Defra consults on legal definition of waste

In the 'Consultation on the legal definition of waste and its application' document, which was published today (January 18), the department details the factors that businesses, councils and other bodies should take into account when deciding whether or not a substance is a waste, including in relation to when a waste ceases to be a waste.

It also outlines European Court of Justice (ECJ) and national court rulings on the definition of waste – which was originally laid out in the EU Waste Framework Directive in 1991 – and the principles defined by these rulings.

The department explained that, while in most cases the decision on whether something is a waste, and therefore whether it is subject to waste regulation, is straightforward, but that, in some cases the decision was more difficult – for example where the substance has value.

“The aim of the draft guidance is to help ensure that the right decision is taken in these more difficult cases,” it said.

However, Defra stressed that the draft guidance does not seek to redefine the legal definition of waste, and does not supersede legal rulings that have been made where the definition has been interpreted in a particular way.

“The draft guidance does not change the legal definition of waste and it does not take precedence over ECJ and national case law on the definition's interpretation – it only provides guidance on that case law,” it said.

“For these reasons, the consultation paper does not invite views on the definition of waste itself or the possibility of a change to the case law on the definition's interpretation,” it added.

Case law

Instead, consultees are asked to comment on a range of questions such as how well the guidance details the case law relating to the definition, and whether it correctly identifies the principles established in ECJ rulings on the issue.

Elsewhere, the guidance seeks to outline the impact that the revised Waste Framework Directive will have on the definition of waste, and also how legislation such as the Waste Strategy for England 2007 relates to it.

And, in particular, it examines how ECJ and national court rulings have related to defining both end-of-waste and the substances produced unintentionally during the production process for a substance – which are more commonly known as by-products.

Responses to the consultation, which is being jointly run with the Welsh Assembly Government, the Department of the Environment in Northern Ireland, the Environment Agency and the Northern Ireland Environment Agency, can be submitted until April 12 2010.