THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste(1), and in particular Article 16 thereof and Annex II thereto,
Whereas:
(1) Pursuant to Article 16 of Directive 1999/31/EC, the Commission is to adopt specific criteria and/or test methods and associated limit values for each class of landfill.
(2) A procedure should be laid down to determine the acceptability of waste at landfills.
(3) Limit values and other criteria should be set for waste acceptable at the different classes of landfills.
(4) The test methods to be used for determining the acceptability of waste at landfills should be determined.
(5) It is appropriate from a technical point of view to exempt from the criteria and procedures set out in the Annex to this Decision those wastes generated by the extractive industry that are deposited on-site.
(6) A suitably short transition period should be granted to Member States to develop the necessary system to apply this Decision and a further brief transition period may be necessary for Member States to ensure the application of the limit values.
(7) The measures provided for in this Decision are not in accordance with the opinion of the Committee established by Article 18 of Council Directive 75/442/EEC of 15 July 1975 on waste(2). They therefore have to be adopted by the Council in accordance with Article 18(4) of that Directive,
HAS ADOPTED THIS DECISION: