What Can Be Considered as 'Waste' and the Significance of Discarding Test

11 Pages Posted: 22 Apr 2015

Date Written: April 21, 2015

Abstract

It is important to understand the definition of waste because waste has a direct impact on the environment. However, it is more important to understand what constitutes waste because it is linked to the question of whether keeping, regulating, treating or disposing such waste requires environmental permission. Waste management aims at protecting the environment and human health by discarding and treating waste. However, at the same time, waste can also be re-used by treating and recycling the waste materials. This process is important because it helps in conserving natural resources and substantially increases the economic value of the waste product.

The current definition of waste which came into effect from 12th December 2008 is also known as directive waste. However, the members states were given time till 12th December 2010 to implement the WFD Directive into national law.

The definition of waste as set out in Article 1 of the EU Directive 2006/12/EC applies to all member nations of the EU since it repealed the earlier definition of waste. Under the Waste Framework Directive (WFD) of the EU, ‘waste’ is defined as “any substance or object which the holder discards or intends or is required to discard.” Annex I of the Directive contains the list of substances that are included as waste.

In UK, if the waste falls under the given definition of the EU Directive then it must be regulated by the Environmental Permitting (England and Wales) Regulations 2010, unless such waste is exempted from regulation for specific reasons. The Environment Act 1995 mirrors the contents of Annex I of the Directive in Schedule B and includes a list of substances, materials and products that fall within the definition of waste.

Though the definition of waste seems simple, but over the years the definition of waste has given rise to tirade of legal battles in Courts of EU Member States as well as in the European Court of Justice (ECJ). The primary reason over the legal cases revolves around several basic aspects such as what constitutes waste, waste recovery process, disposal of waste procedure, how to discard waste and regulation of waste. Although the ECJ and Courts in UK and other national courts have tried to bring along a line of argument that is coherent and cohesive, but questions remain about the interpretation of the law as well as interpretation of the subsequent judgments.

Keywords: court of justice, CJ, ECJ, EU Directive 2006/12/EC, Waste Framework Directive (WFD), Environmental Permitting (England and Wales) Regulations 2010, Environment Act 1995, definition of waste, discarding test

Suggested Citation

Ceil, Chenoy, What Can Be Considered as 'Waste' and the Significance of Discarding Test (April 21, 2015). Available at SSRN: https://ssrn.com/abstract=2597224 or http://dx.doi.org/10.2139/ssrn.2597224

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