CELEX: C1998/327/14
Language: en
Date: 1998-10-24 00:00:00
Title: Reference for a preliminary ruling from the Pretura Circondariale, Udine (Sezione distaccata di Cividale del Friuli), by order of that court of 21 July 1998 in the criminal proceedings pending before it against Claudio Chiarotti and Antonio Chillemi (Case C-317/98)

C 327/10              EN               Official Journal of the European Communities                                     24.10.98
Pleas in law and main arguments adduced in support:                   waste in the production area which, under the
                                                                      national legislation in force, may extend for one year,
                                                                      constitute temporary storage under the Community
By virtue of Article 189 of the EC Treaty, pursuant                   directives?
to which a directive is binding, as to the result to be
achieved, upon each Member State to which it is
addressed, the Member States are under an obligation to           (1) OJ L 78, 26.3.1991, p. 32.
comply with time-limits for transposition laid down
directives. In the case of the abovementioned directive, the
prescribed period expired on 30 June 1996 without the
Italian Republic having adopted the provisions needed to
comply with it.
(1) OJ L 157, 7.7.1995, p. 1.
                                                                  Reference for a preliminary ruling by the Pretura
                                                                  Circondariale di Udine, Sezione Distaccata di Cividale del
                                                                  Friuli, by order of that court of 16 July 1998 in criminal
                                                                       proceedings against Giancarlo Fornasar and others
Reference for a preliminary ruling from the Pretura                                       (Case C-318/98)
Circondariale, Udine (Sezione distaccata di Cividale del
Friuli), by order of that court of 21 July 1998 in the                                     (98/C 327/15)
criminal proceedings pending before it against Claudio
                Chiarotti and Antonio Chillemi
                       (Case C-317/98)
                        (98/C 327/14)                             Reference has been made to the Court of Justice of
                                                                  the European Communities by order of the Pretura
                                                                  Circondariale di Udine, Sezione Distaccata di Cividale
                                                                  del Friuli (Udine District Magistrate's Court, Separate
Reference has been made to the Court of Justice of the
                                                                  Chamber for Cividale del Friuli) of 16 July 1998,
European Communities by an order of the Pretura
                                                                  received at the Court Registry on 18 August 1998, for
Circondariale (District Magistrates Court), Udine, by
                                                                  a preliminary ruling in criminal proceedings against
order of that court of 21 July 1998, which was received at
                                                                  Giancarlo Fornasar and others on the following questions:
the Court Registry on 18 August 1998, for a preliminary
ruling in the criminal proceedings pending before it
against Claudio Chiarotti and Antonio Chillemi on the
following questions:
                                                                  Ð For the purposes of classifying waste as hazardous
                                                                      within the meaning of Article 1(4) of Council
Ð What is the difference (if any) between temporary                   Directive 91/689/EEC (1) and Council Decision 904/94/
     storage and storage of waste pending further                     EC (2), is it necessary in each particular case to identify
     operations (or storage of materials) within the                  the origin of the waste, referred to for purposes of
     producer's premises, and what are the criteria for               classification by the list of hazardous waste adopted in
     determining in a given case which of those forms of              that decision, or is it sufficient for such purposes that,
     storage is involved?                                             by reason of its composition, the substance can only
                                                                      be used in theory in a given production process, or is
                                                                      derived as a final product from that process?
Ð Is temporary storage excluded from waste
     management' in the sense contemplated in Article 1(d)
     of Council Directive 91/156/EEC (1) and from all the
     obligations in relation thereto, including the
     notification of temporary storage to the supervisory         Ð Is the list adopted by Council Decision 904/94
     authorities?                                                     exhaustive, so that waste which is not referred to
                                                                      in the list, but which nevertheless displays the
                                                                      characteristics referred to in Annexes I, II and III to
Ð Is temporary storage subject to supervision and, if                 Directive 91/689/EEC, is excluded?
     so, to what type of measures; in that regard do
     the principles contained in the first and second
     subparagraphs of Article 4 of Directive 91/156/EEC
     apply and to what extent?
                                                                  Ð If the Court finds that the list of hazardous waste is
                                                                      not exhaustive, must automatic addition of hazardous
Ð Does the offence with which the defendants are                      waste to the list be deemed to operate on the basis of
     charged, namely the storage of 2 985 kg of dangerous             Annexes I, II and III to Directive 91/689/EEC?