EN Official Journal of the European Union C 124/1

Commission notice on technical guidance on the classification of waste

(2018/C 124/01)

The purpose of this Notice is to give technical guidance on certain aspects of Directive 2008/98/EC on waste (‘Waste Framework Directive’ or ‘WFD’) (1) and Commission Decision 2000/532/EC on the list of waste (‘List of Waste’ or ‘LoW’), as revised in 2014 and 2017 (2).

In particular, it provides clarifications and guidance to national authorities, including local authorities, and businesses (e.g. for permitting issues) on the correct interpretation and application of the relevant EU legislation regarding the classification of waste, namely identification of hazardous properties, assessing if the waste has a hazardous property and, ultimately, classifying the waste as hazardous or non-hazardous.

The Notice has been adopted following discussions and consultations with Member States and stakeholders (3).

The Notice is structured in three chapters and four annexes:

— Chapter 1 provides an overall background to waste classification and instructions on how to read the guidance.

— In Chapter 2, the relevant parts of EU waste legislation are briefly presented and their relevance for the definition and classification of (hazardous) waste is given.

— Chapter 3 presents the general steps of waste classification highlighting the basic concepts but without entering into detailed discussions.

For detailed information reference is made to the respective annexes, where the specific aspects are described extensively:

— Annex 1 provides information on the List of Waste and on the selection of appropriate List of Waste entries.

— Annex 2 presents the different sources of information on hazardous substances and their classification.

— Annex 3 describes the principles for the assessment of the individual hazardous properties HP1 to HP 15.

— Annex 4 reviews basic concepts and refers to the available standards and methods regarding waste sampling and chemical analyses of waste.

The present document provides clarifications in accordance with the existing EU legislation and taking into account guidelines on waste classification from various EU Member States.

This technical guidance may be updated as necessary in light of the experience with the implementation of the EU relevant legislation.

The guidance provided in this Notice is without prejudice to the interpretation which may be given by the Court of Justice of the European Union (CJEU). The views expressed in this technical guidance cannot prejudge the position that the Commission might take before the CJEU.

ABBREVIATIONS

ATP Adaption to Technical Progress BDE Brominated diphenyl ethers BREF Best Available Techniques Reference Document BTEX Benzene, Toluene, Ethylbenzene and Xylene CEN European Committee for Standardization C&L Classification & Labelling CLP Classification, Labelling and Packaging CLRTAP Convention on Long-Range Transboundary Air Pollution ECHA European Chemicals Agency EEA European Environmental Agency ELV End-of life vehicles GHS Globally Harmonised System ODS Ozone depleting substances PAH Polycyclic Aromatic Hydrocarbons POP Persistent Organic Pollutant SDS Safety Data Sheet UN United Nations WAC Waste Acceptance Criteria WEEE Waste electrical and electronic equipment

TABLE OF CONTENTS

ABBREVIATIONS 3

1. INTRODUCTION 5

1.1. Background 5

1.2. To whom is the guidance addressed? 5

1.3. How to read the guidance? 5

2. LEGISLATIVE FRAMEWORK 6

2.1. Waste Legislation 6

2.1.1. Waste Framework Directive (WFD) 6

2.1.2. European List of Waste (LoW) 7

2.1.3. Waste Shipment Regulation (WSR) 8

2.1.4. Landfill Directive 8

2.1.5. Directive on waste from the extractive industries (Extractive Waste Directive) 9

2.1.6. REACH Regulation 9

2.1.7. Classification Labelling Packaging (CLP) Regulation 10

2.1.8. Persistent Organic Pollutants (POP) Regulation 10

2.1.9. Seveso III Directive 11

3. PROCEDURES FOR THE CLASSIFICATION OF WASTE 12

3.1. General approach to the classification of waste 12

3.1.1. Step 1: Is the WFD applicable? 13

3.1.2. Step 2: Which entry of the List of Waste is applicable? 14

3.2. Assignment of MH or MNH entry 15

3.2.1. Step 3: Is sufficient knowledge on the composition of the waste available to determine if it displays hazardous properties either by calculating or testing in line with Step 4? 16

3.2.2. Step 4: Does the waste display any of the hazardous properties HP1 to HP15? 17

3.2.3. Step 5: Is it likely or known that the waste contains any of the POPs indicated in in the Annex to the LoW (point 2, indent 3)? 18

ANNEXES:

ANNEX 1: Annotated List of Waste 21

ANNEX 2: Data sources and information basis on hazardous substances 83

ANNEX 3: Specific approaches to determine hazard properties (HP1 to HP15) 87

ANNEX 4: Sampling and chemical analysis of waste 124

ANNEX 5: Sources and external references 134

1. INTRODUCTION

1.1. Background

The classification of waste as hazardous or non-hazardous, and, in particular, understanding when and under what circumstances waste is to be considered hazardous is a crucial decision in the entire chain of waste management from generation to final treatment. When a waste is correctly classified as hazardous, a number of important obligations are triggered, for instance on labelling and packaging, but also in terms of the available compliant treatment.

The EU has learned lessons from the application of waste legislation and has taken the scientific and economic progress into account when the framework for classification of waste and the list of properties that render waste hazardous was reviewed in 2014 and in 2017. This update of legislation, which also takes into consideration the fundamental changes in EU chemicals legislation during the past years, again sets out challenges for authorities and industry.

As also underlined in the Commission Communication on options to address the interface between chemical, product and waste legislation (COM(2018) 32 final), the way rules on classification of waste are implemented and enforced has important consequences on future waste management choices, such as feasibility and economic viability of collection, recycling method or the choice between recycling and disposal. Such discrepancies may have an impact upon the uptake of secondary raw materials. This guidance document on waste classification is a first tool suggested in the Communication to assist waste operators and competent authorities to have a common approach to waste characterisation and classification, thus minimising such discrepancies and impacts.

1.2. To whom is the guidance addressed?

This document provides guidance to national authorities, including local authorities, and businesses (e.g. for permitting issues) on the correct interpretation and application of the relevant EU legislation regarding the classification of waste, in particular the Waste Framework Directive (4) and the List of Waste (5).

1.3. How to read the guidance?

The overall background and the specific legislative framework are presented in chapters 1 and 2.

Chapter 3 guides through the basic steps of the classification process. It does not contain specific information on how to perform the necessary steps for classification but rather mentions a general overview. For certain steps, reference is made to the corresponding Annex, where more detailed information can be found.

2. LEGISLATIVE FRAMEWORK

2.1. Waste Legislation

2.1.1. Waste Framework Directive (WFD)

The WFD sets out what waste is and how it should be managed. A hazardous waste is defined as a waste that displays one or more of the fifteen hazardous properties listed in Annex III to the WFD. Article 7 of the WFD sets the basis for the LoW.

Box 1: The Waste Framework Directive

The Waste Framework Directive 2008/98/EC (hereinafter WFD) is the key legislative document on waste at the EU level. Being a Directive, the WFD is transposed into the national legislation of the MS by means of separate legal acts.

The scope of the Directive is determined by the definition of ‘waste’ in Article 3(1) WFD as:.

‘any substance or object which the holder discards or intends or is required to discard’.

In many cases the decision as to whether a substance or an object is ‘waste’ in accordance with the WFD is easy to determine. However, in some other cases it is more difficult. Extensive guidance on the definition of ‘waste’, including information on the exclusions from the scope of WFD, and examples from the binding jurisprudence of the CJEU, can be found in the Guidance on the interpretation of key provisions of Directive 2008/98/EC (6) (hereafter ‘the WFD Guidance’). If a substance or object fulfils the criteria for being waste, it is subject to waste legislation including rules on waste classification (unless it is specifically excluded from the scope of WFD).

The WFD defines ‘hazardous waste’ in its Article 3(2) as:

‘waste which displays one or more of the hazardous properties listed in Annex III’.

Deciding whether a substance or object can be considered ‘waste’ in the sense of the WFD is an important decision, and just as equally important, is the decision as to whether it should be classified as ‘non-hazardous waste’ or ‘hazardous waste’.

Strict conditions apply to the managing of hazardous waste, in particular:

— the obligation to provide evidence for the tracking of the waste according to the system put by the relevant Member State (Article 17 WFD);

— a mixing ban (Article 18 WFD, see for details the WFD Guidance).

— specific labelling and packaging obligations (Article 19 WFD).

The EU legislation further determines that hazardous waste must only be treated in specially designated treatment facilities that have obtained a special permit as required under Articles 23 to 25 of the Waste Framework Directive, but also under other legislation such as the Landfill (7) and Industrial Emissions (8) Directives.

The properties of waste which render it hazardous, laid down in Annex III to the WFD have been recently adapted to scientific progress through Commission Regulation (EU) 1357/2014 (9), applicable as of 1 June 2015, and Council Regulation (EU) 2017/997 (10), applicable as of 5 July 2018. EU regulations are directly applicable in the Member States without transposition to national legislation. The hazardous properties are discussed in detail in Annex 3 of this document.

In the context of waste classification, Article 7 WFD sets the basis for the List of Waste (see below) and its application. Member States may introduce additional entries in the national documents reflecting the LoW.

Article 7 of the WFD Article 7(2) and (3) WFD set out provisions for the case that a Member considers a waste as hazardous which is listed in the LoW as non-hazardous, and vice versa. The two paras read as follows: ‘2. A Member State may consider waste as hazardous waste where, even though it does not appear as such on the list of waste, if it displays one or more of the properties listed in Annex III. The Member State shall notify the Commission of any such cases without delay. It shall record them in the report provided for in Article 37(1) and shall provide the Commission with all relevant information. In the light of notifications received, the list shall be reviewed in order to decide on its adaptation. 3. Where a Member State has evidence to show that specific waste that appears on the list as hazardous waste does not display any of the properties listed in Annex III, it may consider that waste as non-hazardous waste. The Member State shall notify the Commission of any such cases without delay and shall provide the Commission with the necessary evidence. In the light of notifications received, the list shall be reviewed in order to decide on its adaptation.’ Article 7(2) and (3) do not prescribe the competent authority or the relevant procedure for such decisions; this is a question left to the internal legal and administrative organisation of each Member State (however, economic operators or other private entities are not considered ‘the Member States’ and are not entitled to take a decision pursuant to Article 7(2) and 7(3) WFD).

Box 2: Article 7 of the WFD

2.1.2. European List of Waste (LoW)

The LoW provides further provisions for the assessment of hazardous properties and the classification of waste. It provides the list of wastes, categorised into chapters, sub-chapters and entries. The entries in the LoW can be categorised into ‘absolute hazardous entries’, ‘absolute non-hazardous entries’ and ‘mirror entries’.

Box 3: The European List of Waste

Commission Decision 2000/532/EC (11) establishes the European List of Waste (LoW). The LoW is the key document for classification of waste. A consolidated version of the LoW has existed since 2000 and has been revised by Commission Decision 2014/955/EU (12), in order to adapt the LoW to scientific progress and align it with developments in chemicals legislation. As EU Decision, the LoW is binding in its entirety and addressed to the Member States and does not require transposition. Some Member States published guidance documents reflecting the LoW to help businesses and authorities implementing the LoW within the Member State, especially in cases when Member States make use of Article 7 (2) or (3), see Box 2 above.

Classification according to the LoW firstly means that each waste is to be classified by a six digit number (see in detail Annex 1).

Full and compliant classification enables businesses and competent authorities for a decision in terms of the question whether the waste is hazardous or not (see in detail 2.3.1). In this respect, the LoW recognises three types of entries:

— ‘Absolute hazardous entries’: Wastes which are assigned to absolute hazardous entries cannot be allocated to non-hazardous entries and are hazardous without any further assessment;

— ‘Absolute non-hazardous entries’: Wastes which are assigned to absolute non-hazardous entries cannot be allocated to hazardous entries and are non-hazardous without any further assessment;

— ‘Mirror entries’, where waste from the same source might under the LoW be allocated to a hazardous entry or to a non-hazardous entry depending on the specific case and on the composition of the waste.

2.1.3. Waste Shipment Regulation (WSR)

The WSR implements into EU law the provisions of the Basel Convention and OECD Decision C(2001)107/Final. Shipments procedures depend on the type of waste, its destination and its treatment operation.

Box 4: The Waste Shipment Regulation

Regulation (EC) No 1013/2006 on shipment of waste (‘Waste Shipment Regulation’ or ‘WSR’) (13) implements into EU law the provisions of the Basel Convention and OECD Decision C(2001)107/Final. The WSR, which is directly applicable in all Member States, establishes the procedures, conditions and requirements to be fulfilled in the course of transboundary shipments of waste, including shipments between Member States. According to Articles 34 and 36 of the WSR, the export of waste for a disposal operation outside the EU/EFTA area is prohibited, as well as the export of hazardous wastes from the EU to any non-OECD Decision country.

There are two control procedures for the shipment of waste, namely:

— the general information requirements of Article 18 which is normally applicable to shipments for recovery of wastes listed in Annex III (‘green’ listed wastes) or IIIA, and

— the procedure of prior written notification and consent for any other type of shipment of wastes.

In the context of identification of waste for the purpose of correct procedure and documentation, the classification according to the lists contained in Annex III-IV of the WSR (the incorporated lists of international agreements) applies. These lists provide for a classification approach different to the one of the LoW.

However, classification according to WFD and LoW is also relevant in the context of the WSR, for instance as a criterion whether the waste may be exported for certain non-EU non-OECD countries (Article 36(1) WSR). The classification of waste in accordance with the entries listed in Annexes III-IV (i.e. Basel Convention and OECD codes) as well as the entries of the LoW (Part 2 of Annex V WSR) is to be indicated on the notification and movement document used in the framework of the notification procedure and in accordance with the instructions under point 25 of Annex IC. Likewise, the identification of waste is to be made on the Annex VII document in the case of shipments subject to the general information requirements of Article 18.

Regarding the case of shipments of waste subject to the procedure of prior written notification and consent, the codes to be used for the hazardous characteristics (H codes) and treatment operations (D and R codes) on the notification and movement documents (Annexes IA and IB) are those set out in Annexes III and IV to the Basel Convention, respectively.

2.1.4. Landfill Directive

The Landfill Directive contains rules on the management, permit conditions, closure, and after-care of landfills. The Council Decision 2003/33/EC specifies acceptance criteria for waste for the different classes of landfills as recognised by the Landfill Directive. Analyses made in the frame of WAC usually cannot be used for the classification of waste according the LoW.

Box 5: The Landfill Directive

Directive 1999/31/EC on landfill of waste (‘Landfill Directive’) (14) contains rules on the management, permit conditions, closure, and after-care of landfills. Council Decision 2003/33/EC, specifies waste acceptance criteria (‘WAC’) for acceptance of waste in the different classes of landfills as recognised by the Landfill Directive.

The classification of waste as hazardous according to LoW and Annex III to the WFD is important also for the purposes of the Landfill Directive since hazardous waste should as a general rule be disposed of at landfills for hazardous waste, and non-hazardous waste should be disposed of at landfills for non-hazardous waste or inert waste. Stable, non-reactive hazardous wastes may be disposed of at landfills for non-hazardous wastes if the conditions set out in Annex II of the Landfill Directive and the WAC are fulfilled. Appendix B to the Council Decision 2003/33/EC clearly states the role of ‘basic characterisation’ and the resulting conclusions on hazardousness, on the landfill admission of waste and illustrates this approach in its Figure 1.

However, classification of waste as hazardous or not, according to the principles of the WFD and pursuant to the LoW must not be confused with the assessment of waste in order to determine compliance with the criteria for acceptance of waste as set out by Annex II to the Landfill Directive and as laid down in Council Decision 2003/33/EC (WAC Decision).

2.1.5. Directive on waste from the extractive industries (Extractive Waste Directive)

The Extractive Waste Directive sets up the framework for proper management of wastes resulting from extractive industries. Although it is excluded from the scope of the WFD, the hazardousness of wastes from the extractive industries should be classified in line with the LoW.

Box 6: The Extractive Waste Directive

Directive 2006/21/EC on the management of waste from extractive industries (‘Extractive Waste Directive’) (15) aims at ensuring that waste from the extractive industries is managed in a way which prevents or reduce as far as possible any adverse effects on the environment and any resultant risks to human health. Although waste from extractive industries where covered by the Extractive Waste Directive is explicitly excluded from the scope of the WFD (Article 2(2) (d) WFD), classification according to LoW nevertheless is relevant: operators are under the Extractive Waste Directive to prepare a waste management plan, establishing the necessary measures to properly manage relevant waste. In accordance with the waste management plan the hazardousness of the waste from the extractive industries should be classified in line with criteria of the LoW.

2.1.6. REACH Regulation

The REACH regulation lays down the registration, evaluation, authorization and restriction of chemicals in the EU. Waste is not a substance, article or mixture within the meaning of REACH. Nevertheless, information generated in the framework of REACH may be relevant for waste classification.

Box 7: The REACH Regulation

Regulation (EC) 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (‘REACH’) (16) entered into force in 2007. REACH is the general chemicals law at EU level, applying to substances (as such, in mixtures or in articles). The purpose of REACH is to ensure a high level of protection of human health and the environment, including the promotion of alternative methods for assessment of hazards of substances, as well as the free circulation of substances on the internal market while enhancing competitiveness and innovation. REACH defines and operates a number of processes with the overarching aim of ensuring the safe use of chemicals:

— registration of substances (requires the submission of information on the properties and uses of substances, subject to certain conditions, to the European Chemicals Agency ECHA);

— improved communication in the supply chain by means of extended Safety Data Sheets (eSDS);

— evaluation of substances by public authorities with the aim of providing certainty as regards the proper functioning of the registration process and to further clarify concern regarding certain substances;

— restriction of use of substances for which an unacceptable risk has been determined;

— authorisation — applicable to certain substances of very high concern (SVHC) which can only be placed on the market and used subject to the granting of a specific and time-limited authorisation, subject to certain conditions.

It is important to note that according Article 2(2) of the REACH Regulation waste (as defined by the WFD) is not considered a substance or a mixture or an article under REACH; no direct obligations apply under REACH for producers or holders of waste (although the waste stage has to be considered in the chemical safety report to be presented as part of the registration dossier for substances manufactured or imported in the EU in quantities above 10 t/y).

However, information about chemical substances generated and communicated in the framework of REACH, particularly hazard information, and its subsequent use in classification according to CLP, is essential (see Annex 2) for the classification of waste.

Note that test methods to be used for the purpose of REACH Regulation are indicated in Regulation (EC) 440/2008 (‘Test Methods Regulation’). Some test methods laid down in this regulation, or adaptations thereof, may be applied in the framework of waste classification.

2.1.7. Classification Labelling Packaging (CLP) Regulation

The CLP Regulation sets out criteria for the hazard classification of substances and mixtures. Waste is not considered as a substance, mixture or article under CLP. However, the hazardous properties applicable for waste are related to CLP criteria. Further, classification of substances under CLP may also be relevant for waste classification.

Box 8: The CLP Regulation

Regulation (EC) 1272/2008 on classification, labelling and packaging of substances and mixtures (‘CLP Regulation’) (17) adapts for the EU the UN international chemicals classification system (Globally Harmonised System — GHS). In this context, it sets out detailed criteria for assessing substances and determining their hazard classification.

Similarly to REACH, Article 1(3) of the CLP Regulation lays down that waste is not considered a substance, mixture or article; consequently, obligations under CLP do not apply for producers or holders of waste.

Although Annex III to the WFD is based on the CLP Regulation, it does not contain a full ‘one to one’ transposition of the criteria as laid down in CLP. Instead, in terms of the classification of waste, it should be noted that some of the HP criteria of Annex III to the WFD directly make reference to CLP hazard classes and categories and to hazard statements and associated criteria for classification. Many mirror entries specifically refer to ‘hazardous substances’. The classification of substances is done according CLP whereas the presence of hazardous substances contained in waste has to be evaluated in line with Annex III to the WFD (see in detail 2.3.2 and Annex 3). Further, Table 3.1 of Part 3 of Annex VI to the CLP Regulation provides a set of official harmonised classifications of substances. Where such harmonised classification is available, it has to be used in the classification of waste (see for this particular aspect Annex 2, Section 2.1.1).

2.1.8. Persistent Organic Pollutants (POP) Regulation

The POP regulation aims to protect environment and human health from persistent organic pollutants (POPs). Waste containing certain POPs as indicated in the Annex to the LoW (point 2, indent 3) above the relevant threshold of the POP regulation have to be classified as hazardous.

Box 9: The POP Regulation

Regulation (EC) 850/2004 on persistent organic pollutants (POP Regulation) (18) has amongst its aims that of protecting the environment and human health from certain specified substances that are transported across international boundaries far from their sources, persist in the environment, and can bioaccumulate in living organisms, by implementing relevant international agreements. The Regulation's scope is restricted to the substances listed in the Annexes of the Regulation.

Following Article 7 of the POP Regulation, wastes consisting of POPs, containing or contaminated with them above specific limit values (concentration limit referred to in Article 7(4)(a) — the so called ‘low POP-content limit value’) (19), must be disposed of or recovered, without undue delay and in accordance with the provisions laid down in the POP Regulation in such a way as to ensure that the persistent organic pollutant content is destroyed or irreversibly transformed so that the remaining waste and releases do not exhibit the characteristics of persistent organic pollutants. Disposal or recovery operations that may lead to recovery, recycling, reclamation or re-use of the POPs are prohibited.

The classification of mirror entries, as amended by Commission Decision 2014/955/EU, must take into consideration the existence of certain POPs. Waste containing certain POPs (as indicated in the Annex to the LoW (point 2, indent 3) (20)), above the relevant thresholds of POPs Regulation, are considered hazardous without further consideration (see example in Annex 1, Section 1.4.10).

Note that:

— The presence of POPs listed in the Annexes of the POP Regulation other than those specifically mentioned in the Annex to the LoW (point 2, indent 3), even in concentrations exceeding the limit values established in Annex IV to the POP Regulation, does not automatically lead to a classification of a waste as hazardous. Classification would depend on the hazard classification of the substance and has to be assessed applying the general rules of Annex III to the WFD applicable to HP1 to HP15;

— This impact on classification is irrespective and independent from all obligations set out for the producers and holders of POPs waste according to POP Regulation.

2.1.9. Seveso III Directive

The Seveso III Directive aims to prevent major accidents involving dangerous substances and a limitation of their consequences for the environment and human health. It also applies to waste. Operators handling dangerous substances present in waste above certain thresholds must classify waste on the basis of its properties as a mixture. Relevant sources of information may include classification according to EU waste legislation.

Box 10: The Seveso III Directive

Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances (‘Seveso III Directive’) (21) has as main objective the prevention of major accidents which involve dangerous substances, and the limitation of their consequences for human health and the environment, with the goal of ensuring a high level of protection throughout the Union in a consistent and effective manner.

Operators handling dangerous substances above certain thresholds are obliged to take all necessary measures to prevent major accidents and to limit their consequences. The requirements include providing information to the public likely to be affected by an accident, providing safety reports, establishing a safety management system and an internal emergency plans. Member States must, amongst others, ensure that emergency plans are in place for the surrounding areas and that mitigation actions are planned.

The Seveso III Directive also applies to waste but waste landfill sites including underground waste storage are excluded from the scope of the Seveso III Directive. Note 5 to Annex I of the Seveso III Directive makes reference to CLP Regulation (EC) No 1272/2008 and mentions waste explicitly:

‘In the case of dangerous substances which are not covered by Regulation (EC) No 1272/2008, including waste, but which nevertheless are present, or are likely to be present, in an establishment and which possess or are likely to possess, under the conditions found at the establishment, equivalent properties in terms of major-accident potential, these shall be provisionally assigned to the most analogous category or named dangerous substance falling within the scope of this Directive.’

3. PROCEDURES FOR THE CLASSIFICATION OF WASTE

3.1. General approach to the classification of waste

The assessment and classification of waste is applied to each distinct waste stream generated by a producer, following the obtainment of a representative sample. Where more than one waste type is present, each would need to be assessed separately. This ensures that any items or batches of hazardous waste:

— are not erroneously classified as non-hazardous by mixing (diluting) it with other wastes (see Article 7 (4) of the WFD);

— are identified in time to prevent being mixed with other wastes, e.g. in a bin, bag, stockpile or skip (see Article 18 of the WFD).

Only mixed municipal waste from domestic households is exempt from these requirements.

The following chapter and flowchart (cf. Figure 2) guide through the general approach for classification of waste. The flowchart indicates a reference to:

— the relevant chapter of this document, where the classification step is generally explained and;

— the respective relevant Annex to this document, where detailed information is provided.

Having completed the first two steps described below it should be known whether:

— the substance or object in question is subject to the WFD and LoW and;

— either an ‘absolute’ (hazardous or non-hazardous) LoW entry applies or a ‘mirror entry’ applies and thus performing a further assessment is necessary.

3.1.1. Step 1: Is the WFD applicable?

Before a waste can be classified, it should be checked whether WFD is applicable at all:

— first, it has to be ascertained whether the substance or object in question is waste (as defined in the WFD). Determining whether the object or substance in question is considered waste in the sense of the WFD is a precondition for a further assessment regarding its hazardousness. For this particular assessment, the WFD Guidance provides guidance on the key definition of ‘discarding’ under the WFD, and related concepts under the WFD such as ‘by-product’ and ‘end-of-waste’.

— second, it has to be checked whether certain specified waste streams are excluded from the scope of the WFD. Even if the substance or object is considered waste, it has to be assessed whether one of the exclusions from the scope laid down in Article 2 WFD applies. The text of Article 2 WFD is provided in the box below. Detailed guidance on selected exclusions is provided for in the WFD Guidance. In case an assessment leads to the result that an exclusion applies, neither the WFD nor the LoW apply (a special case is the Extractive Waste Directive as described in chapter 2.1.5; which is outside the scope of the WFD, yet under the circumstances mentioned in that Directive, waste has to be classified in line with the LoW). All waste streams not explicitly excluded by the WFD are to be classified according to WFD and LoW, and thus according to the approach outlined in this technical guidance note. This includes cases where additional legislation exists for a particular waste stream (such as for waste electrical and electronic equipment (WEEE) in the case of the WEEE Directive 2012/19/EU (22) or for waste batteries in the case of the Batteries Directive 2006/66/EC (23)), as mentioned in Article 2(4) WFD.

Directive 2008/98/EC Article 2 — Exclusions from the scope 1. The following shall be excluded from the scope of this Directive: a. gaseous effluents emitted into the atmosphere; b. land (in situ) including unexcavated contaminated soil and buildings permanently connected with land; c. uncontaminated soil and other naturally occurring material excavated in the course of construction activities where it is certain that the material will be used for the purposes of construction in its natural state on the site from which it was excavated; d. radioactive waste; e. decommissioned explosives; f. faecal matter, if not covered by paragraph 2(b), straw and other natural non-hazardous agricultural or forestry material used in farming, forestry or for the production of energy from such biomass through processes or methods which do not harm the environment or endanger human health. 2. The following shall be excluded from the scope of this Directive to the extent that they are covered by other Community legislation: a. waste waters; b. animal by-products including processed products covered by Regulation (EC) No 1774/2002, except those which are destined for incineration, landfilling or use in a biogas or composting plant; c. carcasses of animals that have died other than by being slaughtered, including animals killed to eradicate epizootic diseases, and that are disposed of in accordance with Regulation (EC) No 1774/2002; d. waste resulting from prospecting, extraction, treatment and storage of mineral resources and the working of quarries covered by Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries. 3. Without prejudice to obligations under other relevant Community legislation, sediments relocated inside surface waters for the purpose of managing waters and waterways or of preventing floods or mitigating the effects of floods and droughts or land reclamation shall be excluded from the scope of this Directive if it is proved that the sediments are non-hazardous. 4. Specific rules for particular instances, or supplementing those of this Directive, on the management of particular categories of waste, may be laid down by means of individual Directives.

Box 11: WFD Article 2 — Exclusions from the scope

3.1.2. Step 2: Which entry of the List of Waste is applicable?

The LoW contains 20 chapters (two digit codes), further divided into sub-chapters (four digit codes) and entries (six digit codes).

The assignment of a specific entry is made by following the procedure for use of the list of waste. This procedure creates an order of precedence for chapters. An annotated version of the LoW and the procedure for using it can be found in Annex 1.

Any waste which can be identified by an entry marked with an asterisk (*) should be considered as hazardous. Wastes defined by all other entries are considered non-hazardous. To complete Step 2 and identify the applicable entry or entries of the LoW,

— the appropriate entry or entries of the LoW need to be assessed for the waste in question, taking into account that specific entries at Member States level may have been introduced in the national legislation on the basis of Article 7 (2) or (3) of the WFD;

— subsequently, it needs to be assessed to which of the following entry types the waste under consideration needs to be assigned: — Absolute hazardous (AH) entry (marked with an asterisk (*)) Wastes which are assigned to AH entries cannot be allocated to non-hazardous entries and are hazardous without any further assessment. In case an AH entry is assigned, the waste will be classified as hazardous and no further assessment is needed in order to decide whether the waste has to be classified as hazardous. However, it will still be necessary to proceed with steps 3-5 (see chapter 3.2) in order to determine which hazardous properties are displayed by the waste in question as this information may be required for the fulfilment of the provisions laid down in Article 19 of the WFD on correct labelling of hazardous waste (e.g. for filling a consignment note for waste movements). Please see Box 1 in Annex 1, Section 1.1 for information on AH entries displaying no hazardous properties. — Absolute non-hazardous (ANH) entry Wastes which are assigned to ANH entries cannot be allocated to hazardous entries and should be classified as non-hazardous without any further assessment. In case an ANH entry is assigned, the waste will be classified as non-hazardous and no further assessment is needed in order to decide whether the waste has to be classified as non-hazardous. Please see Box 1 in Annex 1, Section 1.1 for information on ANH entries displaying hazardous properties. — Mirror entry Mirror entries can be defined as two or more related entries where one is hazardous and the other is not. In contrast to AH or ANH entries, if waste is to be allocated to a group of alternative entries, further steps in the assessment for allocation have to be undertaken. The alternative entries consist at least of the following entries: — Mirror hazardous (MH) entry (marked with an asterisk (*)) — Mirror non-hazardous (MNH) entry In case there is the choice to assign a MH entry or a MNH entry, it is necessary to proceed with steps 3-5 (see chapter 3.2) of the classification process in order to determine, based on the results of these investigations, whether to assign the MH entry or the MNH entry.

Further information on the assignment of ANH, AH, MH and MNH is given in Annex 1, Section 1.

3.2. Assignment of MH or MNH entry

The following chapters should be used when choosing an appropriate mirror entry. Additionally, they can also be used to determine the hazardous properties of a waste associated with an AH entry, as this information may be required for the fulfilment of the provisions laid down in Article 19 of the WFD on correct labelling of hazardous waste (e.g. for filling a consignment note for waste movements).

Having completed steps 3-5, it should be finally known whether the waste under consideration contains hazardous components and displays one or more hazardous properties (HP1 to HP15), and/or whether it contains any relevant POPs. Hence it can be decided whether the waste is hazardous or non-hazardous. The following flowchart displays the necessary steps and refers to the following chapters (and respective Annexes for further details).

3.2.1. Step 3: Is sufficient knowledge on the composition of the waste available to determine if it displays hazardous properties either by calculating or testing in line with Step 4?

Obtaining sufficient information about the presence and content of hazardous substances in the waste, in order to be able to determine if the waste might display any of the hazardous properties HP1 to HP15, is an important step in waste classification. Certain information on the composition of the waste is required, independent from the chosen method of assessing the hazardous properties (calculation or testing) as it is described in Step 4. There are several ways to gather information on the relevant composition of the waste, the hazardous substances present and potential hazardous properties displayed:

— information on the ‘waste-generating’ manufacturing process/chemistry and its input substances and intermediates including expert judgments (useful sources may be BREF reports, industrial process handbooks, process descriptions and lists of input materials provided by the producer, etc.);

— information from the original producer of the substance or object before it became waste, e.g. Safety Data Sheets (SDS), product label or product fiches (see in more detail Annex 2);

— databases on waste analyses available on MS level;

— sampling and chemical analysis of the waste (see Annex 4).

Once information has been gathered on the composition of the waste, it becomes possible to assess if the identified substances are classified as hazardous, i.e. if they are assigned a hazard statement code (see Box 12). In order to determine if the contained substances are classified as hazardous and to learn more about the specific hazard classes and categories the substances may be attributed according the CLP Regulation, please refer to the guidance given in Annex 2.

Hazard statement codes Whether substances identified as constituents of the relevant waste are considered hazardous substances, needs to be assessed in line with CLP criteria. For useful information tools in this context, consult Annex 2 of this document. Note that according to CLP Regulation, ‘hazard statements’ are introduced defined as follows: ‘hazard statement’ means a phrase assigned to a hazard class and category that describes the nature of the hazards of a hazardous substance or mixture, including, where appropriate, the degree of hazard; An example for a hazard statement code and assigned hazard class and category from Table 3.1 of Part 3 of Annex VI to the CLP Regulation is: Hazard statement: Description: Hazard class and category: H330 Fatal if inhaled Acute Tox. 2 Thereby the first digit after the ‘H’ represents the categorisation of the hazard (2 — physical hazards, 3 — health hazards, 4 — environmental hazards), the second and third digit are consecutive numbers clustering hazard codes. Information on hazard statement codes assigned to substances can be found in Annex 2.

Box 12: Remark on CLP criteria: Hazard Statement Codes

Please note that if direct testing of hazardous properties (as it is typically conducted for the physical hazardous properties, see Step 4) is considered, chemical analysis of the waste under consideration may not be necessary. Instead the other information sources as mentioned above may already indicate whether a targeted direct testing of certain hazardous properties could be reasonably performed.

If sampling and chemical analysis of the waste under consideration are considered in order to determine its chemical composition (e.g. in order to carry out the calculation approach in the assessment of hazardous properties as described in Step 4), please refer to Annex 4.

Those classifying the waste are expected to take all reasonable steps to determine the composition and hazardous properties of the waste before reaching this point.

Finally, if the gathered information on the composition of the waste (taking into consideration all above displayed options) does not allow concluding on or assessing the hazardous properties displayed by the waste, neither by calculation nor by testing of the waste in line with the following step 4, then the operator should consider classifying the waste as hazardous (if necessary after consultation with the competent authority).

It should be noted that although direct testing methods are available for some hazardous properties as described in Step 4, they are not available for all hazardous properties. As a consequence, direct testing cannot be used to fully classify a waste of unknown composition as non-hazardous.

3.2.2. Step 4: Does the waste display any of the hazardous properties HP1 to HP15?

As indicated in Chapter 2.1.1 and further described in Annex 3 of this document, Annex III to the WFD describes 15 properties (HP1 to HP15) of waste which render it hazardous. Table 1 provides an overview on the aforementioned hazardous properties.

Table 1

Properties of waste which render it hazardous (description taken from WFD, Annex III)

Hazardous Properties HP1 Explosive HP2 Oxidising HP3 Flammable HP4 Irritant — skin irritation and eye damage HP5 Specific Target Organ Toxicity (STOT)/Aspiration Toxicity HP6 Acute Toxicity HP7 Carcinogenic HP8 Corrosive HP9 Infectious HP10 Toxic for reproduction HP11 Mutagenic HP12 Release of an acute toxic gas HP13 Sensitising HP14 Ecotoxic HP15 Waste capable of exhibiting a hazardous property listed above not directly displayed by the original waste

As soon as step 3 is completed, sufficient information on the relevant composition of the waste under consideration should be available. This means sufficient knowledge of the hazardous substances contained in the waste and how they are classified (e.g. if they are attributed any relevant hazard statement codes according the CLP Regulation) should be available to the extent, that at least one of the following methods to determine if the waste displays hazardous properties, can be applied:

— Calculation if threshold limits based on hazard statement codes (individually depending on the properties HP4 to HP14, see Annex 3) are equalled or exceeded by the substances that are present in the waste under consideration;

— Testing if the waste displays hazardous properties or not.

Annex 3 provides a detailed description and guidelines on how to assess the individual hazardous properties HP1 to HP15 via calculation or testing.

Regarding the calculation method, it should be noted that hazardous substance content values in waste as they have been determined, e.g. by sampling and chemical analysis of the waste under consideration, have to be compared against the concentration limits listed in Annex III of the WFD. These concentration limits refer to the state of the waste as it is when the classification of the waste is undertaken, i.e. the fresh weight of the waste. However, many analytical methods specify results on a dry weight basis. As a consequence, analytical values expressed on the basis of dry matter have to be corrected for the moisture content of the waste in order to determine the concentration of the substance in the original waste, as it will be subsequently managed. Waste classifiers should be aware that the laboratories often express results based on dry weight and should therefore be attentive to ensure that they are aware on what basis the analytical results are provided. Classification of waste has to be carried out on the basis of wet weights (either as originally tested or converted from the dry weight figures). Additionally, it should be noted explicitly that Article 7 (4) of the WFD does not allow a dilution or mixing of the waste to lower the initial concentrations of hazardous substances.

Please further note that the concentration limits defined in Annex III to the WFD do not apply to pure metal alloys in their massive form as long as they are not contaminated with hazardous substances. Further information on the classification of metal alloys can be found in Annex 1, Section 1.4.6

Additional guidance regarding sampling and chemical analyses of waste in order to make use of the calculation method can be found in Annex 4.

Direct testing to determine whether a specific hazard property is displayed may be appropriate in some cases, for some hazard properties (e.g. the physical properties such as HP 1 ‘Explosive’, HP 2 ‘Oxidising’ and HP 3 ‘Flammable’).

According to the Annex to the LoW,

‘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.’

Finally, if the waste displays one or more of the 15 hazardous properties, the corresponding MH entry has to be assigned. Whereas, if the waste displays no hazardous property, step 5 has to be undertaken to check whether the waste contains specific POPs above the respective limit values. This is the final step before the waste under consideration can be assigned to the MH or MNH entry.

3.2.3. Step 5: Is it likely or known that the waste contains any of the POPs indicated in in the Annex to the LoW (point 2, indent 3)?

The last step in the classification of waste as hazardous or non-hazardous is to determine whether the waste contains any of the POPs indicated in in the Annex to the LoW (point 2, indent 3)., more specifically whether its content of specific POPs exceeds the relevant limit values of the POP Regulation. A detailed overview, including a list of POPs to be considered and the respective concentration limits, is provided in Annex 1, Section 1.4.10.

In case the waste does not contain relevant POPs or its POP content is below the concentration limits, the MNH entry is assigned. Otherwise the MH entry is assigned.

(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 on the list of waste pursuant to Directive 2008/98/EC of the European Parliament and of the Council (OJ L 226, 6.9.2000, p. 3).

(3) A one month stakeholder consultation took place in June 2015, see http://ec.europa.eu/environment/waste/hazardous_index.htm. A stakeholder workshop was held in Brussels on 30 June 2015.

(4) 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),

(5) Commission Decision 2000/532/EC on the list of waste pursuant to Directive 2008/98/EC of the European Parliament and of the Council (OJ L 226, 6.9.2000, p. 3).

(6) European Commission — Directorate-General Environment (2013): Guidance on the interpretation of key provisions of Directive 2008/98/EC on waste, see http://ec.europa.eu/environment/waste/framework/pdf/guidance_doc.pdf.

(7) Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1).

(8) Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).

(9) 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).

(10) Council Regulation (EU) 2017/997 of 8 June 2017 amending Annex III to Directive 2008/98/EC of the European Parliament and of the Council as regards hazardous property HP 14 ‘Ecotoxic’ (OJ L 150, 14.6.2017, p. 1).

(11) Commission Decision 2000/532/EC on the list of waste pursuant to Directive 2008/98/EC of the European Parliament and of the Council (OJ L 226, 6.9.2000, p. 3).

(12) Commission Decision 2014/955/EU 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 (OJ L 370, 30.12.2014, p. 44).

(13) Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, 12.7.2006, p. 1).

(14) Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1).

(15) Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC — Statement by the European Parliament, the Council and the Commission (OJ L 102, 11.4.2006, p. 15).

(16) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

(17) 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).

(18) 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).

(19) It should be mentioned that some EU Member States apply more stringent limit values for specific POPs.

(20) The POPs listed in the LoW are the so called ‘old POPs’. Thus only wastes containing ‘old POPs’ in concentrations which exceed the low POP content limit value shall be classified as hazardous.

(21) Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (OJ L 197, 24.7.2012, p. 1).

(22) Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (OJ L 197, 24.7.2012, p. 38).

(23) Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (OJ L 266, 26.9.2006, p. 1).

ANNEXES to the Commission notice on technical guidance on the classification of waste TABLE OF CONTENTS ANNEX 1: Annotated List of Waste 21 1.1. Structure of the LoW 21 1.2. Identifying the appropriate entry 24 1.2.1. Annotated List of Waste 27 1.3. Examples of the classification of complex entries 62 1.3.1. Packaging waste and contents 62 1.3.2. Waste from electrical and electronic equipment (WEEE) 64 1.3.3. End-of-life vehicles (ELV) 66 1.4. Examples for the assessment of specific constituents of specific waste types 67 1.4.1. Organic constituents and specific chemical compounds 67 1.4.2. Substances that deplete the ozone layer 69 1.4.3. Asbestos 71 1.4.4. Wastes containing CaO and Ca(OH) 2 72 1.4.5. Wastes containing coal tar and bitumen 74 1.4.6. Metals and alloys 75 1.4.7. Organic peroxides 76 1.4.8. Rubber wastes 77 1.4.9. Plastic wastes 78 1.4.10. POP wastes 80 ANNEX 2: Data sources and information basis on hazardous substances 83 2.1 Classification of substances as hazardous according to the CLP Regulation 83 2.1.1 Harmonised classification of substances 83 2.1.2 Self-classifications 84 2.1.3 The C&L Inventory as research tool 84 2.2 Information on composition, properties and waste management of substances/ mixtures becoming waste 85 2.3 Other information sources 86 ANNEX 3: Specific approaches to determine hazard properties (HP 1 to HP 15) 87 3.1. Determining HP 1: Explosive 87 3.2. Determining HP 2: Oxidising 88 3.3. Determining HP 3: Flammable 91 3.4. Determining HP 4: Irritant — skin irritation and eye damage 96 3.5. Determining HP 5: Specific Target Organ Toxicity (STOT) / Aspiration Toxicity 99 3.6. Determining HP 6: Acute Toxicity 102 3.7. Determining HP 7: Carcinogenic 105 3.8. Determining HP 8: Corrosive 106 3.9. Determining HP 9: Infectious 108 3.10. Determining HP 10: Toxic for reproduction 111 3.11. Determining HP 11: Mutagenic 113 3.12. Determining HP 12: Release of an acute toxic gas 114 3.13. Determining HP 13: Sensitising 118 3.14. Determining HP 14: Ecotoxic 119 3.15. Determining HP 15: Waste capable of exhibiting a hazardous property listed above not directly displayed by the original waste 122 ANNEX 4: Sampling and chemical analysis of waste 124 4.1. Sampling 124 4.1.1. Sampling framework 124 4.1.2. Sampling methodology 126 4.1.3. Sampling standards for different waste types 128 4.1.4. Sampling strategies to deal with homogeneity/heterogeneity 128 4.1.5. Statistical approach of sampling 128 4.2. Chemical analysis of waste 129 4.2.1. Realistic worst case substances 131 4.2.2. Generic entries 132 ANNEX 5: Sources and external references 134

ANNEX 1 Annotated List of Waste 1.1. Structure of the LoW The LoW, in the version as established by Decision 2000/532/EC and as amended by Decision 2014/955/EU, applies from 1 June 2015. The LoW contains 20 chapters (two digit codes, cf. Table 1 below). These chapters are further divided into sub-chapters (four digit codes) and entries (six digit codes). Examples for chapter, sub-chapters and entries are provided below: Chapter : 20 MUNICIPAL WASTES (HOUSEHOLD WASTE AND SIMILAR COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL WASTES) INCLUDING SEPARATELY COLLECTED FRACTIONS Sub-chapter : 20 01 Separately collected fractions (except 15 01) Entry : 20 01 02 Glass When classifying a waste you first need to ensure the waste falls within the scope of the chapter title. If it does, you then check it if falls within the scope of the subchapter title. Only then can you look within for an appropriate code. For the aforementioned example of waste classified with entry 20 01 02 this means that the waste: — must stem from households or household-like commercial, industrial or institutional waste (to fall under chapter 20); — must be collected separately (to fall under sub-chapter 20 01); and — must consist of glass; — but must not be glass packaging because packaging waste is excluded from sub-chapter 20 01 by its title and has to be assigned with an entry of chapter 15 for packaging waste. Order of precedence for LoW chapters as laid down in the LoW The chapters (two digit codes) can be categorized into three different sets that need to be considered, following a predetermined sequence as laid down in the Annex to the LoW, when trying to identify the absolute entry or mirror entry which best corresponds to a waste under investigation: A. 01 to 12 and 17 to 20 chapters related to waste source B. 13 to 15 chapters related to waste type C. 16 chapter for waste not otherwise specified in the list First, it is important to consider the chapters 01 to 12 and 17 to 20 (excluding their general entries ending with 99) which identify a waste by referring to its source or industrial sector of origin. Instead of considering the general type of industry where the waste arises, one should rather consider the specific industrial process. One example is waste from the automotive industry: depending on the process, waste can be classified in chapter 12 (wastes from shaping and physical and mechanical surface treatment of metals and plastic), chapter 11 (wastes from chemical surface treatment and coating of metals and other materials; non-ferrous hydro-metallurgy) or 08 (wastes from the manufacture, formulation, supply and use (MFSU) of coatings (paints, varnishes and vitreous enamels), adhesives, sealants and printing inks). The 99 code from these chapters must not be used at this stage. If no appropriate waste code can be found in chapters 01 to 12 or 17 to 20, the next chapters to be checked, according to the defined order of precedence are chapters 13 to 15 (excluding their general entries ending with 99). These chapters are related to the nature of the waste itself, e.g. waste packaging. If none of these waste codes apply, the waste must be identified according to chapter 16 (excluding its general entries ending with 99) which represents a miscellaneous set of waste streams which cannot be otherwise specifically related to a given processes or sector, e.g. WEEE or end-of life vehicles. If the waste cannot be reasonably allocated to any of the entries in chapter 16 either, a suitable 99 code (wastes not otherwise specified) must be found in the section of the list corresponding to the waste source identified in the first step. Identifying the most appropriate entry is an important step in the classification of waste and requires a sound and honest judgement by the operator, based on his knowledge of the origin and process generating the waste, as well as its potential composition. Annex 1.2 provides more detailed information on how to apply the list and its pre-defined order of precedence and summarizes the information already provided in a flow chart (see Figure 1). Table 1 Chapters LoW CODE CHAPTER DESCRIPTION PRECEDENCE 01 WASTES RESULTING FROM EXPLORATION, MINING, QUARRYING, PHYSICAL AND CHEMICAL TREATMENT OF MINERALS A 02 WASTES FROM AGRICULTURE, HORTICULTURE, AQUACULTURE, FORESTRY, HUNTING AND FISHING, FOOD PREPARATION AND PROCESSING 03 WASTES FROM WOOD PROCESSING AND THE PRODUCTION OF PANELS AND FURNITURE, PULP, PAPER AND CARDBOARD 04 WASTES FROM THE LEATHER, FUR AND TEXTILE INDUSTRIES 05 WASTES FROM PETROLEUM REFINING, NATURAL GAS PURIFICATION AND PYROLYTIC TREATMENT OF COAL 06 WASTES FROM INORGANIC CHEMICAL PROCESSES 07 WASTES FROM ORGANIC CHEMICAL PROCESSES 08 WASTES FROM THE MANUFACTURE, FORMULATION, SUPPLY AND USE (MFSU) OF COATINGS (PAINTS, VARNISHES AND VITREOUS ENAMELS), ADHESIVES, SEALANTS AND PRINTING INKS 09 WASTES FROM THE PHOTOGRAPHIC INDUSTRY 10 WASTES FROM THERMAL PROCESSES 11 WASTES FROM CHEMICAL SURFACE TREATMENT AND COATING OF METALS AND OTHER MATERIALS; NON-FERROUS HYDRO-METALLURGY 12 WASTES FROM SHAPING AND PHYSICAL AND MECHANICAL SURFACE TREATMENT OF METALS AND PLASTICS 13 OIL WASTES AND WASTES OF LIQUID FUELS (EXCEPT EDIBLE OILS, 05 AND 12) B 14 WASTE ORGANIC SOLVENTS, REFRIGERANTS AND PROPELLANTS (EXCEPT 07 AND 08) 15 WASTE PACKAGING; ABSORBENTS, WIPING CLOTHS, FILTER MATERIALS AND PROTECTIVE CLOTHING NOT OTHERWISE SPECIFIED 16 WASTES NOT OTHERWISE SPECIFIED IN THE LIST C 17 CONSTRUCTION AND DEMOLITION WASTES (INCLUDING EXCAVATED SOIL FROM CONTAMINATED SITES) A 18 WASTES FROM HUMAN OR ANIMAL HEALTH CARE AND/OR RELATED RESEARCH (EXCEPT KITCHEN AND RESTAURANT WASTES NOT ARISING FROM IMMEDIATE HEALTH CARE) 19 WASTES FROM WASTE MANAGEMENT FACILITIES, OFF-SITE WASTE WATER TREATMENT PLANTS AND THE PREPARATION OF WATER INTENDED FOR HUMAN CONSUMPTION AND WATER FOR INDUSTRIAL USE 20 MUNICIPAL WASTES (HOUSEHOLD WASTE AND SIMILAR COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL WASTES) INCLUDING SEPARATELY COLLECTED FRACTIONS Types of LoW entries Any entry marked with an asterisk (*) is considered as hazardous waste. As already indicated in Chapter 3.1.2, the overall 842 entries of the LoW can be divided into absolute hazardous (AH), absolute non-hazardous (ANH), mirror hazardous (MH) and mirror non-hazardous (MNH) entries (cf. Table 2). Thereby each waste is either hazardous or non-hazardous. Table 2 Number of entries in the LoW 842 entries in the List of Waste 408 Hazardous entries 434 Non-hazardous entries 230 AH 178 MH 188 MNH 246 ANH — Absolute hazardous (AH) entry Wastes which are assigned to AH entries cannot be allocated to alternative non-hazardous entries and are hazardous without any further assessment. AH entries are marked in dark red colour in the Annotated List of Waste (cf. Table 3 in Section 1.2.1 of this Annex). In case an AH entry is assigned, the waste will be classified as hazardous and no further assessment is needed in order to decide whether the waste has to be classified as hazardous. However, it will still be necessary to proceed with steps 3-4 (see Chapter 3.2) in order to determine which hazardous properties are displayed by the waste in question as this information may be required for the fulfilment of the provisions laid down in Article 19 of the WFD on correct labelling of hazardous waste (e.g. for filling a consignment note for waste movements). — Absolute non-hazardous (ANH) entry Wastes which are assigned to ANH entries cannot be allocated to alternative hazardous entries and are classified as non-hazardous without any further assessment. ANH entries are marked in black colour in the Annotated List of Waste (cf. Table 3 in Section 1.2.1 of this Annex). In case an ANH entry is assigned, the waste will be classified as non-hazardous and no further assessment is needed in order to decide whether the waste has to be classified as non-hazardous. — Mirror entry Mirror entries can be defined as two or more related entries where one is hazardous and the other is not. Sometimes a member of a mirror entry can correspond to several possible related alternative entries. In contrast to AH or ANH entries, if waste is to be allocated to a group of alternative entries, further steps in the assessment for allocation have to be undertaken. The alternative entries consist at least of the following entries: — Mirror hazardous (MH) entry MH entries are marked in orange colour in the Annotated List of Waste (cf. Table 3 in Section 1.2.1). — Mirror non-hazardous (MNH) entry MNH entries are marked in dark blue colour in the Annotated List of Waste (cf. Table 3 in Section 1.2.1). Mirror entries can be divided into the following sub-categories: — The decision between alternative MH and MNH entry is determined by a general reference to hazardous substances, e.g.: 10 12 09* solid wastes from gas treatment containing hazardous substances MH 10 12 10 solid wastes from gas treatment other than those mentioned in 10 12 09 MNH — The decision between alternative MH and MNH entry is determined by a specific reference to particular hazardous substances, e.g.: 16 01 11* brake pads containing asbestos MH 16 01 12 brake pads other than those mentioned in 16 01 11 MNH — For entries with references to multiple entries, the assignment of an entry may depend on the origin or certain properties of the waste in question as well as its potentially contained hazardous substances, e.g.: 17 06 01* insulation materials containing asbestos MH 17 06 03* insulation materials consisting of or containing hazardous substances MH 17 06 04 Insulation materials other than those mentioned in 17 06 01 and 17 06 03 MNH Often, but not necessarily, corresponding mirror entries can be recognized via the referencing words ‘other than those mentioned in…’ between MH and MNH entries. In case there is the choice to assign a MH entry or a MNH entry, it is necessary to proceed with steps 3-5 (cf. Chapter 3.2) of the classification process in order to determine the presence and content of hazardous substances in relevant concentrations, or to determine if the waste directly displays hazardous properties, so as to adequately assign the MH entry or the MNH entry to the waste stream under consideration. Absolute non-hazardous entry displaying hazardous properties Please note that a waste assigned with an ANH entry is classified as non-hazardous, without any further assessment of its hazardous properties. The only exception to this principle is described in Article 7 (2) of the WFD, whereby if the competent authority of the MS concerned considers that, based on adequate evidence, a given waste to which a ANH code is attributed, is in reality to be classified as hazardous, the waste in question will be classified as hazardous. This should be communicated to the Commission with a view to possible future amendments of the LoW. Absolute hazardous entry displaying no hazardous properties In case only an AH entry can be assigned to the waste in question, the waste is classified as hazardous, The only exception to this principle is if the relevant MS considers the waste in question as non-hazardous, based on the submission of adequate evidence to the contrary, in line with Article 7(3) of the WFD. This should be communicated to the Commission with a view to possible future amendments of the LoW. Determination between mirror entries — Assessment of hazardous properties The steps as described in Chapter 3.2 are only necessary in case the waste in question is to be assigned to a MH entry or a MNH entry or if the hazardous properties of a waste assigned with an AH entry need to be assessed, e.g. for filling a consignment note. Box 1: Assessment of hazardous properties: ANH, AH, mirror entries 1.2. Identifying the appropriate entry To classify a waste it is essential that all possible efforts are made to identify: — its source (the specific process or activity that produced it); — its type (or types, if mixed). Once you have this information you need to consider the entire list of waste, and follow the instructions set out below. Selecting the most appropriate entry for the waste from the overall available 842 entries on the LoW is a complex exercise. First, the whole list must be considered entirely and the waste must fit to the finally selected entry, sub-chapter and chapter as described in the example for entry 20 01 02 in the previous chapter. The design of the list means that you may identify more than one entry; hence you will have to further use the assessment steps in Chapter 3.2 to select the most appropriate entry. Chapter and sub-chapter titles limit the scope of sub-chapters and entries within, and may also include specific exclusions. It is important that these titles are checked, before selecting entries. A flow chart (Annex 1, Figure 1) is provided to guide you through this process, and should be used in conjunction with the instructions. This is a stepwise process that may require several iterations. Step A1: The first step is to: — Compare the specific process or activity that produced the waste to the titles of chapters 01 to 12 and 17 to 20. If the process or activity falls within the scope of one or more chapter titles, then look at the sub-chapter titles within. — If the process or activity fits within the scope of a chapter and subchapter title, then you look in that sub-chapter for an entry that clearly fits the specific type of waste. — At this stage, the general entry XX XX 99 should not be used. — If you cannot find a suitable entry (or entries) proceed to step A2. Specific process or activity The process or activity is not the general industry or business type. A business may need to classify each its activities or process stages in different chapters. For example, a car manufacturing process may find certain wastes from its different process stages 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). Step A2: The second step is to: — Compare the specific type of waste to the titles of chapters 13 to 15. If the waste type falls within the scope of one or more chapter titles, then look at the sub-chapter titles within. — If the waste type fits within the scope of a chapter and subchapter title, then you look in that sub-chapter for an entry that clearly fits the specific type of waste. — You may use the general entry XX XX 99 if appropriate — If you cannot find a suitable entry (or entries) proceed to step A3. The assignment of such a general XX XX 99 code has to be of last resort and should be avoided as far as possible. Step A3: The third step is to: — Check if the waste falls within the scope of a sub-chapter title in in chapter 16. — If the waste type fits within the scope of a subchapter title, then you look in that sub-chapter for an entry that clearly fits the specific type of waste. — If you cannot find a suitable entry (or entries) proceed to step A4 Step A4: The final step is to: — Return to step A1 and assign the general entry XX XX 99 from a chapter and subchapter that fits the process or activity that produced the waste. — Before assigning a XX XX 99 ensure that steps A1 to A3 have been considered. When completing the steps A1 to A4, either an AH or ANH entry or the most appropriate mirror entries should be assigned to the waste in question. In the latter case it is necessary to proceed with step 3 (cf. Chapter 3.2) of the classification procedure in order to finally decide whether to assign the MH or the MNH entry. The flow chart provided in Annex 1, Figure 1 is only meant to give support in assigning the most appropriate entry or mirror entry pair to a given waste stream; it should be noted that the process of classification should be seen as a step wise process that may require several iterations. The following sections aim at providing further assistance in this context: — in Section 1.2.1, an annotated version of the LoW is enclosed; — Section 1.3 contains specific examples of complex entries that serve to illustrate the classification procedure; — Section 1.4 shows examples of the classification of specific constituents of certain waste types. The classification of mixed waste Where more than one waste type is present, each would need to be considered separately. This ensures that any items or batches of hazardous waste: — are not erroneously classified as non-hazardous by mixing (diluting) it with other wastes (see Article 7 (4) of the WFD); — are identified in time to prevent them being mixed with other wastes, e.g. in a bin, bag, stockpile or skip (see Article 18 of the WFD). Only mixed municipal waste from domestic households is exempt from these requirements. The list provides a small number of entries for mixed waste. As a general rule (to meet WFD mixing criteria) these are for wastes from businesses that are produced by a process as a single mixed waste. They are not for wastes (or items of waste) that are produced separately and subsequently combined with other wastes (for example being placed in the same container). 1.2.1. Annotated List of Waste Table 3 lists all the LoW entries, clearly stating which entries are ANH, AH, MNH and MH entries. Please note that the interpretation of the entry types in the following annotated List of Waste is one possible interpretation balancing the views from different MS. There are different interpretations on MS level which may be checked as well (1). Table 3 Annotated List of Waste CODE CHAPTER DESCRIPTION ENTRY TYPE 1 WASTES RESULTING FROM EXPLORATION, MINING, QUARRYING, AND PHYSICAL AND CHEMICAL TREATMENT OF MINERALS 01 01 wastes from mineral excavation 01 01 01 wastes from mineral metalliferous excavation ANH 01 01 02 wastes from mineral non-metalliferous excavation ANH 01 03 wastes from physical and chemical processing of metalliferous minerals 01 03 04* acid-generating tailings from processing of sulphide ore MH B 01 03 05* other tailings containing hazardous substances MH 01 03 06 tailings other than those mentioned in 01 03 04 and 01 03 05 MNH 01 03 07* other wastes containing hazardous substances from physical and chemical processing of metalliferous minerals MH 01 03 08 dusty and powdery wastes other than those mentioned in 01 03 07 MNH 01 03 09 (2) red mud from alumina production other than the wastes mentioned in 01 03 10 MNH 01 03 10* (3) red mud from alumina production containing hazardous substances other than the wastes mentioned in 01 03 07 MH A 01 03 99 wastes not otherwise specified ANH C 01 04 wastes from physical and chemical processing of non-metalliferous minerals 01 04 07* wastes containing hazardous substances from physical and chemical processing of non-metalliferous minerals MH 01 04 08 waste gravel and crushed rocks other than those mentioned in 01 04 07 MNH 01 04 09 waste sand and clays ANH 01 04 10 dusty and powdery wastes other than those mentioned in 01 04 07 MNH 01 04 11 wastes from potash and rock salt processing other than those mentioned in 01 04 07 MNH 01 04 12 tailings and other wastes from washing and cleaning of minerals other than those mentioned in 01 04 07 and 01 04 11 MNH 01 04 13 wastes from stone cutting and sawing other than those mentioned in 01 04 07 MNH 01 04 99 wastes not otherwise specified ANH 01 05 drilling muds and other drilling wastes 01 05 04 freshwater drilling muds and wastes ANH 01 05 05* oil-containing drilling muds and wastes MH B 01 05 06* drilling muds and other drilling wastes containing hazardous substances MH 01 05 07 barite-containing drilling muds and wastes other than those mentioned in 01 05 05 and 01 05 06 MNH 01 05 08 chloride-containing drilling muds and wastes other than those mentioned in 01 05 05 and 01 05 06 MNH 01 05 99 wastes not otherwise specified ANH 2 WASTES FROM AGRICULTURE, HORTICULTURE, AQUACULTURE, FORESTRY, HUNTING AND FISHING, FOOD PREPARATION AND PROCESSING 02 01 wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing 02 01 01 sludges from washing and cleaning ANH 02 01 02 animal-tissue waste ANH 02 01 03 plant-tissue waste ANH 02 01 04 waste plastics (except packaging) ANH 02 01 06 animal faeces, urine and manure (including spoiled straw), effluent, collected separately and treated off-site ANH 02 01 07 wastes from forestry ANH 02 01 08* agrochemical waste containing hazardous substances MH 02 01 09 agrochemical waste other than those mentioned in 02 01 08 MNH 02 01 10 waste metal ANH 02 01 99 wastes not otherwise specified ANH 02 02 wastes from the preparation and processing of meat, fish and other foods of animal origin 02 02 01 sludges from washing and cleaning ANH 02 02 02 animal-tissue waste ANH 02 02 03 materials unsuitable for consumption or processing ANH 02 02 04 sludges from on-site effluent treatment ANH 02 02 99 wastes not otherwise specified ANH 02 03 wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve production; yeast and yeast extract production, molasses preparation and fermentation 02 03 01 sludges from washing, cleaning, peeling, centrifuging and separation ANH 02 03 02 wastes from preserving agents ANH 02 03 03 wastes from solvent extraction ANH 02 03 04 materials unsuitable for consumption or processing ANH 02 03 05 sludges from on-site effluent treatment ANH 02 03 99 wastes not otherwise specified ANH 02 04 wastes from sugar processing 02 04 01 soil from cleaning and washing beet ANH 02 04 02 off-specification calcium carbonate ANH 02 04 03 sludges from on-site effluent treatment ANH 02 04 99 wastes not otherwise specified ANH 02 05 wastes from the dairy products industry 02 05 01 materials unsuitable for consumption or processing ANH 02 05 02 sludges from on-site effluent treatment ANH 02 05 99 wastes not otherwise specified ANH 02 06 wastes from the baking and confectionery industry 02 06 01 materials unsuitable for consumption or processing ANH 02 06 02 wastes from preserving agents ANH 02 06 03 sludges from on-site effluent treatment ANH 02 06 99 wastes not otherwise specified ANH 02 07 wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa) 02 07 01 wastes from washing, cleaning and mechanical reduction of raw materials ANH 02 07 02 wastes from spirits distillation ANH 02 07 03 wastes from chemical treatment ANH 02 07 04 materials unsuitable for consumption or processing ANH 02 07 05 sludges from on-site effluent treatment ANH 02 07 99 wastes not otherwise specified ANH 3 WASTES FROM WOOD PROCESSING AND THE PRODUCTION OF PANELS AND FURNITURE, PULP, PAPER AND CARDBOARD 03 01 wastes from wood processing and the production of panels and furniture 03 01 01 waste bark and cork ANH 03 01 04* sawdust, shavings, cuttings, wood, particle board and veneer containing hazardous substances MH 03 01 05 sawdust, shavings, cuttings, wood, particle board and veneer other than those mentioned in 03 01 04 MNH 03 01 99 wastes not otherwise specified ANH 03 02 wastes from wood preservation 03 02 01* non-halogenated organic wood preservatives AH 03 02 02* organochlorinated wood preservatives AH 03 02 03* organometallic wood preservatives AH 03 02 04* inorganic wood preservatives AH 03 02 05* other wood preservatives containing hazardous substances AH B 03 02 99 wood preservatives not otherwise specified ANH B 03 03 wastes from pulp, paper and cardboard production and processing 03 03 01 waste bark and wood ANH 03 03 02 green liquor sludge (from recovery of cooking liquor) ANH 03 03 05 de-inking sludges from paper recycling ANH 03 03 07 mechanically separated rejects from pulping of waste paper and cardboard ANH 03 03 08 wastes from sorting of paper and cardboard destined for recycling ANH 03 03 09 lime mud waste ANH 03 03 10 fibre rejects, fibre-, filler- and coating-sludges from mechanical separation ANH 03 03 11 sludges from on-site effluent treatment other than those mentioned in 03 03 10 ANH 03 03 99 wastes not otherwise specified ANH 4 WASTES FROM THE LEATHER, FUR AND TEXTILE INDUSTRIES 04 01 wastes from the leather and fur industry 04 01 01 fleshings and lime split wastes ANH 04 01 02 liming waste ANH 04 01 03* degreasing wastes containing solvents without a liquid phase AH B 04 01 04 tanning liquor containing chromium ANH 04 01 05 tanning liquor free of chromium ANH 04 01 06 sludges, in particular from on-site effluent treatment containing chromium ANH 04 01 07 sludges, in particular from on-site effluent treatment free of chromium ANH 04 01 08 waste tanned leather (blue sheetings, shavings, cuttings, buffing dust) containing chromium ANH 04 01 09 wastes from dressing and finishing ANH 04 01 99 wastes not otherwise specified ANH B 04 02 wastes from the textile industry 04 02 09 wastes from composite materials (impregnated textile, elastomer, plastomer) ANH 04 02 10 organic matter from natural products (for example grease, wax) ANH 04 02 14* wastes from finishing containing organic solvents MH 04 02 15 wastes from finishing other than those mentioned in 04 02 14 MNH 04 02 16* dyestuffs and pigments containing hazardous substances MH 04 02 17 dyestuffs and pigments other than those mentioned in 04 02 16 MNH 04 02 19* sludges from on-site effluent treatment containing hazardous substances MH 04 02 20 sludges from on-site effluent treatment other than those mentioned in 04 02 19 MNH 04 02 21 wastes from unprocessed textile fibres ANH 04 02 22 wastes from processed textile fibres ANH 04 02 99 wastes not otherwise specified ANH 5 WASTES FROM PETROLEUM REFINING, NATURAL GAS PURIFICATION AND PYROLYTIC TREATMENT OF COAL 05 01 wastes from petroleum refining 05 01 02* desalter sludges AH 05 01 03* tank bottom sludges AH 05 01 04* acid alkyl sludges AH 05 01 05* oil spills AH 05 01 06* oily sludges from maintenance operations of the plant or equipment AH 05 01 07* acid tars AH 05 01 08* other tars AH 05 01 09* sludges from on-site effluent treatment containing hazardous substances MH 05 01 10 sludges from on-site effluent treatment other than those mentioned in 05 01 09 MNH 05 01 11* wastes from cleaning of fuels with bases AH 05 01 12* oil containing acids AH 05 01 13 boiler feedwater sludges ANH 05 01 14 wastes from cooling columns ANH 05 01 15* spent filter clays AH 05 01 16 sulphur-containing wastes from petroleum desulphurisation ANH 05 01 17 Bitumen ANH 05 01 99 wastes not otherwise specified ANH 05 06 wastes from the pyrolytic treatment of coal 05 06 01* acid tars AH 05 06 03* other tars AH 05 06 04 waste from cooling columns ANH 05 06 99 wastes not otherwise specified ANH 05 07 wastes from natural gas purification and transportation 05 07 01* wastes containing mercury AH B 05 07 02 wastes containing sulphur ANH 05 07 99 wastes not otherwise specified ANH B 6 WASTES FROM INORGANIC CHEMICAL PROCESSES 06 01 wastes from the manufacture, formulation, supply and use (MFSU) of acids 06 01 01* sulphuric acid and sulphurous acid AH 06 01 02* hydrochloric acid AH 06 01 03* hydrofluoric acid AH 06 01 04* phosphoric and phosphorous acid AH 06 01 05* nitric acid and nitrous acid AH 06 01 06* other acids AH 06 01 99 wastes not otherwise specified ANH 06 02 wastes from the MFSU of bases 06 02 01* calcium hydroxide AH 06 02 03* ammonium hydroxide AH 06 02 04* sodium and potassium hydroxide AH 06 02 05* other bases AH 06 02 99 wastes not otherwise specified ANH 06 03 wastes from the MFSU of salts and their solutions and metallic oxides 06 03 11* solid salts and solutions containing cyanides MH 06 03 13* solid salts and solutions containing heavy metals MH 06 03 14 solid salts and solutions other than those mentioned in 06 03 11 and 06 03 13 MNH 06 03 15* metallic oxides containing heavy metals MH 06 03 16 metallic oxides other than those mentioned in 06 03 15 MNH 06 03 99 wastes not otherwise specified ANH 06 04 metal-containing wastes other than those mentioned in 06 03 06 04 03* wastes containing arsenic AH B 06 04 04* wastes containing mercury AH B 06 04 05* wastes containing other heavy metals AH B 06 04 99 wastes not otherwise specified ANH B 06 05 sludges from on-site effluent treatment 06 05 02* sludges from on-site effluent treatment containing hazardous substances MH 06 05 03 sludges from on-site effluent treatment other than those mentioned in 06 05 02 MNH 06 06 wastes from the MFSU of sulphur chemicals, sulphur chemical processes and desulphurisation processes 06 06 02* wastes containing hazardous sulphides MH 06 06 03 wastes containing sulphides other than those mentioned in 06 06 02 MNH 06 06 99 wastes not otherwise specified ANH 06 07 wastes from the MFSU of halogens and halogen chemical processes 06 07 01* wastes containing asbestos from electrolysis AH B 06 07 02* activated carbon from chlorine production AH 06 07 03* barium sulphate sludge containing mercury AH B 06 07 04* solutions and acids, for example contact acid AH 06 07 99 wastes not otherwise specified ANH B 06 08 wastes from the MFSU of silicon and silicon derivatives 06 08 02* waste containing hazardous chlorosilanes MH 06 08 99 wastes not otherwise specified ANH 06 09 wastes from the MSFU of phosphorous chemicals and phosphorous chemical processes 06 09 02 phosphorous slag ANH 06 09 03* calcium-based reaction wastes containing or contaminated with hazardous substances MH 06 09 04 calcium-based reaction wastes other than those mentioned in 06 09 03 MNH 06 09 99 wastes not otherwise specified ANH 06 10 wastes from the MFSU of nitrogen chemicals, nitrogen chemical processes and fertiliser manufacture 06 10 02* wastes containing hazardous substances MH 06 10 99 wastes not otherwise specified ANH 06 11 wastes from the manufacture of inorganic pigments and opacificiers 06 11 01 calcium-based reaction wastes from titanium dioxide production ANH 06 11 99 wastes not otherwise specified ANH 06 13 wastes from inorganic chemical processes not otherwise specified 06 13 01* inorganic plant protection products, wood-preserving agents and other biocides. AH 06 13 02* spent activated carbon (except 06 07 02) AH 06 13 03 carbon black ANH 06 13 04* wastes from asbestos processing AH 06 13 05* Soot AH 06 13 99 wastes not otherwise specified ANH 7 WASTES FROM ORGANIC CHEMICAL PROCESSES 07 01 wastes from the manufacture, formulation, supply and use (MFSU) of basic organic chemicals 07 01 01* aqueous washing liquids and mother liquors AH 07 01 03* organic halogenated solvents, washing liquids and mother liquors AH 07 01 04* other organic solvents, washing liquids and mother liquors AH 07 01 07* halogenated still bottoms and reaction residues AH 07 01 08* other still bottoms and reaction residues AH 07 01 09* halogenated filter cakes and spent absorbents AH 07 01 10* other filter cakes and spent absorbents AH 07 01 11* sludges from on-site effluent treatment containing hazardous substances MH 07 01 12 sludges from on-site effluent treatment other than those mentioned in 07 01 11 MNH 07 01 99 wastes not otherwise specified ANH 07 02 wastes from the MFSU of plastics, synthetic rubber and man-made fibres 07 02 01* aqueous washing liquids and mother liquors AH 07 02 03* organic halogenated solvents, washing liquids and mother liquors AH 07 02 04* other organic solvents, washing liquids and mother liquors AH 07 02 07* halogenated still bottoms and reaction residues AH 07 02 08* other still bottoms and reaction residues AH 07 02 09* halogenated filter cakes and spent absorbents AH 07 02 10* other filter cakes and spent absorbents AH 07 02 11* sludges from on-site effluent treatment containing hazardous substances MH 07 02 12 sludges from on-site effluent treatment other than those mentioned in 07 02 11 MNH 07 02 13 waste plastic ANH 07 02 14* wastes from additives containing hazardous substances MH 07 02 15 wastes from additives other than those mentioned in 07 02 14 MNH 07 02 16* waste containing hazardous silicones MH 07 02 17 waste containing silicones other than those mentioned in 07 02 16 MNH 07 02 99 wastes not otherwise specified ANH 07 03 wastes from the MFSU of organic dyes and pigments (except 06 11) 07 03 01* aqueous washing liquids and mother liquors AH 07 03 03* organic halogenated solvents, washing liquids and mother liquors AH 07 03 04* other organic solvents, washing liquids and mother liquors AH 07 03 07* halogenated still bottoms and reaction residues AH 07 03 08* other still bottoms and reaction residues AH 07 03 09* halogenated filter cakes and spent absorbents AH 07 03 10* other filter cakes and spent absorbents AH 07 03 11* sludges from on-site effluent treatment containing hazardous substances MH 07 03 12 sludges from on-site effluent treatment other than those mentioned in 07 03 11 MNH 07 03 99 wastes not otherwise specified ANH 07 04 wastes from the MFSU of organic plant protection products (except 02 01 08 and 02 01 09), wood preserving agents (except 03 02) and other biocides 07 04 01* aqueous washing liquids and mother liquors AH 07 04 03* organic halogenated solvents, washing liquids and mother liquors AH 07 04 04* other organic solvents, washing liquids and mother liquors AH 07 04 07* halogenated still bottoms and reaction residues AH 07 04 08* other still bottoms and reaction residues AH 07 04 09* halogenated filter cakes and spent absorbents AH 07 04 10* other filter cakes and spent absorbents AH 07 04 11* sludges from on-site effluent treatment containing hazardous substances MH 07 04 12 sludges from on-site effluent treatment other than those mentioned in 07 04 11 MNH 07 04 13* solid wastes containing hazardous substances MH 07 04 99 wastes not otherwise specified ANH 07 05 wastes from the MFSU of pharmaceuticals 07 05 01* aqueous washing liquids and mother liquors AH 07 05 03* organic halogenated solvents, washing liquids and mother liquors AH 07 05 04* other organic solvents, washing liquids and mother liquors AH 07 05 07* halogenated still bottoms and reaction residues AH 07 05 08* other still bottoms and reaction residues AH 07 05 09* halogenated filter cakes and spent absorbents AH 07 05 10* other filter cakes and spent absorbents AH 07 05 11* sludges from on-site effluent treatment containing hazardous substances MH 07 05 12 sludges from on-site effluent treatment other than those mentioned in 07 05 11 MNH 07 05 13* solid wastes containing hazardous substances MH 07 05 14 solid wastes other than those mentioned in 07 05 13 MNH 07 05 99 wastes not otherwise specified ANH 07 06 wastes from the MFSU of fats, grease, soaps, detergents, disinfectants and cosmetics 07 06 01* aqueous washing liquids and mother liquors AH 07 06 03* organic halogenated solvents, washing liquids and mother liquors AH 07 06 04* other organic solvents, washing liquids and mother liquors AH 07 06 07* halogenated still bottoms and reaction residues AH 07 06 08* other still bottoms and reaction residues AH 07 06 09* halogenated filter cakes and spent absorbents AH 07 06 10* other filter cakes and spent absorbents AH 07 06 11* sludges from on-site effluent treatment containing hazardous substances MH 07 06 12 sludges from on-site effluent treatment other than those mentioned in 07 06 11 MNH 07 06 99 wastes not otherwise specified ANH 07 07 wastes from the MFSU of fine chemicals and chemical products not otherwise specified 07 07 01* aqueous washing liquids and mother liquors AH 07 07 03* organic halogenated solvents, washing liquids and mother liquors AH 07 07 04* other organic solvents, washing liquids and mother liquors AH 07 07 07* halogenated still bottoms and reaction residues AH 07 07 08* other still bottoms and reaction residues AH 07 07 09* halogenated filter cakes and spent absorbents AH 07 07 10* other filter cakes and spent absorbents AH 07 07 11* sludges from on-site effluent treatment containing hazardous substances MH 07 07 12 sludges from on-site effluent treatment other than those mentioned in 07 07 11 MNH 07 07 99 wastes not otherwise specified ANH 8 WASTES FROM THE MANUFACTURE, FORMULATION, SUPPLY AND USE (MFSU) OF COATINGS (PAINTS, VARNISHES AND VITREOUS ENAMELS), ADHESIVES, SEALANTS AND PRINTING INKS 08 01 wastes from MFSU and removal of paint and varnish 08 01 11* waste paint and varnish containing organic solvents or other hazardous substances MH 08 01 12 waste paint and varnish other than those mentioned in 08 01 11 MNH 08 01 13* sludges from paint or varnish containing organic solvents or other hazardous substances MH 08 01 14 sludges from paint or varnish other than those mentioned in 08 01 13 MNH 08 01 15* aqueous sludges containing paint or varnish containing organic solvents or other hazardous substances MH 08 01 16 aqueous sludges containing paint or varnish other than those mentioned in 08 01 15 MNH 08 01 17* wastes from paint or varnish removal containing organic solvents or other hazardous substances MH 08 01 18 wastes from paint or varnish removal other than those mentioned in 08 01 17 MNH 08 01 19* aqueous suspensions containing paint or varnish containing organic solvents or other hazardous substances MH 08 01 20 aqueous suspensions containing paint or varnish other than those mentioned in 08 01 19 MNH 08 01 21* waste paint or varnish remover AH 08 01 99 wastes not otherwise specified ANH 08 02 wastes from MFSU of other coatings (including ceramic materials) 08 02 01 waste coating powders ANH 08 02 02 aqueous sludges containing ceramic materials ANH 08 02 03 aqueous suspensions containing ceramic materials ANH 08 02 99 wastes not otherwise specified ANH 08 03 wastes from MFSU of printing inks 08 03 07 aqueous sludges containing ink ANH 08 03 08 aqueous liquid waste containing ink ANH 08 03 12* waste ink containing hazardous substances MH 08 03 13 waste ink other than those mentioned in 08 03 12 MNH 08 03 14* ink sludges containing hazardous substances MH 08 03 15 ink sludges other than those mentioned in 08 03 14 MNH 08 03 16* waste etching solutions AH 08 03 17* waste printing toner containing hazardous substances MH 08 03 18 waste printing toner other than those mentioned in 08 03 17 MNH 08 03 19* disperse oil AH 08 03 99 wastes not otherwise specified ANH 08 04 wastes from MFSU of adhesives and sealants (including waterproofing products) 08 04 09* waste adhesives and sealants containing organic solvents or other hazardous substances MH 08 04 10 waste adhesives and sealants other than those mentioned in 08 04 09 MNH 08 04 11* adhesive and sealant sludges containing organic solvents or other hazardous substances MH 08 04 12 adhesive and sealant sludges other than those mentioned in 08 04 11 MNH 08 04 13* aqueous sludges containing adhesives or sealants containing organic solvents or other hazardous substances MH 08 04 14 aqueous sludges containing adhesives or sealants other than those mentioned in 08 04 13 MNH 08 04 15* aqueous liquid waste containing adhesives or sealants containing organic solvents or other hazardous substances MH 08 04 16 aqueous liquid waste containing adhesives or sealants other than those mentioned in 08 04 15 MNH 08 04 17* rosin oil AH 08 04 99 wastes not otherwise specified ANH 08 05 wastes not otherwise specified in 08 08 05 01* waste isocyanates AH 9 WASTES FROM THE PHOTOGRAPHIC INDUSTRY 09 01 wastes from the photographic industry 09 01 01* water-based developer and activator solutions AH 09 01 02* water-based offset plate developer solutions AH 09 01 03* solvent-based developer solutions AH 09 01 04* fixer solutions AH 09 01 05* bleach solutions and bleach fixer solutions AH 09 01 06* wastes containing silver from on-site treatment of photographic wastes AH B 09 01 07 photographic film and paper containing silver or silver compounds ANH 09 01 08 photographic film and paper free of silver or silver compounds ANH 09 01 10 single-use cameras without batteries ANH 09 01 11* single-use cameras containing batteries included in 16 06 01, 16 06 02 or 16 06 03 MH B 09 01 12 single-use cameras containing batteries other than those mentioned in 09 01 11 MNH 09 01 13* aqueous liquid waste from on-site reclamation of silver other than those mentioned in 09 01 06 AH 09 01 99 wastes not otherwise specified ANH 10 WASTES FROM THERMAL PROCESSES 10 01 wastes from power stations and other combustion plants (except 19) 10 01 01 bottom ash, slag and boiler dust (excluding boiler dust mentioned in 10 01 04) ANH 10 01 02 coal fly ash ANH 10 01 03 fly ash from peat and untreated wood ANH 10 01 04* oil fly ash and boiler dust AH 10 01 05 calcium-based reaction wastes from flue-gas desulphurisation in solid form ANH 10 01 07 calcium-based reaction wastes from flue-gas desulphurisation in sludge form ANH 10 01 09* sulphuric acid AH 10 01 13* fly ash from emulsified hydrocarbons used as fuel AH 10 01 14* bottom ash, slag and boiler dust from co-incineration containing hazardous substances MH 10 01 15 bottom ash, slag and boiler dust from co-incineration other than those mentioned in 10 01 14 MNH 10 01 16* fly ash from co-incineration containing hazardous substances MH 10 01 17 fly ash from co-incineration other than those mentioned in 10 01 16 MNH 10 01 18* wastes from gas cleaning containing hazardous substances MH 10 01 19 wastes from gas cleaning other than those mentioned in 10 01 05, 10 01 07 and 10 01 18 MNH 10 01 20* sludges from on-site effluent treatment containing hazardous substances MH 10 01 21 sludges from on-site effluent treatment other than those mentioned in 10 01 20 MNH 10 01 22* aqueous sludges from boiler cleansing containing hazardous substances MH 10 01 23 aqueous sludges from boiler cleansing other than those mentioned in 10 01 22 MNH 10 01 24 sands from fluidised beds ANH 10 01 25 wastes from fuel storage and preparation of coal-fired power plants ANH 10 01 26 wastes from cooling-water treatment ANH 10 01 99 wastes not otherwise specified ANH 10 02 wastes from the iron and steel industry 10 02 01 wastes from the processing of slag ANH 10 02 02 unprocessed slag ANH 10 02 07* solid wastes from gas treatment containing hazardous substances MH 10 02 08 solid wastes from gas treatment other than those mentioned in 10 02 07 MNH 10 02 10 mill scales ANH 10 02 11* wastes from cooling-water treatment containing oil MH 10 02 12 wastes from cooling-water treatment other than those mentioned in 10 02 11 MNH 10 02 13* sludges and filter cakes from gas treatment containing hazardous substances MH 10 02 14 sludges and filter cakes from gas treatment other than those mentioned in 10 02 13 MNH 10 02 15 other sludges and filter cakes MNH A 10 02 99 wastes not otherwise specified ANH 10 03 wastes from aluminium thermal metallurgy 10 03 02 anode scraps ANH 10 03 04* primary production slags AH 10 03 05 waste alumina ANH 10 03 08* salt slags from secondary production AH 10 03 09* black drosses from secondary production AH 10 03 15* skimmings that are flammable or emit, upon contact with water, flammable gases in hazardous quantities MH B 10 03 16 skimmings other than those mentioned in 10 03 15 MNH B 10 03 17* tar-containing wastes from anode manufacture MH B 10 03 18 carbon-containing wastes from anode manufacture other than those mentioned in 10 03 17 MNH B 10 03 19* flue-gas dust containing hazardous substances MH 10 03 20 flue-gas dust other than those mentioned in 10 03 19 MNH 10 03 21* other particulates and dust (including ball-mill dust) containing hazardous substances MH 10 03 2