Request for a preliminary ruling from the Gerechtshof Arnhem-Leeuwarden (Netherlands) lodged on 15 January 2019 — Criminal proceedings against XN

(Case C-21/19)

(2019/C 139/25)

Language of the case: Dutch

Referring court

Gerechtshof Arnhem-Leeuwarden, sitting in Arnhem

Party to the main proceedings

XN

Questions referred

1. Is a substance which is not a by-product within the meaning of the Waste Framework Directive (1) by definition also not an animal by-product within the meaning of the Animal By-Products Regulation 2009, such that that substance is not excluded from the operation EWSR (2) pursuant to Article 1(3) EWSR? Or can it not be ruled out that a substance falls within the definition of animal by-products within the meaning of the Animal By-Products Regulation 2009 if that substance does not meet the requirements of Article 5(1) of the Waste Framework Directive, such that that substance does not necessarily fall under the EWSR?

2. How should a shipment covered by the approval requirements of Regulation (EC) No 1774/2002 (3) (now Regulation (EC) No 1069/2009 (4)) be understood within the meaning of Article 1(3) EWSR: does it refer to the transport (between one country and another country) of animal by-products, irrespective of the category to which that material belongs? Or does it refer to the transport of material referred to in Article 48 of the Animal By-Products Regulation 2009 (formerly Article 8 of Regulation 1774/2002), which is limited to animal by-products or derived products within the meaning of that provision, thus Category 1 material and Category 2 material, and certain products derived therefrom, including processed animal proteins derived from Category 3 material?

3. If a shipment subject to the approval requirements of Regulation (EC) No 1774/2002 (now Regulation (EC) No 1069/2009) should be understood to refer, within the meaning of Article 1(3)(d) EWSR, to the transport (between one country and another country) of animal by-products, irrespective of the category to which that material belongs, should Article 1(3)(d) EWSR then be read as referring also to shipments of mixtures of animal by-products and other substances and — if so — is the mixing ratio between the animal by-products and the other substances relevant in that regard? Or does an animal by-product lose the status of animal by-product within the meaning of the Animal By-Products Regulation 2009 and does that animal by-product become waste within the meaning of the EWSR as a result of being mixed with another substance?

(1) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ 2008 L 312, p. 3).

(2) 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).

(3) Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (OJ 2002 L 273, p. 1).

(4) 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).