Annexes to COM(2010)235 - Future steps in bio-waste management in the EU

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2010)235 - Future steps in bio-waste management in the EU.
document COM(2010)235 EN
date May 18, 2010
Annex shows that at societal level and for the whole EU, the potential benefits appear to be significant. However, due to the different conditions in Member States, further work is needed notably from the subsidiarity perspective before considering whether to propose an EU target for biological treatment. The Commission will continue its analysis with a view to conclude on the appropriateness of setting targets by 2014 at the latest under the WFD. It is likely that a target for biological treatment would have to go hand-in-hand with enhanced separate collection to ensure good quality of compost and digestate.

Choices between centralised or de-centralised composting, energy production by digestion and various ways of using the energy produced - transport, electricity, heat production will depend on local conditions (energy mix, possible synergies with other policies) and should be left to Member States.

The proposed Directive on Industrial Emissions [19] aimed to replace the current IPPC Directive [20], is laying down the main principles for the permitting and control of larger bio-waste treatment installations (above a capacity of 50 tonnes per day). Regulation on bio-waste could complement, but should not affect health rules for the collection and treatment of Animal By-Products. [21]

7.1.3. Protecting EU soils

Compost and digestate from bio-waste are under-used materials. While offering an excellent contribution to EU resource efficiency and to the improvement of carbon-depleted soils, in many Member States demand suffers from a lack of end-user confidence.

To address this concern, the use of these materials should be regulated in such a way that no adverse effects are generated on soils.

Standards for compost and digestate should be established to enable their free circulation on the internal market and to allow using them without further monitoring and control of the soils on which they are used. The "end of waste" procedure under the WFD could be the most efficient way of setting such standards. The Commission is starting work to assess the technical basis for a possible proposal [22].

It is expected that not all biologically treated bio-waste will comply with the "product" standards. Nevertheless, those materials could offer a valuable contribution to carbon-depleted soils if applied in a safe manner. Full harmonisation across the EU for this purpose would not be feasible in view of different local conditions (e.g. soil quality and needs) but EU minimum rules should be set as "safety net" against unsafe use.

The Commission is presently looking into the possibility of introducing such minimum requirements via the Sewage Sludge Directive [23], which is under review. An impact assessment is planned for end 2010, and a proposal by 2011, if appropriate.

7.1.4. Research and Innovation

Research and innovation can result in new technologies and uses for bio-waste (advanced fertilising and bio-energy applications, biochemical applications, biomaterials) The Seventh Framework Programme of the European Community for research and technological development (2007–2013) is instrumental for such developments. Several themes of its Cooperation Programme support activities aimed at preventing bio-waste and/or maximising its economic value.

7.1.5. Re-enforced focus on full implementation of the existing EU acquis

As demonstrated by the progress in several Member States, the existing waste legislation is an excellent basis for advanced bio-waste management. It is however paramount that the available tools are used to their full potential and properly enforced. Additional new regulation cannot be expected to compensate for bad implementation or lenient enforcement of existing legislation. Therefore, the Commission – in parallel to assisting Member States – will significantly re-enforce its attention to better implementation of legislation. With this aim, the Commission is preparing guidelines on the application of life-cycle thinking and assessment in the waste sector [24].

The effective enforcement of the diversion targets of the Landfill Directive is one of the top priorities in this regard. A number of actions can be taken, as appropriate, to strengthen the implementation of this directive, including close monitoring of the attainment of the diversion targets, in-depth analysis of Member States' strategies for biodegradable waste management, European financial support through regional policies. Furthermore, the Commission is in the process of evaluating its means for better monitoring and giving more support to Member States where needed with a view to enabling early guidance, training and intensified co-operation.

The steps described above would make best use of existing legislation, using already agreed Comitology procedures and review processes. Leaving the necessary leeway for national policies they could significantly help achieving a good implementation of waste legislation in support of EU resources efficiency.

7.2. Actions to be taken by Member States

7.2.1. Waste Management Planning according to the "waste hierarchy"

While respecting specific local conditions, first and foremost Member States should implement the provisions of the WFD and properly apply the "waste hierarchy" in national bio-waste management planning. Proper use of these provisions, which will become a legally binding approach for Member States on 12 December 2010, would make a significant contribution to optimized bio-waste management and complement the effects of the Landfill Directive.

7.2.2. Prevention of bio-waste

In line with the "waste hierarchy", waste prevention should be increased, making best use of the WFD's waste prevention programmes, including appropriate national bio-waste prevention objectives to break the link between economic growth and the environmental impacts of generating of bio-waste, national benchmarks for bio-waste prevention measures, monitoring, assessment and periodical reporting on progress in their achievement. The Commission could provide assistance by creating framework for such activities (see 7.1.1.).

7.2.3. Promote separate collection and biological treatment of bio-waste

Composting and anaerobic digestion offer the most promising environmental and economic results for bio-waste that cannot be prevented. An important pre-condition is a good quality of the input to these processes. This would in the majority of cases be best achieved by separate collection.

Member States should make strong efforts for introducing separate collection in order to meet high quality recycling and anaerobic digestion. Highly efficient systems based on source separation of various streams of bio-waste exist already in Austria, Germany, Luxembourg, Sweden, Belgium, the Netherlands, Cataluña (Spain) and certain regions in Italy [25]. Systems of separate collection can differ significantly depending on, for instance, the types of waste collected (food waste, garden waste etc.) and the availability of treatment options. The key for success lies in adaptation to local conditions and user-friendly design

The Commission recommends that Member States make fullest use of the possibilities opened by Articles 11 and 22 of the WFD to introduce separate collection systems as a matter of priority in line with the competition rules of the Treaty on the Functioning of the European Union. Information on implementing those articles will likely form part of the reporting requirements under the WFD.

7.2.4. Protecting EU soils

The Commission is considering proposing minimum standards for use of compost and digestate in agriculture via the revision of the Sewage Sludge Directive (see 7.1.3). These rules would likely be equal or less stringent than national rules already in place in some Member States, thus causing minimum needs for re-adjustment and additional costs.

7.2.5. Compost – a product of highest quality for better resource efficiency

Member States should promote the production and use of compost from "clean" (separately collected) bio-waste. They should pro-actively support the wide up-take of this material by end-users. This would improve resource efficiency by partially replacing non-renewable mineral fertilizer as well as by maintaining the quality of EU soils. Member States should proactively participate in the definition of quality criteria as described in section 7.1.3 and support their application to accelerate market growth.

7.2.6. Towards "zero landfilling"

With regard to landfilling, national efforts should focus on the full implementation of the Landfill Directive's diversion targets and other provisions of the directive related to safe and sound landfilling of stabilised bio-waste residue.

"Zero landfilling" of untreated waste and high-quality biological treatment has been achieved by some Member States who already took the appropriate national initiatives. The Commission highly recommends that all Member States aim at "zero landfilling" of untreated bio-waste at the fastest possible pace, in line with the provisions of the WFD.

In the strive towards least possible landfilling, all options that are higher in the waste hierarchy can play their role. Also energy efficient incineration can contribute to improved overall waste management. However utmost care must be taken to avoid over-investment on incineration capacity that could limit later options towards more biological treatment or prevention. National waste management plans should include an explicit mid- to long-term consideration of this issue.

7.2.7. Producing energy from wastes

The decarbonisation of the energy sector is one of the main challenges for the EU. Bio-waste can be converted to electricity, heat or transport fuels at relatively low cost, thus limiting the use of fossil fuels and increasing security of supply. Member States should consider this opportunity when working on measures to reach their national binding renewable energy target for 2020 under the Renewable Energy Directive. [26] The Directive particularly acknowledges the benefits of using waste to produce transport fuels by counting them double towards the 10% transport fuel target.

7.2.8. Better Implementation

Proper implementation of EU legal instruments addressing the management of bio-waste must be made a key priority by Member States. General waste management requirements such as environmental and human health protection during waste treatment, priority for waste prevention and recycling are laid down in the WFD which also contains specific bio-waste related elements (recycling targets for household and similar waste, which can include bio-waste, separate collection requirements). Together with the Landfill Directive they form a key legislative framework on bio-waste.

In line with the evidence presented in this Communication and the better regulation principle, it is imperative that Member States use all opportunities of the existing EU legislation to optimise their bio-waste management.

8. Conclusions

The analysis conducted by the Commission confirms that improved management of bio-waste in the EU holds an untapped potential for significant environmental and economic benefits. This Communication outlines actions to unlock this potential by making best use of the existing regulatory framework while safeguarding a wide margin of discretion for Member States in choosing the best options for their respective circumstances.

[1] 2008/98/EC

[2] EEA Report (7/2009) - Diverting waste from landfill

[3] 1999/31/EC

[4] Bulgaria, Cyprus, Czech Republic, Estonia, Greece, Ireland, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Slovakia, UK

[5] Decision 1600/2002/EC

[6] COM(2005) 666 final

[7] COM(2008) 811 final

[8] http://circa.europa.eu/Public/irc/env/biowaste_prop/home

[9] http://ec.europa.eu/environment/waste/eventspast/biowaste.htm

[10] 2953rd Environment Council, document: 11462/09

[11] "The Food We Waste" report for the WRAP (UK). April 2008

[12] Mostly from avoided emission related to food production and transport

[13] As outlined in Art 3(4) and Art 21(2) of Directive 2009/28/EC on the promotion of the use of energy from renewable sources

[14] ORBIT/ECN, “Compost production and use in the EU”, 2008

[15] ibid.

[16] Around 45% of EU soils lack humus

[17] total benefits for EU-27 for the period 2013-2020 – calculated from actions beyond implementation of existing legislation.

[18] see Annex (8.3)

[19] COM(2007) 843 final

[20] 96/61/EC

[21] (EC) No. 1774/2002

[22] See JRC-IPTS End of Waste Criteria – final report

[23] 86/278/EEC

[24] http://lct.jrc.ec.europa.eu/eplca/deliverables/international-reference-life-cycle-data-system-ilcd-handbook

[25] ACR+: Managing biodegradable household waste: What prospects for European Local Authorities?

[26] 2009/28/EC

--------------------------------------------------