B3.5.2.12 Other Waste Related Definitions



The European Framework Directive [2006/12/EC] defines the waste holder as:

“the producer of the waste or the natural or legal person who is in possession of it.”

This is mirrored by the Landfill (England and Wales) Regulations 2002 [SI No. 1559], which define the waste holder as:

“the producer of waste or the person who is in possession of it;”

Fully Recovered

There is no specific definition covering when a waste has been fully recovered and therefore ceases to be waste. This is a point of contention at present. The Environment Agency is currently working with organisations to develop position statements on various types of waste to clarify when waste ceases to be waste.

Full recovery is generally considered to be once a final recovery operation has been completed, such as being incorporated into a final product or being used in the place of a non-waste material. There may be several treatment processes prior to full recovery.


The European Framework Directive [2006/12/EC] defines a waste recovery as:

“ any of the operations provided for in Annex II B;”

Where Annex II B is:

“R 1     Use principally as a fuel or other means to generate energy

R 2      Solvent reclamation/regeneration

R 3      Recycling/reclamation of organic substances which are not used as solvents (including composting and other biological transformation processes)

R 4      Recycling/reclamation of metals and metal compounds

R 5      Recycling/reclamation of other inorganic materials

R 6      Regeneration of acids or bases

R 7      Recovery of components used for pollution abatement

R 8      Recovery of components from catalysts

R 9      Oil re-refining or other reuses of oil

R 10    Land treatment resulting in benefit to agriculture or ecological improvement

R 11    Use of wastes obtained from any of the operations numbered R 1 to R 10

R 12    Exchange of wastes for submission to any of the operations numbered R 1 to R 11

R 13    Storage of wastes pending any of the operations numbered R 1 to R 12 (excluding temporary storage, pending collection, on the site where it is produced)”

The Environment Agency issued a guidance document “Regulatory Guidance Series, No EPR 13, Defining Waste Recovery: Permanent Deposit of Waste on Land”. This guidance clarified the Environment Agency’s approach to determining whether the permanent deposit of waste on land is considered waste recovery or waste disposal. This document is available here: RGN13 Defining Waste Recovery v1 0