Materials defined as wastes have certain legislative responsibilities associated with them. Thus if recyclable materials become defined as waste the re-cycling industry has to fulfil various extra licensing, training, administration etc. requirements. This may discourage further development of recycling initiatives, which the government would like to see increase.

To change the directive again, could take up to two years and in the UK it has been decided that instead the legal system will review individual cases as and when they arise.

The government tried to clarify what was waste by providing additional guidance through circular 11/94, below is a brief indication of the circular which actually runs to over 200 pages.

Clarification is given by identifying 4 broad categories of potential waste:

1. Worn, but functioning, substances or objects which are still usable (albeit after repair) for the purpose for which they were made (generally not waste)
2. Substances or objects that can be put to immediate use other than by a specialised waste recovery establishment. (generally not waste)
3. Degenerated substances or objects which can be put to use only by specialist waste recovery (generally waste)
4. Substances or objects which the holder does not want and which he pays to have taken away - Where the recipient will use the material without employing a specialist recovery process, (generally not waste)