Council Regulation (EU) 2017/997 of 8 June 2017 amending Annex III to Directive 2008/98/EC of the European Parliament and of the Council as regards the hazardous property HP 14 Ecotoxic (Text with EEA relevance)
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Address https://gelex.eu/eli/EU/regulation/2017/997@2017-06-08/en
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives, and in particular Article 38(2) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) Annex III to Directive 2008/98/EC lists properties of waste which render it hazardous.
(2) Directive 2008/98/EC states that the classification of waste as hazardous should be based, inter alia, on the Union legislation on chemicals, in particular concerning the classification of mixtures as hazardous, including concentration limit values used for that purpose. Commission Decision 2000/532/EC established a list of the types of waste in order to encourage a harmonised classification of waste and to ensure the harmonised determination of hazardous properties of waste within the Union.
(3) Annex III to Directive 2008/98/EC provides that the attribution of the hazardous property HP 14 Ecotoxic is to be made on the basis of the criteria laid down in Annex VI to Council Directive 67/548/EEC.
(4) Directive 67/548/EEC was repealed with effect from 1 June 2015 and replaced by Regulation (EC) No 1272/2008 of the European Parliament and of the Council. That Directive may, however, continue to apply to some mixtures until 1 June 2017, in case they were classified, labelled and packaged in accordance with Directive 1999/45/EC of the European Parliament and of the Council and already placed on the market before 1 June 2015.
(5) Annex III to Directive 2008/98/EC was replaced by Commission Regulation (EU) No 1357/2014 in order to align, where appropriate, the definitions of hazardous properties with Regulation (EC) No 1272/2008, and replace references to Directive 67/548/EEC by references to Regulation (EC) No 1272/2008.
(6) The definition of the hazardous property HP 14 Ecotoxic was not amended by Regulation (EU) No 1357/2014 as an additional study was needed in order to ensure completeness and representativeness as regards information on the possible impact of an alignment of the assessment of the hazardous property HP 14 Ecotoxic with the criteria laid down in Regulation (EC) No 1272/2008. That study being completed, it is appropriate to reflect its recommendations in the assessment of hazardous property HP 14 Ecotoxic for waste set out in Annex III to Directive 2008/98/EC, and to align that assessment, to the extent possible, with the criteria laid down in Regulation (EC) No 1272/2008 for the assessment of ecotoxicity of chemicals. When determining the hazard classification of waste for hazardous property HP 14 Ecotoxic by applying calculation formulae, generic cut-off values, as defined in Regulation (EC) No 1272/2008, should be applied.
(7) Annex VI to Regulation (EC) No 1272/2008 contains harmonised multiplying factors assigned to a limited number of substances classified as hazardous to the aquatic environment, acute category 1 or hazardous to the aquatic environment, chronic category 1, which are used to derive the classification of a mixture in which such substances are present. In light of progress made in establishing such multiplying factors, the Commission may, in accordance with Article 38(2) of Directive 2008/98/EC, review the calculation method for the assessment of substances with regard to the hazardous property HP 14 Ecotoxic in view of the possible inclusion of multiplying factors in that method.
(8) When a test is performed to assess waste for the hazardous property HP 14 Ecotoxic, it is appropriate to apply the relevant methods established in Commission Regulation (EC) No 440/2008 or other internationally recognised test methods and guidelines. Decision 2000/532/EC provides that, where a hazardous property of 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 are to prevail. Furthermore, Article 12 of Regulation (EC) No 1272/2008, in particular Article 12(b) and the methodologies for its application, should be taken into account. It is appropriate for the Commission to promote the exchange of best practices with regard to test methods for the assessment of substances as concerns the hazardous property HP 14 Ecotoxic with a view to their possible harmonisation.
(9) It is appropriate to allow companies and competent authorities sufficient time to adapt to the new requirements.
(10) The Committee referred to in Article 39 of Directive 2008/98/EC did not deliver an opinion on the measures provided for in this Regulation. The measures should therefore be adopted by the Council in accordance with Article 5a(4) of Council Decision 1999/468/EC,
HAS ADOPTED THIS REGULATION:
Article 1
Annex III to Directive 2008/98/EC is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 5 July 2018.
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Luxembourg, 8 June 2017. For the Council The President K. Simson
ANNEX
ANNEX
Annex III to Directive 2008/98/EC is amended as follows:
(1) the entry for HP 14 Ecotoxic is replaced by the following: HP 14 Ecotoxic waste which presents or may present immediate or delayed risks for one or more sectors of the environment. Waste which fulfils any of the following conditions shall be classified as hazardous by HP 14: Where: Σ = sum and c = concentrations of the substances.
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 %]
(2) the note below the entry for HP 15 is deleted.
Versions
Cited by
- Commission notice on technical guidance on the classification of waste 2018/C 124/01 Notice · Grade B
The EU legislation further determines that hazardous waste must only be treated in specially designated treatment facilities that have obtained a special permit as required under Articles 23 to 25 of the Waste Framework Directive, but also under other legislation such as the Landfill and Industrial Emissions Directives. The properties of waste which render it hazardous, laid down in Annex III to the WFD have been recently adapted to scientific progress through Commission Regulation (EU) 1357/2014, applicable as of 1 June 2015, and Council Regulation (EU) 2017/997, applicable as of 5 July 2018.
- Commission notice on technical guidance on the classification of waste 2018/C 124/01 Notice · Grade B
Annex III to the Waste Framework Directive was amended as concerns hazardous property HP 14 Ecotoxic by Council Regulation (EU) 2017/997. The changes introduced by this regulation are applicable as of 5 July 2018. Therefore, the assessment of HP 14 should be done as follows:
- Commission notice on technical guidance on the classification of waste 2018/C 124/01 Notice · Grade B
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 HP 14 describes the ecotoxicological potential as an intrinsic property of waste, by indicating whether the waste presents or may present immediate or delayed risks for one or more sectors of the environment. As a specific assessment methodology concerning HP 14 Ecotoxic has only been specified in Council Regulation (EU) 2017/997, in the period before the application date of that Regulation, i.e. 5 July 2018, authorities
- Commission notice on technical guidance on the classification of waste 2018/C 124/01 Notice · Grade B
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 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