EN Official Journal of the European Union L 110/39

COMMISSION DECISION

of 29 April 2009

on the harmonisation, the regular transmission of the information and the questionnaire referred to in Articles 22(1)(a) and 18 of Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries

(notified under document number C(2009) 3011)

(2009/358/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)(a) and Article 18 thereof,

Whereas:

(1) The purpose of this decision is to establish minimum requirements for ensuring an harmonized, timely and appropriate gathering and if requested, transmission of the information referred to in Article 7(5), 11(3) and 12(6) of Directive 2006/21/EC, and to set the basis for the questionnaire referred to in Article 18(1) of the same Directive.

(2) The annual transmission of the information referred to in Article 7(5), 11(3) and 12(6) of Directive 2006/21/EC should cover the period between 1 May and 30 April of the following year.

(3) The report referred to in Article 18(1) of Directive 2006/21/EC should cover, for the first time, the period from 1 May 2008 to 30 April 2011 and should be transmitted to the Commission no later than 1 February 2012.

(4) In order to limit the administrative burden linked with the implementation of this decision, the list of information required should be limited to useful data with the view of improving Directive implementation. Similarly, the transmission of yearly information on events referred to in Article 11(3) and 12(6) of Directive 2006/21/EC should be limited to Member States in which such an event occurs during the considered period.

(5) The measures provided for in this Decision are in accordance with the opinion of the Committee, established in accordance with Article 23(2) of Directive 2006/21/EC,

HAS ADOPTED THIS DECISION:

Article 1

The information contained in the permits granted under Article 7 of Directive 2006/21/EC, to be made available to the Community statistical authorities where requested for statistical purposes, is detailed in Annex I.

Article 2

In case of one or more events referred to in Article 11(3) and 12(6) of Directive 2006/21/EC occur in a Member State, the concerned Member State shall transmit to the Commission for each event the information detailed in Annex II on a yearly basis. This information shall cover the period between 1 May and 30 April of the following year and shall be transmitted no later than 1 July of that year to the Commission.

Article 3

The questionnaire in Annex III shall be used by the Member States to report on Directive implementation referred to in Article 18(1) of Directive 2006/21/EC.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 29 April 2009. For the Commission Stavros DIMAS Member of the Commission

(1) OJ L 102, 11.4.2006, p. 15.

ANNEX I Information to be included in the list of permits issued under Directive 2006/21/EC 1. Name and address of the facility, the competent authority for issuing the permit and the competent authority for inspection. 2. Basic information on the permit issued including date of issuing, period of validity, category of waste facility according to Article 9 of the Directive, description of the operating phase of the installation (in operation, closure phase or after closure phase). 3. If appropriate, information on the type of waste and a brief description of the installations and of the monitoring and control procedures.

ANNEX II Information to be transmitted to the Commission on the events referred to in Articles 11(3) and 12(6) pursuant to 18(2) of Directive 2006/21/EC For each event the following list of information shall be gathered and transmitted: 1. Name and address of the facility, the competent authority for issuing the permit and the competent authority for inspection. 2. Information on the permit issued including date of issuing, period of validity, category of waste facility according to Article 9 of the Directive, type of waste and a brief description of the installations and of the monitoring and control procedures; description of the operating phase of the installation (in operation, closure phase or after closure phase). 3. Description of the event including: (a) Nature and description of the incident; description on how the event has been revealed; location and timing of the event; (b) Timing and description of the information transmitted by the operator to the competent authorities and of the information given to the public and if relevant, to the other potentially concerned Member States in case of potential transboundary impact; (c) Assessment of the possible environmental and public health impacts, and of possible consequences on the stability of the waste facility; (d) Analysis of the possible causes of the event. 4. Description of the corrective measures taken to remediate to the event and notably: (a) If applicable, description of how the emergency plan has been implemented; (b) Type of instructions given by the competent authorities; (c) Other measures to be specified. 5. Description of the measures taken to prevent another incident of the same nature and notably: (a) New conditions included in the permit; (b) Adaptation of the monitoring and control systems; (c) Improvement of the transmission of information; (d) Other measures to be specified. 6. Additional information potentially useful for other Member States and for the Commission with the view to improve the implementation of the Directive.