The document presents a decision tree for determining whether a material is a waste or a by-product. The tree first considers whether the intended use of the material is lawful and whether it was deliberately produced. If not deliberately produced, it then evaluates whether the use is certain, if further processing is required beyond normal production processes, and if it is produced as an integral part of production. Passing these tests results in the material being classified as a non-waste by-product rather than a waste.

1. Commission of the European Communities-On the Interpretative Communication on waste and by-
products.21.2.2007
A decision tree for waste versus by-product decisions
Is the intended use of
the material lawful?
Was the material deliberately
produced? (Was the
production process modified
in order to produce the
material?)
Then material is
a product, not a
production
residue.
Material is a waste
YES
NO
YES
NO
Material is a production
residue– tests below apply
Is use of the material
certain?
Material is a waste
Material is a waste
Material is a waste
YES NO
NO
YES
Is the material ready for use
without further processing
(other than normal processing
as an integral part of the
production process)?
Is the material produced
as an integral part of the
production process?
Then the
material is a
non-waste
by-product
NO
YES