EN Official Journal of the European Union CE 84/442

(2004/C 84 E/0515)

WRITTEN QUESTION P-0653/04

by Elisabeth Jeggle (PPE-DE) to the Commission

(2 March 2004)

Subject: Question E-0760/03 — Operating conditions for incineration plants under Regulation (EC) No 1774/2002

In its answer to the above question, the Commission stated that incineration processes not included under Regulation (EC) 1774/2002 (1) would be allowed, provided they took into account the animal and human health and environmental risks involved.

The Commission has since looked at several proposed amendments to Regulation (EC) 1774/2002 that would allow alternative disposal processes. These specifically are Doc. SANCO/2153/2003 from June 2003, Doc. SANCO/2153/2003, Rev. 5, from September 2003 and Doc. SANCO/2153/2003 Rev. 7.

According to the latest revision, the rules on using animal fat in incineration are now to be removed from Regulation (EC) 1774/2002 and the opinion of the European Food Safety Authority is awaited.

The constant changes by the Commission have meant that competent national authorities have now withdrawn licences for certain disposal processes promised in advance to the operators of rendering plants, resulting in considerable financial losses.

When can the European Food Safety Authority be expected to issue its opinion?

To what extent is this opinion binding on the Commission and when can a binding Commission decision revising Regulation (EC) 1774/2002 be expected?

To what extent will the European Food Safety Authority and/or the Commission bring the processes into line with the actual situation, that is by drawing on the proposals for revision in Doc. SANCO/2153/2003 from June 2003 and Doc. SANCO/2153/2003, Rev. 5, from September 2003, as well as the proposal in Written Question E-0760/03 (2)?

Do the latest developments make it absolutely necessary for licences that were granted by national authorities on the basis of previous Commission amendment proposals in favour of alternative processes to be withdrawn?

Answer given by Mr Byrne on behalf of the Commission

(1 April 2004)

The following reply is in addition to the Commission's reply to the Honourable Member's Written Question E-0760/03.

The Scientific Steering Committee adopted an opinion at its meeting of 10 and 11 April 2003, recommending that the process of combustion of animal fats could be regarded as safe for animal fats derived from Categories 2 and 3 materials under certain circumstances, but cannot be assessed, due to a lack of information, for animal fats derived from Category 1 materials.

Following this opinion, further information on Category 1 materials has been made available for evaluation by the European Food Safety Authority (EFSA).

The draft proposal in preparation for the approval of alternative processes has been discussed extensively with Member State experts and has been amended on the basis of these discussions. As such the different revisions of the document quoted by the Honourable Member does not have any legally binding effect.

The Commission expects an opinion from EFSA on the alternative combustion process before the end of 2004. The scientific recommendations will constitute the basis for further discussions with Member States and with the industry concerned. At this time it is not possible to predict the wording of the final text approving the process.

(1) OJ L 273, 10.10.2002, p. 1.

(2) OJ C 222 E, 18.9.2003, p. 233.