End of Waste: Call to Action and State of Mind

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.
Waste Hierarchy: End of Waste helps stay above the red line

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).

environmental consultant
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