Decision 2009/337 - 2009/337/EC: Commission Decision of 20 April 2009 on the definition of the criteria for the classification of waste facilities in accordance with Annex III of Directive 2006/21/EC concerning the management of waste from extractive industries (notified under document number C(2009) 2856) - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
Contents
official title
2009/337/EC: Commission Decision of 20 April 2009 on the definition of the criteria for the classification of waste facilities in accordance with Annex III of Directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries (notified under document number C(2009) 2856)| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2009/337 |
| CELEX number i | 32009D0337 |
| Document | 20-04-2009 |
|---|---|
| Publication in Official Journal | 22-04-2009; Special edition in Croatian: Chapter 15 Volume 034,OJ L 102, 22.4.2009 |
| Effect | 21-04-2009; Takes effect Date notif. |
| End of validity | 31-12-9999 |
| Notification | 21-04-2009 |
22.4.2009 |
EN |
Official Journal of the European Union |
L 102/7 |
COMMISSION DECISION
of 20 April 2009
on the definition of the criteria for the classification of waste facilities in accordance with Annex III of Directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries
(notified under document number C(2009) 2856)
(2009/337/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC (1), and in particular Article 22(1)(g) thereof,
Whereas:
(1) |
In order to ensure a common assessment of the criteria set out in Annex III to Directive 2006/21/EC, it is necessary to define a methodology and, where possible, to fix limit values, taking into account the different types of waste facilities, their behaviour in the short and long term as well as throughout their operating phase. |
(2) |
It is appropriate from a technical point of view to exempt waste facilities containing only inert waste or unpolluted soil from the assessment of the criteria concerning the presence of dangerous substances or hazardous waste. |
(3) |
The potential hazard posed by a waste facility may change significantly during the operational and closure phases of the facility. Therefore, it is appropriate to review the classification of the facility as necessary and at least at the end of the operational phase. |
(4) |
In order to assess the potential for loss of life and danger for human health in cases of loss of structural integrity, or incorrect operation, of a facility, the actual permanent presence of people in the potentially affected areas should be taken into account when assessing the significance of that potential loss of life or danger for human health. |
(5) |
The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Directive 2006/12/EC of the European Parliament and of the Council (2), |
HAS ADOPTED THIS DECISION:
Article 1
-
1.A waste facility shall be classified under Category A in accordance with the first indent of Annex III of Directive 2006/21/EC if the predicted consequences in the short or the long term of a failure due to loss of structural integrity, or due to incorrect operation of a waste facility could lead to:
(a) |
non-negligible potential for loss of life; |
(b) |
serious danger to human health; |
(c) |
serious danger to the environment. |
-
2.For the purpose of the classification referred to in paragraph 1, the entire life-cycle of the facility, including the after-closure phase, shall be considered in the evaluation of the hazard potential of the facility.
Article 2
-
1.For the purpose of this Decision, structural integrity of a waste facility shall mean its ability to contain the waste within the boundaries of the facility in the manner for which it was designed.
-
2.The loss of structural integrity shall cover all possible failure mechanisms relevant to the structures of the waste facility concerned.
-
3.An evaluation of the consequences of the loss of structural integrity shall comprise the immediate impact of any material transported from the facility as a consequence of the failure and the resulting short and long term effects.
Article 3
-
1.For the purpose of this Decision, incorrect operation of the waste facility shall mean any operation which may give rise to a major accident, including the malfunction of environmental protection measures and faulty or...
More
This text has been adopted from EUR-Lex.
This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.
This page is also available in a full version containing the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and the related cases of the European Court of Justice.
The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.
The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.