Opinion of the Advocate General — ECLI:EU:C:2007:100
Date: 2007-02-15
Language of the case: Dutch
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Waste
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment 1. Environment – Waste – Regulation No 259/93 on shipments of waste (Council Regulation No 259/93, Annex II) 2. Environment – Waste – Regulation No 259/93 on shipments of waste (Council Regulation No 259/93, Annex II) 1. Heading GC 020, concerning electronic scrap, of the green list of wastes in Annex II to Regulation No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community, as amended by Regulation No 2557/2001, is to be interpreted as covering wire cable only if such wire comes from electronic equipment. (see para. 23, operative part 1) 2. The more flexible system applicable to wastes appearing on the green list of wastes in Annex II to Regulation No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community, as amended by Regulation No 2557/2001, namely their not being subject to the essential aspects of the supervision and control procedures established by that regulation, cannot in principle be extended to wastes which do not appear on that list. In particular, where waste is composed of two materials which, when considered separately, may constitute types of waste which are included on the green list of wastes, it does not automatically follow that such composite waste comes under that list. The conditions under which waste may be processed and the environmental risks associated with the handling of such waste are not necessarily the same and may vary according to whether the waste concerned consists of a composite whole made up of a number of materials or whether each one of those materials constitutes a distinct type of waste. (see paras 32-33, 42, operative part 2)