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Главная->Право->Содержание->Interpretation of the Directive

Європейське право навколишнього середовища

Interpretation of the Directive

22 It is apparent from the request for a preliminary ruling and from the documents before the court that the french legislation permits the burning of waste oils only in industrial installations, thereby prohibiting any other form of burning.

23 In the second part of the question the national court enquires whether Directive no 75/439, in implementation of which the french legislation was adopted, justifies the prohibition of the burning of waste oils.

24  The german, french and italian governments and the Commission advocate an affirmative reply. They argue that the uncontrolled burning of waste oils contributes significantly to air pollution and, consequently, that a prohibition of oil-burning in any plant which does not incorporate adequate safeguards is in conformity with the objectives of the Directive. The italian government adds that the disposal of waste oil by burning carried out by persons authorized for that purpose must be the subject of rules and inspections.

25 As has already been emphasized, the main aim of the Directive is the disposal of waste oil in a manner which is safe for the environment, and Article 2 makes it incumbent upon the Member States to pursue that aim.

26 Article 3 of the Directive provides that ‘ Member States shall take the necessary measures to ensure that, as far as possible, the disposal of waste oils is carried out by recycling (regeneration and/or combustion other than for destruction) ‘ and Article 4 provides that Member States must prohibit any deposit, discharge or processing of waste oils in such a way as to cause harmful effects on water, soil or air.

27 In order to ensure compliance with those measures, Article 6 provides that any undertaking which disposes of waste oils must obtain a permit granted by the competent national authority, if necessary after an inspection of the installations, with a view to imposing the conditions required by the state of technical development.

28 In addition to that prior inspection, subsequent checks are provided for by Articles 11 and 12, by virtue of which undertakings are required on the one hand to provide information concerning the disposal or deposit of waste oils or residues thereof, and, on the other, to be inspected periodically, particularly as regards their compliance with the conditions of their permits.

29 It follows from those provisions that the Directive requires Member States to prohibit any form of waste-oil disposal which has harmful effects on the enviro­nment. It is to that end that the Directive compels Member States to set up an effective system of prior approval and subsequent inspections.

30 The reply to be given to the second question must therefore be that the prohibition of the burning of waste oils in conditions other than those permitted under legislation such as the french legislation is not inconsistent with Directive no 75/439/EEC.

COSTS

31 The costs incurred by the german, french and italian governments, and by the Commission and the Council of the European Communities, which have submitted observations to the court, are not recoverable. As these proceedings are,

   

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Формування європейського права навколишнього середовища23

in so far as the parties to the main proceedings are concerned, in the nature of a step in the action pending before the national court, the Decision on costs is a matter for that court.

RULING

On those grounds,

The court

In answer to the questions referred to it by the tribunal de grande instance, creteil, by a judgment of 23 March 1983, hereby rules as follows:

(1) consideration of Articles 5, 6, 13 and 14 of Council Directive no 75/439/EEC of 16 June 1975 has disclosed no factor of such a kind as to affect their validity.

(2) the prohibition of the burning of waste oils in conditions other than those permitted under legislation such as the french legislation is not inconsistent with Directive no 75/439/EEC.

 

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