While it confirmed this could include non-paper contamination, the Court would not be drawn on how much ‘contamination’ would be acceptable.
Instead, it confirmed that such waste must not be contaminated to the extent that it prevents recovery in an environmentally sound manner.
Commenting on the ruling, Jonathon Bell, an associate in the regulatory team at London-based legal firm Fieldfisher, said: “Whether a waste can be recovered in an environmentally sound manner is a question of fact for the competent national authorities and, where applicable, the national courts to decide.
“The competent national authorities or courts would include that of the shipper, the destination, and possibly any interim destinations as well.
“In the event of a disagreement between them on these questions the waste would not benefit from green list status.”
The Court invited EU member states to draw up criteria to help operators and competent authorities understand the application of the green list waste controls.
It is unclear how this ruling will apply to the UK in the post-Brexit era and it is understood to apply to trade within Europe.
Shipments
The case from which the ruling arose centred on German waste management company Interseroh Dienstleistungs, which ships waste paper for recycling into new paperboard at the ESKA Graphic Board factory in the Netherlands (see letsrecycle.com story).
Interseroh believed its wastepaper, which can contain up to 10% ‘impurities’, should be classed as green list waste and subject to reduced controls.
These impurities could include beverage cartons, plastics or metals.
However, the local authority in Baden-Wurttemberg disputed this view and so Interseroh, via the local administrative court in Stuttgart, sought clarification from the European Court of Justice.
Interseroh has been contacted for comment.
A more comprehensive overview of the ruling can be read here.
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