Definition of waste

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The definition of waste has been surprisingly difficult to agree on. The Organisation for Economic Co-operation and Development (OECD), the Secretariat of the Basel Convention and the EU Commission each has formally its own definition of waste, and information on these can be found on the website of the European Topic Centre on Resource and Waste Management (2006). According to this source, the 'most

Table 1.1 Relevant EU legislation; see AWARENET (2004) and Sanders and Crosby (2004) for further details

Legislation on solid and liquid wastes

Council Directive 75/439/EEC on the disposal of waste oils Council Directive 75/442/EEC on waste

Council Directive 76/464/EEC on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community Council Directive 80/68/EEC on measures and restrictions for the protection of groundwater against pollution caused by certain dangerous substances Waste Framework Directive 91/156/EEC

Council Directive 91/271/EEC concerning urban wastewater treatment Council Directive 91/689/EEC on hazardous waste Council Regulation 259/93 on the supervision and control of shipments of waste

Council Directive 94/67/EEC on the incineration of hazardous waste Commission Decision 96/350/EC for the adaptation of Annex IIA and IIB

of Directive 75/442 EEC on waste Council Directive 1999/31/EC on the landfill of waste Commission Decision 2000/532/EC establishing a list of wastes Water Framework Directive 2000/60/EC Council Directive 2000/76/EC on the incineration of waste Regulation 2150/2002/EC on waste statistics

Council Decision 2003/33/EC on criteria for acceptance of waste at landfills

Legislation concerning added-value products from food wastes

Regulation 1774/2002/EC on health rules concerning animal by-products not intended for human consumption Directive 2003/30/EC on the promotion of the use of biofuels or other renewable fuels for transport

Table 1.1 cont'd

Council Directive l9/3l3/EEC on the marketing of compound feedingstuffs Council Directive 90/66l/EEC on veterinary rules for the disposal and processing of animal waste

Council Directive 95/53/EC concerning the organization of official inspections in the field of animal nutrition Council Decision 1999/534/EC on measures on animal waste protecting against transmissible spongiform encephalopothies (TSE) Council Decision 2000/l656/EC on protection measures regarding TSE and feeding of animal protein Decision 2001/25/EC prohibiting the use of certain animal by-products in animal feed

Regulation 999/2001/EC for prevention, control and eradication of TSE Regulation 811/2003/EC on intra-species recycling ban for fish, and burying and burial of animal by-products Regulation 809/2003/EC on processing standards for category 3 material and manure used in composting plants Regulation 810/2003/EC on processing standards for category 3 material and manure used in biogas plants

Novel foods

Regulation (EC) No. 258/91 of the European Parliament and of the Council of

2l January 199l concerning novel foods and novel food ingredients Commission Decision 2002/150 authorizing the marketing of coagulated potato proteins and hydrolysates as novel food ingredients

Additional specific legislation in specific agro-food sectors

Council Directive 90/496/EEC on nutrition labelling for foodstuffs

Council Regulation 91/493/EC laying down health conditions for production and the placing on the market of fishery products Council Directive 94/435/EC on sweeteners for use in foodstuffs Council Directive 94/435/EC on colours for use in foodstuffs Council Directive 95/2/EC on food additivies other than colours and sweeteners Council Regulation 2200/96/EC on the common organization of the market in fruit and vegetables Council Regulation 1493/99/EC on the common organization of the market in wine

Commission Decision 1999/124/EC on specific health conditions for hygienic manufacture of gelatine intended for human consumption Council Regulation 104/2000/EC on the common organization of the markets in fishery and aquaculture products Commission Regulation (EC) No. 1623/2000 of 25 July 2000 laying down detailed rules for implementing Regulation (EC) No. 1493/1999 on the common organization of the market in wine with regard to market Council Directive 2000/13/EC on the approximations of the laws in member states on labeling, presentation and advertising of foodstuffs Commission Directive 2001/15/EC on substsances that may be added in foods for nutritional purposes Commission Decision 2001/411/EC on regular checks on health conditions for production and marketing of fresh meat and fresh poultry meat Council Regulation 118/2002/EC laying down general principles and requirements of food law explicative' definition of waste may be found in the Joint Questionnaire OECD/Eurostat that is sent biennially to all EU countries and reads as follows:

Waste refers here to materials that are not prime products (i.e. products produced for the market) for which the generator has no further use for their own purpose of production, transformation or consumption, and which he discards, or intends or is required to discard. Wastes may be generated during the extraction of raw materials, during the processing of raw materials to intermediate and final products, during the consumption of final products, and during any other human activity. Are excluded:

- Residuals directly recycled or reused at the place of generation (i.e. establishment);

- Waste materials that are directly discharged into ambient water or air.

The legal definition of waste is provided by the EU Commission in the Waste Framework Directive 75/442/EEC on waste as amended by Council Directive 91/156/EEC, Art.1(a), and is inseparably linked with the EU lists of waste categories and waste types:

'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.

The Commission has drawn up a list of wastes belonging to the categories listed in Annex I.

Categories of waste from Annex 1 that are relevant to food processing are shown in Table 1.2.

In order to make the definition of waste more tangible and to reduce uncertainty, the European Commission has drawn up a list of wastes (Table 1.3; see 'Waste list' in reference section). This was established by Commission Decision 2000/532/EC.

Once a material is defined as a 'waste', it is then subject to a range of directives (e.g. the Waste Framework Directive and the Hazardous Waste Directive) and regulations (e.g. the Waste Shipment Directive) concerning the handling and treatment of waste streams. Therefore, the classification of co- or by-products that are currently disposed of as 'waste' is of importance if alternative exploitation routes are to be sought. Interestingly, there appears to be no legal definition of the term 'co- or by-product'.

A number of issues have arisen in the interpretation of the above waste definitions including the meaning of the term 'discard' (which lacks a common understanding) compared with 'dispose'. A number of disputes have required resolution by the European Court of Justice. The OECD Waste Management Policy Group has produced a guidance document with the aim of clarifying whether or not a material can be

Waste minimization, management and co-product recovery 13 Table 1.2 Categories of waste, Annex 1 of Directive 75/442/EEC

Categories of waste

Directive 75/442/EEC, Annex I

Q1 Production or consumption residues not otherwise specified below

Q2 Off-specification products

Q3 Products whose date for appropriate use has expired

Q4 Materials spilled, lost or having undergone other mishap, including any materials, equipment, etc. contaminated as a result of the mishap

Q5 Materials contaminated or soiled as a result of planned actions (e.g.

residues from cleaning operations, packing materials, containers, etc.)

Q6 Unusable parts (e.g. reject batteries, exhausted catalysts, etc.)

Q7 Substances which no longer perform satisfactorily (e.g. contaminated acids, contaminated solvents, exhausted tempering salts, etc.)

Q8 Residues of industrial processes (e.g. slags, still bottoms, etc.)

Q9 Residues from pollution abatement processes (e.g. scrubber sludges, baghouse dusts, spent filters, etc.)

Q10 Machining/finishing residues (e.g. lathe turnings, mill scales, etc.)

Q11 Residues from raw materials extraction and processing (e.g. mining residues, oil field slops, etc.)

Q12 Adulterated materials (e.g. oils contaminated with PCBs, etc.)

Q13 Any materials, substances or products whose use has been banned by law

Q14 Products for which the holder has no further use (e.g. agricultural, household, office, commercial and shop discards, etc.)

Q15 Contaminated materials, substances or products resulting from remedial action with respect to land

Q16 Any materials, substances or products which are not contained in the above categories regarded as waste. Nevertheless, the situation appears to be less clear at the European level as to the classification of materials that are to be recovered and used as raw materials in other processes (so-called 'secondary products') and is made more complicated by interpretations at the member state level. This seems to be an emergent situation, and will be influenced further by the development of technologies and approaches to exploit what would previously be regarded as waste material. A flow chart depicting the EC legislative relationships between waste, secondary raw material and product is shown in Fig. 1.6 (AWARENET, 2004).

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