92002E3807

WRITTEN QUESTION E-3807/02

by Caroline Jackson (PPE-DE) to the Commission

(7 January 2003)

Subject: EU classification of incinerator ash

Can the Commission confirm that in January 2001 it decided to omit bottom ash from incinerators from its classification of inert waste and that this decision should have been implemented by Member States by 1 January 2002?

If this is correct, can the Commission please advise what classification status incineration bottom ash currently holds?

Answer given by Mrs Wallström on behalf of the Commission

(19 February 2003)

Bottom ash from incinerators is included in the European list of waste established by Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste(1).

This list distinguishes between non-hazardous and hazardous waste as defined in Council Directive 91/689/EC of 12 December 1991 on hazardous waste(2), but it does not classify wastes as inert or non-inert.

Bottom ashes from incinerators are included in two separate entries of the list appended to Commission Decision 2000/532/EC:

- Entry 19 01 11* bottom ash and slag containing dangerous substances includes bottom ashes that are rendered hazardous because they contain substances that have been or that will be classified as hazardous in Council 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(3), at such concentrations that the waste presents one or more of the properties listed in Annex III to Directive 91/689/EC on hazardous waste;

- Entry 19 01 12 bottom ash and slag other than those mentioned in 19 01 11 includes bottom ashes from incinerators that are not hazardous.

Member States were to take the measures necessary to comply with this Decision no later than 1 January 2002.

(1) OJ L 226, 6.9.2000.

(2) OJ L 377, 31.12.1991.

(3) OJ P 196, 16.8.1967.