ABSTRACT

The ECJ in Arco and Epon said (paras 94-97) that the fact that a substance is the result of ‘a complete recovery operation’ under Annex IIB to the WFD is only one of the factors to be taken into account for the purposes of determining whether it constitutes waste. Whether the substance is waste must be determined in the light of all the circumstances, having regard to the definition in Art 1(a) of the WFD, the general aim of the directive and the ‘need to ensure that its effectiveness is not undermined’. Applying this broad approach, Stanley Burnton J stressed that because Cemfuel is potentially harmful to the environment and to health its holding and use should be regulated under the WFD. If it were not regarded as being waste the effectiveness of the WFD would be undermined (Castle Cement, para 55).