EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, XXX   
[…](2014) XXX  draft 
  
COMMISSION DIRECTIVE ../…/EU 
of XXX  
replacing Annex III to Directive 2008/98/EC of the European Parliament and of the 
Council on waste and repealing certain Directives 
(Text with EEA relevance) 
 EN 2   EN COMMISSION DIRECTIVE ../…/EU 
of XXX  
replacing Annex III to Directive 2008/98/EC of  the European Parliament and of the 
Council on waste and repealing certain Directives 
(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 on 
waste and repealing certain Directives
1, 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 classi fication of waste as hazardous should be 
based, inter alia, on the Union legislation on chemicals, in particular concerning the 
classification of preparations as hazardous , including concentration limit values used 
for that purpose. Furthermore, it is necessary to maintain the system by which waste and hazardous waste have been classified in  accordance with the list of the types of 
waste as last established by Commission Decision 2000/532/EC
2, in order to 
encourage a harmonised classification of waste and ensure the harmonised determination of hazardous waste within the Union. 
(3) Annex III to Directive 2008/98/EC provides that the attribution of the hazardous 
properties H 4 (‘irritant’), H 5 (‘harmful’),  H 6 (‘toxic’ and ‘very toxic’), H 7 
(‘carcinogenic’), H 8 (‘corrosive’), H 10 (‘toxi c for reproduction’), H 11 (‘mutagenic’) 
and H 14 (‘ecotoxic’) is to be made on the ba sis of the criteria laid down by Annex VI 
to Council Directive 67/548/EEC
3. 
(4) Annex III to Directive 2008/98/EC provides that, where relevant, the limit values 
listed in Annex II and III to Directive 1999/45/ EC of the European Parliament and of 
the Council 4 shall apply. 
(5) Directive 67/548/EEC and Directive 1999/45/EC are to be repealed with effect of 1 
June 2015 and replaced by Regulation (EC) No 1272/20085, which reflects technical 
                                                 
1 Directive 2008/98/EC of the European Parliament and of  the Council of 19 November 2008 on waste and repealing 
certain Directives  (OJ L 312, 22.11.2008, p. 3). 
2 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). 
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 L 196, 16.8.1967, p. 1). 
4 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 and scientific progress. By way of der ogation, both directives may apply to some 
mixtures until 1 June 2017, in case they were  classified, labelled and packaged in 
accordance with Directive 1999/45/EC and alrea dy placed on the market before 1 June 
2015.  
(6) It is necessary to amend A nnex III to Directive 2008/98/EC to adapt the definitions of 
the hazardous properties accordingly aligning them with Regulation (EC) No 1272/2008, where appropriate and replacing th e references to Directive 67/548/EEC 
and to Directive 1999/45/EC by refere nces to Regulation (EC) No 1272/2008. 
(7) In order to ensure sufficient completeness and representativeness also as regards the 
information on possible impacts of an alignm ent of HP 14 'ecotoxic' with Regulation 
(EC) No 1272/2008, an additional study is needed.  
(8) The hazardous properties H 1 to H 15 defi ned in Annex III to Directive 2008/98/EC 
should be renamed HP 1 to HP 15 in or der to avoid potential confusion with the 
hazard statement codes defined in Regulation (EC) No 1272/2008. 
(9) The names of the former hazardous properties H 5 (‘harmful’) and H 6 (‘toxic’) should 
be amended to align them with the change s of the legislation on chemicals and, in 
particular, the new hazard class and category codes defi ned in Regulation (EC) No 
1272/2008.  
(10) New names should be introduced for the former hazardous properties H 12 and H 15 
in order to ensure consiste ncy with the naming of the other hazardous properties.  
(11) In accordance with the Joint Political De claration of Member States and the 
Commission of 28 September 2011 on explanatory documents
6, Member States have 
undertaken to accompany, in justified cases, the notification of their transposition 
measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition 
instruments.  
(12)  The measures provided for in this Directiv e are in accordance with the opinion of the 
Committee provided for in Articl e 39 of Directive 2008/98/EC, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Annex III to Directive 2008/98/EC is replaced by the text set out in the Annex to this 
Directive. 
Article 2 
1. Member States shall adopt and publish, by 31 May 2015 at th e latest, the laws, 
regulations and administrative provisions necessary to comply with this Directive. 
They shall forthwith communicate to the Co mmission the text of those provisions. 
They shall apply those provisions from 1 June 2015.  
                                                                                                                                                        
 
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 OJ C 369, 17.12.2011, p. 14. EN 4   EN When Member States adopt those provisions,  they shall contain a reference to this 
Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.  
2. Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 
Article 3 
This Directive shall enter into force on the tw entieth day following that of its publication in 
the Official Journal of  the European Union .  
Article 4 
This Directive is addressed to the Member States. 
Done at Brussels, 
 For the Commission 
 The President