Definition and further description of Annex III to WFD

Annex III to the WFD defines HP 3 ‘Flammable’ over 6 indents: — ‘flammable liquid waste : liquid waste having a flash point below 60 °C or waste gas oil, diesel and light heating oils having a flash point > 55 °C and ≤ 75 °C; — flammable pyrophoric liquid and solid waste : solid or liquid waste which, even in small quantities, is liable to ignite within five minutes after coming into contact with air; — flammable solid waste : solid waste which is readily combustible or may cause or contribute to fire through friction; — flammable gaseous waste : gaseous waste which is flammable in air at 20 °C and a standard pressure of 101,3 kPa; — water reactive waste : waste which, in contact with water, emits flammable gases in dangerous quantities; — other flammable waste : flammable aerosols, flammable self-heating waste, flammable organic peroxides and flammable self-reactive waste.’ The WFD further explains that: ‘When a waste contains one or more substances classified by one of the following hazard class and category codes and hazard statement codes shown in Table 3 [see Table 10 of this document], the waste shall be assessed, where appropriate and proportionate, according to test methods. If the presence of a substance indicates that the waste is flammable, it shall be classified as hazardous by HP 3’ A waste containing substances that are classified with the hazard class, category and statement codes in Table 10 can be tested to show whether it displays that hazardous property or not. Alternatively a waste containing those substances, other than in trace amounts, can simply be assumed to be hazardous by HP 3. Table 10 Hazard Class, Category Code(s) and Hazard Statement Code(s) for waste constituents for the classification of wastes as hazardous by HP 3 Flammable Where a waste contains substances assigned H220 or H221 it is possible to calculate whether or not the waste displays HP 3 (fourth indent). The calculation method is provided by ISO 10156 and should be applied in accordance with the ECHA CLP Guidance. Where a waste contains substance assigned H260 or H261, i.e. a substance which is capable of releasing a highly flammable gas at a rate in excess of 1 litre of gas per kilogram of substance per hour when water is added, it is possible to calculate the minimum concentration of the substance in the waste that would make it hazardous by HP 3 (fifth indent). Below this concentration the waste is not considered hazardous pursuant to HP 3 (fifth indent). At or above the concentration the waste is considered to be HP 3, or tested. Examples of substances and calculation are provided by the UK Guidance and are presented in the following section. A brief example for an assessment of organic peroxides according to HP 3 based on assessing HP 1 can be found in Section 1.4.7. Figure 9 sets out the determination process for HP 3 (4).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.