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Commission notice on technical guidance on the classification of waste

C/2018/1447

OJ C 124, 9.4.2018, p. 1–134 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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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.

Image

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.

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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).

Image

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.

Image

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.

Image

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).

Image

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.

Image

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.

Image

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.

Image

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).

Image

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 perox