End of waste or by-product status?
The end-of-waste and by-product concepts is another step towards the circular economy, and both proposed measures aim to ensure the protection of the environment and human health. This reduces the use of non-renewable natural resources and reintroduces the materials contained in waste into the production cycle as secondary raw materials.
End of waste status
Directive 2008/98/EC on waste (more commonly known as the Waste Framework Directive) integrates the notion of End-of-Waste (EoW) by setting out conditions, which materials that fulfil the definition of waste can achieve a non-waste status, and thus fall outside the scope of the waste legislation. Waste sall cease to be waste when it has undergone a recovery operation. The following set of conditions, as laid down in regulation 6 of the Waste Regulations, are to be complied with in order for waste to reach end-of-waste status:
- 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.
- The use of the substance or object will not lead to overall adverse environmental or human health impacts.
- The substance or object shall be accompanied by a declaration as set out in Schedule 10 of the said Regulations.
The European Commission has so far established EoW criteria for the following materials:
Byproduct status
We obtain byproduct during the process of production of goods. Unlike waste, byproduct happens to be of use. We may consume it in some process or sell it. If we reuse or recycle a material at the place of generation it is a byproduct.
Also, a byproduct is as good as a product in following contexts:
- Feasibility.
- Impact on nature.
- Risks involved in all possible end use scenarios.
A by-product is a material resulting from a production process, the purpose of which is not the production of that material, and can be considered a by-product when the following requirements are met:
- That there is certainty that the material is to be further used.
- The material can be used directly without further processing other than normal industrial practice.
- The material is produced as an integral part of a production process.
- The subsequent use complies with all relevant requirements relating to the product as well as to the protection of human health and the environment, and does not lead to overall adverse impacts on human health and the environment.
The by-product prevents a material discarded in a production cycle from becoming waste.
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