Opinion of the Advocate General — ECLI:EU:C:2006:534
Date: 2006-09-07
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Public health;Waste
Procedure: Reference for a preliminary ruling
Origin: Austria

summary of consultations in Council document 15537/05 ADD 1 of 9 December 2005, p. 4. 33 – Judgments in Cases C-206/88 and C-207/88 Vessoso and Zanetti [1990] ECR I-1461, paragraph 8, in Joined Cases C-304/94, C-330/94, C-342/94 and C-224/95 Tombesi and Others [1997] ECR I-3561, paragraph 47, and in Case C-129/96 Inter-Environnement Wallonie [1997] ECR I-7411, paragraph 31. 34 – Palin Granit (cited in footnote 21, paragraph 37). 35 – See the Commission’s preliminary estimate of the costs of incinerating animal by-products in its Proposal for a Regulation of the European Parliament and of the Council laying down the health rules concerning animal by-products not intended for human consumption, COM(2000) 0574 final, p. 18 et seq., which led to Regulation No 1774/2002, and the Community guidelines for State aid concerning TSE tests, fallen stock and slaughterhouse waste OJ 2002 C 324, p. 2. In Germany’s case Adolf Notrrodt and colleagues in Technical Requirements and General Recommendations for the Disposal of Meat and Bone Meal and Tallow, 2001, p. 30, 37, 41 and 43, (English version available at http://www.bmu.de/files/pdfs/allgemein/application/pdf/tiermeht.pdf), assumes prices of some EUR 50 per tonne for the incineration of meat-and-bone meal. According to that study the handling of meat-and-bone meal involves costly safety measures. 36 – Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ 2006 L 190, p.1). 37 – Case C-114/01 AvestaPolarit Chrome [2003] ECR I-8725, paragraph 52. 38 – AvestaPolarit Chrome (cited in footnote 37, paragraph 59). See too Case C-416/02 Commission v Spain [2005] ECR I-7487, paragraph 102, and Case C-121/03 Commission v Spain [2005] ECR I-7569, paragraph 72. 39 – Commission v Spain (cited in footnote 38, Case C-416/02, paragraph 101, and Case C-121/03, paragraph 71). 40 – In the case of Bulgaria Article 1(4) of Commission Regulation (EC) No 1547/1999 of 12 July 1999 determining the control procedures under Council Regulation (EEC) No 259/93 to apply to shipments of certain types of waste to certain countries to which OECD Decision C(92)39 final does not apply, in conjunction with Annex D, also provides with regard to the control procedure applicable under Council Regulation (EEC) No 259/93 (OJ 1993 L 185, p. 1) as amended by Commission Regulation (EC) No 2243/2001 of 16 November 2001 amending Council Regulation (EC) No 1420/1999 and Commission Regulation (EC) No 1547/1999 as regards shipments of certain types of waste to Cameroon, Paraguay and Singapore (OJ 2001 L 303, p. 11), that no control procedures are to apply to shipments of waste on the green list. 41 – See Case C-6/00 ASA [2002] ECR I-1961, paragraph 69, Case C-228/00 Commission v Germany [2003] ECR I-1439, paragraph 41 et seq., and Case C‑458/00 Commission v Luxembourg [2003] ECR I-1553, paragraph 32 et seq. By contrast, if the meat-and-bone meal had been transported with the purpose of disposal, the general provisions would in any event have had to be applied. In that case, the initial shipment would have had to be notified under Article 3 et seq. of the Waste Shipment Regulation and the return, under Article 25. 42 – Commission Decision 94/721/EC of 21 October 1994 adapting, pursuant to Article 42 (3), Annexes II, III and IV to Council Regulation (EEC) No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community (OJ 1994 L 288, p. 36). 43 – ‘Dried, sterilised and stabilised flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption but fit for animal feed or other purposes; greaves’. 44 – Decision of the Council C(94)153/FINAL amending the Decision concerning the Control of Transfrontier Movements of Wastes destined for Recovery Operations [C(92)39/FINAL] with respect to the green list of wastes (adopted by the Council at its 834th session on 28 and 29 July 1994); http://www.olis.oecd.org/olis/1994doc.nsf/linkto/c(94)153-final, the third recital of which is: ‘to replace entries GM 010 to GM 060 in the green list by a general entry dealing with wastes from the agro-food industry’ (GM 010 covered meat-and-bone meal).