Article 37.

A substance or object resulting from a production process, the primary aim of which is not the production of that substance or object, may only be regarded as a by-product and not as waste if the following conditions are met:


further use of the substance or object is certain;


the substance or object can be used directly without any further treatment other than normal production practice;


the substance or object is produced as an integral component of a production process;


its further use is lawful, i.e. the substance or object fulfils all product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts.