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Директива Совета ЕС об опасных отходах. Часть 7

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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,

--------------------------------

<*> 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,

--------------------------------

<*> 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 <*>.

--------------------------------

<*> 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.

--------------------------------

<*> 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 <*>;

--------------------------------

<*> 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.

--------------------------------

<*> 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

 

01

Wastes resulting from exploration, mining, quarrying, physical and chemical treatment of minerals

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)

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

17

Construction and demolition wastes (including excavated soil from contaminated sites)

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

 

01

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

01 01 02

wastes from mineral non-metalliferous excavation

01 03

wastes from physical and chemical processing of metalliferous minerals

01 03 04*

acid-generating tailings from processing of sulphide ore

01 03 05*

other tailings containing hazardous substances

01 03 06

tailings other than those mentioned in 01 03 04 and 01 03 05

01 03 07*

other wastes containing hazardous substances from physical and chemical processing of metalliferous minerals

01 03 08

dusty and powdery wastes other than those mentioned in 01 03 07

01 03 09

red mud from alumina production other than the wastes mentioned in 01 03 10

01 03 10*

red mud from alumina production containing hazardous substances other than the wastes mentioned in 01 03 07

01 03 99

wastes not otherwise specified

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

01 04 08

waste gravel and crushed rocks other than those mentioned in 01 04 07

01 04 09

waste sand and clays

01 04 10

dusty and powdery wastes other than those mentioned in 01 04 07

01 04 11

wastes from potash and rock salt processing other than those mentioned in 01 04 07

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

01 04 13

wastes from stone cutting and sawing other than those mentioned in 01 04 07

01 04 99

wastes not otherwise specified

01 05

drilling muds and other drilling wastes

01 05 04

freshwater drilling muds and wastes

01 05 05*

oil-containing drilling muds and wastes

01 05 06*

drilling muds and other drilling wastes containing hazardous substances

01 05 07

barite-containing drilling muds and wastes other than those mentioned in 01 05 05 and 01 05 06

01 05 08

chloride-containing drilling muds and wastes other than those mentioned in 01 05 05 and 01 05 06

01 05 99

wastes not otherwise specified

02

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

02 01 02

animal-tissue waste

02 01 03

plant-tissue waste

02 01 04

waste plastics (except packaging)

02 01 06

animal faeces, urine and manure (including spoiled straw), effluent, collected separately and treated off-site

02 01 07

wastes from forestry

02 01 08*

agrochemical waste containing hazardous substances

02 01 09

agrochemical waste other than those mentioned in 02 01 08

02 01 10

waste metal

02 01 99

wastes not otherwise specified

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

02 02 02

animal-tissue waste

02 02 03

materials unsuitable for consumption or processing

02 02 04

sludges from on-site effluent treatment

02 02 99

wastes not otherwise specified

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

02 03 02

wastes from preserving agents

02 03 03

wastes from solvent extraction

02 03 04

materials unsuitable for consumption or processing

02 03 05

sludges from on-site effluent treatment

02 03 99

wastes not otherwise specified

02 04

wastes from sugar processing

02 04 01

soil from cleaning and washing beet

02 04 02

off-specification calcium carbonate

02 04 03

sludges from on-site effluent treatment

02 04 99

wastes not otherwise specified

02 05

wastes from the dairy products industry

02 05 01

materials unsuitable for consumption or processing

02 05 02

sludges from on-site effluent treatment

02 05 99

wastes not otherwise specified

02 06

wastes from the baking and confectionery industry

02 06 01

materials unsuitable for consumption or processing

02 06 02

wastes from preserving agents

02 06 03

sludges from on-site effluent treatment

02 06 99

wastes not otherwise specified

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

02 07 02

wastes from spirits distillation

02 07 03

wastes from chemical treatment

02 07 04

materials unsuitable for consumption or processing

02 07 05

sludges from on-site effluent treatment

02 07 99

wastes not otherwise specified

03

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

03 01 04*

sawdust, shavings, cuttings, wood, particle board and veneer containing hazardous substances

03 01 05

sawdust, shavings, cuttings, wood, particle board and veneer other than those mentioned in 03 01 04

03 01 99

wastes not otherwise specified

03 02

wastes from wood preservation

03 02 01*

non-halogenated organic wood preservatives

03 02 02*

organochlorinated wood preservatives

03 02 03*

organometallic wood preservatives

03 02 04*

inorganic wood preservatives

03 02 05*

other wood preservatives containing hazardous substances

03 02 99

wood preservatives not otherwise specified

03 03

wastes from pulp, paper and cardboard production and processing

03 03 01

waste bark and wood

03 03 02

green liquor sludge (from recovery of cooking liquor)

03 03 05

de-inking sludges from paper recycling

03 03 07

mechanically separated rejects from pulping of waste paper and cardboard

03 03 08

wastes from sorting of paper and cardboard destined for recycling

03 03 09

lime mud waste

03 03 10

fibre rejects, fibre-, filler- and coating-sludges from mechanical separation

03 03 11

sludges from on-site effluent treatment other than those mentioned in 03 03 10

03 03 99

wastes not otherwise specified

04

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

04 01 02

liming waste

04 01 03*

degreasing wastes containing solvents without a liquid phase

04 01 04

tanning liquor containing chromium

04 01 05

tanning liquor free of chromium

04 01 06

sludges, in particular from on-site effluent treatment containing chromium

04 01 07

sludges, in particular from on-site effluent treatment free of chromium

04 01 08

waste tanned leather (blue sheetings, shavings, cuttings, buffing dust) containing chromium

04 01 09

wastes from dressing and finishing

04 01 99

wastes not otherwise specified

04 02

wastes from the textile industry

04 02 09

wastes from composite materials (impregnated textile, elastomer, plastomer)

04 02 10

organic matter from natural products (for example grease, wax)

04 02 14*

wastes from finishing containing organic solvents

04 02 15

wastes from finishing other than those mentioned in 04 02 14

04 02 16*

dyestuffs and pigments containing hazardous substances

04 02 17

dyestuffs and pigments other than those mentioned in 04 02 16

04 02 19*

sludges from on-site effluent treatment containing hazardous substances

04 02 20

sludges from on-site effluent treatment other than those mentioned in 04 02 19

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