21
Формування європейського права навколишнього середовища
dealing with the disposal of waste oils must be designed to protect the environ-
ment from the harmful effects caused by the discharge, deposit or treatment of
such products. It is also evident from the provisions of the Directive as a whole
that care has been taken to ensure that the principles of proportionality and non-
discrimination will be observed if certain restrictions should prove necessary. In
particular, Article 5 of the Directive permits the creation of a system of zoning ‘
where the aims defined in Articles 2, 3 and 4 cannot otherwise be achieved ‘ .
14 In the second place, as far as the free movement of goods is concerned, it sho-
uld be stressed that the Directive must be construed in the light of the seventh
recital in the preamble thereto, which states that the treatment of waste oils must
not create barriers to intra-Community trade. As the court has already ruled in
its judgment of 10 March 1983 (case 172/82, fabricants raffineurs d ‘ huile de
graissage V inter-huiles, (1983) ecr 555) dealing with the same zoning scheme,
an exclusive right of that kind does not automatically authorize the governments
of the Member States to establish barriers to experts. Indeed, such a partitioning
of the markets is not provided for in the Council Directive and would be contrary
to the objectives laid down therein.
15 It follows from the foregoing that the measures prescribed by the Directive do
not create barriers to intra-Community trade, and that in so far as such measures,
in particular the requirement that permits must be obtained in advance, have a
restrictive effect on the freedom of trade and of competition, they must nevert-
heless neither be discriminatory nor go beyond the inevitable restrictions which
are justified by the pursuit of the objective of environmental protection, which
is in the general interest. That being so, Articles 5 and 6 cannot be regarded as
incompatible with the fundamental principles of Community law mentioned
above.
Articles 13 and 14 of the Directive
16 The Articles in question provide for the possibility of undertakings being granted
indemnities for the services which they perform in collecting and/or disposing
of waste oils.
17 It is apparent from the request for a preliminary ruling that the question to be
answered is whether those indemnities are consistent with the requirements of
free competition, and in particular with Articles 92 to 94 of the Treaty, which
prohibit the granting of aid by Member States.
18 In that respect the Commission and the Council, in their observations, rightly
argue that the indemnities do not constitute aid within the meaning of Articles
92 et seq of the EEC Treaty, but rather consideration for the services performed
by the collection or disposal undertakings.
19 It is also important to note that according to the second paragraph of Article 13
of the Directive ‘ the amount of these indemnities must be such as not to cause
any significant distortion of competition or to give rise to artificial patterns of
trade in the products. ‘
20 Articles 13 and 14 of the Directive cannot therefore be considered to be contrary
to the principle of free competition.
21 In those circumstances, the reply to be given to the first part of the question is that
consideration of Articles 5, 6, 13 and 14 of Council Directive no 75/439/EEC of
16 June 1975 has disclosed no factor of such a kind as to affect their validity.