Commission Regulation (EU) 2017/1262Show full title

Commission Regulation (EU) 2017/1262

of 12 July 2017

amending Regulation (EU) No 142/2011 as regards the use of manure of farmed animals as a fuel in combustion plants

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to te Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation)(1), and in particular Article 15(1)(e) and Article 27(i) thereof,

Whereas:

(1) Commission Regulation (EU) No 142/2011(2), lays down rules implementing Regulation (EC) No 1069/2009 including parameters for the disposal of animal by-products as well as for safe treatment, transformation or processing of animal by-products into derived products.

(2) In accordance with Regulation (EC) No 1069/2009, combustion as defined in point 41 of Annex I to Regulation (EU) No 142/2011 is one of the processes to dispose of animal by-products, including manure.

(3) Article 6 of Regulation (EU) No 142/2011 provides for the rules for approval of combustion plants using animal by-products as a fuel. Its paragraph 8 should be amended accordingly to address the use of manure of any farmed animals as a fuel.

(4) Manure of farmed animals may present a sustainable source of fuel for combustion, provided the combustion process complies with specific requirements to efficiently reduce adverse effects of its use as a fuel on animal and public health and the environment. Commission Regulation (EU) No 592/2014(3) introduced requirements for the use of poultry manure as a fuel in combustion plants. It sets out general requirements for any plant using animal by-products or derived products as fuel and specific requirements for the type of fuel and the type of combustion plant. Manure of farmed animals of species other than poultry may now also be used as a fuel in combustion plants with a total rated thermal input not exceeding 50 MW, under the same conditions as set out for the combustion of poultry manure, including the emission limits and monitoring requirements.

(5) Operators of combustion plants using manure of farmed animals as fuel should take the necessary hygiene measures to prevent spread of possible pathogens. In this respect, such plants should comply with the general requirements for the use of animal by-products and derived products as a fuel as laid down in Chapter IV of Annex III to Regulation (EU) No 142/2011 and specific requirements for particular types of plants and fuels that may be used for combustion to be provided for by this Regulation.

(6) The combustion of manure of herbivores, due to its composition, produces higher emissions of particulate matter than the combustion of poultry manure. To address that problem, this Regulation should provide for more flexible emission limit values of particulate matter for very small combustion plants, in order to allow disposal of the manure which could not otherwise be disposed of as fuel for combustion.

(7) Similarly, this Regulation should allow the competent authorities to grant existing combustion plants a transitional period to comply with requirements on controlled temperature rising of the gas, provided that those emissions do not present risks to public and animal health or the environment. The animal by-products legislation does not prevent Member States from applying the relevant calculation rules for emission limit values, set out in the environmental legislation, when manure of farmed animals is combusted together with other fuels or waste.

(8) Annex XVI to Regulation (EU) No 142/2011 provides for specific requirements for official controls. Following the introduction of requirements for the combustion of manure of farmed animals as a fuel by this Regulation, those specific requirements should also apply with respect to that process.

(9) Annexes III and XVI to Regulation (EU) No 142/2011 should be amended accordingly.

(10) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 300, 14.11.2009, p. 1.

(2)

Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (OJ L 54, 26.2.2011, p. 1).

(3)

Commission Regulation (EU) No 592/2014 of 3 June 2014 amending Regulation (EU) No 142/2011 as regards the use of animal by-products and derived products as a fuel in combustion plants (OJ L 165, 4.6.2014, p. 33).