WRITTEN QUESTION E-3120/01

by Graham Watson (ELDR) to the Commission

(13 November 2001)

Subject: Animal by-products not intended for human consumption

EU legislation is now under consultation regarding laying down health rules concerning animal by-products not intended for human consumption.

Does the Commission have any plans to consult those involved in composting before the legislation comes into force in February 2002?

Answer given by Mr Byrne on behalf of the Commission

(14 January 2002)

As a consequence of the outbreak of foot-and-mouth disease, both the Parliament and the Council requested the introduction of catering waste in the scope of the proposal for a Regulation of the Parliament and the Council laying down the health rules concerning animal by-products not intended for human consumption(1), in order to avoid the potential spread of animal diseases via this material.

The Commission accepted the above inclusion on the condition that it would not create unnecessary negative consequences on the practice of composting. In line with the Commission request, the Council's Common Position proposes a number of steps to meet further Commission concerns.

In particular the Common Position:

- spells out that the Regulation shall not hinder the development of new rules on environmental protection, particularly as regards biodegradable waste;

- establishes that catering waste shall be transformed in a biogas plant or composted in compliance with rules adopted in accordance with the Standing Committee procedure following scientific opinion. Pending the adoption of such rules, composting and biogas production from catering waste may continue in accordance with existing national rules;

- establishes that detailed rules for the use of compost as a fertiliser can be fixed by Standing Committee procedure following scientific advice.

The Common Position is being transmitted to the Parliament for the second reading in accordance with the co-decision procedure. The Regulation will apply six months after the adoption by the two institutions.

Eventual Community health rules on composting will be proposed by the Commission only after the adoption of the Regulation and when scientific advice will be available.

In the draft Proposal for a Decision of the Parliament and the Council on the Sixth Environment Action Programme Environment 2010: Our future, our choice(2), the Commission listed as action a legislative initiative on biodegradable waste.

Consultation on Commission proposals on composting will take place with the parties involved in this matter, in line with usual procedures.

The Commission is aware of the problems that certain provisions of the Common Position may cause to the separate collection of biodegradable waste. In particular, the Commission is aware that separate collection, composting and anaerobic digestion of biodegradable waste (catering waste included) are also important with regard to the targets of Article 5 of Council Directive 1999/31/EC of 26 April 1999, on the landfill of waste(3). The Commission is actively participating in discussions with the Parliament and the Council in order to ensure that the goals of the Regulations are achieved without undermining separate collection schemes.

(1) OJ C 96 E, 27.3.2001.

(2) COM(2001) 31 final.

(3) OJ L 182, 16.7.1999.