In DEFRA's view, it would be premature to carry out a review of the requirements of the Environmental Permitting Regulations that apply to fuel manufactured from waste before the conclusion of the procedures necessary to comply with the Technical Standards Directive (TSD) (98/34/EC) in relation to the draft end-of-waste protocol for fuel produced from waste lubricating oils, developed in response to the Appeal Court's judgment in the OSS case. The European Commission and Austria have now commented on that draft protocol under Article 8(2) of the TSD. The UK is required to take such comments into account and this legal obligation is currently being fulfilled. On conclusion of our consideration of the comments made under Article 8(2) of the TSD, we will consider further a review of the requirements of the Environmental Permitting Regulations that apply to fuel manufactured from waste.