Regulation (EC) No 596/2009 of the European Parliament and of the CouncilShow full title

2.6. Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries (1)

As regards Directive 2006/21/EC, the Commission should be empowered in particular to adopt provisions necessary for the implementation of Article 13(6); to complete the technical requirements for waste characterisation contained in Annex II; to interpret the definition in point 3 of Article 3; to define the criteria for the classification of waste facilities in accordance with Annex III; to determine harmonised standards for sampling and analysis methods; and to adapt the Annexes to scientific and technical progress. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2006/21/EC, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Directive 2006/21/EC is hereby amended as follows:

1.

Article 22 shall be replaced by the following:

‘Article 22

1. The Commission shall, in accordance with the regulatory procedure referred to in Article 23(2), adopt the following:

(a) provisions necessary for the harmonisation and regular transmission of the information referred to in Article 7(5) and Article 12(6);

(b) technical guidelines for the establishment of the financial guarantee in accordance with the requirements of Article 14(2);

(c) technical guidelines for inspections in accordance with Article 17.

2. The Commission shall lay down provisions necessary for the following, prioritising points (b), (c) and (d):

(a) the implementation of Article 13(6), including technical requirements relating to the definition of weak acid dissociable cyanide and its measurement method;

(b) the completion of the technical requirements for waste characterisation contained in Annex II;

(c) the interpretation of the definition contained in point 3 of Article 3;

(d) the definition of the criteria for the classification of waste facilities in accordance with Annex III;

(e) the determination of any harmonised standards for sampling and analysis methods needed for the technical implementation of this Directive.

Those measures, designed to amend non-essential elements of this Directive, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).

3. The Commission shall make the necessary amendments to the Annexes for the purpose of adapting them to scientific and technical progress. Those amendments shall be made with a view to achieving a high level of environmental protection.

Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).’;

2.

Article 23(3) shall be replaced by the following:

‘3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’.

(1)

OJ L 102, 11.4.2006, p. 15.