2009/360/EC: Commission Decision of 30 April 2009 completing the technical requirements for waste characterisation laid down by 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) 3013)

1 Member States shall ensure that the waste characterisation to be carried out by operators in the extractive industries complies with this Decision.

2 Waste characterisation shall cover the following categories of information as specified in the Annex: (a) background information; (b) geological background of deposit to be exploited; (c) nature of the waste and its intended handling; (d) geotechnical behaviour of the waste; (e) geochemical characteristics and behaviour of the waste.

3 The criteria for defining inert waste laid down in Decision 2009/359/EC shall be taken into account for the purpose of assessing the geochemical behaviour of waste. Where, on the basis of those criteria, waste is considered to be ‘inert’, it shall be only subject to the relevant part of geochemical testing referred to in point 5 of the Annex.

1 Information and data necessary for the waste characterisation shall be collected in the order set out in paragraphs 2 to 5.

2 Existing investigations and studies, including existing permits, geological surveys, similar sites, lists of inert waste, appropriate certification schemes, European or national standards for similar material, which satisfy the technical requirements set out in the Annex shall be used.

3 The quality and representativity of all information shall be evaluated and possible missing information shall be identified.

4 Where information necessary for the characterisation of the waste is missing, a sampling plan shall be drawn up in accordance with standard EN 14899 and samples shall be taken in accordance with that sampling plan. Sampling plans shall be based on identified information as necessary, including: (a) purpose of data collection, (b) testing programme and sampling requirements, (c) sampling situations, including sampling from drill-cores, excavation face, conveyor belt, heap, pond, or other relevant situation, (d) procedures and recommendations for sample numbers, size, mass, description and handling. The reliability and quality of the sampling results shall be evaluated.

5 The results of the characterisation process shall be evaluated. Where necessary, additional information shall be collected following the same methodology. The final result shall feed into the waste management plan.

This Decision is addressed to the Member States.