Commission Decision
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
(notified under document number C(2000) 1147)
(Text with EEA relevance)
(2000/532/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 75/442/EEC of 15 July 1975 on waste(1), as amended by Directive 91/156/EEC(2), and in particular Article 1(a) thereof,
Having regard to Council Directive 91/689/EEC of 12 December 1991 on hazardous waste(3), and in particular Article 1(4), second indent thereof,
Whereas:
(1) Several Member States have notified a number of waste categories which they consider to display one or more of the properties listed in Annex III to Directive 91/689/EEC.
(2) Article 1(4) of Directive 91/689/EEC requires the Commission to examine notifications from Member States with a view to amending the list of hazardous wastes laid down in Council Decision 94/904/EC(4).
(3) Any waste inserted in the list of hazardous wastes must also be included in the European Waste Catalogue laid down in Commission Decision 94/3/EC(5). It is appropriate, in order to increase the transparency of the listing system and to simplify existing provisions, to establish one Community list which integrates the list of wastes laid down in Decision 94/3/EC and that of hazardous wastes laid down in Decision 94/904/EC.
(4) The Commission is assisted in this task by the Committee established by Article 18 of Directive 75/442/EEC.
(5) The measures laid down in this Decision are in accordance with the opinion expressed by the aforementioned Committee,
HAS ADOPTED THIS DECISION:
Article 1
The list in the Annex to this Decision is adopted.
Article 2
Wastes classified as hazardous are considered to display one or more of the properties listed in Annex III to Directive 91/689/EEC and, as regards H3 to H8, H10(6) and H11 of that Annex, one or more of the following:
- flash point &lt;= 55 °C,
- one or more substances classified(7) as very toxic at a total concentration &gt;= 0,1 %,
- one or more substances classified as toxic at a total concentration &gt;= 3 %,
- one or more substances classified as harmful at a total concentration &gt;= 25 %,
- one or more corrosive substances classified as R35 at a total concentration &gt;= 1 %,
- one or more corrosive substances classified as R34 at a total concentration &gt;= 5 %,
- one or more irritant substances classified as R41 at a total concentration &gt;= 10 %,
- one or more irritant substances classified as R36, R37, R38 at a total concentration &gt;= 20 %,
- one or more substances known to be carcinogenic of category 1 or 2 at a total concentration &gt;= 0,1 %,
- one or more substances toxic for reproduction of category 1 or 2 classified as R60, R61 at a total concentration &gt;= 0,5 %,
- one or more substances toxic for reproduction of category 3 classified as R62, R63 at a total concentration &gt;= 5 %,
- one or more mutagenic substances of category 1 or 2 classified as R46 at a total concentration &gt;= 0,1 %,
- one or more mutagenic substances of category 3 classified as R40 at a total concentration &gt;= 1 %.
Article 3
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.
Article 4
Member States shall take the measures necessary to comply with this Decision not later than 1 January 2002.
Article 5
Decision 94/3/EC and Decision 94/904/EC are repealed with effect from 1 January 2002.
Article 6
This Decision is addressed to the Member States.
Done at Brussels, 3 May 2000.