22.4.2009 Official Journal of the European Union L 102/7 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION 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) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending  Directive 2004/35/EC ('), and in particular Article 22(1)(g) thereof, Whereas: (1)  In order to ensure a common assessment of the criteria set out in Annex Il to Directive 2006/21EC, it is necessary to define a methodology and, where possible, to fix limit values, taking into account the different types of waste facilities, their behaviour in the short and long term as well as throughout their operating phase. () It is appropriate from a technical point of view to exempt waste facilities containing only inert waste or unpolluted soil from the assessment of the criteria concerning the presence of dangerous substances or hazardous waste. (3)  The potential hazard posed by a waste facility may change significantly during the operational and closure () O] L 102, 11.4.2006, p. 15. phases of the facility. Therefore, it is appropriate to review the classification of the facility as necessary and at least at the end of the operational phase. (4)  In order to assess the potential for loss of life and danger for human health in cases of loss of structural integrity, or incorrect operation, of a facility, the actual permanent presence of people in the potentially affected areas should be taken into account when assessing the signif- icance of that potential loss of life or danger for human health. (5)  The measures provided for in this Decision are in accordance with the opinion of the Committee estab- lished by Article 18 of Directive 2006/12/EC of the European Parliament and of the Council (), HAS ADOPTED THIS DECISION: Article 1 1. A waste facility shall be classified under Category A in accordance with the first indent of Annex II of Directive 2006/21/EC 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: (a) non-negligible potential for loss of life; () O] L 114, 27.4.2006, p. 9.