§3.1.1 Step 1: Is the WFD applicable?

Before a waste can be classified, it should be checked whether WFD is applicable at all: — first, it has to be ascertained whether the substance or object in question is waste (as defined in the WFD). Determining whether the object or substance in question is considered waste in the sense of the WFD is a precondition for a further assessment regarding its hazardousness. For this particular assessment, the WFD Guidance provides guidance on the key definition of ‘discarding’ under the WFD, and related concepts under the WFD such as ‘by-product’ and ‘end-of-waste’. — second, it has to be checked whether certain specified waste streams are excluded from the scope of the WFD. Even if the substance or object is considered waste, it has to be assessed whether one of the exclusions from the scope laid down in Article 2 WFD applies. The text of Article 2 WFD is provided in the box below. Detailed guidance on selected exclusions is provided for in the WFD Guidance. In case an assessment leads to the result that an exclusion applies, neither the WFD nor the LoW apply (a special case is the Extractive Waste Directive as described in chapter 2.1.5; which is outside the scope of the WFD, yet under the circumstances mentioned in that Directive, waste has to be classified in line with the LoW). All waste streams not explicitly excluded by the WFD are to be classified according to WFD and LoW, and thus according to the approach outlined in this technical guidance note. This includes cases where additional legislation exists for a particular waste stream (such as for waste electrical and electronic equipment (WEEE) in the case of the WEEE Directive 2012/19/EU (22) or for waste batteries in the case of the Batteries Directive 2006/66/EC (23)), as mentioned in Article 2(4) WFD. Directive 2008/98/EC Article 2 — Exclusions from the scope 1. The following shall be excluded from the scope of this Directive: a. gaseous effluents emitted into the atmosphere; b. land (in situ) including unexcavated contaminated soil and buildings permanently connected with land; c. uncontaminated soil and other naturally occurring material excavated in the course of construction activities where it is certain that the material will be used for the purposes of construction in its natural state on the site from which it was excavated; d. radioactive waste; e. decommissioned explosives; f. faecal matter, if not covered by paragraph 2(b), straw and other natural non-hazardous agricultural or forestry material used in farming, forestry or for the production of energy from such biomass through processes or methods which do not harm the environment or endanger human health. 2. The following shall be excluded from the scope of this Directive to the extent that they are covered by other Community legislation: a. waste waters; b. animal by-products including processed products covered by Regulation (EC) No 1774/2002, except those which are destined for incineration, landfilling or use in a biogas or composting plant; c. carcasses of animals that have died other than by being slaughtered, including animals killed to eradicate epizootic diseases, and that are disposed of in accordance with Regulation (EC) No 1774/2002; d. waste resulting from prospecting, extraction, treatment and storage of mineral resources and the working of quarries covered by Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries. 3. Without prejudice to obligations under other relevant Community legislation, sediments relocated inside surface waters for the purpose of managing waters and waterways or of preventing floods or mitigating the effects of floods and droughts or land reclamation shall be excluded from the scope of this Directive if it is proved that the sediments are non-hazardous. 4. Specific rules for particular instances, or supplementing those of this Directive, on the management of particular categories of waste, may be laid down by means of individual Directives. Box 11: WFD Article 2 — Exclusions from the scope

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07