The revised ABPR, which sets out rules for the use and disposal of animal by-products that are not intended for human consumption, was adopted by the European Parliament in April 2009, and is expected to be ratified by the European Council in September or October 2009.
By revising the ABPR, the EU has said it aims to simplify regulations affecting animal by-products (ABPs) as well as taking a more risk-based approach to the categorisation of ABPs, without altering the basic principle of the original regulation, which was adopted in 2002.
While actual rules for implementing the revised Regulation Europe-wide are expected to be agreed during the 15 month period EU member states will then have to transpose the revised Regulation, Defra explained that it was seeking input on the draft implementing rules before discussions begin “in earnest” in the autumn.
Among the key issues the department is seeking comment on are:
• Conditions for validating composting and biogas facilities which, under the ABPR, are permitted to treat catering waste and 'Category 3' animal by-products, which includes food waste;
• Requirements for registration of certain ABP operators;
• Former foodstuffs;
• Potential uses of 'Category 1' materials (high-risk materials) such as outside feed and organic fertilisers;
• Incorporation requirements for organic fertilisers;
• Criteria for derogations applied to small quantities.
In a letter accompanying the informal consultation documents, Neil Leach, from Defra's food and farming team, told stakeholders that “it would be particularly helpful to have a clear indication of the most important areas for you, so we can prioritise these in negotiations.
“It would also be of benefit if you could include specific drafting suggestions, a brief justification for any proposals, and any assessment you feel able to make of the impact (both costs and benefits) to your sector of the rules as currently drafted and of your suggestions,” he added.
Proposals
The EU's plans to revise the original ABPR, which is implemented in England under the Animal By-Products Regulations 2005, were originally published in June 2008, with Defra launching a consultation on the proposals in November 2008 (see letsrecycle.com story).
During the consultation, concerns were raised within the organics sector over the impact that potentially banning some low-risk ABPs, including former foodstuffs, from landfill could have in light of a possible shortfall of other ABP compliant treatment capacity (see letsrecycle.com story).
Defra has said that responses to the informal consultation will feed into its own comments to the Commission on the draft implementing rules framework, which it must make by September 25.
It also said a formal consultation will take place later in 2009 on the legislation it plans to use to implement the revised ABPR in the UK.
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