Request for a preliminary ruling from the Verwaltungsgericht Köln (Germany) lodged on 6 May 2019 — Interseroh Dienstleistungs GmbH v Land Nordrhein-Westfalen

(Case C-353/19)

Language of the case: German

Referring court

Verwaltungsgericht Köln

Parties to the main proceedings

Applicant: Interseroh Dienstleistungs GmbH

Defendant: Land Nordrhein-Westfalen

Questions referred

1.

(a)

Is Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste, 1 in particular Annex III in conjunction with entry B 3020 of Annex IX to the Basel Convention, 2 to be interpreted as meaning that the indents contained in that entry are various single entries for the purposes of Regulation No 1013/2006?

(b)

If Question 1(a) is answered in the negative:

Does entry B 3020 cover mixed paper and paperboard waste, which — like the waste at issue in the main proceedings — in addition to lightweight paper, paperboard and cardboard packaging, also contains liquid packaging board made of laminated paperboard?

2.

If Question 1(b) is answered in the affirmative:

(a)

Is entry B 3020 or the fourth indent thereof to be interpreted as meaning that it requires absolute freedom from foreign material, in the sense that the classification of waste under that entry is precluded if the waste — regardless of its volume and potential danger — contains materials other than waste and scrap of paper or paperboard (foreign materials)?

(b)

If Question 2(a) is answered in the negative:

Can a proportion of foreign material in waste, in particular on account of its volume, also preclude classification under entry B 3020 or the fourth indent thereof, if the conditions of the so-called chapeau of Annex III to Regulation 1013/2006 have not been met, that is to say, the waste is contaminated by other materials to an extent which does not increase the risks associated with the waste sufficiently to render it appropriate for submission to the procedure of prior written notification and consent, when taking into account the hazardous characteristics listed in Annex III to Directive 2008/98/EC, 3 and does not prevent the recovery of the waste in an environmentally sound manner?

3.

If Question 1(b) is answered in the negative:

(a)

Is point 3(g) of Annex IIIA to Regulation No 1013/2006 to be interpreted as meaning that it requires absolute freedom from foreign material, in the sense that the classification of a mixture of waste under that entry is precluded if the mixture — regardless of its volume and potential danger — contains waste other than the waste referred to in the first three indents of entry B 3020 (foreign materials)?

(b)

If Question 3(a) is answered in the negative:

Can foreign materials which, in any event, do not preclude classification under point 3(g) of Annex IIIA to Regulation No 1013/2006, also be waste which, viewed in isolation, would be classified under the fourth indent of entry B 3020?

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1 OJ 2006 L 190, p. 1.

2     Basel Convention on the control of transboundary movements of hazardous wastes and their disposal of 22 March 1989

3     Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives; OJ 2008 L 312, p. 3.