Commission Regulation (EU) 2026/176 of 26 January 2026 amending Regulation (EU) No 142/2011 as regards transitional measures for export of meat-and-bone meal as a fuel for combustion

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (1), and in particular Article 43(3) thereof,

Whereas:

(1) Regulation (EC) No 1069/2009 lays down rules for the collection and disposal of animal by-products and derived products. Article 12 in conjunction with Article 7(2) of that Regulation stipulate that Category 1 meat-and-bone meal (MBM) should be disposed of by incineration, co-incineration, combustion or landfill or be used as a fuel for combustion. Article 43 of that Regulation lays down rules on the export of animal by-products and derived products.

(2) Commission Regulation (EU) No 142/2011 (2) lays down public and animal health rules for placing on the market and export of animal by-products and derived products. Chapter V of Annex XIV to that Regulation lays down rules for the export of certain derived products, including MBM of Category 1 materials intended as a fuel for combustion.

(3) In 2021, the competent authorities of Ireland indicated that they were building plants for the combustion of MBM. They requested that, during a transitional period, the traditional trade flows of MBM of Category 1 materials intended for disposal in the United Kingdom be authorised. By Commission Regulation (EU) 2021/899 (3), the Commission granted the requested derogation until 31 December 2023.

(4) In 2023, the competent authorities of Ireland informed the Commission that several delays in the planning had disrupted the foreseen timeline of the construction. Therefore, the Commission prolonged the transitional period until 30 June 2025 by Commission Regulation (EU) 2023/2613 (4).

(5) In early June 2025, the competent authorities of Ireland informed the Commission that, due to cumulative delays in the construction of the plants, two more years would be needed to complete their own combustion capacity for the disposal of MBM. It is therefore appropriate to prolong the extension of the transitional period to 30 June 2027. The Commission considers that this period should be appropriate to finalise the construction of the plants.

(6) Chapter V of Annex XIV to Regulation (EU) No 142/2011 should therefore be amended accordingly.

(7) This Regulation should apply from 1 July 2025 to ensure continuity between the previous transitional period and the transitional period provided for in this Regulation, as well as to ensure legal certainty regarding the export of MBM from Ireland to the United Kingdom.

(8) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

Article 1

Annex XIV to Regulation (EU) No 142/2011 is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 July 2025.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 January 2026.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 300, 14.11.2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/1069/oj.

(2) Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (OJ L 54, 26.2.2011, p. 1, ELI: http://data.europa.eu/eli/reg/2011/142/oj).

(3) Commission Regulation (EU) 2021/899 of 3 June 2021 amending Regulation (EU) No 142/2011 as regards transitional measures for the export of meat-and-bone meal as a fuel for combustion (OJ L 197, 4.6.2021, p. 68, ELI: http://data.europa.eu/eli/reg/2021/899/oj).

(4) Commission Regulation (EU) 2023/2613 of 23 November 2023 amending Regulation (EU) No 142/2011 as regards transitional measures for export of meat-and-bone meal as a fuel for combustion (OJ L, 2023/2613, 24.11.2023, ELI: http://data.europa.eu/eli/reg/2023/2613/oj).