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4. Wastes satisfies the requirements of this regulation in respect of any of the properties H3 to H8, H10(1) and H11 of Annex III, where it displays one or more of the following characteristics—
(a)flash point ≤ 55 °C;
(b)one or more substances classified(2) as very toxic at a total concentration ≥ 0,1 %;
(c)one or more substances classified as toxic at a total concentration ≥ 3 %;
(d)one or more substances classified as harmful at a total concentration ≥ 25 %;
(e)one or more corrosive substances classified as R35 at a total concentration ≥ 1 %;
(f)one or more corrosive substances classified as R34 at a total concentration ≥ 5 %;
(g)one or more irritant substances classified as R41 at a total concentration ≥ 10 %;
(h)one or more irritant substances classified as R36, R37, R38 at a total concentration ≥ 20 %;
(i)one substance known to be carcinogenic of category 1 or 2 at a concentration ≥ 0,1 %;
(j)one substance known to be carcinogenic of category 3 at a concentration ≥ 1 %;
(k)one substance toxic for reproduction of category 1 or 2 classified as R60, R61 at a concentration ≥ 0,5 %;
(l)one substance toxic for reproduction of category 3 classified as R62, R63 at a concentration ≥ 5 %;
(m)one mutagenic substance of category 1 or 2 classified as R46 at a concentration ≥ 0,1 %,
(n)one mutagenic substance of category 3 classified as R40 at a concentration ≥ 1 %.
In Directive 92/32/EEC amending for the seventh time Directive 67/548/EEC the term “toxic for reproduction” was introduced. The term “tertagenic” was replaced by a corresponding term “toxic for reproduction”. This term is considered to be in line with property H10 in Annex III to Directive 91/689/EEC.
The classification as well as the R numbers refer to the Dangerous Substances Directive. The concentration limits refer to those laid down in Dangerous Preparations Directive (1999/45/EC; OJ No. L200, 30.7.1999, p.1) as amended by Regulation (EC) No. 1882/2003 (OJ No. L284, 31.10.2003, p.1).
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