EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, XXX   
[…](2013) XXX  draft 
  
COMMISSION DECISION 
of XXX  
amending Decision 2000/532/EC on the list of waste pursuant to Directive 2008/98/EC of 
the European Parliament and of the Council 
(Text with EEA relevance) 
  
EN 2   EN COMMISSION DECISION 
of XXX  
amending Decision 2000/532/EC on the list of  waste pursuant to Directive 2008/98/EC of 
the European Parliament and of the Council 
(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 Eu ropean Parliament and of the Council of 19 
November 2008 on waste and repealing certain Directives
1, and in particular Article 7(1) 
thereof, 
Whereas: (1) A Union list of hazardous waste (hereafter ‘l ist of waste’) was established by Council 
Decision 94/904/EC
2, and that Decision has been replaced by Commission Decision 
2000/532/EC3. 
(2) Directive 2008/98/EC provides that the attr ibution of the hazardous properties H 4, H 
5, H 6, H 7, H 8, H 10, H 11 and H 14 is to be made on the basis of the criteria laid 
down by Annex VI to Council Directive 67/548/EEC4.  
(3) Directive 67/548/EEC has been replaced by Regulation (EC) No 1272/2008 of the 
European Parliament and of the Council5 with effect from 1 June 2015, reflecting 
technical and scientific progress. By wa y of derogation, Directive 67/548/EEC may 
apply to some mixtures until 1 June 2017, in  case they were cl assified, labelled and 
packaged in accordance with Directive 1999/45/ EC of the European Parliament and of 
the Council6 and already placed on the market before 1 June 2015. 
(4) Requirements of Decision 2000/53 2/EC for the classification of wastes as hazardous 
regarding the hazardous properties H 3 to H 8, H 10 and H 11 need to be adapted to 
                                                 
1 OJ L 312, 22.11.2008, p. 3. 
2 Council Decision 94/904 /EC of 22 December 1994 establishing a list of hazardous waste pursuant to 
Article 1 (4) of Council Directive 91/689/EEC on hazardous waste (OJ L 35 6, 31.12.1994, p. 14). 
3 Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of 
wastes pursuant to Article 1(a) of Council Di rective 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). 
4 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). 
5 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). 
6 Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the 
approximation of the laws, regulations and administrative provisions of the Member States relating to 
the classification, packaging and labelling of dang erous preparations (OJ L 200, 30.7.1999, p.1).  
EN 3   EN technical and scientif ic progress and aligned with the new legislation on chemicals, 
where appropriate. These requirements have  been included in A nnex III to Directive 
2008/98/EC.  
(5) The Annex to Decision 2000/532/EC establis hing the list of waste needs to be 
amended to align it with the terminol ogy used in Regulation (EC) No 1272/2008. In 
particular, the term ‘dangerous substance’  needs to be replaced by the term ‘hazardous 
substance’. It is appropriate to re fer to Council Regulation (EC) No 440/20087 or other 
internationally recognised test methods and guidelines when the attribution of 
hazardous properties is conducted by performing a test.  
(6) The properties that render wastes hazardous  are precisely defined in Annex III to 
Directive 2008/98/EC. Therefore, the char acteristics displayed by waste to be 
considered as hazardous as regards H3 to  H8, H 10 and H 11 that were included in 
Article 2 of Decision 2000/532/EC have become redundant. 
(7) The requirements of Article 3 of Decisi on 2000/532/EC are included in Articles 7(2) 
and (3) of Directive 2008/98/EC. Ther efore, they have become redundant. 
(8) The measures provided for in this Decision are in accordance with the opinion of the 
Committee provided for in Articl e 39 of Directive 2008/98/EC, 
HAS ADOPTED THIS DECISION:  
Article 1 
Decision 2000/532/EC is amended as follows: 
(1) Articles 2 and 3 are deleted. (2) The Annex is replaced by the Annex to this Decision. 
 
Article 2 
  
This Decision shall enter into force on the twen tieth day following that of its publication in 
the Official Journal of  the European Union .  
It shall apply from 1 June 2015.  Done at Brussels, 
 For the Commission 
   The President   
                                                
 
7 Council Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to 
Regulation (EC) No 1907/2006 of the European Pa rliament and of the Council on the Registration, 
Evaluation, Authorisation and Restriction of Chemicals (REACH) ( OJ L 142, 31.5.2008, p. 1).