P.F. Kamstra Recycling and Others (Waste - Shipments subject to approval requirements - Judgment) [2020] EUECJ C-21/19 (03 September 2020)

P.F. Kamstra Recycling and Others (Waste - Shipments subject to approval requirements - Judgment) [2020] EUECJ C-21/19 (03 September 2020)

A material not classified as a 'by-product' under Directive 2008/98/EC may still be an 'animal by-product' under Regulation No 1069/2009; all shipments of animal by-products under Regulation No 1069/2009 are excluded from Regulation No 1013/2006 except where expressly provided; Article 1(3)(d) of Regulation No 1013/2006 applies to mixtures of Category 3 animal by-products and non-hazardous waste, regardless of proportion.

Citation
[2020] EUECJ C-21/19
Parties
Accused: XN; Accused: YO; Accused: P. F. Kamstra Recycling BV; Prosecutor: Openbaar Ministerie (Public Prosecution Service, Netherlands)
Jurisdiction
European Union
Judgment Date
03 September 2020
Procedural Posture
Preliminary Ruling (criminal Proceedings) / Reference for Preliminary Ruling From Gerechtshof Arnhem Leeuwarden (regional Court of Appeal, Netherlands)
Outcome
Preliminary ruling issued; interpretation of EU law provided to national court.
Legal Topics
Waste Shipments, Animal by Products, Interpretation of EU Regulations, Scope of Waste Regulation, Relationship Between Waste and Animal by Products Legislation
EU Law Environmental Law Criminal Law Waste Shipments Animal by Products Interpretation of EU Regulations Scope of Waste Regulation Relationship Between Waste and Animal by Products Legislation

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Parties

XN

Accused

YO

Accused

P. F. Kamstra Recycling BV

Accused

Openbaar Ministerie (Public Prosecution Service, Netherlands)

Prosecutor

Procedural Posture

Preliminary Ruling (criminal Proceedings) / Reference for Preliminary Ruling From Gerechtshof Arnhem Leeuwarden (regional Court of Appeal, Netherlands)

Legal Issues

  1. 1 Whether a material not classified as a 'by-product' under Directive 2008/98/EC can be an 'animal by-product' under Regulation No 1069/2009
  2. 2 Whether all shipments of animal by-products under Regulation No 1069/2009 are excluded from Regulation No 1013/2006 or only certain shipments
  3. 3 Whether Article 1(3)(d) of Regulation No 1013/2006 applies to mixtures of animal by-products and non-hazardous waste, and if the proportion is relevant

Ratio Decidendi

A material not classified as a 'by-product' under Directive 2008/98/EC may still be an 'animal by-product' under Regulation No 1069/2009; all shipments of animal by-products under Regulation No 1069/2009 are excluded from Regulation No 1013/2006 except where expressly provided; Article 1(3)(d) of Regulation No 1013/2006 applies to mixtures of Category 3 animal by-products and non-hazardous waste, regardless of proportion.

Court Disposition

Preliminary ruling issued; interpretation of EU law provided to national court.

Orders

  • Article 5(1) of Directive 2008/98/EC and Article 3(1) of Regulation No 1069/2009 interpreted to allow a material not classified as a 'by-product' to be an 'animal by-product'.
  • Article 1(3)(d) of Regulation No 1013/2006 interpreted to exclude shipments of animal by-products under Regulation No 1069/2009 except where expressly provided.