# Biochar as a Multifunctional Component of the Environment--A Review
## 3 Legal Aspects and Quality Standards  
The term \"biochar\" does not appear in the legislation of the EU or Poland. The only European country which has adopted regulations relating to it is Switzerland. Considerations linked to biochar production and the wide range of its possible applications should however take into account the legal regulations on waste management, use of fertilizers and product safety [2]. Legal regulations fail to explicitly define the status of biochar, classifying it as a product, by-product, or waste [50; 51; 52; 53]. In practice, biochar is perceived as waste, while in the literature it is most frequently described as a by-product of pyrolysis. The relevant EU and Polish regulations [54] define waste as \"any substance or object which the holder discards, intends to discard or is required to discard\". In accordance with the Waste Act, biochar produced from agricultural biomass wastes, or bio-wastes, may be classified as waste material produced as a result of a thermal conversion process. Accordingly, carbonization products should be treated as waste, however, biochar is not listed in the waste catalogue [55]. Article 14 of the Waste Act provides that \"specific types of waste no longer have the status of waste if, following recovery, including recycling, they jointly meet specified conditions:  
* the object or substance is commonly used for particular purposes,
* there is a market or demand for such objects or substances,
* the object or substance meets the technical requirements for applications related to specific purposes as well as the requirements set out in the rules and standards applicable to the product,
* use of the object or substance does not lead to negative consequences for human life or well-being or for the environment, as well as the requirements defined by regulations of the European Union\" [56]. Given the above, biochar is no longer classified as waste. In light of the regulations biochar can also be classified as a by-product, if it meets all of the following conditions: \"further use of the object or the substance is certain; the object or substance may be used directly with no further processing other than normal industrial practice; the object or substance is produced as an integral part of a production process; the substance or object fulfils all relevant requirements, including legal, product-related, environmental and health protection requirements for the specific use of these substances or objects and their use will not lead to overall adverse environmental or human health impacts\" [56]. Biochar can also be treated as a product, if it is the main product of a given process, and it has been produced from biomass obtained specifically for this purpose [53]. In a situation when biochar is treated as a product or by-product, the provisions of the Waste Act are not applicable; on the other hand, it is necessary to take into account other legal requirements (e.g., the regulations of the registration, evaluation, Authorization and restriction of chemicals (REACH) system) [57]. As regards EU laws, it can be concluded that the use of biochar in soils is not explicitly regulated or forbidden [53]. As an exception, Switzerland permits the use of biochar in agriculture provided that the requirements specified by the European Biochar Certificate (EBC) are complied with. The use of biochar as a soil ameliorant in the EU is subject to the provisions set forth by Regulation (EC) No 2003/2003 [58]. In Poland, in order to use biochar as a fertilizer or soil ameliorant it is necessary to complete a registration procedure and obtain approval from the Minister of Agriculture and Rural Development. Notably, these legal requirements are not applicable if biochar is used as a fertilizer in quantities necessary for experimental studies as well as in research and development projects [2].