§ Mr. HurstTo ask the Secretary of State for Environment, Food and Rural Affairs if she will make a statement on the definition of waste, pursuant to recent judgments by the European Court of Justice. [139459]
§ Mr. MorleyThe definition of waste in force in the United Kingdom is the definition in Article 1(a) of the Waste Framework Directive (as amended). It provides that waste means,
& any substance or object which the holder discards or intends or is required to discard.Whether or not a substance is discarded as waste is a matter which must be determined on the facts of the case and the interpretation of the law is a matter for the Courts. The European Court of Justice (ECJ) has issued several judgments on the interpretation of the definition of waste and the meaning of "discard". ECJ judgments are binding on member states and their "competent authorities".
The Government proposes, in consultation with the Environment Agency, to review in the light of the ECJ's judgments the guidance on the interpretation of the definition of waste originally provided in DOE Circular 11/94. But it is not feasible for any revised guidance which the Government issues to determine 723W whether any particular substance is in any particular circumstances discarded as waste. It will be feasible only for any revised guidance to advise on the factors which the ECJ has determined should be taken into account in reaching a decision.