Official Journal of the European Union

C 243/5

Reference for a preliminary ruling from the Rechtbank te Rotterdam (Netherlands) lodged on 18 May 2012 — Criminal proceedings against EBS Le relais Nord-Pas-De-Calais

(Case C-240/12)

2012/C 243/08

Language of the case: Dutch

Referring court

Rechtbank te Rotterdam

Party to the main proceedings

EBS Le relais Nord-Pas-De-Calais

Questions referred


Where waste is shipped by vessel from an EU Member State (in this case France) to a State in which the OECD-Decision does not apply (in this case the United Arab Emirates), is there ‘transit’ within the meaning of the former (1) and the new (2) Waste Shipment Regulation (WSR) if under way the vessel puts in at a port of another EU Member State (in this case the Port of Rotterdam)?


Does it make any difference to the answer to question 1 if:

there is storage and/or transhipment of that waste at that port and/or

that waste is taken ashore and/or

that waste is declared for import at customs?

(1)  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 (former WSR) (OJ 1993 L 30, p. 1)

(2)  Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (new WSR) (OJ 2006 L 190, p. 1)