Drawing a Line between European Waste and Chemicals Regulation

This article analyses the fine line between the application of waste legislation and the application of chemicals regulation. If a substance or object ceases to be waste, or is originally a by‐product, how is chemicals regulation applied to the non‐waste material? The article also examines the effects that provisions of chemicals legislation can have with respect to waste legislation and the regulatory possibilities to exclude substances or objects from the concept of waste. The regulation of the residual materials is successful when it promotes the reuse and recovery, reduces the detrimental health and environmental effects of those residual materials, and reduces the costs and environmental harm incurred by the obtaining of the raw materials. Combining the diverging objectives of waste and chemical legislation is challenging but necessary to achieve the transition to a circular economy and the best overall outcome in terms of sustainability.