End of Waste – sounds like a call to action at a rally and maybe it should be.
Directive 2008/98/EC sets the basic concepts and definitions related to waste management, such as definitions of waste, recycling, recovery. It also explains
- When waste ceases to be waste and becomes a secondary raw material (so called end-of-waste criteria)
- How to distinguish between waste and by-products.
Article 28 of the European Communities (Waste Directive) Regulations, 2011, transposes article 6 of the 2008 Waste Framework Directive (2008/98/EC). Article 28 sets out the grounds by which a material which is recovered or recycled from waste can be deemed to be no longer a waste (ie end-of-waste. The article provides for development of end-of-waste criteria in accordance with the following as set out in article 28(1) of the Regulations and article 6 of the Directive:
In order to address Article 28 requirements:
- the substance or object is commonly used for specific purposes;
- a market or demand exists for such a substance or object
- the substance or object fulfils the technical requirements for the specific purposes and meets the existing legislation and standards applicable to products; and
- the use of the substance or object will not lead to overall adverse environmental or human health impacts.
In the absence of end-of-waste criteria set at Community level, article 28(3)(a) of the Regulations allows the EPA to decide on a case-by-case basis whether certain waste has ceased to be waste.
The making of an end-of-waste proposal to the EPA will be a complex process for most materials and may also need to demonstrate compliance with with Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH).
Proposals must be in accordance with guidance prepared by the European Commission which requires a comprehensive assessment with background data for the waste stream covering:
- material flows
- potential uses
- processes applied
- relevant national and international legislation
- quality assurance schemes
- standards and end user specifications
- present market and estimation/scenarios for its evolution
- environmental and health impact
The proposal must provide detailed criteria/controls relating to the following:
- input material
- applied processes and techniques
- product quality
- potential applications
- quality control procedures and quality assurance.
Please contact us to discuss your requirements in relation to Waste, End of Waste (Article 28) and By-Products (Article 27).