# C_2019139EN.01002801.xml

| 15.4.2019 | EN | Official Journal of the European Union | C 139/28 |
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15.4.2019

EN

Official Journal of the European Union

C 139/28

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Request for a preliminary ruling from the Gerechtshof Arnhem-Leeuwarden (Netherlands) lodged on 15 January 2019 — Criminal proceedings against P.F. Kamstra Recycling BV

(Case C-23/19)

(2019/C 139/27)

Language of the case: Dutch

Referring court

Gerechtshof Arnhem-Leeuwarden, sitting in Arnhem

Party to the main proceedings

P.F. Kamstra Recycling BV

Questions referred

| 1. | Is a substance which is not a by-product within the meaning of the Waste Framework Directive (1) by definition also not an animal by-product within the meaning of the Animal By-Products Regulation 2009, such that that substance is not excluded from the operation EWSR (2) pursuant to Article 1(3) EWSR? Or can it not be ruled out that a substance falls within the definition of animal by-products within the meaning of the Animal By-Products Regulation 2009 if that substance does not meet the requirements of Article 5(1) of the Waste Framework Directive, such that that substance does not necessarily fall under the EWSR? |
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1.

Is a substance which is not a by-product within the meaning of the Waste Framework Directive (1) by definition also not an animal by-product within the meaning of the Animal By-Products Regulation 2009, such that that substance is not excluded from the operation EWSR (2) pursuant to Article 1(3) EWSR? Or can it not be ruled out that a substance falls within the definition of animal by-products within the meaning of the Animal By-Products Regulation 2009 if that substance does not meet the requirements of Article 5(1) of the Waste Framework Directive, such that that substance does not necessarily fall under the EWSR?

| 2. | How should a shipment covered by the approval requirements of Regulation (EC) No 1774/2002 (3) (now Regulation (EC) No 1069/2009 (4)) be understood within the meaning of Article 1(3) EWSR: does it refer to the transport (between one country and another country) of animal by-products, irrespective of the category to which that material belongs? Or does it refer to the transport of material referred to in Article 48 of the Animal By-Products Regulation 2009 (formerly Article 8 of Regulation 1774/2002), which is limited to animal by-products or derived products within the meaning of that provision, thus Category 1 material and Category 2 material, and certain products derived therefrom, including processed animal proteins derived from Category 3 material? |
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2.

How should a shipment covered by the approval requirements of Regulation (EC) No 1774/2002 (3) (now Regulation (EC) No 1069/2009 (4)) be understood within the meaning of Article 1(3) EWSR: does it refer to the transport (between one country and another country) of animal by-products, irrespective of the category to which that material belongs? Or does it refer to the transport of material referred to in Article 48 of the Animal By-Products Regulation 2009 (formerly Article 8 of Regulation 1774/2002), which is limited to animal by-products or derived products within the meaning of that provision, thus Category 1 material and Category 2 material, and certain products derived therefrom, including processed animal proteins derived from Category 3 material?

| 3. | If a shipment subject to the approval requirements of Regulation (EC) No 1774/2002 (now Regulation (EC) No 1069/2009) should be understood to refer, within the meaning of Article 1(3)(d) EWSR, to the transport (between one country and another country) of animal by-products, irrespective of the category to which that material belongs, should Article 1(3)(d) EWSR then be read as referring also to shipments of mixtures of animal by-products and other substances and — if so — is the mixing ratio between the animal by-products and the other substances relevant in that regard? Or does an animal by-product lose the status of animal by-product within the meaning of the Animal By-Products Regulation 2009 and does that animal by-product become waste within the meaning of the EWSR as a result of being mixed with another substance? |
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3.

If a shipment subject to the approval requirements of Regulation (EC) No 1774/2002 (now Regulation (EC) No 1069/2009) should be understood to refer, within the meaning of Article 1(3)(d) EWSR, to the transport (between one country and another country) of animal by-products, irrespective of the category to which that material belongs, should Article 1(3)(d) EWSR then be read as referring also to shipments of mixtures of animal by-products and other substances and — if so — is the mixing ratio between the animal by-products and the other substances relevant in that regard? Or does an animal by-product lose the status of animal by-product within the meaning of the Animal By-Products Regulation 2009 and does that animal by-product become waste within the meaning of the EWSR as a result of being mixed with another substance?

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(1)  Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ 2008 L 312, p. 3).

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

(3)  Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (OJ 2002 L 273, p. 1).

(4)  Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ 2009 L 300, p. 1).

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