WRITTEN QUESTION E-1925/02

by Guido Sacconi (PSE) to the Commission

(3 July 2002)

Subject: Use of purifying muds in agriculture

A ministerial decree adopted in Italy on 7 December 2001 sets out a list of fertilisers including integrated hide, a product obtained from a mixture of hide and proteic muds stabilised by the tanning cycle.

It is stated in the preamble to this decree that the opinion of the European Commission has been taken into account.

Production of such a fertiliser would lead to the use in agriculture of purifying muds of obviously industrial origin, free of qualitative or quantitative restrictions, with no registration of their use and with no preventive analysis of the soil concerned. This would be in flagrant breach of the spirit and letter of Council Directive 86/278/EEC(1) of 12 June 1986 (incorporated into Italian law by Decree-Law 99/1992).

The free movement of goods would also mean that this fertiliser could be marketed and used throughout the Union.

Can the Commission confirm:

1. whether a favourable opinion has been given regarding the adoption of this provision?

2. If so, can it explain the terms in which that opinion was expressed?

3. Does the Commission intend to intervene to prevent the inappropriate use of purifying muds in agriculture?

(1) OJ L 181, 4.7.1986, p. 6.

Answer given by Mrs Wallström on behalf of the Commission

(5 August 2002)

1. In the context of the notification procedure provided for by Directive 98/34/EC(1) of the Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, Italy notified a draft decree amending Annexes 1B and 3 of Act No 748 of 19 October 1984 (the Italian Fertiliser Act).

2. The Commission received this notification(2) on 14 March 2000 and did not react to it. The absence of reaction in the framework of the above mentioned notification procedure does not mean approval of the notified draft; for example, the practical application of the measure may reveal problems of compatibility with Community law. It has also to be added that Article 8, paragraph 5 of Directive 98/34/EC provides that the absence of reaction from the Commission under this Directive to a draft technical regulation shall not prejudice any decision which might be taken under other Community acts.

3. Council Directive 86/278/EEC(3) of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture defines sludge as residual sludge from sewage plants treating domestic or urban waste waters and from other sewage plants treating waste waters of a composition similar to domestic and urban waste waters (Article 2(a)(i) of the Directive).

Industrial waste waters, such as those originating from a tannery, cannot be regarded as domestic or urban waste waters. Neither can they be considered of a composition similar to domestic and urban waste water.

Thus, the requirements of Directive 86/278/EEC are not applicable to sludges of industrial origin. The requirements for the use of sludge from industrial installations have to be laid down by Member States in accordance with Article 3(2), second indent, of Directive 86/278/EEC.

The Italian decree mentioned by the Honourable Member in his Written Question allows the use of tannery sludges as an organic complement to balance the nitrogen:carbon ratio. The concentration of hexavalent chromium (Cr VI) cannot be in any case higher than 0,5 ppm.

(1) OJ L 204, 21.7.1998.

(2) 2000-0107-I.

(3) OJ L 181, 4.7.1986.