11:20 – 13:00
Chair / Presidente: F. Peres (IT)
The conditions to qualify as a by-product are often hard to fulfill. This is mostly true for plastic scraps, which are usually subjected to shredding operations prior to be commercialized. In fact, one of the main requirements for by-products is that they can just undergo operations of “ordinary industrial practice”. Italian case law has always refused to include shredding operations in this category, but the ruling changed with the recent decision of the Court of Cassation no. 40109/2015. However, if the plastic scraps are not qualified as by-products but as waste, the recovery operations could enjoy a simplified regime of authorization (the activities can start 90 days after the notice to the authorities) following the requirements of Ministerial Decree of 5 February 1998. In this case they become End of Waste when the outcome of the recovery is consistent with the standard UNI 10667, which will probably be revised in the next future. New developments are also expected for by-products, after the draft recently issued by the Italian Ministry of Environment concerning a ministerial decree with many clarifications (or even more) on the law requirements.