Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (Text with EEA relevance)
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1.Member States shall take the necessary measures to ensure that hazardous waste is not mixed, either with other categories of hazardous waste or with other waste, substances or materials. Mixing shall include the dilution of hazardous substances.
2.By way of derogation from paragraph 1, Member States may allow mixing provided that:
(a)the mixing operation is carried out by an establishment or undertaking which has obtained a permit in accordance with Article 23;
(b)the provisions of Article 13 are complied with and the adverse impact of the waste management on human health and the environment is not increased; and
(c)the mixing operation conforms to best available techniques.
[F13. Where hazardous waste has been unlawfully mixed in breach of this Article, Member States shall ensure, without prejudice to Article 36, that separation is carried out where technically feasible and necessary to comply with Article 13.
Where separation is not required pursuant to the first subparagraph of this paragraph, Member States shall ensure that the mixed waste is treated in a facility that has obtained a permit in accordance with Article 23 to treat such a mixture.]
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