Message 002
Communication from the Commission - TRIS/(2016) 02979
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2016/0514/D
No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.
(MSG: 201602979.EN)
1. MSG 002 IND 2016 0514 D EN 26-09-2016 D NOTIF
2. D
3A. Bundesministerium für Wirtschaft und Energie, Referat E B 2, 11019 Berlin,
Tel.: 0049-30-2014-6353, Fax: 0049-30-2014-5379, E-Mail: infonorm@bmwi.bund.de
3B. Bundesministerium für Umwelt, Naturschutz, Bau und Reaktorsicherheit,
Referat WR II 4, Postfach 12 06 29, 53048 Bonn
Tel.: +49-22899-305-2583, +49-22899-305-2582; Fax: +49-22899-305-2398, E-Mail: WRII4@bmub.bund.de
4. 2016/0514/D - B30
5. Ordinance reorganising sewage sludge recovery (Sewage Sludge Ordinance)
6. The draft Ordinance concerns the recovery of sewage sludge from primarily municipal waste water treatment plants falling within the scope of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3). Moreover, as regards the sub-area of the recovery of sewage sludge on land used for agricultural purposes, the Ordinance transposes Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (OJ L 181, 4.7.1986, p. 6).
7. -
8. The planned amendment of the Sewage Sludge Ordinance will initiate a reorientation of the recovery of sewage sludge, sewage sludge mixtures and sewage sludge composts in Germany. The Sewage Sludge Ordinance governs the recovery of sewage sludge primarily from municipal waste water treatment plants, with the aim of returning the important components of sewage sludge (phosphorus) to the economic cycle more extensively than was previously the case and, at the same time, significantly limiting conventional soil-related sewage sludge recovery for the purpose of further reducing the release of pollutants into the soil. By way of a key element, the Ordinance makes provision for extensive regulations concerning the recovery of phosphorus from sewage sludge which shall apply to operators of waste water treatment plants, sewage sludge incineration facilities and sewage sludge co-incineration facilities, following the end of a transitional period lasting several years and which essentially cover the following areas:
-- The obligation of the operator of a waste water treatment plant to recover phosphorus from sewage sludge with a phosphorus content of 20 g or more per kilogram of dry matter. To this end, a method shall be applied which reduces the phosphorus content of the sewage sludge by at least 50 %.
-- In place of immediate phosphorus recovery from sewage sludge: a permitted release of the sewage sludge for pretreatment in a sewage sludge incineration facility or a sewage sludge co-incineration facility, provided the plant operator either supplies the resulting incineration ash or carbon-containing residue for phosphorus recovery or recycling while using the phosphorus content of the incineration ash or the carbon-containing residue. The obligation concerning the recovery of phosphorus must be met irrespective of the phosphorus content of the pretreated sewage sludge.
-- The admissibility of separate storage of the incineration ash and the carbon-containing residues if these materials are supplied for subsequent phosphorus recovery.
-- Detailed obligations to furnish proof regarding the recovery of phosphorus undertaken and the recycling of incineration ash and carbon-containing residues, as well as the storage thereof.
As regards a soil-related recovery of sewage sludge, producers and manufacturers of mixtures and composts who manufacture and recover a sewage sludge mixture or a sewage sludge compost must observe the following provisions in particular:
-- Extension of the area of application of the Ordinance to also include a recovery of sewage sludge, sewage sludge mixtures and sewage sludge composts in the case of landscaping measures.
-- Harmonisation of the requirements in terms of the maximum pollutant contents with the provisions of the Fertiliser Ordinance, as well as the tightening of existing pollutant parameters and the inclusion of additional ones.
-- Harmonisation of the requirements in terms of the maximum heavy metal contents in soils on which sewage sludge is to be applied with the provisions under the Federal Soil Protection and Contaminated Sites Ordinance and the Biowaste Ordinance.
-- Requirements in terms of voluntary quality assurance, especially concerning the quality assurance agency, the quality mark owner, the experts and the independent committee in the case of the quality assurance agency, as well as the issuance of the quality mark.
-- Extended provisions relating to a ban concerning the recovery of sewage sludge, sewage sludge mixtures and sewage sludge composts on soils which are to be classified as sensitive from the point of view of epidemic hygiene and phyto-hygienic concerns.
-- Restricting the soil-related recovery of sewage sludge from waste water treatment plants with a design capacity of the equivalent of up to 50 000 inhabitants following the end of a transitional period lasting several years.
Finally, the Ordinance includes regulations concerning administrative fines, transitional provisions and provisions concerning differentiated entry into force and abrogation. Essentially, the following scheduling is envisaged regarding the entry into force of the amended Sewage Sludge Ordinance:
The provisions concerning soil-related sewage sludge recovery pursuant to Article 1 of the Ordinance shall enter into force following promulgation of the Ordinance. The provisions regarding the recovery of phosphorus from sewage sludge and sewage sludge incineration ash shall only become effective after a transitional period of 12 or 15 years following the entry into force of Article 1 of the Ordinance.
9. In transposition of the EU Waste Framework Directive (Directive 2008/98/EC), the Act promoting closed substance cycle waste management and ensuring the environmentally sound management of waste (Closed Substance Cycle Waste Management Act) of 24 February 2012 has reoriented German waste legislation in a wide variety of ways. The new provisions not only ensure preservation of the environment, but are significantly more tailored to climate protection and resource conservation than was previously the case. To this end, a number of key legal concepts are redefined and new principles of law introduced through the five-tier waste hierarchy in particular. In light of this, the legal provisions of the Closed Substance Cycle Waste Management Act, in particular the five-tier waste hierarchy, require substantiation with regard to individual waste streams in the form of regulations or administrative provisions in order to ensure legal certainty and security of investment in the enforcement of the Act. The Ordinance serves this purpose for the sewage sludge sector.
The current Sewage Sludge Ordinance of 15 April 1992 (Federal Law Gazette I, p. 912) which, at that time, was still adopted on the basis of the Waste Management Act of 27 August 1986 (Federal Law Gazette I, pp. 1410, 1501), is still based on the legal concepts, principles and basic obligations of the legal position applicable at that time. In particular, the Ordinance still makes provision for emission limit values as regards soil-related sewage sludge recovery for fertiliser purposes which no longer satisfy the objectives of sustainable environmental protection. At the heart of this draft amendment of the Sewage Sludge Ordinance, however, is the introduction of the obligation to recover phosphorus from sewage sludge with the aim of returning the important components of sewage sludge (phosphorus) to the economic cycle more extensively than was previously the case and, at the same time, significantly limiting conventional soil-related sewage sludge recovery. In future, the obligation to recover phosphorus, which will become effective following a transitional period lasting several years, shall also cover the sewage sludge hitherto supplied for incineration, in which connection the phosphorus bound in the sewage sludge is generally lost. Moreover, as a result of the more stringent requirements in terms of the soil-related recovery of sewage sludge from smaller waste water treatment plants, which will still be permitted in future, the release of pollutants into the soil will tend to be reduced further.
By means of this Sewage Sludge Ordinance, the almost 25 year-old provisions are to be adapted in line with the provisions of Directive 2008/98/EC and the new Closed Substance Cycle Waste Management Act, in particular the five-tier waste hierarchy which is enshrined in both regulations. Hence, Article 4(1) of Directive 2008/98/EC obliges the Member States to expressly apply the waste hierarchy as a priority order in legislation and policy. In accordance with Article 4(2) of Directive 2008/98/EC, when applying the waste hierarchy, Member States must take measures to encourage the options that deliver the best overall environmental outcome. These provisions under EU law are to be implemented through this draft.
Given its crucial importance, phosphorus is a vital resource, but one which is only available in limited quantities. A significant proportion is used for fertiliser purposes in agriculture as well as in a wide variety of industrial processes. In view of the anticipated significant rise worldwide in the demand for phosphorus, despite the verified sources of phosphorus (rock phosphates), strategies and measures aimed at safeguarding the supply of phosphorus and promoting the recovery thereof are being addressed globally. In the meantime, phosphorus (phosphate rock) has been classified by the European Commission as a ‘critical raw material’ (European Commission, On the review of the list of critical raw materials for the EU and the implementation of the Raw Materials Initiative, Brussels, 26 May 2014, COM (2014) 297 final).
10. Reference(s) to basic text(s): The current Sewage Sludge Ordinance of 15 April 1992 is to be reworded by means of this draft amending the Sewage Sludge Ordinance:
Current Sewage Sludge Ordinance: http://www.gesetze-im-internet.de/bundesrecht/abfkl_rv_1992/gesamt.pdf
11. No
12. -
13. No
14. No
15. pp. 2-4
16. TBT aspect
No - the draft has no significant impact on international trade.
SPS aspect
No - the draft is neither a sanitary nor phytosanitary measure.
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European Commission
Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir83-189-central@ec.europa.eu
