CELEX: C2007/183/07
Language: en
Date: 2007-08-04 00:00:00
Title: Case C-259/05: Judgment of the Court (First Chamber) of 21 June 2007 (reference for a preliminary ruling from the Rechtbank te Rotterdam, Netherlands) — Criminal proceedings against Omni Metal Service (Regulation (EEC) No 259/93 — Waste — Cables composed of copper and PVC — Export to China for purposes of recovery — Heading GC 020 — Mixed waste — Combination of two materials mentioned in the green list of wastes — Such mixed waste not included on the green list — Consequences)

4.8.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 183/5
            
         Judgment of the Court (First Chamber) of 21 June 2007 (reference for a preliminary ruling from the Rechtbank te Rotterdam, Netherlands) — Criminal proceedings against Omni Metal Service
   (Case C-259/05) (1)
   
   (Regulation (EEC) No 259/93 - Waste - Cables composed of copper and PVC - Export to China for purposes of recovery - Heading GC 020 - Mixed waste - Combination of two materials mentioned in the green list of wastes - Such mixed waste not included on the green list - Consequences)
   (2007/C 183/07)
   Language of the case: Dutch
   Referring court
   Rechtbank te Rotterdam
   Party in the criminal prosecution in the main proceedings
   Omni Metal Service
   Re:
   Reference for a preliminary ruling — Rechtbank Rotterdam — Interpretation of 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 (OJ 1993 L 30, p. 1) — Whether cable scrap with a diameter of 15 cm and composed of different materials may be classified as electronic scrap within the meaning of heading GC 020 of the green list in Annex II to that regulation — Whether it is possible to transport such waste without the notification procedure or without the need to transport it separately
   Operative part of the judgment
   
               1.
            
            
               Heading GC 020 of the green list of wastes in Annex II to 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 Regulation (EC) No 2557/2001 of 28 December 2001, is to be interpreted as covering wire cable only if such wire comes from electronic equipment.
            
         
               2.
            
            
               Regulation No 259/93, as amended by Regulation No 2557/2001, is to be construed in such a way that the fact that composite waste is a combination of two materials both of which are mentioned in the green list of wastes in Annex II to that regulation does not have the effect of making the rules laid down by that regulation concerning the wastes mentioned on that list applicable to such composite waste.
            
         
      (1)  OJ C 243, 1.10.2005.