End-of-Waste – evidence of a market
SOURCE: CIWM, JULY 2009
The Environment Agency recently issued a briefing note announcing that it had altered its former stance that recovered material under the Quality Protocols scheme only ceases to be waste once it has been dispatched to the customer. It has now decided that there should be no distinction between processed material awaiting despatch and processed material that has already been despatched.
In law, of course, there never was such a distinction. The end-of-waste test requires only that you produce a marketable product that can be used in the same way as an ordinary (i.e. non-waste-derived) product, with no worse environmental effects. Note the word “can” – not “is”.
The legal test requires some evidence of a market to avoid sham production of alleged products which are simply stockpiled (outside waste controls) and never intended for consumption.
But the process of physical delivery to the customer was never required. And this approach is reflected in Article 6 of the new Waste Framework Directive (2008/8/EC), which states that “certain specified waste shall cease to be waste when it has undergone a recovery operation and complies with specific criteria to be developed” in accordance with various conditions, including that “a market or demand exists” for the substance or object.
The EA’s new enlightened approach is to be welcomed as a sign of a more flexible and accommodating attitude to waste-derived products.
AUTHOR: Vincent Brown
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