Waste by any other name? National end‐of‐waste rulings and waste shipments

Transitioning to a circular economy is one of the main environmental objectives of the European Union. The circular economy aims to achieve more efficient resource utilisation, minimisation of waste and harnessing waste as a raw material. Moreover, many circular economy provisions lay down requirements and objectives for increased recycling rates. Optimal recycling rarely happens within the confines of one Member State and many times waste‐based materials are shipped to other Member States for treatment and recycled materials are sold to actors in other Member States. Although waste materials are subject to free movement of goods, Member States do not always have mutual understanding on whether these materials are waste or not. In most cases, waste‐based materials need to cease to be waste (End‐of‐Waste) before they can be efficiently used as raw materials in products. The lack of mutual recognition of End‐of‐Waste status between Member States can hinder the achievement of circular economy objectives. This article examines the possibility for the mutual recognition of national End‐of‐Waste rulings and suggests approaches to promote streamlined shipments of waste‐based substances and objects between the Member States.