Keywords
Summary

Keywords

1. Environment - Waste - Directive 75/442, as amended by Directive 91/156 - Means of proof - Application of rules of national law - Conditions

(EC Treaty, Art. 130r (now, after amendment, Art. 174 EC); Directive 75/442, as amended by Directive 91/156))

2. Environment - Waste - Directive 75/442, as amended by Directive 91/156 - Definition - Substance which has been discarded - Mere fact of undergoing a recovery operation within the meaning of Annex IIB - Insufficient

(Council Directive 75/442, as amended by Directive 91/156, Annex IIB)

3. Environment - Waste - Directive 75/442, as amended by Directive 91/156 - Definition - Substance which has been discarded - Use of a substance as fuel - Criteria of assessment

(Council Directive 75/442, as amended by Directive 91/156, Art. 1(a))

4. Environment - Waste - Directive 75/442, as amended by Directive 91/156 - Definition - Substance which has been discarded - Criteria of assessment

(Council Directive 75/442, as amended by Directive 91/156, Art. 1(a))

5. Environment - Waste - Directive 75/442, as amended by Directive 91/156 - Definition - Criteria of assessment

(Council Directive 75/442, as amended by Directive 91/156, Art. 1(a) and Annex IIB)

Summary

1. In the absence of Community provisions, Member States are free to chose the modes of proof of the various matters defined in the directives which they transpose, provided that the effectiveness of Community law is not thereby undermined.

The effectiveness of Article 130r of the Treaty (now, after amendment, Article 174 EC) and Directive 75/442 on waste, as amended by Directive 91/156, would be undermined if the national legislature were to use modes of proof, such as statutory presumptions, which had the effect of restricting the scope of the directive and not covering materials, substances or products which correspond to the definition of waste within the meaning of the directive.

( see paras 41-42 )

2. It may not be inferred from the mere fact that a substance undergoes a recovery operation listed in Annex IIB to Directive 75/442 on waste, as amended by Directive 91/156, that that substance has been discarded so as to enable it to be regarded as waste for the purposes of the directive.

( see para. 51 and operative part )

3. For the purpose of determining whether the use of a substance as a fuel is to be regarded as constituting discarding, it is irrelevant that those substances may be recovered in an environmentally responsible manner for use as fuel without substantial treatment.

The fact that that use as fuel is a common method of recovering waste and the fact that those substances are commonly regarded as waste may be taken as evidence that the holder has discarded those substances or intends or is required to discard them within the meaning of Article 1(a) of Directive 75/442 on waste, as amended by Directive 91/156. However, whether they are in fact waste within the meaning of the directive must be determined in the light of all the circumstances, regard being had to the aim of the directive and the need to ensure that its effectiveness is not undermined.

( see paras 72-73 and operative part )

4. The fact that a substance used as fuel is the residue of the manufacturing process of another substance, that no use for that substance other than disposal can be envisaged, that the composition of the substance is not suitable for the use made of it or that special environmental precautions must be taken when it is used may be regarded as evidence that the holder has discarded that substance or intends or is required to discard it within the meaning of Article 1(a) of Directive 75/442 on waste, as amended by Directive 91/156. However, whether it is in fact waste within the meaning of the directive must be determined in the light of all the circumstances, regard being had to the aim of the directive and the need to ensure that its effectiveness is not undermined.

( see para. 88 and operative part )

5. The fact that a substance is the result of a recovery operation within the meaning of Annex IIB to Directive 75/442 on waste, as amended by Directive 91/156, is only one of the factors which must be taken into consideration for the purpose of determining whether that substance is still waste, and does not as such permit a definitive conclusion to be drawn in that regard. Whether it is waste must be determined in the light of all the circumstances, by comparison with the definition set out in Article 1(a) of the directive, that is to say the discarding of the substance in question or the intention or requirement to discard it, regard being had to the aim of the directive and the need to ensure that its effectiveness is not undermined.

( see para. 97 and operative part )