Report on waste1)

(Constitution of waste as hazardous and updating the list of waste)

§ 1

1309 of 18 December 2012 on waste changed by notice no. 1491 of 11 December 2013, notice no. 422 of 10 April 2014 and notice no. 1331 of 4 December 2014, the following changes:

1. Footnote the title of the notice is replaced by:

‘The decision contains provisions implementing parts of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives, EU-Tidening 2008, No L 312, page 3, as amended by Commission Regulation (EU) No 1357/2014 of 18 December 2014, EU-Tidende 2014, No L 365, page 89, European Parliament and of the Council Directive 94/62/EC of the European Parliament and of the Council of 23 December 2009 on packaging. L 87, page 109, parts of Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and discharged batteries and accumulators as well as repealing Directive 91/157/EEC, EU-Tidende 2006 No L 266, page 1, which last changed by Directive 2008/103/EC of the European Parliament and of the Council of 19 November 2008, EU-Tinde 2008 No. L 327, page 7, parts of Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on the waste of electrical and electronic equipment (WEEE), EU-Tidende 2012, No L 197, side 38, parts of Council Directive 1999/31/EC of 26 April 1999 on landfilling waste, EF-Tidende 1999, No. L 182, page 1, last modified by Regulation (EC) No 1/2008 of 22 October 2008, EU-Tide 2008, no. Commission Decision 2000/532/EC of 3 May 2000 establishing a list of waste pursuant to Article 1(a) of the Council Directive 75/442/EEC on waste and Council Decision 94/904/EC on the preparation of a list of hazardous waste pursuant to Article 1(4) of the Council Directive 91/689/EEC on waste and Council Decision 94/904/EC on the preparation of a list of hazardous waste pursuant to Article 1(4) of the Council Directive 91/689/EEC on hazardous waste, Community Council Regulation (EC) No OJ 2004, p. The Commission Regulation (EU) No 1357/2014 of 18 December 2014, EU-Tidende 2014, No L 365, page 89. According to Article 288 of the EUF-Traktaten, a Regulation shall apply immediately in each Member State. The reproduction of these provisions is therefore only justified in practical terms and does not affect the immediate validity of the Regulation in Denmark. «

2. Introduction thus:

§ 44(1) and 6, Section 45(2), 5 and 7, Section 46 of Section 46 of Section 46(1) and 2, Section 47(2) and 3, Section 48(2) and 3, Section 48(4) and 9, Section 50 d(2), Section 51(2), § 67, § 67, § 67, § 78, § 78, § 78, § 78, § 78, paragraph 1 and 2, § 47(2) and 3, § 47(2) and 3, § 48(2), § 48(2) and 8 and 9, § 50 d.

3. In § 2(1) ‘, in accordance with Annex 2’.

4. In Annex 1, Table of Contents for the waste order, ‘Bilag 2: The list of waste, cf. section 2(1)’ to: ‘Bilag 2: The list of waste, cf. section 3, no. 7 and no. 22’.

5. In Annex 1, Table of Contents for the waste order, ‘Bilag 4: Properties and percentage limits that make waste hazardous’ to: ‘Bilag 4: Properties that make waste hazardous, cf. section 3, no. 22’.

6. Annex 2 is replaced by Annex 1 to this notice.

7. Annex 4 is replaced by Annex 2 to this notice.

Section 2

The decision shall enter into force on 1 June 2015.

Annex 1

»Bilag 2

The list of waste, cf. section 3, no. 7 and no. 22

1. Introduction

The list of waste implements the European Waste catalogue (EAK) prepared under Directive 2008/98 on waste1).

The list of waste is not exhausted according to a precise description of all waste.

The fact that a substance or object is listed in the list does not mean that the substance or object in any case is waste. There is only waste when the definition of waste in section 2 is met.

2. Definitions

In this Annex is understood by:

1) Partially stabilised waste: Waste, which after the stabilization process contains dangerous components which have not been completely converted into non-hazardous components, which can be released into the environment in short, medium or long term.

2) Dangerous substance: a substance classified as hazardous because it meets the criteria laid down in Part 2 to 5 of Annex In Regulation No 1272/2008 on classification, labelling and packaging of substances and mixtures2).

3) 3) End metal: Any connection of skandium, vanadium, mangan, cobalt, copper, ytrium, niobium, hafnium, tungsten, titan, chrome, iron, nickel, zinc, zirkonium, moly splash and tantal numbers, also in metal form, as far as they are classified as dangerous substances.

4) Solidification processes: Processes that only change the physical state of the waste (e.g. liquid to solid) using additives without changing the chemical properties of the waste.

5) Stabilisation processes: Processes that change the hazard of the waste and thus transform dangerous waste into non-hazardous waste.

6) Heavy metal: Any connection of antimon, arsen, cadmium, chrome (VI), copper, lead, mercury, nickel, selenium, tellur, thallium and tin, also in metal form, as far as they are classified as dangerous substances.

3. Use of the list of waste

The different types of waste in the list are identified by the six-digit code for the waste and chapter codes on respectively two and four digits.

To identify which code, waste must be attributed to, the chapter heading of two digits must be taken.

A waste code for the waste is in the following way:

1) The waste source, which is the activity produced by the waste is identified in Chapter 01 to 12 or 17 to 20, and the six-digit code of waste is identified (except for codes ending 99 in these chapters). A business activities will depending on the circumstances should be classified under several chapters.

2) Can no suitable waste code be found in Chapter 01 to 12 or 17 to 20, the waste in Chapter 13, 14 and 15.

3) 3) Can none of these codes be used, identified the waste under Chapter 16

4) If the waste is not listed in Chapter 16, code 99 (waste not elsewhere specified) is used in the chapter in the list corresponding to it under No 1 identified activity.

4. Dangerous waste

The waste listed in the list and is marked with bold scripture is considered dangerous waste, cf. section 5.

The following applies to waste, which can be assigned codes as hazardous and non-hazardous waste:

1) A code in the waste list marked as hazardous waste with a specific or general reference to "hazardous substances" shall only be used for waste containing relevant hazardous substances, which makes the waste exhibit one or more of the dangerous properties listed in Annex 4.

2) A dangerous property is assessed after Annex 4.

5. Chapter sharing in the list of waste

1) Dangerous parts from electrical and electronic equipment may include accumulators and batteries mentioned under 16 06 and marked as dangerous; mercury-containing contacts, glass from caode rays and other activated glass etc.

«

Annex 2

»Bilag 4

Properties that make waste dangerous, cf. section 3, no. 22

1. Definitions

In this Annex, the hazard class and category code(s) and hazards referred to in Regulation No 1272/2008 on classification, labelling and packaging of substances and mixtures;1).

The test methods to be used by this Annex are described in Regulation No 440/2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 on registration, assessment and authorisation of chemicals (REACH)2) and in other relevant CEN notes or other internationally recognised test methods and guidelines.

In this Annex is understood by:

1) Cutting value: As defined in Article 2(1) of Regulation No 1272/2008 on classification, labelling and packaging of substances and mixtures.

2) Concentration limit: As defined in Article 2, No 32, in Regulation No 1272/2008 on classification, labelling and packaging of substances and mixtures.

2. classification of waste as dangerous

Waste is considered dangerous if it shows one or more of the properties HP 1 to HP 15.

A dangerous property is assessed by means of the concentrations of substances listed in this Annex or, unless otherwise provided in Regulation No 1272/2008 on classification, labelling and packaging substances and mixtures, by performing a test under Regulation No 440/2008 on the determination of experimental methods pursuant to Regulation (EC) No 1907/2006 on registration, assessment and approval of chemicals (REACH) or in other Member States of the European Parliament and of the Council (EC) No 1272/2008 on the registration, assessment and approval of chemicals (REACH) or in the relevant C‐notifications, as well as other guidelines for the examinations of Article 1272. If waste hazardous properties are assessed by a test and by applying the concentrations of dangerous substances listed in this Annex, the results of the test rank.

In connection with the assessment of the dangerous properties HP 4, HP 6 and HP 8, the cutting values of individual substances are used. If the amount of a substance present in the waste is below the cut value, it is not considered when calculating a concentration limit.

The following notes listed in Annex VI to Regulation No 1272/2008 on classification, labelling and packaging of substances and mixtures may, if applicable, be taken into account by determining waste hazardous properties:

1) 1.1.3.1. Notes regarding identification, classification and labelling of substances: Note B, D, F, J, L, M, P, Q, R, and U.

2) 1.1.3.2. Notes regarding classification and labelling of mixtures: Note 1, 2, 3 and 5.

Waste containing polychlorinated dibenzo-p-dioxins and dibenzofuranes (PCDDs/PCDFs), DDT (1,1,1,1-trichlor- 2.2-bis (4-chlorphenyl) ethan), chlordan, hexachlorcyclohexaner (including PCB lindan), dieldrin, heptachlor, heacle, chloromorphine, sulphate, sulphate, sulphate, and sulphate.3) 3), is classified as dangerous.

The concentration limits stated in this Annex do not apply to pure metal alloys in their solid form (not contaminated with dangerous substances). Waste alloys considered dangerous waste are explicitly recorded in the list of waste in Annex 2 and marked with bold writing.

3. Properties that make waste dangerous4) :

Waste containing one or more substances classified with one of the hazard class and category codes and hazard codes specified in Table 1 shall be assessed with regard to HP 1 when appropriate and proportionally, according to test methods. If the presence of a substance, a mixture or an object indicates that the waste is explosive, it must be classified as dangerous by the type HP 1.

Table 1: Hazard class and category code(s) and hazard code(s) of the waste constituents for the classification of waste as hazardous by type HP 1:

Contains waste one or more substances classified with one of the hazard class and category codes and hazard codes specified in Table 2, it must be assessed with regard to HP 2 when appropriate and proportionally, according to test methods. If the presence of a substance indicates that the waste is firenut, it must be classified as dangerous by the type HP 2.

Table 2: Hazard class and category code(s) and hazard code(s) for the classification of waste as hazardous by type HP 2:

Contains waste one or more substances classified with one of the following hazard class and category codes and hazard codes specified in table 3, it must be assessed when appropriate and proportionally, according to test methods. If the presence of a substance indicates that the waste is flammable, it must be classified as dangerous by the type HP 3.

Table 3: Hazard class and category code(s) and hazard code(s) of the waste constituents for the classification of waste as hazardous to the type HP 3:

Contains waste one or more substances classified with one of the following hazard class and category codes and hazard codes, in concentration over the cut value, and exceeds or reached one or more of the following concentration limits, the waste must be classified as hazardous by the type HP 4.

The cut value to be considered by an assessment of Skin corr. 1A (H314), Skin irrit. 2 (H315), Eye pond. 1 (H318) and Eye irrit. 2 (H319) is 1 %.

If the sum of the concentrations of all substances classified as Skin corr. 1A (H314), exceeds or equals 1 %, the waste is classified as dangerous by the type HP 4.

If the sum of concentrations of all substances classified as H318, exceeds or equal to 10 %, the waste is classified as dangerous by the type HP 4.

If the sum of concentrations of all substances classified as H315 and H319 exceeds or equal to 20 %, the waste is classified as dangerous by the type HP 4.

Note that waste containing substances classified as H314 (Skin Corr. 1A, 1B or 1C), in quantities greater than or equal to 5 %, will be classified as dangerous by type HP 8. HP 4 does not apply if the waste is classified as HP 8.

Contains waste one or more substances classified with one or more of the following hazard class and category codes and hazard codes as specified in Table 4, and one or more of the concentration limits in Table 4 is exceeded or reached, waste must be classified as hazardous by the type HP 5. When substances classified as STOT are present in waste, the individual substance must be present in a quantity equal to or exceed the concentration limit, in order to be classified as hazardous by the type HP 5.

Contains waste one or more substances classified as Asp. Tox. 1, and the total concentration of these substances corresponds to or exceeds the concentration limit, it must be classified as hazardous by type HP 5, when the total kinematic viscosity (by 40 °C) does not exceed 20.5 mm2/s.5)

Table 4: Hazard class and category code(s) and hazard code(s) for the components of the waste and the associated concentration limits for the classification of waste as hazardous to the type HP 5

If the sum of the concentrations of all substances contained in waste, which with a hazard class and category code and hazard code specified in Table 5 is classified as acute toxic, exceeds or equal to the concentration limit specified in the form, the waste must be classified as hazardous by the type HP 6. When several substances classified as acute toxic are present in waste, the concentrations of concentrations are only for substances in the same hazard category.

The following cutting values shall be considered by an assessment:

– For Acute Tox. 1, 2 or 3 (H300, H310, H301, H311, H331): 0.1 %

– For Acute Tox. 4 (H302, H312, H332): 1 %.

Table 5: Hazard class and category code(s) and hazard code(s) for the components of the waste and the associated concentration limits for the classification of waste as hazardous to the type HP 6

Contains waste a substance classified with one of the following hazard class and category codes and hazard codes, in a quantity that exceeds or equals one of the following concentration limits specified in Table 6, the waste must be classified as dangerous by the type HP 7. When several substances classified as carcinogenic are present in waste, the individual substance must be present in a quantity equal to or exceed the concentration limit, in order that the waste must be classified as hazardous by the type HP 7.

Table 6: Hazard class and category code(s) and hazard code(s) for the components of the waste and related concentration limits for the classification of waste as hazardous to the type HP 7

Contains waste one or more substances classified as Skin corr. 1A, 1B or 1C (H314), and the sum of their concentration is greater than or equal to 5 %, it is classified as dangerous by the type HP 8.

The cut value to be taken into account by an assessment of Skin corr. 1A, 1B, 1C (H314) is 1.0 %.

Sharing HP 9 must be assessed according to the rules set out in reference documents or other legislation.