Opinion of the Advocate General — ECLI:EU:C:2001:459
Date: 2001-09-20
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Free movement of goods;Measures having equivalent effect;Quantitative restrictions;Waste
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 
1. Environment — Waste — Regulation No 259/93 on shipments of waste — Waste 
for disposal — National legislation generally prohibiting the export of such waste — 
Justification — Principles of proximity, priority for recovery and self-sufficiency — 
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SUMMARY — CASE C-324/99 
Obligation to review the compatibility of those rules with Articles 34 and 36 of the 
Treaty (now, after amendment, Articles 29 EC and 30 EC) — No such obligation 
(EC Treaty, Arts 34 and 36 (now, after amendment, Arts 29 EC and 30 EC); Council 
Regulation No 259/93, Art. 4(3)(a)(i)) 
2. Environment — Waste — Regulation No 259/93 on shipments of waste — Waste 
for disposal — National legislation introducing an obligation to offer such waste to an 
approved body — Waste not allocated to a treatment centre for which that body is 
responsible — Shipment to treatment installations in other Member States — 
Condition — Compliance with the national legislation on environmental protection 
of the State effecting the shipment — Not permissible 
(Council Regulation No 259/93, Art. 4(3)) 
3. Environment — Waste — Regulation No 259/93 on shipments of waste — Waste 
for disposal — Notification procedure applicable to shipments between Member 
States — Application by a State, before the implementation of that procedure, of its 
own procedure — Not permissible 
(Council Regulation No 259/93, Arts 3, 4 and 5) 
1. Where a national measure generally 
prohibiting exports of waste for dispo­
sal is justified by the principles of 
proximity, priority for recovery and 
self-sufficiency, in accordance with 
Article 4(3)(a)(i) of Regulat ion 
No 259/93 on the supervision and 
control of shipments of waste within, 
into and out of the European Commu­
nity, it is not necessary for that national 
measure to be subject to a further and 
separate review of its compatibility 
with Articles 34 and 36 of the Treaty 
(now, after amendment, Articles 29 EC 
and 30 EC). 
(see para. 46 and 
operative part 1) 
2. Article 4(3) of Regulation No 259/93 
on the supervision and control of 
shipments of waste within, into and 
out of the European Community does 
not authorise a Member State which 
has adopted legislation introducing an 
obligation to offer waste for disposal to 
an approved body to provide that, 
where the waste is not allocated to a 
treatment centre for which that body is 
responsible, its shipment to treatment 
installations in other Member States is 
authorised only on condition that the 
intended disposal satisfy the require­
ments of the environmental protection 
legislation of that Member State. 
(see para. 65, and 
operative part 2) 
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DAIMLERCHRYSLER 
3. Articles 3 to 5 of Regula t ion 
No 259/93 on the supervision and 
control of shipments of waste within, 
into and out of the European Commu­
nity, which define the procedure applic­
able to shipments between Member 
States of waste for disposal, preclude 
a Member State from applying to such 
shipments, before the implementation 
of the notification procedure laid down 
in the regulation, its own procedure in 
relation to the offer and allocation of 
the waste. 
(see para. 76 and 
operative part 3) 
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