Recovery and disposal definitions play competing roles in EU legislation but cannot do so effectively, according to a report by Okopol, the Institute of Environmental Strategies.
It states that defining recovery to determine whether waste circulates freely in the internal market is not the same as defining recovery in order to set targets.
Adding to this confusion is the jurisprudence of the European Court of Justice. It has confirmed that substituting natural resources was the basis for determining whether an operation was recovery or not. But Okopol said this did not always reflect the complexity of waste management operations, which have both a disposal and a recovery component.
The report gives two options for improving definitions adding that focusing definitions on the nature of waste should be decreased.