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Dept for Environment Food and Rural Affairs

Answer

Dr. Whitehead: To ask the Secretary of State for Environment, Food and Rural Affairs at what point in the processing cycle her Department ceases to define compost as waste. [197852] Mr. Morley: The definition of waste in force in the United Kingdom is the definition in Article 1(a) of the Waste Framework Directive (as amended). Whether or not a substance is discarded as waste, and when waste ceases to be waste, are matters 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 definition of waste which are binding on member states and their "competent authorities". The ECJ has ruled that " . . . whether [a substance] is..waste..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." In practice, this means that waste does not cease to be waste until it has been fully recovered within the meaning of the Directive and there is certainty of its use as a product without undergoing a further recovery operation. The Environment Agency considers that (a) source-segregated waste which, after composting, meets a recognised and suitable quality standard (e.g. BSI PAS 100) is likely to meet the first criterion; and (b) mixed waste which is composted is likely to remain waste until it is used in a further recovery operation (e.g. land treatment resulting in agricultural benefit or ecological improvement) subject to control by the Agency under a licence or registered licensing exemption.

Secondary information

Type

Written question

Reference

197852; 426 c1244-5W;426 c1248-9W

Session

2003-04

Subjects

Compost Domestic waste Waste management Terminology Waste

Link

View this Written question on www.publications.parliament.uk