In the present case the Court of Appeal held that the question whether waste collected from households was still household waste and therefore prohibited from export to China, or whether it had become paper waste (see Annex V Part 3 and List B of part 1 of the EU Regulation), was a question of fact for the jury: We are confident that a judge will be able to give sufficient directions to a jury to enable them to make a decision as to whether a particular consignment is properly described as household waste and for them to perform their task by applying that test to the facts