Entry into force of the new European Community legislation on waste

Published 29/05/15

On Monday, 1st of June 2015, the new European Community legislation on waste comes into force, namely:

  • 2014/955/EU Commission Decision of 18 December 2014 amending Decision 2000/532/EC on the list of waste pursuant to Directive 2008/98/EC of the European Parliament and of the Council.
  • Commission Regulation (EU) No 1357/2014 of 18 December 2014 replacing Annex III to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives Text with EEA relevance.
  • New guidelines for labelling waste in accordance with Regulation (EC) No 1272/2008 (link in Spanish) of the European Parliament and of the Council of 16th of December 2008 (CLP).

The following are the main modifications that affect this legislation:

Commission Decision 2014/955/UE

The new European Waste Code (EWC) incorporates changes eliminating redundancies and updating terms:

  • Of Chapter 13 “waste oils and liquid fuels (except the edible oils and chapters 05 and 12)”, removes the exception of those of Chapter 19. Now reads: waste oils and liquid fuels (except the edible oils and chapters 05, 12 and 19)”,
  • Of the Code “red mud from alumina production other than the wastes mentioned in 01 03 10” the previous reference to the code 01 03 07 is replaced by that of the code 01 03 10.
  • Of the Code 15 01 11* “ metallic packaging containing a hazardous solid porous matrix (for example asbestos), including empty pressure containers” the example of asbestos was added.
  • Of the Code 16 08 04 “spent fluid catalytic cracking catalysts (except 16 08 07)” the reference to “in bed” fluid is eliminated.
  • New Codes are introduced 16 03 07* “metallic mercury” and 19 03 08* “partly stabilised mercury”.
  • Of the Code 19 04 02* “fly ash and other flue-gas treatment wastes”, flue-gas is added.
  • Of the Code 19 08 09 “grease and oil mixture from oil/water separation containing only edible oil and fats” the word edible is introduced.

Commission Regulation (EU) No 1357/2014

Among other changes, the new regulation amends the nomenclature of Sentences H, as listed in annex III of the Law 22/2011 of the 28th of July (link in Spanish) by “HP”, thereby avoiding confusion with the H-phrases of CLP Regulation:

Annex III Law 22/2011, of the 28th of July

Anexo III modified by Regulation 1357/2014 of 18th of December 2014

H1 “Explosive”

HP1 “Explosive”

H2 “Oxidising”

HP 2 “Oxidising”

H 3-A “Easily Flammable”

HP 3“Flammable”:

H 4 “Irritant”

HP 4“Irritant — skin irritation and eye damage”

H 5 “Harmful”

HP 5 “Specific Target Organ Toxicity (STOT)/Aspiration Toxicity”

H 6 “Toxic”

HP 6 “Acute Toxicity”

H 7 “Carcinogenic”

HP 7“Carcinogenic”:

H 8 “Corrosive”

HP 8“Corrosive”

H 9 “Infectious”

HP 9“Infectious”

H 10 “Toxic for reproduction”

HP 10“Toxic for reproduction”:

H 11 “Mutagenic”

HP 11“Mutagenic”:

H 12 “Waste that emit toxic or very toxic gases in contact with water, air or with an acid”

HP 12“Release of an acute toxic gas”

H 13* “Sensitising”

HP 13 “Sensitising”

H 14 “Ecotoxic”

HP 14“Ecotoxic”

H 15 “Susceptible waste, after their disposal, to give rise to another substance by any means whatsoever, for example, a leach which possesses some of the characteristics listed above”.

HP 15“Waste capable of exhibiting a hazardous property listed above not directly displayed by the original waste”.

The determination of whether or not a waste is dangerous will be carried out, identifying within the EWC list contained in the Commission decision 2014/955/UE.

  • If the waste is described only with a EWC code without an asterisk, the waste will be non-hazardous.
  • If the waste is described only with a EWC code with an asterisk, the waste will be hazardous.

Regulation (CE) Nº 1272/2008

The labelling of hazardous waste as regulated in article 14 of Royal Decree 833/88. Notwithstanding, paragraphs 3 and 4 of that article shall be amended as from the 1st of June 2015, when the Directive 67/548/CEE and the Directive 1999/45/CE (link to English) on which the current labelling of hazardous waste was based on the Regulation 1272/2008 of 16th of December on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 , and therefore, the nature of the risks in the labelling shall be indicated in accordance with the aforementioned Regulation (CLP).


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