Verordnung über die Entsorgung von Altholz
|Departement of Trade and Industry - Stan dards and Technical Regulations - Dir 2
Mrs Brenda O'Grady
EFTA Surveillance Authority
Ms Solveig Georgsdottir
Mr E. Melagrakis
European Free Trade Association
Ms Kathleen Byrne
Mr Petri Kuurma
Fru Kerstin Carlsson
Min. of Industry, Energy & Technology
Mr K. Polychronidis
Ministerie van Financien Belastingsdienst - Douane / CDIU
De Heer IJ.G. van der Heiden
Mr Tony Losty
Représentation Permanente de l'Irlande
Représentation Permanente du Royaume-Uni
Communication from the Commission - SG(2001) D/52365
Translation of the message 001
1. Strukturierte Informationszeile
MSG 002 IND 2001 0450 D EN 01-02-2002 31-10-2001 D NOTIF 01-02-2002
3. Verantwortliches Ministerium
Bundesministerium für Wirtschaft und Technologie, Referat V D 2, 11019
Tel.: 0049-30-2014-6353, Fax: 0049-30-2014-5379
3. Zuständige Stelle
Bundesministerium für Umwelt, Naturschutz und Reaktorsicherheit,
PG Altholz, Postfach 12 06 29, 53048 Bonn
2001/450/D - S00E
Order on the disposal of waste wood
6. Products Concerned
The draft Order relates to the disposal of waste wood. The term 'waste wood' covers both industrial wood (production-related) and used wood (product-related), in as far as this is accumulated as waste and, in the case of composite products, the proportion of wood is greater than 50 percent by mass. Waste wood occurs in various forms, composites and quantities. These include, for example, wood and derived timber residues from wood working and manufacture as well as used wood products such as furniture, wooden packaging arising from waste from the construction industry.
7. Notifizierung nach einem anderen Rechtsakt
There is no notification obligation under any other Community act. The derogations from the existing German legal provisions relating to chemicals with regard to PCB and PCP contained in Articles 2 and 3, which are intended to enable the marketing and use of waste wood for the purpose of recovery in accordance with the provisions of the new Waste Wood Order (Article 1 of the Order), also require no approval under Article 95 EC, taking into account the regulations regarding these substances in Directive 76/769/EEC.
The regulation regarding PCB only relates to the non-harmonised area, as the corresponding provisions of the Directive contain no regulations relating either to substances contaminated with PCB (here: wood chippings) nor to products (here: derived timber products and other products made therefrom). The derogation concerning PCP-containing wood chippings merely relates to a more extensive prohibitory regulation in German law approved by the Commission in accordance with Article 100 a paragraph 4 of the EC Treaty, whereby the level of protection with regard to the regulations of the new Waste Wood Order relating to recovery remain unchanged as regards content (the limit value of 3 ppm laid down in these regulations under waste law - based on the total mass of wood - corresponds to the limit value of 5 ppm under chemicals law, approved at the time it was laid down, which relates to the surface of the wood).
The Waste Wood Order lays down more detailed requirements pertaining to the material and energy recovery as well as the disposal of waste wood on the basis of the Waste Recovery and Recycling Act. At the same time, these requirements are harmonised with the provisions of the law relating to chemicals and hazardous substances, which must also be taken into consideration in the disposal of waste wood. The central aim of the Order is to ensure the proper and safe recovery of waste wood. The scope of the Order covers the methods of recovery of waste wood currently in use in the industry. The recovery methods for waste wood within the meaning of this Order are the processing of waste wood to chippings for the manufacture of derived timber products, the production of synthetic gas for the manufacture of methanol, the manufacture of active carbon/industrial charcoal as well as any type of energy recovery from waste wood. Other types of recovery are not covered by the Waste Wood Order, but neither are they excluded. The Waste Wood Order attaches particular importance to the laying down of requirements for the processing of waste wood for the manufacture of derived timber products, as the processed waste wood is ultimately integrated, via derived timber products such as chipboard, into commodities such as furniture. In light of this, mandatory limit values for harmful substances are laid down for the chippings made from waste wood. The control of contamination from harmful substances forms part of a comprehensive quality control procedure carried out by the manufacturer, which is supplemented by an independent inspection to be carried out quarterly as well as by obligations to provide documentation and proof. Thermal treatment is mandatory in the case of the disposal of waste wood.
9. Kurze Begründung
The Waste Wood Order is regarded as a pilot project for material-related regulations with a view to putting the requirements pertaining to the safe recovery of wastes into a more concrete form. There are at present no uniform EU requirements for the disposal of waste wood. The requirements pertaining to the environmentally sound disposal of waste wood are determined in accordance with the laws of the individual Member States. In this regard, the Order is intended to lay down national environmentally sound standards for the disposal of waste wood.
10. Bezugsdokumente - Grundlagentexte
a. Waste Recovery and Recycling Act of 27 September 1994 (Federal Law Gazette I p. 2705), most recently amended by Article 4 of the Act of 9 September 2001 (Federal Law Gazette I p. 2331);
PCB/PCT Waste Order of 26 June 2000 (Federal Law Gazette I p. 932);
Draft Waste List Order (As at: 26 September 2001);
Order on the furnishing of proof of 10 September 1996(Federal Law Gazette I p. 1382; 1997 I p. 2860);
Order on specialised waste disposal of 10 September 1996 (Federal Law Gazette I p. 1421), most recently amended by Article 6 of the Act of 9 September 2001 (Federal Law Gazette I p. 2331);
Federal law for the protection against emissions in the version published
on 14 May 1990 (Federal Law Gazette I p. 880), most recently amended by Article 1 of the Act of 9 September 2001 (Federal Law Gazette I p. 2331);
Order on small and medium-sized firing installations in the version published on 14 March 1997 (Federal Law Gazette I p. 490), most recently amended by Article 3 of the Act of 27 July 2001 (Federal Law Gazette I p. 1950).
Order on installations requiring approval in the version published on 14 March 1997 (Federal Law Gazette I p. 504), most recently amended by Article 4 of the Act of 27 July 2001 (Federal Law Gazette I p. 1950);
Order on large firing installations of 22 June 1983 (Federal Law Gazette I
p. 719), most recently amended by Article 6 of the Act of 3 May 2000 (Federal Law Gazette I p. 632);
Order on incineration plants for wastes and similar combustible materials
of 23 November 1990 (Federal Law Gazette I p. 2545; I p. 2832), most recently amended by Article 6 of the Act of 27 July 2001 (Federal Law Gazette I p. 1950);
Technical guidelines for maintaining clean air of 27 February 1986 (Joint Ministerial Gazette 95, 202);
Chemicals Act in the version published on 25 July 1994 (Federal Law Gazette I p. 1703), most recently amended by Article 13 of the Act of 9 September 2001 (Federal Law Gazette I p. 2331).
Order banning certain chemicals in the version published
on 19 July 1996 (Federal Law Gazette I p. 1151), most recently amended by Article 2 of the Order of 26 June 2000 (Federal Law Gazette I p. 932);
Hazardous Substances Order in the version published on 15 November 1999 (Federal Law Gazette I p. 2233; 2000 I p. 739), most recently amended by Article 2 Section 38 of the Act of 20 July 2000 (Federal Law Gazette I p. 1045).
c. As already stated under point 8, limit values are laid down in Article 1 of the Waste Wood Order for wood chippings intended for material recovery (manufacture of e.g. chipboard and furniture) relating to the content of certain hazardous substances (e.g. heavy metals, PCP, PCB). Wood chippings which exceed the limit values set out in Annex II (regarding Section 3 paragraph 1) to the Waste Wood Order may not therefore be used for the manufacture of derived timber products. This restriction on use is intended both to create as little pollution from hazardous substances as possible for the consumer (e.g. furniture with a low pollutant content) and to achieve the removal of these pollutants from economic circulation.
The environmentally sound removal of pollutants from economic circulation in the case of energy recovery is intended to be achieved by only permitting the incineration of waste wood to be carried out in certain firing installations, depending on its pollution potential.
The negative effects of the abovementioned pollutants on human health and the environment are sufficiently well-known and have already been used as a basis for various Community regulations. It is therefore not necessary to present toxicological and ecotoxicological data for the evaluation of these substances.
Finally, it is pointed out that the environmentally sound standards for disposal laid down in the Waste Wood Order and the - associated - restrictions on use only apply at a national level. As there are as yet no uniform EU requirements for the disposal of waste wood, for the protection of the free movement of goods in accordance with Section 1(4)(2), the Order does not apply to the transnational shipment of waste wood.
11. Veranlassung des Dringlichkeitsverfahrens
12. Gründe für die Dringlichkeit
14. Steuerliche Maßnahmen
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