Find out when your material achieves end of waste so you can create new products and know waste controls no longer apply.
EU end of waste regulations
You will need check whether your waste derived product needs to meet the requirements of an EU End of Waste Regulation. There are regulations for each of the following waste types:
These are part of retained EU law after Brexit.
If the EU Regulation requirements cannot be met, then it remains waste. If you can meet them, end of waste is achieved.
Meet the end of waste test
If no EU End of Waste Regulation or quality protocol applies to your waste derived product, you need to carry out an end of waste assessment on the basis of the conditions in article 6(1) and the relevant criteria of article 6(2) of the Waste Framework Directive 2008. You must take account of guidance published by the appropriate authority or agency when you decide if a substance or object has ceased to be waste, for the purposes of article 6.
The wording of the directive and the approach we must take to it are summarised in the guidance Definition of waste: 2018 Waste Framework Directive amendments.
In England, Wales and Northern Ireland there are several quality protocols available. They are voluntary end of waste frameworks for specific wastes and end uses based on the relevant end of waste case law.
Check if a quality protocol applies to your operation. What you are doing to your waste must meet the requirements set out in the relevant quality protocol to demonstrate end of waste.
Generally quality protocols:
- ensure the product made from waste does not pose an unacceptable risk to human health or the environment
- increase market confidence in the quality of products made from waste and their potential value
- encourage greater waste recycling and recovery
For guidance on assessing whether excavated materials are classified as waste or not, or when developing or remediating land, you can use the Definition of Waste: Development Industry Code of Practice.
If your waste derived product does not meet the requirements in the relevant quality protocol or meet the end of waste test, it will still be waste so you must comply with waste management controls. If you do not comply you could be committing an offence and face a penalty.
If there is no applicable quality protocol, you will need to assess whether your waste derived product meets end of waste on a case by case basis. The product must meet the conditions in article 6(1) and the relevant criteria of article 6(2) of the Waste Framework Directive 2008 to be considered end of waste.
Definition of waste assessment
Definition of waste (DoW) service suspended
The DoW service will remain closed until 1 September while we finalise changes. This includes providing a new submission form and form guidance, developing a new pre-submission service and changing internal processes to improve service delivery. This is in response to customer feedback.
Businesses can continue to self-assess ‘end of waste’ and ‘by-product’ status of materials using the existing Defra guidance. See Part 2 of the Guidance on the legal definition of waste and its application which includes a guide on how to assess whether materials are likely to be waste or not.
If you have a question about the DoW service suspension email firstname.lastname@example.org.
End of waste: more information
- Legal definition of waste guidance
- Regulation of materials under consideration for a quality protocol
- EU Life+ project EQual: Ensuring Quality of waste derived products to achieve resource efficiency
- Material comparators for end of waste decisions: manufactured fertilisers
- Material comparators to assist in an end-of-waste assessment