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COMMISSION DECISION No. 2000/532/EC

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

(Brussels, 3.V.2000)

(notified under document number C(2000) 1147)

(Text with EEA relevance)

(Amended by Commission Decision 2001/118/EC of 16 January 2001, Commission Decision 2001/119/EC of 22 January 2001, Council Decision 2001/573/EC of 23 July 2001, Commission Decision 2014/955/EU of 18 December 2014)

The Commission of the European Communities,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 75/442/EEC of 15 July 1975 on waste <*>, as amended by Directive 91/156/EEC <**>, and in particular Article 1(a) thereof,

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<*> OJ L 194, 25.7.1975, p. 47.

<**> OJ L 78, 26.3.1991, p. 32.

Having regard to Council Directive 91/689/EEC of 12 December 1991 on hazardous waste <*>, and in particular Article 1(4), second indent thereof,

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<*> OJ L 377, 31.12.1991, p. 20.

Whereas:

(1) Several Member States have notified a number of waste categories which they consider to display one or more of the properties listed in Annex III to Directive 91/689/EEC.

(2) Article 1(4) of Directive 91/689/EEC requires the Commission to examine notifications from Member States with a view to amending the list of hazardous wastes laid down in Council Decision 94/904/EC <*>.

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<*> OJ L 356, 31.12.1994, p. 14.

(3) Any waste inserted in the list of hazardous wastes must also be included in the European Waste Catalogue laid down in Commission Decision 94/3/EC <*>. It is appropriate, in order to increase the transparency of the listing system and to simplify existing provisions, to establish one Community list which integrates the list of wastes laid down in Decision 94/3/EC and that of hazardous wastes laid down in Decision 94/904/EC.

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<*> OJ L 5, 7.1.1994, p. 15.

(4) The Commission is assisted in this task by the Committee established by Article 18 of Directive 75/442/EEC.

(5) The measures laid down in this Decision are in accordance with the opinion expressed by the aforementioned Committee,

Has adopted this Decision:

Article 1

The list in the Annex to this Decision is adopted.

КонсультантПлюс: примечание.

Статьи 2, 3 утратили силу - Решение 2014/955/ЕС Европейской Комиссии от 18.12.2014.

Article 4

Member States shall take the measures necessary to comply with this Decision not later than 1 January 2002.

Article 5

Decision 94/3/EC and Decision 94/904/EC are repealed with effect from 1 January 2002.

Article 6

This Decision is addressed to the Member States.

Annex

LIST OF WASTE REFERRED TO IN ARTICLE 7 OF DIRECTIVE 2008/98/EC

Definitions

For the purposes of this Annex, the following definitions shall apply:

1. "hazardous substance" means a substance classified as hazardous as a consequence of fulfilling the criteria laid down in parts 2 to 5 of Annex I to Regulation (EC) No 1272/2008;

2. "heavy metal" means any compound of antimony, arsenic, cadmium, chromium (VI), copper, lead, mercury, nickel, selenium, tellurium, thallium and tin, as well as these materials in metallic form, as far as these are classified as hazardous substances;

3. "polychlorinated biphenyls and polychlorinated terphenyls" ("PCBs") means PCBs as defined in Article 2(a) of Council Directive 96/59/EC <*>;

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<*> Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) (OJ L 243, 24.9.1996, p. 31).

4. "transition metals" means any of the following metals: any compound of scandium, vanadium, manganese, cobalt, copper, yttrium, niobium, hafnium, tungsten, titanium, chromium, iron, nickel, zinc, zirconium, molybdenum and tantalum, as well as these materials in metallic form, as far as these are classified as hazardous substances;

5. "stabilisation" means processes which change the hazardousness of the constituents in the waste and transform hazardous waste into non-hazardous waste;

6. "solidification" means processes which only change the physical state of the waste by using additives without changing the chemical properties of the waste;

7. "partly stabilised wastes" means wastes containing, after the stabilisation process, hazardous constituents which have not been changed completely into non-hazardous constituents and could be released into the environment in the short, middle or long term.

Assessment and classification

1. Assessment of hazardous properties of waste

When assessing the hazardous properties of wastes, the criteria laid down in Annex III to Directive 2008/98/EC shall apply. For the hazardous properties HP 4, HP 6 and HP 8, cut-off values for individual substances as indicated in Annex III to Directive 2008/98/EC shall apply to the assessment. Where a substance is present in the waste below its cut-off value, it shall not be included in any calculation of a threshold. 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.

2. Classification of waste as hazardous

Any waste marked with an asterisk (*) in the list of wastes shall be considered as hazardous waste pursuant to Directive 2008/98/EC, unless Article 20 of that Directive applies.

For those wastes for which hazardous and non-hazardous waste codes could be assigned, the following shall apply:

- An entry in the harmonised list of wastes marked as hazardous, having a specific or general reference to "hazardous substances", is only appropriate to a waste when that waste contains relevant hazardous substances that cause the waste to display one or more of the hazardous properties HP 1 to HP 8 and/or HP 10 to HP 15 as listed in Annex III to Directive 2008/98/EC. The assessment of the hazardous property HP 9 "infectious" shall be made according to relevant legislation or reference documents in the Member States.

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

- 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 <*> shall be classified as hazardous.

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<*> 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).

- 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 (*).

- 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.

- 1.1.3.2. Notes relating to the classification and labelling of mixtures: Notes 1, 2, 3 and 5.

- After assessing the hazardous properties for a waste according to this method, an appropriate hazardous or non-hazardous entry from the list of wastes shall be assigned.

All other entries in the harmonised list of wastes are considered non-hazardous.

List of waste

The different types of waste in the list are fully defined by the six-digit code for the waste and the respective two-digit and four-digit chapter headings. This implies that the following steps should be taken to identify a waste in the list:

- Identify the source generating the waste in Chapters 01 to 12 or 17 to 20 and identify the appropriate six-digit code of the waste (excluding codes ending with 99 of these chapters). Note that a specific production unit may need to classify its activities in several chapters. For instance, a car manufacturer may find its wastes listed 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), depending on the different process steps.

- If no appropriate waste code can be found in Chapters 01 to 12 or 17 to 20, the Chapters 13, 14 and 15 must be examined to identify the waste.

- If none of these waste codes apply, the waste must be identified according to Chapter 16.

- If the waste is not in Chapter 16 either, the 99 code (wastes not otherwise specified) must be used in the section of the list corresponding to the activity identified in step one.

Index chapters of the List

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