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Remarks on the Waste Framework Directive

Ludwig Krämer

elni Review 2010, Issue 1,  pp. 2-6. https://doi.org/10.46850/elni.2010.001

Directive 2008/98/EC on waste was adopted on 19 November 2008. Member States are required to transpose it into their national legislation by 12 December 2010. This Directive replaces Directive 2006/12/EC which was itself a codification of Directive 75/442/EEC. This contribution only comments on some of the provisions of the new Directive, in particular those where the legal situation has changed with regard to the earlier legislation. While Directive 2006/12/EC had been constructed as a framework directive and had explicitly stated so, the new Directive 2008/98/EC makes no mention of its framework character. This means that for each specific directive it has to be examined whether the provisions of Directive 2008/98/EC – the definitions, the principles, etc – also apply to directives on specific waste streams. Art. 2(4) explicitly provides that specific rules on the management of particular categories of waste may be laid down by means of individual directives.

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References

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