458 EC Waste Law or How to Juggle with Legal Concepts Drawing the Line between Waste, Residues, Secondary Materials, By-Products, Disposal and Recovery Operations Nicolas de Sadeleer* I. Introduction The definition laid down in Directive 75/442/EEC on waste has proved to be of particular importance because Directive 75/442/EEC, as amended by Di- rective 91/156/EEC, has been elevated to the status of Framework Directive and has underpinned, since 1993, the whole of the Community's policy on waste Thus the definition of the concept of waste constitutes the keystone of all sectoral regulation on waste products, including the Community rules per- taining to the trans-frontier movement of waste2. Essentially, any substance or object that is discarded but, in the light of the particular circumstances does not fall under this definition, is not subject to the administrative obligations relating to collection, sort- ing, storage, transportation, international transfer and treatment methods that are applicable to waste. In order to evade the Caudine Forks of waste reg- ulation, including the financial burden of waste transfer (taxes, levies), some economic operators have not hesitated to qualify their residues as either products or by-products. The Community defini- tion has thus lain at the root of
Journal for European Environmental & Planning Law – Brill
Published: Jan 1, 2005
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