On 7 March 2012 the European Court decided to annul the 2002 decision by the European Commission that it would not raise any objections to the current imposition of the Aggregates Levy by the UK government and in particular to exemptions. On 31 July 2013 the Commission decided to open formal investigation procedures to give further consideration to certain aspects of the exemptions. This shift in policy will require that the fundamental problems in the definitions that are applied to identify supposed exempt materials are addressed and resolved. Here we discuss these issues and point out areas of ambiguity, indicating the reasons why these cause problems, and suggest solutions.

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