By-product

Definition: a substance or object resulting from a production process the primary aim of which is not the production of that substance or object is considered not to be waste, but to be a by-product if [all] the following conditions are met:

  • further use of the substance or object is certain
  • the substance or object can be used directly without any further processing other than normal industrial practice
  • the substance or object is produced as an integral part of a production process; and further use is lawful, i.e.,
  • the substance or object fulfils all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts.

Source: 2008/98/EC, Waste Framework Directive (version 18/02/2024)

Type of source: Legal

CLEPA Comments:

  • Comment 1: reutilization of By-Product materials such as rework, regrind or production scrap materials generated within the process and capable of being reused within the same process that generated it shall not be considered as Pre-Consumer materials.
    Following sketch depicts simplified material streams in a production process.
  • Comment 2: term “by-product” is not included in the ELV revision.