Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 1st July, 2011.

I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008¹ on waste and repealing certain Directives, hereby make the following regulations:

Citation

1. These Regulations may be cited as the European Communities (Waste Directive) (No. 2) Regulations 2011.

Interpretation

2. In these Regulations-

"Act of 1996" means the Waste Management Act 1996 (No. 10 of 1996);

"Waste Directive" means Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives.

Amendment of section 3 of Act of 1996

3. Section 3(2)(b) of the Act of 1996 is amended by inserting ", except those which are destined for incineration, landfilling or use in a biogas or composting plant" after "(Animal by-products Regulation)".

Amendment of section 5 of Act of 1996

4. Section 5(1) of the Act of 1996 is amended, in the definition of "preparing for re-use", by substituting "cleaning" for "clearing".

Amendment of Fourth Schedule to Act of 1996

5. The Fourth Schedule to the Act of 1996 is amended, in R1, in the formula, in the definition of "Ei", by substituting "Ef" for "Bf".

GIVEN under my Official Seal,

14 June 2011.

PHIL HOGAN,

Minister for the Environment, Community and Local Government.

EXPLANATORY NOTE

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

These Regulations, European Communities (Waste Directive) (No. 2), Regulations 2011, make a small number of additional amendments to the Waste Management Act 1996 , omitted through typographical error, from the European Communities (Waste Directive) Regulations 2011 (S.I. 126 of 2011).

1 OJ No. L312, 22.11.2008, p. 3