EN    EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2016) XXX  draft  
  
COMMISSION REGULATION (EU) …/…  
of XXX  
amending Annex III to Directive 2008/98/EC of the European Parliament and of the 
Council  as regards the hazardous property HP 14 (ʻEcotoxic’)  
 (Text with EEA relevance)    
EN 2   EN COMMISSION REGULATION (EU) …/…  
of XXX  
amending  Annex III to Directive 2008/98/EC of the European Parliament and of the 
Council  as regards the hazardous property HP 14 (ʻEcotoxic’)  
 (Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to Directive 2008/98/EC of the European Parliament and of the Council of 19 
November 2008 on waste and repealing certain Directives1, and in particular Article 38(2)  
thereof,  
 
Whereas:   
(1) Annex III to Directive 2008/98/EC lists properties of waste which render it hazardous . 
(2) Directive 2008/98/EC states that the classification of waste as hazardous should be 
based, inter alia, on the Union legislation on chemicals, in particular concerning the 
classification of mixtures  as hazardous, including concentration limit values used for 
that purpose. Commission Decision 2000/532/EC2 established a list of the types of 
waste in order to encourage a harmonised classification of waste and to ensure the 
harmonised determination of haz ardous properties of waste within the Union.  
(3) Annex III to Directive 2008/98/EC provides that the attribution of the hazardous 
property HP 14 (ʻEcotoxic’ ) is to be made on the basis of the criteria laid down by 
Annex VI to Council Directive 67/548/EEC3. 
(4) Directive 67/548/EEC  was repealed from  1 June 2015 and replaced by Regulation 
(EC) No 1272/20084. By way of derogation, this Directive may apply to some 
mixtures until 1 June 2017, in case they were classified, labelled and packaged in 
accordance with Directi ve 1999/45/EC and already placed on the market before 1 June 
2015.   
                                                 
1 OJ L 312, 22.11.2008, p. 3.  
2 Commission Decision 2000/532 of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes 
pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC 
establishing a  list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on 
hazardous waste  (OJ L 226, 6.9.2000, p. 3 ). 
3 Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and 
administrative provisions relating  to the classification, packaging and labelling of dangerous substances  
(OJ 196, 16.8.1967, p. 1 ). 
4 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on 
classification, labelling and packaging of substances and  mixtures, amending and repealing Directives 
67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006  (OJ L 353, 31.12.2008, p. 
1).  
EN 3   EN (5) Annex III to Directive 2008/98/EC was replaced  by Commission Regulation (EU) No 
1357/20145 in order to align , where appropriate,  the definitions of the hazardous 
properties with Regulation  (EC) No 1272/2008, and  replace  the references to Directive 
67/548/EEC by references to Regulation (EC) No 1272/2008.    
(6) The definition of hazardous property HP 14 (ʻEcotoxic’)  was not amended by 
Commission  Regulation (EU) No 1357/ 2014  as an additional stud y was needed in 
order to ensure completeness and representativeness as regards the information on 
possible impacts of an alignment of the assessment of hazardous property HP 14 
(ʻEcotoxic’ ) with Regulation (EC) No 1272/2008 . This Regulation should reflect the 
recommendations of that study , and to the extent possible align the assessment of 
hazardous property HP 14 (ʻEcotoxic’)  for waste with the criteria laid down in 
Regulation (EC) No 1272/2008  for the assessment of ecotoxicity of chemicals .  
(7) When determining the hazard classification of waste for hazardous property HP14  
(ʻEcotoxic’ ) by applying calculation formulae, generic cut-off values , as defined in 
Regulation (EC) No 1272/2008,  should apply to substances in waste in order to reduce 
the classif ication burden .  
(8) The measures provided  for in this Regulation are in acc ordance with the opinion of the 
Committee  provided for in Article 39 of Directive 2008/98/EC , 
HAS ADOPTED THIS REGULATION:  
Article 1 
Annex III to Directive 2008/98/EC  is amended as follows:  
1. the entry for HP 14 ʻEcotoxic ’ is replaced by the following:  
"HP 14 ʻEcotoxic ’: waste which presents or may present immediate or delayed risks for one 
or more sectors of the environment.  
When waste fulfils the conditions  set out in any of the following points , it shall be classified 
as haza rdous by HP 14 :  
– When a waste contains a substance classified as ozone depleting assigned the hazard 
statement code H420 in accordance with  Regulation (EC) No 1272/2008  of the 
European Parliament and of the Council*  and the concentration of such a substance 
equals or exceeds the concentration limit of 0.1%, the waste shall be classified as 
hazardous by HP14.   
[ c(H420) ≥ 0.1% ]  
– When waste contains one or more substances  classified as aquatic acute assigned the 
hazard statement code H400 in accordance with  Regulation (EC) No 1272/2008 and 
the sum  of the concentrations of those  substances equals or exceeds the concentration 
limit of 25% , the waste shall be classified as ha zardous by HP14.  A cut -off value of 
0.1% shall apply to such substances.  
[ ∑ c (H400 ) ≥ 25 %  ] 
– When a waste contains one or more substances classified as aquatic chronic 1, 2 or 3 
assigned to the hazard statement code(s) H410, H411 or H412 in accordance with 
                                                 
5 Commission Regulation (EU) No 1357/2014 of 18 December 2014 replacing Annex III to Directive 
2008/98/EC of the  European Parliament and of the Council on waste and repealing certain Directives 
(OJ L 365, 19.12.2014, p. 89 ).  
EN 4   EN Regulation (EC) No 1272/2008 , and the sum of the concentrations of all substances 
classified as aquatic chronic 1 (H410) multiplied by 100 added to the sum  of the 
concentrations of  all substances classified as aquatic chronic 2 (H411) multiplied by 
10 added to the sum of the concentrations of all substances classified  as aquatic 
chronic 3 (H412) equals or exceeds the concentration limit of 25%, the waste shall be 
classified as hazardous by HP 14.  A cut -off value of 0.1% applies to substances 
classified  as H410 and a cut -off value of 1% applies to substances classified as H411 
or H412.  
[ 100 x ∑c (H410)) + 10 x ∑c (H411) + ∑c (H412) ≥ 25% ]  
– When a waste contains one or more substances classified as aquatic chronic 1, 2, 3 or 
4 assigned the hazard stateme nt code(s) H410, H411, H412 or 413 in accordance 
with Regulation (EC) No 1272/2008 , and the sum of the concentrations of all 
substances classified as aquatic chronic equals or exceeds the concentration limit of 
25%, the waste shall be classified as hazardo us by HP 14.  A cut -off value of 0.1% 
applies to substances classified as H410 and a cut -off value of 1% applies to 
substances classified as H411, H412 or H413.  
[ ∑ c H410 + ∑ c H411 + ∑ c H412 + ∑ c H413 ≥ 25 %  ], 
where:  ∑ = sum  and c = concentration s of the substances . 
___________________________________  
* Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 
December 2008 on classification, labelling and packaging of substances and mixtures, 
amending and repealing Directives 67 /548/EEC and 1999/45/EC, and amending Regulation 
(EC) No 1907/2006  (OJ L 353, 31.12.2008, p. 1 ).'; 
 
2. Below the entry for HP 15, the following text is deleted:   
‘Note  
Attribution of the hazardous property HP 14 is made on the basis of the criteria laid d own in 
Annex VI to Council Directive 67/548/EEC.'  
 
Article 2 
This Regulation shall enter into force on the day following that of its publication in the 
Official Journal of the European Union . It shall apply from [6 months after date of its 
publication in the OJ] . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Jean-Claude JUNCKER