{
  "url": "https://openlegislation.uk/eu-decision-2009-337/article-1",
  "json_url": "https://openlegislation.uk/eu-decision-2009-337/article-1.json",
  "legislation": "eudn/2009/337",
  "legislation_title": "Commission Decision of 20 April 2009 on the definition of the criteria for the classification of waste facilities in accordance with Annex III of Directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries (notified under document number C(2009) 2856) (2009/337/EC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2009-337",
  "path": "article/1",
  "kind": "article",
  "number": "1",
  "heading": null,
  "text": "1. A waste facility shall be classified under Category A in accordance with the first part of the categorisation legislation if the predicted consequences in the short or the long term of a failure due to loss of structural integrity, or due to incorrect operation of a waste facility could lead to:\n(a) non-negligible potential for loss of life;\n(b) serious danger to human health;\n(c) serious danger to the environment.\n2. For the purpose of the classification referred to in paragraph 1, the entire life-cycle of the facility, including the after-closure phase, shall be considered in the evaluation of the hazard potential of the facility.\n(3.) In paragraph 1, “first part of the categorisation legislation”—\n(a) as it extends to England and Wales, means the first indent of Annex 3 to Directive 2006/21/EC;\n(b) as it extends to Scotland, means paragraph (a) of the definition of “Category A waste facility” in regulation 2(1) of the 2010 Scotland Regulations;\n(c) as it extends to Northern Ireland, means paragraph 1 of Schedule 3 to the 2015 NI Regulations.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Art. 1(1) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 18(3)(a); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Art. 1(3) inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 18(3)(b); 2020 c. 1, Sch. 5 para. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2009/337/article/1",
    "retrieved_at": "2026-11-01T15:16:31.275656+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}