The EU Regulation amending the Animal By-Products Regulations to allow use of certain ABPs in CE-Mark fertilising products is now published. This establishes ‘End Points’ under the Animal By-Products Regulations for a number of ABP materials for use in fertilising products without traceability (the EU Fertilising Products Regulations FPR provide CE-Mark fertilisers with ‘End-of-Waste’ and product status), whereas currently these materials can be authorised for use under national fertilisers regulations but only subject to traceability.
The published amending Regulation is essentially as proposed to public consultation in October 2022 (see ESPP eNews n°70) and covers, under specified conditions:
- Cat2 and Cat3 ABP ashes
- Biogas digestates
- “Processed” manure and insect frass (“processed” as defined in the ABP Regulations)
- Certain (as specified) Cat3 materials, glycerine, processed animal protein, meat and bone meal, blood, hoof, horn products
It is ESPP’s understanding that:
- the inclusion of these materials into the EU Fertilising Products Regulation CMC10 requires also modification by a Commission Delegated Regulation of the EU FPR and this is delayed to at least end 2023 for “Processed Manure and at least end 2024 for the other ABPs cited, because of environmental safety assessments are legally required. These are being launched (see EU tender see below)
- nonetheless, manure (and other specified Cat. 2 and 3 ABPs) are now already today, following publication of the ABP amending Regulation on 8th August and subject to the processing criteria specified in this Regulation, authorised as input materials to EU fertilising product composts, digestates, precipitated phosphates, ash-based materials and pyrolysis materials (CMCs 3, 5, 12, 13, 14). ESPP will ask that this be clarified in the EU Commission’s FPR Frequently Asked Questions document.
European Commission Delegated Regulation 2023/1065 of 22 May 2023 published in the EU Official Journal 8th August 2023 “supplementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council as regards the determination of end points in the manufacturing chain of certain organic fertilisers and soil improvers” https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2023.198.01.0001.01.ENG