European Court broadens meaning of waste recovery

The European Court of Justice has held that depositing incinerator residues in disused mines in order to fill in voids can be considered a waste recovery operation rather than waste disposal. The decision is of particular importance for the transfrontier shipments of wastes since the control regimes are much tighter for waste disposal, but the principles are likely to have wider application. It could also lead to abuse by operators, and the Court has emphasised the need for regulators to check the true purpose of shipments, as well as clarifying their legal basis for doing so.

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