BREAKTHROUGH ON WASTE OIL DESIGNATION
09 July 2007
BREAKTHROUGH ON WASTE OIL CLASSIFICATION
STATEMENT BY JIM ALLISTER MEP
“I greatly welcome a ruling by the English Court of Appeal at the end of last week that the EU’s Waste Framework Directive does not apply to waste oil being recycled as fuel. The decision is summarised at http://business.timesonline.co.uk/tol/business/law/reports/article2033878.ece
This has been a major bone of contention with the quarrying and asphalt industry and others, which had been availing of waste oil as a cheap fuel source, but were being hounded by governmental agencies, claiming such use breached the Waste Framework Directive. Having made various representations on behalf of the industry, I am pleased that the Court of Appeal has ruled in favour of the industry and against the government.
This ruling greatly aids the collection of waste lubricating and fuel oil from garages and workshops, and its conversion into marketable fuel oil. The issue was when the material ceased to be waste for the purposes of the Waste Framework Directive 2006/12/EC (OJ April 27, 2006 L114/9-21). Was it at the completion of the process of preparing it for use as fuel, as argued by the industry, or when it was actually burnt, as argued by the government? The Court of Appeal agreed with the industry.
The ruling is of considerable economic significance, because the cost of complying with the higher standards required for waste processes, particularly since 2005 when the Waste Incineration Directive 2000/76/EC (OJ December 28, 2000 L332/91) was applied to existing waste operations.
I am now calling upon our Department of the Environment to accept and follow this ruling in Northern Ireland and permit quarries and others to put used oil to good economic use, rather than frustrating its sensible disposal and subjecting processors and others to merciless red tape and expense.”
