End of waste: The mechanism set forth by the Waste Directive 2008/98/EC
Identifying the moment at which waste ceases to be waste and once again acquires the status of a product is far from being a merely theoretical question. From a legal point of view, significant consequences can ensue from the qualification of a substance or object in relation to the applicable legislation for its management and treatment. An incorrect evaluation of the applicable legislation can lead not only to consequences of an administrative but also of a criminal nature. The consequences may also be significant from an economic perspective. The holder of a substance or object, which does not qualify as a product but as waste, must withstand all the negative consequences deriving from the fact that, compared to a product, waste is much less attractive to the market.
I. Introduction
II. Directive 75/442/EEC and subsequent amendments and supplements
1. End of Waste (EoW): the long silence of the Community legislative bodies
2. EoW: a conflictual framework
III. The new Directive 2008/98/EC (hereinafter referred to as the new Directive)
1. EoW: the need for clarity
2. EoW: the ratio
IV. The EoW mechanism provided for in Art. 6
1. Scope of Art. 6
2. Concurrent legislation
3. The Community procedure
4. The procedure for the MS
5. Reference framework for the EoW procedure
6. 'Specific criteria' for EoW
7. 'Conditions' for EoW
8. EoW candidates
V. Interpretative nodes of Art. 6 of the new Directive
1. Art. 6, par. 1
2. Art. 6, par. 2
3. Art. 6, par. 4
VI. Conclusions
Autor(en)
Rechtsanwalt (BRD) und Avvocato (Italien) David Roettgen