Judgment_paragraph 16 · Marius Pedersen A/S v Miljøstyrelsen (C-215/04)

16Although the obligation to notify the transport of waste falls firstly on the original producer, the phrase ‘where this is not possible’ means that, where the original producer cannot give the notification, the licensed collector may do so. In the light of one of the objectives of Regulation No 259/93, as set out in the ninth recital in the preamble thereto, namely the prior notification to the competent authorities of shipments of waste enabling them to be duly informed, so that they may take all necessary measures for the protection of human health and the environment, it is necessary to give a wide interpretation of the phrase ‘where this is not possible’ in order to ensure that, where it is impossible for the notification of the transport to the competent authorities to be given by the original producer, it may be given by the licensed collector.

Marius Pedersen A/S v Miljøstyrelsen (C-215/04)

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