European Union

Waste Hierarchy

The complex legislation of waste management has been developed not only in relation to the geopolitical transformation of the EU legislative domain, but also with regard to technological progress in the field of environmental sciences. The numerous amendments to the laws reflect the need to cope with these two factors and are expressions of the awareness by the European Commission (EC) of the need to maintain a certain degree of flexibility over time. The 2008 regulation enlarged the scope of the previous one, introducing clearer definitions not only of the types and qualities of waste, but also of the hierarchy of waste treatment procedures. This step underlines the importance of differentiating possible ways of waste management within a general priority for the safeguard of human and animal health and of environmental protection. Thus, according to the 2008 directive, waste hierarchy is, in order of priority: prevention, preparing for reuse, recycling, recovery (such as energy recovery), and disposal. This hierarchy replaces the one formulated in the 2006 directive, which prioritized prevention, followed by recovery and reuse. In particular, the 2008 directive specifies that waste prevention should be the first priority and that reuse and recycling should be preferred to energy recovery from waste.

Waste Management

The section related to waste management refers to the responsibility of waste management, which is in principle that of the original producer or holder. Even in case of transfer of the responsibility for recovery or disposal, this responsibility is not completely discharged from the original producer. Also, the principles of self-sufficiency and proximity are [Page 242]sanctioned. The former concerns the idea that the community as a whole should reach self-sufficiency in waste management. The latter refers to the cooperation needed by (especially bordering) member states to establish an “integrated and adequate network of waste disposal and recovery installations.” Articles 17–22 regulate the control and labeling of hazardous waste and oils.

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