End-of-waste procedure for waste arising from fuel combustion
On 1 December 2022, regulations enter into force which will enable end-of-waste procedure for waste from fuel combustion. The pre-conditions for end-of-waste procedure are stipulated in the Ordinance of the Minister of the Climate and Environment of 27 October 2022 on determining the specific conditions for the end-of-waste procedure by wastes arising from fuel combustion.
The Regulation defines a closed catalogue of wastes which, having undergone the R5 or R12 recovery process, can become materials or products suitable for producing or manufacturing:
- cement, concrete and binders, foundations, aggregates, bound and unbound mixtures, earthworks;
- synthetic gypsum used to manufacture building materials,
- fertilisers and plant growth aids.
The Regulation indicates the prerequisites to be met before end-of-waste status can be obtained pursuant to Article 14 of the Waste Act. These are shown in the table below:
| Waste type | Used to produce or manufacture | Required criteria | Conditions | |
| wastes from the combustion of fuels which underwent R5 or R12 recovery processes (Annex 1 to the Regulation) | cement, concrete and binders, foundations, aggregates, bound and unbound mixtures, earthworks
| Compliance with the minimum quality criteria set out in Annex 2 to the Regulation | Must not give rise to an imminent threat of environmental damage or environmental damage within the meaning of the Act of 13 April 2007 on preventing and remedying environmental damage | Collecting and testing samples in accordance with § 4 of the Regulation. Samples shall be taken and tested by a properly accredited laboratory within the meaning of Article 5(11) of the Act of 30 August 2002 on the conformity assessment system. The sampling method must meet at least the requirements of PN-EN 14899. A protocol of the examined samples will be drawn up and stored for 5 years. |
| synthetic gypsum used to manufacture building materials | Compliance with the minimum quality criteria set out in Annex 3 to the Regulation | |||
| fertilisers and plant growth aids | Compliance with the requirements set out in regulations on fertilisers and fertilisation for fertilisers or plant growth aids or Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down rules on the making available on the market of EU fertilising products | |||
The Regulation also sets out a template declaration to be submitted by the holder of waste resulting from fuel combustion, to confirm that the conditions for end-of-waste procedure have been fulfilled. The declaration must be kept for a period of 5 years and must be submitted to the relevant authorities in the event of any inspections.
The Regulation also lays down an obligation to operate a management system. This is a set of procedures including: monitoring waste treatment processes and techniques, monitoring compliance with minimum quality levels of materials or products resulting from recovery processes, and personnel training. The obligation to operate a management system enters into force 6 months after the Regulation was formally published.
The text of the Regulation is available here: https://dziennikustaw.gov.pl/DU/2022/2330
SSW analysis:
The possibility for end-of-waste procedure was introduced by the EU Waste Framework Directive. The Directive’s provisions were implemented in Poland in the 2012 Waste Act, which entered into force in 2013. Originally, Article 14 of the Waste Act set out the basic conditions, in accordance with the Waste Framework Directive, which needed to be fulfilled for the end-of-waste procedure by operation of law. However, these provisions led to many interpretative difficulties and the administrative authorities found them difficult to apply without detailed guidance. Authorities rarely acknowledged the end-of-waste procedure in the administrative decisions they issued. Accordingly, following amendments made in 2019 to the Waste Act, a statutory power was added to Article 14 of the Waste Act to enable regulations to be issued to clarify the pre-conditions for end-of-waste procedure for particular wastes.
To date, only two regulations have been issued based on that statutory power:
- Regulation on the specific conditions for end-of-waste procedure for waste arising from fuel combustion; and
- Regulation on the specific conditions for end-of-waste procedure for asphalt waste.
For some time, the waste industry has highlighted the urgent need to regulate the pre-conditions for end-of-waste procedure for alternative fuels, particularly given their energy potential.
SSW actively supports entrepreneurs on issues concerning waste management, including procedures resulting in the end-of-waste procedure and the generation of by-products.
We look forward to working with you!
