The Commission Delegated Regulation (EU) 2023/1605 of 22 May 2023 supplementing Regulation (EC) No 1069/2009 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 has been published.
With the publication of Regulation (EU) 2023/1605 the end point in the manufacturing chain for compost and digestate has been determined beyond which they are no longer subject to the Animal By-Products Regulation (ABPR) (EU 1069/2009), provided that they are used as component materials in EU fertilising products in accordance with the EU Fertilising Products Regulation (FPR) (EU 2019/1009). The delegated regulation refers to the provision in Annex V to Regulation (EU) No 142/2011 where the standard transformation parameters for processing animal by-products in composting and biogas plants are laid down. The delegated regulation on the end point in the manufacturing chain for ABP-derived materials does not allow any derogations, like validated authorised alternative transformation parameters as laid down in Annex V Chapter III Section 2 Point 4. As a result of this, ABP-derived food waste materials can be only treated in composting and anaerobic digestion plants according to the standard transformation parameters at 70 °C for at least 1 hour with a maximum particle size of 12 mm. Contrary to the FPR, the ABPR allows operators to place compost and digestate on the market which have been produced according to parameters that have been authorised and validated by the competent authority. Unfortunately, ECN’s feedback about the legislative inconsistency was refused during the consultation phase of the delegated regulation.
Due to the fact that the end point in the manufacturing chain of animal by-products has to be reached and as long as no alternative time-temperatures as standard transformation parameters are laid down in the Regulation (EU) 142/2011 no compost and digestate materials coming from ABP-derived food-waste will be placed as CE marked fertilising products on the EU market.
The delegated act can be accessed here.