CELEX: C2003/031/21
Language: en
Date: 2003-02-08 00:00:00
Title: Case C-457/02: Reference for a preliminary ruling by the Tribunale Penale di Terni (Italy) by order of that court of 20 November 2002 in criminal proceedings against Antonio Niselli

C 31/14                 EN                       Official Journal of the European Union                                         8.2.2003
—     Lump-sum financial corrections have already been                   Pleas in law and main arguments
      imposed in respect of the crop years 1994, 1995 and
      1996 for the same reason; lack of a statement of reasons,
      or otherwise an insufficient statement of reasons, because
      of an error as to the facts, of misappraisal of the facts and      The time-limit for transposition expired on 31 July 2001.
      of a failure to take account of relevant matters.
—     In the alternative: the Commission lacked competence
      ratione temporis; incorrect interpretation and application         (1 ) OJ 1999 L 201, p. 77.
      of Article 5(2)(c) of Regulation No 729/70 and
      Article 8(1) of Regulation No 1663/95.
( 1) OJ No L 61, 10.3.1999, p. 37.
( 2) OJ No L 280, 18.10.2002, p. 88.
                                                                         Reference for a preliminary ruling by the Tribunale Penale
                                                                         di Terni (Italy) by order of that court of 20 November
                                                                             2002 in criminal proceedings against Antonio Niselli
Action brought on 11 December 2002 by the Commission
of the European Communities against the Kingdom of
                               Spain                                                              (Case C-457/02)
                         (Case C-449/02)
                                                                                                   (2003/C 31/21)
                          (2003/C 31/20)
                                                                         Reference has been made to the Court of Justice of the
                                                                         European Communities by order of the Tribunale Penale di
An action against the Kingdom of Spain was brought before the
                                                                         Terni (Italy) of 20 November 2002, which was received at the
Court of Justice of the European Communities on 11 December
                                                                         Court Registry on 18 December 2002, for a preliminary
2002 by the Commission of the European Communities,                      ruling in criminal proceedings against Antonio Niselli on the
represented by Maria Patakia, Legal Adviser, and Isabel Martí-
                                                                         following questions to determine whether the definition of
nez del Peral, of its Legal Service, acting as Agents.
                                                                         ‘waste’ introduced by Directive 75/442/EEC (1), as amended by
                                                                         Directive 91/156/EEC (2), must continue to be understood and
                                                                         interpreted for the time being in Italy in the light of the case-
The applicant claims that the Court should :                             law of the Court of Justice cited above or in the light of
                                                                         Article 14 of Legislative Decree No 138 of 8 July 2002,
                                                                         converted into Law No 178 of 8 August 2002:
—     Declare that, by failing to adopt and bring into force
      within the prescribed period the laws, regulations and
      administrative provisions necessary to comply with
      Directive 1999/42/EC ( 1) of the European Parliament and
      of the Council of 7 June 1999 establishing a mechanism             Must the concept of waste be strictly subject to the following
                                                                         conditions: that the words ‘discards’, ‘intends to discard’ or ‘is
      for the recognition of qualifications in respect of the
      professional activities covered by the Directives on liberal-      required to discard’, introduced into Italian law by
                                                                         Article 6(1)(a) of Legislative Decree No 22 of 5 February 1997,
      isation and transitional measures and supplementing the
      general systems for the recognition of qualifications or,          are to be interpreted as follows:
      in any event, by failing to communicate them, the
      Kingdom of Spain has failed to fulfil its obligations under
      that directive;                                                    (a)   ‘discards’: any conduct whereby, directly or indirectly,
                                                                               substances, materials or goods are disposed of or subject-
                                                                               ed to disposal or recycling, in accordance with Annexes B
—     Order the Kingdom of Spain to pay the costs.                             and C to Legislative Decree No 22;
 ---pagebreak--- 8.2.2003              EN                        Official Journal of the European Union                                          C 31/15
(b)  ‘intends to discard’: the intention to subject substances,         (a)   they can and are in fact and objectively reutilised for the
     materials or goods to disposal or recycling, in accordance               same or similar or different production or consumption
     with Annexes B and C to Legislative Decree No 22;                        purposes, provided they have not previously been dis-
                                                                              posed of and do not harm the environment;
(c)  ‘is required to discard’: the obligation to submit sub-
     stances, materials or goods to for recycling or disposal as        (b)   they can and are in fact and objectively reutilised for the
     a result of a statutory provision, a measure laid down by                same or similar or different production or consumption
     a public authority or of the nature of the substances,                   purposes, after having previously been disposed of,
     materials or goods themselves, or because they are                       provided that no recycling of the kind mentioned in
     included in the list of hazardous waste set forth in                     Annex C to Legislative Decree No 22/97, in force in Italy
     Annex D to Legislative Decree No 22?                                     (which faithfully reproduces Annex II B to Directive 91/
                                                                              156/EEC), is necessary?
Does the concept of ‘waste’ not apply to materials, goods or
substances which are production or consumption residue                  (1 ) OJ 1975 L 194, p. 39.
where:                                                                  (2 ) OJ 1991 L 78, p. 32.