# C_2020255EN.01000401.xml

| 3.8.2020 | EN | Official Journal of the European Union | C 255/4 |
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3.8.2020

EN

Official Journal of the European Union

C 255/4

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Judgment of the Court (Fifth Chamber) of 28 May 2020 (request for a preliminary ruling from the Verwaltungsgericht Stuttgart — Germany) — Interseroh Dienstleistungs GmbH v SAA Sonderabfallagentur Baden-Württemberg GmbH

(Case C-654/18) (1)

(Reference for a preliminary ruling - Environment - Shipment of waste - Regulation (EC) No 1013/2006 - Procedure of prior written notification and consent - General information requirements - Annex IIIA - Mixture of paper, paperboard and paper products - Entry B3020 of Annex IX to the Basel Convention - Impurities - Contamination of a mixture by other materials - Environmentally sound method of recovery)

(2020/C 255/04)

Language of the case: German

Referring court

Verwaltungsgericht Stuttgart

Parties to the main proceedings

Applicant: Interseroh Dienstleistungs GmbH

Defendant: SAA Sonderabfallagentur Baden-Württemberg GmbH

Operative part of the judgment

| 1. | Article 3(2)(a) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste, as amended by Commission Regulation (EU) 2015/2002 of 10 November 2015, must be interpreted as meaning that it does not apply to a mixture of paper, paperboard and paper product wastes, each of which comes under one of the first three indents of entry B3020 of Annex IX to the Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, signed in Basel on 22 March 1989, approved on behalf of the European Community by Council Decision 93/98/EEC of 1 February 1993, reproduced in List B of Part 1 of Annex V to that regulation, and which also contains up to 10 % impurities. |
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1.

Article 3(2)(a) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste, as amended by Commission Regulation (EU) 2015/2002 of 10 November 2015, must be interpreted as meaning that it does not apply to a mixture of paper, paperboard and paper product wastes, each of which comes under one of the first three indents of entry B3020 of Annex IX to the Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, signed in Basel on 22 March 1989, approved on behalf of the European Community by Council Decision 93/98/EEC of 1 February 1993, reproduced in List B of Part 1 of Annex V to that regulation, and which also contains up to 10 % impurities.

| 2. | Article 3(2)(b) of Regulation No 1013/2006, as amended by Regulation 2015/2002, must be interpreted as meaning that it applies to such a mixture of wastes provided that, first, that mixture does not contain materials which come under the fourth indent of entry B3020 of Annex IX to that convention, reproduced in List B of Part 1 of Annex V to that regulation, and, second, the requirements in paragraph 1 of Annex IIIA to that regulation are met, which it is for the referring court to verify. |
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2.

Article 3(2)(b) of Regulation No 1013/2006, as amended by Regulation 2015/2002, must be interpreted as meaning that it applies to such a mixture of wastes provided that, first, that mixture does not contain materials which come under the fourth indent of entry B3020 of Annex IX to that convention, reproduced in List B of Part 1 of Annex V to that regulation, and, second, the requirements in paragraph 1 of Annex IIIA to that regulation are met, which it is for the referring court to verify.

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(1)  OJ C 35, 28.1.2019.

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