Definition of “waste”, “by-product”, “end-of-waste status”
Directive 2008/98 on waste, better known as the “Waste Framework Directive”, is the ultimate legislative reference in the area of waste in European law. The scope of waste legislation is quite naturally determined by reference to the concept of waste. This is true even though the scope excludes such substances as gaseous effluents, radioactive waste, faecal matter, animal by-products or waste from extraction activities. Because of the significant stakes involved in ascertaining whether an object or a substance is waste as much as because of its complexity, the concept of waste has given rise to a significant range of litigation since the first Directive 75/442 on this topic was adopted in 1975, and the limited improvements provided in this respect by Directive 2008/98 confirm how difficult it is to determine this essential legal category and to confine it within certain limits.