Waste definition in the Circular Economy Act (CEA)
According to the definition of waste in the CEA, waste is any material or object which the owner discards, intends to discard or is obliged to discard. Waste for recovery is waste that is recovered. Waste that is not recovered is waste for disposal. Substances or objects that are neither purposefully produced nor used for a specific purpose are also waste.
According to Article 3 para. 2 CEA, disposal requires concrete behavior. This is the case if the waste holder transfers substances or objects
- to a recovery operation within the meaning of Annex 2 CEA,
- disposal operation within the meaning of Annex 1 CEA, or
- the actual material control over them is relinquished and the further purpose ceases to apply.
Distinction between waste and non-waste (products)
Substances and objects that can be used directly and without harmful environmental impacts for their original purpose as products, goods or raw materials without further treatment in the sense of a recovery operation pursuant to Annex 2 of the CEA are generally not waste. The prerequisite for this is that the items in question are comprehensibly provided with the above-mentioned purpose and are actually assigned to an appropriate use or are handed over for this purpose.
The German Electrical and Electronic Equipment Act (EEEA) introduced a reversal of the burden of proof for electrical equipment in Article 23 in conjunction with Annex 6. Whoever transports used electrical or electronic equipment shall ensure that such equipment is accompanied by documents proving that the equipment in question is not old equipment (i.e. waste) and that it is adequately protected from damage during transport and loading and unloading, in particular by adequate packaging and suitable stacking of the load.
Distinction between waste and by-products
Article 4 of the CEA contains a regulation on the distinction between waste and by-products. According to this, a substance or object that is the result of a production process without its production being the main purpose of the process is only considered a by-product and not a waste if the following (i.e. all) conditions are cumulatively met in the specific case:
- it is ensured that the substance or object is further used,
- the substance or object can be used directly, without further processing beyond normal industrial processes,
- the substance or object is produced as an integral part of a manufacturing process, and
- the further use is lawful, i.e. the substance or object meets all relevant product, environmental and health requirements for the particular use and does not lead to overall adverse environmental or health impacts.
End-of-waste
Article 5 of the CEA regulates whether and under what conditions a waste can be released from the waste regime. The end of waste status is systematically linked to the recovery and disposal obligations under waste legislation. The status of waste ends for certain specified wastes when they have undergone a recovery procedure and also fulfil specific criteria. The following conditions must all be present at the same time in the specific case:
- The substance or object is to be used for specific purposes,
- there is a market for or demand for the substance or object,
- the substance or object meets the technical requirements for the specific purposes mentioned and complies with existing legislation and standards for articles, and
- the recovery of the substance or object does not lead to overall adverse environmental or health impacts.
In addition, the substances or articles must comply with the relevant requirements of chemicals and product legislation. This includes compliance with relevant quality criteria and, where necessary, pollutant limits for the end-of-waste status of materials obtained through the recovery process.
End-of-Waste Regulations of the EU
The EU has adopted three end-of-waste regulations, a End-of-Waste Regulation for iron, steel and aluminium scrap, a End-of-Waste Regulation for cullet and a End-of-Waste Regulation for copper srap. In addition, some EU Member States have national end-of-waste regulations, such as Austria for recycled wood, recycled building materials, substitute fuel products and composts.
It is important that the producer of the materials with end-of-waste status applies a quality management system and proves with a declaration of compliance for each consignment that all required criteria of the End-of-Waste Regulation are met. The producer has to pass on the declaration of compliance to the next owner of the material.