Diritto ed Economia dell'ImpresaISSN 2499-3158
G. Giappichelli Editore

15/12/2021 - Transport of unsorted municipal waste in the E.U.: possible stop even if treated for waste-to-energy

argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: U.E. - transportation - waste

On 11 November 2021, the Court of Justice of the European Union - with the ruling on case C-315/20 - replying to the preliminary question of the Italian Council of State - interpreting regulation no. 1013/2006 and directive 2008/98 - has clarified the prevalence of E.U. Regulations for environmental protection over the categories of the Cer (European waste catalog). The consequence is that the passage of the treated waste from one category to another is not sufficient, in itself, to affirm that its composition has been changed, without prejudice to the possibility that the competent authority opposes their shipment to another Member State. In conclusion, the Court establishes the identity of the legal treatment of all unsorted municipal waste for the purpose of its shipment abroad, regardless of whether it is untreated and destined for disposal or treated for co-combustion. The Veneto Region therefore correctly denied the authorization, denying the special nature of the waste in question which resulted in the need to have it collected as close as possible to the place where it was produced.