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As of 5 July 2018 — Definition and further description of Annex III to WFD, as amended by Council Regulation (EU) 2017/997

Commission notice on technical guidance on the classification of waste · European Union

Annex III to the Waste Framework Directive, defines HP 14 ‘Ecotoxic’ as: ‘waste which presents or may present immediate or delayed risks for one or more sectors of the environment’ The WFD further explains that: ‘Waste which fulfils any of the following conditions shall be classified as hazardous by HP 14: — Waste which contains a substance classified as ozone depleting assigned the hazard statement code H420 in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council (*) and the concentration of such a substance equals or exceeds the concentration limit of 0,1 %. [c(H420) ≥ 0,1 %] — Waste which contains one or more substances classified as aquatic acute assigned the hazard statement code H400 in accordance with Regulation (EC) No 1272/2008 and the sum of the concentrations of those substances equals or exceeds the concentration limit of 25 %. A cut-off value of 0,1 % shall apply to such substances. [Σ c (H400) ≥ 25 %] — Waste which contains one or more substances classified as aquatic chronic 1, 2 or 3 assigned to the hazard statement code(s) H410, H411 or H412 in accordance with Regulation (EC) No 1272/2008, and the sum of the concentrations of all substances classified as aquatic chronic 1 (H410) multiplied by 100 added to the sum of the concentrations of all substances classified as aquatic chronic 2 (H411) multiplied by 10 added to the sum of the concentrations of all substances classified as aquatic chronic 3 (H412) equals or exceeds the concentration limit of 25 %. A cut-off value of 0,1 % applies to substances classified as H410 and a cut-off value of 1 % applies to substances classified as H411 or H412. [100 × Σc (H410) + 10 × Σc (H411) + Σc (H412) ≥ 25 %] — Waste which contains one or more substances classified as aquatic chronic 1, 2, 3 or 4 assigned the hazard statement code(s) H410, H411, H412 or H413 in accordance with Regulation (EC) No 1272/2008, and the sum of the concentrations of all substances classified as aquatic chronic equals or exceeds the concentration limit of 25 %. A cut-off value of 0,1 % applies to substances classified as H410 and a cut-off value of 1 % applies to substances classified as H411, H412 or H413. [Σ c H410 + Σ c H411 + Σ c H412 + Σ c H413 ≥ 25 %] Where: Σ = sum and c = concentrations of the substances.’ Waste which fulfils any of the conditions listed in the four indents should be classified as hazardous by HP 14. It should be noted that the four indents — including the third and the fourth one — should be applied simultaneously: they should not be read as ‘options’ from which a choice can be made. In other words, if the concentration limits indicated in any of the four indents/formulae are exceeded, the waste will be classified as ecotoxic. Thus, wastes that contain substances classified as H410, H411 and H412 (regardless of whether or not they also contain substances classified as H413), should in all cases be classified on the basis of the third indent. Recital (8) of Council Regulation (EU) 2017/997 reiterates the text of the Annex to the LoW which states that 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 the WFD, the results of the test should prevail. Currently the Commission cannot provide specific recommendations regarding the approach to be followed for the ecotoxicological characterisation of waste using biotests. Council Regulation (EU) 2017/997 also makes reference in Recital (8) to Article 12 (b) of Regulation (EC) No 1272/2008 which relates to bioavailability, and the methodologies for its application which could potentially be used for waste, if appropriate. Until further EU guidance is available, it is up to the Member States to decide, on a case-by-case basis, on the acceptability and interpretation of results resulting from the ecotoxicological characterisation of waste using biotests including, where appropriate, considerations about bioavailability and bioaccessibility.

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