The European asphalt industry (for more info please visit https://www.eapa.org) has difficulty to accept that “material from bituminous road construction, maintenance and demolition” is placed on any waste list as long as the “waste/non-waste” distinction is not clarified. Furthermore, materials cannot be regarded exclusively as waste due solely to being listed (reference the European Waste catalogue or the OECD list of waste for trans-boundary shipment)

Our industry cannot accept that materials which have been diverted from the final disposal waste stream, prepared and graded according to industry specifications in order to be re-used as constituent material, are placed on the OECD and the EU waste lists.

As long as secondary materials are regarded as wastes only due to the fact that these materials are listed on the green (amber or red) lists, the recovery, processing, trading, transport and final use of these materials will not be actively encouraged.

The final users and consumers of these materials will be considered waste management plants and be consequently submitted to all waste rules including special licensing.

Currently as “waste from bituminous materials” and thus “reclaimed asphalt” is classified as waste, these materials are, despite their non-hazardous “green listing”, submitted to controls, which hamper their acceptance as sound construction materials.

It is also feared in the medium term, because of the bad connotation of the word waste and because of the lack of distinction between “waste” and “non-waste”, that the (international) trade of non-hazardous secondary materials will be submitted to the “self sufficiency and proximity” principles governed by the Basel Convention.

Hence the need to exclude secondary materials from the waste definition.

The asphalt industry therefore proposes that a road material that becomes available during maintenance operations, is to be considered a constituent material and no longer as waste, in case it is used in a production process and in case the application of the material in this process is conform the use of a virgin constituent. The processes which are necessary to make this material suitable for application should not alter the composition, nor the properties, nor the nature of the material.

Based on this compliance, reclaimed asphalt is a constituent material from the moment it is milled or otherwise reclaimed from the pavement. This would also be in line with the efforts which go into the selective reclaiming of this material.

Breukelen, March 1999/Ref.: (99)4-02-00.005