WRITTEN QUESTION E-0072/00

by Mathieu Grosch (PPE-DE) to the Commission

(24 January 2000)

Subject: Waste wood in chipboard

A letter from Department DGM/A/GA of the Directorate-General for Conservation of the Netherlands Ministry of Public Health, Regional planning and the Environment ref No NL 94141 clearly states

that 1 500 tonnes of waste wood have been delivered by the Netherlands firm Van der Galiën to the Belgian firm Unilin N.V. for the manufacture of chipboard. (The original text states: the order concerns the export from the Netherlands of 1 500 000 kg of shredded treated wood to Unilin N.V. in Belgium with a view to using this waste in chipboard production).

The Netherlands Ministry registered this waste, pursuant to the requirements and criteria laid down in Regulation 259/93(1) on the supervision and control of shipments of waste within, into and out of the European Community, as non-hazardous waste (was not considered to be hazardous waste within the meaning of the Decision on hazardous waste). In doing so, the Ministry refers to a study which the firm Galiën asked the laboratory Kock Bodemtechniek Eurolab in Deventer to carry out on its behalf. This study, which consisted of two tests on one kilogram of waste wood, did not test for substances such as cadmium, barium, chrome, copper, cobalt or nickel. Furthermore, the test also found excessive levels of PACs (polycyclical aromatic hydrocarbons), i.e. 72 and 146 mg/kg (limit value: 40 mg/kg) and pentachlorophenol, 0,73 mg/kg (limit value: 0,002 mg/kg), which indicate the presence of impregnated (preserved) wood (= special category waste) in the waste.

1. Can the Commission assure any buyers of chipboard produced with this waste that there is absolutely no health hazard involved within the meaning of Regulation 259/93 (through the ingestion of carcinogenic wood preservatives in the waste)?

2. If the Commission is unable to give that assurance, will it carry out comprehensive tests to dispel any misgivings that consumers may have?

(1) OJ L 30, 6.2.1993, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(7 March 2000)

Council Regulation (EEC) No 259/93 of 1 February 1993 regulates the supervision and control of shipments of waste within, into and out of the Community. The procedure applicable to shipments of wastes for recovery within the Community is determined by the classification of the wastes according to Annexes II IV to the Regulation. Untreated wood waste falls under entry GL 010 of Annex II to Regulation 259/93. Treated wood waste is classified as entry AC 170 in Annex III to the Regulation. According to a common understanding among the experts in the framework of the correspondents' group established pursuant to Article 37 of Regulation 259/93, wood waste is to be considered as treated if the wood has undergone any treatment other than a purely mechanical treatment. Conversely, wood waste is to be considered as untreated only to the extent that the wood has not been treated at all, with the exception of purely mechanical treatments.

The Commission understands from the information provided by the Honourable Member that the wood wastes in question were indeed wastes of treated wood. According to Regulation 259/93, their shipment is subject to a notification procedure. This procedure allows for the shipment of the wastes in question for recovery within the Community, subject to the prior consent of the authorities of dispatch, destination and transit.

Regulation 259/93 sets out the regime applicable for the control and supervision of cross-border shipments of wastes. Council Directive 75/442/EEC of 15 July 1975 on waste(1), as amended, sets out the principles for waste management in the Community. Article 4 of that Directive sets the obligation for Member States to ensure that wastes are recovered or disposed of without endangering human health and without using processes or methods which could harm the environment.

However, neither Regulation (EEC) No 259/93 nor Directive 75/442/EEC establish standards for the products derived from a waste recovery operation. Recycled products need to comply with the general standards in place for the type of product in question. In the absence of specific standards at Community level for chipboards, Council Directive 92/59/EEC of 29 June 1992 on general product safety(2) would apply.

On the basis of the information provided by the Honourable Member, the Commission is not in a position to determine whether or not chipboards produced with the waste in question would involve a health hazard. Nor is it in a position to determine whether or not the requirements of Directive 92/59 are met in the case in question.

The Honourable Member is welcome to submit further information.

(1) OJ L 194, 25.7.1975.

(2) OJ L 228, 11.8.1992.