Commission Decision

of 20 November 2008

defining a format for the submission of the information by Member States in accordance with Article 7(4)(b)(iii) of the Regulation (EC) No 850/2004 of the European Parliament and of the Council

(notified under document number C(2008) 6917)

(Text with EEA relevance)

(2009/63/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC1, and in particular Article 7(4)(b)(iii), 7(6) and Article 17(2) thereof,

Whereas:

(1)

Experience with the application of the derogation laid down in Article 7(4)(b) is still lacking. The notifications will contribute to its review to be carried out before 31 December 2009 pursuant to Article 7(7) and to the report on the application of the Regulation pursuant to Article 12(6).

(2)

The authorised operations shall be individually notified to the other Member States and the Commission. The notification should be efficient and focussed on the genuinely necessary information in order to avoid unnecessary burdens for the Member States and the Commission.

(3)

The notification should be clear and should aim for avoiding ambiguous information. To this end the questions under points 1, 2 and 3 are worded in a manner that only allows answers in a standardised or commonly agreed format.

(4)

The questionnaire includes a reference to the authorisation number and place, which enables a retrieval of the complete authorisation of the derogation and the justification for it, if necessary.

(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 of 5 April 2006 on waste2,

HAS ADOPTED THIS DECISION: