Whether or not a substance is “waste” within the meaning of Article 1(1)(a) of the Waste Framework Directive (WFD) is a matter that must be determined on the facts of the case and the interpretation of the law is a matter for the Courts. It is not a function of the Government to classify or to declassify any particular substance as waste or non-waste.
The Environment Agency is designated as a “competent authority” for the purpose of implementing the WFD in England and Wales and is required to give effect to the directive’s definition of waste, as interpreted by the European Court of Justice and our national Courts.
In April 2007, the Environment Agency issued a regulatory position statement on glycerol produced during the manufacture of biodiesel. It is available on the Agency’s website and states that used vegetable oil is waste and that wastes which are processed for use as a fuel normally remain waste until they are burned. However, in July 2007 the Court of Appeal ruled that a waste substance may cease to be waste before being burned if it has been converted into a distinct marketable product which can be used in exactly the same way as an ordinary fuel and with no worse environmental effects.
In light of this, organisations are free to present to the Environment Agency any information they consider relevant to satisfy the Agency that the substance has ceased to be waste before being used as a fuel.