Review of Animal Waste Directive, 90/667/EEC

Dear Sir/Madam

Further to our letters of 25 November 1999 and 16 February 2000, I now attach the latest version of the European Commission’s proposals to review the Animal Waste Directive (90/667/EEC), parts of the BALAI Directive (92/118/EEC) and associated legislation.

The Commission hopes to formally present the proposals to the Council of Ministers and to the European Parliament in July. No more working group meetings will be held before then, although the Commission will consider comments on the draft if they are received within the next couple of weeks.

We have made a substantial number of points on the text in the past, some of which have been taken on board in the latest draft and some of which have not. We will continue to comment as appropriate but if you have any new points to make could you please let me have them no later than 9 May 2000.

The main changes from the previous text are-

• The proposals no longer refer to both animal waste and animal by-products, but only to animal by-products. Instead articles 4-6 seek to clarify when a by-product becomes waste and thus clarify the relationship between the proposals and the Framework Directive on Waste. This approach is still subject to internal Commission discussions and could change again;

• The definition of category 2 material no longer includes a full list of by-products which are considered to be category 2. Instead it refers to by- products which are not in categories 1 or 3;

• Category 2 fish material could be ensiled (but the uses to which the ensiled material could be put are not specified). Category 2 material would not have to be pressure cooked prior to landfill;

• the potential uses for the rendered category 2 material have been extended. After pressure cooking, the rendered material could be used in a biogas or composting plant, or the meat and bone meal used as fertiliser. The option remains to use tallow in an oleochemical plant for the production of tallow derivatives;

• the controls on the swill-feeding of catering waste have been removed. Swill-feeding is expected to be controlled by a separate Directive on Classical Swine Fever, African Swine Fever and Newcastle Disease;

• the controls on unprocessed manure would apply only to trade between member States and to imports from third countries. They would not apply to trade between farms in the same member State. However, there would be rules for placing on the market of processed manure and these would specify both treatment standards and microbiological standards. The Commission’s view is that anyone composting manure other than in approved premises would be producing unprocessed manure and would not be subject to any controls unless they wanted to trade with other member States;

• the relevant health certificates for imports into the European Community from third countries have now been prepared, together with the third country lists (NB these do not apply to products intended for human consumption; separate EC rules are to apply for such products);

• an entry into force date of 31 January 2003 is proposed. This will allow a phase-in period of about two years after the adoption of the Regulation (which the commission hopes will be in December 2001).

The Commision has asked the Scientific Steering Committee for advice on the appropriate treatment standards for blood products. The relevant treatment standards will be set in the light of the Committee’s opinion.

The Commission has also asked member States for advice on whether rendered fats are used for purposes other than feedingstuffs, oleochemicals, soaps etc. If you are aware of other uses, pleases could you let me know of them, again by 9 May 2000.

Yours sincerely

MG GARDEN