2.

The effect of that memorandum, which was dated 26 October 1982 and addressed to the principal customs officers for the French regions, raises more sensitive issues, but I do not think that they should lead the Court to reverse its judgments in Inter-Huiles. That memorandum regulates the customs control of export applications for waste oils; it requires exporters to supply a certificate showing that the final consignee is a disposal undertaking licensed by the authorities of the Member State of destination. According to the French Government, the stated purpose of the memorandum confirms the compatibility of the disputed national rules with Directive 75/439. I do not share that view. First of all, the internal memorandum reserves the right to make exports to “holders” and “approved collectors” alone; as far as disposal undertakings are concerned, the export ban therefore remains wholly in force (see my Opinion in the Inter-Huiles case, paragraph III (2) (d). Furthermore, the legal force which may be given to that memorandum seems to me to be relative to say the least. Since it is merely an internal measure designed to interpret the existing rules for the benefit of the officials who are to apply it, the memorandum has not been published. Moreover, it expressly states that it is subject to review in the light of circumstances. Finally, when the question had been put to it by the Court in the Inter-Huiles case, the government confirmed that even though the memorandum had been issued for more than a month the prohibition of exports entailed by the French system for the collection and treatment of waste oils continued. The internal memorandum under consideration therefore has all the features of what have been described as mere administrative practices, “which by their nature can be changed as and when the authorities please and which are not publicized widely enough”, and which do not meet “the requirements of clarity and certainty in legal situations which directives seek (Case 102/79 Commission v Belgium [1980] ECR 1473 at p. I486, paragraph 11; also, more recently, Case 145/82 Commission v Italy [1983] ECR 711 at p. 718, paragraphs 9 and 10). These requirements are essential for the legal protection of individual rights, a fortiori when the administrative practice in question is supposed to be terminating the infringement of a directive by the national provisions ensuring its implementation in the national legal system. In view of the features which attach to its nature, the internal memorandum is therefore incapable of expunging the prohibition of exports which is a logical result of the French rules at issue. It does not appear to me, therefore, that on this analysis any of the submissions of fact or law is of such a nature as to require the reconsideration by the Court of the answer given in its judgment of 10 March 1983 in the Inter-Huiles case. For this reason I should like to refeito the Opinion which I delivered in that case, and I propose that the question which has been put to the Court by the Cour d'Appel, Lyon, should be answered as follows: Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils may not be interpreted as sanctioning a national provision implementing it which has the effect of prohibiting exports of waste oils to other Member States.