1.10.2005

Official Journal of the European Union

C 243/3

Reference for a preliminary ruling from the Rechtbank Rotterdam by interim decision of that court of 8 June 2005 in the criminal proceedings against OMNI Metal Service

(Case C-259/05)

(2005/C 243/05)

Language of the case: Dutch

Reference has been made to the Court of Justice of the European Communities by interim decision of the Rechtbank Rotterdam of 8 June 2005, received at the Court Registry on 20 June 2005, for a preliminary ruling in the criminal proceedings against OMNI Metal Service on the following questions:

1.	Can cable scrap such as that in issue in the present case (in part with a diameter of 15 cm) be classified as ‘electronic scrap (e.g. … wire, etc.)’ within the terms of Code GC 020 of the green list? (1)

If the Court of Justice should answer Question 1 in the negative, can or must a combination of green list materials, which is not as such mentioned in the green list, be regarded as a green list material and may that combination of materials be transported for purposes of recovery without the notification procedure being applicable?

3.	Is it necessary in this connection that the waste materials be offered or transported separately?

(1) Annex II to Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community (OJ 1993 L 30, p. 1)