Aspects to be considered for waste classification

Annex I (controlled substances) and II (new substances) of Regulation (EC) No 1005/2009 provides a list of substances to be classified as ODS and their respective ozone-depleting potential. Aforementioned mainly relevant entries 14 06 01* and 14 06 02* are AH entries. As a consequence, wastes assigned with these entries are classified as hazardous without further assessment (even if they would not display hazardous properties). However, the hazardous properties will have to be assessed e.g. for filling a consignment note. In case of old insulation foams as used in construction that might contain ODS, a decision between the MH entry (17 06 03*) and the MNH entry (17 06 04) needs to be made. For this decision between a MH or a MNH entry, the relevant hazardous property is HP 14 ‘Ecotoxic’ (cf. Section 3.14). As harmonised classification approach for HP 14 currently available on EU level (see Section 3.14) enters into force on 5 July 2018, before this date the MS approaches need to be considered for the assessment of waste containing ODS. As a provisional measure, some MS apply a concentration limit of 0,1 %, stemming from the former EU chemical legislation (DSD (19) or DPD (20) respectively). The latter directive laid down, that the generic concentration limit for substances (in a preparation), classified as hazardous to the ozone layer (N, R59), that trigger classification of the mixture as hazardous to the ozone layer, lies at 0,1 %. For the decision between a MH and a MNH entry, this means that waste containing 0,1 % or more of ODS will have to be classified as hazardous by HP 14. Thereby the concentration limit of 0,1 % is related to an individual ODS not to the total of such substances.

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