(1)

Annex V to Regulation (EC) No 1907/2006 contains a list of substances that are exempt from the obligation to register in accordance with Article 2(7)(b) of that Regulation.

(2)

Digestate is a residual semisolid or liquid material that has been sanitised and stabilised by a biological treatment process, of which the last step is an anaerobic digestion step, and where the inputs used in that process are biodegradable materials originating only from non-hazardous source segregated materials, such as food waste, manure and energy crops. Biogas resulting from the same process as digestate or from other anaerobic digestion processes, as well as compost resulting from the aerobic decomposition process of similar biodegradable materials, are already listed in Annex V to Regulation (EC) No 1907/2006. Therefore, digestate that is either not waste or has ceased to be waste should also be listed in that Annex, as it is inappropriate and unnecessary to require that substance to be registered and as its exemption from Titles II, V and VI of Regulation (EC) No 1907/2006 does not prejudice the objectives of that Regulation.

(3)

So far, no registrations have been submitted for digestate. The listing of digestate in Annex V of Regulation (EC) No 1907/2006 should clarify that digestate is exempted from registration, for reasons analogous to those that justify the existing exemption of compost and biogas, thereby removing uncertainties encountered by producers and users of digestate and by enforcement authorities.

(4)

Annex V to Regulation (EC) No 1907/2006 should therefore be amended accordingly.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 133 of Regulation (EC) No 1907/2006,