Combatting waste crime

In C-624/17 (Tronex), a wholesaler of residual consignments of electronic goods was ordered to pay a conditional fine for the alleged shipment of waste in breach of the WSR. The consignment of electrical or electronic appliances, electric kettles, steam irons, fans and shavers, was supposed to be shipped to a third party, established in Tanzania. The devices were mainly packed in their original boxes, but some were unpacked. Some appliances were returned by consumers under the relevant product guarantee and some had left the product range following a change in that range. Some devices were defective. The shipment took place without the notification or consent referred to in the WSR. According to the CJEU, such shipment is to be regarded as a ‘shipment of waste’ where that consignment contains appliances in the proper working condition of which has not been previously ascertained or which are not adequately protected from transport damage. Such goods which have become redundant in the seller’s product range and which are in their unopened original packaging, on the other hand, must not, without indications to the contrary, be regarded as waste.

As regards principles of criminal law, the Advocate General in his opinion to the Tronex case questions,

In C-689/17 (Conti 11. Container Schiffahrt), the CJEU once again had to deal with the definition of waste, this time in relation to a container ship which was transporting containers including some ‘hazardous substance’ from the United States to Belgium. After a fire broke out and explosions occurred on board that ship, the Conti company obtained authorisation to tow the vessel into German waters. According to the German authorities, however, the ship itself ‘and the water on board used to extinguish the fire as well as the sludge and scrap metal [were] to be classified as waste’. The CJEU confirmed that residues such as those at issue, attributable to damage occurring onboard a ship at sea, must be regarded as waste generated on board ships, which is excluded from the WSR’s scope until it is offloaded in order to be recovered or disposed of.