Article 6 / End-of-waste status
Member States shall take appropriate measures to ensure that waste which has undergone a recycling or other recovery operation is considered to have ceased to be waste if it complies with the following conditions:
the substance or object is to be 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; and
the use of the substance or object will not lead to overall adverse environmental or human health impacts.
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Those detailed criteria shall ensure a high level of protection of the environment and human health and facilitate the prudent and rational utilisation of natural resources. They shall include:
permissible waste input material for the recovery operation;
allowed treatment processes and techniques;
quality criteria for end-of-waste materials resulting from the recovery operation in line with the applicable product standards, including limit values for pollutants where necessary;
requirements for management systems to demonstrate compliance with the end-of-waste criteria, including for quality control and self-monitoring, and accreditation, where appropriate; and
a requirement for a statement of conformity.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).
When adopting those implementing acts, the Commission shall take account of the relevant criteria established by Member States in accordance with paragraph 3 and shall take as a starting point the most stringent and environmentally protective of those criteria.
Member States shall notify the Commission of those criteria in accordance with Directive (EU) 2015/1535 where so required by that Directive.
Member States may make information about case-by-case decisions and about the results of verification by competent authorities publicly available by electronic means.
The natural or legal person who:
uses, for the first time, a material that has ceased to be waste and that has not been placed on the market; or
places a material on the market for the first time after it has ceased to be waste,
shall ensure that the material meets relevant requirements under the applicable chemical and product related legislation. The conditions laid down in paragraph 1 have to be met before the legislation on chemicals and products applies to the material that has ceased to be waste.