The European Union Waste Framework Directive (2008/98/EC) promotes the reduction, reuse, and recycling of materials to move towards a circular economy. This directive introduces concepts such as “by-product” and “end-of-waste status,” which are crucial for transforming waste into resources, closing the material loop, and minimizing their environmental impact.
By now, and to no one’s surprise, we are all aware that we live in a world of limited resources. It is important that we adopt a circular economy and use raw materials more efficiently, reducing waste to a minimum.
This new production and consumption model involves, among other actions, reusing and recycling materials as many times as possible to continue creating value and minimizing waste.
What is a by-product?
In the production processes of many companies, secondary products are generated and treated as waste because they are believed to have no value for the industry. However, some of these companies, aiming to reduce the amount of waste generated and the costs associated with its management, have identified specific uses for this waste, giving it the value it lacked. These wastes can be considered by-products as long as they meet the following conditions:
- They are obtained from a production process whose primary purpose is not the production of that product.
- It is certain that the product will be used.
- It can be used directly in an industrial process without needing prior transformation other than the usual practice.
- All relevant requirements relating to products and the protection of human health and the environment for the specific use are met, and it does not produce adverse impacts on the environment or human health.
What is the end-of-waste status?
A waste can reach the end-of-waste status and be considered a secondary raw material when, after being subjected to a recovery operation (including recycling), it meets the following conditions:
- It must be used for specific purposes.
- There must be a market or demand for the product.
- It must meet technical requirements for specific purposes, existing legislation, and applicable product standards.
- Its use does not generate adverse impacts on the environment or human health.
Is authorization needed for commercialization?
In Europe, to commercialize what was previously considered waste as a by-product or to request the end-of-waste status, it is necessary to obtain authorization from the competent authorities. They will evaluate if the previously described conditions are met before granting the concession. It is important to note that the authorization request procedure varies depending on the Member State, as the Directive has been transposed into the national regulations of each country.
In Spain, Law 7/2022 on waste and contaminated soils for a circular economy establishes how by-product and end-of-waste status authorizations should be requested, in accordance with the Waste Framework Directive.
- By-product Authorization
The company must request authorization from the autonomous community where the by-product is generated and from the autonomous communities where it is marketed.
The Ministry for the Ecological Transition and the Demographic Challenge, on its initiative or at the request of an autonomous community, may authorize a by-product with general scope throughout the Spanish territory.
- End-of-Waste Status Authorization
A waste manager must request authorization from the autonomous community where the recovery operation is carried out and from the autonomous communities where it will be used.
The Ministry for the Ecological Transition and the Demographic Challenge will evaluate the need to develop criteria at the national level.
What documentation is required?
The documentation for requesting authorization may vary depending on the autonomous community or the Member State where the product is to be authorized, but evidence or documentary proof must always be presented to justify that the criteria established in the definitions of by-product or end-of-waste status set out in the Waste Framework Directive are met, such as:
- Uses of the product.
- Product obtaining process.
- Market to which it is intended.
- Compliance with applicable product legislation (REACH registration obligation, CLP classification, etc.)
If you are interested in requesting a by-product or end-of-waste status authorization and do not know what procedures you need to follow, our team of experts will advise you through each step of the process and help you prepare all the necessary documentation, ensuring that your company can benefit from the advantages of efficient and responsible waste management.
