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. )

• Published date: 14 June 2017
• Subject Matter: Environment
• Official Gazette Publication: Official Journal of the European Union, L 150, 14 June 2017

14.6.2017 EN Official Journal of the European Union L 150/1

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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)

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 (1), 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 (2) 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 (3).

(4) Directive 67/548/EEC was repealed with effect from 1 June 2015 and replaced by Regulation (EC) No 1272/2008 of the European Parliament and of the Council (4). 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 (5) 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 (6) 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

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