Intensive border traffic ? - Legal questions of waste transports between Netherlands and Germany

The amount of waste exportet from the Netherlands to Germany has increased heavily during the last years from 526.000 tons in 1998 up to almost 4 million tons in 2003.

More than 70% of the waste imported into Germany is of Dutch origine. This intensive trade causes lots of practical and legal questions. Although the trade of waste is ruled by the European Waste Shipment Regulation, the interpretation of some crucial provisions, as well as the interpretation of some basic terms is not alwas the same in both countries. After offering an overview over the legal provisions, the competent authorities and the procedures in the Netherlands, the article discusses Dutch interpretations of central notions of waste law and wastetransport-policy. The system of legal protection is described. Especially the possibilities of provisional relief seem to be significantly broader than in Germany. Finally, some interesting practical cases, some being judged recently, others still pending, are discussed.
Autor(en)
Prof. Dr. Chris W. Backes, Bernard J. M. Veldhoven
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© Lexxion Verlagsgesellschaft mbH
Publikation
EurUp 06 / 2004 (Dezember 2004)
Verkaufspreis
€ 32,00