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Document 61988CJ0359

Sprieduma kopsavilkums

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Summary

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1 . Approximation of laws - Waste - Directives 75/442 and 78/319 - Concept - Objects capable of economic reutilization - Included

( Council Directives 75/442, Art . 1, and 78/319, Art . 1 )

2 . Approximation of laws - Waste - Directive 75/442 - Requirement of prior authorization for transport of waste - Discretion of the Member States - Authorizations issued by authorities not having competence at a national level - Permissible

( Council Directive 75/442, Arts 4, 5 and 10 )

Summary

1 . National legislation which defines waste as excluding substances and objects which are capable of economic reutilization is not compatible with Directives 75/442 and 78/319 .

2 . National legislation which does not make the transport of waste covered by Directive 75/442 subject to a system of prior authorization is compatible with Article 10 of that directive . However, the Member States may make the transport of waste covered by that directive subject to a system of prior authorization if they consider this necessary in order to achieve the aims of the directive .

The vesting in authorities which do not have competence at the national level of the power to issue authorizations for the transport of waste is compatible with Article 5 of the directive .

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