Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th May, 2015.

I, Alan Kelly, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by sections 7, 18, 28, 29, 34, 36, 38 and 39 of the Waste Management Acts 1996 to 2008 hereby make the following regulations:

Citation.

1. These Regulations may be cited as the Waste Management (Food Waste) (Amendment) Regulations 2015.

Interpretation.

2. “Principal Regulations” means the Waste Management (Food Waste) Regulations 2009 ( S.I. No. 508 of 2009 ).

Amendment of Principal Regulations.

3. The Principal Regulations are amended in Regulation 2(3)-

i. by inserting the following definition:

““anaerobic digestion” means the biological decomposition of bio-waste in the absence of oxygen and under controlled conditions by the action of micro-organisms in order to produce biogas and digestate;”

ii. by substituting the following for “authorised treatment process”:

“ “authorised treatment process” for the purposes of these Regulations means-

(a) the composting of source segregated food waste in an authorised facility, or

(b) the anaerobic digestion of source segregated food waste in an authorised facility; or

(c) the production of pet food from source segregated food waste in an authorised facility; or

Where the Agency certifies that adequate processing facilities under (a), (b), or (c) are not available, treatment in other authorised facilities other than a Type 8 Plant;”

iii. by inserting the following definition:

““Type 8 Plant”, for the purposes of these Regulations, shall mean an authorised biological treatment facility treating animal by-product feedstock consisting of mixed municipal waste (Code 20 03 01) or derived from such waste at waste management facilities, where the only ABP component is Category 3 catering waste that has not been source segregated by producers. The outputs from the Type 8 Plant must be handled in accordance with the requirements of environmental and animal by-product legislation.”

(b) By substituting the following for Regulation 7(2)(a):

“(a) a producer, authorised, registered or approved under the European Union (Animal By-Products) Regulations 2014, or”

(c) By substituting the following for Regulation 13(3)(b):

“(b) a person authorised, registered or approved under the European Union (Animal By-Products) Regulations 2014”

GIVEN under my Official Seal,

7 May 2015.

ALAN KELLY,

Minister for the Environment, Community and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the Waste Management (Food Waste) Regulations 2009 ( S.I. No. 508 of 2009 ) and are designed to promote the segregation and recovery of food waste arising in the commercial sector and to take account of the advent of “Type 8” plants in Ireland providing for the successful coexistence of these and composting plants within the overall waste treatment infrastructure in Ireland.