2009/63/EC: 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)
Date: 2008-11-20
Institutions: Council of the European Union, European Parliament
Subjects: access to information, disclosure of information, information processing, organic pollution, pollutant

L 23/30

EN

Official Journal of the European Union

27.1.2009

COMMISSION

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
Community,

establishing the European

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/EEC (1), and
in particular Article 7(4)(b)(iii), 7(6) and Article 17(2) thereof,

Whereas:

(1)

(2)

(3)

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).

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

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

information. To this

(4)

(5)

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

The measures provided for
in this Decision are in
accordance with the opinion of the Committee estab­
lished by Article 18 of Directive 2006/12/EC of
the
the Council of 5 April
European Parliament and of
2006 on waste (2),

HAS ADOPTED THIS DECISION:

Article 1

The questionnaire set out in the Annex to this Decision is
hereby adopted.

Article 2

The Member States shall use the questionnaire as a basis for
their notification pursuant to Article 7(4)(b)(iii) of Regulation
(EC) No 850/2004.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 20 November 2008.

For the Commission

Stavros DIMAS
Member of the Commission

(1) OJ L 158, 30.4.2004, p. 7; corrected version in OJ L 229,

29.6.2004, p. 5.

(2) OJ L 114, 27.4.2006, p. 9.

27.1.2009

EN

Official Journal of the European Union

L 23/31

ANNEX

Items to be notified pursuant to Article 7(4)(b)(iii) of Regulation (EC) No 850/2004

1. Authorisation of the exemption:

1.1. Name of the competent authority:

1.2. Address of the competent authority:

1.3. Authorisation identification number:

1.4. Date of the permission:

1.5. Authorisation holder (company name):

1.6. Authorisation holder address:

2. General description of waste:

2.1. Six digit code as laid down in Commission Decision 2000/532/EC (1) as amended:

2.2. Waste name as laid down in Decision 2000/532/EC as amended:

2.3. Approved amount in tonnes:

2.4. POP(s) substance (2) and concentration exceeding the limit laid down in Annex IV:

3. Description of treatment technology:

3.1. Pre-treatment required: yes/no (3)

namely: solidification (3)/stabilisation (3)/

other pre-treatment methods (3):

3.2. Final storage:

Salt mine (3)/safe, deep, underground, hard rock formations (3)/hazardous waste landfill (3)

3.3. Name of final storage site:

3.4. Address of final storage site:

4.

Summary of justification of environmental preferability of the management compared with the destruction or
in the waste (e.g. addressing the emissions of POPs, other
irreversible transformation of
emissions and risks or uncertainties of the operation):

the POPs content

5. Website address or other reference where to find more information on the authorisation and the justification of the

exemption, if available:

(1) OJ L 226, 6.9.2000, p. 3.
(2) Name in accordance with the substance name laid down in Annex IV.
(3) Cross out the wrong answer(s).