THE DEFINITION OF WASTE FROM A LEGAL POINT OF VIEW

Abstract

The definition of waste as it is provided for by the EC and adopted along these lines in all EC member states is a mixture of objective and subjective criteria. There is no one single and clear solution, thus in case of debate a case-by-case analysis shall be used. The waste lists are only relevant for proper record-keeping and reporting, they do not provide an absolute enumeration. Waste may also be taken as good, and as according to waste strategy priorities, waste is intended as much as possible for recovery operation, thus the possibility of recovery itself is not enough to leave it out from the scope of waste definition. Anyhow, the protection of human health and the environment shall first be taken into consideration and if waste regulations provide a better position for these objectives then this shall be used.