Joined Cases C-21/19 to C-23/19: Judgment of the Court (Fifth Chamber) of 3 September 2020 (requests for a preliminary ruling from the Gerechtshof Arnhem-Leeuwarden — Netherlands) — Criminal proceedings against XN (C-21/19), YO (C-22/19), P.F. Kamstra Recycling BV (C-23/19) (Reference for a preliminary ruling — Waste — Shipments — Regulation (EC) No 1013/2006 — Waste subject to the prior written notification and consent procedure — Article 1(3) — Shipments subject to approval requirements — Directive 2008/98/EC — Article 5(1) — Concept of ‘by-products’ — Regulation (EC) No 1069/2009 — Article 3, point 1 — Concept of ‘animal by-products’ — Shipments of a mixture of animal by-products and other material)
Date: 2020-09-03
Institutions: Court of Justice
Subjects: agricultural by-product, by-product, export of waste, material of animal origin, waste management








C_2020378EN.01000601.xml










9.11.2020   


EN


Official Journal of the European Union


C 378/6






Judgment of the Court (Fifth Chamber) of 3 September 2020 (requests for a preliminary ruling from the Gerechtshof Arnhem-Leeuwarden — Netherlands) — Criminal proceedings against XN (C-21/19), YO (C-22/19), P.F. Kamstra Recycling BV (C-23/19)
(Joined Cases C-21/19 to C-23/19) (1)

(Reference for a preliminary ruling - Waste - Shipments - Regulation (EC) No 1013/2006 - Waste subject to the prior written notification and consent procedure - Article 1(3) - Shipments subject to approval requirements - Directive 2008/98/EC - Article 5(1) - Concept of ‘by-products’ - Regulation (EC) No 1069/2009 - Article 3, point 1 - Concept of ‘animal by-products’ - Shipments of a mixture of animal by-products and other material)
(2020/C 378/07)
Language of the case: Dutch

Referring court

Gerechtshof Arnhem-Leeuwarden

Parties in the main proceedings

XN (C-21/19), YO (C-22/19), P.F. Kamstra Recycling BV (C-23/19)

Operative part of the judgment







1.


Article 5(1) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives and Article 3, point 1, of Regulation 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) must be interpreted as meaning that a material which cannot be classified as a ‘by-product’ within the meaning of the former provision may nevertheless be regarded as an ‘animal by-product’ within the meaning of the latter provision.










2.


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, as amended by Commission Regulation (EU) No 135/2012 of 16 February 2012, must be interpreted as meaning that shipments of animal by-products falling within Regulation No 1069/2009 are excluded from the scope of Regulation No 1013/2006, as amended by Regulation No 135/2012, except in cases where Regulation No 1069/2009 expressly provides for the application of Regulation No 1013/2006, as amended by Regulation No 135/2012.










3.


Article 1(3)(d) of Regulation No 1013/2006, as amended by Regulation No 135/2012, must be interpreted as meaning that that provision applies to the shipment of a mixture of Category 3 animal by-products, within the meaning of Article 10 of Regulation No 1069/2009, and other material, classified as non-hazardous waste, within the meaning of Regulation No 1013/2006, as amended by Regulation No 135/2012. The proportion of animal by-products in the mixture is not relevant in that regard.






(1)  OJ C 139, 15.4.2019.