Fuel component generated from oil-containing wastes has to comply with the requirements established in the draft regulation

Establishment of end-of-waste criteria for oil-containing wastes

In EU law, a distinction is drawn between the waste regime and the production regime on the basis of the waste legislation of the European Union (hereinafter: EU) (Waste Framework Directive 2008/98/EC, etc.). The waste regime means that waste may only be handed over to a person who has a waste permit (or an equivalent permit), a waste report must be submitted on its use and all requirements regulating waste operations must be met. Waste management requirements do not apply when waste is used in the production regime. In general, the products may be handed over and made freely available on the market, taking into account the additional requirements or restrictions imposed on a particular product.

Article 6 of the Waste Framework Directive (2008/98/EC) provides general end-of-waste requirements. Under these requirements, wastes cease to be wastes when they have undergone a recovery operation and the result complies with specific criteria. The Waste Framework Directive allows, at both EU and Member State level, the end-of-waste criteria to be established directly under waste law in accordance with general principles. These have been established at EU level, for instance, in the case of black and coloured scrap metal and cullet. According to the Waste Act, such rules on the end-of-waste status have been established for compost produced from separately collected bio-waste and digestate resulting from biogas production, as well as for the product resulting from sewage sludge and oil shale separated from mining waste.

Introduction of this regulation is required in order to increase recycling of oil-containing wastes. Oil-containing wastes are essentially oil products or shale oil and are suitable for use with fuels after treatment. The composition of the wastes may vary and the wastes may contain different hazardous substances. The regulation will establish such requirements that wastes which comply with these requirements are a material which can be used in fuel production and its combustion together with fuel has no additional negative impact on the environment and human health. Use of wastes for a useful purpose is important, as they replace other materials (e.g. fuel) that would otherwise have been used for such purpose.