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C 278/4 EN Official Journal of the European Communities 5.9.

98

JUDGMENT OF THE COURT JUDGMENT OF THE COURT
(Sixth Chamber) (Sixth Chamber)
of 18 June 1998 of 25 June 1998
in Case C-208/97: Commission of the European in Case C-192/96 (reference for a preliminary ruling from
Communities v. Portuguese Republic (1) the Netherlands Raad van State): Beside BV and I. M.
(Failure to fulfil obligations Ð Directive 84/156/EEC Ð Besselsen v. Minister van Volkshuisvesting, Ruimtelijke
Failure to transpose within the prescribed period) Ordening en Milieubeheer (1)

(98/C 278/06) (Management, transport and storage of municipal/
household waste Ð Illegal traffic)

(98/C 278/07)
(Language of the case: Portuguese)

(Language of the case: Dutch)
(Provisional translation; the definitive translation will be
published in the European Court Reports)

In Case C-208/97: Commission of the European (Provisional translation; the definitive translation will be
Communities (Agent: Francisco de Sousa Fialho) v. published in the European Court Reports)
Portuguese Republic (Agents: Luís Fernandes and JoaÄo
Lopes Fernandes) Ð application for a declaration that, by
failing to adopt within the period prescribed the laws,
regulations and administrative provisions necessary to In Case C-192/96: reference to the Court under Article 177
comply with Council Directive 84/156/EEC of 8 March of the EC Treaty from the Netherlands Raad van State
1984 om limit values and quality objectives for mercury (Council of State), for a preliminary ruling in the
discharges by sectors other than the chlor-alkali proceedings pending before that court between Beside BV
electrolysis industry (OJ L 74, 17.3.1984, p. 49), and, in and I. M. Besselsen and Minister van Volkshuisvesting,
particular, by failing to draw up the specific programmes Ruimtelijke Ordening en Milieubeheer Ð on the
required by that Directive, and in the alternative, by interpretation of Council Regulation (EEC) No 259/93 of
failing forthwith to inform the Commission of such 1 February 1993 on the supervision and control of
measures, the Portuguese Republic has failed to fulfil its shipments of waste within, into and out of the European
obligations under the third paragraph of Article 189 of the Community (OJ L 30, 6.2.1993, p. 1) and of Council
EC Treaty and under that Directive Ð the Court (Sixth Directive 75/442/EEC of 15 July 1975 on waste (OJ L 194,
Chamber), composed of: H. Ragnemalm, President of the 25.7.1975, p. 39), as amended by Council Directive 91/
Chamber, G. F. Mancini, J. L. Murray, G. Hirsch and 156/EEC of 18 March 1991 amending Directive 75/442/
K. M. Ioannou (Rapporteur), Judges; P. LeÂger, Advocate- EEC on waste (OJ L 78, 26.3.1991, p. 32) Ð the Court
General; R. Grass, Registrar, has given a judgment on (Sixth Chamber), composed of: H. Ragnemalm
18 June 1998, in which it: (Rapporteur), President of the Chamber, G. F. Mancini,
P. J. G. Kapteyn, J. L. Murray and G. Hirsch, Judges: F. G.
Jacobs, Advocate-General; H. A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on
1. declares that, by failing to adopt within the period 25 June 1998, in which it has ruled:
prescribed the laws, regulations and administrative
provisions necessary to comply with Council Directive
84/156/EEC of 8 March 1984 on limit values and
quality objectives for mercury discharges by sectors
1. The expression municipal/household waste' referred
other than the chlor-alkali electrolysis industry and, in
to under AD 160 in the amber list in Annex III to
particular, by failing to draw up the specific
Council Regulation (EEC) No 259/93 of 1 February
programmes required by that directive, the Portuguese
1993 on the supervision and control of shipments of
Republic has failed to fulfil its obligations under
waste within, into and out of the European
Article 4(1) of the said Directive;
Community, as amended by Commission Decision
94/721/EC of 21 October 1994 adapting, pursuant to
Article 42(3), Annexes II, III and IV to Council
2. orders the Portuguese Republic to pay the costs. Regulation (EEC) No 259/93, includes both waste
which for the most part consists of waste mentioned
on the green list in Annex II to the Regulation,
(1) OJ C 228, 26.7.1997. mixed with other categories of waste appearing on
that list, and waste mentioned on the green list mixed
with a small quantity of materials not referred to on
that list.