Czech Hazardous Waste Shipment Winds Up in Court

The European Commission has referred the Czech Republic to the Court of Justice of the European Union because it failed to take back 20,000 tonnes of hazardous waste that was shipped to Katowice, Poland, by a Czech operator in late 2010 and early 2011.

The European Commission has referred the Czech Republic to the Court of Justice of the European Union because it failed to take back 20,000 tonnes of hazardous waste that was shipped to Katowice, Poland, by a Czech operator in late 2010 and early 2011. The case involves a dispute involving Poland and the Czech Republic on the classification of the shipment; Polish authorities refused to accept it on the grounds it was shipped in breach of the Waste Shipments Regulation (Regulation (EC) No 1013/2006) and should have been subject to the procedure of prior written notification and consent.

As the Poles saw it, it was an illegal shipment and Czech authorities should have accepted its return, but Czech authorities refused, arguing the material in question – a mixture of acid tar from petroleum refining, coal dust, and calcium oxide – was not waste but a product registered in accordance with the REACH Regulation.

The commission has intervened to resolve the dispute. "A reasoned opinion was sent to the Czech Republic in November 2015, rejecting the Czech arguments for classifying the shipment as a product and urging it to take it back. As the Czech authorities still refuse to take the waste back, the Commission has now referred the case to the Court of Justice of the EU," according to its news release.

It says if the relevant authorities in the Member States of destination and origin cannot agree on whether a shipment is waste or not, it must be treated as waste and taken back by its country of origin.

Download Center

  • Your Guide to Environmental Metrics that Drive Performance

    Translating sustainability into action starts with implementing the right metrics to assess your environmental risk and performance. Learn how to design metrics that improve your decision-making process and drive enterprise performance.

  • Unpacking ESG: 6 Questions You Were Too Afraid to Ask

    Environmental and Sustainability experts from Arcadis and Cority answer 6 of the most pressing questions EHS professionals have about getting started with Environmental, Social, and Governance (ESG) reporting.

  • 5 Keys to Best-in-Class Chemical Management

    Running a safe chemical program is challenging and complex: from knowing what's on-site to proper handling and disposal - all while navigating regulatory changes. Learn the best ways to mitigate chemical risk, get the most value out of your data, and gain buy-in for a chemical management solution.

  • Streamline Your Air Emissions Management

    See how consolidating all your emissions management functions into one centralized system can help you streamline your operations, more easily maintain compliance, and achieve greater time and cost savings.

  • A Crash Course in Creating the Right Environmental Scoring System

    Learn how to develop the right environmental scoring system so you can easily benchmark performance across all your facilities and gain a holistic view of your environmental programs.

  • Industry Safe