E2BEBIS Biochar Policy

Project title
ENVIRONMENTAL AND ECONOMIC BENEFITS FROM BIOCHAR

CLUSTERS IN THE CENTRAL AREA
project number
4CE53P3
BIOCHAR STATUS UNDER INTERNATIONAL LAW AND

REGULATORY ISSUES FOR THE PRACTICAL
APPLICATION
Author: VSB-Technical University of Ostrava,

Energy Research Center
CONTENT
1 INTRODUCTION........................................................................................................................................ 4
1.1 FEEDSTOCK ACQUISITION.............................................................................................................................. 6

1.2 BIOCHAR PRODUCTION ................................................................................................................................ 6
1.3 SUSTAINABILITY CERTIFICATION FOR BIOCHAR ................................................................................................... 7
2 LEGAL ASPECTS OF BIOCHAR APPLICATION.............................................................................................. 8

3 BIOCHAR AS A WASTE OR PRODUCTION RESIDUE ................................................................................. 10
3.1 EXAMPLE OF EVALUATION OF SLUGS AND DUST FROM IRON AND STEEL PRODUCTION.............................................. 13
3.2 ANALOGY WITH BIOCHAR ........................................................................................................................... 13
4 BIOCHAR AS A CARBON SEQUESTRATION METHOD ............................................................................... 14
5 BIOCHAR AS ENERGY PRODUCER ........................................................................................................... 15
6 BIOCHAR AS SOIL IMPROVER ................................................................................................................. 16
6.1 EUROPEAN BIOCHAR CERTIFICATE ................................................................................................................ 16

6.1.1 Feedstock......................................................................................................................................... 17
6.1.2 General requirements for biochar production records .................................................................... 17
6.1.3 Quality assurance and certification ................................................................................................. 18
6.2 INTERNATIONAL BIOCHAR INITIATIVE ............................................................................................................ 18
6.3 IBI VS. EBC DISCUSSION ............................................................................................................................ 18
7 BIOCHAR AS FERTILIZER ......................................................................................................................... 19
7.1 SITUATION OF THE MEMBER STATES NATIONAL FERTILISERS AND FERTILISING MATERIALS REGULATORY FRAMEWORKS .. 20
7.1.1 Registration of fertilizers ................................................................................................................. 21
7.1.2 Decision on fertilizer registration .................................................................................................... 22
7.1.3 Fertilizer application ........................................................................................................................ 23
7.2 THE APPLICATION OF THE MUTUAL RECOGNITION REGULATION TO BIOCHAR ........................................................ 26
7.2.1 The (intended) administrative decision must concern fertilisers and/or growing media lawfully
marketed in another Member State ............................................................................................................. 26
7.2.2 The (intended) administrative decision must be addressed to an economic operator.................... 26
7.2.3 The (intended) administrative decision must be based on a technical rule..................................... 27
7.2.3.1 Prior authorisation procedures .............................................................................................................. 27
7.2.3.2 ‘Positive lists’ for fertilisers and growing media ..................................................................................... 28
7.2.3.3 ‘Negative lists’ for fertilisers and growing media ................................................................................... 28
7.2.3.4 Language requirements for labelling ...................................................................................................... 28
7.2.4 The (intended) administrative decisions must prohibit the marketing of a fertiliser or growing
media lawfully marketed in another Member State .................................................................................... 28
7.2.5 Evaluation procedures and requests for information ...................................................................... 29
7.2.6 Tackling risks to health and environment ....................................................................................... 29
8 BIOCHAR IN THE SCOPE OF REACH REGULATION ................................................................................... 32
8.1 UNDERSTANDING REACH .......................................................................................................................... 33

8.2 REACH'S EFFECT ON COMPANIES ................................................................................................................ 33
8.3 SUBSTANCE IDENTITY................................................................................................................................. 34
8.4 HOW DOES REACH WORK? ....................................................................................................................... 34
8.4.1 Registration ..................................................................................................................................... 35
8.4.2 Evaluation........................................................................................................................................ 35
8.4.3 Authorisation ................................................................................................................................... 35
9 STATUS OF THE EU APPROVAL AGAINST BIOCHAR................................................................................. 36
9.1 EU FUNDED PROJECTS FOCUSED ON BIOCHAR UTILIZATION ................................................................................ 36
10 SUMMARY ............................................................................................................................................. 38
11 SUMMARY OF EU PROVISIONS RELEVANT TO BIOCHAR APPLICATION .................................................. 40

Abstract
Biochar has the potential to make a major contribution to the mitigation of climate
change, and enhancement of plant production. However, in order for biochar to fulfill this
promise, the industry and regulating bodies must take steps to manage potential
environmental threats and address negative perceptions. Biochar has a relatively long half‑life
in soil and can fundamentally alter soil properties, processes, and ecosystem services. The
prospect of global‑scale biochar application to soils highlights the importance of a
sophisticated and rigorous certification procedure. We propose that a sustainability framework
for biochar could be adapted from existing frameworks developer for bioenergy. Sustainable
land use policies, combined with effective regulation of biochar production facilities and
incentives for efficient utilization of energy, and improved knowledge of biochar impacts on
ecosystem health and productivity could provide a strong framework for the development of a
robust sustainable biochar industry. Sustainability certification could be introduced to provide
confidence to consumers that sustainable practices have been employed along the production
chain, particularly where biochar is traded internationally. The objective of this work was to
discuss the concept of integrating biochar properties with environmental and socioeconomic
factors, in a sustainable biochar certification procedure that optimizes complementarity and
compatibility between these factors over relevant time periods.
1 INTRODUCTION
Biochar is a fine-grained charcoal-like material, which is generated by heating biomass

in air-deprived conditions – this process is called pyrolysis. A feedstock for biochar
production can be purpose-grown biomass as well as the residual material from forestry or
agriculture. Chemical properties of carbon bound in the biomass are changed by the pyrolysis
into a form which is more resistant to microbial decomposition in comparison with the
original material. Such thermally transformed material has a mean residence time in soil up to
several thousand years, which offers a potential method for carbon sequestration, since
biochar decomposition into CO2 and other greenhouse gases (such as methane) is very slow.
Biochar production and its application to soil, in addition to climate change mitigation,
provide economical benefits in several other important areas such as waste management,
energy production and soil improvement. As a waste management strategy, biochar can be
produced from a variety of feedstocks that would otherwise constitute a financial and
environmental liability. For example, in agricultural regions with high phosphorus and
nitrogen levels in the soils and water, animal manures could be pyrolysed in order to prevent
eutrophication.
Another value is the utilization of energy that is released during pyrolysis process.
Production of biochar can be linked with local heat generation. An example of the system is
being practiced on a poultry farm where the manure is pyrolysed on the spot to heat barns and
resulting biochar (rich in nitrogen and phosphorus) is applied to fields.
4
Figure 1. Biochar production
The third benefit is to improve the soil quality by enriching it with biochar. On soils
with productivity constraints, it is possible to significantly increase crop yields. Losses of
agrochemicals such as fertilizer nutrients, herbicides and pesticides can be mitigated by
biochar’s ability to retain these compounds. Biochar improves several key soil properties (e.g.
water retention in sandy soils, aerate and lighten clay soils) and is not only more stable and
longer-acting than the original decaying organic matter, but also exhibits higher efficiency per
unit of carbon added to soil.
Measurement and verification of biochar sequestration is facilitated by the fact that the
amount of added carbon can easily be calculated at any time and need not be measured
continuously. Verification of durability is possible because biochar is chemically
distinguishable from other organic matter in soils. Furthermore, sequestered biochar carbon
would not be released to the atmosphere due to changes in land management, fires, or
deforestation, making it a strong candidate as a reliable carbon sequestration agent.
The national or global potential of biochar to help mitigate climate change is only
theoretical at this point, because too few biochar systems exist at scale of implementation.
Wide adoption of systems based on biochar will require ensuring sustainability criteria,
because the benefits of biochar stems from several related sources, including energy and
agriculture. The potential for mitigation is highly variable from system to system due to
different feedstock, scales and different methods of production applications that require
careful evaluation. Biochar must be integrated into existing food production systems and not
become an alternative to food production.
Current barriers to implementation are, in spite of sufficient engineering and scientific
background, lack of development of best biochar practice at operational scale; of
demonstrated carbon trading activities; of demonstration of soil health benefits for the full
spectrum of agro ecosystems; and financial viability and limitations of current legislation. To
remove obstacles in the implementation of biochar systems, establishment of
appropriate policies at national and international levels is required. It is also necessary to
bring to life such mechanisms for carbon trading, which recognize carbon sequestration in
soils, including the carbon sequestration. Biochar must not be an alternative to making
dramatic reductions in greenhouse gas emissions, but may be an important tool in the
equipment for combating climate change.
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1.1 Feedstock acquisition
The source of biomass used for biochar production is a key aspect in the overall
sustainability of the system. Biomass is a renewable but finite resource that often has many
competing uses, and delivers a range of economic, social, and environmental services.
Biomass for biochar may be sourced from residues that would otherwise be sent to landfill or
incinerated. In such cases, the use of biochar may avoid release of the powerful GHG methane
and nitrous oxide, minimize nutrient contamination of groundwater, enhance resource
recovery, and reduce the volume of material being sent to landfill, thus delivering multiple
environmental benefits. Sourcing biomass from an established alternative use requires
scrutiny to ensure that negative impacts are minimized. For example, if biomass is obtained
from crop stubbles, dedicated biomass crops or plantation forest harvest residues, there is a
risk that their removal will lead to decline in soil fertility, reduction in soil carbon stocks, and
increased erosion (Cowie et al., 2006; Janowiak & Webster, 2010; Farine et al., 2011;
Werhahn‑Mees et al., 2011). Alternatively, if biomass is obtained from native forests,
harvesting of this resource must be managed to reduce risk of loss of carbon stock in biomass
and soil, and to reduce potential threats to environmental services (water quality, biodiversity
conservation) (Biofuelwatch, 2011). Sustainable land management practices that minimize
nutrient removal and erosion can reduce these risks (Cowie et al., 2006). Understanding the
risks and developing appropriate management systems for the acquisition of biomass
feedstocks for biochar is important to ensure that sustainable systems are deployed.
1.2 Biochar production
Biochar is manufactured by heating biomass in oxygen-limited conditions. Traditional

charcoal-making processes may utilize pits, mounds or simple kilns, while advanced
pyrolysis technologies involve continuous rather than batch processes, operated in complex
engineered plants where process conditions are well‑controlled. Sustainability concerns in the
manufacture of biochar include the potential release of air pollutants, emissions of GHG, and
conversion efficiency of biomass resources to biochar and energy products. Biochar
production through traditional charcoal-making processes commonly releases particulates and
methane. Both of these issues are managed in modern production facilities through capture
and use of volatiles in powering the process, and the use of modern emission‑control
methods. As a minimum, volatiles should be flared to convert methane to the less‑powerful
GHG CO2. Where feedstock materials are derived from waste streams, risk of harmful
emissions is increased, due to the presence of contaminants. For example, municipal wastes
are likely to contain glass, hard plastic, film plastic, metals and textile contamination.
Compost standards regulate for these contaminants, and it will be important to introduce
similar regulation for biochar products. A contaminant of particular concern is polyvinyl
chloride (PVC), found in products such as pipes, sheets, panels, tiles, toys, adhesives, and
paints, which may lead to dioxin formation during thermal treatment, potentially resulting in
air quality issues. One of the greatest risks for air quality is feedstock contaminated with
treated wood. Waste wood sources may contain painted surfaces, with older paints likely to
contain lead compounds. Pyrolysis temperatures around 300–350oC resulted in almost all
toxic elements remaining in the biochar. Dioxin, heavy metal and particulate emissions are
commonly regulated in air‑quality standards. Concerns remain for non‑engineered systems
that pyrolyze biomass without an appropriate gas emission clean up mechanism, such as those
operating in countries with limited enforcement of environmental regulations, or at a small
scale where such regulations may not apply.
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1.3 Sustainability certification for biochar
The development of a sustainability framework for biochar, employing the approaches

described above, will facilitate acceptance of biochar by society and individual consumers.
Options for implementation of a sustainability framework vary from good practice guidelines,
through voluntary certification, to regulation. A sustainability scheme could be supported by
regulation that specifies requirements for certification to access particular markets; biochar
producers and users will be motivated to develop appropriate management systems and obtain
certification to enable them to access these markets. Establishment of a certification scheme
will take time, to agree on intent, substance, and to develop the necessary institutional support
and governance structures, including verification processes. Multiple schemes may emerge,
requiring producers and consumers to choose between them. To support a certification
scheme, methods for assessing biochar are required to identify whether biochars have
undesirable properties or have been produced in environmentally unsound manner. Recent
research into methods for characterizing key properties of biochar (Singh et al., 2010; Cross
& Sohi, 2011) could support such assessments. The International Biochar Initiative and
European Biochar Certificate prepared guidelines for sustainable application of biochar to
soil.
Recognizing that sustainability should consider the whole product life cycle,
certification must assess all stages from feedstock production or procurement through
processing to utilization. Assembling this information is relatively easy for a
vertically‑integrated business, but will be particularly challenging where biomass is obtained
from multiple small‑holders. The biochar producer will need to monitor and report on the
systems of feedstock production and biochar processing, which will require resources that
may be beyond the capacity of small producers. Thus certification schemes will favor larger
producers, who have the capacity to invest, which could result in the displacement of small
producers who are unable to access the restricted markets. It has been suggested that
sustainability certification could be employed as a barrier to trade. Feeding this perception is
the variable application and regulation of schemes across and between nations. Adequate
governance to ensure that stated objectives of the respective schemes are addressed may be
absent. As has been the experience for timber production, certification may be taken up
largely by operators, and in those counties, for which there is less concern, with limited
uptake in jurisdictions with weak or ineffective regulatory environment. These issues reduce
credibility and acceptance of the value of certification schemes. In some jurisdictions, all
aspects of the biochar lifecycle are already regulated by various disconnected but overlapping
schemes. The biochar system may also be measured, monitored and verified to meet
mandated or voluntary greenhouse gas emissions targets. Where existing systems for
monitoring and reporting on sustainability are considered adequate, these systems could be
recognized as meeting the requirements for sustainable biochar certification, in much the
same way as the EU Renewable Energy Directive accepts biofuels certified under a range of
certification schemes. Such a process for mutual recognition of existing and developing
sustainability certification schemes would minimize unnecessary burden on participants and
encourage adoption.
The International Biochar Initiative in US and the European Biochar Certificate
recently has put forward a proposal for guidelines for specification of biochar, with the aim of
providing a product definition and specification for quality requirements, while ensuring
confidence from the consumers. The initiatives are welcome. However, the view expressed in
this paper is that a robust certification framework should extend beyond a technical
description and labeling of the biomass feedstock and biochar material to also include the
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environmental and socioeconomic context relevant to the site where biochar would be applied
to soils (Figure 1).
Biochar physico-
chemical properties
Socio economic Biochar certification Soil and crop

conditions management
Ecotope properties
Figure 2. Radial cluster relationship diagram
2 LEGAL ASPECTS OF BIOCHAR APPLICATION
Chemicals are widely used in our daily life, almost everywhere and in everything. To
control and protect human health from chemical exposures, regulators need scientific input
regarding potential harmful impacts of the chemicals on the market and in the environment.
Legislative requirements for commercial use of biochar are most often associated with
ensuring the safety, health and environment protection. The basic premise is the creation of a
legal background that would provide these guarantees and would created general confidence
in biochar as a useful product, alternatively as a reliable and cost-effective method for carbon
sequestration.
Among the most important sources for the regulation belongs not only the sources with
the highest degree of legal force such as constitutions of sovereign states, but also acts of
parliament, statutory provisions, government regulations as well as ministerial and local
ordinances.
EU directives lay down certain end results that must be achieved in every Member
State. Directives are used to bring different national laws into line with each other, and are
particularly common in matters that affect the operation of the single market (e.g. product
safety standards). National authorities have to adapt their laws to meet these goals, but are
free to decide how to do so. Directives may concern one or more EU countries, or all of them.
Each directive specifies the date by which the national laws must be adapted - giving national
authorities the room for manoeuvre within the deadlines necessary to take account of differing
national situations. Every Member State bears full responsibility for the implementation of
EU law in accordance with Treaty of Accession and Treaty establishing the European
Community.
Assessing and managing cumulative risks from multiple sources and stressors pose a
challenge in the regulation of chemicals. International organizations and national governments
8
have used various risk assessment tools for setting policy goals, analysing cost-benefit
aspects, and evaluating substitutes and alternatives.
One example is the European Community regulation on chemicals and their safe use,
called REACH (Registration, Evaluation and Authorization of Chemicals). When it
entered into force in June 2007, REACH was considered the world’s strictest regulation on
toxic chemicals. The REACH regulation aims to:
• improve the protection of human health and the environment from the risks
that can be posed by chemicals;
• enhance the competitiveness of the EU chemicals industry, a key sector for the
economy of the EU;
• promote alternative methods for the assessment of hazards of substances, and
• ensure the free circulation of substances on the internal market of the European
Union.
The task of legislation is primarily to introduce such measures and to define rules that
ensure the highest standard of protection and make undesirable impacts on the environment as
small as possible. Application of regulatory measures and restrictions is based on the intended
use of biochar. Waste management issues should be considered first. Legislation in this area is
relatively new, and although has undergone a great development in the last years, still it is not
entirely systematic and comprehensive. The basic EU legislation governing this area is Waste
Framework Directive (2008/98/EC), which sets the basic concepts and definitions related to
waste management. At the subordinate level, the implementing rules and regulations
governing the details in individual areas, which the law addresses only in general terms, are in
competence of every Member State.
If biochar is to be removed from the scope of national waste regulations that implement
WFD principles in legislations of all Member States, then criteria defining under which
conditions biochar is not considered as a waste, but as a by-product, must be met. One of
these criteria can be existence of special legislation, which governs use of biochar.
When considering the application in agriculture as fertilisers or substrates, this is
covered by Regulation (EC) No 2003/2003 relating to fertilisers. The regulation sets rules
for the placing of fertilisers on the market, i.e. the conditions for designating "EC fertilisers",
as well as the provisions regarding their labelling and packaging. Member States determine
the rules on penalties applicable to infringements of the provisions of the Regulation.
Intended use of
biochar
Additive to
Fertiliser in Carbon
compost in Waste disposal
agriculture sequestration
gardening
Regulation No Special legislation Directive 2001/95/EC Directive

2003/2003 relating that does not yet on general product 2008/98/EC on
to fertilisers exist safety waste
Biochar as a product placed on the market must comply with Directive 2001/95/EC on
general product safety, which introduced requirements for high level protection and safety
of consumers. A product is deemed safe once it conforms to the safety provisions provided in
9
European legislation, or, in the absence of such rules, if it complies with the specific national
regulations of the Member State in which it is being marketed or sold.
In case of application of biochar in agricultural land solely for the purpose of carbon
sequestration, this is not treated by any particular regulation, as is the case for carbon
sequestration in natural rock structures – Directive 2009/31/EC on the geological storage of
carbon dioxide. Injecting biochar in agricultural land according to other principles than those
referred to in the national Act on fertilizers is not possible, since biochar is a personal
property, whose disposal must comply with the national Waste Act. Exemption could be
granted by special local regulations which would define specific conditions for biochar
application. This process, for example, has been applied in case of application of river
sediments on agriculture land in some Member States.
3 BIOCHAR AS A WASTE OR PRODUCTION RESIDUE
Approximately 120 to 140 million tons of bio-waste are produced every year in the
EU. This corresponds to approximately 300 kg of bio-waste produced per EU citizen per year.
The definition of bio-waste is provided by the WFD (2008/98/EC): “Bio-waste includes
garden and park waste, food and kitchen waste from households, restaurants, caterers and
retail premises as well as comparable waste from food processing plants. It does not cover
forestry or agricultural residue.” Bio-waste should not be confused with the broader category
of “biodegradable waste”. Biodegradable waste, as defined by the Landfill Directive
(1999/31/EC), includes “any waste that is capable of undergoing anaerobic or aerobic
decomposition, such as food and garden waste, and paper and paperboard.”
Throughout Europe, ca. 40% of bio-waste is still landfilled (up to 100% in some
Member States). This is not in line with the guiding principles of EU waste and sustainable
resource management policy, notably the “waste hierarchy” that should underlie all national
waste policies. According to the waste hierarchy as defined in the WFD, waste prevention is
the preferable option, followed by preparing for re-use, recycling and other recovery (e.g.,
energy recovery). Disposal (e.g., landfilling) is seen as the least desirable option.
Waste streams with high organic carbon content are potentially a feedstock for
pyrolysis plants producing biochar. As an alternative to composting, there is a potential for
biochar to overcome some of the limitations of composting, such as reduced CO2 and other
gas emissions, stabilization of the output material, facilitated handling, shipping, and
distribution. The fully sterile material also eliminates the threat of biohazards. The pyrolysis
process, in contrast, depending on the type of feedstock and pyrolysis conditions, may
generate chemical hazards to human health, e.g., PAH and others, that need to be carefully
screened. In any case, biochar is an appealing technology for the waste industry, given the
possibility of large scale installations and the related economies of scale that can be generated
compared to traditional composting and disposal of bio-waste. It also has clear advantages to
incineration, given the other benefits of biochar as soil improver and carbon storage. In the
EU, between 118 and 138 million tons of bio-waste are produced every year, ca. 88 million
tons of which is municipal waste. This amount is projected to increase, on average, by 10% by
2020 (European Commission, 2010). Transforming this large mass of biomass into stable
biochar would clearly be very appealing, given the well documented positive fall-outs of such
a waste disposal technology: climate change mitigation, increased soil fertility, improved soil
carbon levels, etc. The question of distinguishing between ‘waste’ and ‘product’ has been
raised in particular in the framework of European Union law and the results of this process are
undoubtedly of great importance for national decision-making bodies in all Member States. In
10
practice, there were contradictory decisions of administrative bodies, which led to economic
disadvantages faced by some commercial subjects. The problem involved mainly the
distinction between waste and usable materials produced in the manufacturing process, whose
main objective was to produce different material.
The numerous decisions of the Court of Justice of the European Union (CJEU) were
dedicated to this issue, which resulted in the Communication from the Commission to the
Council and the European Parliament on the Interpretative Communication on waste and
by-products, which unifies the interpretation of waste in industrial sectors, in order to clarify
situation of economic operators and competent authorities. The present situation is such that
the law does not distinguish between products, production residues or non-waste by-products.
Relevant is only determination whether the material is a waste or not. Important factors which
may lead to the decision that the material is not a waste are the following:
1) Is the material concerned a production residue or a product?

The first question is whether the manufacturer deliberately decided to produce the
material. If the manufacturer could produce a primary product without producing the material,
but decided to do so, then this is evidence that the material concerned is not a production
residue. Further evidence that the production of the material concerned was a technical choice
may involve modification of the manufacturing process in order to give the material
concerned specific technical characteristics.
Relation to biochar: The pyrolysis process is intentionally conducted in such a way to

produce a solid fraction of required properties (e.g. carbon content), thus biochar would not
be considered as a production residue.
2) Conditions where a production residue would not be a waste

Even where a material is considered to be a production residue, it is not necessarily a
waste, if its properties permit further use in the economy. If the further use of the material is
not mere possibility but a certainty, without further processing prior to reuse and as part of a
continuous process, then the material would not be a waste provided that the use for which the
by-product is destined must also be lawful - in other words that the by-product is not
something that the manufacturer is obliged to discard or for which the intended use is
forbidden under EU or national law.
3) Is the further use of the material a certainty not a mere possibility?

If there is a possibility that the material is in fact useless, does not meet the technical
conditions required for its usability, or there is no market for the material, then it should
continue to be considered as a waste. If it subsequently turns out that the waste can in fact
serve a useful purpose, then the material will loss its waste status when it is ready for use as a
recovered product.
Relation to biochar: If an amount of potentially toxic elements does not exceed prescribed
limits, then biochar after processing (crushing, etc.) can serve a useful purpose. The question
is when biochar is ready for use - apparently it is after registration as a soil amendment,
since a separate special law on the use of biochar on agricultural land does not yet exist.
4) Can the material be used again without any further processing?

In some cases, this may be a difficult test to perform. Often, there are a number of tasks
that must be undertaken prior to further use: material can be washed, dried, refined or
11
homogenized, features can be added, or other materials, to check its quality, etc. If these
operations are integral part of the production process, material can be considered a by-
product.
Relation to biochar: If biochar properties need to be adapted before the intended use, then
probably tasks, which are not an integral part of the pyrolysis process, have to be done. In
that case, biochar is a waste until the desired properties have been achieved.
5) No other use then disposal can be envisaged, or the use has high environmental
impact or requires special protection measures
If a given material has no possible use, and therefore will have to be disposed of, it
would seem normal that such a material would be considered waste from the moment of
production. In some cases further use of the material is prohibited, or the material must be
disposed of or recovered as a waste in an obligatory procedure.
Relation to biochar: If biochar does not meet the rules for placing on the market (e.g. heavy
metals content of soil amendments) and its use for the purpose of carbon sequestration is not
governed by a special regulation, then biochar is a waste.
A decision tree for waste versus by-product decisions
Is the intended use of

the material lawful? Material is a waste.
NO
YES
Material is a
product, not a Was the material
production residue. deliberately produced?
YES NO
Material is a
production residue.
Tests below apply.
Is use of the material

certain? Material is a waste.
NO
YES
Is the material ready for

use without further
Material is a processing and is the Material is a waste.
material produced as an
non-waste
integral part of the NO
production process?
YES
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3.1 Example of evaluation of slugs and dust from iron and steel production
Blast furnace slag is produced in parallel with hot iron in a blast furnace. The
production process of the iron is adapted to ensure that the slag has the requisite technical
qualities. A technical choice is made at the start of the production process that determines the
type of slag that is produced. Moreover, use of the slag is certain in a number of clearly
defined end uses, and demand is high. Blast furnace slag can be used directly at the end of the
production process, without further processing that is not an integral part of this production
process (such as crushing to get the appropriate particle size). This material can therefore be
considered to fall outside of the definition of waste.
In contrast, de-sulphurisation slag is produced due to the need to remove sulphur prior
to the processing of iron into steel. The resulting slag is rich in sulphur, cannot be used or
recycled in the metallurgical circuit and is therefore usually disposed of in a landfill. Another
type of example is dust extracted from the steel production process when cleaning the air
inside the plant. This is captured in filters via an extraction process. These filters can be
cleaned and the metallic content returned to the economic cycle via a recycling operation.
Both of these production residues are therefore wastes from the point of production with the
iron content extracted from the filters ceasing to be waste once it has been recycled.
This example may vary across the EU under some conditions, notably if there is no
certainty of use for a given by-product, or on the contrary, if use is certain for a material in a
region or Member State, where this is not the case across the whole EU.
It should be noted that even where a particular material satisfies the tests set by the
CJEU not to be considered a waste, if it is in fact discarded, it must clearly be considered as
a waste and will be treaded like that.
3.2 Analogy with biochar
Biochar is produced simultaneously with the syngas in a reactor. The pyrolysis process
is adapted to ensure that biochar will have the necessary technical quality. At the beginning of
the process, technical decision was made in order to get desired type of biochar. The further
use of biochar is certain in agriculture and gardening. Biochar can be used directly without
processing, such as mixing with other substances, which is not an integral part of the
manufacturing process. Under these circumstances, biochar should not be considered as a
waste.
Is production result of Are qualitative Biochar is not a

technical decision with YES parameters met for production
YES
objective to use biochar placing biochar on the residue, thus can
as a soil amendment for market without further not be a waste.
instance? processing?
NO NO
Biochar is Biochar is temporary While being
a waste. If biochar is stored, biochar is
production residue. ready for use as a a waste if future
product, it loses its use is uncertain.
waste status.
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Member States should have brought into force the laws, regulations and administrative
provisions necessary to comply with Waste Framework Directive by 12 December 2010. Thus
European law and above mentioned principles should have been implemented into national
legislations across the whole EU.
4 BIOCHAR AS A CARBON SEQUESTRATION METHOD
Currently, carbon sequestration by any other method then injection of CO2 into
geological formations for the purpous of permanent storage is out of the scope of EU law. The
relevant and only one legislative instrument related to carbon storage is Directive
2009/31/EC on the geological storage of carbon dioxide, which estabilishes a legal
framework for safe containment of CO2 in such a way as to prevent and eliminate possible
negative effects and any risk to the environment and human health.
Member States have the right to determine the areas from which storage sites may be
selected and not to allow for any storage in parts or in the whole of territory. The steps in the
site selection assessment process include components such as data collection and analysis, 3D
geological modelling, dynamic modelling, sensitivity characterisation, and risk assessment.
Member States must ensure that no storage site is operated without a storage permit,
that there must be only one operator for each storage site, and that no conflicting uses are
permitted on the site. Applications to the competent authority for storage permits must include
at least the following information:
1) the name and address of the potential operator;
2) proof of the technical competence of the potential operator;
3) the characterisation of the storage site and storage complex and an assessment of the
expected security of the storage;
4) the total quantity of CO2 to be injected and stored, as well as the prospective sources
and transport methods, the composition of CO2 streams, the injection rates and
pressures, and the location of injection facilities;
5) a description of measures to prevent significant irregularities;
6) a proposed monitoring plan;
7) a proposed corrective measures plan.
The Directive also notes that Member States must establish or designate the competent
authorities responsible for fulfilling the duties established in the Directive.
It is possible that future legislative development in carbon sequestration by biochar
application into agriculture land will follow principles laid down in the Directive on the
geological storage. However, more probably a new legislative instrument might be provisions
similar to Directive 86/278/EEC on the protection of the environment, and in particular
of the soil, when sewage sludge is used in agriculture.
The purpous of the Directive is to promote the correct use of sewage sludge on
agriculture land; and to ensure that human beings, animals, plants and environment are fully
safeguarded against harmful effects from the uncontrolled spreading of sewage sludge on
such land.
The main provisions of the Directive for Member States are:
• Conditions for the protection of human health and nature
14
• Concentration limit values for heavy metals in soils, sludge and maximum annual
loads
• Maximum quantities of sludge applicable to soil
• Conditions under which less stringent concentrations of heavy metals are permitted
• Use of sludge treatment technologies
• Frequency of analysis of sludge
• Authorisations for the use of untreated sludge on soil
• Minimum frequency of soil analyses
• Exemptions granted to small sewage treatment plants
All reporting Member States, apart from Greece and Latvia, have notified the
Commission of measures adopted to ensure that sewage sludge may not be used in soils with
concentrations of one or more heavy metals that exceed the agreed limit values. The same
apply for heavy metal concentrations in sludge. A majority of Member States have set limit
values that are considerably below those allowed by the Directive.
Tab. 1 Limit values for sewage sludge

Cd Cu Ni Pb Zn Hg Cr
1000- 300- 750- 2500-
Directive Annex IA 20-40 16-25 -
1750 400 1200 4000
Czech Republic 5 500 100 200 2500 4 200
Italy 20 1000 300 750 2500 16 -
Poland 10 800 100 500 2500 5 -
Slovakia 10 1000 300 750 2500 10 1000
Slovenia 2 300 70 100 1200 2 150
There are usually two techniques of regulated application into agricultural land:
1) Direct application according to a local act (e.g. Act on Sewage Sludge Application into
Agricultural Land), determining the conditions for sewage sludge application into
agricultural and forest land without affecting soil properties, plants, water, health of
humans and animals.
2) Application as compost, soil supporting substance or growing medium in line with a

local act (e.g. Act on Fertilizers). In this case, the product made on the basis of sludge is
subject to certification and assessment whether properties of such fertilizer and its
technical documentation are in line with related technical standards and generally
binding legal regulations.
5 BIOCHAR AS ENERGY PRODUCER
Integration of biochar in heat and renewable-energy production is an opportunity to be

explored. Currently, there is no reference to biochar in any of the existing EU legislations
related to energy apart from the fact that, as resulting material of an energy process (e.g.,
pyrolysis, gasification), it is treated as a waste. Plants producing biochar are generally broadly
classified in pyrolysis and gasification systems: in the former the biomass is heated in the
absence of oxygen while, in the latter, biomass is partially oxidized at high temperatures
15
(>800 °C). However, both processes produce noncondensable gases (syngas), condensable
vapors/liquids (bio-oil, tar) and solids (char, ash). Depending on the feedstock and process,
syngas is a variable mixture of CO and CO2, H, CH4, and N2, which, if upgraded, can be used
in combustive engines to generate electricity. From this perspective, biochar is only a co-
product of an energy-supply chain that primarily generates energy. The associated risk of
depleting SOC exporting biomass (and hence C), rather than incorporated or returned to the
field, may be offset by the same biochar application. In that case, even if C yield of biochar is
lower than the original feedstock, the net C sequestration effect is guaranteed by its
recalcitrant to decomposition.
6 BIOCHAR AS SOIL IMPROVER
Given that by definition biochar should be considered a soil improver, its use should
be viewed from the EU Soil Thematic Strategy (COM (2006) 231) and the related proposed
Soil Framework Directive (COM (2006) 232) perspective. The Thematic Strategy explicitly
mentions the constant decline in organic carbon content as one of the major threats to
European soil and therefore, the application of biochar could seem a valuable solution to
reverse this negative trend. In addition, the strategy singles out the specific soil functions that
EU legislation should protect. One of the main functions identified is the role of soil to act as
a carbon sink and therefore contribute to climate change mitigation. Biochar is certainly a
valid technology for long-term carbon storage in soils and therefore perfectly consistent with
these strategy specifications. In addition to this aspect, some co-benefits may result from the
use of biochar as a soil amendment. Due to its porous structure and large surface area, biochar
applications showed to positively influence soil field capacity, nutrient availability, fertilizer
use efficiency, pH (“liming effect”), and cation exchange capacity-CEC. However, the
interaction between the soil and biochar type (in terms of feedstock and process conditions)
needs to be further investigated, in particular for certain important issues, such as change in
heavy metal availability, pesticides sorption, and introduction of metal contaminants. Some
positive indications can be found in the extensive review by Beesley et al., who demonstrated
clear potential for the reduction of a variety of organic and inorganic contaminants present in
soils in their most mobile forms. Moreover, in an experiment testing the use of biochar in
contaminated soils, Beesley and Marmiroli reported a marked reduction of Cd and Zn
leachate concentrations. Sorption was indicated as the main mechanism of retention for those
metals, while no significant decrease in concentration was detected for As. In contrast, as
biochar may be produced from a wide range of organic feedstocks, it also contains potentially
toxic elements (PTEs) such as Cu, Pb, and As. This raises the issue of how to define
concentration limits, for which legislative standards are inexistent at national level for this
amendment.
Part of this gap is filled by two main voluntary initiatives: The European Biochar
Certificate (EBC) and the International Biochar Initiative (IBI). These initiatives are trying to
define production criteria and biochar properties and quality, but are not recognized by any
national legislation as official methods within EU.
6.1 European Biochar Certificate
The European Biochar Certificate (EBC) has been developed by biochar scientists to
become the voluntary European industrial standard. The EBC ensures a sustainable biochar
production and low hazard use in agronomic systems. It is based on the latest scientific data,
16
it's economically viable and close to technical and agricultural practice. Users of biochar and
biochar-based products will benefit from a transparent and verifiable monitoring and
independent quality control.
Biochar produced in accordance with the standards of the EBC fulfils all the
requirements of sustainable production and a positive carbon footprint. These standards
guarantee ecologically sustainable procurement and production of biomass feedstock for
biochar production, compliance with emission standards and environmentally safe storage.
Biochar quality is comprehensively monitored and documented. All threshold values,
corresponding to those of the Ordinance on Soil Protection are complied with.
For gaining the European biochar certificate, the following criteria regarding the
biomass feedstock, the production method, the properties of the biochar and the way it is
applied have to be met.
6.1.1 Feedstock
• Only organic wastes listed in the positive list (Appendix 1, see below) may be used in
the production of biochar.
• It must be ensured that all non-organic waste such as plastic, rubber, electronic scrap
has been removed.
• Feedstocks must be free of paint, solvents and other non-organic contaminants.
• When using primary agricultural products, it must be guaranteed that these were
grown in a sustainable manner.
• Biochar may only be produced from wood from forests or short rotation forestry
plantations if their sustainable management, for example through appropriate PEFC or
FSC certification, can be proven.
• Feedstocks used for the production of biochar must not be transported over distances
greater than 80 km. An exception is made for pyrolysis additives or special biomasses
for use in production tests. [Since the current network of pyrolysis facilities is not
yet extensive an exemption to this transport distance requirement can be granted as
long as such exemption is only a temporary measure.]
• Complete records of feedstocks must be kept.
6.1.2 General requirements for biochar production records
Each biochar batch must be clearly labelled and be given a unique identification
number for reconstructing the circumstances of production and guaranteeing the quality of the
biomasses used. For each biochar batch, separate production records are to be kept. Each
batch must be tested to ensure compliance with the required threshold values.
A uniform biochar batch is deemed to exist when the following criteria are met:
• The temperature in °C and the sojourn time of the biomass in the pyrolysis reactor
during production do not fluctuate more than 15%
• The composition of the pyrolysed biomasses does not fluctuate more than 20%
17
• The production period of the batch does not exceed 4 months
• Complete production records must be kept, providing detailed descriptions and dates
of any production problems or halts.
6.1.3 Quality assurance and certification
Biochar producers compliance with European Biochar Certificate requirements is

coordinated throughout Europe by the independent quality assurance agency q.inspecta, with
inspections of production plants in individual countries carried out by independent national
inspection agencies. Inspections take place once a year. Producers confirm that they will keep
up-to-date production records.
Producers may submit applications to q.inspecta to take part in the certification
programme once their production starts. They are recommended to contact q.inspecta
beforehand, enabling them to integrate the necessary recording into their production process.
6.2 International Biochar Initiative
IBI is currently developing an IBI Biochar Certification program that will enable
manufacturers whose biochar materials have passed the IBI Biochar Standards to apply for
certification through IBI, and to place an “IBI Certified Biochar” seal on their product. As a
global leader in providing credible, science-based information on biochar, it is IBI’s goal that
the seal provide assurances to consumers regarding the safety and efficacy of biochar
products. The Program is initially slated for roll-out in the US and Canada before expanding
to other countries.
6.3 IBI vs. EBC discussion
The EBC and IBI collaborate since 2012 on the issue of biochar certification and
guidelines. We have the common objective of a harmonized international certification scheme
that takes the national (and continental) differences into consideration. The following
comparison was made to articulate the few differences between the two standards.
European Biochar Certificate vs. International Biochar Initiative (EBC vs. IBI)
EBC (European Biochar Certificate) IBI (International Biochar Initiative)
Feedstock: Positive list Feedstock: No contamination

Material properties: Material properties:
TOC > 50% TOC > 60/30/10% (C1,2,3)
O/C < 0.4 O/C -
H/C < 0.6 H/C < 0.7
Black carbon 10-40% of TOC pH, EC, texture etc. report
Contaminants: Contaminants:
Heavy metal tresholds Heavy metal tresholds
PAH < 12 mg/kg PAH < 20 mg/kg
PCB < 0.2 mg/kg PCB < 0.5 mg/kg
PCDD and PCDF < 20 ng/kg PCDD and PCDF < 9 ng/kg
18
In addition, socioeconomic impact assessments (Shackley et al., 2012) should be
performed as part of the certification procedure for scenarios of possible combinations of the
above‑mentioned factors. In many cases, it is expected that current confidence in available
soil data will not be sufficient to satisfy the required information of a sustainable biochar
certification procedure (from regional to within‑field scales). Therefore, in these cases,
requirements for soil testing will have to be described as part of the certification procedure.
The choice of soil parameters and associated sampling designs for soil testing should be
informed by the range of potential biochar properties, for any specific site. For example, if for
a catchment the main potential feedstock is organic waste with a moderate to high salt
content, it would be a sound precaution to identify and delineate those soils which may be
vulnerable to salinization or sodification. However, these tests may be obsolete if all potential
feedstocks for the catchment have low salt contents. Any certification/regulation that may be
developed for biochar requires sound scientific evidence and recommendations. It will be
imperative to provide the scientific evidence to the policy community in a manner that is
comprehensive, robust, objective and independent of any conflict of interest. An
intergovernmental panel on biochar could potentially provide a mechanism for achieving this.
In addition to qualitative assessments, a quantitative meta‑analysis of biochar effects on soil
functions would provide a useful tool to objectively assess effects and identify gaps, as well
as potential clues to causative mechanisms. All data should be made available in a transparent
way, with full disclosure of data, statistics and funding – for detailed recommendations see
Verheijen et al. (2010). This can imply translation of research papers into English or the
posting of experimental results in an online public database. In a sense, the greatest strength
of the biochar concept is also its greatest ‘weakness’. Its relatively long mean residence time
in soils (hundreds of years) make it a potential instrument of C-sequestration (Woolf et al.,
2010). At the same time, it may improve one or more soil functions, while avoiding
deleterious effects, if compatibility and complementarity are achieved. However, that same
long mean residence time sets biochar apart from more conventional soil amendments that are
considered as transient in the soil, with functional lifetimes from one to tens of years.
7 BIOCHAR AS FERTILIZER
Regulation (EC) No 2003/2003 of the European Parliament ensure the free

circulation on the internal market of ‘EC fertilisers’ i.e. those mineral fertilisers that meet the
requirements of the Regulation for their nutrient content, their safety, and the absence of
adverse effects on the environment.
Regulation (EC) No 2003/2003 does not affect the so-called ‘national fertilisers’
placed on the market of the Member States in accordance with national legislation. Some
Member States have very detailed national rules whereas others do not. Producers can choose
to market a fertiliser as ‘EC fertiliser’ or as ‘national fertiliser’. Furthermore, there are
increasing quantities of fertilisers placed on the market in the EU that are not of mineral
origin, but are produced from organic waste streams, or are a combination of both, which are
not covered by the current Regulation. Other products relevant as inputs for agriculture, such
as soil improvers and growing media, are not at all within the scope of Regulation (EC) No
2003/2003.
Regulation (EC) No 764/2008 on mutual recognition ensures the free movement of
goods on the Internal Market in the non-harmonised area through mutual recognition between
Member States It obliges Member States to accept products lawfully marketed in other
19
Member States unless the Member State of destination can demonstrate that the product poses
a risk for human health or the environment.
Regulation (EC) No 2003/2003 (the Fertilisers Regulation) lays down rules relating to
the placing on the market of fertilisers, as well as the provisions regarding their labelling and
packaging, and reduces existing trade barriers and potential risks for public safety from the
use of certain categories of fertilisers.
The current Fertilisers Regulation covers only a part of the inorganic (mineral)
fertilisers i.e. ‘EC fertilisers’ that meet the requirements of the Regulation regarding
composition, safety and impacts on the environment and as such may circulate freely on the
European market. The other types of fertilisers and fertilising materials are not covered by this
European legislation. Therefore, the Commission intends to revise Regulation (EC) No
2003/2003 to extend its scope to other fertilisers and fertilising materials including organic
fertilisers, growing media, soil improvers and possibly biostimulants.
The main objective is to propose policy options on how to revise the current regulation
according to biochar, to achieve full harmonisation regarding the placing on the market and
eventually to assess the socio-economic and environmental impacts of each of these scenarios.
A stronger, deeper, extended single market for all types of fertilisers, growing media and soil
improvers will be fully in line with the objectives of the Europe 2020 strategy as set out in the
Commission Communication COM (2010) 2020.
The complex study identified several problems with the current situation, as follows:
• Only a fraction of the mineral fertilisers sector is harmonised at EU level. There is a

high fragmentation of the market for the other categories of fertilising materials;
• Mutual recognition is unsatisfactory;
• Categorisation of fertilising materials becomes problematic since innovation tends to
create new blended and mixed products or products on the fringes of usually
recognised categories;
• Procedures to introduce a new 'EC fertiliser' type on the market are very lengthy;
• There are diverging opinions amongst MS and amongst stakeholders on acceptable
requirements for fertilisers.
Taking into account the problems identified during the evaluation study, the
commission services consider that the harmonisation efforts should pursue four specific
objectives:
• To harmonise legislation for all fertilising materials (FM) including inorganic

fertilisers, organic fertilisers, growing media, soil improvers and biostimulants;
• To guarantee the safety of fertilising materials;
• To ensure agronomic efficacy of fertilising materials; and
• To reduce administrative burden.
7.1 Situation of the Member States national fertilisers and fertilising materials
regulatory frameworks
Biochar is not excluded from the scope of the national waste regulation in monitored
Member States. Excluded are those kinds of biomass which comply requirements of by-
products and/or requirements of end-of-waste status in accordance with Article 5 and Article
20
6 of Directive 2008/98/EC of the European Parliament and of the Council of 19 November
2008 on waste and repealing certain Directives (Waste Directive). There is not existing and
allowed technology infrastructure for processing of biochar in MS yet. It means, that biochar
is not considered as by-product and biochar do not comply the end-of-waste status
requirements in accordance with Waste Directive.
Most Member States (MS) have in place national provisions regarding the placing on
the market of fertilising materials. Once a manufacturer has decided to apply for the
registration of a new fertiliser type, it must submit a technical dossier to the competent
authority of the Member State in which it is established. The dossier must contain scientific
evidence that the candidate fertiliser is not harmful to the environment and/or human health
and that it provides nutrients efficiently. Then a Member State will examine the dossier and
will normally decide to act as the ‘sponsor’ for the application in the Fertiliser Working
Group. Member State representatives of the Fertiliser Working Group have then to express
their opinion on the candidate fertiliser type. The whole procedure lasts between 18 months
and 4 years if additional data are required by the Member States and depending on whether an
EN standard must be developed for the determination of the nutrient content.
The Fertilisers Regulation does not affect the so-called ‘national fertilisers’ placed on
the market in Member States in accordance with national legislation. Some Member States
have established very detailed national rules whereas others have not. Producers can choose to
market inorganic fertilisers as ‘EC fertilisers’ or as ‘national fertilisers’.
It is allowed to market only a fertilizer registered in the fertilizer register upon the
verification of its efficiency, quality and health harmlessness and safety as well as farm
fertilizers. Provision does not apply for a fertilizer provided in necessary quantities for
experimental purposes, research and development. Marketing a fertilizer means their
manufactures, import, offer, sale and storing.
Register of fertilizers is a list of registered fertilizers in which data on registered are
specified except for data on production method and raw materials used. Register of fertilizers
is administered by the Central Control and Testing Institute of Agriculture (hereinafter
referred to as “control institute”) as a legal person the establisher of which is the Ministry of
Agriculture of MS. The Ministry publicizes regularly the list of registered fertilizers.
7.1.1 Registration of fertilizers
Control Institute carries out the registration of fertilizers based on the application of
manufacturer or importer who has the business license in accordance with the special
regulation referred to as “applicant”. The applicant lodges the application for fertilizer
registration on the form issued by Control Institute. The application must include:
a) data on given name, family name, permanent residence, personal identification No. if
the applicant is a natural person or business name, business address and companies
registration No. if the applicant is a legal person,
b) data on manufacturer or importer,
c) trade name and type of fertilizer,
d) data on the content of individual components as well as trace elements in fertilizer
including the content of risk elements; in case of nutrients also their form and
solubility,
e) packing and package weight or volume,
21
f) scope and method of fertilizer application and storage conditions,
g) description of production method including specification of raw materials used for the
fertilizer production,
h) opinion of relevant authorities,
i) statement of the manufacturer that he disposes of a control mechanism securing
achieving the fertilizer quality permanently.
The applicant is obliged to provide samples required by Control Institute free of

charge or to enable sampling and to provide other details and information required for
registration proceedings. Control Institute issues the decision on fertilizer registration within
two months from the date of serving the application for fertilizer registration if the fertilizer
type specified in the application with the type specified in the generally binding legal
regulation and is in compliance with laboratory test results.
If the fertilizer is not in compliance with the fertilizer type specified in the generally
binding legal regulation, Control Institute examines its biological efficiency in vegetation
tests and decides on the fertilizer registration upon the results
a) within 18 months from the date of serving the application if vegetation tests are
performed in a greenhouse or a vegetation hall,
b) within 24 months from the date of serving the application if vegetation tests are
performed in the field.
Control Institute may acknowledge laboratory and vegetation test result of the
fertilizer of other professionally recognized domestic and international natural persons if they
are in accordance with provisions of this act. In this case, Control Institute decides on the
application without an undue delay. The applicant covers the cost related to action connected
with the fertilizer registration.
7.1.2 Decision on fertilizer registration
Decision on fertilizer registration contains
a) business name and type of fertilizer

b) No. of decision on its registration
c) data on given name, family name, permanent residence, personal identification
d) data on manufacturer
e) limitations at marketing and use,
f) data on the content of individual components as well as trace elements in the fertilizer
including the content of risk elements, risk substances and tolerances; in case of
nutrients also the form and solubility,
g) period of decision validity
h) packing and warning marking of the fertilizer inevitable from the viewpoint of health
protection and safety of people, animals and environment.
22
Decision on the fertilizer registration is in force for five years from the date of
becoming absolute if not a shorter period is stipulated in the decision; provision of shorter
period of validity must be substantiated in the decision. Holder of the fertilizer registration
decision may request Control Institute an extension of the period of validity. The application
must be delivered to Control Institute not later than within six months before the date of
termination of the fertilizer registration.
7.1.3 Fertilizer application
Entrepreneurs in agriculture are obliged to use fertilizers and farm fertilizers in

quantity and manner providing for required plant nutrition and permanently maintainable soil
fertility. No risk elements and substances interfering with the development of cultivated plants
or jeopardizing the food chain are to be added to farm fertilizers. Fertilizers must not be used
on agricultural soil if
a) special regulation prohibits or limits the use of fertilizers,

b) method of their application is hazardous on the environment surrounding of the
fertilized land.
Entrepreneurs in agriculture are obliged to keep records on acceptance and application
of fertilizers on the agricultural or forest land. They are obliged to present the registration on
request of Control Institute.
List of approved laboratories in selected Member States:
Member State Approved laboratories

Central Institute for Supervising and Testing in Agriculture
ÚKZÚZ – Úst•ední kontrolní a zkušební ústav zem•d•lský
Hroznova 2
Czech Republic CZ-656 06 BRNO
Tel. : +420-543-54-82-71
Fax. : +420-543-21-11-48
E-mail : [email protected]
Laboratorio di Conegliano
Ministero delle Politiche Agricole Alimentari e Forestali — Dipartimento
dell'Ispettorato Centrale della Tutela della Qualità e Repressione Frodi dei
Prodotti Agro-alimentari
Via Casoni, 13/B
I-31058 Susegana (TV)
Tel. +39-0438-453312
Fax +39-0438-450618
Laboratorio di Modena
Italy
Via J.Cavedone, 29
I-41100 Modena
Tel. +39-059-358-419
Fax +39-059-344-412
Laboratorio di Catania
23
Via Alessandro Volta,19
I-95122 Catania
Tel. +39-095-480411
Fax +39-095-365066
Laboratorio di Roma
Via del Fornetto, 85
I-00149 Roma
Tel. +39-06-5534161
Fax +39-06-55341691
Poland Nawozowe Laboratorium Badawcze w Instytucie Nawozów
Sztucznych w Pu•awach
al. Tysi•clecia Pa•stwa Polskiego 13A
PL-24-110 Pu•awy
Tel. : +48-81-887-64-44
Fax. : +48-81-887-63-36
Laboratorium Badania Niebezpiecznych W•a•ciwo•ci Materia•ów
w Instytucie Przemys•u Organicznego w Warszawie
ul. Annopol 6
PL-03-236 Warszawa
Tel. : +48-22-811-12-31
Fax. : +48-22-811-07-99
Laboratorium Badawcze w Wojskowym Instytucie Technicznym
Uzbrojenia w Zielonce k/Warszawy
ul. Prymasa St. Wyszy•skiego 7
PL-05-220 Zielonka
Tel. : +48-22-761-44-01
Fax. : +48-22-761-44-45
Laboratorium Nawozów i Wyrobów Chemicznych w Polskim Centrum
Bada• i Certyfikacji Oddzia• w Pile
ul. •niadeckich 5
PL-64-920 Pi•a
Poland Tel. : +48-67-213-87-00
Fax. : +48-67-213-83-84
Dzia• Laboratoryjny Stacji Chemiczno - Rolniczej Oddzia•
w Bydgoszczy
ul. Powsta•ców Wielkopolskich 6
PL-85-090 Bydgoszcz
Tel. : +48-52-322-32-46
Fax. : +48-52-322-02-20
Dzia• Laboratoryjny Stacji Chemiczno – Rolniczej Oddzia• w Kielcach
ul. Wapiennikowa 21
PL-25-112 Kielce
Tel. : +48-41-361-01-51
Fax. : +48-41-361-02-25
Laboratorium Stacji Chemiczno–Rolniczej w Lublinie
ul. S•awnikowska 5
PL-20-810 Lublin
Tel. : +48-81-742-63-01
Fax. : -48-81-742-63-34
Dzia• Laboratoryjny Stacji Chemiczno – Rolniczej w Olsztynie
ul. Ko•obrzeska 11
PL-10-444 Olsztyn
Tel. : +48-89-533-20-92
24
Fax. : +48-89-533-20-92
Dzia• Laboratoryjny Stacji Chemiczno – Rolniczej w Poznaniu
ul. Sieradzka 29
PL-60-163 Pozna•
Tel. : +48-61-868-97-51
Fax. : +48-61-868-58-60
Dzia• Laboratoryjny Stacji Chemiczno – Rolniczej w Warszawie
ul. •ó•kiewskiego 17
PL-05-075 Warszawa-Weso•a
Tel. : +48-22-773-53-21
Fax. : -48-22-773-53-21
Laboratorium Badawcze nr 2 w Wojskowym Instytucie Techniki In•ynieryjnej
we Wroc•awiu
ul. Obornicka 136
PL-50-961 Wroc•aw
Tel. : +48-71-347-44-40
Fax. : +48-71-347-44-04
Dzia• Laboratoryjny Stacji Chemiczno-Rolniczej w Gda•sku
ul. Na Stoku 48
PL-80-874 Gda•sk
Tel. : +48-58-302-38-15
Fax. : +48-58-302-38-15
E-mail. : [email protected]
Dzia• Laboratoryjny Stacji Chemiczno-Rolniczej w Krakowie
ul. Ko•owa 3
PL-30-133 Kraków
Tel. : +48-12-637-55-17
Fax. : +48-12-637-04-61
Dzia• Laboratoryjny Stacji Chemiczno-Rolniczej w Rzeszowie
ul. Prof. L. Chmaja 3
PL-35-021 Rzeszów
Tel. : +48-17-854-27-76
Fax. : +48-17-854-27-16
Dzia• Laboratoryjny Stacji Chemiczno-Rolniczej we Wroc•awiu
ul. •w. Macieja 5
PL-50-244 Wroc•aw
Tel. : +48-71-322-50-37
Fax. : +48-71-321-05-87
SLOVAKIA Skúšobné laboratórium hnojív Ústredného kontrolného a
skúšobného
ústavu polnohospodárskeho
Matúškova 21
Slovakia
SK-83316 Bratislava
Tel. +421-2-547-758-22 ext. 202
Fax +421-2-546-512-03
E-mail: [email protected]
SLOVENIA Kmetijski inštitut Slovenije
Hacquetova 17
SL-1000 Ljubljana
Slovenia
Tel. +386-1-28-05-262
Fax +386-1-28-05-255
Intra-community movement of national fertilisers should be covered by Regulation

(EC) No 764/2008 on mutual recognition which aims at ensuring the EU free movement of
25
goods in the nonharmonised area through recognition of goods between Member States.
Regulation (EC) No 764/2008 obliges a Member State to accept products lawfully marketed
in another Member State unless the Member State of destination can demonstrate that the
product poses a risk to human health or the environment (safeguard clause).
7.2 The application of the Mutual Recognition Regulation to biochar
As EU law stands, fertilisers are only partially harmonised. Regulation (EC) No

2003/2003 introduced technical and labelling requirements for “EC fertilisers”, i.e. those
inorganic fertilisers which comply with the fertiliser type designations specified in the
Regulation. Those EC fertilisers are allowed to freely circulate within the internal market. The
Regulation, however, does not prevent Member States, from additionally allowing the placing
on the market of “national” fertilisers, i.e. products which are not designated as “EC
fertilisers”, but are produced according to national provisions. While those provisions do not
need to comply with the specific EU legislation in the area of fertilisers, they have
nevertheless to respect the basic principles of the EU Treaty; especially the principle of free
movement of goods. Regulation (EC) No 764/2008 (“the Regulation”) has been adopted to
make the principle of mutual recognition fully operational, therefore reducing discrepancies
between national rules in the non harmonised area.
The Regulation applies to administrative decisions addressed to economic operators,
on the basis of a technical rule, in respect of any non-harmonised product lawfully marketed
in another Member State, where the direct or indirect effect of that decision is the prohibition,
modification, additional testing or withdrawal of the product. Any authority intending to take
such a decision must follow the procedural requirements in the Regulation.
The Mutual Recognition Regulation should apply for biochar only if following
conditions are met:
7.2.1 The (intended) administrative decision must concern fertilisers and/or growing media
lawfully marketed in another Member State
The Regulation should apply only to “national” fertilisers and growing media lawfully
marketed in another Member State. That means that fertilisers or growing media which have
not previously been marketed on the territory of the EU fall outside the scope of the
Regulation. They will have to comply with the technical rules applicable in the Member State
where they are put on the market for the first time in the EU.
7.2.2 The (intended) administrative decision must be addressed to an economic operator
The Regulation applies to administrative decisions addressed to economic operators,

whether taken or intended, on the basis of a ‘technical rule’, in respect of fertilisers and
growing media lawfully marketed in another Member State, where the direct or indirect effect
of that decision is the prohibition, modification, additional testing or withdrawal. An
economic operator is, in essence, a person in the supply chain for the product concerned, from
manufacturer/importer to retailer.
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7.2.3 The (intended) administrative decision must be based on a technical rule
As regards fertilisers and growing media specifically, a technical rule is any provision
of a law, regulation or other administrative provision of a Member State:
a) which prohibits the marketing of any “national” fertiliser or growing media lawfully
marketed in another Member State in the territory of the Member State where the
administrative decision is or will be taken or compliance with which is compulsory when that
fertiliser or growing media is marketed in the territory of that Member State, and
b) which lays down either:
• the characteristics required for that (type of) fertiliser or growing media, such as levels
of quality, performance or safety, or dimensions, including requirements as regards the
name under which it is sold, terminology, symbols, testing and test methods,
packaging, marking or labelling; or
• any other requirement which is imposed on that (type of) fertiliser or growing media
for the purposes of protecting consumers or the environment, and which affects its
life-cycle after it has been placed on the market, such as conditions of use, recycling,
reuse or disposal, where such conditions can significantly influence the composition,
nature or marketing of the fertiliser or growing media.
7.2.3.1 Prior authorisation procedures
EU law does not in principle preclude Member States from establishing appropriate
measures, if they deem this necessary to control and/or restrict the placing on the market of
“national” fertilisers or growing media for public health reasons or environmental protection.
Member States usually establish those measures through prior authorisation procedures in
accordance with which, before a product may be placed on a given Member State's market,
the competent authority of that Member State should give its formal approval following an
application.
The Court of Justice has repeatedly held that any national legislation which makes the
marketing of products subject to a prior authorisation procedure restricts the free movement of
goods. Nevertheless, such procedures could be justified if national rules pursue a public-
interest objective recognised by EU law and comply with the principle of proportionality.
The Court of Justice has set a number of conditions under which the prior
authorisation procedure might be justified:
• it must be based on objective, non-discriminatory criteria which are known in advance

to the undertakings concerned, in such a way as to circumscribe the exercise of the
national authorities’ discretion, so that it is not used arbitrarily;
• it should not essentially duplicate controls which have already been carried out under
other procedures, either in the same State or in another Member State;
• prior authorisation will be necessary only where subsequent control must be regarded
as being too late to be genuinely effective and to enable it to achieve its aim;
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• the procedure should not, on account of the cost and time element, be such as to deter
operators from pursuing their business plan.
7.2.3.2 ‘Positive lists’ for fertilisers and growing media
Some Member States refer through their relevant prior authorisation procedures to
‘positive lists’ sorting certain fertiliser and/or growing media types. According to these lists,
products that comply with the types listed may be placed on the national market of the
Member State of destination. EU law does not in principle preclude Member States from
establishing such a positive list, if they deem this necessary to control and/or restrict the
placing on the market of “national” fertilisers or growing media for public health reasons or
environmental protection. Nevertheless, according to constant case law of the European Court
of Justice national legislation should make provision for a procedure designed to allow a
given type to be added to those lists and/or an individual registration or authorisation
procedure for products (product types) not listed, but already legally marketed or
manufactured in another Member State. Such a procedure must be one which is readily
accessible, can be completed within a reasonable period, and, if it leads to a refusal, the
decision of refusal must be open to challenge before the courts.
7.2.3.3 ‘Negative lists’ for fertilisers and growing media
In some other cases prior authorisation procedures rely on existing ‘negative lists’
where some substances are blacklisted. In application of this system, Member States refuse to
authorise the marketing of fertilisers and/or growing media uniquely on the grounds that they
present unauthorised components without justifying the refusals by reference to a real risk to
public health. Additionally, it derives from the same case-law that Member States are not
entitled to prohibit the marketing of fertilisers or growing media lawfully marketed in another
Member State on the sole grounds that no benefit accrues from their use and without reference
to any considerations of public health or protection to the environment.
7.2.3.4 Language requirements for labelling
Member States may require that the label, the markings on the package and the
accompanying documents must appear in at least the national language(s) of the Member
State of destination as mentioned in recital 10 of Regulation (EC) No 764/2008.
7.2.4 The (intended) administrative decisions must prohibit the marketing of a fertiliser or
growing media lawfully marketed in another Member State
The direct or indirect effect of the (intended) administrative decision should be any of
the following:
• prohibition of the placing on the market of that (type of) fertiliser or growing media;
• modification or additional testing of the (type of) fertiliser or growing media before it
can be placed or kept on the market;
• withdrawal of that (type of) fertiliser or growing media from the market.
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7.2.5 Evaluation procedures and requests for information
When a competent authority submits a product to an evaluation to determine whether

or not to adopt an administrative decision, Member State may request economic operators
some relevant information concerning the characteristics of the product (Art. 4 of the
Regulation). However, the request should remain proportionate: it should not essentially
duplicate controls which have already been carried out under other procedures, either in the
same State or in another Member State. Member States can not refuse certificates or test
reports issued by a conformity assessment body accredited for the appropriate field of
conformity-assessment activity in accordance with Regulation (EC) No 765/2008 on grounds
related to the competence of that body.
7.2.6 Tackling risks to health and environment
Mutual recognition is based on the freedom of movement of goods through mutual

confidence between Member States and on the assumption that Member States are applying
equivalent criteria for the protection of the environment and human health. However, the
Member State of destination might have legitimate reasons to forbid or stop within its
territory the marketing of fertilisers or growing media even if lawfully marketed in another
Member State. EU legislation provides enough possibilities to directly ban dangerous
products. Moreover, any measure must respect the principle of proportionality and not
‘constitute a means of arbitrary discrimination or a disguised restriction on trade between
Member States.
However, most Member States have expressed strong reluctance to accept mutual
recognition for the fertilising materials sectors (organic fertilisers; growing media, soil
improvers and biostimulants) for the following reasons:
• Environmental and human health concerns

Over the years, EU Member States have introduced stringent rules for the control of
animal diseases and pathogens in organic fertilisers and the content of heavy metals in
mineral fertilisers. These rules are not identical throughout the EU and thus constitute
potential barriers to mutual recognition. There is now the risk that if Member States are faced
with high numbers of demands for mutual recognition, they cannot respond within the
required deadlines laid down in Regulation (EC) No 764/2008 even though they may have
legitimate reasons to refuse the marketing of certain fertilisers, thus leading to potential
adverse effects to their environment. It seems also difficult to ensure an equivalent level of
protection of the environment throughout the EU in the absence of a harmonised system of
controls covering all fertilising materials. In the case of biochar upper mentioned biochar
certificates should help for standardization to ensure an equivalent level throughout the EU.
• Socio-economic aspects
Due to incomplete harmonisation, there is also a potential distortion of the market as
producers of ‘national’ fertilisers must continue to comply with different rules in different
Member States or request mutual recognition before they may place their products on national
markets in other Member States. The intra-EU trade of fertilisers is thus hindered by technical
29
barriers that may not always be fully justified and which are difficult to overcome even with
recourse to Regulation (EC) No 764/2008.
• Administrative burden
Even though requests for mutual recognition for fertilisers are currently limited, public
administrations might be overwhelmed by high numbers of requests for mutual recognition in
the future and they have limited human resources for dealing with such requests and related
market surveillance.
The main problems with the current situation are:
• Only (part of the) mineral fertilisers are harmonised at EU level:

The current EU regulatory framework on fertilisers (Fertilisers Regulation) aims to
ensure the free circulation on the internal market of 'EC fertilisers' i.e. those fertilisers that
meet the requirements of the legislation for nutrient content, safety, and absence of adverse
effects on the environment. The Fertilisers Regulation applies only to inorganic fertilisers for
which harmonisation is however not completely achieved: the evaluation of Regulation (EC)
No. 2003/2003 estimates that 60 to 70% of the inorganic fertilisers in Europe are 'EC
fertilisers'. The estimates made also indicate that organic fertilisers represent about 17% of the
total market value of fertilising materials.
• Other fertilisers and other fertilising materials are not harmonised at EU level:
The placing on the market of other categories of fertilisers is not harmonised as they
are regulated at Member States level in accordance with national legislation. These include
organic and organo-mineral fertilisers, liming materials and products like growing media, soil
improvers and bio-stimulants. National pieces of legislation differ on multiple aspects like:
existence or absence of legislation; varying degrees of stringency; different definitions and
designations of products; different product conformity assessments and labelling
requirements.
• Mutual recognition is unsatisfactory for industry and NCAs:

The mutual recognition Regulation (EC) No 764/2008 does not ensure the intra-EU
free movement of non-harmonised fertilising materials. Firms are sceptical or clearly against
the use of mutual recognition that has created confusion in the market in a way that could
work against harmonisation (in particular unfair competition). The position of most NCAs is
even more negative as they are of the opinion that the mutual recognition Regulation does not
ensure appropriate protection of the environment and public safety and that control
procedures bring significant additional burdens on them.
• Categorisation of fertilising materials becomes problematic:

Categorisation of fertilising materials is becoming an issue as such since innovation
tends to create new blended products or products on the fringes of usually recognised
categories.
• Lengthy procedures for new EC fertilisers:

Procedures to introduce a new 'EC fertiliser' on the market are very lengthy: currently,
‘EC fertilisers’ can only be marketed as belonging to one of the existing fertiliser type
designations laid down in Annex I to the Fertiliser Regulation. If the product does not fit
within any existing designation types, an evaluation dossier must be submitted by industry to
30
a Member State, which assesses whether the demand meets the requirements of the EU
legislation. The technical dossier is then reviewed by all other Member States and the
Commission, before a new fertiliser type is included in Annex I to Regulation (EC) No
2003/2003. According to the evaluation of Regulation (EC) No. 2003/2003 on average, the
entire procedure takes between 18 months and 4 years: this discourages innovation and
creates high administrative burdens and costs for companies and authorities to prepare and
evaluate such dossiers.
• Lack of convergence among NCAs and stakeholders on how to harmonise:

Beyond the fact that most Member States are in favour of an EU-wide regulation of all
fertilising materials, there is no clear view on how this can be implemented, as illustrated in
the evaluation of Regulation (EC) No 2003/2003: this evaluation stresses the absence of
consensus across authorities and stakeholders concerning aspects like: extension or not of this
regulation to other categories of fertilisers, maximum limit values of heavy metals, presence
of pathogens in organic fertilisers, agronomic efficacy criteria in different agro-climatic
conditions, etc.
Who is affected by the problem?

A large number of actors within the EU are affected by the problem, as described in
earlier sections of this report. A distinction can be made between:
• Producers of mineral fertilisers, organic fertilisers and fertilising materials (soil

improvers, growing media, liming materials and bio-stimulants). To identify the
problems encountered by this group of actors, the distinction between large companies
and SMEs (small and medium sized enterprises) has been made;
• Importers (and distributors) of above mentioned fertilising materials;
• Farmers and other end-users (like private households);
• National competent authorities in Member States;
• Consumers who are indirectly affected through the consumption of products from the
agriculture.
The influence of history and of the national situations is also important: the different
Member States have different traditions and practices as regards in particular the requirements
on human safety and protection of the environment: these differences make it extremely
difficult to agree on common EU safety criteria. In some Member States there also remains a
will to keep some flexibility in the choice and/or the use of fertilisers and fertilising materials
and a perception that harmonisation would eliminate this flexibility. This is explained by
different motivations, in particular new demands for the protection of human health and the
environment. The list of competent authorities responsible for regulations in countries
involved in E2BEBIS project are shown below.
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Member State Product contact point details Country code
Ministry of Industry and Trade
EU and Internal Market
Na Frantisku 32
Czech Republic CZ - 11015 Praha 1 CZ
Tel: +420 224 852 470
Fax: +420 224 853 079
Ministry of Economic Development
via Veneto, 33
Italy ROMA IT
Tel. + (39) 06 47 05 1
Ministry of Economy
Department of Economic Regulations
Pl. Trzech Krzyży 3/5, 00-507 Warsaw
Poland PL
Tel.: +48 (22) 693 58 52
Fax.: +48 (22) 693 40 25
Slovak Office of Standards, Metrology and Testing
Department of European Affairs
Štefanovičova 3
P. O. Box 76
Slovakia SK
810 05 Bratislava 15
Tel : + 421 2 5249 3521
Fax : + 421 2 5249 3521
Slovenian Institute for Standardization (SIST)
Šmartinska cesta 152
SI - 1000 Ljubljana, Slovenia
Slovenia SI
Phone: +386 1 478 3068
Fax: +386 1 478 3098
8 BIOCHAR IN THE SCOPE OF REACH REGULATION
The introduction of REACH has widereaching impacts on chemical risk governance as

it has shifted the burden of proof from authorities to industrial sectors, following the principle
of ‘no data e no marketing’. Industries outside the EU have to evaluate and document the
level of risk associated with chemical substances in products prior to their import into the EU
market. Furthermore, the risks associated with manufacture, use and any release to the
environment after use have to be documented prior to marketing. As such, the REACH
regulation is expected to influence the chemical substance flow in products inside and outside
the EU; and thereby, environmental quality and human exposure, not only within EU
countries but also in non-EU countries exporting their products to the EU market. In
respect to the first aim of REACH, which is to improve the protection of human health and
the environment from risks that can be posed by chemicals, a broader perspective taking into
account environmental health (EH) is needed. The health of human beings is influenced by
the quality of the surrounding environment and the services provided by ecosystems in the
region they live in. While ecosystems were formerly assumed to possess unlimited capacity to
assimilate waste, it is now evident that the sustainability of ecosystems is threatened by
degradation and not only by overexploitation of resources.
Historical, existing and emerging pollutants may also affect environmental quality and
cause environment and human health problems. Therefore, REACH should take into account
the differences in territorial environmental qualities caused by historical and existing
industrial activities as well as the resulting differences in background exposure levels to
32
present a worst-case exposure scenario and adopt a precautionary approach to deriving the
predicted environmental concentration (PEC) values. Only by applying such a systemic
approach to the REACH exposure scenario will REACH be able to document its progress
towards the aim of improved protection of environment and human health. Pollutants from
human activities that were, and are presently, being used and released are continuously
moving through the human and natural environment, while being transported and transformed
in abiotic and biotic processes. As such, chemicals may degrade or accumulate according to
persistence, fate, transport, and the detoxifying capacity of the natural system. The transport
routes of hazardous substances to the environment, humans and other non-target
organisms/populations as well as the combined effects from multiple exposures are difficult to
evaluate and prevent by means of a single regulatory tool. This means that REACH alone
cannot cover all sources of exposure or mixture toxicity. In this regard a systems approach is
needed in order to solve the present EH problems. To fulfil the goals of REACH and to
maximize the potential of REACH in contributing to improved protection of the environment
and human health, the possibility of including local environmental quality data in the REACH
exposure assessment tool for deriving PECs is needed.
8.1 Understanding REACH
REACH is a regulation of the European Union, adopted to improve the protection of

human health and the environment from the risks that can be posed by chemicals, while
enhancing the competitiveness of the EU chemicals industry. It also promotes alternative
methods for the hazard assessment of substances in order to reduce the number of tests on
animals. In principle, REACH applies to all chemical substances; not only those used in
industrial processes but also in our day-to-day lives, for example in cleaning products, paints
as well as in articles such as clothes, furniture and electrical appliances. Therefore, the
regulation has an impact on most companies across the EU. To comply with the regulation,
companies must identify and manage the risks linked to the substances they manufacture and
market in the EU. They have to demonstrate to ECHA (European Chemicals Agency) how
the substance can be safely used, and they must communicate the risk management measures
to the users. If the risks cannot be managed, authorities can restrict the use of substances in
different ways. In the long run, the most hazardous substances should be substituted with less
dangerous ones.
8.2 REACH's effect on companies
REACH impacts on a wide range of companies across many sectors, even those who
may not think of themselves as being involved with chemicals. In general, under REACH you
may have one of these roles:
Manufacturer: If you make chemicals, either to use yourself or to supply to other people
(even if it is for export), then you will probably have some important responsibilities under
REACH.
Importer: If you buy anything from outside the EU/EEA, you are likely to have some
responsibilities under REACH. It may be individual chemicals, mixtures for onwards sale or
finished products, like clothes, furniture or plastic goods.
33
Downstream users: Most companies use chemicals, sometimes even without realising it,
therefore you need to check your obligations if you handle any chemicals in your industrial or
professional activity. You might have some responsibilities under REACH.
Companies established outside the EU: If you are a company established outside the EU,
you are not bound by the obligations of REACH, even if you export their products into the
customs territory of the European Union. The responsibility for fulfilling the requirements of
REACH, such as pre-registration or registration lies with the importers established in the
European Union, or with the only representative of a non-EU manufacturer established in the
European Union.
8.3 Substance Identity
Unambiguous substance identification is a pre-requisite to most of the REACH

processes. Actors in the supply chain must have sufficient information on the identity of their
substance.
The following information on the manufactured or imported substance shall be

included in the dossier in order to unambiguously identify the substance:
• Substance name and related identifiers, molecular and structural formulae, if

applicable
• Information on the composition and purity of the substance
• Spectral data and analytical information to verify the identity and composition of
the substance
• Clear and concise description of the analytical methods
The correct identification of a substance will enable, for example:
• The sharing of information by potential registrants and data holders to prevent the
duplication of testing on animals and unnecessary costs
• The assessment of the applicability of test data across companies who registered the
same substance, the assessment of read-across proposals (categorisation approach) or
the use of non test information
• The assessment if a substance is included in the Authorisation List, the list of
restrictions or if its classification and labelling has been harmonised
8.4 How does REACH work?
REACH establishes procedures for collecting and assessing information on the

properties and hazards of substances. Companies need to register their substances and to do
this they need to work together with other companies who are registering the same substance.
ECHA receives and evaluates individual registrations for their compliance, and the EU
Member States evaluate selected substances to clarify initial concerns for human health or for
the environment. Authorities and ECHA's scientific committees assess whether the risks of
substances can be managed. Authorities can ban hazardous substances if their risks are
unmanageable. They can also decide to restrict a use or make it subject to a prior
authorisation.
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8.4.1 Registration
Companies have the responsibility of collecting information on the properties and the
uses of substances that they manufacture or import at or above one tonne per year. They also
have to make an assessment of the hazards and potential risks presented by the substance.
This information is communicated to ECHA through a registration dossier containing the
hazard information and, where relevant, an assessment of the risks that the use of the
substance may pose and how these risks should be controlled. Registration applies to
substances on their own, substances in mixtures and certain cases of substances in articles.
Chemical substances that are already regulated by other legislations such as medicines, or
radioactive substances are partially or completely exempted from REACH requirements.
Registration is based on the "one substance, one registration" principle. This means that
manufacturers and importers of the same substance have the obligation to submit their
registration jointly. The analytical and spectral information provided should be consistent and
sufficient to confirm the substance identity. For substance registration a fee is usually
charged.
8.4.2 Evaluation
ECHA and the Member States evaluate the information submitted by companies to
examine the quality of the registration dossiers and the testing proposals and to clarify if a
given substance constitutes a risk to human health or the environment.
Evaluation under REACH focuses on three different areas:
• Examination of testing proposals submitted by registrants

• Compliance check of the dossiers submitted by registrants
• Substance evaluation
Once the evaluation is done, registrants may be required to submit further information
on the substance.
8.4.3 Authorisation
The authorisation procedure aims to assure that the risks from Substances of Very
High Concern are properly controlled and that these substances are progressively replaced by
suitable alternatives while ensuring the good functioning of the EU internal market.
Substances with the following hazard properties may be identified as Substances of

Very High Concern (SVHCs):
• Substances meeting the criteria for classification as carcinogenic, mutagenic or toxic

for reproduction category 1A or 1B in accordance with Commission Regulation (EC)
No 1272/2008 (CMR substances)
• Substances which are persistent, bioaccumulative and toxic (PBT) or very persistent
and very bioaccumulative (vPvB) according to REACH (Annex XIII)
• Substances identified on a case-by-case basis, for which there is scientific evidence of
probable serious effects that cause an equivalent level of concern as with CMR or
PBT/vPvB substances
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After a two-step regulatory process, SVHCs may be included in the Authorisation List
and become subject to authorisation. These substances cannot be placed on the market or used
after a given date, unless an authorisation is granted for their specific use, or the use is
exempted from authorisation. Manufacturers, importers or downstream users of a substance
on the Authorisation List can apply for authorisation.
9 STATUS OF THE EU APPROVAL AGAINST BIOCHAR
Switzerland has become the first country in Europe to officially approve the use
of certified biochar in agriculture, with the Federal Ministry of Agriculture issuing its
approval on 23 April 2013. The Delinat Institute is given responsibility for controlling
biochar quality and the sustainability of its production.
Following an exceptionally thorough 3-year approval procedure involving the various
research groups of the Biochar Science Network of Switzerland and the Federal Ministries of
the Environment and Health, the Swiss Federal Ministry of Agriculture has issued conditional
approval for the use of biochar in agriculture. Approval is based on strict, scientifically
checked requirements with regard to the sustainability of biochar production, to biochar
quality and to user protection in its application.
In 1984, Japan became the first country worldwide to approve the use of biochar as a
soil conditioner. Switzerland is now the first country in Europe officially authorising biochar
for use in agriculture. Switzerland’s strict quality and sustainability regulations are a major
factor driving the development of biochar technology as a key technology for closing material
cycles. Such regulations are currently missing in the European Union Member States, as well
as in the USA and other countries using biochar in considerable amounts in agriculture.
Looking at the EU, the use of biochar in agriculture is neither clearly regulated nor explicitly
forbidden. In Germany for example, the use of biochar as animal feed is allowed. It can thus
be composted with the manure and applied to fields. In addition, charcoal is allowed as an
additive for fertilisers and soil conditioners. What however is missing is an exact definition of
what can be counted as biochar and which production conditions and thresholds need to be
complied with. With the Swiss approval, we now have an exact definition, along with a
requirement for strict quality controls. As a result of this approval, Switzerland can justify its
leading role not just in the research and application of biochar, but also into its regulatory
approach. Thanks to a number of EU-sponsored research projects such as EBRN, Interreg or
Refertil, we can now hope that a regulatory basis for the sustainable use of biochar will be
created within the next few years, and that the development of a centuries-old agricultural
tradition will not remain limited or even prohibited by fertiliser legislation pandering to the
agri-chemical industry.
9.1 EU funded projects focused on biochar utilization
Biochar as we know is very actual and growing research theme in EU and there a
number of exciting projects underway or in the planning stages. Below is a short summation
of some biochar projects.
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INTERREG IVB North Sea Region
Interreg IVB North Sea Region project "Biochar: climate saving soils". In this
project eleven partners from seven different countries around the North Sea work together in
close harmony to do research on the agricultural applications of a substance called biochar.
The project has two major goals. The first goal is to establish a transnational strategy
for Biochar production and application. The other goal is communicating with and educating
people about biochar, including authorities, producers and end-users. To actually be able to
reach these goals the project partners have developed a very specific communication strategy.
The project aims to contribute to the dissemination of biochar knowledge between various
groups of stakeholders such as academic researchers, farmers, companies and policy makers
on a national and on a transnational level.
REFERTIL
Project title: Development of comprehensive bio-waste transformation and nutrient

recovery treatment process for production of combined compost and bio-char natural
fertilizers and soil amendment products. EU legislation support by definition of improved
compost and biochar standards in the EU27. Improvement of common compost quality
standards and development of new biochar quality standards for the EU 27 by 2013 for
European Union Commission regulation law harmonization support. The aim of the
REFERTIL project is about improved compost standardization and new standard
development for biochar in the EU27, for safer, better, less costly and more environmental
friendly utilization of the EU27 generated 150 M t/y plant/animal biomass waste streams.
FERTIPLUS
Project title: Reducing mineral fertilisers and agro-chemicals by recycling treated

organic waste as compost and bio-char. The Fertiplus consortium has fourteen partners from
six European countries: the Netherlands, United Kingdom, Germany, Belgium, Italy and
Spain. These partners include universities, research organisations and SME’s.
The strategic goal of this project would be to support the European Union by
providing the necessary tools and quality standards for the design and implementation of
future strategies for transitions to a safe and sustainable recycling of urban and farm organic
wastes as fertilizers and soil amendments.
EURO-CHAR
Project title: Biochar for Carbon sequestration and large-scale removal of

greenhouse gases (GHG) from the atmosphere. The EURO-CHAR consortium has 8
partners from 4 European countries. EuroChar will investigate carbon sequestration potentials
that can be achieved by transforming plant biomass into charcoal (or Biochar) and add that to
agricultural soils. Biochar production will be demonstrated using thermochemical (TC) or
hydrothermal carbonization processes (HTC) that can produce energy and store 15 to 20% of
the Carbon originally contained in the biomass.
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EUROPEAN COOPERATION IN SCIENCE AND TECHNOLOGY (COST)
Project title: Biochar as option for sustainable resource management. This COST
Action connects scattered European Biochar research to enable quick implementation of
intelligent material flow management systems, to maintain or improve soil quality while
efficiently sequestering carbon in the long-term. Innovative Biochar strategies can help the
EU mitigating greenhouse gases, while industries and farmers benefit from new markets,
opportunities and use of improved soils, e.g. for biofuel production without endangering food
supply. However, a risk assessment is necessary to protect food web and human health.
Current Biochar research is often fragmented, unnecessarily repeated, and new scientific
evidence is not connected or implemented, due to the lack of interaction and knowledge
exchange. Therefore, this Action aims at coordinating European Biochar research, bringing
together researchers, stakeholders and potential users from EU and candidate countries. Four
working groups will focus on (i) Biochar production and characterisation, (ii) land use
implementation, (iii) economic analysis including life cycle assessment and (iv)
environmental impact assessment. The Action will thus strengthen EU’s leadership in the
increasing competition with non-European Biochar actors.
10 SUMMARY
Biochar application to agricultural soils is an interesting emerging technology with

promising potential for long-term carbon storage, sustainable waste disposal, and soil fertility
enhancement. Extensive information exists in the literature on the highly beneficial properties
of biochar. Nevertheless, systematic application of biochar on European agricultural soils may
have wide ranging policy implications as well as environmental and public health concerns.
Thanks to wide-ranging multidisciplinary research and field trials, the understanding of the
biological and chemo-physical processes involved in the use of biochar has made great
progress. Thus a major increase in the agricultural use of biochar is to be expected for the next
years. Usage ranges from soil conditioning, compost additives and carrier for fertilizers,
manure treatment and litter (bedding) materials to silage additives, feed-additives, medical
applications and others. In this paper we critically review existing scientific evidence from a
European policy perspective and identify research gaps for future comprehensive assessments
of the policy, environmental, economic, and health implications of the systematic use of
biochar in European agricultural soils. Assessing and managing cumulative risks from
multiple sources and stressors pose a challenge in the regulation of chemicals. International
organizations and national governments have used various risk assessment tools for setting
policy goals, analysing cost-benefit aspects, and evaluating substitutes and alternatives.
One example is the European Community regulation on chemicals and their safe use,
called REACH (Registration, Evaluation and Authorization of Chemicals). When it
entered into force in June 2007, REACH was considered the world’s strictest regulation on
toxic chemicals.
REACH is a regulation of the European Union, adopted to improve the protection of
human health and the environment from the risks that can be posed by chemicals, while
enhancing the competitiveness of the EU chemicals industry. In principle, REACH applies to
all chemical substances; not only those used in industrial processes but also in our day-to-day
lives, for example in cleaning products, paints as well as in articles such as clothes, furniture
and electrical appliances. Therefore, the regulation has an impact on most companies across
38
the EU. To comply with the regulation, companies must identify and manage the risks linked
to the substances they manufacture and market in the EU. They have to demonstrate to
ECHA (European Chemicals Agency) how the substance can be safely used, and they must
communicate the risk management measures to the users. REACH establishes procedures for
collecting and assessing information on the properties and hazards of substances. Authorities
and ECHA's scientific committees assess whether the risks of substances can be managed.
The implementation of REACH regulation is detaily described in chapter 8.
Next step is the European Biochar Certificate which is a milestone in the use of
biochar in agriculture. Biochars produced under the certificate’s guidelines fulfil all
production criteria regarding the environment and climate protection. The product guarantee
provided by the certificate covers the ecological supply of biomasses used for the production
of the biochar and the latter’s compliance with government regulations on soil protection. The
intention of the Biochar Science Network in issuing these guidelines on how to gain biochar
certification is first to introduce a control mechanism based on the latest research and
practices. Second, the biochar certificate aims to enable and guarantee sustainable biochar
production. It is introduced to give customers a reliable quality basis, while (third) giving
producers the opportunity of proving that their product meets well-defined quality standards.
Fourth, it aims at providing a firm state-of-the-art knowledge transfer as a sound basis for
future legislation. Finally, it is introduced to prevent and hinder misuse or dangers from the
start, as long as no “special interests” are calling for exceptions (e.g. such as cutting down
native forests to produce biochar). It is high time for a substantial, policy-relevant, research
effort at EU level allowing for the full assessment of all implications of this very promising
technology. Once all the knowledge gaps are bridged a solid legislative framework addressing
biochar may be developed in order to regulate its use at EU level.
39
11 SUMMARY OF EU PROVISIONS RELEVANT TO BIOCHAR
APPLICATION
1) Directive 2008/98/EC of the European Parliament and of the Council of 19 November

2008 on waste and repealing certain Directives (Waste Framework Directive)
2) Directive 2000/60/EC of the European Parliament and of the Council of 23 October
2000 establishing a framework for Community action in the field of water policy (Water
Framework Directive)
3) 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
4) Directive 2001/95/EC of the European Parliament and the Council of 3 December 2001
on general product safety
5) Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009
on the geological storage of carbon dioxide
6) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18
December 2006 concerning the Registration, Evaluation, Authorisation and Restriction
of Chemicals (REACH)
7) Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13
October 2003 relating to fertilisers
8) Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 July
2008 laying down procedures relating to the application of certain national technical
rules to products lawfully marketed in another Member State
9) Commission Decision 2007/64/EC of 15 December 2006 establishing revised ecological
criteria and the related assessment and verification requirements for the award of the
Community eco-label to growing media
10) Commission Decision 2006/799/EC of 3 November 2006 establishing revised
ecological criteria and the related assessment and verification requirements for the
award of the Community eco-label to soil improvers
40
Appendix 1

E2BEBIS Biochar Policy

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Project title

ENVIRONMENTAL AND ECONOMIC BENEFITS FROM BIOCHAR

BIOCHAR STATUS UNDER INTERNATIONAL LAW AND

Author: VSB-Technical University of Ostrava,

1.1 FEEDSTOCK ACQUISITION.............................................................................................................................. 6

2 LEGAL ASPECTS OF BIOCHAR APPLICATION.............................................................................................. 8

4 BIOCHAR AS A CARBON SEQUESTRATION METHOD ............................................................................... 14

5 BIOCHAR AS ENERGY PRODUCER ........................................................................................................... 15

6 BIOCHAR AS SOIL IMPROVER ................................................................................................................. 16

6.1 EUROPEAN BIOCHAR CERTIFICATE ................................................................................................................ 16

7 BIOCHAR AS FERTILIZER ......................................................................................................................... 19

8 BIOCHAR IN THE SCOPE OF REACH REGULATION ................................................................................... 32

8.1 UNDERSTANDING REACH .......................................................................................................................... 33

9 STATUS OF THE EU APPROVAL AGAINST BIOCHAR................................................................................. 36

9.1 EU FUNDED PROJECTS FOCUSED ON BIOCHAR UTILIZATION ................................................................................ 36

11 SUMMARY OF EU PROVISIONS RELEVANT TO BIOCHAR APPLICATION .................................................. 40

Biochar is a fine-grained charcoal-like material, which is generated by heating biomass

1.2 Biochar production

Biochar is manufactured by heating biomass in oxygen-limited conditions. Traditional

The development of a sustainability framework for biochar, employing the approaches

Socio economic Biochar certification Soil and crop

Figure 2. Radial cluster relationship diagram

2 LEGAL ASPECTS OF BIOCHAR APPLICATION

Regulation No Special legislation Directive 2001/95/EC Directive

3 BIOCHAR AS A WASTE OR PRODUCTION RESIDUE

1) Is the material concerned a production residue or a product?

Relation to biochar: The pyrolysis process is intentionally conducted in such a way to

2) Conditions where a production residue would not be a waste

3) Is the further use of the material a certainty not a mere possibility?

4) Can the material be used again without any further processing?

A decision tree for waste versus by-product decisions

Is the intended use of

Tests below apply.

Is use of the material

Is the material ready for

3.2 Analogy with biochar

Is production result of Are qualitative Biochar is not a

4 BIOCHAR AS A CARBON SEQUESTRATION METHOD

Tab. 1 Limit values for sewage sludge

2) Application as compost, soil supporting substance or growing medium in line with a

5 BIOCHAR AS ENERGY PRODUCER

Integration of biochar in heat and renewable-energy production is an opportunity to be

6 BIOCHAR AS SOIL IMPROVER

6.1 European Biochar Certificate

6.1.2 General requirements for biochar production records

6.1.3 Quality assurance and certification

Biochar producers compliance with European Biochar Certificate requirements is

6.2 International Biochar Initiative

6.3 IBI vs. EBC discussion

Feedstock: Positive list Feedstock: No contamination

Regulation (EC) No 2003/2003 of the European Parliament ensure the free

• Only a fraction of the mineral fertilisers sector is harmonised at EU level. There is a

• To harmonise legislation for all fertilising materials (FM) including inorganic

7.1.1 Registration of fertilizers

The applicant is obliged to provide samples required by Control Institute free of

7.1.2 Decision on fertilizer registration

Decision on fertilizer registration contains

a) business name and type of fertilizer

7.1.3 Fertilizer application