By-product

Pursuant to Article 184-bis, paragraph 1, of the Consolidated Environmental Law, a substance or object is considered a by-product and not waste if it meets all of the following conditions:

a) The substance or object is generated by a production process, of which it is an integral part, and the primary purpose of which is not the production of such substance or object;

b) It is certain that the substance or object will be used, in the course of the same or a subsequent production or utilization process, by the producer or by third parties;

c) The substance or object can be used directly without any further treatment other than normal industrial practice;

d) The further use is legal, i.e., the substance or object meets, for the specific use, all relevant requirements concerning products and the protection of human health and the environment and will not lead to overall negative impacts on the environment or human health.  

The burden of proof for this derogation regime lies with the companies, which must therefore carry out careful assessments to demonstrate that a production residue is, in all respects, a by-product and not a waste. It should be remembered that an error of assessment in this regard can have very serious repercussions, potentially opening up scenarios of criminal proceedings for environmental crimes.

Our consultancy, structured according to the needs of each individual company, involves the assessment of the existence of the four requirements listed above, in order to determine whether a production residue can or cannot be considered a by-product. We therefore deal with:

• In-depth analysis of the production process;
• Verification of the actual use and methods of use by the eventual purchaser;
• Evaluation of the product regulations applicable to the production residue and verification of its conformity;
• Toxicological and eco-toxicological assessment.