# C_2007211EN.01002601.xml

| 8.9.2007 | EN | Official Journal of the European Union | C 211/26 |
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8.9.2007

EN

Official Journal of the European Union

C 211/26

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Reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 10 July 2007 — Lahti Energia Oy

(Case C-317/07)

(2007/C 211/48)

Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings

Applicant: Lahti Energia Oy

Applicant:

Other parties: Lahden ympäristölautakunta, Hämeen ympäristökeskus, Salpausselän luonnonystävät ry

Other parties:

Questions referred

| 1. | Is Article 3(1) of Directive 2000/76/EC (1) to be interpreted as meaning that the directive does not apply to the incineration of gaseous waste? |
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1.

Is Article 3(1) of Directive 2000/76/EC (1) to be interpreted as meaning that the directive does not apply to the incineration of gaseous waste?

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| 2. | Is a gas plant where gas is generated from waste by means of pyrolysis to be regarded as an incineration plant within the meaning of Article 3(4) of Directive 2000/76/EC even if it has no incineration line? |
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2.

Is a gas plant where gas is generated from waste by means of pyrolysis to be regarded as an incineration plant within the meaning of Article 3(4) of Directive 2000/76/EC even if it has no incineration line?

| 3. | Is combustion in the boiler of the power plant of producer gas which is generated in the gas plant and purified after the gasification process to be regarded as an operation within the meaning of Article 3 of Directive 2000/76/EC? Does it have any bearing that the purified producer gas replaces the use of fossil fuels and that the emissions per unit of energy generated by the power plant would be lower when using purified producer gas generated from waste than when using other fuels? Is it of any relevance to the interpretation of the scope of Directive 2000/76/EC, first, whether the gas plant and the power plant form one plant having regard to the technical production aspects and the distance between them or, second, whether the purified producer gas generated at the gas plant is portable and may be used elsewhere, for example for energy production, as a fuel or for another purpose? |
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3.

Is combustion in the boiler of the power plant of producer gas which is generated in the gas plant and purified after the gasification process to be regarded as an operation within the meaning of Article 3 of Directive 2000/76/EC? Does it have any bearing that the purified producer gas replaces the use of fossil fuels and that the emissions per unit of energy generated by the power plant would be lower when using purified producer gas generated from waste than when using other fuels? Is it of any relevance to the interpretation of the scope of Directive 2000/76/EC, first, whether the gas plant and the power plant form one plant having regard to the technical production aspects and the distance between them or, second, whether the purified producer gas generated at the gas plant is portable and may be used elsewhere, for example for energy production, as a fuel or for another purpose?

| 4. | Under what conditions may the purified producer gas generated at the gas plant be regarded as a product, so that the regulations on waste no longer apply to it? |
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4.

Under what conditions may the purified producer gas generated at the gas plant be regarded as a product, so that the regulations on waste no longer apply to it?

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(1)  Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste, OJ L 332, 28.12.2000, p. 91.

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