The following Environment guidance note provides comprehensive and up to date legal information covering:
'Waste' is defined in the Waste Framework Directive 2008 (rWFD) as any substance or object which the holder discards or intends or is required to discard.
See Practice Note: Meaning of waste—what is waste?
As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content.
For further guidance, see: Brexit—environmental law implications and Brexit Bulletin—key updates, research tips and resources.
Waste must not be interpreted restrictively. It is interpreted:
widely in light of all the circumstances
having regard to the aims of the directive, eg to protect human health and the environment against the harmful effects of waste
having regard to the need to ensure the effectiveness of the directive is not undermined
Whether or not a substance or object is waste depends on the factual circumstances and decisions must be taken on a case-by-case basis. No single factor or indicator is conclusive. See Practice Note: Meaning of waste—waste indicators.
Distinctions are made between:
products which are not waste and production residues which may be waste
production residues which are waste and by-products which are not
See Practice Note: Meaning of waste—products and by-products.
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234