Legislation – main legislative documents used for waste hazard classification

Waste Framework Directive, WFD: Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives; amended by 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.

List of Waste, LoW: Decision 2000/532/EC on the list of waste pursuant to Directive 2008/98/C of the European Parliament and of the Council and Commission Decision 2014/955/EU amending Decision 200/532/EC on the list of waste pursuant to Directive 2008/98/EC of the European Parliament and of the Council.

POP Regulation: Regulation (EC) 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC; Council Regulation (EC) No 172/2007 amending Annex V to Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants.

Commission Proposal for HP 14 (eco-toxic) assessment , officially accepted by the Commission.

CLP , 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

Commission Regulation (EU) 2016/1179 and Commission Regulation (EU) 2017/776 , known as correspondingly the 9th and 10th adaptations to technical and scientific progress (ATPs) to the CLP, are not considered in the pre-screening process implemented in ECN ClassifyMyWaste™, since currently they are not binding documents for waste hazard classification. However we continuously monitor the updates in waste legislation and once new relevant legislation is in force, ECN ClassifyMyWaste™ is also updated accordingly.

Waste classification as hazardous or non-hazardous is performed based on Commission Decision 2000/532/EC on the List of Waste (LoW) amended by Commission Decision 2014/955/EU and Annex III of the Waste Framework Directive 2008/98/EC (WFD), amended by regulation (EU) No 1357/2014. The Waste Framework Directive is the main legislative document for waste at the EU level. The WFD contains a general definition of a waste material, definitions of all properties, that can make waste hazardous, basic principles and basic obligations when handling a waste. The WFD, amended by Regulation (EU) No 1357/2014, specifies 15 hazard properties (HP) and defines limit values for maximum concentrations of substances in the waste. Currently Regulation (EU) No 1357/2014 does not specify any criteria for the HP 14(eco-toxic) assessment, but the Commission Proposal for HP 14 (eco-toxic) assessment defines the HP 14 assessment criteria that are also used in ClassifyMyWaste.

In 2008, Directive 67/548/EEC (Dangerous Substances Directive) and 1999/45/EC (Dangerous Preparations Directive) have been replaced by the CLP (Regulation (EC) No 1272/2008 on Classification, Labelling and Packaging of substances and mixtures). In waste classification, Table 3.1 of Annex VI in the CLP is used as the basis for the list of potential hazardous substances. This list of substances contains harmonised classification of substances and gives a basis for the hazard assessment. Hazard classification following the CLP is relatively straightforward for materials or products with a known composition. Hazard classification of heterogeneous waste materials is more challenging since it is largely unknown in which chemical forms the different elements are present in wastes. As follows from Bipro study of 2015 (A study to develop a guidance document on the definition and classification of hazardous waste), “in case a harmonised classification for a specific substance is existent, information of this classification shall prevail over information from harmonised group classifications. However, if no harmonised classification is available and only self-classifications for the substances in question are available, the waste holder cannot finalise the classification of the substances solely based on self-classifications. Instead it is recommended to use other information sources for the classification of the waste, such as SDS.” Next to this, the known or assumed potential presence of these substances is subjected to an expert judgement based on (geo)chemical knowledge of substances and processes in a waste.

The POP regulation (Regulation (EC) 850/2004 on Persistent Organic Pollutants amended by Council Regulation (EC) No 172/2007) is used in order to check whether the permitted levels of POPs are met. According to Commission Decision 2014/955/EU, “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 (1) shall be classified as hazardous.”

explosive

hazardous to the environment

gas under pressure

acute toxicity

serious health hazard

oxidising

flammable

corrosive

health hazard