Types of obligations, waste management operations, waste management responsibilities
Waste management obligations
The most basic and essential rule of waste law is that the abandonment, dumping or uncontrolled management of waste is prohibited (Article 36). Irrespective of whether it is recovered (Article 10) or disposed of (Article 12), waste management is “carried out without endangering human health, without harming the environment (...)” (Article 13). This requirement is of paramount importance to significant case law. Thus, irrespective of whether any actual environmental damage occurs, the simple fact that a dump is not authorised and controlled is deemed to be harmful for the environment (Case C-449/03 Commission v France; Case C-494/01 Commission v Ireland).
Measures shall be taken to favour reuse and recycling: encouraging the establishment and support of reuse and repair networks, the use of economic instruments, procurement criteria, or quantitative objectives, inter alia. In order to promote “high-quality” recycling, separate collections of waste should be set up where technically, environmentally and economically practicable and appropriate [Article 11 (1)].