WRITTEN QUESTION E-2746/02

by Samuli Pohjamo (ELDR) and Mikko Pesälä (ELDR) to the Commission

(30 September 2002)

Subject: Inclusion of peat in the mining waste directive

The Commission is drafting a directive on mining waste. According to our information, the Commission is considering including peat in the directive, which would cause major practical problems to our country's peat industry in connection with the requirements for the treatment of waste and various new bureaucracy.

We are very surprised at this, since peat is not a mineral and does not generate similar waste to the mining industry.

In reality, in Finland peat is a slowly renewable natural resource, and burning it together with other bioenergy sources, using modern technology, produces excellent results better than would be obtained using only wood, for example.

It seems that the whole of the Nordic peat and bioenergy industry is so little known to the officials responsible for drafting legislation at the Commission that it might be time for them to undertake a fact-finding mission to the North.

Is the Commission equating peat with mining waste in the directive on mining waste or is it in any other way imposing new restrictive criteria on the use of peat in energy production?

Answer given by Mrs Wallström on behalf of the Commission

(18 November 2002)

The Commission has indicated in its Communication Towards a Thematic Strategy on Soil Protection(1) that it would present a proposal for a Directive on mining waste. Measures on mining waste are also identified as a priority action in the Parliament and Council Decision No 1600/2002/EC of 22 July 2002 laying down the 6th Community Environment Action Programme(2).

In order to consult stakeholders, the Environment Directorate-General has elaborated a number of working documents on the possible content of a proposal for a Directive on the management of waste from the extractive industry. These drafts mentioned the possibility of including waste generated during the extraction of peat into the scope of the proposal.

Peat extraction is listed in the Annexes of Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment(3), as a project of extractive industry that is likely to have significant environmental effects. The management of waste from peat extraction falls under the provisions of Council Directive 75/442/EEC of 15 July 1975 on waste(4) and may, depending on the characteristics of the waste generated, fall also under the provisions of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste(5).

At this stage, the Commission has not yet decided on the content and scope of the proposal. In doing so, the Commission will take into account the above-mentioned Community legislation on waste as well as Community policy on energy supply. It will also take into account the comments and suggestions made during the consultation process, including those set out by the Honourable Members.

(1) COM(2002) 179 final.

(2) OJ L 242, 10.9.2002.

(3) OJ L 73, 14.3.1997.

(4) OJ L 194, 25.7.1975.

(5) OJ L 182, 16.7.1999.