CELEX: C2004/300/32
Language: en
Date: 2004-12-04 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 19 October 2004 in Case C-472/02 (reference for a preliminary ruling from the Cour d'appel de Bruxelles): Siomab SA v Institut bruxellois pour la gestion de l'environnement (Environment — Waste — Regulation (EEC) No 259/93 on shipments of waste — Competence of the authority of dispatch to verify the classification of the purpose of a shipment (recovery or disposal) and to object to a shipment based on an incorrect classification — Objection procedure)

4.12.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 300/16
            
         
      JUDGMENT OF THE COURT
   
   (Fifth Chamber)
   of 19 October 2004
   in Case C-472/02 (reference for a preliminary ruling from the Cour d'appel de Bruxelles): Siomab SA v Institut bruxellois pour la gestion de l'environnement (1)
   
   (Environment - Waste - Regulation (EEC) No 259/93 on shipments of waste - Competence of the authority of dispatch to verify the classification of the purpose of a shipment (recovery or disposal) and to object to a shipment based on an incorrect classification - Objection procedure)
   (2004/C 300/32)
   Language of the case: French
   In Case C-472/02: reference for a preliminary ruling under Article 234 EC from the Cour d'appel de Bruxelles (Belgium), made by decision of 20 December 2002, received at the Court on 27 December 2002, in the proceedings between Siomab SA and Institut bruxellois pour la gestion de l'environnement — the Court (Fifth Chamber), composed of: R. Silva de Lapuerta, President of the Chamber, C. Gulmann, (Rapporteur) and S. von Bahr, Judges; P. Léger, Advocate General; M.-F. Contet, Principal Administrator, for the Registrar, has given a judgment on 19 October 2004, in which it has ruled:
   Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community, as amended by Commission Decision 98/368/EC of 18 May 1998 and Commission Decision 1999/816/EC of 24 November 1999, is to be interpreted as meaning that, where a Member State has recourse, under Article 6(8) of that regulation, to the specific procedure whereby the competent authority of dispatch transmits the consignment note for a shipment of waste for recovery, that authority, if it considers it necessary to object to the shipment on the ground that it has been incorrectly classified by the notifier, may not reclassify the shipment on its own initiative and is required to transmit that document to the other competent authorities and the consignee. It is then for that authority to inform the notifier and the other competent authorities concerned of its objection by any appropriate means before the end of the period laid down in Article 7(2) of the Regulation at the latest.
   
      (1)  OJ C 44 of 22.2.2003.