Transcript Andrew-Waite-Ashurst-Legislation

WFAA
ANDREW WAITE
27 APRIL 2016
HAZARDOUS WASTE PREMISES REGISTRATION
•
England – not required after 1 April 2016
•
Wales – registration still required
•
Consignment note code
•
Production process code – SIC 2007
2
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
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:
4
-
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 2004 - 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] 41831922
© Ashurst 2016