The consultation, which is due to run until February 6 2009, is seeking responses to the European Commission's proposal to replace the existing regulation with one that does not alter its basic principle but would lessen unnecessary duplications and exemptions.
Replacement of the regulation – which currently lays down rules for the use and disposal of animal by-products not intended for human consumption – could alter rules governing used cooking oil for biodiesel production and plant approval procedures for composting firms.
Issued on June 10 2008, the European Commission consultation could also impact on members of groups such as the livestock and farming community, and the catering and food industry, in a bid to clarify the scope of regulations and reduce unnecessary burdens for operators.
Consultation
The proposed European Commission reform would see the introduction of controls on the use of catering waste for the manufacture of derived products, most noticeably, used cooking oil in biodiesel production.
In addition, the composting industry could be affected by a proposal to replace the need for plant approval under Animal By-Product Regulations (ABPR) currently permitted under other food, feed, or technical sector legislation with a registration process.
The consultation also seeks views on the plan to remove the reference to the Waste Incineration Directive (WID) from the ABPR, which would allow the provision of animal by-products such as tallow to be used in combustion.
Among other questions relating to diverse industries such as the comestics industry, pet food manufacturers sea-fish and shellfish industries, the consultation launched by Defra seeks to asses at what point animal by-products become ‘finished products' once treated or tested and would potentially allow companies handling only small amounts of ABP to operate outside of Regulation controls.
Reform
Since its introduction in 2003, concerns have been voiced over the APBR (see letsrecycle.com story) and a European Commission report in 2005 noted that despite “generally meeting its overall objectives” changes were needed to “update legislation and to provide legal certainty, simplify it and thus reduce administrative burden”.
Covering the use of animal by-products in feed or fertiliser, the Regulations currently lays down rules for the transformation of animal by-products through composting and biogas, their disposal via rendering and incineration, and prevents catering waste from being fed to livestock.
Defra stated that a summary of responses to the consultation, including the next steps, is likely to be published as soon as possible after the February deadline.
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