# Commission Decision of 18 December 2014 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) (2014/955/EU)         

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U.K.

# Commission Decision

# of 18 December 2014

# 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)

# (2014/955/EU)

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 Directives(1), and in particular Article 7(1) thereof,                        

Whereas:

(1)A Union list of hazardous waste (hereafter ‘list of waste’) was established by Council Decision 94/904/EC(2), and that Decision has been replaced by Commission Decision 2000/532/EC(3).

(2)Directive 2008/98/EC provides that the attribution 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/EEC(4).

(3)Directive 67/548/EEC has been replaced by Regulation (EC) No 1272/2008 of the European Parliament and of the Council(5) with effect from 1 June 2015, reflecting technical and scientific progress. By way of derogation, Directive 67/548/EEC may                              apply to some mixtures until 1 June 2017, in case they were classified, labelled and packaged in accordance with Directive                              1999/45/EC of the European Parliament and of the Council(6) and already placed on the market before 1 June 2015.

(4)Requirements of Decision 2000/532/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 technical and scientific progress and aligned with the new legislation on chemicals,                              where appropriate. These requirements have been included in Annex III to Directive 2008/98/EC.

(5)The Annex to Decision 2000/532/EC establishing the list of waste needs to be amended to align it with the terminology used                              in Regulation (EC) No 1272/2008. It is appropriate to refer to Council Regulation (EC) No 440/2008(7) 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 characteristics                              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 Decision 2000/532/EC are included in Articles 7(2) and (3) of Directive 2008/98/EC. Therefore,                              they have become redundant.

(8)The measures provided for in this Decision are in accordance with the opinion of the Committee provided for in Article 39                              of Directive 2008/98/EC,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

Decision 2000/532/EC is amended as follows:

Articles 2 and 3 are deleted.

The Annex is replaced by the Annex to this Decision.

# Article 2U.K.

This Decision shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union*.                  

It shall apply from 1 June 2015.

Done at Brussels, 18 December 2014.

*For the Commission*                            

*The President*                            

Jean-Claude Juncker                            

## ANNEXU.K.LIST OF WASTE REFERRED TO IN ARTICLE 7 OF DIRECTIVE 2008/98/EC

### DEFINITIONSU.K.

For the purposes of this Annex, the following definitions shall apply:

‘hazardous substance’ means a substance classified as hazardous as a consequence of fulfilling the criteria laid down in parts                              2 to 5 of Annex I to Regulation (EC) No 1272/2008;                           

‘heavy metal’ means any compound of antimony, arsenic, cadmium, chromium (VI), copper, lead, mercury, nickel, selenium, tellurium,                              thallium and tin, as well as these materials in metallic form, as far as these are classified as hazardous substances;                           

‘polychlorinated biphenyls and polychlorinated terphenyls’ (‘PCBs’) means PCBs as defined in Article 2(a) of Council Directive                              96/59/EC(8);                           

‘transition metals’ means any of the following metals: any compound of scandium, vanadium, manganese, cobalt, copper, yttrium,                              niobium, hafnium, tungsten, titanium, chromium, iron, nickel, zinc, zirconium, molybdenum and tantalum, as well as these materials                              in metallic form, as far as these are classified as hazardous substances;                           

‘stabilisation’ means processes which change the hazardousness of the constituents in the waste and transform hazardous waste                              into non-hazardous waste;                           

‘solidification’ means processes which only change the physical state of the waste by using additives without changing the                              chemical properties of the waste;                           

‘partly stabilised wastes’ means wastes containing, after the stabilisation process, hazardous constituents which have not                              been changed completely into non-hazardous constituents and could be released into the environment in the short, middle or                              long term.                           

### ASSESSMENT AND CLASSIFICATIONU.K.

#### 1.Assessment of hazardous properties of wasteU.K.

When assessing the hazardous properties of wastes, the criteria laid down in Annex III to Directive 2008/98/EC shall apply.                     For the hazardous properties HP 4, HP 6 and HP 8, cut-off values for individual substances as indicated in Annex III to Directive                     2008/98/EC shall apply to the assessment. Where a substance is present in the waste below its cut-off value, it shall not                     be included in any calculation of a threshold. Where a hazardous property of a waste has been assessed by a test and by using                     the concentrations of hazardous substances as indicated in Annex III to Directive 2008/98/EC, the results of the test shall                     prevail.                  

#### 2.Classification of waste as hazardousU.K.

Any waste marked with an asterisk (*) in the list of wastes shall be considered as hazardous waste pursuant to Directive 2008/98/EC,                     unless Article 20 of that Directive applies.                  

For those wastes for which hazardous and non-hazardous waste codes could be assigned, the following shall apply:
          -  An entry in the harmonised list of wastes marked as hazardous, having a specific or general reference to 'hazardous substances',                           is only appropriate to a waste when that waste contains relevant hazardous substances that cause the waste to display one                           or more of the hazardous properties HP 1 to HP 8 and/or HP 10 to HP 15 as listed in Annex III to Directive 2008/98/EC. The                           assessment of the hazardous property HP 9 'infectious' shall be made according to relevant legislation or reference documents                           in the Member States.                         
          -  A hazardous property can be assessed by using the concentration of substances in the waste as specified in Annex III to Directive                           2008/98/EC or, unless otherwise specified in Regulation (EC) No 1272/2008, by performing a test in accordance with Regulation                           (EC) No 440/2008 or other internationally recognised test methods and guidelines, taking into account Article 7 of Regulation                           (EC) No 1272/2008 as regards animal and human testing.                         
          -  Wastes containing polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF), DDT (1,1,1-trichloro-2,2-bis (4-chlorophenyl)ethane),                           chlordane, hexachlorocyclohexanes (including lindane), dieldrin, endrin, heptachlor, hexaclorobenzene, chlordecone, aldrine,                           pentachlorobenzene, mirex, toxaphene hexabromobiphenyl and/or PCB exceeding the concentration limits indicated in Annex IV                           to Regulation (EC) No 850/2004 of the European Parliament and of the Council(9) shall be classified as hazardous.                         
          -  The concentration limits defined in Annex III to Directive 2008/98/EC do not apply to pure metal alloys in their massive form                           (not contaminated with hazardous substances). Those waste alloys that are considered as hazardous waste are specifically enumerated                           in this list and marked with an asterisk (*).                         
          -  Where applicable, the following notes included in Annex VI to Regulation (EC) No 1272/2008 may be taken into account when                           establishing the hazardous properties of wastes:                                      -  1.1.3.1. Notes relating to the identification, classification and labelling of substances: Notes B, D, F, J, L, M, P, Q, R,                                 and U.                               
            -  1.1.3.2. Notes relating to the classification and labelling of mixtures: Notes 1, 2, 3 and 5. 
          -  After assessing the hazardous properties for a waste according to this method, an appropriate hazardous or non-hazardous entry                           from the list of wastes shall be assigned.                          All other entries in the harmonised list of wastes are considered non-hazardous. 

### LIST OF WASTEU.K.

The different types of waste in the list are fully defined by the six-digit code for the waste and the respective two-digit                     and four-digit chapter headings. This implies that the following steps should be taken to identify a waste in the list:                  
          -  Identify the source generating the waste in Chapters 01 to 12 or 17 to 20 and identify the appropriate six-digit code of the                           waste (excluding codes ending with 99 of these chapters). Note that a specific production unit may need to classify its activities                           in several chapters. For instance, a car manufacturer may find its wastes listed in Chapters 12 (wastes from shaping and surface                           treatment of metals), 11 (inorganic wastes containing metals from metal treatment and the coating of metals) and 08 (wastes                           from the use of coatings), depending on the different process steps.                         
          -  If no appropriate waste code can be found in Chapters 01 to 12 or 17 to 20, the Chapters 13, 14 and 15 must be examined to                           identify the waste.                         
          -  If none of these waste codes apply, the waste must be identified according to Chapter 16. 
          -  If the waste is not in Chapter 16 either, the 99 code (wastes not otherwise specified) must be used in the section of the                           list corresponding to the activity identified in step one.                         

#### INDEX

**Chapters of the list**

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 356, 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 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).                           

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                              dangerous preparations (OJ L 200, 30.7.1999, p. 1).                           

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 Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)                              (OJ L 142, 31.5.2008, p. 1).                           

8

Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls                              (PCB/PCT) (OJ L 243, 24.9.1996, p. 31).                           

9

Regulation (EC) No 850/2004 of the European parliament and of the Council of 29 April 2004 on persistent organic pollutants                              and amending Directive 79/117/EEC (OJ L 158, 30.4.2004, p. 7).