37 Bio-waste management
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9955/10
COM(10) 235
| Commission Communication: Future bio-waste management in the EU
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| Legal base | —
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| Document originated | 18 May 2010
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| Deposited in Parliament | 25 May 2010
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| Department | Environment, Food and Rural Affairs
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| Basis of consideration | EM of 14 June 2010
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| Previous Committee Report | None, but see footnotes 151, 152
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| To be discussed in Council | See para 37.8
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
37.1 One of the EU's strategic goals has been to reduce the impact
on health and the environment of the increasing amounts of waste
generated by economic growth. Although waste management is already
governed by a substantial body of regulation, the Commission believes
that there remain opportunities for further improving the management
of some major waste streams, including bio-waste (defined as biodegradable
garden and park waste, and food and kitchen waste). In particular,
it has pointed out that very different national policies apply
to bio-waste management within the Community, and that consideration
should be given to whether national action is sufficient, or Community
action is needed. It therefore sought in December 2005 to explore
in a Thematic Strategy[151]
the various issues which arise, and this was followed in December
2006 by a Green Paper.[152]
In the light of responses to that latter document, it has now
produced this Communication, which seeks to draw conclusions,
lays out recommendations on the steps needed to reap the full
benefits of proper bio-waste management, and describes the main
potential courses of action at the different levels (and how to
implement them).
The current document
37.2 The Commission observes that between 118 and 138 million
tonnes of bio-waste is produced within the EU each year, of which
about 88 million tonnes is municipal waste. It notes that the
waste management options available include separate collection,
biological treatment (including anaerobic digestion and composting),
mechanical-biological treatment, incineration and landfill, with
the environmental and economic implications of each depending
on local conditions. Within this framework, it notes the three
main approaches adopted by Member States — heavy reliance
on incineration of waste diverted from landfill, accompanied by
a high level of material recovery and biological treatment; high
material recovery rates accompanied by composting and mechanical-biological
treatment, but relatively low incineration; and reliance on landfill,
particularly in a number of the new Member States. It also points
out that on average 40% of bio-waste within the EU is still landfilled
(with consequential environmental risks such as emissions of greenhouse
gases and pollution of soil and water), and that this contravenes
the guiding principles of EU waste and sustainable resource management
policy, notably the "waste hierarchy", which identifies
prevention as the best option, followed by re-use, recycling and
energy recovery.
37.3 The Commission goes on to review the Community
legal instruments relating to the treatment of bio-waste. In addition
to the general requirements laid down in the Waste Framework Directive
(2008/98/EC), these include the Landfill Directive (1999/31/EC)
which requires the level of biodegradable bio-waste from municipal
landfills to be progressively reduced by 2016 to 35% of that in
1995. It goes on to point out that, if the recycling and recovery
of bio-waste were to be maximised, this could:
- save up to 60% of the food
waste generated by households;
- avoid about 10 million tonnes of carbon dioxide-equivalent
emissions, representing a 4% contribution to the EU's target of
reducing emissions from sectors not covered by the Emissions Trading
Scheme by 10% in 2020 compared with 2005;
- contribute, through the resultant production
of bio-gas, about one-third of the EU's target for the use of
renewable energy in transport;
- increase the market for compost by a factor of
2.6, to reach about 28 million tonnes;
- produce resource savings by substituting 8-10%
of phosphate, potassium and lime fertilizers with compost; and
- improve 3-7% of depleted agricultural soils in
the EU with compost.
It notes that these are in part alternative solutions,
but that there are certain synergies, and it says that its analysis
confirmed that the current EU policy framework provides significant
and cost-effective opportunities for improved bio-waste saving,
with the most important of these being the avoidance of greenhouse
gas emissions, followed by the production of good quality compost
and bio-gas. It also suggests that a better alignment of bio-waste
management with the waste hierarchy and other provisions of the
Waste Framework Directive would produce environmental and health
benefits of between €1.5 and 7 billion.
INITIATIVES AT EU LEVEL
37.4 The remainder of the Communication sets out
a number of actions which could be taken to optimise bio-waste
management. It says that, whilst Member States should be given
a wide level of discretion in choosing the measures best suited
for their own circumstances, initiatives at EU level will help
to accelerate progress and ensure a level playing field. It therefore
proposes to take the following steps:
— Prevention
of bio-waste
The Commission notes that, under the Waste Framework
Directive, Member States are obliged to develop national waste
management plans in line with the waste hierarchy, and must also
develop national waste prevention plans by 2013, with benchmarks
to measure progress. However, it says that, in the vast majority
of Member States, no clear and measurable steps have been taken
to increase bio-waste, due partly to lack of clear guidance, and
that, although the impact of binding EU prevention targets cannot
yet be assessed, it could itself adopt indicators under the Comitology
procedure. It adds that this could be supported by specific guidance
on bio-waste prevention, whilst work continues towards developing
a set of indicators for future EU-level waste prevention targets.
— Treatment
of bio-waste
The Commission says that, where bio-waste cannot
be prevented, Member States should choose the best management
options according to their circumstances, and that a number of
them have already reduced, or are expected to dramatically reduce,
landfilling and increase treatment. However, it also believes
that, without further incentives, some Member States will in the
foreseeable future be unable to take significant steps towards
composting and bio-gas production, despite the significant potential
benefits. It recognises that, due to different conditions, further
work is needed, notably from a subsidiarity perspective, before
considering whether to move towards an EU target for biological
treatment, and it says that it will attempt to conclude whether
such a target could be set by 2014, though it adds that this would
probably have to be accompanied by enhanced separate collection.
— Soil
protection
The Commission suggests that compost and digestate
from bio-waste are under-used materials, often because of a lack
of end-user confidence, and that their use should be regulated
so as to avoid adverse effects on soils. It considers that standards
for compost and digestate should be established to enable their
free circulation and to allow their use without further monitoring,
and it is therefore considering the technical basis for such a
proposal. It also notes that not all biologically treated waste
will comply with the highest standards, but that these materials
could nevertheless be valuable if applied in a safe manner, and
that, although full harmonisation across the EU would not be feasible,
minimum rules could be set as a safety net.
— Research
and innovation
The Commission notes the importance of research and
innovation in developing new technologies, and that the Seventh
Framework Programme (2007-13) contains a number of relevant themes.
— Full
implementation of existing measures
The Commission says that, although existing legislation
provides an excellent basis for bio-waste management, it needs
to be properly implemented, and that it therefore intends —
in parallel with Member States — to reinforce its efforts
in this area, together with preparing guidelines on the application
of life-cycle thinking and assessment in the waste sector. It
identifies the diversion targets in the Landfill Directive as
being one of its top priorities, and says that a number of steps
can be taken, including a close monitoring of attainment levels,
and in-depth analysis of Member States' strategies for biodegradable
waste management, and European financial support through regional
policies.
ACTION TO BE TAKEN BY MEMBER STATES
37.5 The Commission also suggest that the following
actions can be taken by Member States:
— Waste
management via the "waste hierarchy"
The Commission says that, subject to specific local
conditions, Member States should implement the provisions of the
Waste Framework Directive and properly apply the "waste hierarchy".
It notes that this approach will become legally binding on 12
December 2010, and will make a significant contribution to optimised
bio-waste management.
— Prevention
of bio-waste
The Commission suggests that, in line with the "waste
hierarchy", prevention should be increased, making best use
of waste prevention programmes, national benchmarks, monitoring,
assessment and periodical reporting, and it says that it could
provide assistance by creating a framework for such activities.
— Promotion
of separate collection and biological treatment of bio-waste
The Commission believes that composting and anaerobic
digestion present the best option for unpreventable bio-waste,
with a good quality of input being an important pre-condition,
which could in the majority of cases be best achieved by separate
collection. It recommends that Member States should introduce
separate collection systems as a matter of priority, whilst recognising
that such systems will differ, depending upon the types of waste
collected and the availability of treatment options.
— Protecting
soils
The Commission says that it is proposing minimum
standards for the use of compost and digestate in agriculture
by means of a revision of the Sewage Sludge Directive, which would
likely be equal to, or less stringent than, the national rules
already in place in some Member States, thus minimising the need
to re-adjustment.
— Compost
The Commission says that Member States should promote
the production and use of compost from separately collected bio-waste,
and proactively support its wide take-up by end-users, in order
to improve resource efficiency and maintain soil quality.
— Zero
landfilling
The Commission notes that zero landfilling has been
achieved by some Member States, and that all Member States should
aim for this as soon as possible in the case of untreated bio-waste.
It adds that, in seeking to minimise landfilling, other options
higher in the waste hierarchy can contribute, including energy
efficient incineration, provided over-investment does not have
the effect of limiting subsequent biological treatment or prevention.
— Producing
energy from wastes
The Commission notes that decarbonisation of the
energy sector is one of the main challenges for the EU, and that
Member States should bear in mind the role of bio-waste conversion
to electricity, heat or transport fuels when considering measures
to meet their renewable energy targets.
The Government's view
37.6 In his Explanatory Memorandum of 14 June 2010,
the Parliamentary Under-Secretary at the Department for Environment,
Food & Rural Affairs (Lord Henley) says that the Government
welcomes this analysis, and, as it does not believe that any further
legislative measures are needed in this area, it agrees with the
Commission that there are no policy gaps at EU level which could
prevent Member States from taking appropriate action. It is also
content with the approach taken at this stage on subsidiarity,
although it says that there could be issues if the Commission
were to bring forward actual proposals introducing EU targets
on waste prevention or on the biological treatment of bio-waste.
37.7 As regards individual aspects of the Communication,
he says that the UK:
- would welcome guidance on bio-waste
prevention in relation to the national plans required under the
Waste Framework Directive, which will provide clarity and help
to share good practice: but it is not convinced that EU bio-waste
prevention targets would be beneficial, and therefore welcomes
the Commission's intention to continue to assess their appropriateness;
- is not convinced of the benefits of an EU target
on the biological treatment of bio-waste, and, since it believes
that the main need is for proper enforcement of existing measures
(and in particular the Landfill Directive), it welcomes the emphasis
which the Commission has put on this;
- supports the general principle of "end-of-waste"
criteria, but in the case of composts and digestates, believes
that national standards relating to their use are more appropriate;
and
- welcomes the suggestions made by the Commission
regarding the actions to be taken by Member States, and fully
intends to apply the "waste hierarchy" properly in its
bio-waste management planning: in particular, it will look to
promote the separate collection[153]
of bio-waste where this is economically, environmentally and technical
appropriate, and in the meantime it has implemented the diversion
targets in the Landfill Directive and is promoting energy from
waste in line with the Renewable Energy Directive.
37.8 The Minister says that the Communication was
presented briefly at the Environment Council on 11 June. He adds
that the Commission plans to produce an Impact Assessment by the
end of the year in relation to the introduction of minimum rules
for compost and digestate produced from bio-waste which does not
meet "end-of-waste" criteria, but has given no indication
of when it expects to conclude its other investigations and analysis.
Conclusion
37.9 The issue of bio-waste management was dealt
with at some length by our predecessors in their Report of 29
April 2009 on the Commission's Green Paper, and to the extent
that this Communication takes the issues involved a stage further,
we too think it right to draw it to the attention of the House.
Having said that, the document does not raise any new, or major,
concerns, although, as the Government has pointed out, should
the Commission eventually come forward with any proposals for
setting EU-wide targets for the prevention of bio-waste or for
its treatment or separate collection, it will be necessary to
consider the subsidiarity implications. In the meantime, we are
clearing the current document.
151 (27143) 5047/06: see HC 34-xviii (2005-06), chapter
7 (8 February 2006). Back
152
(30311) 17559/08: see HC 19-xv (2008-09), chapter 7 (29 April
2009). Back
153
The devolved administrations in Scotland and Wales would see some
merit in EU targets in this area. Back
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