L 315/16 Official Journal of the European Communities 19.11.2002 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 13 November 2002 on Italian rules waiving permitting requirements for undertakings and establishments recovering hazardous waste under Article 3 of Directive 91/689/EEC on hazardous waste (notified under document number C(2002) 4392) (Only the Italian text is authentic) (Text with EEA relevance) (2002/909/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 75/442[EEC of 15 July 1995 on waste (!), as amended by Directive 91/156/EEC (3), Having regard to Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (°), and in particular Article 3 thereof, Whereas: 1 () () ) Article 3(2) and (3) of Directive 91/689/EEC provide the conditions that must be fulfilled if in accordance with Article 11(1)(b) of Directive 75/442[EEC a Member State wishes to waive the permitting requirement in Article 10 of Directive 75/442[EEC for establishments or under- takings which recover hazardous waste. Member States wishing to waive permitting requirements under Article 3(2) of Directive 91/689/EEC must also comply with the procedural requirements set out in Article 3(4) of that Directive. On 1 December 1999 and 17 November 2000 Italy sent to the Commission a draft Decree based on Article 33 of Decree No 22 of 5 February 1997 setting out conditions for applying a derogation to the permitting requirement in respect of the recovery of hazardous waste. L 194, 25.7.1975, p. 39. L 78,26.3.1991, p. 32. L 377, 31.12.1991, p. 20. (4) The Commission has consulted Member States on the rules set out in the draft Decree, and during the consul- tation phase no Member State has objected to the draft rules being accepted. In the light of this consultation, and in view of its own analysis that the draft rules comply with the require- ments of Article 3 of Directive 91/689[EEC, the Commission proposed that the draft rules be finally agreed upon in accordance with the procedure laid down in Article 18 of Directive 75/442[EEC. The Committee established by Article 18 of Directive 75/442[EEC gave its opinion on 6 September 2002 in favour of agreeing upon the rules. The rules are thus in accordance with the opinion expressed by the Committee established in Article 18 of Directive 75/442[EEC. The rules set out in the Italian draft Decree should accordingly be agreed upon. This agreement relates exclusively to the requirements pertaining to Article 3(2) to (4) of Directive 91/689/EEC in conjunction with Article 11(1)(b) of Directive 75/442] EEC and is without prejudice to the application of other provisions contained in those Directives or other Community legislation to the Italian draft Decree,