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16.—(1) Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste is amended as follows.
(2) Omit Articles 4, 5 and 6.
(3) In the Annex, in the “Definitions” section, before point 1 insert—
“A1. ‘the Waste Framework Directive’ means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851, and read as if, in Annex 3, in entry HP 9, in the second sentence, “in the Member States” were omitted;
A2. ‘waste’, ‘hazardous waste’ and ‘non-hazardous waste’ have the meanings given in the Waste Framework Directive;”.
(4) In the Annex, in the “Assessment and Classification” section—
(a)for “Directive 2008/98/EC”, in each place that it occurs, substitute “the Waste Framework Directive”;
(b)in paragraph 2 (classification of waste as hazardous)—
(i)in the first subparagraph, for the words from “pursuant” to the end, substitute “for the purposes of any legislation relating to hazardous waste”;
(ii)after that subparagraph, insert—
“This is subject to any legislation which provides, or gives a person power to determine, that—
(a)waste of a kind which is listed as hazardous waste in the list of wastes is to be treated as non-hazardous waste in particular cases or circumstances (including in the case of a particular batch or consignment of waste); or
(b)waste of a kind which is listed as non-hazardous waste in the list of wastes is to be treated as hazardous waste in particular cases or circumstances (including in the case of a particular batch or consignment of waste).”;
(iii)in the second subparagraph (commencing “For those wastes”), in the first indent, in the second sentence, omit “in the Member States”.
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