The revised Waste Framework Directive – WFD- establishes certain criteria for when a waste ceases to be waste and can be used as a product (or a secondary raw material). If these criteria are fulfilled, the waste material will no longer be classified as a waste but rather become a product (substance, mixture or an object).
According to Art.6 (1) and (2) of the revised WFD, a waste material may cease to be waste when it has undergone a recovery operation, including recycling, and complies with specific criteria to be developed in line with certain legal conditions, in particular:
- The substance or object is to be 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 a substance or object will not lead to overall adverse environmental human health impacts.
Therefore, companies interested in achieving a non-waste legal status for their waste material shall apply for it to the national competent authority designated for this purpose.
As soon as a material ceases to be waste, waste legislation no longer applies to the material in question. However, standard product legislation applies, including chemical legislations such as EU REACH and EU CLP.
REACHLaw supports companies interested in turning their waste into a non-waste material with both to guide them in the process of getting a non-waste legal status of their waste material from the national authority and to help them to comply with the EU REACH and CLP regulations once a non-waste -legal status of the material in question has been obtained.
- Mapping and identifying substances of concern in recovered product and waste
- Product and waste screening (Authorised and Restricted substances)
- Assessing recovered waste becoming non-waste as EoW material
- Checking compliance with REACH and CLP when placing recovered material on the EU market:
- Registration Services or/and exemption studies for EoW materials
- Checking compliance with EU chemical regulations
- Verifying compliance with CLP for recycled products
- Authorisation services and SVHCs advocacy services
- Chemical – Product- Waste Interface: consulting services.