Opinion of the Advocate General — ECLI:EU:C:2004:365
Date: 2004-06-10
Language of the case: Italian
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Approximation of laws;Waste
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment 1. Environment – Waste – Directive 75/442, as amended by Directive 91/156 – Definition – Substance which is discarded – Subjection to disposal or recovery operations within the meaning of Annexes IIA and IIB – Insufficient (Council Directive 75/442, as amended by Directive 91/156, Art. 1(a), first subpara., and Annexes IIA and IIB) 2. Environment – Waste – Directive 75/442, as amended by Directive 91/156 – Meaning – Possible inclusion of reused production or consumption residues (Council Directive 75/442, as amended by Directive 91/156, Art. 1(a), first subpara.) 1. The definition of ‘waste’ in the first subparagraph of Article 1(a) of Directive 75/442 on waste, as amended by Directive 91/156 and by Decision 96/350, cannot be construed as covering exclusively substances or objects intended for, or subjected to, the disposal or recovery operations mentioned in Annexes IIA and IIB to that directive or in the equivalent lists, or to which their holder intends or is required to subject them. (see para. 40, operative part 1) 2. The concept of ‘waste’ for the purposes of the first subparagraph of Article 1(a) of Directive 75/442 on waste, as amended by Directive 91/156 and by Decision 96/350, is not to be interpreted as excluding all production or consumption residues which can be or are reused in a cycle of production or consumption, either without prior treatment and without harm to the environment, or after undergoing prior treatment without, however, requiring a recovery operation within the meaning of Annex IIB to that directive. (see para. 53, operative part 2)