art_3__para
Member States may decide, in exceptional cases, on the basis of documentary evidence provided in an appropriate way by the holder, that a specific waste indicated in the list as being hazardous does not display any of the properties listed in Annex III to Directive 91/689/EEC. Without prejudice to Article 1(4), second indent, of Directive 91/689/EEC, Member States may decide, in exceptional cases, that a waste indicated in the list as being non-hazardous displays one or more of the properties listed in Annex III to Directive 91/689/EEC. All such decisions taken by Member States shall be communicated on a yearly basis to the Commission. The Commission shall collate these decisions and examine whether the Community list of wastes and hazardous wastes should be amended in the light of them.
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Source: EUR-Lex (Cellar) · retrieved 2026-10-29 · Text as adopted (Official Journal); later amendments are not incorporated in this text.