
Article 1 

1. By way of derogation from Articles 6(2) and 7 and Chapters I to III and Chapters V to VIII of Annex II to Regulation (EC) No 1774/2002, Member States may authorise the collection, transport, treatment, use and disposal of former foodstuffs referred to in Article 6(1)(f) of that Regulation (former foodstuffs), in accordance with Articles 2 and 3 of this Regulation, provided that:
(a) they have not been in contact with any animal by-product referred to in Articles 4 and 5 and points (a) to (e) and (g) to (k) of Article 6(1) of Regulation (EC) No 1774/2002 or with other raw material of animal origin;
(b) this does not pose a risk to public or animal health.
2. The derogation provided for in the first paragraph shall not apply to raw material of animal origin.
Article 2 
Member States may authorise the collection and transport of former foodstuffs provided that the person consigning or transporting the former foodstuffs:

((a)) ensures that the former foodstuffs are consigned and transported to a plant or other outlet permitted pursuant to Article 6(2) of Regulation (EC) No 1774/2002 or a plant or other outlet or landfill pursuant to Article 3 of this Regulation; and
((b)) keeps a record of consignments for a period of at least two years from the date of such consignment or transport demonstrating this, and makes it available upon request to the competent authority.
Article 3 
Member States may authorise former foodstuffs to be:

((a)) disposed of as waste by burial in a landfill permitted under Directive 1999/31/EC;
((b)) treated in alternative systems approved under conditions minimising risk to animal and public health provided that the following conditions are complied with:

((i)) the resulting material is sent for disposal to an incineration plant or a co-incineration plant in accordance with Directive 2000/76/EC, or landfill in accordance with Directive 1999/31/EC; and
((ii)) is not used as feed material or used as organic fertiliser or soil improver;
or
((c)) to be used in feed without further treatment or used for other purposes without further treatment if such former foodstuffs have not been in contact with raw material of animal origin and the competent authority is satisfied that such use does not pose a risk to public or animal health.
Article 4 
The competent authority shall take the necessary measures to control compliance by operators with this Regulation.
Article 5 
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2006 to 31 July 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 3 February 2006.
For the Commission
Markos KYPRIANOU
Member of the Commission