Opinion of the Advocate General — ECLI:EU:C:2003:222
Date: 2003-04-10
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Approximation of laws;Waste
Procedure: Reference for a preliminary ruling
Origin: Finland

Summary of the Judgment 
1. Environment — Waste — Directive 75/442, as amended by Directive 91/156 — 
Definition — Substance which has been discarded — Exception — Actual use of 
that substance for the principal activity 
(Council Directive 75/442, as amended by Directive 91/156) 
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SUMMARY — CASE C-114/01 
2. Environment — Waste — Directive 75/442, as amended by Directive 91/156 — 
Other legislation within the meaning of Article 2(1)(b) — National legislation not 
constituting a measure of application of the directive — Included — Conditions 
(Council Directive 75/442, as amended by Directive 91/156, Arts 1(d), 2(1)(b) and 11) 
1. Leftover rock and residual sand from 
ore-dressing operations from the oper­
ation of a mine may not be classified as 
waste within the meaning of Directive 
75/442 on waste, as amended by 
Directive 91/156, if the holder uses 
them lawfully for the necessary filling 
in of the galleries of that mine and 
provides sufficient guarantees as to the 
identification and actual use of the 
substances to be used for that purpose. 
(see para. 43, operative part 1) 
2. In so far as it does not constitute a 
measure of application of Directive 
75/442, as amended by Directive 
91/156, and in particular Article 11 of 
that directive, national legislation must 
be regarded as other legislation within 
the meaning of Article 2(1)(b) of that 
directive covering a category of waste 
mentioned in that provision, if it relates 
to the management of that waste as 
such within the meaning of Article 1(d) 
of Directive 75/442, and if it results in 
a level of protection of the environment 
at least equivalent to that aimed at by 
that directive, whatever the date of its 
entry into force. 
(see para. 61, operative part 2) 
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