CELEX: C1997/252/38
Language: en
Date: 1997-08-16 00:00:00
Title: Reference for a preliminary ruling from the Uudenmaan Lääninoikeus by order of that court of 19 June 1997 in the case of KappAhl Oy (Case C-233/97)

16 . 8 . 97             EN                  Official Journal of the European Communities                                       No C 252/19
Reference for a preliminary ruling from the Raad van                   5 , ( a ) If Questions 3 ( a ) and/or 3 ( b ) or Question 4 are
Staat, Netherlands, by judgment of that court of 17 June                              answered in the affirmative, does Article 3 of
1997 in the case of L. Nederhoff & Zonen v. Dijkgraaf en                              Directive    76/464/EEC,       whether    or     not   in
   Hoogheemraden van het Hoogheemraadschap Rijnland                                  conjunction with Article 10 of the Directive,
                          Case C-232/97 )
                                                                                      permit, in connection with the appraisal of
                                                                                      applications for authorization, requirements to be
                           ( 97/C 252/37)                                             imposed which are not contained in the Directive,
                                                                                      such as the obligation to investigate whether to
                                                                                     choose less environmentally harmful alternatives ?
Reference has been made to the Court of Justice of the
European Communities by a judgment of the Raad van                            ( b ) If so, may those additional requirements lead to a
State ( Council of State ), Netherlands, of 17 June 1997,                             situation in which the grant of authorization is
which was received at the Court Registry on 25 June                                   impossible or possible only in exceptional cases ?
1997, for a preliminary ruling in the case of L. Nederhoff
& Zonen v. Dijkgraaf en Hoogheemraden van het Hoog­
heemraadschap Rijnland ( Dike warden and members of                    6 . If Questions 3 ( a ) and/or 3 ( b ) or Question 4 are
                                                                              answered        in   the     affirmative, do   the     limitative
the Rijnland Polder and Dike Conservancy ) on the
following questions:                                                          conditions contained in Annex I, point 32 ( 1 ) ( i ) and
                                                                              ( ii ), of Council Directive 76/769/EEC of 27 July 1976
                                                                              on the approximation of the laws, regulations and
                                                                              administrative provisions of the Member States
1 . Must the term 'discharge' in Article 1 ( 1 ) ( d) of                      relating to restrictions on the marketing and use of
     Council Directive 76/464/EEC of 4 May 1976 on                            certain dangerous substances and preparations ( OJ No
     pollution caused by certain dangerous substances                         L 262, 27. 9 . 1976, p. 201 ) preclude a competent
     discharged into the aquatic environment of the                           authority of a Member State, when considering
     Community ( OJ No L 129, 18 . 5 . 1976 , p. 23 ) be                      applications for authorization concerning the
     interpreted to include other 'significant sources ...                    introduction into surface water by professional users
     ( including multiple and diffuse sources )', as laid down                of creosote-treated wood, from applying assessment
     in Council Directive 86/280/EEC of 12 June 1986 on                       criteria such as to make that use impossible or possible
     limit values and quality objectives for discharges of                    only in very exceptional cases ?
     certain dangerous substances included in List I of the
     Annex to Directive 76/464/EEC ( OJ No L 181 , 4. 7.
     1986, p. 16 )?
2 . If the reply to Question 1 is in the negative, must the
     expression '( other) significant sources ... ( including          Reference for a preliminary ruling from the Uudenmaan
     multiple and diffuse sources )' in Article 5 of Directive         Laaninoikeus by order of that court of 19 June 1997 in
     86/280/EEC, be interpreted to include the leaching of                                       the case of KappAhl Oy
     creosote oil from wood placed in surface water ?                                                ( Case C-233/97)
                                                                                                       ( 97/C 252/38 )
3 . If the reply to Question 1 is in the affirmative, or the
     replies to Questions 1 and 2 are both in the negative,
     must the term 'discharge' in Article 1 ( 1 ) ( d ) of             Reference has been made to the Court of Justice of the
     Directive 76/464/EEC be interpreted as including:                 European Communities by an order of the Uudenmaan
                                                                       Laaninoikeus (Uusimaa Provincial Administrative Court )
                                                                       of 19 June 1997, which was received at the Court Registry
     ( a ) the introduction into surface water of wood                 on 25 June 1997, for a preliminary ruling in the case of
           impregnated with creosote oil, even though it is            KappAhl Oy on the following question:
           established in advance that through leaching-out
           the creosote oil will reach the surface water; or
                                                                       Is Article 99 of the Act of Accession ( ! ) to be interpreted
                                                                       as referring also to goods originating in non-member
     ( b ) the leaching out of creosote oil from wood placed           countries which have been in free circulation in another
           in surface water ?
                                                                       Member State of the European Community and are
                                                                       imported from there into Finland ?
4 . If Questions 3 ( a ) and/or 3 ( b ) are answered in the
                                                                       ( 1 ) Act concerning the conditions of accession of the Republiic of
     negative, is it permissible, in the light particularly of               Austria, the Republic of Finland and the Kingdom of Sweden
     Article 5 (2 ) and Article 10 of Directive 76/464/EEC,                  and the adjustments to the Treaties on which the European
     for national legislation or the competent authority to                  Union is founded ( OJ No C 241 , 29 . 8 . 1994 , p. 21 ).
     give another, more wide-ranging meaning to the
     notion of 'discharge' than that contained in the
     Directive ?