Keywords
Summary

Keywords

1. Environment - Waste - Regulation No 259/93 on shipments of waste - Waste for disposal - National legislation generally prohibiting the export of such waste - Justification - Principles of proximity, priority for recovery and self-sufficiency - Obligation to review the compatibility of those rules with Articles 34 and 36 of the Treaty (now, after amendment, Articles 29 EC and 30 EC) - No such obligation

(EC Treaty, Arts 34 and 36 (now, after amendment, Arts 29 EC and 30 EC); Council Regulation No 259/93, Art. 4(3)(a)(i))

2. Environment - Waste - Regulation No 259/93 on shipments of waste - Waste for disposal - National legislation introducing an obligation to offer such waste to an approved body - Waste not allocated to a treatment centre for which that body is responsible - Shipment to treatment installations in other Member States - Condition - Compliance with the national legislation on environmental protection of the State effecting the shipment - Not permissible

(Council Regulation No 259/93, Art. 4(3))

3. Environment - Waste - Regulation No 259/93 on shipments of waste - Waste for disposal - Notification procedure applicable to shipments between Member States - Application by a State, before the implementation of that procedure, of its own procedure - Not permissible

(Council Regulation No 259/93, Arts 3, 4 and 5)

Summary

1. Where a national measure generally prohibiting exports of waste for disposal is justified by the principles of proximity, priority for recovery and self-sufficiency, in accordance with Article 4(3)(a)(i) of Regulation No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community, it is not necessary for that national measure to be subject to a further and separate review of its compatibility with Articles 34 and 36 of the Treaty (now, after amendment, Articles 29 EC and 30 EC).

( see para. 46 and operative part 1 )

2. Article 4(3) of Regulation No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community does not authorise a Member State which has adopted legislation introducing an obligation to offer waste for disposal to an approved body to provide that, where the waste is not allocated to a treatment centre for which that body is responsible, its shipment to treatment installations in other Member States is authorised only on condition that the intended disposal satisfy the requirements of the environmental protection legislation of that Member State.

( see para. 65, and operative part 2 )

3. Articles 3 to 5 of Regulation No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community, which define the procedure applicable to shipments between Member States of waste for disposal, preclude a Member State from applying to such shipments, before the implementation of the notification procedure laid down in the regulation, its own procedure in relation to the offer and allocation of the waste.

( see para. 76 and operative part 3 )