Opinion of the Advocate General — ECLI:EU:C:2007:84
Date: 2007-02-08
Language of the case: English
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Waste
Procedure: Reference for a preliminary ruling
Origin: United Kingdom

Summary of the Judgment 1. Environment – Waste – Directive 75/442 – Definition of waste (Council Directive 75/442, as amended by Directive 91/156, Arts 1(a) and 2(1)(b), (iv)) 2. Environment – Waste – Directive 75/442 – Scope (Council Directives 75/442, as amended by Directives 91/156, Arts 2(1)(b), 4, 8, and 15, and 91/271) 3. Environment – Urban waste water treatment – Directive 91/271 – Scope (Council Directive 75/442, as amended by Directive 91/156, Art. 2(2), and Directive 91/271) 1. Waste water which escapes from a sewerage network maintained by a statutory sewerage undertaker pursuant to Directive 91/271 concerning urban waste water treatment and the legislation enacted to transpose that directive constitutes waste within the meaning of Directive 75/442, as amended by Directive 91/156. It is clear from Article 2(1)(b)(iv) of Directive 75/442 that the Community legislature intended expressly to classify waste waters as waste within the meaning of that directive, while providing that that waste may, in certain circumstances, fall outside its scope and, therefore, the general legal regime for waste which it establishes. In consequence, the fact that waste water escapes from a sewerage network does not affect its character as ‘waste’ within the meaning of Directive 75/442. The escape of waste water from a sewerage network constitutes an event by which the sewerage undertaker, the holder of that waste water, ‘discards’ it. The fact that the waste water is spilled accidentally does not alter the outcome. (see paras 26, 28-29, operative part 1) 2. Article 2(1)(b)(iv) of Directive 75/442 on waste, as amended by Directive 91/156, excludes waste waters from its scope, with the exception of waste in liquid form, provided however that those waste waters are already covered by ‘other legislation’. That expression may also refer to national legislation. However, for Community or national legislation to be regarded as ‘other legislation’, it must contain precise provisions organising the management of waste and ensure a level of protection which is at least equivalent to that resulting from Directive 75/442 and, more particularly, Articles 4, 8 and 15 thereof. Directive 91/271 concerning urban waste water treatment does not ensure such a level of protection, and does not therefore constitute ‘other legislation’ within the meaning of Article 2(1)(b) of Directive 75/442. It falls to the national court to ascertain whether, in accordance with the criteria set out above, the national rules may be regarded as being ‘other legislation’ within the meaning of that provision. Such is the case if those national rules contain precise provisions organising the management of the waste in question and if they are such as to ensure a level of protection of the environment equivalent to that guaranteed by Directive 75/442 and, more particularly, by Articles 4, 8 and 15 thereof. (see paras 31-32, 34-35, 38, operative part 2) 3. Directive 91/271 concerning urban waste water treatment, which does not contain any provision which concerns, as such, waste water escaping from a sewerage network, cannot be regarded, as regards the management of such water, as special legislation (a lex specialis) vis-à-vis Directive 75/442 on waste as amended by Directive 91/156, and cannot therefore be applied pursuant to Article 2(2) of Directive 75/442. (see paras 40-41, operative part 3)