Judgment_paragraph 3.2. · Commission of the European Communities v French Republic (173/83)

3.2.The French Government disputes the Commission's argument; in its view, it is refuted both by the facts and by the legislation in question viewed as a whole.The French Government first observes that, whilst it is true that the legislation at issue contains no exemption for the delivery or resale of waste oils to undertakings in other Member States, it is no less true that such an exemption was unnecessary because it is a general principle of French law that anything which is not prohibited is permitted. In this particular case, no provision of the legislation at issue prohibits the export of waste oils.It is, however, true that the control system introduced by the French authorities has the effect of preventing waste oils from being exported to nonmember countries, but it has to be appreciated that in such a case exportation is prohibited not as a commercial operation but as a means of escaping the constraints which the aims of Directive No 75/439 necessarily entail.On the other hand, that justification cannot apply to exports to other Member States, since by virtue of Directive No 75/439 itself, to which the disputed decree expressly refers in its preamble, the business of disposing of or regenerating waste oils may not be carried on in any part of the Community except on conditions which ensure that the aims of the directive are observed.Turning to the facts, the French Government then points out that the statistics on the volume of intra-Community trade in waste oils supplied by the Commission at the Court's request in Case 172/82 establish that large quantities of waste oils are exported from France to other Member States. Indeed, France is the Community's leading exporter of waste oils to other Member States.As regards the circular of 26 October 1982 to which the Commission refers, the French Government maintains that its purpose is to define the conditions on which waste oils may be exported. In particular it is designed to ensure that the French provisions governing the recovery of waste oils are observed and that exports are limited to disposal undertakings which have been approved as provided for in Article 6 of Directive No 75/439. The arrangements laid down in the circular of 26 October 1982 are therefore in accordance with the judgment of 10 March 1983 in Case 172/82.As regards the points of Decree No 79/981 to which the Commission objects in its application, the French Government states that in order to remove any uncertainty for good it is prepared to amend the contested decree in order to make it clear that the holders and authorized collectors of waste oils may hand them over to any disposal undertaking which has obtained the permit provided for in Article 6 of Directive No 75/439.The French Government again emphasizes that such a textual amendment will not alter current practice under which the export of waste oils to other Member States is already permitted provided that the conditions laid down in the Decree of 21 November 1979 or Directive No 75/439 are observed. It would merely elevate to the rank of a decree provisions which are at present contained in a circular.At present any holder of waste oils, as defined in the third paragraph of Article 1 of the Decree of 21 November 1979, or any authorized collector as referred to in the fourth paragraph of Article 1 and in Articles 4 and 6 may, if he so wishes, export used oils to another Member State; the only requirement in accordance with Article 6 of Directive No 75/439 is that the ultimate recipient of the goods must be a disposal or regenerating undertaking authorized by the competent authorities of a Member State.