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
Your first step is to check whether your waste derived product needs to meet the requirements of an EU End of Waste Regulation. There is a regulation for the following waste types:
- iron, steel and aluminium scrap
- glass cullet
- copper scrap
Find the EU End of Waste Regulations on the European Commission website.
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 applies to your waste derived product, you need to make an end of waste assessment on the basis of the relevant case law on end of waste. The Court of Appeal OSS end of waste test generally represents all the case law requirements for the end of waste test.
This test assesses whether:
the waste has been converted into a distinct and marketable product, this means:
- the waste has been turned into a completely new product, for example a playground surface is produced from waste tyres
- the new product is different from the original waste (minor changes to its composition may not be sufficient), for example non packaging plastic recycled material is processed to make new plastic products
- there is a genuine market for the material so it will definitely be used – if its stored indefinitely with little prospect for use the material remains waste
- the processed substance can be used in exactly the same way as a non-waste
- the processed substance can be stored and used with no worse environmental effects when compared to the material it is intended to replace
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’re 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 The Definition of Waste: Development Industry Code of Practice.
If your waste derived product doesn’t 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 using the OSS test.
Use the quality protocol checker
Use the quality protocol (QP) checker web tool to check if your waste derived aggregate or compost is compliant with a QP and is no longer waste.
End of waste assessment
The Environment Agency’s Definition of Waste Panel is temporarily closed to new submissions while we review the service. So you can’t send end of waste submissions for assessment. In England, you can still do a self assessment using the IsItWaste tool.
If you’re operating in other parts of the UK, contact your environmental regulator to find out what services they provide.
Use the IsItWaste tool
Use the IsItWaste tool to work out if your waste derived material is a non-waste by-product, has achieved end of waste or is still a waste. First, read the user guide.
If your product is no longer waste, you may also need to comply with:
- any relevant and applicable product legislation
- the registration, evaluation, authorisation and restriction of chemicals (REACH) regulations
End of waste: more information
- Defra’s legal definition of waste guidance
- Regulatory position statement: 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 for end of waste decisions: Applying waste derived materials to land
Published: 18 March 2014
Updated: 6 March 2017
- The Environment Agency's Definition of Waste Panel is temporarily closed to new submissions while we review the service.
- The Definition of Waste Panel is temporarily closed and isn't receiving any new Definition of Waste submissions. The closure will be reviewed in November 2016. You can still undertake self assessment during this time using the IsItWaste tool.
- Additional content added to clarify the meaning of 'waste has been converted into a distinct and marketable product'.
- Added link to new IsItWaste tool to find out if your material or product is end of waste.
- Use the IsItWaste tool to work out if your waste derived material is a non-waste by-product, has achieved end of waste or is still a waste.
- First published.