Keywords
Summary

Keywords

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1 . Approximation of laws - Waste - Directive 75/442 - National legislation restricting the sale and use of non-biodegradable containers - Permissibility

( Council Directive 75/442 )

2 . Approximation of laws - Waste - Directive 75/442 - Obligation to give notice of draft legislation - Scope - Breach - Consequences

( Council Directive 75/442, Art . 3(2 ) )

Summary

1 . Directive 75/442 on waste does not give individuals the right to sell or use plastic bags and other non-biodegradable containers . It cannot be inferred from the fact that the directive does not prohibit the sale or the use of any product that it prevents Member States from imposing such prohibitions in order to protect the environment, especially since it is intended inter alia to encourage national measures likely to prevent the production of waste .

2 . Article 3(2 ) of Directive 75/442 requires the Member States to inform the Commission in good time, that is to say before their final adoption, of any draft rules restricting the use and sale of non-biodegradable wrappings . It is directed not only at draft rules concerning inter alia the use of products which might be a source of technical difficulties as regards disposal or lead to excessive disposal costs but also, by virtue of paragraph 1, at all draft rules designed to encourage inter alia the prevention, recycling and processing of waste .

Since the directive does not provide for any derogation or limitation regarding that obligation to inform the Commission, it extends to draft rules drawn up by all authorities in the Member States, including decentralized authorities such as municipalities .

The abovementioned provision of the directive concerns only relations between the Member States and the Commission and thus does not give individuals any right which they may enforce before national courts in order to obtain the annulment or suspension of national rules falling within its scope on the ground that the rules were adopted without having previously been communicated to the Commission .