Industry militates against EU waste opinion

European judge's push to classify waste incineration as disposal is "unbalanced, nonsense"

European industry groups are frantically casting about for a way to avert a possible ruling by the European court of justice that waste incineration is always a disposal operation rather than recovery. Such a ruling would blight waste incineration's future, undermine sustainable waste management and have perverse legal consequences, it is being claimed.

The state of alert follows a legal opinion delivered last week regarding a European Commission challenge to Luxembourg's classification of waste incineration as disposal and subsequent waste export ban. Court advocate general Francis Jacobs sided with Luxembourg, on the basis that the "principal objective" of waste incinerators is to eliminate waste rather than produce energy (EED 27/09/02).

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