FEAD’s key messages for a streamlined and solid end-of-waste framework

FEAD’s priority for the Circular Economy Act (CEA) is to make the internal market for waste and recycled materials predictable, integrated, and competition friendly. In relation to the EU’s end-of-waste framework, FEAD highlights three main challenges:

1. Recycled materials are still often treated as waste even after full processing, posing a direct barrier for trade in the single market.
2. Specific EU end-of-waste (EoW) criteria are unfairly held hostage to certain commercial interests. The Commission must ensure that the overriding public interest prevails in such cases.
3. Careful balancing of industrial and environmental interests is needed. EoW rules that are not achievable and even stricter than rules for virgin materials are discriminating recycling activities and are a loss of resources because they will not be used.

FEAD’s key recommendations for the CEA:

Urgent streamlining of EU-wide EoW criteria. One of the most persistent regulatory obstacles facing the circular economy is the fragmented and inconsistent approach to EoW across the EU. The priority must be to establish EU-wide EoW criteria and streamline this process.

Additionally, the Commission should accelerate the adoption of those EoW criteria under development and prioritise key additional waste flows, such as paper and cardboard, compost & digestates, incineration bottom ash and gypsum. In this process, the Commission should allow and encourage industry-led technical dossiers (standards, best practices, performance data) to complement JRC work and reduce bottlenecks.

Mutual recognition where no EU EoW exists. In cases where EU-wide criteria do not yet exist and in view of their development, mutual recognition of national EoW should be enforced. This should be done in consideration of the Waste Framework Directive and under clear safeguards to avoid a ‘race to the bottom’:

• Recycled materials that meet established EoW criteria in one Member State should be eligible for recognition in other MS, unless there is a clear, justified reason for refusal that is motivated within a short timeframe (tacit approval principle).

• Nationally developed criteria could be subject to a (simple) review process by the Commission, after which they would be included in an EU registry of approved EoW resolutions. A key aspect of this review process would be ensuring that the EoW criteria meet the requirements of Article 6 of the WFD. Since Member States are already required to inform the Commission when developing national EoW criteria, this process could be formalised to ensure better alignment with EU legislation and minimum environmental and quality standards. This would help build trust and consistency among operators across Member States but should not add excessive administrative burden.

National, local and case-by-case EoW are still essential because of the enormous diversity of potential EoW, especially at local level. Abolishing them without having EU-wide EoW brings no benefits and would hamper innovation.

FEAD, the European Waste Management Association, represents the entire waste management value chain, from collection and sorting to recycling, energy recovery, and final disposal. It brings together the private waste and resource management industry across Europe through its 21 national member associations and associate members, which collectively represent over 3,000 companies. Together, the sector provides more than 500,000 local jobs and fuels €5 billion in investments into the economy every year. For more information, please contact: info@fead.be