New report warns EU Circular Economy Act risks promoting hazardous waste in construction

Brussels, 21 May 2026 – The EU’s upcoming Circular Economy Act (CEA) risks entrenching the use of hazardous waste in roads, buildings and public infrastructure unless strict safeguards are introduced, new report warns.

The report, “A toxic legacy: Bottom ash in Europe’s circular economy”, finds that incinerator bottom ash (IBA) – the solid residue left after burning municipal waste – contains hazardous substances including heavy metals, persistent organic pollutants (POPs), PFAS (“forever chemicals”) and microplastics, all of which can leach into soil and water over time.

European municipal waste incineration generates more than 12 million tonnes of IBA every year. Despite the scale and risks, IBA is already widely used in roads, concrete, cement blocks and other construction applications across Europe under fragmented and often weak regulatory frameworks.

The warning comes as the European Commission prepares its Circular Economy Act, aimed at increasing the use of secondary raw materials and boosting circular material use rates. The report argues that, without stronger safeguards, the legislation could unintentionally accelerate the spread of toxic substances throughout the built environment.

“This is a major contradiction at the core of the EU’s circular economy agenda,” says Janek Vähk, Zero Pollution Policy Manager at Zero Waste Europe. “We are increasing incineration capacity, generating hazardous residues, and then attempting to circulate those residues back into the economy through construction materials.”

Drawing on recent scientific evidence and case studies from across Europe, the report concludes that:

• IBA is chemically unstable and continues to release contaminants over long timescales;
• Existing testing methods underestimate real-world environmental risks;
• PFAS and microplastics are largely unregulated in IBA applications;
• Current processing techniques cannot reliably remove hazardous substances;
• The use of IBA in construction is primarily driven by high landfill disposal costs rather than environmental benefits.

“If a material contains hazardous substances, it should not be used in roads, buildings or public spaces,” Vähk continues. “These residues should be properly contained, not dispersed throughout the environment. At present, controlled landfill remains the safest available option.”

Based on the paper’s findings, the author urges the European Commission to ensure that circular economy policies are fully aligned with the objective of achieving a toxic-free environment.

Key recommendations:

• Apply the precautionary principle to incineration residues and do not incentivise IBA use.
• Establish harmonised EU-wide rules for the classification, testing and long-term monitoring of IBA.
• Ensure EU legislation fully addresses PFAS, microplastics, heavy metals, POPs and other hazardous substances in incineration residues.
• Prevent the spread of hazardous residues by prioritising safe containment over their use in roads, buildings and construction materials.
• Recognise that waste incineration generates hazardous residues and avoid policies that increase incineration capacity and bottom ash generation.
• Ensure municipal waste incineration is fully included in the EU ETS to help reduce waste burning and the associated generation of hazardous residues.

The publication follows a joint statement signed by more than 40 organisations, including Zero Waste Europe, calling on Environment Commissioner Jessika Roswall to adopt a precautionary approach to incineration residues in the Circular Economy Act.

ENDS

Notes to the editor 

• Read the full report here.
• The issue of incineration bottom ash (IBA) was highlighted in the background document prepared for the final Circular Economy Act (CEA) stakeholder event on April 30, which explicitly referred to the recovery of metals and mineral fractions from incineration residues. In addition, incineration bottom ash was referenced in the public consultation on the CEA.
• As municipal waste incineration in Europe generates more than 12 million tonnes of bottom ash every year, the scale of the issue cannot be understated. Around half of IBA residues are currently landfilled, while the remaining quantities are used in road construction and other building and civil engineering applications.

Further reading 

• Joint statement calling for a precautionary approach to incineration residues
• Toxic Fallout – Waste Incinerator Bottom Ash in a Circular Economy
• Incineration and residues in the EU: quantities and fates
• Enough is enough: The case for a moratorium on incineration
• Waste Incineration under the EU ETS Assessment of climate benefits – Update 2025

Press contacts

Nanna Bille Cornelsen, Communications Officer at Zero Waste Europe – [email protected] or [email protected]

Janek Vähk, Zero Pollution Policy Manager at Zero Waste Europe – [email protected]

About Zero Waste Europe

Zero Waste Europe (ZWE) is the European network of communities, local leaders, experts, and change agents working towards a better use of resources and the elimination of waste in our society. We advocate for sustainable systems; for the redesign of our relationship with resources; and for a global shift towards environmental justice, accelerating a just transition towards zero waste for the benefit of people and the planet. www.zerowasteeurope.eu