Opinion of the Advocate General — ECLI:EU:C:2019:61
Date: 2019-01-24
Language of the case: German
Subject matter: Agriculture and Fisheries;Environment;Public health;Veterinary legislation;Waste
Procedure: Reference for a preliminary ruling
Origin: Germany

Request for a preliminary ruling from the Verwaltungsgericht Oldenburg (Germany) lodged on 13 November 2017 — ReFood GmbH & Co. KG v Landwirtschaftskammer Niedersachsen (Case C-634/17) Language of the case: German Referring court Verwaltungsgericht Oldenburg Parties to the main proceedings Applicant: ReFood GmbH & Co. KG Defendant: Landwirtschaftskammer Niedersachsen Questions referred The following questions on the interpretation of Article 1(3)(d) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste 1 are referred for a preliminary ruling: 1. Is the provision to be interpreted as an exemption which applies to all shipments which, pursuant to Article 2 of Regulation (EC) No 1069/2009, 2 come within the scope of that latter regulation? 2. If the first question should be answered in the negative: Is the provision to be interpreted as an exemption which applies to shipments which are subject to rules regarding collection, transport, identification and traceability pursuant to Regulation (EC) No 1069/2009, read also in conjunction with Implementing Regulation (EU) No 142/2011? 3 3. If the second question should be answered in the negative: Is the provision to be interpreted as an exemption which applies only to those shipments which are consignments requiring consent pursuant to Article 48(1) of Regulation (EC) No 1069/2009? ____________ 1 OJ 2006 L 190, p. 1. 2 Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ 2009 L 300, p. 1). 3 Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (OJ 2011 L 54, p. 1).