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Commission tempers ambitions on EU biowaste law

Published 04 March 2010
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Waste
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Under pressure from the Spanish EU Presidency to table a directive on biowaste management, the European Commission is insisting that amending existing waste laws would be a simpler option.

While a single biowaste directive may look like "an attractive option" that could give a "strong political signal," such a proposal may be excessive, said Bartosz Zambrzycki, an official at the European Commission's environment directorate.

In particular, setting a standard for product quality compost would be "a very time consuming process" as the Lisbon Treaty limits the use of expert committees for dealing with technicalities, he added during a debate on biowaste on Tuesday (2 March).

He said a simpler option would be to modify the bloc's current Waste Framework Directive (WFD) - either Article 11 on collections of different waste streams or Article 22, which currently encourages separate collection and treatment of biowaste.

There is "no difference between whether we redraft Article 11 or do a separate directive," Zambrzycki said, adding that amending the existing directive would be the "simpler solution".

EU presidency trio priority

Biowaste is one of the stated priorities of the current Spanish EU Presidency.

Representing the presidency, Pilar Garcia Doñoro said that "our priority is that the Commission tables specific regulation on this". She stressed that Belgium and Hungary, which will take over the EU presidency after Spain, also support this view (EurActiv 11/06/09).

Meanwhile, diplomatic sources said the topic is "genuinely controversial," as local and regional differences are so great that it will be very difficult to legislate on the matter at EU level. 

Impact assessment

Presenting the preliminary results of a Commission impact assessment on biowaste management, Zambrzycki said significant progress could be made by simply implementing fully existing EU laws on landfill and the waste hierarchy. He also stressed that there are no obstacles at EU level preventing member states from taking action alone by pursuing more active biowaste policies.

The impact assessment also notes that compost markets could be improved by introducing EU quality standards for compost, which could in turn improve biowaste recycling.

But the initial assessment concludes that "it should be possible" to achieve these targets by adapting existing legislation.

Zambrzycki said that the Commission's legal services are currently conducting a quality check of the impact assessment and, when approved, the EU executive will decide whether to present legislative or non-legislative proposals.

Positions: 

Mieke de Schoenmaekere from the Flemish Public Waste Agency (OVAM) stressed that "biowaste is not just waste" and has a lot of value if properly managed.

She argued for a separate directive on biowaste and said that opening articles of the Waste Framework Directive would be like "opening a Pandora's box".

De Schoenmaekere added that an integrated approach to biowaste would provide legal certainty and consequently improve the investment climate and convince private and public operators to take action. It would help create new jobs, business opportunities and proper biowaste management, she said.

Meanwhile, a representative of the Council of European Municipalities and Regions (CEMR) argued that separate collection of biowaste cannot be imposed and suggested establishing recycling targets instead.

Stefanie Budewig from the German Environment Ministry said that Germany's "quite good and high" biowaste recycling is the result of specific biowaste legislation and quality assurance. The key elements for successful biowaste management are the separate collection of biowaste, optimal treatment of waste regulated by binding legislation and a high level of consumer demand and confidence, she said.

Background: 

Biowaste accounts for 30%-45 % of municipal solid waste in Europe.

The European Commission defines biowaste as biodegradable garden and park waste, food and kitchen waste from households, restaurants, caterers and retail premises, and comparable waste from food processing plants. The definition does not include forestry or agricultural residues, manure, sewage sludge or other biodegradable waste, such as natural textiles, paper or processed wood. 

The main environmental threat from biowaste is methane production from landfill. Methane is said to be over 20 times more environmentally harmful a greenhouse gas than carbon dioxide.

The EU's Landfill Directive obliges member states to reduce the amount of biodegradable waste in landfill by 65% by 2016 compared to 1995 levels. But it does not give countries binding specifications on what to do with it: a situation that has led most member states to opt for incineration.

According to the European Environment Agency (EEA), biowaste management in the EU 27 differs widely, with member states divided into three groups: those relying on incineration, those with high recovery rates and those with a lot of landfill.

In December 2008, the Commission published a Green Paper on biowaste management in the EU, and launched a consultation process to assess opinion on whether a specific, stand-alone EU Biowaste Directive is needed.

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