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EP Briefing Note on ECJ cases C 458/00 and C 228/00 regarding the recovery/disposal of waste

AUTHORS: Peter Beyer-Wenke Hansen

An analysis and interpretation in a written briefing-form of the ECJ rulings versus Luxembourg (C-458/00) and Germany (C-228/00)regarding the recovery/disposal of waste:

A trend towards more co-incineration of waste in industrial plants (eg cement kilns) is expected, as this is regarded as a recovery operation. Cross-border shipment of waste that is intended for co-incineration (for recovery) will probably increase. This can also include mixed commercial waste and hazardous waste, depending on the prices for recovery.

In order to ensure a high standard of waste recovery and disposal across Europe that is in line with other related European policy developments (such as the Integrated Product Policy, and the developing thematic strategies on waste and recycling and on resource management), different policy options should be considered. These should be based on a legal, technical, ecological and economic analysis of possible consequences of the ECJ rulings.

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