ABSTRACT
European Economic Community (EEC) law on waste disposal is a complex field. Three sources of the complexity stand out: directives, treaty provisions, and case law. First, there are many directives concerning waste, waste disposal, and waste transportation. Second, general rules of the EEC Treaty are relevant in Member States' development of waste policies. Third, the European Court of Justice has provided substantial new case law on the transportation of waste. EEC directives, the EEC Treaty, and EEC case law make the understanding of all of the legal aspects of EEC waste law a difficult task. This chapter discusses some of the consequences of considering, in terms of the EEC Treaty, waste as a "good". The cornerstone of the EEC Treaty is the free movement of goods, including environmentally dangerous or hazardous goods. According to the EEC Treaty, restrictions on trade may be allowed if they are necessary to protect the environment.
