Waste not want not? The Revised Waste Framework came into force on 12th December 2008 with aims to take the EU closer to becoming a ‘recycling society’ promoting the use of waste as a resource. The Directive clarifies and rationalises EU legislation on waste and points towards a step change in acknowledging that it is possible for substances to move in and out of the classification of waste.
One of the main introductions to the Waste Framework Directive relates to the establishment of criteria for meeting an ‘end of waste’ status. Certain waste can cease to be waste when it has undergone a recovery operation (which includes recycling) and complies with specific criteria in accordance with the following conditions
- it is commonly used for specific purposes
- a market or demand exists for it
- it fulfils the technical requirements for the specific purposes and meets the existing
- legislation and standards applicable to products; and
- its use will not lead to overall adverse environmental or human health impacts.
Possible categories of waste for which ‘end-of-waste’ specifications and criteria should be developed are, among others, construction and demolition waste, some ashes and slags, scrap, metals, aggregates, tyres, textiles, compost, waste paper and glass. Energy efficient waste incineration is also classed as a recovery operation within the meaning of the Directive.
The revisions to the Directive are certainly more industry friendly in that it introduces a new approach to waste management that encourages the prevention of waste with landfill disposal listed as a ‘last resort’. All Governments and Local Authorities must apply this approach when developing policies. It remains to be seen how this legislation will impact on UK Enforcement Bodies but one thing is clear, litigation that a substance is not waste will be strengthened by the addition of a formal end of waste status.
If you have any queries or concerns over the new procedures then feel free to contact Kathryn Lucas, 01829 773 101 for an informal chat, or e-mail her at kjl@dynesolicitors.co.uk
Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk
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