Circular economy

Waste & by-products

Almost all areas of production involve the creation of materials that, according to the design of the production process, are not intended to be marketed as the main product or cannot be marketed as the main product due to losses, damage, defects or other deviations from product specifications.

For all these materials, the question arises as to whether they are waste subject to waste legislation or by-products that are exempt from waste legislation and can also be placed on the market as (by-)products in accordance with the provisions of product law. From a circular economy perspective, classification as a by-product is desirable in order to contribute to waste prevention from the outset.

The waste management industry undertakes diverse and intensive efforts to recover waste by recovering objects, materials and substances. Both the recycling industry and waste-to-energy recovery make a significant contribution to resource conservation and the circular economy – and thus to the achievement of climate protection goals. In the case of many pre-treated and processed waste materials, the question arises as to whether they have already reached the end of their life as waste and can therefore no longer be classified as waste, and can thus be managed as secondary objects, materials or substances without waste characteristics. In this way, for example, recyclates without waste characteristics can be produced and recycling quotas can be met. Achieving end-of-waste status is an essential prerequisite for waste management to make an even greater contribution to the further development of the circular economy.

We have extensive experience in the complex issues surrounding by-products and end-of-waste materials. We are familiar with the intensive and far-reaching links between circular economy regulations, product law requirements and technical standards. We are also very familiar with the diverse connections between by-products and end-of-waste materials and the concept of recycled materials, and thus with the binding requirements for the use of recycled materials in the manufacture of new products that are expected to come into force in the future.

Please also refer to our case law report on waste law and our client information on current developments in the field of by-products and end-of-waste materials.

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