§3.2.2 Step 4: Does the waste display any of the hazardous properties HP1 to HP15?

As indicated in Chapter 2.1.1 and further described in Annex 3 of this document, Annex III to the WFD describes 15 properties (HP1 to HP15) of waste which render it hazardous. Table 1 provides an overview on the aforementioned hazardous properties. Hazardous Properties HP1 Explosive HP2 Oxidising HP3 Flammable HP4 Irritant — skin irritation and eye damage HP5 Specific Target Organ Toxicity (STOT)/Aspiration Toxicity HP6 Acute Toxicity HP7 Carcinogenic HP8 Corrosive HP9 Infectious HP10 Toxic for reproduction HP11 Mutagenic HP12 Release of an acute toxic gas HP13 Sensitising HP14 Ecotoxic HP15 Waste capable of exhibiting a hazardous property listed above not directly displayed by the original waste As soon as step 3 is completed, sufficient information on the relevant composition of the waste under consideration should be available. This means sufficient knowledge of the hazardous substances contained in the waste and how they are classified (e.g. if they are attributed any relevant hazard statement codes according the CLP Regulation) should be available to the extent, that at least one of the following methods to determine if the waste displays hazardous properties, can be applied: — Calculation if threshold limits based on hazard statement codes (individually depending on the properties HP4 to HP14, see Annex 3) are equalled or exceeded by the substances that are present in the waste under consideration; — Testing if the waste displays hazardous properties or not. Annex 3 provides a detailed description and guidelines on how to assess the individual hazardous properties HP1 to HP15 via calculation or testing. Regarding the calculation method, it should be noted that hazardous substance content values in waste as they have been determined, e.g. by sampling and chemical analysis of the waste under consideration, have to be compared against the concentration limits listed in Annex III of the WFD. These concentration limits refer to the state of the waste as it is when the classification of the waste is undertaken, i.e. the fresh weight of the waste. However, many analytical methods specify results on a dry weight basis. As a consequence, analytical values expressed on the basis of dry matter have to be corrected for the moisture content of the waste in order to determine the concentration of the substance in the original waste, as it will be subsequently managed. Waste classifiers should be aware that the laboratories often express results based on dry weight and should therefore be attentive to ensure that they are aware on what basis the analytical results are provided. Classification of waste has to be carried out on the basis of wet weights (either as originally tested or converted from the dry weight figures). Additionally, it should be noted explicitly that Article 7 (4) of the WFD does not allow a dilution or mixing of the waste to lower the initial concentrations of hazardous substances. Please further note that the concentration limits defined in Annex III to the WFD do not apply to pure metal alloys in their massive form as long as they are not contaminated with hazardous substances. Further information on the classification of metal alloys can be found in Annex 1, Section 1.4.6 Additional guidance regarding sampling and chemical analyses of waste in order to make use of the calculation method can be found in Annex 4. Direct testing to determine whether a specific hazard property is displayed may be appropriate in some cases, for some hazard properties (e.g. the physical properties such as HP 1 ‘Explosive’, HP 2 ‘Oxidising’ and HP 3 ‘Flammable’). According to the Annex to the LoW, ‘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.’ Finally, if the waste displays one or more of the 15 hazardous properties, the corresponding MH entry has to be assigned. Whereas, if the waste displays no hazardous property, step 5 has to be undertaken to check whether the waste contains specific POPs above the respective limit values. This is the final step before the waste under consideration can be assigned to the MH or MNH entry.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07