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Journal of Environmental Law Advance Access originally published online on February 4, 2009
Journal of Environmental Law 2009 21(1):139-149; doi:10.1093/jel/eqp001
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© The Author [2009]. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org

The Revised Directive on Waste: Resolving Legislative Tensions in Waste Management?

Hazel Ann Nash*

*ESRC Centre for Business Relationships, Accountability, Sustainability and Society (BRASS), Cardiff Law School, Cardiff University, Cardiff, UK (NashHA{at}cardiff.ac.uk).


  Abstract

The revised Directive on waste (Directive 2008/98/EC) entered into force on 12 December 2008. The purpose of the revised Directive is to simplify the existing legislative framework for waste in order to encourage the divergence of waste away from landfills, to strengthen legal certainty and minimise burdens on businesses, regulators and stakeholders. This article explores the main features of the revised Directive and assesses them against the European Commissions' intentions in introducing the Directive. In addition, the paper considers the extent to which the revised Directive promotes successfully (i) reduction of natural resource use, (ii) prevention of environmental impacts of waste generation, (iii) life-cycle thinking and; (iv) securing waste prevention. The paper concludes that there is still room for further clarification, particularly in relation to the criteria for by-products and the new waste management terms ‘end of waste’ and ‘preparing for re-use’. Whilst the revised Directive has weaknesses and limitations it should be considered within the context of decision-making. In this way it represents a multi-party, multi-institutional and multi-national compromise which should be considered as a progressive step towards improving the whole life-cycle of products and resources. Undoubtedly, the revised Directive sets the tone for future legislative developments and bolsters the importance of extended producer responsibility in future waste management measures.

Key Words: waste • definitions • targets • by-products • incineration • regulatory burden


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