legislative regulations of digestate use - eric liegeois
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Working document - does not represent consolidated views of the Commission
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A possible EU regulatory framework for Digestates:
Fertilisers, EoW criteria, Animal By-products, REACH,…
Conference of the European Biogas Association, Egmont aan Zee (NL)
1 October 2014
Eric LIEGEOIS Team Leader DG Enterprise and Industry – Unit F.2
Working document - does not represent consolidated views of the Commission
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Which hurdles need to be crossed to put digestates on the market as fertilising materials?
From the digestor… To an EC fertiliser
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Leaving the "waste" status….
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EU End-of-waste criteria for composts and digestates
• DG JRC report released in February 2014 • DG ENV to approve the EoW criteria?? • DG ENTR to integrate into Fertilisers
Regulation??
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Becoming a product …hence subject to REACH as chemical….
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Status of digestates under REACH
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• A material reaching EoW status should be in principle subject to the REACH Regulation
• Supplier must provide their customers with information allowing the material to be used safely
• Certain materials could be subject to prior authorisation or restriction of use
• Recovered materials exempted from REACH registration if • the substance(s) have already been registered
("sameness principle") and the operator has access to existing data, or
• materials are listed in Annex V (e.g. composts)
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Leaving the "unprocessed animal by-products" status….
If manure as feedstock
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Status of digestates under ABPR
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• Animal by-products Regs. provide for processing conditions for materials to be considered as being processed (art.32) before placing on the market = "sanitation" (e.g. "pasteurization" or any equivalent recognised method).
• Under discussion: to enforce compulsory measurement of the actual level of pathogens at the end of the digestion process in order to certify that a digestate has left "the unprocessed ABP status" and can be used as fertilising materials.
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From "non-waste", "processed ABP" status to fertilising materials
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DG ENTR approach to help digestates reaching the market as fertilisers
3 main reasons: (1) P= critical, (2) N-fertilisers = societal challenges, (3) create business: • Create dynamic market place for all fertilising materials • Meet reasonable user expectations for fertilising materials deriving
from waste: • Including legal requirements to allow use of waste materials for
fertilising materials production • Requiring third party examination and frequent controls of the
compliance of the products to the provisions of the Fertilisers Regulation
• Technologically neutral 10
Scope of the future revised Fertilisers Regulation
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DG ENTR approach to help digestates reaching the market as EC fertilisers
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Working document - does not represent consolidated views of
the Commission !!!!!
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Marketing EU fertilisers deriving from waste: 2 steps
• Compliance to legal requirements allowing use of processed waste materials as input materials for manufacturing fertilising materials (e.g. compost, digestate) set out in the Annexes of the Fertilisers Regulation
• Compliance of the final fertilising material to the essential safety, quality and labelling requirements specific to its relevant category • Compost and digestate recognised as organic fertiliser or
soil improver 13
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Marketing EU fertilisers deriving from waste (2)
• STEP 1: Legal requirements for the waste material to be considered as acceptable input materials in the FR : • Make use of JRC conclusions for composts and digestates
• List of input materials • General requirements on treatment processes and techniques • Specific list of contaminants (medicinal products,…) not
covered by the essential safety criteria for products • Exclude wastes complying with these "legal requirements"
from the scope of the WFD (="non-waste status") • Specify the certification procedure for waste deriving products
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Marketing EU fertilisers deriving from waste (3) STEP 1 : • We have the knowledge (through JRC report) for composts and digestates, so we can propose it • For the "others"waste-derived products: to be developped by JRC :
• P recovery as a mineral form (struvite, ammonium sulfate from digestion process, …)
• Biochar • Concentration of P from biomass and direct use
in agriculture and P recovery after incineration (ashes)
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Working document - does not represent consolidated views of the Commission
Marketing EU fertilisers deriving from waste (3)
STEP 2 • Verification of the compliance of the end products to the essential safety, quality and labelling criteria by the producer • Third party verification of the compliance of the products • Conformity assessment procedure defined in Decision (CE) N° 768/2008
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Some exceptions to the full market harmonisation goal :
National measures
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National measures on products: scenario 1
• Products not covered by the EU Regulation could remain on the national market as non-waste (e.g. struvite) until legal requirements are developed for such products provided that: • "National EoW" or any equivalent measure (also a national
fertiliser Regulation) shall be notified to the COM, or • Existing National EoW procedure applies, and • The marketing of such products is limited to the national
territory, and to other MS if accepted through Mutual Recognition
• Otherwise, it remains a waste and the waste legislation applies
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National measures on products: scenario 2
• When a waste is not mentioned in the EU positive list of acceptable input material for the production of a defined product, it could still be used as input material for the production of that product provided that: • Legal requirements pointing to National product standards apply • The marketing of such products is limited to the national
territory and to other MS if accepted through Mutual Recognition Examples: digested and composted sewage sludge
• Otherwise, it remains a waste and the waste legislation applies
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Working document - does not represent consolidated views of the Commission
Conclusions An ideal regulatory framework (under preparation) shall aim at the following combination of regulations at EC level: • Fertilisers Regulation will outline rules to determine which input
materials can be considered as acceptable when deriving from waste streams such as composted and digested wastes: the Regulation will be providing legal requirements and procedures
• Fertilisers Regulation will harmonise as much as possible conditions for placing fertilising materials on the market when they derive from these acceptable input materials
• Animal by-products Regulation should be amended to determine conditions and procedures to leave the "unprocessed ABP status"
• REACH registration exemption shall be extended to digestates 20
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Cutting some red tape to help digestates to be marketed as safe and reliable fertilising materials ! From the digestor… To an EC fertiliser
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Thank you for your attention !
European Commission DG Entreprise and Industry Unit F2 - Chemicals Industry Unit F.2
eric.liegeois@ec.europa.eu
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