Weibold Academy: France opens a new chapter for tire pyrolysis oil in Europe

Weibold Academy article series discusses periodically the practical developments and scientific research findings in the end-of-life tire (ELT) recycling and pyrolysis industry.

Claus Lamer

These articles are reviews by Claus Lamer – the senior pyrolysis consultant at Weibold. The reviews aim to give industry entrepreneurs, project initiators, investors, and the public a better insight into a rapidly growing circular economy. At the same time, this article series should stimulate discussion.

For completeness, we would like to emphasize that these articles are no legal advice from Weibold or the author. Please refer to the responsible authorities and specialist lawyers for legally binding statements.

How the First End-of-Waste Decree for TPO Is Reshaping Circular Chemistry

For more than a decade, the European tire pyrolysis sector has lived with a paradox. Technically, pyrolysis (or pyrolysis) of end-of-life tires (ELTs) has demonstrated its ability to recover valuable hydrocarbons and return them to the chemical value chain. Legally, however, the main product – tire pyrolysis oil (TPO) – often remained burdened with the classification of “waste,” even when it was demonstrably used as a substitute for fossil feedstocks in petrochemical applications. This legal ambiguity has been one of the central barriers to industrial scale-up, financing, and long-term offtake agreements.

With the adoption of Decree NOR: TECP2528362A, France has fundamentally altered this situation. By becoming the first EU Member State to introduce a dedicated End-of-Waste (EoW) framework for ELT-derived pyrolysis oil used as a raw material (non-energy recovery, valorisation matière), France has established a regulatory reference point that extends far beyond its national borders.

From Waste Law to Chemicals Law: A Crucial Regulatory Shift

The legal foundation for this development lies in the EU Waste Framework Directive (WFD) 2008/98/EC, which allows waste to cease being waste once specific conditions are fulfilled. These conditions are conceptually clear, but their application to complex outputs, such as pyrolysis oils, has remained uncertain. France has now translated these abstract criteria into a concrete, enforceable framework tailored specifically to ELT pyrolysis.

Importantly, the decree does not operate in isolation. It explicitly links waste law to chemical legislation, most notably REACH. TPO placed on the market under the decree must comply with Regulation (EC) No 1907/2006, and this is more than a formal requirement. Tire pyrolysis oil is already REACH-registered under EC numbers 948-949-8, a fact of high legal and practical relevance. Under REACH, waste cannot be registered. The existing registration, therefore, already reflects a de facto recognition of TPO as a substance placed on the market, not merely a waste. The French decree can thus be understood as aligning waste regulation with an existing reality under chemicals law, closing a long-standing regulatory gap rather than creating a new status from scratch.

What the French Decree Achieves in Practice

The decree defines the precise conditions under which pyrolysis oil produced from end-of-life tires ceases to be waste when destined for use as a raw material (non-energy recovery, valorisation matière) in petrochemical or chemical installations. The focus is deliberately placed on high-value material substitution, not on energy use. Only installations subject to the Industrial Emissions Directive (IED) qualify as users, ensuring that downstream processing occurs in tightly regulated industrial environments.

By restricting the scope to ELT-derived oil and to use as a raw material (non-energy recovery, valorisation matière) routes, France clearly positions tire pyrolysis within the broader policy agenda of chemical recycling and circular carbon management.

Feedstock Integrity as the Basis of Trust

A central element of the decree is its uncompromising approach to feedstock quality. Only non-hazardous end-of-life tires (ELTs) are permitted. Other plastic wastes, WEEE-derived materials, and any waste streams with a risk of introducing persistent organic pollutants or brominated flame retardants are explicitly excluded.

This choice is not merely technical; it is strategic. It reinforces the distinction between dedicated ELT pyrolysis and generic mixed-waste pyrolysis, addressing a key concern of regulators and petrochemical offtakers alike. In doing so, France strengthens confidence that TPO from ELTs is a predictable, controllable material stream.

Industrial Control

The decree acknowledges that End-of-Waste status is achieved through industrial control, not laboratory ideals. Operators must run permitted installations, apply structured quality management systems, ensure staff competence, and maintain full traceability from incoming tires to outgoing oil batches.

Product Quality and Chemical Composition

The quality requirements defined in the decree are robust yet realistic. Clear limits are set for sulphur, nitrogen, oxygen, halogens, and metals, reflecting both the inherent chemistry of ELTs and the tolerance of downstream petrochemical processes. These limits ensure compatibility with steam crackers and chemical units without imposing unrealistic purification requirements.

An additional aspect, often overlooked in regulatory discussions, is the dual nature of TPO. Tire pyrolysis oil consists of both a biogenic fraction – originating mainly from natural rubber – and a fossil fraction, derived from synthetic elastomers and additives. This mixed carbon origin is increasingly relevant in the context of recycled and renewable carbon accounting. While the French decree does not yet regulate carbon attribution, it provides a necessary legal foundation for future certification and mass-balance approaches.

The User Installation as a Cornerstone of Compliance

One of the most forward-looking elements of the French approach is the role assigned to the petrochemical or chemical user. Before accepting TPO as an end-of-waste product, the user installation must conduct its own trials to demonstrate that the oil does not adversely affect equipment, emissions, or product quality. Compliance is thus proven under real industrial conditions, not assumed on paper.

Implications Beyond France

Although the decree is national, its relevance is European. Other Member States now have a concrete, operational example of how Article 6 WFD can be applied to chemical recycling outputs. Alignment with REACH, POP regulations, and IED requirements strengthens arguments for mutual recognition and may reduce barriers to cross-border TPO supply chains. At the EU level, the French initiative is likely to accelerate discussions on harmonized approaches to End-of-Waste criteria for chemical recycling products, including tire pyrolysis oils.

Conclusion

With Decree TECP2528362A, France has taken a decisive step in reconciling waste law with chemical reality. By recognizing ELT-derived pyrolysis oil as a raw material (non-energy recovery, valorisation matière)—already registered under REACH and produced under strict industrial controls – France has moved beyond theoretical debates and created a workable regulatory framework.

This first-of-its-kind decree marks a turning point for the European tire pyrolysis sector. It improves legal certainty, enables long-term offtake, and supports the integration of ELT pyrolysis into the circular and low-carbon chemical economy. Its influence is likely to extend well beyond France, shaping future regulatory thinking across Europe.