Waste, Fertilising Product, or Something Else? EU Regulation of Biochar

Abstract

The Intergovernmental Panel on Climate Change Sixth Assessment Report (report) on mitigation of climate change brought greenhouse gas removals (GGRs) under the spotlight. The report relied on the use of GGRs in all models suggesting how to comply with the Paris Agreement's temperature targets. The EU has adopted specific legislation to address one of the more technologically mature GGR methodologies - biochar - and its waste status dilemma. Here, biochar is analysed in more detail, focusing on the EU waste regime and the potential absolution of biochar from EU's waste obligations. Additionally, the recently enacted Fertilising Products Regulation (EU/2019/1009) is investigated, and its approach to label biochar a fertilising product. Ultimately, this study identifies regulatory inconsistencies and shortfalls of EU law as pertains to biochar's waste status, and recognises the need to establish a more comprehensive regulatory treatment of biochar that acknowledges its multifaceted nature, including helping the EU, and its member states to reach net zero.