End of waste regulations

Article 6 of the Waste Framework Directive 2008/98/EC details conditions to be satisfied for a certain specified waste to cease to be waste, namely:

• the substance or object is used for specific purposes;
• a market or demand exists for such a substance or object;
• the substance or object fulfils the technical requirements for the specific purposes and meets the existing legislation and standards applicable to products;
• the use of the substance or object will not lead to overall adverse environmental or human health impacts

End of waste can normally be determined using one of three methods:

• compliance with end of waste regulations
• meeting a quality protocol
• a successful determination for an end of waste submission

End of Waste regulations

The European Commission (EC) has adopted three End of Waste regulations:

• Scrap iron, steel and aluminium
• Glass Cullet
• Copper Scrap

For these materials to cease to be waste the following applies:

• a specified quality criteria must be achieved and a producer or importer must be able to issue a statement of conformity
• a certified quality management system must be in place which can demonstrate compliance with the quality criteria

Quality protocols

The quality protocols set out how to fully recover wastes and turn them into quality products.

It defines the point at which waste ceases to be waste and can be used as a product without the requirement for waste management controls. By following quality protocols, producers can create sustainable resources in which end users can have confidence.

The project is a partnership between the Environment Agency, WRAP (Waste & Resources Action Programme), NIEA and Welsh Government.

Compliance with Quality Protocols is voluntary. If producers do not comply with the quality protocol in full, the waste will still be regarded as waste and the onward transfer and use of the waste will be subject to the requirements of the Waste Management Licensing Regulations (Northern Ireland) 2003 and Amendments.

The NIEA has published the following Quality protocols:

• compost
• anaerobic digestate
• poultry litter ash
• gypsum
• biodiesel
• pulverised fuel ash
• processed fuel oil
• aggregates
• tyre derived tubber materials

Quality protocols set out end of waste criteria for the production and use of a product from a specific waste type. Compliance with these criteria is considered sufficient to ensure that, the fully recovered product may be used without undermining the effectiveness of the Waste Framework Directive and therefore without the need for waste management controls.

NIEA has also produced the following Regulatory Position Statement (RPS). The RPS states, if all the requirements of a specific Quality Protocol, which is in place in England and Wales but not Northern Ireland, are satisfied, an operator is not required to submit a bespoke End of Waste submission. The NIEA is content for operators in Northern Ireland, to utilise the additional Quality Protocols in place in England and Wales, as means to achieve End of Waste. The RPS is available on the following page:
Regulatory Position Statement - Utilising additional quality protocols in place in England | daera-ni.gov.uk

End of Waste submissions

Due to current resourcing constraints the Northern Ireland Environment Agency (NIEA) End of Waste submission service has been suspended from February 2025.

Whilst there is no statutory requirement for the NIEA to provide this service the NIEA recognise the importance of seeking ways for waste producers to increase recycling and reuse of waste materials, supporting circular economy goals and end of waste objectives.    

Businesses or individuals seeking bespoke End of Waste decisions should consider alternative routes, such as demonstrating compliance with established regulatory legislative frameworks.

In most cases, the decision about whether a material is or is not waste is straightforward. Managing waste classification is the responsibility for the waste producer and guidance on this remains available through the Northern Ireland Waste Classification Technical Guidance WM3.

Any consideration of End of Waste status of a material must be done with regard to the conditions of Article 6(4) of the revised Waste Framework Directive namely:

• the substance or object is used for specific purposes.
• a market or demand exists for such a substance or object.
• the substance or object fulfils the technical requirements for the specific purposes and meets the existing legislation and standards applicable to products.
• the use of the substance or object will not lead to overall adverse environmental or human health impacts.