Waste management is primarily governed at EU level by the 2008/98/CE Directive,which outlines the notions of waste, recovery and disposal and sets out the essential obligations for waste, recovery and disposal. waste management.

Art. 1 states: “This directive sets out measures to protect the environment and human health by preventing or reducing the negative impacts of waste production and management, reducing the overall impacts of use and resources and improving its effectiveness.”

In particular, the Directive also stipulates the obligation to authorise and register for institutions or companies that carry out waste management operations, as well as the obligation for Member States to draw up plans for the waste management.

At the national level, the reference legislation is the Single Environmental Text, which reaffirms art. 179 what are the priorities for waste;

prevention of waste itself and secondly their preparation for future reuse,followed by recycling and other recovery operations in this order and only in this order. last, as a residual option, from the disposaltask.

The key provision of the aforementioned decree, which takes up art. It is not the first time that the European Parliament has been involved in this debate. 183 paragraph 1 (a) where it is prescribed that refusal is to be considered “any substance or object of which the holder has the intention or has an obligationto dispose” .

The central element of the notion of rejection is to be traced back to the last part, where the will of the holder is expressed.

Think for example to fully understand the definition in commentary on situations where a given object can be considered waste or not because of the conduct of the rightful holder; the antique furniture of the 18th-year-old left by the owner on the side of the road must necessarily be considered as a refusal under the law because abandoned (conduct of abandonment with any sanctioning profiles), while if handed over to a store of “I think it’s a good thing that we’re going to be able to do something about it,” he said.

There is a derogatory regime in the presence of tax conditions, at the event of which a substance, object or material to which the owner intends to undo it are not considered waste but by-product under the senses and effects of art. 184-encore of the Single Environmental Text.

The required prerequisites are applied with prudence and rigidity, given its exceptional character in relation to the assumptions on which the waste management system is based and are as follows:

  • the substance or object must originate from a production process;
  • the reuse of the substance or object in the same production process must be certain;
  • the substance or object should not undergo any further treatment (other than normal industrial practice);
  • the next use is lawful and respects.

The existence of these four parameters must be contextual and the absence of only one of these, on the other contrary, determines the subjectibility of the substance to the waste legislation and not to the by-product regime.

The Single Environmental Text has also redesigned, through the D.lgs. N. 205/2010 very important concepts related to responsibility in waste management (art. 188, 189, 190 and 193 D.lgs. 152/2006) and sanctioning profiles (art. 258 and 260 D.lgs. 152/2006).