95In that connection, it should be observed on the one hand that, admittedly, following a decision by the official veterinarian not to affix the health mark, the processing of the carcass concerned may result in the obligation to destroy it. However, such destruction is part of the processing of that carcass, in accordance with Regulation No 1069/2009, which, with the objective, inter alia, of controlling the risks to public and animal health, lays down a classification of animal by-products and derived products into three categories according to the degree of risk they pose to public and animal health, on the basis of a risk assessment. It should be recalled, as the Court pointed out in today’s judgment, Toropet (C‑836/19, paragraph 45), that that degree of risk on which that classification on the three categories depends is also the relevant criterion for the final use of animal by-products. Regulation No 1069/2009 established lists of possible uses and disposal for each category of material and the rules applicable to each of them in order to reduce that level of risk to a minimum.
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