Quality protocols and resource frameworks: rules for all end of waste frameworks
Updated 18 January 2021
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This publication is available at https://www.gov.uk/government/publications/quality-protocols-qps-rules-for-all-qps/quality-protocols-qps-rules-for-all-qps
1. Assess if your material is waste
If you are the producer or holder of a material and you are unsure whether it is waste or not, you can use the guidance on how to check if your material is waste to assess the status of your material. A material can include any substance or object.
2. Waste management control rules
You must still apply waste controls until the point the material is no longer waste. Make sure you have the correct authorisation in place for the transport, storage, handling and treatment of waste from the relevant environmental regulator.
There is no legal duty to comply with a quality protocol or resource framework. But if you do not, you must continue to treat any waste derived material as waste. You must comply with waste management controls for its storage, handling, transport, use and disposal. If not, you may be committing an offence.
3. Non-waste product rules
When you produce a non-waste product you may need to comply with laws from which you were previously exempt.
For example, waste is exempt from Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation. When you turn waste into a non-waste product, this exemption no longer applies.
4. Imports and exports
Although the quality protocol or resource framework product may cease to be waste in England, Wales and Northern Ireland, other countries may take a different view.
Check the Waste Shipment Regulations (EC/1013/2006), and with the competent authority in the country of export or import to see whether waste controls apply.
4.1 European Union (EU) equivalent standards
Countries within the EU may recycle waste derived material using their own codes of practice or standards.
The UK government accepts that the same materials from EU countries may cease to be waste if processing and production follow either:
- a relevant standard or code of practice developed by that country
- an international standard or technical regulation adopted by that country
These must give levels of product performance, and protection of human health and the environment, equal to those of UK quality protocols or resource frameworks.
5. Updating the quality protocol or resource framework
The environmental regulators will review and update a quality protocol or resource framework when appropriate. Make sure you check the GOV.UK for for the latest versions of frameworks for converting waste into non-waste products.
A framework may be reviewed when there is a:
- pollution incident
- change in the market
- change in legislation or case law
- change to the agreed European standard
- change in the understanding of the chemical composition or physical properties of the material
A quality protocol or resource framework may be withdrawn if it is being misapplied or misused, or both.
6. Environmental regulators
6.1 England
6.2 Northern Ireland
Northern Ireland Environment Agency