WRITTEN QUESTION P-1264/00

by Caroline Jackson (PPE-DE) to the Commission

(11 April 2000)

Subject: Animal waste incineration

Can the Commission state whether it has any plans to address the issue of incineration standards for non-hazardous animal wastes, following the dismay of many British operators of small on-farm incinerators, and owners of pet crematoria, at the likelihood that they will have to comply with the standards set out in the current proposal for a directive on the incineration of waste, since this would increase their costs considerably? Does the Commission agree that this situation could best be dealt with either by a separate proposal, or by relaxing the standards for such small-scale incinerators, or by giving them a specific exclusion from the directive on the incineration of waste?

Answer given by Mrs Wallström on behalf of the Commission

(17 May 2000)

According to Article 2(2) (v) of the future directive on incineration in its common position(1) form, plants treating waste excluded from the scope of Council Directive 75/442/EEC of 15 July 1975(2) pursuant to Article 2(1) of that Directive are excluded from the scope of the future directive on incineration. According to Article 2(1) (iii) of the directive, animal carcasses which are already covered by other legislation are excluded from the scope of Directive 75/442/EEC and therefore from the scope of the future directive on incineration in its common position form.

Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin and amending Directive 90/425/EEC(3), laying down the veterinary rules for the disposal and processing of animal waste, is such a piece of legislation. Therefore, animal carcasses are excluded from the scope of the future incineration directive. Instead, the disposal of animal carcasses must comply with the regulations of Directive 90/667/EEC and any other relevant Community legislation.

In its second reading the Parliament adopted an amendment which seeks to remove that exclusion. If the Council accepts this, animal waste will no longer be excluded from the scope of the future directive. The Commission can accept this amendment of the Parliament only in principle, meaning that the Commission can accept the removal of the ambiguous wording of Article 2(2) (v) of the future directive on incineration in its common position form, but would like to clarify that there is specific Community legislation on the veterinary aspects of the disposal of animal waste. The Commission will also make sure that these measures are also consistent with the Treaty provisions on the free movement of goods and taxation.

However, the Commission considers that the incineration of animal waste will have also to comply with environmental standards. The Commission is currently preparing such standards within the scope of the future proposal for a Council and Parliament regulation laying down the health rules concerning animal by-products not destined to human consumption. Such standards will be broadly in line with those laid down by the future directive on incineration.

(1) OJ C 341, 5.12.1994.

(2) OJ L 194, 25.7.1975.

(3) OJ L 363, 27.12.1990.