Decision
Comment


Waste originating from shredding, sifting and packaging plants (STIR) must be considered as urban waste, albeit solely when its disposal must be managed. This was the conclusion recently reached by the Council of State in a landmark decision (5242, October 23 2014).

Decision

The council ruled that STIR waste may be regarded as special waste due to the physiochemical alterations that occur throughout the treatment. Consequently, European Waste Catalogue Code 19 legitimately applies. However, the council acknowledged that if the same waste is destined for disposal, the STIR treatment must be followed by a second treatment before the waste can be disposed of; because of this, the waste should not in practice be "excluded for good" from the category of urban waste.

Following this reasoning – which was based largely on the findings of a ministerial consultant – the council ruled that STIR waste from the Campania Region fell under the principle of self-sufficiency, which guides the disposal of urban waste at the regional level. According to this principle, regional authorities are awarded discretionary powers when handling the disposal of urban waste, including authorising its inter-regional transfer.

In doing so, the council has quelled the doubts raised by lower courts regarding the nature of STIR waste and the subsequent territorial limits regulating its disposal.

Comment

The Council of State decision is remarkable in that it seems to resolve the relatively lengthy affair concerning the movement of STIR waste, the principle of self-sufficiency and the related limits of application, which operate based on the nature and destination of the waste.

For further information on this topic please contact Luciano Butti at B&P Avvocati by telephone (+39 045 8012901), fax (+39 045 8031355) or email ([email protected]). The B&P Avvocati website can be accessed at www.buttiandpartners.com.