The creation of the initial European community plan for waste management which was formed in 1989 was formed at a moment when the community was focusing on formation of single market. As it has been observed by Smith, the initial presumption was based on the fact that free trade guidelines on single market was to be applied on waste management, establishing “Euro-waste free market”, a model which is seen by Smith as “ highly dubious practical and political validity”.
The danger raised was that a European community which lacked internal boundaries, the waste movement may flood towards regions with lower- cost of disposal. This has reality has occurred. In addition, when the laws were formulated, the proximate principle which acknowledged the necessity to protect the environment through limiting waste movements was introduced. This has created a constant tension and has resulted in waste management difficulties specifically in regard to recovery of materials, where the disputes regarding free movement of waste have become stronger than the disposal of the waste.
Fundamentals of regulations regarding waste When the legal framework on waste regulation turns out to be complex, there is an increased need to look back and take in account the basics involved in formulating waste regulation in regard to materials that might as well have a harmful effect when used. For instance, why is it that there exist different regulations concerning pesticides when spayed in the field and have a different regulation when the same pesticide is disposed off as waste.
One can answer this question using a number of perspectives. A waste material can have the same hazardous elements as a raw material in relation to toxicity, however, for the raw material; the financial incentive is using it proficiently. This issue and many others underpin the basics legal issue of defining waste and ultimately managing the waste. Conclusion The amount of waste has continued to swell in many of European countries. The volume of waste arising from these countries is huge and keeps on growing.
The current vagueness of waste definition and waste management regulations and directives by the European Commission has complicated the process of managing waste in Europe. This complications and vagueness of the EC on waste definition and management law has hindered proper waste management in the community. As a fundamental rule, waste management policy has to be straightforward and clear. The waste policy must aim at preventing waste materials from bring released to the environment, if not possible recycle it, or if not possible to recycle dispose it safely.
It is paramount thus, that the community should review it current law and make them simpler and in line with the present challenges.
Web pages EC Council (2006): Directive on waste management: Retrieved from: http://europa. eu. int/eurlex/en/consleg/pdf/1975/en_1975L0442_do_001. pdf Books and journals Bell, S and McGillivray, D (2006): Environmental Law; OUP Calster G (2000): The legal framework for the regulation of waste in the EC’ 1 Yearbook of Environmental Law, Pp 67-8