I propose to take Questions Nos. 463 and 464 together.
Animal by-products (ABP) are defined as entire bodies or parts of animals, products of animal origin or other products obtained from animals which are not intended for human consumption. This definition encompasses catering waste and former foodstuffs.
Because of the associated risk and to protect both human and animal health, the use of ABP is covered by comprehensive EU Regulations (Nos. 1069 of 2009 and 142 of 2011). These regulations ensure that ABP is disposed of safely and that controls are implemented to ensure this material is not illegally diverted back into the human food chain.
Whether or not ‘organic fines' are regarded as ABP is a question of fact i.e. whether or not they include material which falls within the definition as set out above. If such material contains ABP then that material must be processed or disposed of in accordance with the options set out in the regulations. The onus for determining if such material contains ABP lies with the operator who generates the material. The regulations also place an obligation on the user of any ABP material to ensure that the product is dealt with in accordance with the regulations.
Under Article 24(g) of ABP Regulation (EC) 1069 of 2009 any plant or establishment involved in the transformation of ABP and/or products derived from ABPs into biogas or compost must be approved by the competent authority, in this case my Department.
My Department does not comment publicly on its dealings with individual business operators. The names of those approved to handle ABPs are published on the Department's website.