Commission notice on technical guidance on the classification of waste
Date: 2018-04-09
Institutions: Directorate-General for Environment, European Commission
Subjects: application of EU law, classification, dangerous substance, hazardous waste, technical rule, waste management




C_2018124EN.01000101.xml










9.4.2018   


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 22


other particulates and dust (including ball-mill dust) other than those mentioned in 10 03 21



MNH





10 03 23*


solid wastes from gas treatment containing hazardous substances



MH





10 03 24


solid wastes from gas treatment other than those mentioned in 10 03 23



MNH





10 03 25*


sludges and filter cakes from gas treatment containing hazardous substances



MH





10 03 26


sludges and filter cakes from gas treatment other than those mentioned in 10 03 25



MNH





10 03 27*


wastes from cooling-water treatment containing oil



MH





10 03 28


wastes from cooling-water treatment other than those mentioned in 10 03 27



MNH





10 03 29*


wastes from treatment of salt slags and black drosses containing hazardous substances



MH





10 03 30


wastes from treatment of salt slags and black drosses other than those mentioned in 10 03 29



MNH





10 03 99


wastes not otherwise specified



ANH








10 04




wastes from lead thermal metallurgy



 




10 04 01*


slags from primary and secondary production



AH





10 04 02*


dross and skimmings from primary and secondary production



AH





10 04 03*


calcium arsenate



AH





10 04 04*


flue-gas dust



AH





10 04 05*


other particulates and dust



AH





10 04 06*


solid wastes from gas treatment



AH





10 04 07*


sludges and filter cakes from gas treatment



AH





10 04 09*


wastes from cooling-water treatment containing oil



MH





10 04 10


wastes from cooling-water treatment other than those mentioned in 10 04 09



MNH





10 04 99


wastes not otherwise specified



ANH








10 05




wastes from zinc thermal metallurgy



 




10 05 01


slags from primary and secondary production



ANH





10 05 03*


flue-gas dust



AH





10 05 04


other particulates and dust



ANH





10 05 05*


solid waste from gas treatment



AH





10 05 06*


sludges and filter cakes from gas treatment



AH





10 05 08*


wastes from cooling-water treatment containing oil



MH





10 05 09


wastes from cooling-water treatment other than those mentioned in 10 05 08



MNH





10 05 10*


dross and skimmings that are flammable or emit, upon contact with water, flammable gases in hazardous quantities



MH
B





10 05 11


dross and skimmings other than those mentioned in 10 05 10



MNH
B





10 05 99


wastes not otherwise specified



ANH








10 06




wastes from copper thermal metallurgy



 




10 06 01


slags from primary and secondary production



ANH





10 06 02


dross and skimmings from primary and secondary production



ANH





10 06 03*


flue-gas dust



AH





10 06 04


other particulates and dust



ANH





10 06 06*


solid wastes from gas treatment



AH





10 06 07*


sludges and filter cakes from gas treatment



AH





10 06 09*


wastes from cooling-water treatment containing oil



MH





10 06 10


wastes from cooling-water treatment other than those mentioned in 10 06 09



MNH





10 06 99


wastes not otherwise specified



ANH








10 07




wastes from silver, gold and platinum thermal metallurgy



 




10 07 01


slags from primary and secondary production



ANH





10 07 02


dross and skimmings from primary and secondary production



ANH





10 07 03


solid wastes from gas treatment



ANH





10 07 04


other particulates and dust



ANH





10 07 05


sludges and filter cakes from gas treatment



ANH





10 07 07*


wastes from cooling-water treatment containing oil



MH





10 07 08


wastes from cooling-water treatment other than those mentioned in 10 07 07



MNH





10 07 99


wastes not otherwise specified



ANH








10 08




wastes from other non-ferrous thermal metallurgy



 




10 08 04


particulates and dust



ANH





10 08 08*


salt slag from primary and secondary production



AH





10 08 09


other slags



ANH





10 08 10*


dross and skimmings that are flammable or emit, upon contact with water, flammable gases in hazardous quantities



MH
B





10 08 11


dross and skimmings other than those mentioned in 10 08 10



MNH
B





10 08 12*


tar-containing wastes from anode manufacture



MH
B





10 08 13


carbon-containing wastes from anode manufacture other than those mentioned in 10 08 12



MNH
B





10 08 14


anode scrap



ANH





10 08 15*


flue-gas dust containing hazardous substances



MH





10 08 16


flue-gas dust other than those mentioned in 10 08 15



MNH





10 08 17*


sludges and filter cakes from flue-gas treatment containing hazardous substances



MH





10 08 18


sludges and filter cakes from flue-gas treatment other than those mentioned in 10 08 17



MNH





10 08 19*


wastes from cooling-water treatment containing oil



MH





10 08 20


wastes from cooling-water treatment other than those mentioned in 10 08 19



MNH





10 08 99


wastes not otherwise specified



ANH








10 09




wastes from casting of ferrous pieces



 




10 09 03


furnace slag



ANH





10 09 05*


casting cores and moulds which have not undergone pouring containing hazardous substances



MH





10 09 06


casting cores and moulds which have not undergone pouring other than those mentioned in 10 09 05



MNH





10 09 07*


casting cores and moulds which have undergone pouring containing hazardous substances



MH





10 09 08


casting cores and moulds which have undergone pouring other than those mentioned in 10 09 07



MNH





10 09 09*


flue-gas dust containing hazardous substances



MH





10 09 10


flue-gas dust other than those mentioned in 10 09 09



MNH





10 09 11*


other particulates containing hazardous substances



MH





10 09 12


other particulates other than those mentioned in 10 09 11



MNH





10 09 13*


waste binders containing hazardous substances



MH





10 09 14


waste binders other than those mentioned in 10 09 13



MNH





10 09 15*


waste crack-indicating agent containing hazardous substances



MH





10 09 16


waste crack-indicating agent other than those mentioned in 10 09 15



MNH





10 09 99


wastes not otherwise specified



ANH








10 10




wastes from casting of non-ferrous pieces



 




10 10 03


furnace slag



ANH





10 10 05*


casting cores and moulds which have not undergone pouring, containing hazardous substances



MH





10 10 06


casting cores and moulds which have not undergone pouring, other than those mentioned in 10 10 05



MNH





10 10 07*


casting cores and moulds which have undergone pouring, containing hazardous substances



MH





10 10 08


casting cores and moulds which have undergone pouring, other than those mentioned in 10 10 07



MNH





10 10 09*


flue-gas dust containing hazardous substances



MH





10 10 10


flue-gas dust other than those mentioned in 10 10 09



MNH





10 10 11*


other particulates containing hazardous substances



MH





10 10 12


other particulates other than those mentioned in 10 10 11



MNH





10 10 13*


waste binders containing hazardous substances



MH





10 10 14


waste binders other than those mentioned in 10 10 13



MNH





10 10 15*


waste crack-indicating agent containing hazardous substances



MH





10 10 16


waste crack-indicating agent other than those mentioned in 10 10 15



MNH





10 10 99


wastes not otherwise specified



ANH








10 11




wastes from manufacture of glass and glass products



 




10 11 03


waste glass-based fibrous materials



ANH





10 11 05


particulates and dust



ANH





10 11 09*


waste preparation mixture before thermal processing, containing hazardous substances



MH





10 11 10


waste preparation mixture before thermal processing, other than those mentioned in 10 11 09



MNH





10 11 11*


waste glass in small particles and glass powder containing heavy metals (for example from cathode ray tubes)



MH





10 11 12


waste glass other than those mentioned in 10 11 11



MNH





10 11 13*


glass-polishing and -grinding sludge containing hazardous substances



MH





10 11 14


glass-polishing and -grinding sludge other than those mentioned in 10 11 13



MNH





10 11 15*


solid wastes from flue-gas treatment containing hazardous substances



MH





10 11 16


solid wastes from flue-gas treatment other than those mentioned in 10 11 15



MNH





10 11 17*


sludges and filter cakes from flue-gas treatment containing hazardous substances



MH





10 11 18


sludges and filter cakes from flue-gas treatment other than those mentioned in 10 11 17



MNH





10 11 19*


solid wastes from on-site effluent treatment containing hazardous substances



MH





10 11 20


solid wastes from on-site effluent treatment other than those mentioned in 10 11 19



MNH





10 11 99


wastes not otherwise specified



ANH








10 12




wastes from manufacture of ceramic goods, bricks, tiles and construction products



 




10 12 01


waste preparation mixture before thermal processing



ANH





10 12 03


particulates and dust



ANH





10 12 05


sludges and filter cakes from gas treatment



ANH





10 12 06


discarded moulds



ANH





10 12 08


waste ceramics, bricks, tiles and construction products (after thermal processing)



ANH





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





10 12 11*


wastes from glazing containing heavy metals



MH





10 12 12


wastes from glazing other than those mentioned in 10 12 11



MNH





10 12 13


sludge from on-site effluent treatment



ANH





10 12 99


wastes not otherwise specified



ANH








10 13




wastes from manufacture of cement, lime and plaster and articles and products made from them



 




10 13 01


waste preparation mixture before thermal processing



ANH





10 13 04


wastes from calcination and hydration of lime



ANH





10 13 06


particulates and dust (except 10 13 12 and 10 13 13)



MNH





10 13 07


sludges and filter cakes from gas treatment



ANH





10 13 09*


wastes from asbestos-cement manufacture containing asbestos



MH





10 13 10


wastes from asbestos-cement manufacture other than those mentioned in 10 13 09



MNH





10 13 11


wastes from cement-based composite materials other than those mentioned in 10 13 09 and 10 13 10



MNH





10 13 12*


solid wastes from gas treatment containing hazardous substances



MH





10 13 13


solid wastes from gas treatment other than those mentioned in 10 13 12



MNH





10 13 14


waste concrete and concrete sludge



ANH





10 13 99


wastes not otherwise specified



ANH








10 14




waste from crematoria



 




10 14 01*


waste from gas cleaning containing mercury



AH
B







11


WASTES FROM CHEMICAL SURFACE TREATMENT AND COATING OF METALS AND OTHER MATERIALS; NON-FERROUS HYDRO-METALLURGY


 







11 01




wastes from chemical surface treatment and coating of metals and other materials (for example galvanic processes, zinc coating processes, pickling processes, etching, phosphating, alkaline degreasing, anodising)



 




11 01 05*


pickling acids



AH





11 01 06*


acids not otherwise specified



AH





11 01 07*


pickling bases



AH





11 01 08*


phosphatising sludges



AH





11 01 09*


sludges and filter cakes containing hazardous substances



MH





11 01 10


sludges and filter cakes other than those mentioned in 11 01 09



MNH





11 01 11*


aqueous rinsing liquids containing hazardous substances



MH





11 01 12


aqueous rinsing liquids other than those mentioned in 11 01 11



MNH





11 01 13*


degreasing wastes containing hazardous substances



MH





11 01 14


degreasing wastes other than those mentioned in 11 01 13



MNH





11 01 15*


eluate and sludges from membrane systems or ion exchange systems containing hazardous substances



AH
B





11 01 16*


saturated or spent ion exchange resins



AH





11 01 98*


other wastes containing hazardous substances



MH
A





11 01 99


wastes not otherwise specified



ANH








11 02




wastes from non-ferrous hydrometallurgical processes



 




11 02 02*


sludges from zinc hydrometallurgy (including jarosite, goethite)



AH





11 02 03


wastes from the production of anodes for aqueous electrolytical processes



ANH





11 02 05*


wastes from copper hydrometallurgical processes containing hazardous substances



MH





11 02 06


wastes from copper hydrometallurgical processes other than those mentioned in 11 02 05



MNH





11 02 07*


other wastes containing hazardous substances



MH
A





11 02 99


wastes not otherwise specified



ANH








11 03




sludges and solids from tempering processes



 




11 03 01*


wastes containing cyanide



AH
B





11 03 02*


other wastes



AH








11 05




wastes from hot galvanising processes



 




11 05 01


hard zinc



ANH





11 05 02


zinc ash



ANH





11 05 03*


solid wastes from gas treatment



AH





11 05 04*


spent flux



AH





11 05 99


wastes not otherwise specified



ANH







12


WASTES FROM SHAPING AND PHYSICAL AND MECHANICAL SURFACE TREATMENT OF METALS AND PLASTICS


 







12 01




wastes from shaping and physical and mechanical surface treatment of metals and plastics



 




12 01 01


ferrous metal filings and turnings



ANH





12 01 02


ferrous metal dust and particles



ANH





12 01 03


non-ferrous metal filings and turnings



ANH





12 01 04


non-ferrous metal dust and particles



ANH





12 01 05


plastics shavings and turnings



ANH





12 01 06*


mineral-based machining oils containing halogens (except emulsions and solutions)



AH





12 01 07*


mineral-based machining oils free of halogens (except emulsions and solutions)



AH





12 01 08*


machining emulsions and solutions containing halogens



AH





12 01 09*


machining emulsions and solutions free of halogens



AH





12 01 10*


synthetic machining oils



AH





12 01 12*


spent waxes and fats



AH





12 01 13


welding wastes



ANH





12 01 14*


machining sludges containing hazardous substances



MH





12 01 15


machining sludges other than those mentioned in 12 01 14



MNH





12 01 16*


waste blasting material containing hazardous substances



MH





12 01 17


waste blasting material other than those mentioned in 12 01 16



MNH





12 01 18*


metal sludge (grinding, honing and lapping sludge) containing oil



AH
B





12 01 19*


readily biodegradable machining oil



AH





12 01 20*


spent grinding bodies and grinding materials containing hazardous substances



MH





12 01 21


spent grinding bodies and grinding materials other than those mentioned in 12 01 20



MNH





12 01 99


wastes not otherwise specified



ANH
B








12 03




wastes from water and steam degreasing processes (except 11)



 




12 03 01*


aqueous washing liquids



AH





12 03 02*


steam degreasing wastes



AH







13


OIL WASTES AND WASTES OF LIQUID FUELS (except edible oils, and those in chapters 05, 12 and 19)


 







13 01




waste hydraulic oils



 




13 01 01*


hydraulic oils, containing PCBs



AH
B





13 01 04*


chlorinated emulsions



AH





13 01 05*


non-chlorinated emulsions



AH





13 01 09*


mineral-based chlorinated hydraulic oils



AH





13 01 10*


mineral based non-chlorinated hydraulic oils



AH





13 01 11*


synthetic hydraulic oils



AH





13 01 12*


readily biodegradable hydraulic oils



AH





13 01 13*


other hydraulic oils



AH








13 02




waste engine, gear and lubricating oils



 




13 02 04*


mineral-based chlorinated engine, gear and lubricating oils



AH





13 02 05*


mineral-based non-chlorinated engine, gear and lubricating oils



AH





13 02 06*


synthetic engine, gear and lubricating oils



AH





13 02 07*


readily biodegradable engine, gear and lubricating oils



AH





13 02 08*


other engine, gear and lubricating oils



AH








13 03




waste insulating and heat transmission oils



 




13 03 01*


insulating or heat transmission oils containing PCBs



AH
B





13 03 06*


mineral-based chlorinated insulating and heat transmission oils other than those mentioned in 13 03 01



AH





13 03 07*


mineral-based non-chlorinated insulating and heat transmission oils



AH





13 03 08*


synthetic insulating and heat transmission oils



AH





13 03 09*


readily biodegradable insulating and heat transmission oils



AH





13 03 10*


other insulating and heat transmission oils



AH








13 04




bilge oils



 




13 04 01*


bilge oils from inland navigation



AH





13 04 02*


bilge oils from jetty sewers



AH





13 04 03*


bilge oils from other navigation



AH








13 05




oil/water separator contents



 




13 05 01*


solids from grit chambers and oil/water separators



AH





13 05 02*


sludges from oil/water separators



AH





13 05 03*


interceptor sludges



AH





13 05 06*


oil from oil/water separators



AH





13 05 07*


oily water from oil/water separators



AH





13 05 08*


mixtures of wastes from grit chambers and oil/water separators



AH








13 07




wastes of liquid fuels



 




13 07 01*


fuel oil and diesel



AH





13 07 02*


Petrol



AH





13 07 03*


other fuels (including mixtures)



AH








13 08




oil wastes not otherwise specified



 




13 08 01*


desalter sludges or emulsions



AH





13 08 02*


other emulsions



AH





13 08 99*


wastes not otherwise specified



AH







14


WASTE ORGANIC SOLVENTS, REFRIGERANTS AND PROPELLANTS (except 07 and 08)


 







14 06




waste organic solvents, refrigerants and foam/aerosol propellants



 




14 06 01*


chlorofluorocarbons, HCFC, HFC



AH





14 06 02*


other halogenated solvents and solvent mixtures



AH





14 06 03*


other solvents and solvent mixtures



AH





14 06 04*


sludges or solid wastes containing halogenated solvents



AH
B





14 06 05*


sludges or solid wastes containing other solvents



AH
B







15


WASTE PACKAGING; ABSORBENTS, WIPING CLOTHS, FILTER MATERIALS AND PROTECTIVE CLOTHING NOT OTHERWISE SPECIFIED


 







15 01




packaging (including separately collected municipal packaging waste)



 




15 01 01


paper and cardboard packaging



MNH
B





15 01 02


plastic packaging



MNH
B





15 01 03


wooden packaging



MNH
B





15 01 04


metallic packaging



MNH
B





15 01 05


composite packaging



MNH
B





15 01 06


mixed packaging



MNH
B





15 01 07


glass packaging



MNH
B





15 01 09


textile packaging



MNH
B





15 01 10*


packaging containing residues of or contaminated by hazardous substances



MH
B





15 01 11*


metallic packaging containing a hazardous solid porous matrix (for example asbestos), including empty pressure containers



MH
B








15 02




absorbents, filter materials, wiping cloths and protective clothing



 




15 02 02*


absorbents, filter materials (including oil filters not otherwise specified), wiping cloths, protective clothing contaminated by hazardous substances



MH





15 02 03


absorbents, filter materials, wiping cloths and protective clothing other than those mentioned in 15 02 02



MNH







16


WASTES NOT OTHERWISE SPECIFIED IN THE LIST


 







16 01




end-of-life vehicles from different means of transport (including off-road machinery) and wastes from dismantling of end-of-life vehicles and vehicle maintenance (except 13, 14, 16 06 and 16 08)



 




16 01 03


end-of-life tyres



ANH





16 01 04*


end-of-life vehicles



AH
A





16 01 06


end-of-life vehicles, containing neither liquids nor other hazardous components



ANH
A





16 01 07*


oil filters



AH





16 01 08*


components containing mercury



MH
A





16 01 09*


components containing PCBs



MH
A





16 01 10*


explosive components (for example air bags)



AH





16 01 11*


brake pads containing asbestos



MH





16 01 12


brake pads other than those mentioned in 16 01 11



MNH





16 01 13*


brake fluids



AH





16 01 14*


antifreeze fluids containing hazardous substances



MH





16 01 15


antifreeze fluids other than those mentioned in 16 01 14



MNH





16 01 16


tanks for liquefied gas



ANH





16 01 17


ferrous metal



ANH





16 01 18


non-ferrous metal



ANH





16 01 19


Plastic



ANH





16 01 20


Glass



ANH





16 01 21*


hazardous components other than those mentioned in 16 01 07 to 16 01 11 and 16 01 13 and 16 01 14



AH





16 01 22


components not otherwise specified



MNH





16 01 99


wastes not otherwise specified



ANH








16 02




wastes from electrical and electronic equipment



 




16 02 09*


transformers and capacitors containing PCBs



MH
B





16 02 10*


discarded equipment containing or contaminated by PCBs other than those mentioned in 16 02 09



MH
B





16 02 11*


discarded equipment containing chlorofluorocarbons, HCFC, HFC



MH
B





16 02 12*


discarded equipment containing free asbestos



MH
B





16 02 13*


discarded equipment containing hazardous components (#) other than those mentioned in 16 02 09 to 16 02 12



MH
B





16 02 14


discarded equipment other than those mentioned in 16 02 09 to 16 02 13



MNH
B





16 02 15*


hazardous components removed from discarded equipment



MH
B





16 02 16


components removed from discarded equipment other than those mentioned in 16 02 15



MNH
B








16 03




off-specification batches and unused products



 




16 03 03*


inorganic wastes containing hazardous substances



MH





16 03 04


inorganic wastes other than those mentioned in 16 03 03



MNH





16 03 05*


organic wastes containing hazardous substances



MH





16 03 06


organic wastes other than those mentioned in 16 03 05



MNH





16 03 07* (4)



metallic mercury



AH








16 04




waste explosives



 




16 04 01*


waste ammunition



AH





16 04 02*


fireworks wastes



AH





16 04 03*


other waste explosives



AH








16 05




gases in pressure containers and discarded chemicals



 




16 05 04*


gases in pressure containers (including halons) containing hazardous substances



MH





16 05 05


gases in pressure containers other than those mentioned in 16 05 04



MNH





16 05 06*


laboratory chemicals, consisting of or containing hazardous substances, including mixtures of laboratory chemicals



MH





16 05 07*


discarded inorganic chemicals consisting of or containing hazardous substances



MH





16 05 08*


discarded organic chemicals consisting of or containing hazardous substances



MH





16 05 09


discarded chemicals other than those mentioned in 16 05 06, 16 05 07 or 16 05 08



MNH








16 06




batteries and accumulators



 




16 06 01*


lead batteries



AH





16 06 02*


Ni-Cd batteries



AH





16 06 03*


mercury-containing batteries



AH





16 06 04


alkaline batteries (except 16 06 03)



ANH





16 06 05


other batteries and accumulators



ANH





16 06 06*


separately collected electrolyte from batteries and accumulators



AH








16 07




wastes from transport tank, storage tank and barrel cleaning (except 05 and 13)



 




16 07 08*


wastes containing oil



AH
B





16 07 09*


wastes containing other hazardous substances



AH
B





16 07 99


wastes not otherwise specified



ANH
B








16 08




spent catalysts



 




16 08 01


spent catalysts containing gold, silver, rhenium, rhodium, palladium, iridium or platinum (except 16 08 07)



MNH





16 08 02*


spent catalysts containing hazardous transition metals or hazardous transition metal compounds



MH





16 08 03


spent catalysts containing transition metals or transition metal compounds not otherwise specified



MNH





16 08 04


spent fluid catalytic cracking catalysts (except 16 08 07)



MNH





16 08 05*


spent catalysts containing phosphoric acid



AH
B





16 08 06*


spent liquids used as catalysts



AH





16 08 07*


spent catalysts contaminated with hazardous substances



MH








16 09




oxidising substances



 




16 09 01*


permanganates, for example potassium permanganate



AH





16 09 02*


chromates, for example potassium chromate, potassium or sodium dichromate



AH





16 09 03*


peroxides, for example hydrogen peroxide



AH





16 09 04*


oxidising substances, not otherwise specified



AH








16 10




aqueous liquid wastes destined for off-site treatment



 




16 10 01*


aqueous liquid wastes containing hazardous substances



MH





16 10 02


aqueous liquid wastes other than those mentioned in 16 10 01



MNH





16 10 03*


aqueous concentrates containing hazardous substances



MH





16 10 04


aqueous concentrates other than those mentioned in 16 10 03



MNH








16 11




waste linings and refractories



 




16 11 01*


carbon-based linings and refractories from metallurgical processes containing hazardous substances



MH





16 11 02


carbon-based linings and refractories from metallurgical processes others than those mentioned in 16 11 01



MNH





16 11 03*


other linings and refractories from metallurgical processes containing hazardous substances



MH





16 11 04


other linings and refractories from metallurgical processes other than those mentioned in 16 11 03



MNH





16 11 05*


linings and refractories from non-metallurgical processes containing hazardous substances



MH





16 11 06


linings and refractories from non-metallurgical processes others than those mentioned in 16 11 05



MNH







17


CONSTRUCTION AND DEMOLITION WASTES (INCLUDING EXCAVATED SOIL FROM CONTAMINATED SITES)


 







17 01




concrete, bricks, tiles and ceramics



 




17 01 01


Concrete



MNH
A





17 01 02


Bricks



MNH
A





17 01 03


tiles and ceramics



MNH
A





17 01 06*


mixtures of, or separate fractions of concrete, bricks, tiles and ceramics containing hazardous substances



MH





17 01 07


mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 17 01 06



MNH








17 02




wood, glass and plastic



 




17 02 01


Wood



MNH





17 02 02


Glass



MNH





17 02 03


Plastic



MNH





17 02 04*


glass, plastic and wood containing or contaminated with hazardous substances



MH








17 03




bituminous mixtures, coal tar and tarred products



 




17 03 01*


bituminous mixtures containing coal tar



MH





17 03 02


bituminous mixtures other than those mentioned in 17 03 01



MNH





17 03 03*


coal tar and tarred products



AH








17 04




metals (including their alloys)



 




17 04 01


copper, bronze, brass



MNH
A





17 04 02


Aluminium



MNH
A





17 04 03


Lead



MNH
A





17 04 04


Zinc



MNH
A





17 04 05


iron and steel



MNH
A





17 04 06


Tin



MNH
A





17 04 07


mixed metals



MNH
A





17 04 09*


metal waste contaminated with hazardous substances



MH
A





17 04 10*


cables containing oil, coal tar and other hazardous substances



MH





17 04 11


cables other than those mentioned in 17 04 10



MNH








17 05




soil (including excavated soil from contaminated sites), stones and dredging spoil



 




17 05 03*


soil and stones containing hazardous substances



MH





17 05 04


soil and stones other than those mentioned in 17 05 03



MNH





17 05 05*


dredging spoil containing hazardous substances



MH





17 05 06


dredging spoil other than those mentioned in 17 05 05



MNH





17 05 07*


track ballast containing hazardous substances



MH





17 05 08


track ballast other than those mentioned in 17 05 07



MNH








17 06




insulation materials and asbestos-containing construction materials



 




17 06 01*


insulation materials containing asbestos



MH





17 06 03*


other 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





17 06 05*


construction materials containing asbestos



AH
B








17 08




gypsum-based construction material



 




17 08 01*


gypsum-based construction materials contaminated with hazardous substances



MH





17 08 02


gypsum-based construction materials other than those mentioned in 17 08 01



MNH








17 09




other construction and demolition wastes



 




17 09 01*


construction and demolition wastes containing mercury



MH





17 09 02*


construction and demolition wastes containing PCB (for example PCB-containing sealants, PCB-containing resin-based floorings, PCB-containing sealed glazing units, PCB-containing capacitors)



MH





17 09 03*


other construction and demolition wastes (including mixed wastes) containing hazardous substances



MH





17 09 04


mixed construction and demolition wastes other than those mentioned in 17 09 01, 17 09 02 and 17 09 03



MNH







18


WASTES FROM HUMAN OR ANIMAL HEALTH CARE AND/OR RELATED RESEARCH (except kitchen and restaurant wastes not arising from immediate health care)


 







18 01




wastes from natal care, diagnosis, treatment or prevention of disease in humans



 




18 01 01


sharps (except 18 01 03)



MNH
B





18 01 02


body parts and organs including blood bags and blood preserves (except 18 01 03)



MNH
B





18 01 03*


wastes whose collection and disposal is subject to special requirements in order to prevent infection



MH
B





18 01 04


wastes whose collection and disposal is not subject to special requirements in order to prevent infection (for example dressings, plaster casts, linen, disposable clothing, diapers)



MNH
B





18 01 06*


chemicals consisting of or containing hazardous substances



MH





18 01 07


chemicals other than those mentioned in 18 01 06



MNH





18 01 08*


cytotoxic and cytostatic medicines



MH
B





18 01 09


medicines other than those mentioned in 18 01 08



MNH
B





18 01 10*


amalgam waste from dental care



AH








18 02




wastes from research, diagnosis, treatment or prevention of disease involving animals



 




18 02 01


sharps (except 18 02 02)



MNH
B





18 02 02*


wastes whose collection and disposal is subject to special requirements in order to prevent infection



MH
B





18 02 03


wastes whose collection and disposal is not subject to special requirements in order to prevent infection



MNH
B





18 02 05*


chemicals consisting of or containing hazardous substances



MH





18 02 06


chemicals other than those mentioned in 18 02 05



MNH





18 02 07*


cytotoxic and cytostatic medicines



MH
B





18 02 08


medicines other than those mentioned in 18 02 07



MNH
B







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


 







19 01




wastes from incineration or pyrolysis of waste



 




19 01 02


ferrous materials removed from bottom ash



ANH





19 01 05*


filter cake from gas treatment



AH





19 01 06*


aqueous liquid wastes from gas treatment and other aqueous liquid wastes



AH





19 01 07*


solid wastes from gas treatment



AH





19 01 10*


spent activated carbon from flue-gas treatment



AH





19 01 11*


bottom ash and slag containing hazardous substances



MH





19 01 12


bottom ash and slag other than those mentioned in 19 01 11



MNH





19 01 13*


fly ash containing hazardous substances



MH





19 01 14


fly ash other than those mentioned in 19 01 13



MNH





19 01 15*


boiler dust containing hazardous substances



MH





19 01 16


boiler dust other than those mentioned in 19 01 15



MNH





19 01 17*


pyrolysis wastes containing hazardous substances



MH





19 01 18


pyrolysis wastes other than those mentioned in 19 01 17



MNH





19 01 19


sands from fluidised beds



ANH





19 01 99


wastes not otherwise specified



ANH








19 02




wastes from physico/chemical treatments of waste (including dechromatation, decyanidation, neutralisation)



 




19 02 03


premixed wastes composed only of non-hazardous wastes



ANH





19 02 04*


premixed wastes composed of at least one hazardous waste



AH





19 02 05*


sludges from physico/chemical treatment containing hazardous substances



MH





19 02 06


sludges from physico/chemical treatment other than those mentioned in 19 02 05



MNH





19 02 07*


oil and concentrates from separation



AH





19 02 08*


liquid combustible wastes containing hazardous substances



MH





19 02 09*


solid combustible wastes containing hazardous substances



MH





19 02 10


combustible wastes other than those mentioned in 19 02 08 and 19 02 09



MNH





19 02 11*


other wastes containing hazardous substances



AH
B





19 02 99


wastes not otherwise specified



ANH








19 03




stabilised/solidified wastes



 




19 03 04*


wastes marked as hazardous, partly stabilised other than 19 03 08



MH
B





19 03 05


stabilised wastes other than those mentioned in 19 03 04



MNH
B





19 03 06*


wastes marked as hazardous, solidified



MH
B





19 03 07


solidified wastes other than those mentioned in 19 03 06



MNH
B





19 03 08* (5)



partly stabilised mercury



AH








19 04




vitrified waste and wastes from vitrification



 




19 04 01


vitrified waste



ANH





19 04 02*


fly ash and other flue-gas treatment wastes



AH





19 04 03*


non-vitrified solid phase



AH





19 04 04


aqueous liquid wastes from vitrified waste tempering



ANH








19 05




wastes from aerobic treatment of solid wastes



 




19 05 01


non-composted fraction of municipal and similar wastes



ANH





19 05 02


non-composted fraction of animal and vegetable waste



ANH





19 05 03


off-specification compost



ANH





19 05 99


wastes not otherwise specified



ANH








19 06




wastes from anaerobic treatment of waste



 




19 06 03


liquor from anaerobic treatment of municipal waste



ANH





19 06 04


digestate from anaerobic treatment of municipal waste



ANH





19 06 05


liquor from anaerobic treatment of animal and vegetable waste



ANH





19 06 06


digestate from anaerobic treatment of animal and vegetable waste



ANH





19 06 99


wastes not otherwise specified



ANH








19 07




landfill leachate



 




19 07 02*


landfill leachate containing hazardous substances



MH





19 07 03


landfill leachate other than those mentioned in 19 07 02



MNH








19 08




wastes from waste water treatment plants not otherwise specified



 




19 08 01


Screenings



ANH





19 08 02


waste from desanding



ANH





19 08 05


sludges from treatment of urban waste water



ANH





19 08 06*


saturated or spent ion exchange resins



AH





19 08 07*


solutions and sludges from regeneration of ion exchangers



AH





19 08 08*


membrane system waste containing heavy metals



MH





19 08 09


grease and oil mixture from oil/water separation containing only edible oil and fats



MNH
B





19 08 10*


grease and oil mixture from oil/water separation other than those mentioned in 19 08 09



MH
B





19 08 11*


sludges containing hazardous substances from biological treatment of industrial waste water



MH





19 08 12


sludges from biological treatment of industrial waste water other than those mentioned in 19 08 11



MNH





19 08 13*


sludges containing hazardous substances from other treatment of industrial waste water



MH





19 08 14


sludges from other treatment of industrial waste water other than those mentioned in 19 08 13



MNH





19 08 99


wastes not otherwise specified



MNH








19 09




wastes from the preparation of water intended for human consumption or water for industrial use



 




19 09 01


solid waste from primary filtration and screenings



ANH





19 09 02


sludges from water clarification



ANH





19 09 03


sludges from decarbonation



ANH





19 09 04


spent activated carbon



ANH





19 09 05


saturated or spent ion exchange resins



ANH





19 09 06


solutions and sludges from regeneration of ion exchangers



ANH





19 09 99


wastes not otherwise specified



ANH








19 10




wastes from shredding of metal-containing wastes



 




19 10 01


iron and steel waste



ANH





19 10 02


non-ferrous waste



ANH





19 10 03*


fluff-light fraction and dust containing hazardous substances



MH





19 10 04


fluff-light fraction and dust other than those mentioned in 19 10 03



MNH





19 10 05*


other fractions containing hazardous substances



MH





19 10 06


other fractions other than those mentioned in 19 10 05



MNH








19 11




wastes from oil regeneration



 




19 11 01*


spent filter clays



AH





19 11 02*


acid tars



AH





19 11 03*


aqueous liquid wastes



AH





19 11 04*


wastes from cleaning of fuel with bases



AH





19 11 05*


sludges from on-site effluent treatment containing hazardous substances



MH





19 11 06


sludges from on-site effluent treatment other than those mentioned in 19 11 05



MNH





19 11 07*


wastes from flue-gas cleaning



AH





19 11 99


wastes not otherwise specified



ANH








19 12




wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified



 




19 12 01


paper and cardboard



ANH





19 12 02


ferrous metal



ANH





19 12 03


non-ferrous metal



ANH





19 12 04


plastic and rubber



ANH





19 12 05


Glass



ANH





19 12 06*


wood containing hazardous substances



MH





19 12 07


wood other than that mentioned in 19 12 06



MNH





19 12 08


Textiles



ANH





19 12 09


minerals (for example sand, stones)



ANH





19 12 10


combustible waste (refuse derived fuel)



ANH





19 12 11*


other wastes (including mixtures of materials) from mechanical treatment of waste containing hazardous substances



MH





19 12 12


other wastes (including mixtures of materials) from mechanical treatment of wastes other than those mentioned in 19 12 11



MNH








19 13




wastes from soil and groundwater remediation



 




19 13 01*


solid wastes from soil remediation containing hazardous substances



MH





19 13 02


solid wastes from soil remediation other than those mentioned in 19 13 01



MNH





19 13 03*


sludges from soil remediation containing hazardous substances



MH





19 13 04


sludges from soil remediation other than those mentioned in 19 13 03



MNH





19 13 05*


sludges from groundwater remediation containing hazardous substances



MH





19 13 06


sludges from groundwater remediation other than those mentioned in 19 13 05



MNH





19 13 07*


aqueous liquid wastes and aqueous concentrates from groundwater remediation containing hazardous substances



MH





19 13 08


aqueous liquid wastes and aqueous concentrates from groundwater remediation other than those mentioned in 19 13 07



MNH







20


MUNICIPAL WASTES (HOUSEHOLD WASTE AND SIMILAR COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL WASTES) INCLUDING SEPARATELY COLLECTED FRACTIONS


 







20 01




separately collected fractions (except 15 01)



 




20 01 01


paper and cardboard



ANH





20 01 02


Glass



ANH





20 01 08


biodegradable kitchen and canteen waste



ANH





20 01 10


Clothes



ANH





20 01 11


Textiles



ANH





20 01 13*


Solvents



AH





20 01 14*


Acids



AH





20 01 15*


Alkalines



AH





20 01 17*


Photochemicals



AH





20 01 19*


Pesticides



AH





20 01 21*


fluorescent tubes and other mercury-containing waste



AH
A





20 01 23*


discarded equipment containing chlorofluorocarbons



AH
A





20 01 25


edible oil and fat



MNH
B





20 01 26*


oil and fat other than those mentioned in 20 01 25



MH
B





20 01 27*


paint, inks, adhesives and resins containing hazardous substances



MH





20 01 28


paint, inks, adhesives and resins other than those mentioned in 20 01 27



MNH





20 01 29*


detergents containing hazardous substances



MH





20 01 30


detergents other than those mentioned in 20 01 29



MNH





20 01 31*


cytotoxic and cytostatic medicines



MH





20 01 32


medicines other than those mentioned in 20 01 31



MNH
B





20 01 33*


batteries and accumulators included in 16 06 01, 16 06 02 or 16 06 03 and unsorted batteries and accumulators containing these batteries



MH
B





20 01 34


batteries and accumulators other than those mentioned in 20 01 33



MNH
B





20 01 35*


discarded electrical and electronic equipment other than those mentioned in 20 01 21 and 20 01 23 containing hazardous components (#)



MH
B





20 01 36


discarded electrical and electronic equipment other than those mentioned in 20 01 21, 20 01 23 and 20 01 35



MNH
B





20 01 37*


wood containing hazardous substances



MH





20 01 38


wood other than that mentioned in 20 01 37



MNH





20 01 39


Plastics



ANH





20 01 40


Metals



ANH





20 01 41


wastes from chimney sweeping



ANH





20 01 99


other fractions not otherwise specified



ANH








20 02




garden and park wastes (including cemetery waste)



 




20 02 01


biodegradable waste



ANH





20 02 02


soil and stones



ANH





20 02 03


other non-biodegradable wastes



ANH








20 03




other municipal wastes



 




20 03 01


mixed municipal waste



ANH





20 03 02


waste from markets



ANH





20 03 03


street-cleaning residues



ANH





20 03 04


septic tank sludge



ANH





20 03 06


waste from sewage cleaning



ANH





20 03 07


bulky waste



ANH





20 03 99


municipal wastes not otherwise specified



ANH








1.3.   
Examples of the classification of complex entries


This chapter presents additional information and examples providing guidance on characterisation approaches to be followed for some of the more problematic and complex entries, in particular packaging waste, waste from electrical and electronic equipment (WEEE) and end of life vehicles (ELV).
1.3.1.   Packaging waste and contents

Separately collected packaging waste is to be allocated under sub-chapter 15 01. Such waste must not be classified under sub-chapter 20 01, as the heading of sub-chapter 20 01 explicitly excludes sub-chapter 15 01. Under sub-chapter 15 01 the following MNH entries are contained:







15 01 01


paper and cardboard packaging


MNH




15 01 02


plastic packaging


MNH




15 01 03


wooden packaging


MNH




15 01 04


metallic packaging


MNH




15 01 05


composite packaging


MNH




15 01 06


mixed packaging


MNH




15 01 07


glass packaging


MNH




15 01 09


textile packaging


MNH




The following MH entries are provided:







15 01 10*


packaging containing residues of or contaminated by hazardous substances


MH




15 01 11*


metallic packaging containing a dangerous solid porous matrix (for example asbestos), including empty pressure containers


MH




Before it is decided which entry for packaging waste is most suitable, one has to assess whether the waste actually should be classified as packaging waste at all, or rather be classified according to its content. Figure 2 of this Annex, which is based on the UK waste classification guidance (6) (hereinafter ‘the UK Guidance’) provides a flow chart supporting this decision. Please note that derogations from the flow chart presented in Figure 2 may be possible, e.g. for mixed packaging from households after considering Member State specific conventions and approaches. For example, the Flanders Waste Classification Guidance (7) (hereinafter ‘the OVAM Guidance’) states that mixed packaging waste which is cleaned at a licensed company and thus can be assumed that no hazardous residues are contained by the packaging waste, can be classified as non-hazardous.



In order to allocate the sub-chapter 15 01 it is necessary to determine whether the packaging/container is nominally empty (cf. Step P1 and P2 in Figure 2). It is suggested to understand ‘nominally empty’ in the sense that the product's contents were effectively removed. This removal can be achieved by draining or scraping. The circumstance that minimal residues of the contents are present in the packaging waste does not preclude the packaging waste to qualify as ‘nominally empty’ and does not prohibit the packaging waste from falling under subchapter 15 01 packaging waste.
To decide upon the question whether packaging is nominally empty, practical approaches applied in individual Member States can be used. For example in Austria related to packaging ‘completely emptying’ means proper emptying (‘free of trickles’ such as leftover powder, sludge and drops; brush clean, spatula clean) except for unavoidable residues, without applying additional measures (such as heating). The term does not include cleaning of containers. A container has been emptied completely, if in the case of a renewed attempt of emptying, such as inverting the container no longer drops or solid remains are released.
When the packaging contains residual material that cannot be removed by normal standards (e.g. due to size of aperture or nature of material), then the waste should not be classified as packaging waste but as the residual material waste (e.g. half empty tin of solidified varnish might be classified as 08 01 11*).
In the case that waste containers are washed to remove the contents, further considerations should be taken to ensure an environmentally sound method is used.
If the packaging is nominally empty, it should be checked if it is metallic packaging which contains a dangerous solid porous matrix (e.g. asbestos in old fireproof packaging material), including empty pressure containers (Step P3 in Figure 2). Such metallic packaging needs to be assigned to code 15 01 11*.
With respect to steps P4a and P4b in Figure 2 above, it has to be noted that packaging which is nominally empty but which still can contain small quantities of residues can be either hazardous because (1) it displays hazardous properties because of the remaining residues OR because (2) it displays hazardous properties because of the packaging material itself (of which the packaging is manufactured) because it is contaminated with hazardous substances from the manufacturing process (e.g. with impregnating agents, stabilisers, flame retardants, plasticisers, pigments) or during the use phase.
Accordingly, it has to be assessed in Step P4a whether the waste displays hazardous properties due to the remaining residues and, in Step 4b, whether the packaging material itself displays hazardous properties. Calculations whether threshold limits defined in Annex III to the WFD, based on hazard statement codes, are exceeded, should be based on the weight of the waste as it is when the classification of the waste is undertaken (i.e. a comparison would be made between the amount of contained hazardous substances against the total weight of the nominally empty packaging plus the leftover residue). If hazardous properties can be related to the residue or to the packaging material itself, entry 15 01 10* will apply. Otherwise a non-hazardous entry according to the packaging's material needs to be assigned (codes 15 01 01 to 15 01 09) (8).
1.3.2.   Waste from electrical and electronic equipment (WEEE)

In the LoW, there are two chapters explicitly referring to WEEE:






16


wastes not otherwise specified in the list




20


municipal wastes (household waste and similar commercial, industrial and institutional wastes) including separately collected fractions




According to the structure presented in Section 1.1 of this Annex, Chapter 20 of the LoW takes precedence over its chapter 16. In sub-chapter 20 01, separately collected WEEE from municipal waste can be allocated to the following hazardous entries:







20 01 21*


fluorescent tubes and other mercury-containing waste


AH




20 01 23*


discarded equipment containing chlorofluorocarbons


AH




20 01 35*


discarded electrical and electronic equipment other than those mentioned in 20 01 21 and 20 01 23 containing hazardous components


MH




MNH entries are the following ones:







20 01 36


discarded electrical and electronic equipment other than those mentioned in 20 01 21, 20 01 23 and 20 01 35.


MNH




If WEEE arises from a commercial/industrial source and cannot be seen as ‘similar commercial, industrial and institutional waste’, it thus cannot be allocated to an entry of chapter 20. Instead the following MH entries exist in chapter 16:







16 02 09*


transformers and capacitors containing PCBs


MH




16 02 10*


discarded equipment containing or contaminated by PCBs other than those mentioned in 16 02 09*


MH




16 02 11*


discarded equipment containing chlorofluorocarbons, HCFC, HFC


MH




16 02 12*


discarded equipment containing free asbestos


MH




16 02 13*


discarded equipment containing hazardous components other than those mentioned in 16 02 09* to 16 02 12*


MH




16 02 15*


Hazardous components removed from discarded equipment


MH




MNH entries are the following ones:







16 02 14


discarded equipment other than those mentioned in 16 02 09 to 16 02 13


MNH




16 02 16


components removed from discarded equipment other than those mentioned in 16 02 15


MNH




If there are more specific entries for the characterisation of certain fractions of WEEE in the LoW, those entries should be used for classification, e.g. batteries and accumulators stemming from WEEE may be allocated to sub-chapter 16 06 (batteries and accumulators). Additionally, different entries apart from chapters 16 and 20 of the LoW will have to be used for fractions generated during the treatment process of WEEE (Figure 3) (9).



Please note that the threshold values based on hazard statement codes refer to the state of the waste as it is when the classification of the waste is undertaken (i.e. the state in which it is usually transferred and subsequently managed). For the case of WEEE this might imply that if whole appliances are to be classified, the weight of the appliance has to be considered as basis for the applied concentration limits of hazardous substance. If separated fractions have to be classified (e.g. after selective treatment) the weight of the separated fractions are to be considered as basis for the applied concentration limits.






Labelling and record keeping of WEEE and batteries

Please note that labelling and record keeping obligations stemming from WFD do not apply to separate fractions of hazardous waste produced by households until they are accepted for collection, disposal or recovery by an establishment or an undertaking which has obtained a permit or has been registered in accordance with the WFD. Since collection points established under the WEEE or the Batteries Directive, in accordance with and under the preconditions of the two Directives, are not subject to the registration or permit requirements, the said obligations do not apply to these collection points but only once WEEE or waste batteries are accepted for collection, disposal or recovery at a waste treatment facility.











Box 2:



Labelling and record keeping requirements for WEEE and batteries




1.3.3.   End-of-life vehicles (ELV)

End-of-life vehicles are covered within the LoW in chapter 16 and in particular in sub-chapter 16 01. For whole vehicles two entries are relevant:







16 01 04*


end-of-life vehicles


AH




16 01 06


end-of-life vehicles, containing neither liquids nor other hazardous components


ANH




Treatment processes within a facility for ELV are described in Figure 4. Depending on the treatment steps, different entries of the LoW (not from sub-chapter 16 01) come into play for fractions originally stemming from ELV.



1.4.   
Examples for the assessment of specific constituents of specific waste types


This chapter presents additional information and examples for the assessment of specific constituents of specific waste types. In the following, certain waste types or pollutants will be investigated and difficulties with classification encountered will be explained. Main entries of the LoW used for the classification will be presented. Please note that the described applicable entries will not be exclusive.
Reference can also be made to guidance documents on MS level which may contain further examples, e.g. the UK Guidance and the OVAM Guidance (10) present further examples on waste oils and contaminated soils.
1.4.1.   Organic constituents and specific chemical compounds

The following example provides general guidance on the classification of waste containing organic ingredients and specific chemical compounds such as PAH (Polycyclic Aromatic Hydrocarbons), BTEX (Benzene, Toluene, Ethylbenzene and Xylene) or other hydrocarbons.

General information

Polycyclic aromatic hydrocarbons (PAH) describe substances (components may include for instance: Acenaphtene, Anthracene, Fluorene, Pyrene, etc.) that are often found together in groups of two or more (11).
BTEX (acronym for Benzene, Toluene, Ethylbenzene and Xylene) is a group of related volatile organic compounds (12). In some definitions found in literature it is only referred to BTX, where ethylbenzene is not included.
Hydrocarbons are compounds of hydrogen and carbon in various combinations that are present in petroleum products and natural gas. Some hydrocarbons are major air pollutants, some may be carcinogenic and others contribute to photochemical smog (13).

Main origin

PAHs are created when products like coal, oil, gas, and waste are burned but the combustion process is not complete. Examples are fumes from vehicle exhaust, coal production plants or other facilities burning coal, petroleum, oil or wood. Most PAHs are used to conduct research. However, some PAHs are used to make dyes, plastics, and pesticides. Some are used in medicines (14).
BTEX are made up of naturally-occurring chemicals that are found mainly in petroleum products such as gasolines or naphtha. BTEX can enter the environment from leaking underground storage tanks (UST's), overfills of storage tanks, fuel spills from auto accidents and from landfills.
Benzene can be found in gasoline and in products such as synthetic rubber, plastics, nylon, insecticides, paints, dyes, resins-glues, furniture wax, detergents and cosmetics. Other sources are auto exhaust, industrial emissions and cigarette smoke. Toluene occurs naturally as a component of many petroleum products. Toluene is used as a solvent for paints, coatings, gums, oils and resins. Xylenes are used in gasoline and as a solvent in printing, rubber and leather industries (15).
Origins of waste containing hydrocarbons are industrial sites and combustion plants, motor vehicles and other gasoline-powered equipment, e.g. aircrafts or construction equipment (16).

Aspects to be considered for waste classification

Table 4 presents the hazard statement code(s), hazard class and category codes for benzene, toluene, ethylbenzene and xylenes.

Table 4


Hazard Statement Code(s), Hazard Class and Category Code(s) for BTEX according to Table 3 of Part 3 of Annex VI to the CLP Regulation









International Chemical Identification


CAS No.


Hazard Statement Code(s)


Hazard Class and Category Code(s)




Benzene


71-43-2


H225
H350
H340
H372 **
H304
H319
H315


Flam. Liq. 2
Carc. 1A
Muta. 1B
STOT RE 1
Asp. Tox. 1
Eye Irrit. 2
Skin Irrit. 2




Toluene


108-88-3


H225
H361d ***
H304
H373 **
H315
H336


Flam. Liq. 2
Repr. 2
Asp. Tox. 1
STOT RE 2 *
Skin Irrit. 2
STOT SE 3




Ethylbenzene


100-41-4


H225
H304
H332
H373 (hearing organs)


Flam. Liq. 2
Asp. Tox. 1
Acute Tox. 4 *
STOT RE 2





o-xylene

p-xylene

m-xylene
Xylene


95-47-6
106-42-3
108-38-3
1330-20-7


H226
H332
H312
H315


Flam. Liq. 3
Acute Tox. 4 *
Acute Tox. 4 *
Skin Irrit. 2




According to CLP, Table 3: An asterisk (*) indicates a minimum classification. Classification can be further refined based on new information. Two asterisks (**) indicate that information about the route of exposure is not conclusive. Three asterisks (***) indicate that in order not to lose information from the harmonised classifications for fertility and developmental effects under Directive 67/548/EEC, the classifications have been translated only for those effects classified under that Directive.




Regarding organic compounds, sum parameters like PAH, BTEX and hydrocarbons (the latter sometimes referred also as ‘mineral oils’ or total petroleum hydrocarbons (TPH) are often applied in practical waste analysis. The CLP Regulation does not recognise these as group entries for which a classification could be assigned.
The LoW specifies that ‘where applicable the following notes included in Annex VI to Regulation (EC) No 1272/2008 may be taken into account when establishing the hazardous properties of wastes: 1.1.3.1. Notes relating to the identification, classification and labelling of substances: Notes B, D, F, J, L, M, P, Q, R, and U.’ Relevant to this respect are notes M and L. Therefore benzo[a]pyrene can be used as a marker compound representing PAH for carcinogenicity for certain coal tar entries. For hazard statement code(s), hazard class and category code(s) of benzo[a]pyrene please refer to Table 5. More information on the usage of PAH and benzo[a]pyrene for the example of coal tar can be found in Section 1.4.5 below.

Table 5


Hazard Statement Code(s), Hazard Class and Category Code(s) for benzo[a]pyrene according to Table 3 of Part 3 of Annex VI to the CLP Regulation









International Chemical Identification


CAS No.


Hazard Statement Code(s)


Hazard Class and Category Code(s)




Benzo[a]pyrene
Benzo[def]chrysene


50-32-8


H350
H340
H360FD
H317
H400
H410


Carc. 1B
Muta. 1B
Repr. 1B
Skin Sens. 1
Aquatic Acute 1
Aquatic Chronic 1




1.4.2.   Substances that deplete the ozone layer

The following section provides general guidance on the classification of waste containing substances that deplete the ozone layer (ODS).

General information

ODS generally contain chlorine, fluorine, bromine, carbon, and hydrogen in varying proportions and are often described by the general term halocarbons. Chlorofluorocarbons (CFCs), carbon tetrachloride, and methyl chloroform are important human-produced ozone-depleting gases. Another important group of human-produced halocarbons are the halons, which contain carbon, bromine, fluorine, and (in some cases) chlorine. Most known substances with a significant ozone depleting potential are covered by the Montreal Protocol which aims to phase out ODS. The corresponding EU legislation is Regulation (EC) No 1005/2009 on substances that deplete the ozone layer (17) (see paragraph below).
These substances have a significant potential to harm the ozone layer for two reasons. The first is that they do not break down in the lower atmosphere — they can remain in the atmosphere for long time periods. The second is that they contain chlorine and/or bromine and thus help the natural reactions that destroy ozone (18).

Main origin

Ozone depleting substances were, and still are used in many applications including refrigeration, air conditioning, foam blowing, cleaning of electronics components, manufacture of solvents and as components of fire extinguishers.
Main sources for waste containing ODS which in practice cause problems in their classification are foams from disposed refrigerators and construction and demolition wastes (e.g. waste containing PCB).

Applicable entries of the LoW

A non-exhaustive list of main entries applicable for wastes containing ODS is presented below:







14 06 01*


chlorofluorocarbons, HCFC, HFC


AH




14 06 02*


other halogenated solvents and solvent mixtures


AH




16 02 11*


discarded equipment containing chlorofluorocarbons, HCFC, HFC


MH




16 02 14


discarded equipment other than those mentioned in 16 02 09 to 16 02 13


MNH




16 05 04*


gases in pressure containers (including halons) containing hazardous substances


MH




16 05 05


gases in pressure containers other than those mentioned in 16 05 04


MNH




17 06 03*


other 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




20 01 23*


discarded equipment containing chlorofluorocarbons, HCFC, HFC


AH




Further entries may be applicable, e.g. 15 01 10* (packaging containing residues of or contaminated by hazardous substances) in case the packaging contains residues of ODS, e.g. old spray cans.

Aspects to be considered for waste classification

Annex I (controlled substances) and II (new substances) of Regulation (EC) No 1005/2009 provides a list of substances to be classified as ODS and their respective ozone-depleting potential.
Aforementioned mainly relevant entries 14 06 01* and 14 06 02* are AH entries. As a consequence, wastes assigned with these entries are classified as hazardous without further assessment (even if they would not display hazardous properties). However, the hazardous properties will have to be assessed e.g. for filling a consignment note.
In case of old insulation foams as used in construction that might contain ODS, a decision between the MH entry (17 06 03*) and the MNH entry (17 06 04) needs to be made. For this decision between a MH or a MNH entry, the relevant hazardous property is HP 14 ‘Ecotoxic’ (cf. Section 3.14). As harmonised classification approach for HP 14 currently available on EU level (see Section 3.14) enters into force on 5 July 2018, before this date the MS approaches need to be considered for the assessment of waste containing ODS.
As a provisional measure, some MS apply a concentration limit of 0,1 %, stemming from the former EU chemical legislation (DSD (19) or DPD (20) respectively). The latter directive laid down, that the generic concentration limit for substances (in a preparation), classified as hazardous to the ozone layer (N, R59), that trigger classification of the mixture as hazardous to the ozone layer, lies at 0,1 %. For the decision between a MH and a MNH entry, this means that waste containing 0,1 % or more of ODS will have to be classified as hazardous by HP 14. Thereby the concentration limit of 0,1 % is related to an individual ODS not to the total of such substances.
1.4.3.   Asbestos

The following example provides general guidance on the classification of waste containing asbestos.

General information

Asbestos is a mineralogical name which describes certain fibrous silicates belonging to the mineralogical group of the serpentine and the amphibole minerals and those are crystallized in the so-called asbestiform form. The minerals that fall under this definition are: amosite, crocidolite, anthophyllite, chrysotile, fibre-shaped actinolite and tremolite (21).

Main origin

The use of asbestos including chrysotile is in practice completely banned in the EU since 2005 (see restriction entry 6 in Annex XVII to the REACH Regulation). However, asbestos is still a substance of concern as there were numerous recorded uses of asbestos and it still can be found inter alia in insulation, as a constituent of cement, in industrial buildings, plants, private homes, ships, heating and cooling systems and work equipment.

Applicable entries of the LoW

A non-exhaustive list of main entries applicable for wastes containing asbestos is presented below:







06 07 01*


wastes containing asbestos from electrolysis


MH




06 13 04*


wastes from asbestos processing (22)



AH




10 13 09*


wastes from asbestos-cement manufacture containing asbestos (22)



MH




10 13 10


wastes from asbestos-cement manufacture other than those mentioned in 10 13 09 (22)



MNH




15 01 11*


metallic packaging containing a hazardous solid porous matrix (for example asbestos), including empty pressure containers


MH




16 01 11*


brake pads containing asbestos


MH




16 02 12*


discarded equipment containing free asbestos


MH




17 06 01*


insulation materials containing asbestos


MH




17 06 05*


construction materials containing asbestos


AH




Please note that there are further applicable LoW entries not literally mentioning asbestos, e.g. for contaminated soils containing asbestos fibres and demolition waste containing asbestos cement (17 05 03* and 17 05 04).

Aspects to be considered for waste classification

For a decision between a MH or a MNH entry, the relevant hazardous property is HP 7 ‘Carcinogenic’. Asbestos is classified according to the CLP Regulation with hazard class ‘Carc. 1A’ and category code ‘STOT RE 1’ corresponding to hazard statement codes H350 and H372. Following Annex III to the WFD (cf. Annex 3, Section 3.7) the concentration limit for H350 is 0,1 %.
As a consequence, waste containing 0,1 % or more of asbestos will have to be classified as hazardous by HP 7. Please note that the identification of asbestos waste usually is done on the basis of knowledge on the material and expert judgement. However, there might be methods for determination on MS level, e.g. the official method for the determination of asbestos in Italy is DM 06/09/1994 GU no 288 10/12/1994 with the technique DRX, SEM or FT-IR where DRX is considered to be most suitable for bulky material and waste.
Materials containing asbestos, for example a sheet of insulation material, is classified under the appropriate code for that asbestos waste. Member States may provide additional guidance on this, and require that the asbestos is assessed/classified separately from the waste it is mixed with.
1.4.4.   Wastes containing CaO and Ca(OH)2


The following example provides general guidance on the classification of waste containing calcium oxide CaO and calcium hydroxide Ca(OH)2.

General information

CaO (also called lime or quicklime) may take the form of odourless crystals, white or greyish- white lumps, or granular powder. The commercial material may have a yellowish or brownish tint because of its iron content.
Ca(OH)2 (also called hydrated lime) is a soft white, powder or granule and non-combustible.

Main origin

Calcium oxide and calcium hydroxide are used in similar industries and applications:






—


Use as raw material in the preparation of chlorinated lime, bleaching powder, and calcium salts. Also used as a binding agent for the manufacture of several products such as cement, and other building and paving materials.










—


Used for water treatment and for the treatment of waste effluents from different industries.










—


Used as a scrubbing and neutralizing agents in the chemical and petrochemical industry.










—


Large volumes of calcium oxide and calcium hydroxide are generated in combustion processes and can be found in the leftover ash.










—


Involved in different operations in the following industries: iron and steel manufacturing (as well as other metals), ammonia synthesis, metal ores refining, manufacture of fine chemicals (e.g. pharmaceuticals, lubricants), pulp and paper industry, leather manufacturing, etc.





Applicable entries of the LoW

There are many entries where wastes containing CaO/Ca(OH)2 could be allocated. A non-exhaustive list of applicable entries is presented below. Relevant entries for wastes containing CaO/Ca(OH)2 can mainly be found in the following sub-chapters:






10 01


wastes from power stations and other combustion plants (except 19)




10 02


wastes from the iron and steel industry




10 13


wastes from manufacture of cement, lime and plaster and articles and products made from them




Please refer to Annex 1, Section 1.2.1 above to check which entries of the aforementioned sub-chapters are referred to as ANH, AH, MNH or MH entries.
When CaO/Ca(OH)2 is used for scrubbing flue gas in thermal disposal of waste, the following entry may apply for the solid residues (also taking into account the potential presence of other hazardous substances in the flue gas):







19 01 07*


solid waste from gas treatment


AH




Additional entries may apply for wastes containing CaO/Ca(OH)2. Entry 06 02 01* calcium hydroxide for instance needs to be assigned for wastes containing Ca(OH)2 resulting from manufacture, formulation, supply and use of bases.

Aspects to be considered for waste classification

While choosing the appropriate entry for a waste containing CaO/Ca(OH)2, please note that absolute non-hazardous entries will be non-hazardous. This means no further assessment on hazardous properties is necessary in order to determine whether the hazardous or non-hazardous entry should be assigned. For instance, slags from iron and steel industry can be assigned to the following entries:







10 02 01


wastes from the processing of slag


ANH




10 02 02


unprocessed slag


ANH




Even if the CaO content of aforementioned slags from iron and steel industry would be above the concentration limit as laid down in Annex III to the WFD, the waste should be classified as non-hazardous, unless a Member State applies Article 7 of the WFD (see Chapter 2, Box 2).
In many self-classifications or respectively safety data sheets in the frame of the CLP Regulation, calcium oxide (CaO) and calcium hydroxide (Ca(OH)2) are assigned hazard statement codes H315, H318 and H335. However, there exist other self-classifications using other hazard statement codes (refer to Annex 2 on which data sources to consult in order to check different self-classifications of CaO and Ca(OH)2). Please note that information gathered exclusively from self-classifications may not be sufficient for waste classification.
For a decision between a MH or a MNH entry, the relevant hazardous properties are HP 4 ‘Irritant — skin irritation and eye damage’ and HP 5 ‘Specific Target Organ Toxicity (STOT)/Aspiration Toxicity’. Corresponding concentration limits are laid down in Annex III to the WFD (cf. Annex 3.4 and 3.5) and are also displayed in Table 6. Please note that Table 6 is based on hazard statement codes assigned to calcium oxide and calcium hydroxide have been taken from self-classifications. In case the applicability of these hazard statement codes can be validated by using additional information (e.g. information from the waste generating process), the consequence is:






—


if the sum of the concentrations of all substances classified as H318 (e.g. CaO and Ca(OH)2) exceeds or equals 10 %;




the waste should be classified hazardous according to HP 4.
Additionally:






—


if the sum of concentrations of all substances classified as H335 (e.g. CaO and Ca(OH)2) exceeds or equals 20 %;




the waste should be classified hazardous according to HP 5.
In accordance with the first indent of the Annex to the LoW, if a testing of the waste applying (non-vertebrate animal) methods provided in the Test Methods Regulation reveals that the waste in question does not display these hazardous properties, the results of the test should prevail.
Please refer to Annex 3.4 and 3.5 for further information.

Table 6


Hazard statement codes and concentration limits for CaO and Ca(OH)2










 


Hazard Class and Category Code(s)


Hazard Statement Code(s) from self-classification


Concentration limit (total of substances)




CaO


Eye Dam. 1
STOT SE 3


H318
H335


≥ 10 %
≥ 20 %




Ca(OH)2



Eye Dam. 1
STOT SE 3


H318
H335


≥ 10 %
≥ 20 %




1.4.5.   Wastes containing coal tar and bitumen

The following example provides general guidance on the classification of waste containing coal tar.

General information

Coal tar is a viscous material composed of complex, high-molecular-weight, compounds derived from e.g. the destructive distillation of wood or coal (23).
Bitumen is a generic term applied to natural inflammable substances of variable colour, hardness, and volatility, composed principally of a mixture of hydrocarbons substantially free from oxygenated bodies (24). Bitumen is manufactured from the distillation of crude oil during petroleum refining:


‘Petroleum bitumen is known by different names throughout the world. For example the term ‘bitumen’ is typically used in Europe and is synonymous with the term ‘asphalt’, or ‘asphalt binder’ used in North America. Outside North America, the term ‘asphalt’ is used to describe mixtures of bitumen with mineral materials. […]


Coal derived products such as coal tar or coal-tar pitches are very different from bitumen. These are manufactured by the high-temperature pyrolysis (> 800 °C) of bituminous coals and differ from bitumen substantially in composition, physical characteristics, and potential health risks.’
 (25)



Main origin

The majority of coal tar is distilled to produce refined products, including creosote, coal-tar pitch, crude naphthalene, and anthracene oils. Some crude coal tar is used as fuel for blast furnaces in the steel industry, because of its high availability and heating value. In the industry of alumina and aluminium production and processing, coal tar is used in several process steps, particularly in the manufacturing of anodes. Further applications are in the broad sectors of construction and in various coal related industries.
The world production of bitumen is of approximately 87 million tons per year and more than 250 known applications of bitumen exist. The majority of bitumen is used in the construction sector, in particular in paving and roofing applications (26).

Applicable entries of the LoW

A non-exhaustive list of main entries applicable for wastes containing coal tar is presented below:







17 03 01*


bituminous mixtures containing coal tar


MH




17 03 02


bituminous mixtures other than those mentioned in 17 03 01


MNH




17 03 03*


coal tar and tarred products


AH





Aspects to be considered for waste classification
 (27)

Potential hazards of wastes containing coal tar depend on their level of PAHs, which are known to have carcinogenic effects (high for coal tar, rather low in bitumen). Thus, please refer also to Section 1.4.1.
Indicator tests exist to identify whether the waste containing coal tar contains a significant concentration of PAH components. Tests will indicate presence of PAH but not give a measurement. Examples are provided in the OVAM Guidance:






—


use of PAH marker in combination with use of a UV lamp;










—


white spray paint;










—


adding a drop of methylene chloride.




When either of these tests gives a positive result it is assumed that the material contains tar and therefore is hazardous, unless the holder of the waste stream is able to demonstrate that the concentration of PAHs is below the threshold levels in Annex III to the WFD so it can be classified as non-hazardous. However, the classification as (non-)hazardous must not be done exclusively based on the presence of PAHs but should take into account all the substances present in the waste stream.
Coal tar and its distillates (e.g. tar oils) potentially display carcinogenic properties. If the concentration of such materials is at or above 0,1 % the waste would possess the hazardous property HP 7 carcinogenic (cf. Section 3.7).
Determining the coal tar content is usually not conducted in the testing of waste. To be noted that Table 3 of Part 3 of Annex VI to the CLP Regulation uses benzo[a]pyrene as a marker compound for carcinogenicity for certain coal tar entries where the concentration of benzo[a]pyrene is at or above 50 ppm (mg/kg).
Any sampling of asphalt concrete would need to ensure that layers with different concentrations of benzo[a]pyrene are properly and representatively assessed (28).
1.4.6.   Metals and alloys

The following example provides general guidance on the classification of waste containing metals and alloys.

Main origin

Metal wastes arise in various sectors such as WEEE, ELV, construction and demolition and several industrial uses.

Applicable entries of the LoW

Although entries 17 04 01 – 17 04 09* specifically refer to separate metals, only construction and demolition wastes should be assigned with those entries. As long as the respective wastes are not contaminated with any hazardous substances (external contamination, e.g. paint) not associated to the metal or alloy itself, MNH entries 17 04 01 – 17 04 07 can be assigned according to the metallic composition of the waste. Otherwise the hazardous mirror entry 17 04 09* is applicable.
If the waste in question does not stem from construction and demolition, other chapters of the LoW are applicable, e.g. in the case of metal waste from surface treatment, sub-chapter 12 01 applies (wastes from shaping and physical and mechanical surface treatment of metals and plastic).
In any case the most suitable LoW entry needs to be assigned according to the order of precedence as described in Section 1.2.
As a consequence, metal wastes from waste management facilities cannot be assigned to entries of chapter 17 of the LoW but can be assigned among others to the following exemplary entries:









19 10


waste from shredding of metal-containing wastes


 




19 10 01


iron and steel waste


ANH




19 10 02


non-ferrous waste


ANH




19 10 05*


other fractions containing hazardous substances


MH






19 12


wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified


 




19 12 02


ferrous metal


ANH




19 12 03


non-ferrous metal


ANH




19 12 11*


other wastes (including mixtures of materials) from mechanical treatment of wastes containing hazardous substances


MH




Additionally, specific non-hazardous entries for metals exist in Chapter 15 of the LoW (waste packaging) and 20 (municipal waste).

Aspects to be considered for waste classification

In the LoW pure metal alloys are specifically exempt from the classification as hazardous:


‘The concentration limits defined in Annex III to Directive 2008/98/EC do not apply to pure metal alloys in their massive form (not contaminated with hazardous substances). Those waste alloys that are considered as hazardous waste are specifically enumerated in this list and marked with an asterisk (*)’


Additionally, special care should be taken in order to avoid misclassification of scrap metals as waste. Council Regulation (EU) No 333/2011 establishes criteria determining when certain types of scrap metal (iron, steel and aluminium scrap) cease to be waste. Similar legislation exists for copper scrap (Commission Regulation (EU) No 715/2013). Operators may decide voluntarily whether to make use of this end-of waste status for metal scrap that fulfils the respective criteria. If fulfilling the relevant criteria, metals/alloys may not be considered waste as defined according to the WFD, and the classification according to this technical guidance note is not applicable.
In the case of massive metals, hazardous entries are unlikely to be used, unless a substantial indication exists that metal fractions have been contaminated with non-metal hazardous substances during the treatment process in a way that the waste displays hazardous properties.
Only alloys in their massive form that are specifically listed as hazardous, or contaminated with non-metal hazardous substances, should be treated as hazardous. According to the UK Guidance, the only ‘alloy’ specifically listed in the LoW and assigned to an AH entry is:







18 01 10*


amalgam waste from dental care


AH




Please note that the flow charts for the assessment of hazardous properties as displayed in Annex 3 do not specifically recall that the concentration limits defined in Annex III to the WFD do not apply to pure metal alloys in their massive form.
1.4.7.   Organic peroxides

The following example provides general guidance on the classification of waste containing organic peroxides.

General information

The CLP Regulation defines organic peroxides in Annex I, Section 2.15:

‘Organic peroxides means liquid or solid organic substances which contain the bivalent -O-O- structure and may be considered derivatives of hydrogen peroxide, where one or both of the hydrogen atoms have been replaced by organic radicals. The term organic peroxide includes organic peroxide mixtures (formulations) containing at least one organic peroxide. Organic peroxides are thermally unstable substances or mixtures, which can undergo exothermic self-accelerating decomposition. In addition, they can have one or more of the following properties:







—



be liable to explosive decomposition;











—



burn rapidly;











—



be sensitive to impact or friction;











—



react dangerously with other substances.’






Main origin

The plastics and rubber industries are important users of organic peroxides. Organic peroxides and mixtures containing organic peroxides are used as e.g. accelerators, activators, catalysts, cross-linking agents, curing agents, hardeners, initiators and promoters. Other applications may be the use as bleaching agents (e.g. flour bleaching), as active pharmaceutical ingredients and as flame retardant synergists.

Applicable entries of the LoW

There are many entries where wastes containing organic peroxides could be allocated. A non-exhaustive list of applicable entries is presented below:







16 09 03*


peroxides, for example hydrogen peroxide


AH




16 09 04*


oxidising substances, not otherwise specified


AH




All above mentioned entries are absolute hazardous entries, which means no assessment on hazardous properties is necessary in order to determine whether the waste is to be classified as hazardous if one of these entries is assigned to wastes containing organic peroxides. However, the assessment of hazardous properties will still be necessary, e.g. for filling a consignment note.

Aspects to be considered for waste classification

For a decision between the MH and the MNH entry in the field of organic peroxides, hazardous properties HP 1 and HP 3 are most relevant.
In the determination of HP 1 ‘Explosive’ (Annex 3, Section 3.1), cut-off values for organic peroxides need to be considered. A waste containing organic peroxides classified with hazard statement class H240 or H241 needs to be assessed for HP 1, unless the following statements hold true:






—


No other hazardous substances assigned hazard statement codes listed in Table 8 (see Annex 3, Section 3.1) are present, and










—


One of the following two criteria is met:






—


the waste contains >1 % but ≤ 7 % hydrogen peroxide, and the available oxygen content (Oi) of the organic peroxide(s) is ≤ 0,5 %;










—


the waste contains ≤ 1 % hydrogen peroxide, and the available oxygen content (Oi) of the organic peroxide(s) is ≤ 1 %.








The available oxygen content, Oi (%) for any given organic peroxides has to be calculated according to section 2.15 of Annex I to the CLP Regulation:
Oi (%) = Σ (16 × (ni × ci / mi))
where:






 


ni: number of peroxygen groups per molecule of organic peroxide i.










 


ci: concentration (mass %) of organic peroxide i in the waste.










 


mi: gram molecular mass of organic peroxide i










 


‘Σ’ means that if a waste contains more than one organic peroxide the available oxygen from each is added together. This includes all organic peroxides, and is not restricted to those classified as H240 or H241.




The UK Guidance provides an example calculation for methyl ethyl peroxide which is presented in the following. A waste contains 2,9 % methyl ethyl peroxide (C2H5-O-O-CH3) and 3 % hydrogen peroxide. The concentration of hydrogen peroxide is > 1 % and ≤ 7 % (see criteria above). Methyl ethyl peroxide has a molecular mass of 76 g (so ‘mi’ is 76) and one peroxide functional group present (so ni is 1). When applying these values in the the formula ‘Oi (%) = Σ (16 × (ni × ci / mi))’ for a concentration (‘ci’) of 2,9 % in the waste, methyl ethyl peroxide has an available oxygen content (Oi) of 0,61 % (16 × 1 × 2,9 / 76). This is above the available oxygen threshold of 0,5 % for criterion (i), so HP 1 must be assigned.
Organic peroxides have specifically to be considered in determining HP 3 ‘Flammable’. A waste containing self-reactive substances or organic peroxides classified as H240 or H241 may possess the hazardous property HP 3 Flammable as a result of the assessment of HP 1 Explosive classifying the waste as a whole as H242. Please refer to Section 3.3 for additional information.
Further guidance on organic peroxides according to the CLP Regulation can be found directly in the CLP Regulation or in its corresponding technical guidance note (hereinafter ‘the ECHA CLP Guidance’) (29).
1.4.8.   Rubber wastes

The following example provides general guidance on the classification of rubber wastes.

General information

Rubber wastes are mainly end of life products from the use of tyres and general rubber goods.

Main origin

The annual production in 2013 of tyres and general rubber goods amounted to ~ 4,67 million tonnes and ~ 2,57 million tonnes respectively. Rubber waste arises in relevant quantities from tyres and general rubber goods. In 2012 the quantity of end-of-life tyres amounted to 2,765 kt. There is no specific information available for general rubber goods (30).

Applicable entries of the LoW

A non-exhaustive list of main entries applicable for wastes containing rubber and tyres (and also other organic waste) is presented below:







16 01 03


end-of-life tyres


ANH




16 03 05*


organic wastes containing hazardous substances


MH




16 03 06


organic wastes other than those mentioned in 16 03 05


MNH




19 12 04


plastic and rubber


ANH





Aspects to be considered for waste classification

The majority of rubber waste is allocated to ANH entries. Waste code 16 03 06 is a MNH entry to the MH entry 16 03 05* (organic wastes containing hazardous substances) under chapter 16 (wastes not otherwise specified in the list) sub-chapter 16 03 (off-specification batches and unused products). This hazardous entry can be used for unused rubber products with oils or solvents or for contaminated off-specification rubber batches which are contaminated e.g. with oils or solvents. As a last resort, rubber wastes from the MFSU of plastics, synthetic rubber and man-made fibres can be allocated to waste code 07 02 99.
1.4.9.   Plastic wastes

The following example provides general guidance on the classification of plastic wastes.

General information

A plastic material is an organic solid, essentially composed by a mixture of a polymer or combination of polymers of high molecular mass with other substances such as additives, stabilisers, fillers, etc. A polymer is a chain of many repeating molecular units of monomers. The monomers of plastic are either natural or synthetic organic compounds. The term resin is sometimes used as synonym of a commercial polymer (31).

Main origin

The EU is one of the world's crucial players in plastic manufacturing and in 2012 produced about 57 million tons of plastic. EU converter demand in 2012 was about 46 million tons and the quantity of post-consumer plastic waste was approximately 25 million tons (32).
Plastic wastes arise from end of life plastic products from industrial or household applications. The generation of post-consumer plastics waste is dominated by plastic packaging waste. Other relevant sectors in particular are: building and construction, automotive, WEEE and agriculture (33).

Applicable entries of the LoW

A non-exhaustive list of main entries applicable for wastes containing plastics is presented below:

Plastic packaging








15 01 02


plastic packaging


MNH




15 01 05


composite packaging


MNH




15 01 06


mixed packaging


MNH




15 01 10*


packaging containing residues of or contaminated by hazardous substances


MH





Plastic waste from construction and demolition








17 02 03


Plastic


MNH




17 02 04*


glass, plastic and wood containing or contaminated with hazardous substances


MH




Entries which (can) contain plastic but do not explicitly refer to plastic, such as:







17 04 10*


cables containing oil, coal tar and other hazardous substances


MH




17 04 11


cables other than those mentioned in 17 04 10


MNH




17 06 03*


other 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




17 09 03*


other construction and demolition wastes (including mixed wastes) containing hazardous substances


MH




17 09 04


mixed construction and demolition wastes other than those mentioned in 17 09 01, 17 09 02 and 17 09 03


MNH





Plastic waste from automotive applications








16 01 19


Plastic


ANH




19 10 03*


fluff-light fraction and dust containing hazardous substances


MH




19 10 04


fluff-light fraction and dust other than those mentioned in 19 10 03


MNH





Plastic WEEE








19 12 04


plastic and rubber


ANH




Entries which (can) contain plastic but do not explicitly refer to plastic, such as:







16 02 15*


hazardous components removed from discarded equipment


 




16 02 16


components removed from discarded equipment other than those mentioned in 16 02 15


 




19 10 03*


fluff-light fraction and dust containing hazardous substances


MH




19 10 04


fluff-light fraction and dust other than those mentioned in 19 10 03


MNH




19 10 05*


other fractions containing hazardous substances


MH




19 10 06


other fractions other than those mentioned in 19 10 05


MNH




19 12 11*


other wastes (including mixtures of materials) from mechanical treatment of waste containing hazardous substances


MH




19 12 04


plastic and rubber


MNH




19 12 12


other wastes (including mixtures of materials) from mechanical treatment of wastes other than those mentioned in 19 12 11


MNH





Agriculture








02 01 04


waste plastics (except packaging)


ANH




Apart from the aforementioned sectors, further entries for plastics can be found throughout different chapters of the LoW. Examples are:







07 02 13


waste plastic


ANH




07 02 16*


Wastes containing hazardous silicones


MH




07 02 17


Waste containing silicones other than those mentioned in 07 02 16


MNH




12 01 05


plastics shavings and turnings


ANH




12 01 16*


waste blasting material containing hazardous substances


MH




12 01 17


waste blasting material other than those mentioned in 12 01 16


MNH




20 01 39


Plastics


ANH





Aspects to be considered for waste classification

Plastic materials usually contain not only plastic polymers but a variety of different additives in the plastic matrix to improve performance and use application or processing properties of the final product. Additives are a different group of special chemicals which are either incorporated into the plastic matrix prior or during processing or applied to the final products' surface after the processing (34).
A specific plastic waste which can be allocated to a mirror entry can be hazardous either because of the additives it contains or because the waste is contaminated with hazardous substances e.g. oils or solvents.
Typically relevant additives in plastic waste are for example stabilisers or pigments (e.g. cadmium, chromium, lead or tin compounds, BPA, nonylphenol compounds) flame retardants (SCCPs, MCCPs, PBDEs, HBCD, etc.), plasticisers (phthalates, SCCPs, MCCPs, etc.) and a variety of other possibly contained additives (35).
Note that waste code 15 01 10* can be either hazardous because (1) the packaging is hazardous if it contains (usually non-plastic) residues of hazardous substances OR because (2) the plastic material itself (of which the packaging is manufactured) contains hazardous substances (see also example on packaging waste in Section 1.3.1 above).
1.4.10.   POP wastes

The following example provides general guidance on the classification of waste containing POPs.

General information

Persistent Organic Pollutants (POPs) are organic chemical substances. They possess a particular combination of physical and chemical properties such that, once released into the environment, they persist for long periods of time, they become widely distributed throughout the environment, accumulate in the fatty tissue of living organisms including humans, and are toxic to both humans and wildlife.

Main origin

POPs are a group of different substances or substance groups with different origin. Many POPs are or were intentionally produced pesticides or industrial chemicals which have been used for manifold technical or agricultural applications. Other POPs are produced unintentionally as a by-product e.g. during manufacturing or incineration processes.

Aspects to be considered for waste classification

The Stockholm Convention on POPs and the Protocol to the regional UNECE Convention on Long-Range Transboundary Air Pollution (CLRTAP) are international instruments, whose POP substance lists are amended continuously. As soon as new substances/substance groups are classified in the Convention as POPs, they are subsequently included in the POP Regulation.
Specific waste related provisions for POPs are established under the aforementioned POP Regulation. Following Article 7, 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’), 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 POP content is destroyed or irreversibly transformed so that the remaining waste and releases do not exhibit the characteristics of POPs. Disposal or recovery operations that may lead to recovery, recycling, reclamation or re-use of the POPs are prohibited.
According to the LoW, the following applies in case of mirror entries:


‘Wastes containing polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF), DDT (1,1,1-trichloro-2,2- bis (4-chlorophenyl)ethane), chlordane, hexachlorocyclohexanes (including lindane), dieldrin, endrin, heptachlor, hexaclorobenzene, chlordecone, aldrine, pentachlorobenzene, mirex, toxaphene hexabromobiphenyl and/or PCB exceeding the concentration limits indicated in Annex IV to Regulation (EC) No 850/2004 of the European Parliament and of the Council should be classified as hazardous.’


Thus, waste containing the POPs mentioned in LoW (point 2, indent 3) in concentrations which exceed the limit values established in the POP Regulation (cf. Table 7) shall be classified as hazardous. For wastes containing other POPs, the hazardousness should be assessed applying the concentration limits included in Annex III to the WFD.

Table 7


Limit values established in the POP Regulation for those POPs which are listed in the LoW









Substance


CAS No.


EC No.


Concentration limit referred to in Article 7(4)(a)




Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF)


 


 


15 μg/kg (36)





DDT (1,1,1-trichloro-2,2-bis (4-chlorophenyl)ethane)


50-29-3


200-024-3


50 mg/kg




Chlordane


57-74-9


200-349-0


50 mg/kg




Hexachlorocyclohexanes, including lindane


58-89-9


210-168-9


50 mg/kg




319-84-6


200-401-2




319-85-7


206-270-8




608-73-1


206-271-3




Dieldrin


60-57-1


200-484-5


50 mg/kg




Endrin


72-20-8


200-775-7


50 mg/kg




Heptachlor


76-44-8


200-962-3


50 mg/kg




Hexachlorobenzene


118-74-1


200-273-9


50 mg/kg




Chlordecone


143-50-0


205-601-3


50 mg/kg




Aldrin


309-00-2


206-215-8


50 mg/kg




Pentachlorobenzene


608-93-5


210-172-5


50 mg/kg




Polychlorinated Biphenyls (PCB)


1336-36-3 and others


215-648-1


50 mg/kg (37)





Mirex


2385-85-5


219-196-6


50 mg/kg




Toxaphene


8001-35-2


232-283-3


50 mg/kg




Hexabromobiphenyl


36355-01-8


252-994-2


50 mg/kg




Waste which falls under the obligations of Article 7 of the POP Regulation because it contains POPs in concentrations which exceed the low POP content limit value is not necessarily a hazardous waste. For example a waste containing pentaBDE (main historic use in flexible PUR foams for automotive and upholstery applications) in a concentration of 5 % should be treated according to Article 7 of the POP Regulation (concentration limit for the sum of POP-BDEs 0,1 %) but is not a hazardous waste (limit value for pentaBDE 10 %). Note that all obligations for producers or holders of waste stemming from POPs Regulation have to be fulfilled independently whether the classification of waste in line with the LoW leads to the waste to be considered as hazardous or not.
Please note that for wastes which are only classified as hazardous due to their POP content it may be difficult to complete the consignment notes as usually the hazardous properties HP 1 to 15 have to be recorded and reported.


(1)  Please see for instance the entries marked with A, B and C in the table. For entries marked with ‘A’ the interpretation in the BMU Guidance Document differs from the abovepresented interpretation, see http://www.bmub.bund.de/fileadmin/bmu-import/files/abfallwirtschaft/downloads/application/pdf/avv_erlaeuterungen.pdf. For entries marked with ‘B’, the interpretation in UK Guidance Document differs from the abovepresented interpretation, see https://www.gov.uk/government/publications/waste-classification-technical-guidance. ‘C’: The ‘xx xx 99’ entries are considered in some Member States as mirror non-hazardous (MNH) entries, see Classification réglementaire des déchets — Guide d'application pour la caractérisation en dangerosité/http://www.ineris.fr/centredoc/rapport-drc-15-149793-06416a-guidehp-vf2-1456135314.pdf

(2)  Entry introduced by Decision 2014/955/EU.

(3)  Entry introduced by Decision 2014/955/EU.

(4)  Entry introduced by Decision 2014/955/EU.

(5)  Entry introduced by Commission Decision 2014/955/EU.






(#)


Hazardous components from electrical and electronic equipment may include accumulators and batteries mentioned in 16 06 and marked as hazardous; mercury switches, glass from cathode ray tubes and other activated glass, etc.





(6)  ‘DRAFT Waste Classification — Guidance on the classification and assessment of waste (1st edition 2015) Technical Guidance WM3’, by Natural Resources Wales, Scottish Environment Protection Agency (SEPA), Northern Ireland Environment Agency (NIEA), Environment Agency, available at: https://www.gov.uk/government/publications/waste-classification-technical-guidance.

(7)  Openbare Vlaamse Afvalstoffen Maatschappij (OVAM) (2015): Europese afvalstoffenlijst EURAL Handleiding, Mechelen, Belgium.

(8)  Based on: Natural Resources Wales, Scottish Environment Protection Agency (SEPA), Northern Ireland Environment Agency (NIEA), Environment Agency (2015): DRAFT Waste Classification — Guidance on the classification and assessment of waste (1st edition 2015) Technical Guidance WM3, available at: https://www.gov.uk/government/publications/waste-classification-technical-guidance, referred to throughout the document as ‘the UK Guidance’)

(9)  Further information on treatment steps and resulting fractions thereof can be found at Ministry for the Environment and Transport Baden-Wuerttemberg (2003): Handbook ‘How to apply the European Waste List 2001/118/EC’, Stuttgart, Germany, available at: http://abag-itm.de/fileadmin/Dateien/ABAG/Informationsschriften/Band_B/Band_B_englisch.pdf.

(10)  Openbare Vlaamse Afvalstoffen Maatschappij (OVAM) (2015): Europese afvalstoffenlijst EURAL Handleiding, Mechelen, Belgium, referred throughout the document as ‘the OVAM Guidance’.

(11)  Information from United States Environmental Protection Agency (2008): Polycyclic Aromatic Hydrocarbons (PAHs), available at: http://www.epa.gov/osw/hazard/wastemin/minimize/factshts/pahs.pdf.

(12)  European Environmental Agency (EEA) — Environmental Terminology and Discovery Service (ETSA) (2015), available at: http://glossary.eea.europa.eu/, Access on 4.7.2015.

(13)  Idem 12.

(14)  Idem 11.

(15)  Agency for Toxic Substances and Disease Registry (ATSDR), U.S. Department of Health and Human Services (2014): BTEX — Benzene, Toluene, Ethylbenzene and Xylenes, available at: http://www.odh.ohio.gov/~/media/ODH/ASSETS/Files/eh/HAS/btex.ashx

(16)  Idem 12.

(17)  Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (OJ L 286, 31.10.2009, p. 1).

(18)  Please see European Environmental Agency (2014): Ozone-depleting substances 2013 — Aggregated data reported by companies on the import, export, production, destruction and feedstock and process agent use of ozone-depleting substances in the European Union, available at: http://www.eea.europa.eu/publications/ozone-depleting-substances-2013.

(19)  Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ 196, 16.8.1967, p. 1).

(20)  Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (OJ L 200, 30.7.1999, p. 1).

(21)  OVAM Guidance.

(22)  These activities are prohibited in Europe. Hence the entry no longer has much meaning for the classification of waste.

(23)  European Environmental Agency (EEA) — Environmental Terminology and Discovery Service (ETSA) (2015), available at: http://glossary.eea.europa.eu/, Access on 4.7.2015.

(24)  Idem 21.

(25)  Asphalt Insitute and Eurobitume (2015): The Bitumen Industry — A Global Perspective, available at: http://eurobitume.eu/pdf/The_bitumen_industry/The_bitumen_Industry.html.

(26)  Idem 25.

(27)  Information in this section was extracted among others from David O'Farrell, Cumbria County Council (2011): Dealing with tar bound arisings, available at: http://www.soci.org/~/media/Files/Conference%20Downloads/2011/Recycling%20and%20Re%20using%20Asphalt%20Mar%2011/David_OFarrell_Presentation.ashx.

(28)  Based on the UK Guidance.

(29)  Specific test methods are referred to in the CLP Regulation (test series A to H as described in Part II of UN RTDG, Manual of Tests and Criteria). More detailed information can be found in Guidance on the application of the CLP Criteria, latest version (July 2017) available at https://echa.europa.eu/documents/10162/23036412/clp_en.pdf/58b5dc6d-ac2a-4910-9702-e9e1f5051cc5

(30)  Information from the European Tyre and Rubber Industry (2014).

(31)  European Commission, Joint Research Centre (2014): End of waste criteria for waste plastics for conversion. Technical proposal. Final draft report, DG JRC, IPTS, Seville, Spain.

(32)  Plastic Europe (2013): Plastics the facts 2013. An analysis of European latest plastics production, demand and waste data.

(33)  Idem.

(34)  Jan J. C. Bart (2005): Additives in Polymers: Industrial Analysis and Applications, Wiley.

(35)  For details see European Commission ‘Study to assess possibility of granting a derogation given to specific types of plastic and rubber waste in the EU waste list’, by BIPRO, 2015.

(36)  The limit is calculated as PCDD and PCDF according to the toxic equivalency factors (TEFs) as indicated in Regulation (EC) No 850/2004

(37)  Where applicable, the calculation method laid down in European standards EN 12766-1 and EN 12766-2 should be applied.



ANNEX 2

Data sources and information basis on hazardous substances

Once it is analysed which substances are present within the waste in question, it needs to be analysed if the identified substances are hazardous substances and how their chemical classification is determined. Annex 2 provides guidance on both, the examination whether identified substances are hazardous substances and their classification. It further describes data sources providing relevant information for this purpose. The major data sources are displayed in Figure 5. Reference is made to the respective chapter of this document (grey box) and to the official source (blue box). Further explanations on the data sources including information on their precedence are given in the respective paragraphs below.



2.1   
Classification of substances as hazardous according to the CLP Regulation


On many occasions, the decisive criterion for the assignment of MH or MNH entries is the presence of ‘hazardous substances’, in line with the HP-criteria and related thresholds contained in Annex III to the WFD (consult in detail Annex 3 of this document). The EU CLP Regulation provides the criteria to assess the physical, human health and environmental hazards of substances. A hazardous substance is a substance that is assigned a hazard statement code when classified using the CLP Regulation. Information about which hazard statement codes are assigned to which substances can be derived from harmonised classifications and when not available partly also from self-classifications (used under the responsibility of the operator and subject to the scrutiny of the competent authorities, given that self-classifications are not harmonised) as described in the following sections.
2.1.1   Harmonised classification of substances

Some substances are ‘officially’ classified by means of a formal decision at the EU level. These are referred to as ‘harmonised classifications’ and listed in Table 3 of Part 3 of Annex VI to the CLP Regulation.
A harmonised classification provides information on the chemical classification and labelling of a substance:






Hazard statement code


The code assigned to the hazard class and category. For example a carcinogen could be ‘H350’ or ‘H351’.




Hazard Class


The nature of the hazard. For example a carcinogenic is ‘Carc.’




Hazard Category


A sub-category of the hazard class that describes the severity of the hazard. For example a carcinogen could be ‘1A’. ‘1B’ or ‘2’.




The hazard classes and categories presented in Table 3 of Part 3 of Annex VI to the CLP Regulation take legal precedence over all other sources of information on those hazard classes and categories, and they must be used for classification. Note that a harmonised classification may be incomplete where it only covers the hazard classes and categories listed. For information on terminology please refer to the ECHA CLP Guidance.
Table 3 of Part 3 of Annex VI to the CLP Regulation is regularly updated by adaptations to technical progress (ATPs). It contains two types of harmonised classifications:






—


harmonised classifications for specific substances (such as e.g. ‘lead chromate’), and










—


harmonised group classifications (such as e.g. ‘lead compounds’).




Harmonised classifications can be found in the Classification and Labelling (C&L) Inventory maintained by the European Chemical Agency (ECHA) (cf. Section 2.1.3). In case a harmonised classification for a specific substance exists this classification should prevail over the harmonised group classifications.
2.1.2   Self-classifications

Manufacturers, importers and downstream users of substances are obliged to perform a self-classification under the CLP Regulation (as required by CLP and also in the framework of registration of substances under REACH), determined through the application of the CLP classification criteria.
There can be multiple classifications for the same substance due to:






—


the different composition, form or physical state of the substance placed on the market;










—


a manufacturer or producer identifying insufficient information to assess that hazard class or category (which they will report as ‘data lacking’, ‘inconclusive’, or ‘conclusive but not sufficient for classification’);










—


the manufacturer, importer or downstream user has access to, or has generated, different or additional data.




Self-classifications may be used to identify what hazard classes and categories have already been identified by other notifiers going beyond the harmonised classification and should serve as general information basis. It is recommended to check in particular those self-classifications showing the highest number of notifiers. There are ongoing efforts to get notifiers to agree on self-classifications. However, if no harmonised classification is available and only self-classifications for the substances in question are available, the waste holder should employ its best efforts to assign a classification, based on the published self-classifications in the C&L inventory and taking particular notice of the classification transmitted via the SDS of the relevant substance or mixture to the operator generating the waste.
2.1.3   The C&L Inventory as research tool

The C&L Inventory (1) managed by the ECHA can be used to search for the classification of substances or group of substances which are relevant in the context of waste classification (and, if applicable, for verification of that information). This inventory allows for an easy research for harmonised classifications of substances or group of substances as it contains information from Table 3 of Part 3 of Annex VI to the CLP Regulation. It also contains self-classifications provided in the framework of registration of substances under REACH and notifications of unregistered substances (e.g. low volume importers who are not obliged to register). When no harmonised classification and more than one self-classification is reported in the C&L Inventory, the ECHA database on registered substances (2) can help supporting information obtained from the C&L Inventory.
Furthermore the C&L Inventory is translated into all EU languages.
However, it should be noted that the C&L Inventory is subject to regular changes in content and the content should be considered with caution (e.g. the convergence of classifications per substance is a steady work in progress in the C&L Inventory).
Please find below the exemplary harmonised entry of ‘lead chromate’ (CAS Number 7758-97-6) as it is displayed in the C&L Inventory.



As displayed in Figure 6, ‘lead chromate’ is classified as:







—


Carc. 1B


H350




—


Repr. 1A


H360Df




—


STOT RE 2


H373**




—


Aquatic Acute 1


H400




—


Aquatic Chronic 1


H410




In order to assess if the waste in question displays hazardous properties (see Chapter 3.2.2 and Annex 3) due to its content of the hazardous substance ‘lead chromate’, the information on hazard class, hazard category and hazard statement codes of ‘lead chromate’ needs to be considered.
2.2   
Information on composition, properties and waste management of substances/ mixtures becoming waste


For substances and mixtures that are classified as hazardous according to CLP, as also for non-classified mixtures containing hazardous substances above certain thresholds, a SDS need to be provided by the supplier. SDS have to fulfil certain requirements and comply with a format defined in Article 31 of the REACH Regulation, and must include information:






—


on the classification of the substance or mixture in accordance with Title II of CLP Regulation (section 2 of the SDS); this may be a harmonised classification or a self-classification (see Section 2.1);










—


on the composition / the ingredients (section 3 of the SDS);










—


on ‘disposal considerations’ (section 13 of the SDS);










—


on exposure scenarios (in the Annex).




With this information available, the SDS can be a useful information tool for the further assessment steps that have to be carried out during classification according to the LoW once a particular product has become waste.
Note that in case the product becoming waste is a mixture of two or more substances (e.g. a pot of varnish), the classification information for mixtures is a valuable source of information in general and secondly the classifications of the individual component substances must be used, rather than the overall chemical classification of the mixture. Section 3 of a SDS for mixtures provides the classifications according to CLP for the individual hazardous constituents of the mixture. This information may be validated or complemented by means of a search in the C&L inventory (cf. Section 2.1.3).
Note that for substances and mixtures for which a SDS is not mandatory as well as also in the case of articles, voluntary product information sheets may be available that are not conforming to SDS but can provide information on composition and recommended disposal practices.
Additional checks are recommended where either:






—


the information provided may be out of date (a product is discarded considerable time after it was last supplied);










—


there is any reason to believe the information is incomplete, inadequate, or inaccurate.










—


information on the waste-generating process suggests that additional substances (e.g. contaminants) may be present in the waste which are not covered by SDS.




2.3   
Other information sources


Apart from the information sources presented in the previous chapters, there may exist further useful literature on the presence and content of substances potentially present in waste. Which source can be consulted must be decided on a case-by-case basis. In general, potential examples are:






—


BREF documents;










—


Industrial process handbooks;










—


Sector notebooks of the US Environmental Protection Agency;










—


Process and substance information from the producer of the waste (process descriptions);










—


Databases on typical composition of certain wastes (3).






(1)  http://echa.europa.eu/regulations/clp/cl-inventory.

(2)  http://echa.europa.eu/de/information-on-chemicals/registered-substances.

(3)  It should be noted that in some Member States, e.g. Germany, databases specifically referring to composition, physical-chemical properties and classification of waste streams are publicly available.



ANNEX 3

Specific approaches to determine hazard properties (HP 1 to HP 15)

3.1.   
Determining HP 1: Explosive



Definition and further description of Annex III to WFD

Annex III to the WFD defines HP 1 ‘Explosive’ as:


‘waste which is capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to the surroundings. Pyrotechnic waste, explosive organic peroxide waste and explosive self-reactive waste is included.’


Regarding HP 1, it is important to note that the scope of WFD excludes ‘decommissioned waste explosives’ (see Section 3.1.1). Thus, it is recommended to check whether the relevant waste in question is subject to the rules of WFD and LoW in the first place.
The WFD further explains that:

‘When a waste contains one or more substances classified by one of the hazard class and category codes and hazard statement codes shown in Table 1 [see Table 8 of this document], the waste shall be assessed for HP 1, where appropriate and proportionate, according to test methods. If the presence of a substance, a mixture or an article indicates that the waste is explosive, it shall be classified as hazardous by HP 1.’

Waste containing substances that are classified with the hazard class, category and statement codes in Table 8 can be tested to show whether it displays that hazardous property or not. Alternatively, a waste containing those substances can simply be assumed to be hazardous by HP 1.

Table 8


Hazard Class, Category Code(s) and Hazard Statement Code(s) for waste constituents for the classification of wastes as hazardous by HP 1 Explosive








Hazard Class and Category Code(s)


Hazard statement Code(s)


Description




Unst. Expl.


H200



Unstable explosives





Expl. 1.1


H201



Explosive; mass explosion hazard.





Expl. 1.2


H202



Explosive, severe projection hazard





Expl. 1.3


H203



Explosive; fire, blast or projection hazard





Expl. 1.4


H204



Fire or projection hazard





Self-react. A


H240



Heating may cause an explosion





Org. Perox. A




Self-react. B


H241



Heating may cause a fire or explosion





Org. Perox. B




Where a product that has become waste is known to be explosive, it should also be considered as HP 1.
Some substances may be explosive under certain conditions, e.g. those assigned Hazard statement Codes H205 May mass explode in fire or EUH001 Explosive when dry. These substances do not make a waste hazardous by HP 1, but their presence in a waste could make that waste exhibit hazardous property HP 15; see Section 1.2.1 for further details.
A waste containing a substance classified as H240 or H241 should be considered for HP 3 flammable where the waste is not hazardous by HP 1.
Figure 7 sets out the assessment process for HP 1 (1).




Test Methods

Part A of the Annex to the Test Methods Regulation provides the following test method which may be regarded in the assessment of HP 1 ‘Explosive’:






—


A.14. Explosive Properties




Wastes containing substances listed in Table 8 should be tested for explosive properties in accordance with the ECHA CLP Guidance.
Separate sections are provided in ECHA CLP Guidance for testing of mixtures containing:






—


organic peroxides










—


self-reactive substances and mixtures










—


explosives.




The CLP Regulation classifies self-reactive substances and mixtures in one of the seven categories of ‘types A to G’, see the ECHA CLP Guidance. Waste containing an organic peroxide or a self-reacting substance, where the waste is classified by testing as Type A (H240) or Type B (H241), displays HP 1. Where this is not the case, a waste classified as Type C, D, E or F (H242) displays HP 3.
A waste containing another substance listed in Table 8, where the waste is classified by testing as Unstable Explosive (H200), Division 1.1(H201), 1.2(H202), 1.3(H203) or 1.4(H204), displays HP 1.
A detailed example for an assessment of organic peroxides according to HP 1 can be found in Annex 1, Section 1.4.7.
3.2.   
Determining HP 2: Oxidising



Definition and further description of Annex III to WFD

Annex III to the WFD defines HP 2 ‘Oxidising’ as:


‘waste which may, generally by providing oxygen, cause or contribute to the combustion of other materials’


The WFD further explains that:

‘When a waste contains one or more substances classified by one of the hazard class and category codes and hazard statement codes shown in Table 2 [see Table 9 of this document], the waste shall be assessed for HP 2, where appropriate and proportionate, according to test methods. If the presence of a substance indicates that the waste is oxidising, it shall be classified as hazardous by HP 2.’

A waste containing substances that are classified with the hazard class, category and statement codes in Table 9 can be tested to show whether it displays that hazardous property or not. Alternatively a waste containing those substances can simply be assumed to be hazardous by HP 2.

Table 9


Hazard Class, Category Code(s) and Hazard Statement Code(s) for waste constituents for the classification of wastes as hazardous by HP 2 Oxidising








Hazard Class and Category Code(s)


Hazard statement Code(s)


Description




Ox. Gas 1


H270



May cause or intensify fire; oxidiser





Ox. Liq. 1


H271



May cause fire or explosion; strong oxidiser





Ox. Sol. 1




Ox. Liq. 2
Ox. Liq. 3


H272



May intensify fire; oxidiser





Ox. Sol. 2
Ox. Sol. 3




Where






—


the waste contains only one of these substances;










—


that substance is assigned a specific concentration limit in Table 3 of Part 3 of Annex VI to CLP. It should be noted that there are no generic concentration limits applicable to this hazard class;










—


that substance is present in the waste below that limit;




it can be assumed that the waste is not hazardous by HP 2.
An example is ‘nitric acid’ which is listed as H272, Ox. Liq. 3 with a specific concentration limit of ≥ 65 %. Where ‘nitric acid’ is present in a waste above 65 % that waste has to be classified as HP 2 (in addition to HP 8). The only other substance which, up to ATP 10 of CLP (2) has an SCL for oxidising properties is hydrogen peroxide, with a limit of 50 %.

Calculation method for oxidising gases

Where a waste contains a substance assigned H270 it is possible to calculate whether or not the waste displays HP 2. The calculation method is provided by ISO 10156 (as amended) and should be applied in accordance with the ECHA CLP Guidance.
Figure 8 sets out the assessment process for HP 2 (3).




Test Methods

Part A of the Annex to the Test Methods Regulation provides the following test methods which may be regarded in the assessment of HP 2 ‘Oxidising’:






—


A.17. Oxidising Properties (Solids)










—


A.21. Oxidising Properties (Liquids)




Wastes containing substances listed in Table 9 should be tested on oxidising properties in accordance with the ECHA CLP Guidance. Separate sections are provided in the ECHA CLP Guidance for testing of mixtures containing:






—


Oxidising gases










—


Oxidising liquids










—


Oxidising solids.




A waste containing an oxidising substance, where the waste is classified by testing as H270, H271, or H272, displays HP 2.
3.3.   
Determining HP 3: Flammable



Definition and further description of Annex III to WFD

Annex III to the WFD defines HP 3 ‘Flammable’ over 6 indents:

—   
‘flammable liquid waste
: 
liquid waste having a flash point below 60 °C or waste gas oil, diesel and light heating oils having a flash point > 55 °C and ≤ 75 °C;
—   
flammable pyrophoric liquid and solid waste
: 
solid or liquid waste which, even in small quantities, is liable to ignite within five minutes after coming into contact with air;
—   
flammable solid waste
: 
solid waste which is readily combustible or may cause or contribute to fire through friction;
—   
flammable gaseous waste
: 
gaseous waste which is flammable in air at 20 °C and a standard pressure of 101,3 kPa;
—   
water reactive waste
: 
waste which, in contact with water, emits flammable gases in dangerous quantities;
—   
other flammable waste
: 
flammable aerosols, flammable self-heating waste, flammable organic peroxides and flammable self-reactive waste.’

The WFD further explains that:

‘When a waste contains one or more substances classified by one of the following hazard class and category codes and hazard statement codes shown in Table 3 [see Table 10 of this document], the waste shall be assessed, where appropriate and proportionate, according to test methods. If the presence of a substance indicates that the waste is flammable, it shall be classified as hazardous by HP 3’

A waste containing substances that are classified with the hazard class, category and statement codes in Table 10 can be tested to show whether it displays that hazardous property or not. Alternatively a waste containing those substances, other than in trace amounts, can simply be assumed to be hazardous by HP 3.

Table 10


Hazard Class, Category Code(s) and Hazard Statement Code(s) for waste constituents for the classification of wastes as hazardous by HP 3 Flammable








Hazard Class and Category Code(s)


Hazard statement Code(s)


Description




Flam. Gas 1


H220


Extremely flammable gas




Flam. Gas 2


H221


Flammable gas




Aerosol 1


H222


Extremely flammable aerosol




Aerosol 2


H223


Flammable aerosol




Flam. Liq. 1


H224


Extremely flammable liquid and vapour




Flam. Liq.2


H225


Highly flammable liquid and vapour




Flam. Liq. 3


H226


Flammable liquid and vapour




Flam. Sol. 1
Flam. Sol. 2


H228


Flammable solid




Self-react. CD
Self-react. EF
Org. Perox. CD
Org. Perox. EF


H242


Heating may cause a fire




Pyr. Liq. 1
Pyr. Sol. 1


H250


Catches fire spontaneously if exposed to air




Self-heat.1


H251


Self-heating: may catch fire




Self-heat. 2


H252


Self-heating in large quantities; may catch fire




Water-react. 1


H260


In contact with water releases flammable gases which may ignite spontaneously




Water-react. 2
Water-react. 3


H261


In contact with water releases flammable gases




Where a waste contains substances assigned H220 or H221 it is possible to calculate whether or not the waste displays HP 3 (fourth indent). The calculation method is provided by ISO 10156 and should be applied in accordance with the ECHA CLP Guidance.
Where a waste contains substance assigned H260 or H261, i.e. a substance which is capable of releasing a highly flammable gas at a rate in excess of 1 litre of gas per kilogram of substance per hour when water is added, it is possible to calculate the minimum concentration of the substance in the waste that would make it hazardous by HP 3 (fifth indent). Below this concentration the waste is not considered hazardous pursuant to HP 3 (fifth indent). At or above the concentration the waste is considered to be HP 3, or tested. Examples of substances and calculation are provided by the UK Guidance and are presented in the following section.
A brief example for an assessment of organic peroxides according to HP 3 based on assessing HP 1 can be found in Section 1.4.7. Figure 9 sets out the determination process for HP 3 (4).




Calculation method for HP 3 (fifth indent)

As already indicated, a substance is assigned H260 or H261 if it is capable of releasing a highly flammable gas at a rate in excess of 1 litre of gas per kilogram of substance per hour when water is added.
If a waste contains a substance assigned H260 or H261, it is possible to calculate the limiting concentration of the substance in the waste that would make it hazardous by HP 3 (fifth indent). The background of this calculation method is, that the amount of the reactive substance needed to generate one litre of the flammable gas is calculated, based on stoichiometry and by applying the volume of a mol of gas at standard pressure and temperature. The concentration limit of one litre is taken from test method A.12. Flammability (Contact with water) as described in Part A of the Annex to the Test Method Regulation.
Below this concentration the waste will not be hazardous as a result of HP 3 (fifth indent). At or above the concentration the waste should be assumed to be HP 3, or tested. An example of how to do the calculation is taken from the UK Guidance and presented below in Box 3 (5).






Calculation method HP 3 (fifth indent)









1.


Write a balanced equation for the reaction that produces the gas. The general form of this equation should be as follows:











rR


+


wW


→


pP


+


gG




where R is the H260/H261 substance, W is water, P is a product of the reaction, and G is the gas released; r, w, p and g are the stoichiometric ratios that balance the equation.












2.


Attribute molecular weights and stoichiometric ratios to the substances in the equation.












3.


Divide (r × molar weight of R) by (g × 22,4). This gives the mass of R that will evolve 1 litre of gas. 1 mol of gas occupies 22,4 litres at standard temperature and pressure.












4.


Divide this amount (in grams) by 1 000 (to convert to kilograms) and multiply it by 100 to give a percentage by weight, and thus the limiting concentration for HP 3 (fifth indent) of substance R.
Example calculation: A waste contains aluminium carbide. Aluminium carbide is a H260 substance which reacts with water to give methane gas.











Al4C3



+


6H2O


→


2Al2O3



+


3CH4





aluminium carbide


 


water


 


aluminium oxide


 


methane




144 g


 


18 g


 


102 g


 


16 g




1 mol


 


6 mol


 


2 mol


 


3 mol




r = 1 mol of Al4C3, R = 144 g; g = 3 mol CH4.
Limiting concentration of aluminium carbide in waste = [144 / (3 × 22,4)] / 1 000 × 100, which is 0,21 % (approximately 0,2 %).















Box 3:



Calculation method HP 3 (fifth indent)




Threshold limits derived from the calculation for some H260 and H261 substances are given in Table 11.

Table 11


Examples of substances which may cause a waste to exhibit HP 3 Flammable (fifth indent) and their threshold concentrations
 (6)









Substance name


Hazard Statement Codes associated with HP 3 (fifth indent)


Equation


Concentration limit for waste to be H3-A (fifth indent) (%) (7)





Lithium


H260


2Li + 2H2O → 2LiOH + H2



0,1




Sodium


H260


2Na + 2H2O → 2NaOH + H2



0,2




Magnesium powder (pyrophoric)


H261


Mg + 2H2O → Mg(OH)2 + H2



0,1




Aluminium powder (pyrophoric)
Aluminium powder (stabilised)


H261


2Al + 6H2O → 2Al(OH)3 + 3H2



0,1




Potassium


H260


2K + 2H2O → 2KOH + H2



0,4




Calcium


H261


Ca + 2H2O → Ca(OH)2 + H2



0,2




Zinc powder / zinc dust (pyrophoric)


H260


Zn + 2H2O → Zn(OH)2 + H2



0,3




Zirconium powder (pyrophoric)


H260


Zr + 4H2O → Zr(OH)4 + 2H2



0,2




Aluminium carbide


H260


Al4C3 + 6H2O → 2Al2O3 + 3CH4



0,2




Lithium aluminium hydride


H260


LiAlH4+ H2O → LiAl(OH)2 + 4H2



0,1




Sodium hydride


H260


NaH + H2O → NaOH + H2



0,1




Calcium hydride


H260


CaH2 + 2H2O → Ca(OH)2 + 2H2



0,1




Calcium carbide


H260


CaC2 + H2O → Ca(OH)2 + C2H2



0,3




Calcium phosphide


H260


Ca3P2 + 6H2O → 2PH3 + 3Ca(OH)2



0,4




Aluminium phosphide


H260


AlP + 3H2O → PH3 + Al(OH)3



0,3




Magnesium phosphide


H260


Mg3P2 + 6H2O → 2PH3 + 3Mg(OH)2



0,3




Trizinc diphosphide


H260


Zn3P2 + 6H2O → 2PH3 + 3Zn(OH)2



0,6




Diethyl (ethyldimethyl-silanolato) aluminium


H260


(C2H5)2Si(CH3)2C2H5Al + 2H2O → 2C2H6 + Al(OH)2Si(CH3)2C2H5



0,4








Test Methods

Part A of the Annex to the Test Methods Regulation provides the following test methods which may be regarded in the assessment of HP 3 ‘Flammable’:






—


A.10. Flammability (Solids)










—


A.11. Flammability (Gases)










—


A.12. Flammability (Contact with water)




Wastes containing substances listed in Table 10 should be tested for flammable properties in accordance with the ECHA CLP Guidance. Separate sections are provided in the ECHA CLP Guidance for testing of mixtures containing:






—


flammable gases










—


aerosols










—


flammable liquids










—


flammable solids










—


self-reactive substances and mixtures










—


pyrophoric liquids










—


pyrophoric solids










—


self-heating substances and mixtures










—


water reactive substances










—


organic peroxides (2.15).




3.4.   
Determining HP 4: Irritant — skin irritation and eye damage



Definition and further description of Annex III to WFD

Annex III to the WFD defines HP 4 ‘Irritant’ as:


‘waste which on application can cause skin irritation or damage to the eye’


HP 4 is linked to HP 8 ‘Corrosive’, since both HPs refer to the potential for harm or damage to tissue at different levels of severity. Regarding HP 8, consult Section 3.8 for further details.
Note that:






—


Hazardous waste containing irritant substances can display irritant properties (depending on concentration);










—


Hazardous waste containing corrosive substances can display either corrosive or irritant properties depending on concentration.




Mechanical irritation produced by some substances is not included within the definition of HP 4.
The WFD further explains that:






 



When a waste contains one or more substances in concentrations above the cut-off value, that are classified by one of the following hazard class and category codes and hazard statement codes and one or more of the following concentration limits is exceeded or equalled, the waste shall be classified as hazardous by HP 4.











 



The cut-off value for consideration in an assessment for Skin corr. 1A (H314), Skin irrit. 2 (H315), Eye dam. 1 (H318) and Eye irrit. 2 (H319) is 1 %.











 



If the sum of the concentrations of all substances classified as Skin corr. 1A (H314) exceeds or equals 1 %, the waste shall be classified as hazardous according to HP 4.











 



If the sum of the concentrations of all substances classified as H318 exceeds or equals 10 %, the waste shall be classified as hazardous according to HP 4.











 



If the sum of the concentrations of all substances classified H315 and H319 exceeds or equals 20 %, the waste shall be classified as hazardous according to HP 4.











 



Note that wastes containing substances classified as H314 (Skin corr.1A, 1B or 1C) in amounts greater than or equal to 5 % will be classified as hazardous by HP 8. HP 4 will not apply if the waste is classified as HP 8.






Table 12


Hazard Class, Category Code(s) and Hazard Statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 4









Hazard Class and Category Code(s)


Hazard statement Code(s)


Description


Concentration limit (total of substances)




Skin Corr. 1A


H314


Causes severe skin burns and eye damage


≥ 1 % and < 5 %




Eye Dam. 1


H318


Causes serious eye damage


≥ 10 %




Skin irrit. 2
and
Eye irrit. 2


H315
and
H319


Causes skin irritation
and
Causes serious eye irritation


≥ 20 % (8)





An example for the assessment of wastes containing CaO and Ca(OH)2 according to HP 4 can be found in Annex 1.4.4.
For a waste containing a substance that is H314 Skin Corr.1A, 1B or 1C at a concentration ≥ 5 % see also HP 8 Corrosive (Annex 3.8) as this waste should be classified as hazardous by HP 8 and not by HP 4.
The abovementioned concentration limits are applied to the known components of a waste. It may be difficult to identify all specific substances present in certain wastes. Where the waste is not ‘Irritant’ as a result of the known substances and some substances are still unknown, the pH value of the waste should be used for assessment (see Figure 10).
A waste with a pH ≤ 2 or ≥ 11,5 should generally be considered HP 8 Corrosive unless both:






—


an acid or alkali reserve test suggests that the classification as ‘Corrosive’ is not warranted, and










—


further in vitro testing, or existing human experience and animal data from single or repeated exposure has confirmed that classification as neither ‘Irritant’/‘Corrosive’ applies.




The acid/ alkali reserve test measures the buffering capacity of the waste (9).

Cut-off values

The following cut-off values apply to the assessment:






—


for H314, H315, H318 and H319 the cut off value is 1 %.




An individual substance present at a concentration below this cut off value is not included in the total concentrations given in Table 12 and Figure 10.
Figure 10 sets out the assessment process for HP 4 (10).




Test Methods

A HP 4 assessment of a waste is to be done on the basis of






—


identification of the individual substances in the waste;










—


their classification;










—


reference to concentration limits in Annex III to the WFD.




If testing is considered to determine this hazard property, waste containing substances listed in Table 12 should be tested for irritant properties in accordance with the ECHA CLP Guidance. A mixture assigned H315, H318 or H319 by this assessment is considered HP 4.
If testing is considered, a combination of acid/ alkali reserve test and in-vitro testing is recommended. An example on how to integrate the acid/ alkali reserve and in-vitro testing into a general testing setting can be found in the UK Guidance.
As already described above, the acid/ alkali reserve test measures the buffering capacity of the waste.
Part B of the Annex to the Test Methods Regulation provides the following test method which may be regarded in the assessment of HP 4 ‘Irritant’:






—


B.46 In Vitro Skin Irritation: Reconstructed Human Epidermis Test Method




Test methods given in the Test Methods Regulation that rely on animal testing are not appropriate (11).
Further in-vitro methods may be available from other sources, such as the European Union Reference Laboratory for alternatives to animal testing (12).
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 the WFD, the results of the test should prevail.
3.5.   
Determining HP 5: Specific Target Organ Toxicity (STOT) / Aspiration Toxicity



Definition and further description of Annex III to WFD

Annex III to the WFD defines HP 5 ‘Specific Target Organ Toxicity (STOT)/ Aspiration Toxicity’ as:


‘waste which can cause specific target organ toxicity either from a single or repeated exposure, or which cause acute toxic effects following aspiration’


The WFD further explains that:

‘When a waste contains one or more substances classified by one or more of the following hazard class and category codes and hazard statement codes shown in Table 4 [see Table 13 of this document], and one or more of the concentration limits in Table 4 [see Table 13 of this document] is exceeded or equalled, the waste shall be classified as hazardous according to HP 5. When substances classified as STOT are present in a waste, an individual substance has to be present at or above the concentration limit for the waste to be classified as hazardous by HP 5.


When a waste contains one or more substances classified as Asp. Tox. 1 and the sum of those substances exceeds or equals the concentration limit, the waste shall be classified as hazardous by HP 5 only where the overall kinematic viscosity (at 40 °C) does not exceed 20,5 mm2/s
 (13).


Table 13


Hazard Class, Category Code(s) and Hazard Statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 5









Hazard Class and Category Code(s)


Hazard statement Code(s)


Description


Concentration limit




STOT SE 1


H370


Causes damage to organs


≥ 1 % (Indiv.)




STOT SE 2


H371


May cause damage to organs


≥ 10 % (Indiv.)




STOT SE 3


H335


May cause respiratory irritation


≥ 20 % (Indiv.)




STOT RE 1


H372


Causes damage to organs through prolonged or repeated exposure


≥ 1 % (Indiv.)




STOT RE 2


H373


May cause damage to organs through prolonged or repeated exposure


≥ 10 % (Indiv.)




Asp. Tox. 1


H304


May be fatal if swallowed and enters airways


≥ 10 % (total)




An example for the assessment of wastes containing CaO and Ca(OH)2 according to HP 5 can be found in Annex 1, Section 1.4.4.
Figure 11 sets out the determination process for the HP 5 (14).




Test Methods

A HP 5 assessment of a waste is made based






—


on the identification of the individual substances in the waste;










—


their classification;










—


reference to concentration limits.




If testing is considered when determining this hazard property, waste containing substances listed in Table 13 should be assessed for specific target organ toxicity and aspiration toxicity properties in accordance with the ECHA CLP Guidance.
Test methods given in the Test Methods Regulation that rely on animal testing are not appropriate (15). Further in-vitro methods may be available from other sources, such as the European Union Reference Laboratory for alternatives to animal testing (16).
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 the WFD, the results of the test should prevail.
3.6.   
Determining HP 6: Acute Toxicity



Definition and further description of Annex III to WFD

Annex III to the WFD defines HP 6 ‘Acute Toxicity’ as:


‘waste which can cause acute toxic effects following oral or dermal administration, or inhalation exposure’.


The WFD further explains that:

‘If the sum of the concentrations of all substances contained in a waste, classified with an acute toxic hazard class and category code and hazard statement code given in Table 5 [see Table 14 of this document], exceeds or equals the threshold given in that table, the waste shall be classified as hazardous by HP 6. When more than one substance classified as acute toxic is present in a waste, the sum of the concentrations is required only for substances within the same hazard category.’


Cut-off values

The following cut-off values apply to the assessment:






—


for H300, H310, H330, H301, H311, and H331: 0,1 %










—


for H302, H312, H332: 1 %.




An individual substances present at a concentration below the cut off, for a hazard statement code assigned to it, is not included in the sum of the concentrations for that hazard class and category code.

Table 14


Hazard Class, Category Code(s) and Hazard Statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 6









Hazard Class and Category Code(s)


Hazard statement Code(s)


Description


Concentration limit
(sum of substances)




Acute Tox.1 (Oral)


H300


Fatal if swallowed


≥ 0,1 %




Acute Tox. 2 (Oral)


H300


Fatal if swallowed


≥ 0,25 %




Acute Tox. 3 (Oral)


H301


Toxic if swallowed


≥ 5 %




Acute Tox.4 (Oral)


H302


Harmful if swallowed


≥ 25 %




Acute Tox.1 (Dermal)


H310


Fatal in contact with skin


≥ 0,25 %




Acute Tox.2 (Dermal)


H310


Fatal in contact with skin


≥ 2,5 %




Acute Tox.3 (Dermal)


H311


Toxic in contact with skin


≥ 15 %




Acute Tox. 4 (Dermal)


H312


Harmful in contact with skin


≥ 55 %




Acute Tox.1 (Inhal.)


H330


Fatal if inhaled


≥ 0,1 %




Acute Tox.2 (Inhal.)


H330


Fatal if inhaled


≥ 0,5 %




Acute Tox. 3 (Inhal.)


H331


Toxic if inhaled


≥ 3,5 %




Acute Tox. 4 (Inhal.)


H332


Harmful if inhaled


≥ 22,5 %




Figure 12 sets out the determination process for HP 6 (17).




Test Methods

A HP 6 assessment of a waste is to be made on the basis of:






—


the identification of the individual substances in the waste;










—


their classification;










—


reference to concentration limits.




If testing is considered to determining this hazard property, waste containing substances listed in Table 14 should be assessed for acute toxicity properties in accordance with the ECHA CLP Guidance.
Test methods given in the Test Methods Regulation that rely on animal testing are not appropriate (18). Further in-vitro methods may be available from other sources, such as the European Union Reference Laboratory for alternatives to animal testing (19).
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 the WFD, the results of the test should prevail.
3.7.   
Determining HP 7: Carcinogenic



Definition and further description of Annex III to WFD

Annex III to the WFD defines HP 7 ‘Carcinogenic’ as:


‘waste which induces cancer or increases its incidence’


The WFD further explains that:

‘When a waste contains a substance classified by one of the following hazard class and category codes and hazard statement codes and exceeds or equals one of the following concentration limits shown in Table 6 [see Table 15 of this document], the waste shall be classified as hazardous by HP 7. When more than one substance classified as carcinogenic is present in a waste, an individual substance has to be present at or above the concentration limit for the waste to be classified as hazardous by HP 7.’


Table 15


Hazard Class, Category Code(s) and Hazard Statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 7









Hazard Class and Category Code(s)


Hazard statement Code(s)


Description


Concentration limit
(Individual substance)




Carc. 1A


H350


May cause cancer


≥ 0,1 %




Carc. 1B




Carc. 2


H351


Suspected of causing cancer


≥ 1,0 %




An example for the assessment of asbestos according to HP 7 can be found in Annex 1, Section 1.4.3
Figure 13 sets out the determination process for HP 7 (20).




Test Methods

A HP 7 assessment of a waste is to be done based on:






—


the identification of the individual substances in the waste;










—


their classification;










—


reference to concentration limits.




If testing is considered to determining this hazard property, waste containing substances listed in Table 15 should be assessed for carcinogenic properties in accordance with the ECHA CLP Guidance.
Please note that testing to determine carcinogenicity is neither envisaged for waste nor for mixtures in the CLP Regulation. Mutagenicity tests (see Section 3.11) are considered in many cases to be a suitable indicator of potential carcinogenicity.
3.8.   
Determining HP 8: Corrosive



Definition and further description of Annex III to WFD

Annex III to the WFD defines HP 8 ‘Corrosive’ as:


‘waste which on application can cause skin corrosion’


Hazards HP 8 and HP 4 are linked because they refer to the potential for harm or damage to tissue at different levels of severity. See 3.4 for further details.
The WFD further explains that:


‘When a waste contains one or more substances classified as Skin corr.1A, 1B or 1C (H314) and the sum of their concentrations exceeds or equals 5 %, the waste shall be classified as hazardous by HP 8.’



Table 16


Hazard Class, Category Code(s) and Hazard Statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 8









Hazard Class and Category Code(s)


Hazard statement Code(s)


Description


Concentration limit
(Sum of substances)




Skin corr. 1A, 1B, or 1C


H314


Causes severe skin burns and eye damage


≥ 5 %




For cases where a waste contains






—


a substance to be classified as H314 Skin Corr.1A










—


at a concentration ≥ 1 % and ≤ 5 %




see also HP 4 Irritant (chapter 3.4 of this document).

Cut-off values

The following cut-off values apply to the assessment:






—


For H314: 1 %.




An individual substance present at a concentration below this cut off value is not included in the sum of the concentrations for H314.
Figure 14 sets out the determination process for HP 8 (21).




Test Methods

A HP 8 assessment of a waste is made on the basis of






—


identification of the individual substances in the waste;










—


their classification;










—


reference to concentration limits in Annex III to the Waste Framework Directive.




If testing is considered to determining this hazard property, waste containing substances listed in Table 16 should be assessed for corrosive and irritant properties in accordance with the ECHA CLP Guidance. A mixture assigned H314 by this assessment is considered as hazardous by HP 8.
Part B of the Annex to the Test Methods Regulation provides the following in-vitro test methods which may be regarded in the assessment of HP 8 ‘Corrosive’:






—


B.40. In Vitro Skin Corrosion: Transcutaneous Electrical Resistance Test (TER)










—


B.40 BIS. In Vitro Skin Corrosion: Human Skin Model Test




Test methods given in the Test Methods Regulation that rely on animal testing are not appropriate (22).
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 the WFD, the results of the test should prevail.
3.9.   
Determining HP 9: Infectious



Definition and further description of Annex III to WFD

Annex III to the WFD defines HP 9 ‘Infectious’ as:


‘waste containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in man or other living organisms.’


The WFD further explains that:


‘The attribution of HP 9 shall be assessed by the rules laid down in reference documents or legislation in the Member States.’



Remarks on the assessment process for HP 9

Toxins from micro-organisms have to be assessed analogously to chemical substances by considering their assigned hazard statement codes and associated hazardous properties. There are no hazard statement codes for infectious micro-organisms as they are not considered as hazardous substances under the CLP Regulation.
The assessment of HP 9 depends on a reference to categories of specific risk groups of organisms according to their potential to cause and spread infection and their potential clinical treatment (23).
The World Health Organisation (24) provides a widely recognized system categorising organisms according to four risk groups:






—


Risk Group 4 (high individual risk, high community risk);










—


Risk Group 3 (high individual risk, low community risk);










—


Risk Group 2 (moderate individual risk, low community risk);










—


Risk Group 1 (low individual and community risk).




The UN has taken up this approach (25) and set up an indicative list of infectious substances (see Table 17).

Table 17


Indicative examples of infectious substances included in category A
 (26)







UN Number and Proper Shipping Name


Micro-organism





Indicative examples of infectious substances included in category A in any form unless otherwise indicated







UN 2814 Infectious substances affecting humans


Bacillus anthracis (cultures only)
Brucella abortus (cultures only)
Brucella melitensis (cultures only)
Brucella suis (cultures only)
Burkholderia mallei — Pseudomonas mallei — Glanders (cultures only)
Burkholderia pseudomallei — Pseudomonas pseudomallei (cultures only)
Chlamydia psittaci — avian strains (cultures only)
Clostridium botulinum (cultures only)
Coccidioides immitis (cultures only)
Coxiella burnetii (cultures only)
Crimean-Congo haemorrhagic fever virus
Dengue virus (cultures only)
Eastern equine encephalitis virus (cultures only)
Escherichia coli, verotoxigenic (cultures only)
Ebola virus
Flexal virus
Francisella tularensis (cultures only)
Guanarito virus
Hantaan virus
Hantaviruses causing haemorrhagic fever with renal syndrome
Hendra virus
Hepatitis B virus (cultures only)
Herpes B virus (cultures only)
Human immunodeficiency virus (cultures only)
Highly pathogenic avian influenza virus (cultures only)
Japanese Encephalitis virus (cultures only)
Junin virus
Kyasanur Forest disease virus
Lassa virus
Machupo virus
Marburg virus
Monkeypox virus
Mycobacterium tuberculosis (cultures only)
Nipah virus
Omsk haemorrhagic fever virus
Poliovirus (cultures only)
Rabies virus (cultures only)
Rickettsia prowazekii (cultures only)
Rickettsia rickettsii (cultures only)
Rift Valley fever virus (cultures only)
Russian spring-summer encephalitis virus (cultures only)
Sabia virus
Shigella dysenteriae type 1 (cultures only)
Tick-borne encephalitis virus (cultures only)
Variola virus
Venezuelan equine encephalitis virus (cultures only)
West Nile virus (cultures only)
Yellow fever virus (cultures only)
Yersinia pestis (cultures only)





UN 2900 Infectious substances affecting animals only


African swine fever virus (cultures only)
Avian paramyxovirus Type 1 — Velogenic Newcastle disease virus (cultures only)
Classical swine fever virus (cultures only)
Foot and mouth disease virus (cultures only)
Lumpy skin disease virus (cultures only)
Mycoplasma mycoides — Contagious bovine pleuropneumonia (cultures only)
Peste des petits ruminants virus (cultures only)
Rinderpest virus (cultures only)
Sheep-pox virus (cultures only)
Goatpox virus (cultures only)
Swine vesicular disease virus (cultures only)
Vesicular stomatitis virus (cultures only)




Infectious substances (including wastes contaminated with such substances, such as medical or clinical wastes) in category A (as well as cultures of infectious substances of category B) must be classified under transport regulations, as






—


UN 2814 ‘infectious substance, affecting humans’, or










—


UN 2900 ‘infectious substance, affecting animals only’.




Considering the classification applied by the abovementioned UN document, without testing, a reasoned judgment can be made whether the waste under consideration has to be classified as hazardous waste by HP 9.
In this regard, the UK Guidance mentions two general aspects for the assessment of HP 9:






—


In case it has to be decided whether to assign the MH or MNH entry to the waste under consideration, the waste will be assigned the MH entry by virtue of HP 9 if it contains a toxin produced by a micro-organism in a concentration that the waste displays the hazardous property HP 5 (Specific Target Organ Toxicity/Aspiration Toxicity, see Section 3.5) or HP 6 (Acute Toxicity, see Section 3.6). Wastes that might be infectious due to microbial toxins include dredgings or skimmings from waterbodies where a cyanobacterial bloom has occurred.










—


It needs to be identified whether relevant healthcare wastes can be associated with infection and have to be classified as infectious.




Regarding the latter aspect, relevant entries in the LoW (MH and MNH entries) that are linked to HP 9 are:








18 01




Wastes from natal care, diagnosis, treatment or prevention of diseases in humans



 




18 01 03*


wastes whose collection and disposal is subject to special requirements in order to prevent infection


MH




18 01 04


wastes whose collection and disposal is not subject to special requirements in order to prevent infection (for example dressings, plaster casts, linen, disposable clothing, diapers)


MNH





18 02




Wastes from research, diagnosis, treatment or prevention of disease involving animals



 




18 02 02*


wastes whose collection and disposal is subject to special requirements in order to prevent infection


MH




18 02 03


wastes whose collection and disposal is not subject to special requirements in order to prevent infection


MNH




To distinguish between the mirror entries 18 01 03*/18 01 04 or respectively 18 02 02*/18 02 03 the UK Guidance uses the term ‘special requirement’ as decisive criterion. The following information is directly taken from the UK Guidance which states that special requirements apply when:






—


the source person or animal (the patient), is known or suspected to have a disease / infection caused by a micro-organism or its toxin and the waste is likely to contain the viable infectious agent or toxin; or










—


the waste is, or is contaminated with, a culture or an enrichment of a micro-organism or its toxin that may cause disease in man or other living animals; or










—


the waste may cause infection to any person or animal coming into contact with it.




According to the UK Guidance, special requirements should be determined by clinical assessment of each waste item and patient, as follows:






—


clinical assessment should be carried out by a healthcare professional who is familiar with the type of waste generated, the current medical condition and, where feasible, the past medical history of the patient;










—


it is unlikely that it will always be practical, or possible, to identify specific pathogens or toxins within the waste when a patient first presents symptoms as definitive laboratory identification requires time to undertake. The procedure for determining whether a waste is considered hazardous by HP 9 must therefore, where this is the case, assume that the disease causing agent has not been confirmed and should be based on clinical assessment of whether an unidentified infection of any type is suspected or known;










—


all pathogens and microbial toxins should be included in the assessment. HP 9 does not consider the severity of the disease.




Any waste classified as hazardous by virtue of HP 9 Infectious should be kept separately from other waste to prevent contamination.

Test Methods

There are no test methods given in the Test Methods Regulation.
3.10.   
Determining HP 10: Toxic for reproduction



Definition and further description of Annex III to WFD

Annex III to the WFD defines HP 10 ‘Toxic for reproduction’ as:


‘waste which has adverse effects on sexual function and fertility in adult males and females, as well as developmental toxicity in the offspring’


The WFD further explains that:

‘When a waste contains a substance classified by one of the following hazard class and category codes and hazard statement codes and exceeds or equals one of the following concentration limits shown in Table 7 [see Table 18 of this document], the waste shall be classified hazardous according to HP 10. When more than one substance classified as toxic for reproduction is present in a waste, an individual substance has to be present at or above the concentration limit for the waste to be classified as hazardous by HP 10.’


Table 18


Hazard Class, Category Code(s) and Hazard Statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 10









Hazard Class and Category Code(s)


Hazard statement Code(s)


Description


Concentration limit
(Individual substance)




Repr. 1A


H360



May damage fertility or the unborn child



≥ 0,3 %




Repr. 1B




Repr. 2


H361



Suspected of damaging fertility or the unborn child



≥ 3,0 %




Figure 15 sets out the assessment process for HP 10 (27).




Test Methods

A HP 10 assessment of a waste is to be made on the basis of:






—


the identification of the individual substances in the waste;










—


their classification;










—


reference to concentration limits.




If testing is considered to determining this hazard property, waste containing substances listed in Table 18 should be assessed for toxic for reproduction properties in accordance with the ECHA CLP Guidance.
Please note that there are very limited options for testing reproductive toxicity properties in-vitro. Test methods given in the Test Methods Regulation mainly rely on animal testing and thus are not appropriate (28). Further in-vitro methods may be available from other sources, such as the European Union Reference Laboratory for alternatives to animal testing (29).
3.11.   
Determining HP 11: Mutagenic



Definition and further description of Annex III to WFD

Annex III to the WFD defines HP 11 ‘Mutagenic’ as:


‘waste which may cause a mutation, that is a permanent change in the amount or structure of the genetic material in a cell’


The WFD further explains that:

‘When a waste contains a substance classified by one of the following hazard class and category codes and hazard statement codes and exceeds or equals one of the following concentration limits shown in Table 8 [see Table 19 of this document], the waste should be classified hazardous according to HP 11. When more than one substance classified as mutagenic is present in a waste, an individual substance has to be present at or above the concentration limit for the waste to be classified as hazardous by HP 11.’


Table 19


Hazard Class, Category Code(s) and Hazard Statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 11 Mutagenic









Hazard Class and Category Code(s)


Hazard statement Code(s)


Description


Concentration limit
(Individual substance)




Muta. 1A


H340



May cause genetic defects



≥ 0,1 %




Muta. 1B




Muta. 2


H341



Suspected of causing genetic defects



≥ 1,0 %





Flow chart

Figure 16 sets out the determination process for HP 11 (30).




Test Methods

A HP 11 assessment of a waste is to be made on the basis of:






—


the identification of the individual substances in the waste;










—


their classification;










—


reference to concentration limits.




If testing is considered to determining this hazard property, waste containing substances listed in Table 19 should be assessed for mutagenic properties in accordance with the ECHA CLP Guidance.
Part B of the Annex to the Test Methods Regulation provides the following in-vitro test methods which may be considered in the assessment of HP 11 ‘Mutagenic’:






—


B.10. Mutagenicity — In Vitro Mammalian Chromosome Aberration Test










—


B.13/14. Mutagenicity: Reverse Mutation Test Using Bacteria (31)











—


B.15. Mutagenicity Testing and Screening for Carcinogenicity Gene Mutation — Saccharomyces Cerevisiae











—


B.17. Mutagenicity — In Vitro Mammalian Cell Gene Mutation Test




Test methods given in the Test Methods Regulation that rely on animal testing are not appropriate (32).
3.12.   
Determining HP 12: Release of an acute toxic gas



Definition and further description of Annex III to WFD

Annex III to the WFD defines HP 12 ‘Release of an acute toxic gas’ as:


‘waste which releases acute toxic gases (Acute Tox. 1, 2 or 3) in contact with water or an acid’


The WFD further explains that:


‘When a waste contains a substance assigned to one of the following supplemental hazards EUH029, EUH031 and EUH032, it shall be classified as hazardous by HP 12 according to test methods or guidelines.’


A waste containing substances that are assigned EUH029, EUH031 and EUH032 can be tested to show whether it displays that hazardous property or not. Otherwise a waste containing those substances can simply be assumed to be hazardous by HP 12.

Table 20


Hazard statements and supplemental hazards for waste constituents for the classification of wastes as hazardous by HP 12







Hazard Statement(s) / Supplemental Hazard(s)




Contact with water liberates toxic gas


EUH029




Contact with acids liberates toxic gas


EUH031




Contact with acids liberates very toxic gas


EUH032




Figure 17 sets out the assessment process for HP 12 (33).




Calculation method

A detailed example on a possible calculation method for HP 12 is taken from the UK Guidance and presented in the following.
A substance is assigned EUH029, EUH031 or EUH032 if it is capable of releasing an acute toxic gas (34) when water or acid is added.
If a waste contains a substance assigned EUH029, EUH031 or EUH032, it is possible to calculate the limiting concentration of the substance in the waste that would make it hazardous by HP 12. An example of how to do the calculation is given below in Box 4 (35).






Calculation method HP 12









1.


Write a balanced equation for the reaction that produces the gas. The general form of the equation is:











rR


+


wW


=


pP


+


gG




where R is the EUH029, EUH031 or EUH032 substance, W is water or an acid, P is a product of the reaction, and G is the gas released; r, w, p and g are the stoichiometric ratios that balance the equation.












2.


Attribute molecular weights and stoichiometric ratios to the substances in the equation.












3.


Divide (r × molar weight of R) by (g × 22,4). This gives the mass of R that will evolve 1 litre of gas. 1 mol of gas occupies 22,4 litres at standard temperature and pressure.












4.


Divide this amount (in grams) by 1 000 (to convert to kilograms) and multiply it by 100 to give a percentage by weight, and thus the limiting concentration for HP 12 of substance R.
Example calculation: A waste contains aluminium nitride (AlN). Aluminium nitride is an EUH029 substance which reacts with water to give ammonia gas.











AlN


+


3H2O


=


Al(OH)3



+


NH3





aluminium nitride


 


water


 


aluminium hydroxide


 


ammonia




r = 1 mol of AlN, R = 41 g; g = 1 mol NH3.
Limiting concentration of aluminium nitride in waste is ((1 × 41) / (1 × 22,4) / 1 000) × 100, which is 0,18 % (approximately 0,2 %).















Box 4:



Calculation method for HP 12




Threshold limits derived from the calculations for some EUH029, EUH031 or EUH032 substances are given below in Table 21.

Table 21


Examples of substances which may cause a waste to exhibit HP 12 and their threshold concentrations
 (36)









Substance name


Hazard Statement Codes


Equation


Concentration limits for waste to be HP 12 (%) (37)





Phosphorous pentasulphide


EUH029


P2S5 + 8H2O → 5H2S + 2H3PO4



0,1




3,5-dichloro-2,4-difluoro-benzoyl fluoride (DCDFBF)


EUH029


DCDFBF + H2O → HF + Prod.


1,0




Metam-sodium


EUH031


CH3NHCS2Na + H+ → CH3NH2 + CS2 + Na+



0,5




Barium sulphide


EUH031


BaS + 2H+ → H2S + Ba2+



0,8




Barium polysulphides


EUH031


BaSn + 2H+ → H2S + Ba2+ + Sn–1



0,8




Calcium sulphide


EUH031


CaS + 2H+ → H2S + Ca2+



0,3




Calcium polysulphides


EUH031


CaSn + 2H+ → H2S + Ca2+ + Sn–1



0,3




Potassium sulphide


EUH031


K2S + 2H+ → H2S + 2K+



0,5




Ammonium polysulphides


EUH031


(NH4)2Sn + 2H+ → H2S + 2NH4
+ + Sn–1



0,3




Sodium sulphide


EUH031


Na2S + 2H+ → H2S + 2Na+



0,4




Sodium polysulphides


EUH031


Na2Sn + 2H+ → H2S + 2Na+ + Sn–1



0,4




Sodium dithionite


EUH031


Na2O6S2 + 2H+ → 2Na+ + SO2 + H2SO4



0,9




Sodium hypochlorite, solution Cl active (38)



EUH031


2NaOCl + 2H+ → Cl2 + 2Na+ + H2O


2,9




Calcium hypochlorite, solution Cl active (38)



EUH031


Ca(OCl)2 + 2H+ → Cl2 + Ca2+ + H2O


0,6




Dichloroisocyanuric acid


EUH031


C3HCl2N3O3 + 2H+ → C3H3N3O3 + Cl2



0,9




Dichloroisocyanuric acid, sodium salt of


EUH031


C3Cl2N3O3Na + 3H+ → C3H3N3O3 + Cl2 + Na+



1,0




Sodium dichloroisocyanurate, dehydrate


EUH031


C3Cl2N3O3Na · 2H2O + 3H+ → C3H3N3O3 + Cl2 + Na+ + 2H2O


1,1




Trichloroisocyanuric acid


EUH031


2C3Cl3N3O3 + 6H+ → 2C3H3N3O3 + 3Cl2



0,7




Hydrogen cyanide, salts of (with the exception of complex cyanides such as ferrocyanides, ferricyanides and mercuric oxycyanide)


EUH032


NaCN + H+ → HCN + Na+



0,2




Sodium fluoride


EUH032


NaF + H+ → HF + Na+



0,2




Sodium azide


EUH032


NaN3 + H+ + H2O → NO2 + NH3 + Na+



0,3




Trizinc disphosphide


EUH032


Zn3P2 + 6H+ → 2PH3 + 3Zn2+



0,6




Calcium cyanide


EUH032


Ca(CN)2 + 2H+ → 2HCN + Ca2+



0,2




Cadmium cyanide


EUH032


Cd(CN)2 + 2H+ → 2HCN + Cd2+



0,4




Aluminium phosphide


EUH029


AlP + 3H+ → PH3 + Al3+



0,3




EUH032


AlP + 3H2O → PH3 + Al(OH)3



0,3




Calcium phosphide


EUH029


Ca3P2 + 6H2O → 2PH3 + 3Ca(OH)2



0,4




Magnesium phosphide


EUH029
EUH032


Mg3P2 + 6H2O → 2PH3 + 3Mg(OH)2



0,3




Trizinc diphosphide


EUH029
EUH032


Zn3P2 + 6H2O → 2PH3 + 3Zn(OH)2



0,6








Test Methods

There are no direct test methods for HP 12 (39).
Where a test is necessary the test method for emission of flammable gas provided in ECHA CLP Guidance should be used. Where the waste contains EUH031 or EUH032 substances a 1 M hydrochloric acid solution can be used to replace the water in the test.
3.13.   
Determining HP 13: Sensitising



Definition and further description of Annex III to WFD

Annex III to the Waste Framework Directive defines HP 13 ‘Sensitising’ as:


‘waste which contains one or more substances known to cause sensitising effects to the skin or the respiratory organs’


The WFD further explains that:


‘When a waste contains a substance classified as sensitising and is assigned to one of the hazard statement codes H317 or H334 and one individual substance equals or exceeds the concentration limit of 10 %, the waste shall be classified as hazardous by HP 13.’



Table 22


Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 13 Sensitising









Hazard Class and Category Code(s)


Hazard statement Code(s)


Description


Concentration limit
(Individual substance)




Skin Sens. 1, 1A,and 1B


H317



May cause an allergic skin reaction



≥ 10 %




Resp. Sens. 1, 1A and 1B


H334



May cause allergy or asthma symptoms or breathing difficulties if inhaled



≥ 10 %





Flow chart

Figure 18 sets out the assessment process for HP 13 (40).




Test Methods

A HP 13 assessment of a waste is to be made on the basis of:






—


the identification of the individual substances in the waste;










—


their classification;










—


reference to concentration limits.




If testing is considered to determining this hazard property, waste containing substances listed in Table 22 should be assessed for sensitising properties in accordance with the ECHA CLP Guidance.
Test methods given in Part B of the Annex to the Test Method Regulation mainly rely on animal testing and thus are not appropriate (41). Further in-vitro methods may be available from other sources, such as the European Union Reference Laboratory for alternatives to animal testing (42).
3.14.   
Determining HP 14: Ecotoxic



Definition and further description of Annex III to WFD

Annex III to the Waste Framework Directive was amended as concerns hazardous property HP 14 ‘Ecotoxic’ by Council Regulation (EU) 2017/997 (43). The changes introduced by this regulation are applicable as of 5 July 2018. Therefore, the assessment of HP 14 should be done as follows:

In the period 1 June 2015 to 5 July 2018:

Annex III to the Waste Framework Directive defines HP 14 ‘Ecotoxic’ as:


‘waste which presents or may present immediate or delayed risks for one or more sectors of the environment’


HP 14 describes the ecotoxicological potential as an intrinsic property of waste, by indicating whether the waste presents or may present immediate or delayed risks for one or more sectors of the environment.
As a specific assessment methodology concerning HP 14 ‘Ecotoxic’ has only been specified in Council Regulation (EU) 2017/997, in the period before the application date of that Regulation, i.e. 5 July 2018, authorities and operators should refer to national rules in place in their own Member State for the determination of HP 14 ‘Ecotoxic’.

As of 5 July 2018 — Definition and further description of Annex III to WFD, as amended by Council Regulation (EU) 2017/997

Annex III to the Waste Framework Directive, defines HP 14 ‘Ecotoxic’ as:


‘waste which presents or may present immediate or delayed risks for one or more sectors of the environment’


The WFD further explains that:

‘Waste which fulfils any of the following conditions shall be classified as hazardous by HP 14:







—



Waste which contains a substance classified as ozone depleting assigned the hazard statement code H420 in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council (*) and the concentration of such a substance equals or exceeds the concentration limit of 0,1 %. [c(H420) ≥ 0,1 %]











—



Waste which contains one or more substances classified as aquatic acute assigned the hazard statement code H400 in accordance with Regulation (EC) No 1272/2008 and the sum of the concentrations of those substances equals or exceeds the concentration limit of 25 %. A cut-off value of 0,1 % shall apply to such substances. [Σ c (H400) ≥ 25 %]











—



Waste which contains one or more substances classified as aquatic chronic 1, 2 or 3 assigned to the hazard statement code(s) H410, H411 or H412 in accordance with Regulation (EC) No 1272/2008, and the sum of the concentrations of all substances classified as aquatic chronic 1 (H410) multiplied by 100 added to the sum of the concentrations of all substances classified as aquatic chronic 2 (H411) multiplied by 10 added to the sum of the concentrations of all substances classified as aquatic chronic 3 (H412) equals or exceeds the concentration limit of 25 %. A cut-off value of 0,1 % applies to substances classified as H410 and a cut-off value of 1 % applies to substances classified as H411 or H412. [100 × Σc (H410) + 10 × Σc (H411) + Σc (H412) ≥ 25 %]











—



Waste which contains one or more substances classified as aquatic chronic 1, 2, 3 or 4 assigned the hazard statement code(s) H410, H411, H412 or H413 in accordance with Regulation (EC) No 1272/2008, and the sum of the concentrations of all substances classified as aquatic chronic equals or exceeds the concentration limit of 25 %. A cut-off value of 0,1 % applies to substances classified as H410 and a cut-off value of 1 % applies to substances classified as H411, H412 or H413. [Σ c H410 + Σ c H411 + Σ c H412 + Σ c H413 ≥ 25 %]


Where: Σ = sum and c = concentrations of the substances.’





Waste which fulfils any of the conditions listed in the four indents should be classified as hazardous by HP 14.
It should be noted that the four indents — including the third and the fourth one — should be applied simultaneously: they should not be read as ‘options’ from which a choice can be made. In other words, if the concentration limits indicated in any of the four indents/formulae are exceeded, the waste will be classified as ecotoxic. Thus, wastes that contain substances classified as H410, H411 and H412 (regardless of whether or not they also contain substances classified as H413), should in all cases be classified on the basis of the third indent.
Recital (8) of Council Regulation (EU) 2017/997 reiterates the text of the Annex to the LoW which states that 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 the WFD, the results of the test should prevail. Currently the Commission cannot provide specific recommendations regarding the approach to be followed for the ecotoxicological characterisation of waste using biotests.
Council Regulation (EU) 2017/997 also makes reference in Recital (8) to Article 12 (b) of Regulation (EC) No 1272/2008 which relates to bioavailability, and the methodologies for its application which could potentially be used for waste, if appropriate.
Until further EU guidance is available, it is up to the Member States to decide, on a case-by-case basis, on the acceptability and interpretation of results resulting from the ecotoxicological characterisation of waste using biotests including, where appropriate, considerations about bioavailability and bioaccessibility.

Cut-off values

The following cut-off values apply to the assessment:






—


for H420,H400, H410: 0,1 %










—


for H411,H412, H413: 1 %.




An individual substance present at a concentration below the cut-off, for a hazard statement code assigned to it, is not included in the sum of the concentrations for that hazard class and category code.

Table 23


Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents and the corresponding concentration limits applicable for substances classified with each hazard statement code
 (44)
for the classification of wastes as hazardous by HP 14 Ecotoxic









Hazard Class and Category Code(s)


Hazard statement Code(s)


Description


Concentration limit
(Individual substance or sum of substances)




Ozone 1


H420


Harms public health and the environment by destroying ozone in the upper atmosphere


≥ 0,1 %




Aquatic Acute 1


H400


Very toxic to aquatic life


≥ 25 %




Aquatic Chronic 1


H410


Very toxic to aquatic life with long lasting effects


≥ 0,25 %




Aquatic Chronic 2


H411


Toxic to aquatic life with long lasting effects


≥ 2,5 %




Aquatic Chronic 3


H412


Harmful to aquatic life with long lasting effects


≥ 25 %




Aquatic Chronic 4


H413


May cause long lasting harmful effects to aquatic life


≥ 25 %




Figure 19 sets out the assessment process for HP 14.



Test methods given in the Test Methods Regulation that rely on vertebrate animal testing are not appropriate (45).
3.15.   
Determining HP 15: Waste capable of exhibiting a hazardous property listed above not directly displayed by the original waste



Definition and further description of Annex III to WFD

Annex III to the Waste Framework Directive defines HP 15 as:


‘waste capable of exhibiting a hazardous property listed above not directly displayed by the original waste’


The WFD further explains that:

‘When a waste contains one or more substances assigned to one of the hazard statements or supplemental hazards shown in Table 9 [see Table 24 of this document], the waste shall be classified as hazardous by HP 15, unless the waste is in such a form that it will not under any circumstance exhibit explosive or potentially explosive properties.

In addition, Member States may characterise a waste as hazardous by HP 15 based on other applicable criteria, such as an assessment of the leachate.’

A waste containing substances that are assigned hazard statement or supplemental hazard codes in Table 24: can be tested to show whether it exhibits that hazardous property or not. Alternatively a waste containing those substances can simply be assumed to be hazardous by HP 15.
Member States may characterise a waste as hazardous by HP 15 based on other applicable criteria, such as an assessment of the leachate.

Table 24


Hazard statements and supplemental hazards for waste constituents for the classification of wastes as hazardous by HP 15







Hazard Statement(s) / Supplemental Hazard(s)




May mass explode in fire


H205




Explosive when dry


EUH001




May form explosive peroxides


EUH019




Risk of explosion if heated under confinement


EUH044




Figure 20 sets out the assessment process for HP 15 (46).




Test Methods

Wastes containing substances listed in Table 24 should be assessed or tested for in accordance with the ECHA CLP Guidance. in particular guidance on the classification of mixtures for EUH001, EUH044 and H205.
A waste that would be labelled with a hazard statement or supplementary hazard code as a result assessment for EUH001, EUH019, EUH044 or H205 possesses the hazardous property HP 15.


(1)  Adjusted on the basis of the UK Guidance.

(2)  Commission Regulation (EU) 2017/776 of 4 May 2017 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (OJ L 116, 5.5.2017, p. 1).

(3)  Adjusted on the basis of the UK Guidance.

(4)  Adjusted on the basis of the UK Guidance.

(5)  Based on the UK Guidance.

(6)  This is not a complete list of such substances. These examples are extracted from the UK Guidance.

(7)  Rounded to one decimal place.

(8)  Please note that the OVAM Guidance indicates that if waste contains H315 and/or H319 substances, and the sum exceeds, than the waste is classified as HP4.

(9)  More information on acid/alkali reserve test can be found in ‘Test No. 122: Determination of pH, Acidity and Alkalinity’ within the OECD Guidelines for the Testing of Chemicals, please see http://www.oecd-ilibrary.org/environment/test-no-122-determination-of-ph-acidity-and-alkalinity_9789264203686-en or in Young, J.R.; How, M.J.; Walker, A.P.; Worth, W.M.H. (1988): Classification as corrosive or irritant to skin of preparations containing acidic or alkaline substances, without testing on animals; England.

(10)  Adjusted on the basis of the UK Guidance.

(11)  See Annex to the LoW (point 2, indent 2): ‘A hazardous property can be assessed by using the concentration of substances in the waste as specified in Annex III to Directive 2008/98/EC or, unless otherwise specified in Regulation (EC) No 1272/2008, by performing a test in accordance with Regulation (EC) No 440/2008 or other internationally recognised test methods and guidelines, taking into account Article 7 of Regulation (EC) No 1272/2008 as regards animal and human testing.’

(12)  https://eurl-ecvam.jrc.ec.europa.eu/.

(14)  Adjusted on the basis of the UK Guidance.

(15)  See Annex to the LoW (point 2, indent 2): ‘A hazardous property can be assessed by using the concentration of substances in the waste as specified in Annex III to Directive 2008/98/EC or, unless otherwise specified in Regulation (EC) No 1272/2008, by performing a test in accordance with Regulation (EC) No 440/2008 or other internationally recognised test methods and guidelines, taking into account Article 7 of Regulation (EC) No 1272/2008 as regards animal and human testing.’

(16)  https://eurl-ecvam.jrc.ec.europa.eu/

(17)  Adjusted on the basis of the UK Guidance.

(18)  See Annex to the LoW (point 2, indent 2): ‘A hazardous property can be assessed by using the concentration of substances in the waste as specified in Annex III to Directive 2008/98/EC or, unless otherwise specified in Regulation (EC) No 1272/2008, by performing a test in accordance with Regulation (EC) No 440/2008 or other internationally recognised test methods and guidelines, taking into account Article 7 of Regulation (EC) No 1272/2008 as regards animal and human testing.’

(19)  https://eurl-ecvam.jrc.ec.europa.eu/.

(20)  Adjusted from the UK Guidance.

(21)  Adjusted on the basis of the UK Guidance.

(22)  See Annex to the LoW (point 2, indent 2): ‘A hazardous property can be assessed by using the concentration of substances in the waste as specified in Annex III to Directive 2008/98/EC or, unless otherwise specified in Regulation (EC) No 1272/2008, by performing a test in accordance with Regulation (EC) No 440/2008 or other internationally recognised test methods and guidelines, taking into account Article 7 of Regulation (EC) No 1272/2008 as regards animal and human testing.’

(23)  United Nations Environment Programme (UNEP) (2004): Draft guidance paper on hazard characteristics H6.2 (infectious substances), available at: http://archive.basel.int/meetings/cop/cop7/docs/11a1r1e.pdf.

(24)  More information can be found in ‘World Health Organization (2004): Laboratory Biosafety Manual, Third Edition’, available at: http://www.who.int/csr/resources/publications/biosafety/WHO_CDS_CSR_LYO_2004_11/en/

(25)  United Nations (2015): Transport of dangerous goods Model Regulations Volume I, 19th revision, available at: http://www.unece.org/trans/danger/publi/unrec/rev19/19files_e.html

(26)  The examples are taken from Table 2.6.3.2.2.1 in Transport of dangerous goods Model Regulations Volume I, 19th revision

(27)  Adjusted on the basis of the UK Guidance.

(28)  See Annex to the LoW (point 2, indent 2): ‘A hazardous property can be assessed by using the concentration of substances in the waste as specified in Annex III to Directive 2008/98/EC or, unless otherwise specified in Regulation (EC) No 1272/2008, by performing a test in accordance with Regulation (EC) No 440/2008 or other internationally recognised test methods and guidelines, taking into account Article 7 of Regulation (EC) No 1272/2008 as regards animal and human testing.’

(29)  https://eurl-ecvam.jrc.ec.europa.eu/.

(30)  Adjusted on the basis of the UK Guidance.

(31)  Guidance on sample preparation for the purpose of mutagenicity testing of waste can be found in: Guidelines for Preparing Environmental and Waste Samples for Mutagenicity (Ames) testing. USEPA report EPA 600/4-85/058. USEPA (1985).

(32)  Annex to the LoW (point 2, indent 2): ‘A hazardous property can be assessed by using the concentration of substances in the waste as specified in Annex III to Directive 2008/98/EC or, unless otherwise specified in Regulation (EC) No 1272/2008, by performing a test in accordance with Regulation (EC) No 440/2008 or other internationally recognised test methods and guidelines, taking into account Article 7 of Regulation (EC) No 1272/2008 as regards animal and human testing.’

(33)  Adjusted on the basis of the UK Guidance.

(34)  The gases that are likely to be released include hydrogen sulphide, hydrogen fluoride, carbon disulphide, sulphur dioxide, chlorine, nitrogen dioxide, ammonia and hydrogen cyanide.

(35)  Adjusted on the basis of the UK Guidance.

(36)  This is not a complete list of substances with these properties. This is taken from the UK Guidance.

(37)  Rounded to one decimal place

(38)  Based on 29,3 g sodium hypochlorite per 100 ml (max solubility)

(39)  Please note that INERIS worked on a test method for HP 12, see Hennebert P, Samaali I, Molina P. 2014. Waste hazard property HP 12 (emission of toxic gas in contact with water or an acid): proposition of method and first results. Proceedings of 4th International Conference on Industrial and Hazardous Waste Management. Chania (Greece). 2-5/09/2014. 10 p. Version updated with the decisions of 2014: Hennebert P., Rebischung F. 2015. To be noted also that Chapter 9 of USEPA ‘Test Methods for Evaluating Solid Waste, Physical/Chemical Methods. SW-846. EPA Publication.’ provides a method for determining ‘reactivity’ which includes emissions of toxic gases, liberated under a laboratory set-up.

(40)  Adjusted on the basis of the UK Guidance.

(41)  See Annex to the LoW (point 2, indent 2): ‘A hazardous property can be assessed by using the concentration of substances in the waste as specified in Annex III to Directive 2008/98/EC or, unless otherwise specified in Regulation (EC) No 1272/2008, by performing a test in accordance with Regulation (EC) No 440/2008 or other internationally recognised test methods and guidelines, taking into account Article 7 of Regulation (EC) No 1272/2008 as regards animal and human testing.’

(42)  https://eurl-ecvam.jrc.ec.europa.eu/.

(43)  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).

(44)  It should be noted that these limits are to be understood in the context of the third equation in the annex of Council Regulation (EU) 2017/997. Where in a same waste several substances are present, classified in several of the hazard classes, their presence in individual (or summed) concentrations per hazard class code, below the limits stated, could still lead to the waste being classified as HP 14, subject to the result of applying equation 3.

(45)  See Annex to the LoW (point 2, indent 2): ‘A hazardous property can be assessed by using the concentration of substances in the waste as specified in Annex III to Directive 2008/98/EC or, unless otherwise specified in Regulation (EC) No 1272/2008, by performing a test in accordance with Regulation (EC) No 440/2008 or other internationally recognised test methods and guidelines, taking into account Article 7 of Regulation (EC) No 1272/2008 as regards animal and human testing.’

(46)  Adjusted on the basis of the UK Guidance.



ANNEX 4

Sampling and chemical analysis of waste

In many cases, sufficient information on the waste in question will be available without a need for sampling, chemical analyses and testing (see Annex 2 for other information sources than sampling and chemical analyses of waste). Where sampling and/or chemical analyses are required, this Annex presents a brief overview on waste sampling according to European standards, mentioning the basic concepts. For more details please refer to the presented standards. In addition, this Annex contains a section with more information and references to specific issues of chemical analyses of waste.
4.1.   
Sampling


Poor sampling is one of the factors that undermine reliable classification of waste. Hence it is strongly recommended that sampling for the purpose of waste classification should be conducted in accordance with the available CEN standards, as they are presented below.
4.1.1.   Sampling framework

The European Committee for Standardization (CEN), through its technical committee TC 292 has developed several standards, Technical Reports/Specifications, and state of the art documents for the characterisation of waste. Available documents need to be considered in a coordinated manner. The following list contains relevant standard documents on the ‘characterisation of waste — Sampling of waste materials’:






—



EN 14899

Framework for the preparation and application of a sampling plan;










—



CEN/TR 15310-1:2006

Guidance on selection and application of criteria for sampling under various conditions;










—



CEN/TR 15310-2:2006

Guidance on sampling techniques;










—



CEN/TR 15310-3:2006

Guidance on procedures for sub-sampling in the field;










—



CEN/TR 15310-4:2006

Guidance on procedures for sample packaging, storage, preservation, transport and delivery;










—



CEN/TR 15310-5:2006

Guidance on the process of defining the sampling plan.




To obtain accurate and representative results, a testing programme needs to be set up before the first sample is taken. This way it is ensured that all necessary factors are considered to enable representative conclusions for the whole waste based on sample(s). EN 14899 describes this testing programme in detail. In particular seven steps are defined which are displayed in Figure 21.
Alternative sampling procedures are acceptable if they have considered the relevant factors identified in the standards listed above and produce an equally reliable result.



4.1.2.   Sampling methodology

As Figure 21 covers the whole testing programme according to EN 14899:2005 in general, a more detailed focus should be drawn on the sampling methodology, which consists of three key elements as displayed in Figure 22:






1.


define the sampling plan;










2.


take a field sample in accordance with the sampling plan;










3.


transport the laboratory sample to the laboratory.




Each key element is divided in further sub-elements one should follow to obtain standardised sampling results.
Especially for defining the sampling plan several steps have to be performed. An informative template for a sampling plan is displayed in Annex A to EN 14899:2005. Figure 22 presents all sub-elements according to EN 14899:2005 and references to the corresponding technical report, where more detailed information can be found. Please note that Figure 22 (key elements including the definition of a sampling plan) has to be considered as a more detailed segment of the overall testing programme as presented in Figure 21.
Also note that EN 15002:2015 gives further guidance on how to prepare test portions from the laboratory sample (see Step 4 in Figure 21) which will be the next step after the preparing and applying the sampling methodology as it will be presented in detail in Figure 22).



4.1.3.   Sampling standards for different waste types

Waste can be present in a large variety of composition and consistency. To ensure reliable results, sampling methods need to be adapted according to the nature of the waste to be sampled. CEN/TR 15310-2:2006 provides detailed information on sampling methods and techniques for different waste types while considering different circumstances. The following materials are referred to:






—


mobile or viscous liquids










—


sludge or paste-like substances










—


powders granules and small crystals










—


coarse or lumpy solids.




For most of these materials CEN/TR 15310-2:2006 refers to the following ways in which the waste may be stored or otherwise be available for sampling:






—


drums, bags, kegs, blocks, cask or small or flexible walled containers










—


vertical uniform or irregular, or horizontal cylindrical tanks










—


moving liquids in a pipeline










—


lagoons or pits










—


hoppers, heaps, stockpiles and silos, falling streams and band or screw conveyors










—


massive or large pieces.




Complementary, CEN/TR 15310-3:2006 describes relevant aspects for preparation of sampling and sub-sampling in the field considering different consistencies of the waste in question.
Please note that further technical guidance on sampling methods for waste may be available on MS specific level.
4.1.4.   Sampling strategies to deal with homogeneity/ heterogeneity

A basic condition for reliable results from sampling is that samples are representative for the waste composition. In the case of waste this is often complex since on the one hand pollutants may be distributed non-homogenously throughout the waste and on the other hand certain wastes additionally show a heterogeneous matrix (1).
Following EN 14899:2005, heterogeneity is the degree to which one constituent is non-uniformly distributed across the sample population. By contrast, homogeneity can be seen as the degree to which one constituent is uniformly distributed across the sample population.
MS specific technical guidelines may exist which provide further information on sampling strategies addressing heterogeneity of waste (2).
If the heterogeneity of the waste is minimized as far as feasible, CEN/TR 15310-1:2006 and partly also CEN/TR 15310-2:2006 provide a holistic overview on sampling strategies to deal with heterogeneous and homogeneous waste types. It is important to already adapt the sampling plan to the heterogeneity of the waste to be sampled.
4.1.5.   Statistical approach of sampling

The overall statistical approach of sampling including statistical basics applied to the special case of waste sampling is provided by CEN/TR 15310-1:2006. An excerpt of presented information within the technical report can be found below:






—


Definition of population to be sampled






—


Overall population










—


Sub-population














—


Variability






—


Spatial variability










—


Temporal variability










—


Random variability














—


Different sampling approaches






—


Probabilistic sampling










—


Judgemental sampling














—


Sampling patterns






—


Simple random sampling










—


Stratified random sampling










—


Systematic sampling










—


Judgemental sampling














—


Sample size










—


Frequency of sampling










—


Reliability of sampling results






—


Confidence limits








4.2.   
Chemical analysis of waste


As already indicated in Chapter 3.2.1 (‘Step 3’), in certain cases the information derived from e.g. a SDS of a product becoming waste, GHS labels, knowledge of the ‘waste-generating’ process and other databases are not sufficient to allow an assessment of the hazardous properties of the waste in question. Given that having sufficient knowledge on the waste's composition is a prerequisite to be able to make use of the calculation approach described in Chapter 3.2.2 (‘Step 4’), a chemical analysis of the waste in question may be necessary.
As a general information basis, Table 25 contains a non-exhaustive list of CEN methods and standards for the characterisation of waste (3).

Table 25


Non-exhaustive list on CEN methods and standards for the characterisation of waste







Reference


Title





Leaching Tests






CEN/TS 16660:2015


Characterization of waste. Leaching behaviour test. Determination of the reducing character and the reducing capacity




EN 15863:2015


Characterization of waste. Leaching behaviour test for basic characterization. Dynamic monolithic leaching test with periodic leachant renewal, under fixed conditions




EN 14997:2015


Characterization of waste. Leaching behaviour test. Influence of pH on leaching with continuous pH control




EN 14429:2015


Characterization of waste. Leaching behaviour test. Influence of pH on leaching with initial acid/base addition




EN 14429:2015


Characterization of waste. Leaching behaviour test. Influence of pH on leaching with initial acid/base addition




EN 14997:2015


Characterization of waste. Leaching behaviour test. Influence of pH on leaching with continuous pH control




CEN/TS 15364:2006


Characterization of waste. Leaching behaviour tests. Acid and base neutralization capacity test




CEN/TS 14405:2004


Characterization of waste. Leaching behaviour tests. Up-flow percolation test (under specified conditions)




EN 12457-1:2002


Characterisation of waste. Leaching. Compliance test for leaching of granular waste materials and sludges. One stage batch test at a liquid to solid ratio of 2 l/kg for materials with high solid content and with particle size below 4 mm (without or with size reduction)




EN 12457-2:2002


Characterisation of waste. Leaching. Compliance test for leaching of granular waste materials and sludges. One stage batch test at a liquid to solid ratio of 10 l/kg for materials with particle size below 4 mm (without or with size reduction)




EN 12457-3:2002


Characterisation of waste. Leaching. Compliance test for leaching of granular waste materials and sludges. Two stage batch test at a liquid to solid ratio of 2 l/kg and 8 l/kg for materials with a high solid content and with a particle size below 4 mm (without or with size reduction)




EN 12457-4:2002


Characterisation of waste. Leaching. Compliance test for leaching of granular waste materials and sludges. One stage batch test at a liquid to solid ratio of 10 l/kg for materials with particle size below 10 mm (without or with size reduction)





Analyses of Compounds






EN 16377:2013


Characterization of waste. Determination of brominated flame retardants (BFR) in solid waste




EN 16192:2011


Characterization of waste. Analysis of eluates




EN 15216:2007


Characterization of waste. Determination of total dissolved solids (TDS) in water and eluates





Total Organic Carbon (TOC)






EN 13137:2001


Characterisation of waste. Determination of total organic carbon (TOC) in waste, sludges and sediments





Digestion






EN 13656:2002


Characterization of waste. Microwave assisted digestion with hydrofluoric (HF), nitric (HNO3), and hydrochloric (HCl) acid mixture for subsequent determination of elements




EN 13657:2002


Characterization of waste. Digestion for subsequent determination of aqua regia soluble portion of elements





Hydrocarbons C10 to C40






EN 14039:2004


Characterization of waste. Determination of hydrocarbon content in the range of C10 to C40 by gas chromatography





Dry Matter






EN 14346:2006


Characterization of waste. Calculation of dry matter by determination of dry residue or water content





Inorganic Compounds






EN 14582:2007


Characterization of waste. Halogen and sulfur content. Oxygen combustion in closed systems and determination methods




EN 15192:2006


Characterisation of waste and soil. Determination of chromium (VI) in solid material by alkaline digestion and ion chromatography with spectrophotometric detection





Organic Compounds






EN 15308:2008


Characterization of waste. Determination of selected polychlorinated biphenyls (PCB) in solid waste by using capillary gas chromatography with electron capture or mass spectrometric detection




EN 15527:2008


Characterization of waste. Determination of polycyclic aromatic hydrocarbons (PAH) in waste using gas chromatography mass spectrometry (GC/MS)





Elemental composition






EN 16424:2014


Characterization of waste. Screening methods for the element composition by portable X-ray fluorescence instruments




EN 15309:2007


Characterization of waste and soil. Determination of elemental composition by X-ray fluorescence




Information derived from chemical analyses of waste that can be used for the classification of waste should be compositional data. Results from leaching tests — as often obtained from laboratory results in the frame of testing the fulfilment of WAC criteria from the Landfill Directive — are not generally useful for the hazard classification of waste. The only exemption from this principle may be the case of assessing HP 15. In particular, this means that, e.g. if a waste has failed the Inert WAC criteria from the Landfill Directive, it will not be hazardous or respectively non-hazardous automatically. WAC results should not be used as the sole source of information for hazardous waste classification. A WAC analysis is only actually required if 1) the chosen treatment is disposal in a landfill and 2) the class of landfill previously defined by a hazardous or non-hazardous classification requires a numerical WAC test. However, the substances present in the leachate may offer some clues regarding the constituents of the source waste.
Please note that in particular regarding inorganic substances, chemical analyses usually do not provide information about the specific chemical compounds within a waste but only allow the identification of cations and anions. Neither the molecular composition nor other consideration, such as the identification of mineralogical forms is usually possible using conventional analytical techniques. In the following, some possible methods to overcome this obstacle are presented. More approaches and conventions on MS level may be available which should be checked additionally.
4.2.1.   Realistic worst case substances

In the likely case that the waste holder has some knowledge on the elements but not on the substances present in the waste, it is suggested to use the concept of determining ‘reasonable worst case’ substances for each identified element. These worst case substances should be determined for each hazardous property and in the following should be used for the assessment of hazardous properties (see Chapter 3.2.2).
Worst case substances should be determined taking into consideration which substances reasonably could exist in the waste (e.g. based on the substances used in the process generating the waste and its associated chemistry) (4).
4.2.2.   Generic entries

No further speciation on identified elements is needed for elements having a ‘generic entry’ in the list of harmonised classifications in Table 3 of Part 3 of Annex VI to the CLP Regulation. However, the notes relating to the classification and labelling of mixtures presented in Chapter 1.1.3.2 of Annex VI to the CLP Regulation may be taken into account when establishing the hazardous properties of wastes based on ‘generic entries’. These entries are presented in Table 26.

Table 26


Generic entries of elements (11) in the CLP Regulation










Ele-ment


Index No


International Chemical Identification


Hazard Class and Category Code(s)


Hazard Statement Code(s)





As



033-002-00-5



arsenic compounds, with the exception of those specified elsewhere in this Annex


Acute Tox. 3 *
Acute Tox. 3 *
Aquatic Acute 1
Aquatic Chronic 1


H331
H301
H400
H410





Ba



056-002-00-7



barium salts, with the exception of barium sulphate, salts of 1-azo-2-hydroxynaphthalenyl aryl sulphonic acid, and of salts specified elsewhere in this Annex


Acute Tox. 4 *
Acute Tox. 4 *


H332
H302





Be



004-002-00-2



beryllium compounds with the exception of aluminium beryllium silicates, and with those specified elsewhere in this Annex


Carc. 1B
Acute Tox. 2 *
Acute Tox. 3 *
STOT RE 1
Eye Irrit. 2
STOT SE 3
Skin Irrit. 2
Skin Sens. 1
Aquatic Chronic 2


H350i
H330
H301
H372 **
H319
H335
H315
H317
H411





Cd



048-001-00-5



cadmium compounds, with the exception of cadmium sulphoselenide (xCdS · yCdSe), reaction mass of cadmium sulphide with zinc sulphide (xCdS · yZnS), reaction mass of cadmium sulphide with mercury sulphide (xCdS · yHgS), and those specified elsewhere in this Annex


Acute Tox. 4 *
Acute Tox. 4 *
Acute Tox. 4 *
Aquatic Acute 1
Aquatic Chronic 1


H332
H312
H302
H400
H410





Cr(VI)



024-017-00-8



chromium (VI) compounds, with the exception of barium chromate and of compounds specified elsewhere in this Annex


Carc. 1B
Skin Sens. 1
Aquatic Acute 1
Aquatic Chronic 1


H350i
H317
H400
H410





Hg



080-002-00-6


inorganic compounds of mercury with the exception of mercuric sulphide and those specified elsewhere in this Annex


Acute Tox. 2 *
Acute Tox. 1
Acute Tox. 2 *
STOT RE 2 *
Aquatic Acute 1
Aquatic Chronic 1


H330
H310
H300
H373 **
H400
H410





Pb



082-001-00-6



lead compounds with the exception of those specified elsewhere in this Annex


Repr. 1A
Acute Tox. 4 *
Acute Tox. 4 *
STOT RE 2 *
Aquatic Acute 1
Aquatic Chronic 1


H360Df
H332
H302
H373 **
H400
H410





Sb



051-003-00-9



antimony compounds, with the exception of the tetroxide (Sb2O4), pentoxide (Sb2O5), trisulphide (Sb2S3), pentasulphide (Sb2S5) and those specified elsewhere in this Annex


Acute Tox. 4 *
Acute Tox. 4 *
Aquatic Chronic 2


H332
H302
H411





Se



034-002-00-8



selenium compounds with the exception of cadmium sulphoselenide and those specified elsewhere in this Annex


Acute Tox. 3 *
Acute Tox. 3 *
STOT RE 2
Aquatic Acute 1
Aquatic Chronic 1


H331
H301
H373 **
H400
H410





Tl



081-002-00-9



thallium compounds, with the exception of those specified elsewhere in this Annex


Acute Tox. 2 *
Acute Tox. 2 *
STOT RE 2 *
Aquatic Chronic 2


H330
H300
H373 **
H411





U



092-002-00-3



uranium compounds with the exception of those specified elsewhere in this Annex


Acute Tox. 2 *
Acute Tox. 2 *
STOT RE 2
Aquatic Chronic 2


H330
H300
H373 **
H411






(1)  Bund/Länder-Arbeitsgemeinschaft Abfall (2012): LAGA-Methodensammlung Abfalluntersuchung, Dresden, Germany

(2)  For example, Bund/Länder-Arbeitsgemeinschaft Abfall (2004]: LAGA PN 98 — Richtlinie für das Vorgehen bei physikalischen, chemischen und biologischen Untersuchungen im Zusammenhang mit der Verwertung/Beseitigung von Abfällen, Dresden Germany, provides additional guidelines applied in Germany for examining the waste on its heterogeneity. In particular liquid, pumpable and dusty wastes as well as wastes where homogeneity can be assured via a visual inspection are considered to be homogeneous. All other wastes are considered to be heterogeneous.

(3)  To be noted that there are recommendations and examples available on MS level which may give further guidance on the determination of constituents in liquid and solid waste. For instance, a method for the exhaustive determination of elements and substances in liquid and solid waste is proposed in ‘Characterization of waste — Determination of elements and substances in waste’ described in the experimental standard AFNOR XP X30-489. It is a Work Item submitted to vote at European level CEN/TC 292/WG 5 N 735 Determination of content of elements and substances in waste — experimental AFNOR Standard XP X30-489 (CEN/TC 292 N 1430) for standardisation. More information on this document can be found at Hennebert, P.; Papin, A.; Padox, J.-M.; Hasebrouck, B. (2013): The evaluation of an analytical protocol for the determination of substances in waste for hazard classification, Paris, France, available at: http://www.sciencedirect.com/science/article/pii/S0956053X13001554. Furthermore, apart from CEN methods and standards, United States Environmental Protection Agency (2014): Test Methods for Evaluating Solid Waste (SW-846), available at: http://www3.epa.gov/epawaste/hazard/testmethods/sw846/online/index.htm provides information on sampling and analysis of solid waste as applied in the US.

(4)  The term ‘reasonable’ is explained for instance in the UK Guidance Document as ‘reasonable indicates that substances that cannot exist within the waste because, for example, of their physical and chemical properties can be excluded’. A similar explanation is used by BMU Guidance Document. The INERIS guidance contains a collection of ‘realistic worst case’ substances by elements for each hazardous properties, which can serve as general information basis.



ANNEX 5

Sources and external references

Bundesministerium für Umwelt, Naturschutz und Reaktorsicherheit (BMU) (2005): Hinweise zur Anwendung der Abfallverzeichnis-Verordnung vom 10. Dezmeber 2001, BGB1. I S. 3379, available at: http://www.bmub.bund.de/fileadmin/bmu-import/files/abfallwirtschaft/downloads/application/pdf/avv_erlaeuterungen.pdf, Access on 09/04/2015
Ministry for the Environment and Transport Baden-Wuerttemberg (2003): Handbook ‘How to apply the European Waste List 2001/118/EC’, Stuttgart, Germany, available at: http://abag-itm.de/fileadmin/Dateien/ABAG/Informationsschriften/Band_B/Band_B_englisch.pdf, Access on: 02/04/2015
David O'Farrell, Cumbria County Council (2011): Dealing with tar bound arisings, available at: http://www.soci.org/~/media/Files/Conference%20Downloads/2011/Recycling%20and%20Re%20using%20Asphalt%20Mar%2011/David_OFarrell_Presentation.ashx, Access on 26/03/2015
European Commission — Directorate-General Environment (2013): Guidance on the interpretation of key provisions of Directive 2008/97/EC on waste, available at http://ec.europa.eu/environment/waste/framework/pdf/guidance_doc.pdf, Access on: 01/04/2015
European Commission, Joint Research Centre (2013): Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances — Guidance on technical implementation issues, available at: http://www.unece.org/fileadmin/DAM/env/documents/2013/TEIA/QA_2011_review_2013.pdf, Access on 14/04/2015
European Commission, Joint Research Centre (2014): End of waste criteria for waste plastics for conversion. Technical proposal. Final draft report, DG JRC, IPTS, Seville, Spain.
European Chemicals Agency (ECHA) (2017): Guidance on the application of the CLP Criteria — Guidance on the application of the CLP Criteria, latest version (July 2017) available at https://echa.europa.eu/documents/10162/23036412/clp_en.pdf/58b5dc6d-ac2a-4910-9702-e9e1f5051cc5
European Environmental Agency (2014): Ozone-depleting substances 2013 — Aggregated data reported by companies on the import, export, production, destruction and feedstock and process agent use of ozone-depleting substances in the European Union, available at: http://www.eea.europa.eu/publications/ozone-depleting-substances-2013, Access on: 13/04/2015
European Environmental Agency (EEA) — Environmental Terminology and Discovery Service (ETSA) (2015), available at: http://glossary.eea.europa.eu/, Access on 04/07/2015
Hennebert, P.; Papin, A.; Padox, J.-M.; Hasebrouck, B. (2013): The evaluation of an analytical protocol for the determination of substances in waste for hazard classification, Paris, France, available at: http://www.sciencedirect.com/science/article/pii/S0956053X13001554, Access on 31/07/2015
Ineris (2015): Waste Hazardous Assessment — Proposition of methods (version 2)

Openbare Vlaamse Afvalstoffen Maatschappij (OVAM) (2015): Europese afvalstoffenlijst EURAL Handleiding, Mechelen, Belgium
Natural Resources Wales, Scottish Environment Protection Agency (SEPA), Northern Ireland Environment Agency (NIEA), Environment Agency (2015): DRAFT Waste Classification — Guidance on the classification and assessment of waste (1st edition 2015) Technical Guidance WM3, available at: https://www.gov.uk/government/publications/waste-classification-technical-guidance, Access on 14/07/2015
United States Environmental Protection Agency (2014): Test Methods for Evaluating Solid Waste (SW-846), available at: http://www3.epa.gov/epawaste/hazard/testmethods/sw846/online/index.htm; Access on 10/07/2015
Young, J.R.; How, M.J.; Walker, A.P.; Worth, W.M.H. (1988): Classification as corrosive or irritant to skin of preparations containing acidic or alkaline substances, without testing on animals; England