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:
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
End of waste is a process to facilitate the recovery or recycling of waste for use as a resource, to directly replace the use of raw materials. The NIEA provides a view by assessing each submission against the following:
- Waste law principles
- Waste Framework Directive
Please see the links below to the End of Waste submission form and guidance. The detailed End of Waste guidance explains the information and the level of detail that must be supplied, to satisfy each of the elements of Article 6 of the Waste Framework Directive. The guidance explains the requirements, to produce a complete submission.
For further information on End of Waste submissions please contact NIEA on (028) 9056 9359
The NIEA will review submissions and offer a view about whether the material satisfies the “End of Waste” test.
Please note that the views provided are specific to each submission. There is no charge associated with this process and there is no appeal process in relation to the view offered, as NIEA are merely providing a view based on the information submitted. Please also note that only a court can provide a definitive view, based on the information provided for a case it is considering.
As a public authority we are subject to requests under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations (EIR) 2004. If you consider that any of the information within your submission is confidential, it is important that you understand that as a public authority we are obliged to disclose information that we hold, when we are subject to requests under this legislation.