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Defined terms — DIRECTIVE 2008/98/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 November 2008 on waste and repealing certain Directives (Text with EEA relevance)

European Union · 32008L0098 · 837 provisions

32 defined in this instrument, 5 borrowed from other acts.

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backfilling — any recovery operation where suitable non-hazardous waste is used for purposes of reclamation in excavated areas or for engineering purposes in landscaping. Waste used for backfilling must substitute non-waste materials, be suitable for the aforementioned purposes, and be limited to the amount strictly necessary to achieve those purposes 17a.
best available techniques — borrowed from another act; this instrument states no meaning of its own 20.
bio-waste — biodegradable garden and park waste, food and kitchen waste from households, offices, restaurants, wholesale, canteens, caterers and retail premises and comparable waste from food processing plants 4.
broker — any undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste 8.
collection — the gathering of waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility 10.
construction and demolition waste — waste generated by construction and demolition activities 2c.
consumer — any natural person acting for purposes which are outside their trade, business, craft or profession 4g.
dealer — any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste 7.
disposal — any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy. Annex I sets out a non-exhaustive list of disposal operations 19.
end user — borrowed from another act; this instrument states no meaning of its own 4h.
extended producer responsibility scheme — a set of measures taken by Member States to ensure that producers of products bear financial responsibility or financial and organisational responsibility for the management of the waste stage of a product’s life cycle 21.
food waste — all food as defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council ( 4 ) that has become waste 4a.
fulfilment service provider — borrowed from another act; this instrument states no meaning of its own 4f.
hazardous waste — waste which displays one or more of the hazardous properties listed in Annex III 2.
hazardous waste — — waste classified as hazardous waste featuring on the list established by Commission Decision 2000/532/EC ( *2 ) on the basis of Annexes I and II to this Directive. This waste must have one or more of the properties listed in Annex III. The list shall take into account the origin and composition of the waste and, where necessary, limit values of concentration. This list shall be periodically reviewed and, if necessary revised. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(4) of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste ( *3 ), — any other waste which is considered by a Member State to display any of the properties listed in Annex III. Such cases shall be notified to the Commission and reviewed with a view to adapting the list. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(4) of Directive 2006/12/EC ‘4.
making available on the market — any supply of a textile, textile-related or footwear product listed in Annex IVc for distribution or use on the market of a Member State in the course of a commercial activity, whether in return for payment or free of charge 4c.
material recovery — any recovery operation, other than energy recovery and the reprocessing into materials that are to be used as fuels or other means to generate energy. It includes, inter alia, preparing for re-use, recycling and backfilling 15a.
municipal waste — mixed waste and separately collected waste from households, including paper and cardboard, glass, metals, plastics, bio-waste, wood, textiles, packaging, waste electrical and electronic equipment, waste batteries and accumulators, and bulky waste, including mattresses and furniture; mixed waste and separately collected waste from other sources, where such waste is similar in nature and composition to waste from households; Municipal waste does not include waste from production, agriculture, forestry, fishing, septic tanks and sewage network and treatment, including sewage sludge, end-of-life vehicles or construction and demolition waste. This definition is without prejudice to the allocation of responsibilities for waste management between public and private actors 2b.
non-hazardous waste — waste which is not covered by point 2 2a.
online platform — borrowed from another act; this instrument states no meaning of its own 4e.
preparing for re-use — checking, cleaning or repairing recovery operations, by which products or components of products that have become waste are prepared so that they can be re-used without any other pre-processing 16.
prevention — measures taken before a substance, material or product has become waste, that reduce: the quantity of waste, including through the re-use of products or the extension of the life span of products; the adverse impacts of the generated waste on the environment and human health; or the content of hazardous substances in materials and products 12.
producer of textile, textile-related or footwear products listed in Annex IVc — any manufacturer, importer or distributor or other natural or legal person, that, irrespective of the selling technique used, including by means of distance contracts as defined in Article 2, point (7), of Directive 2011/83/EU of the European Parliament and of the Council ( 5 ), either: is established in a Member State and manufactures textile, textile-related or footwear products listed in Annex IVc under its own name or trademark, or has them designed or manufactured and supplies them for the first time under its own name or trademark, within the territory of that Member State; is established in a Member State and resells within the territory of that Member State, under its own name or trademark, textile, textile-related or footwear products listed in Annex IVc manufactured by other economic operators, on which the name, brand or trademark of such other economic operators does not appear; is established in a Member State and supplies for the first time within the territory of that Member State on a professional basis, textile, textile-related or footwear products listed in Annex IVc from another Member State or from a third country; or sells textile, textile-related or footwear… 4b.
producer responsibility organisation — a legal entity that financially, or financially and operationally, organises the fulfilment of extended producer responsibility obligations on behalf of producers 4d.
re-use — any operation by which products or components that are not waste are used again for the same purpose for which they were conceived 13.
recovery — any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy. Annex II sets out a non-exhaustive list of recovery operations 15.
recycling — any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations 17.
regeneration of waste oils — any recycling operation whereby base oils can be produced by refining waste oils, in particular by removing the contaminants, the oxidation products and the additives contained in such oils 18.
separate collection — the collection where a waste stream is kept separately by type and nature so as to facilitate a specific treatment 11.
social economy entity — a private law entity that provides goods or services and operates in accordance with the following principles: the primacy of people as well as social or environmental purpose over profit; the reinvestment of all or most of the profits and surpluses to further pursue their social or environmental purposes and carry out activities in the interest of their members or users or society at large; and democratic or participatory governance 4i.
treatment — recovery or disposal operations, including preparation prior to recovery or disposal 14.
unsold consumer product — borrowed from another act; this instrument states no meaning of its own 4j.
waste — any substance or object which the holder discards or intends or is required to discard 1.
waste holder — the waste producer or the natural or legal person who is in possession of the waste 6.
waste management — the collection, transport, recovery (including sorting), and disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including actions taken as a dealer or broker 9.
waste oils — any mineral or synthetic lubrication or industrial oils which have become unfit for the use for which they were originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils 3.
waste producer — anyone whose activities produce waste (original waste producer) or anyone who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste 5.