Judgment_paragraph 6 · Criminal proceedings against Antonio Niselli (C-457/02)

6The second subparagraph of Article 1(a) of Directive 75/442 entrusted the Commission of the European Communities with the task of drawing up ‘a list of wastes belonging to the categories listed in Annex I’ (hereinafter ‘the list of wastes’). That is the object of Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (OJ 2000 L 226, p. 3). That list has been amended several times and particularly, most recently, by Council Decision 2001/573/EC of 23 July 2001 (OJ 2001 L 203, p. 18). The list of wastes entered into force on 1 January 2002. Chapter 17 of that list includes ‘construction and demolition wastes (including excavated material from contaminated sites)’. Different types of metallic waste are listed under No 1704 of that chapter. The introduction to the list of wastes states that it is a harmonised list of wastes which will be periodically reviewed, but that, however, ‘the inclusion of a material in the list does not mean that the material is a waste in all circumstances. Materials are considered to be waste only where the definition of waste in Article 1(a) of Directive 75/442/EEC is met’.