Welcome to the WEEE & TFS Workshop

The Definition of Waste Clare McCallan, Waste Policy Advisor

Introduction  The Waste Framework Directive - the definition of waste  Case law: - discard - ceasing to be waste  The implications  Guidance to assist those involved in the reuse, refurbishment and recycling of electronic equipment

Waste Framework Directive  A common definition of waste  Expanded control to disposal and recovery  Article 1: “waste shall mean any substance or object in the categories set out in Annex I which the holder discards or intends or is required to discard.”

Waste Framework Directive  Annex I (Q1-Q15 and Q16)  “holder” - producer of the waste or person in possession  “producer” - anyone whose activities produce waste and/or anyone who carries out pre- processing, mixing or other operations resulting in a change in the nature or composition of the waste.

Whose Decision?  Responsibility of person in possession of substance or object to determine if waste  It is not the Agency that “makes” something waste or not waste  It is a matter of law and ultimately for the courts to decide……

Two different issues  Discard - Has the holder discarded it? - Does the holder intend to discard it? - Is the holder required to discard it?  Once something has “become” waste, when does it cease to be waste?

Dispelling myths  Its not waste because someone else has a use for it  Its not waste because I paid for it  Its not waste because it works

“Discard” Arco Chemie - meaning of “discard” is key - interpret in light of aims of Directive - particularly to protect health and the environment from harmful effects of waste - precautionary principle - cannot be interpreted restrictively

Key Principle “Whether [a substance] is waste within the meaning of the Directive must be determined in the light of all the circumstances, regard being had to the aim of the Directive and the need to ensure that its effectiveness is not undermined.” (Arco Chemie)

Outcome: “Scope of discard is broad  Intent of original producer is key  Includes substances for recovery  Distinction between “by-products” and waste  More substances are waste

Guidance The Definition of waste: A guide to assist those involved in the re-use, refurbishment and recycling of Electronic equipment.

Guidance - what is it for?  Assist those involved in recycling EEE to determine whether they are handling waste by  informing them of the legislative framework  providing examples  dispelling some myths….  Provide guidance to the Agency on when EEE needs to be regulated

Examples on Re-use of EEE  Redundant EEE suitable in current form and passed on with intention it will be re-used. Unlikely to be waste.  What if some is unusable? Likely to become waste at point assessment is made  EEE beyond economic repair and no intention to repair or re-use but may salvage some parts. Likely to be waste when received by processor  Items taken to a CA site or MRS likely to be waste

Examples of Dismantling of EEE  EEE sent to be dismantled to components for re-use and materials for recovery - likely to be waste as intention to discard by holder.  Job lot mixture of EEE where some can be re-used immediately or after minor repair, and some beyond economic repair - entire consignment will be waste.

“Ceasing to be waste”  Reuse…Reclamation…Recovery…Recycling  Mayer Parry II - when is scrap metal ‘recycled’  When it has been fully recovered i.e. when there is no reason to subject it to Waste Framework Directive controls

Guidance  EEE beyond economic repair likely to be waste  EEE that can be repaired remains waste until suitable for reuse and placed on sale or donated as secondhand goods.  Components from dismantling remain waste until suitable for use and used in repair or sold as working components

Outcome:  Waste stays waste for longer - until undergone complete recovery operation/put to final use  Doesn’t cease to be waste just because - someone intends to use it - it has an economic value - it’s been processed ready for recycling - it isn’t polluting

Regulatory Framework  Duty of Care  Carrier/Broker registration  Waste Framework Directive Permit: - Waste management licence/exemption - IPC authorisation/PPC permit  Transfrontier Shipments, Special Waste, Hazardous Waste Directive, Packaging, etc

Moving Forward  Short term - use of guidance to provide clarity, consistency and stability of interpretation  Medium term  implementation of WEEE Directive  proportionate regulatory regime  Long term - regulate on the basis of outcomes - remove the “stigma” associated with waste