ANDREW WAITE 27 APRIL 2016 WFAA

HAZARDOUS WASTE PREMISES REGISTRATION England – not required after 1 April 2016 Wales – registration still required Consignment note code Production process code – SIC

CIRCULAR ECONOMY & WASTE EU action plans Amendments planned for EU waste directives No change to definition of waste Existing measures – Waste hierarchy – Changes to interpretation of waste – Producer responsibility 3

MEANING OF WASTE 4 SCENARIO 1 The Shell case (2013) Ultra light sulphur diesel accidentally mixed with other fuel Returned to Shell by buyer who returned it as ‘off-spec’ and recovered purchase price Shell intended to resell after blending with another product CJEU held mixture not waste because – Buyer did not discard it – returned mixture to recover purchase price – Shell did not discard it – it intended to put back on market after blending with another product. Also relevant but not decisive: -Mixture could be sold in current condition without being processed -Commercial value of mixture similar to that of specification material.

SCENARIO 2 The Ezeemo Case 2012 – Court of Appeal, England Waste electronic goods shipped to Nigeria No testing or checking Was there action by holders or intention to take action which changed status of waste goods? Evidence suggested no 5

SCENARIO 3 The Saetti and Frediani Case CJEU Production of different types of fuel from crude oil Petroleum coke produced intentionally Court held petroleum coke was a product not production residue Hazardous properties, therefore, irrelevant 6

SCENARIO 4 The OSS Case (2007) – Court of Appeal, England Waste oil processed into marketable fuel oil Court held material ceases to be waste when converted into ‘distinct, marketable product, which can be used in exactly the same way as an ordinary fuel, with no worse environmental effects’. 7

SCENARIO 5 Lapin Elinkeino (2013) – CJEU Former telegraph poles treated with hazardous substances reused to support duckboard walkway Under REACH use of hazardous substance permitted if repeated skin contact unlikely Court held: REACH relevant to issue of whether the former telegraph poles ceased to be waste Recovery by use authorised under REACH so holder no longer required to discard 8

IMPACT OF BREXIT Exit negotiation > 2 years Continuing need to comply with EU rules 9

DUTY OF CARE - TEEP TEEP: all waste for recovery or only reg 13 waste streams Interaction with DoC in s34 10

EA v HENNESSY (2016) Exemptions (conditions or registration?) Retrial after acquittal – voluntary bill procedure 11

INCREASED SENTENCES Guidelines Fines in practice 12

[docId] © Ashurst