WRITTEN QUESTION P-3145/97 by Franco Malerba (UPE) to the Commission (30 September 1997)

Subject: Damage caused to Community policy on the use of biomass by incorrect application of the Council Directive of 18 March 1991 on waste

Directive 91/156/EEC ((OJ L 78, 26.3.1991, p. 32. )) is aimed at ensuring that waste does not damage the environment and is disposed of or recovered correctly. The basis for the Directive is the definition of 'waste' as 'any substance or object in the categories set out in Annex I which the holder discards or intends or is required to discard' and the list of 'Operations which may lead to recovery' contained in Annex II B. It would appear that an incorrect application of the directive, as a result of the inclusion among waste products of substances which are not polluting to the environment, could hamper the development of biomass energy production technologies as advocated by the European Parliament and the Commission. The European List of Wastes (ELW) provided for in Article 1(a) of the Directive contains items which could include non-polluting natural biomass, such as branches and straw, while sawdust is certainly included, even sawdust obtained from virgin wood. Given that Annex II of the Directive expressly includes use as fuel among recovery operations, although biomass is considered as a waste product, biomass is therefore subject to the procedures laid down in the Directive. Such procedures involve the registration in appropriate lists of producers, holders and transporters of waste and those involved in recovery operations and also involve the keeping of records specifying the quantity, nature, origin, destination, frequency of collection, mode of transport and treatment method in respect of waste. The procedures introduce additional burdens which discourage the constructive use of biomass.

What steps does the Commission intend to take to look into and rectify this contradictory situation?

Answer given by Mrs Bjerregaard on behalf of the Commission (24 October 1997)

The definition of waste contained in Directive 75/442/EEC as amended by Directive 91/156/EEC on waste ((OJ L 78, 26.3.1991. )) reads 'waste means any substance or object in the categories set out in Annex I which the holder discards or intends or is required to discard'. Annex I enumerates 16 categories of waste. However, category Q16 reads 'any materials, substances or products which are not contained in the above categories'. The European waste catalogue (Commission Decision 94/3/EC of 20 December 1993 establishing a list of wastes pursuant to Article 1a of Council Directive 75/442/EEC on waste ((OJ L 5, 7.1.1994. ))) is based on Annex I to Directive 75/442/EEC and it is also an indicative list of waste. Therefore, for the purpose of classifying an object as waste, neither Annex I to Directive 75/442/EEC nor the European waste catalogue are decisive, as they are purely indicative. What matters is the intention, the action or the obligation to discard the object.

The Honourable Member describes as 'wrong application of the Directive' the inclusion in the waste definition of substances which do not pollute the environment. The above described definition of waste is fully independent from the ability of a substance to pollute the environment. This applies fully to biomasses, as long as the definition of waste is fulfilled. Therefore waste-containing biomass is to be considered as waste according to Community legislation, and be subject to the corresponding obligations.

The Commission does not see any contradiction in defining biomasses as waste provided the holder of such biomasses discards them, or has the intention or the obligation to discard them.