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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).

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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.