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Should biogas be registered according to REACH?

It depends on whether or not the generation of biogas from waste and its burning are regarded as part of waste recovery (in this case the waste legislation would apply) or if biogas is regarded as a substance recovered from waste (in this case the REACH Regulation applies). The actual generation of heat or power may be seen as part of the waste recycling process, or the biogas may be regarded as a substance recovered from waste. In the first case biogas would be exempted from REACH while in the second case the registration requirements of the REACH Regulation principally apply. The criteria for defining when waste after recovery operation is no longer considered to be waste (so-called End of Waste criteria) are currently under development in relation to the ongoing revision of the Waste Framework Directive.