Waste Producer and Waste Holder

The chapter aims to analyse waste producer and waste holder as statuses that fluctuate between the polluter-pays principle and the qualification of given products such as waste or "derived-by-products" for the production of renewable energy. According to the EU legal framework on waste and its function in the EU policy related to green energy production, the statuses of waste producer or holder are linked to the meaning of "waste" and turn on the meaning of the word "discard". Thus, the "intent" of the producer or the holder is the only criterion capable of clarifying "who is who" and "what is what". The EU Court of Justice identified some elements that are useful for understanding the intent of the producer/holder of waste.