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)

Article 1 U.K.

1. A waste facility shall be classified under Category A in accordance with the first [F1 part of the categorisation legislation] 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.

[F2 3. In paragraph 1, “first part of the categorisation legislation”—

(a) as it extends to England and Wales, means the first indent of Annex 3 to Directive 2006/21/EC;

(b) as it extends to Scotland, means paragraph (a) of the definition of “Category A waste facility” in regulation 2(1) of the 2010 Scotland Regulations;

(c) as it extends to Northern Ireland, means paragraph 1 of Schedule 3 to the 2015 NI Regulations.]

Textual Amendments

F1 Words in Art. 1(1) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 18(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Art. 1(3) inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 18(3)(b); 2020 c. 1, Sch. 5 para. 1(1)