||All England Reporter
|| All ER (D) 245 (Oct)
||Court of Justice of the European Communities (Fifth Chamber)
Silva de Lapuerta (President of the Chamber), Gulmann (Rapporteur) and von Bahr
||19 October 2004
European Communities - Environment - Waste - Shipment and disposal of waste - Classification of shipment - Reference for a preliminary ruling - Council Regulation (EEC) 259/03.
Council Regulation (EEC) 259-93 (on the supervision and control of shipments of waste within, into and out of the European Community) had to be interpreted as meaning that, where a member state had recourse, under art6(8) of that regulation, to the specific procedure whereby the competent authority of dispatch transmitted the consignment note for a shipment of waste for recovery, that authority, if it considered it necessary to object to the shipment on the ground that it had been incorrectly classified by the notifier, could not reclassify the shipment on its own initiative and was required to transmit that document to the other competent authorities and the consignee. It was 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 art7(2) of the regulation at the latest.
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