WRITTEN QUESTION E-1154/03

by Karl-Heinz Florenz (PPE-DE), Willi Görlach (PSE),Friedrich-Wilhelm Graefe zu Baringdorf (Verts/ALE), Christa Klaß (PPE-DE)and Dagmar Roth-Behrendt (PSE) to the Commission

(1 April 2003)

Subject: Regulation (EC) 1774/2002, use of waste food and products of the foodstuffs industry in the EU Member States

Regulation (EC) 1774/2002(1) of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption does not state that the collection of waste food shall be compulsory, nor does it specify how this collection should be carried out.

Article 6(1)(f) of Regulation (EC) 1774/2002 defines products of the food industry as Category 3 material. Logically this should imply a ban on feeding to animals long-life bakery goods (biscuits, preserved pastry goods and cakes) made with animal products (e.g. eggs), or milk or dairy products of the same type.

1. Does the Commission have any information on whether, and if so how, food waste occurring in the EU is collected everywhere separately from other waste products, and harmlessly treated or disposed of? If not, does not the Commission consider it sensible to order a study on this topic?

2. Does the Commission possess any studies showing that the uses of waste food frequently cited as alternatives to animal feed composting and treatment in bio-gas plants are practicable in the long term and hygienic in epidemiological terms? If not, does not the Commission consider it sensible to order a study on this topic?

3. Does the Commission consider that the feeding to animals of long-life bakery goods made with animal products (e.g. eggs), and milk and dairy products of the same type, is prohibited? What products of animal origin, and mixed products containing animal products, may still be used in animal feed since the entry into force of the above-mentioned directive?

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

Answer given by Mr Byrne on behalf of the Commission

(16 May 2003)

Regulation (EC) No 1774/2002 establishes how the collection, transport and identification of all animal by-products (except category 3 catering waste) shall be done. Catering waste is defined in Annex I as waste food originating in restaurants, catering facilities and kitchens, including central kitchens and household kitchens. Therefore, the Commission considers that catering waste is waste from premises on which food is produced for direct consumption, excluding former foodstuffs, referred to in Article 6(1)(f) from retail outlets such as supermarkets or food factories producing products for retail sale.

The scope of Article 6(1)(f) covers former foodstuffs of animal origin, other than catering waste, which are no longer intended for human consumption for commercial reasons or due to problems of manufacturing or packaging defects or other defects which do not present any risk to humans or animals. Therefore, the Commission considers that the scope of that Article is not intended to cover for instance, bakery products (such as waste bread, cakes, pastry, biscuits), pasta, chocolate, sweet and similar products which do not contain and have not been in contact with animal carcases, parts of animal carcases or products of animal origin (other than, for instance, rennet or melted fat, milk or egg which have been incorporated into another those products but which do not constitute the main characteristic ingredient, and which do not contain fresh meat, meat products or meat preparations). Consequently, the processing, use and disposal of these bakery products is outside the scope of the Regulation.

Discussion with experts from Member States in the framework of the Standing Committee on the Food Chain and Animal Health has revealed that there are varying ways of collection, uses and disposal of former foodstuffs, ranging from transformation into feeds, composting and treatment in biogas plants to landfill, depending on local circumstances.

The Commission does not intend at present to carry out a specific study on the collection and treatment of former foodstuffs, but will produce a report on the basis of information expected from Member States on general compliance with the Regulation towards the end of the year 2003. If appropriate, such a report will be accompanied by legislative proposals.

Furthermore, in the context of the adoption of the implementing and transitional measures for Regulation (EC) No 1774/2002, the Commission has undertaken to present a proposal to clarify the scope of Article 6(1)(f) to the next meeting of the SCoFCAH, and proposed to grant to Member States a limited derogation (subject to a number of conditions), until 31 December 2004, in relation to the composting and treatment in biogas plants of Category 3 materials. As former foodstuff containing products of animal origin is a Category 3 material, this derogation will allow Member States to continue to use national rules for the composting and treatment in a biogas plant of former foodstuff.