Agrégateur de flux

[2019] EWCA Crim 20 Regina v BIFFA Waste Services is a rare example of interlocutory appeal concerning jury instruction and summing up. It involves Regulation 1013/2006, the Waste shipments Regulation, particularly the EU’s enforcement of the ‘Basel Ban‘: the ban on exports of hazardous wastes destined for disposal in non-OECD countries.

The only real point arising on appeal is whether (contrary to the judge’s approach at Crown Court) the prosecution was to be required to show not just that a shipment of wastes was not ‘Green List’ wastes but rather household (domestic) wastes, but in addition, to prove that the waste was contaminated by other materials to an extent which prevented the recovery of waste in an ‘environmentally sound manner’ (the general Basel condition for exports); and whether the jury was to be instructed in the summing-up accordingly.

The containers in question were to form part of a larger consignment of containers (448 in total) destined for China. In May and early June 2015 they were the subject of interception and examination at the port of Felixstowe by officials of the Environment Agency. It is asserted that such examination revealed that these particular containers, or some of them, included significant contamination by items which were not mixed paper items at all; for example, soiled nappies and sanitary wear, sealed bags of excrement, clothing, food packaging, plastic bottles and so on. It is asserted that this was indicative of the consignments being mixed household waste rather than mixed paper waste: it being common ground that household waste, as such, could not be lawfully exported in this way to China.

Of particular specific relevance for the appeal is Recital (28)  of the Waste Shipments Regulation which provides “It is also necessary, in order to protect the environment of the countries concerned, to clarify the scope of the prohibition of exports of hazardous waste destined for recovery in a country to which the OECD Decision does not apply, also laid down in accordance with the Basel Convention. In particular, it is necessary to clarify the list of waste to which that prohibition applies and to ensure that it also includes waste listed in Annex II to the Basel Convention, namely waste collected from households and residues from the incineration of household waste.”

Davis LJ at 33 deals swiftly with the issue. Appreciating that plenty could be said about the precise application of the Regulation, he nevertheless simply points to the prosecution’s intention. They have never sought to say that these were consignments which were indeed essentially Heading B3020 waste paper but nevertheless contaminated by other materials not collected from households (for example, corrosive fluids or dangerous metals etc). so as to prevent recovery of the waste in an environmentally safe manner. They had relied solely on showing the jury that the shipment was not paper waste. If it was, then the waste in question could not be B3020 waste paper (which is within the “green” list of waste which may legitimately be exported). If it was proved that the relevant consignments were indeed heading Y46 waste (household waste) instead, then that was within Article 36(1)(b) of the Regulation and that was the end of the matter. If, on the other hand, the prosecution failed to prove that the relevant consignments were indeed Y46, then that too was the end of the matter and the defendant was entitled to be acquitted.

At 36 he ends with congratulatory remarks to judge Auerbach at Crown Court:

In a matter which is by no means the common currency of Crown Courts, he speedily produced a comprehensive reserved written ruling which set out in full detail the legislative background and authorities; fully analysed and discussed the competing arguments; and explained the reasons for his conclusion with crystal clarity. It is just because of the care and detail underpinning his ruling that this court has been able to approach matters rather more succinctly than otherwise might have been the case.’

Geert.

(Handbook of) EU Waste Law, 2nd ed 2015, Chapter 4.

Sony et Sony Electronics / Commission
Concurrence
Le Tribunal confirme la décision de la Commission constatant une entente sur le marché des lecteurs de disques optiques

Le procès s’est achevé jeudi 11 juillet après plus de quarante jours d’audience. Les plaidoiries en faveur des trois dirigeants de la société ont demandé la relaxe. Leurs clients ne doivnt pas être des « boucs émissaires ». 

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Yanukovych / Conseil
Relations extérieures
Le Tribunal annule le gel des fonds de sept personnalités de l’ancienne classe dirigeante ukrainienne, dont M. Viktor Yanukovych, ancien président de l’Ukraine

Professor Matthias Lehmann, Director of the Institute for Private International and Comparative Law, University of Bonn, University of Bonn, Germany, is looking for one highly skilled and motivated PhD candidate and fellow (Wissenschaftliche/r Mitarbeiter/in) on a part-time basis (50%). The earliest starting date is 1 October 2019.

The successful candidate holds a first law degree, preferably from a jurisdiction outside of Germany. She or he is acquainted in the comparative and international dimensions of private law, and ideally also interested in questions of financial law, in particular the new problems raised by cryptocurrencies. An excellent command of English and a basic knowledge of German are required. Knowledge of another language as well as good IT skills are additional factors that may be taken into consideration.

The fellow will be given the opportunity to conduct his/her PhD project or post-doc project according to the Faculty’s regulations. The position is paid according to the German public salary scale E-13 TV-L, 50% (about 1300 Euro net per month). There will be an opportunity to increase the position and salary to 75% as of April 1, 2020 should the candidate wish to do so. The initial contract period is up to three years, with the option to have a shorter period or to renew it, according to the wishes of the candidate. Responsibilities include independent teaching obligations (2 hours per week during the semester in a subject of choice of the candidate) as supporting Professor Lehmann in his research and teaching.

If you are interested in this position, please send your application (cover letter in English; CV; and relevant documents and certificates, notably university transcripts and a copy of law degree) to lehrstuhl.lehmann@jura.uni-bonn.de by July 22, 2019. The University of Bonn is an equal opportunity employer.