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Welsh Statutory Instruments

2005 No. 1820 (W.148)

ENVIRONMENTAL PROTECTION, WALES

The List of Wastes (Wales) Regulations 2005

Made

5 July 2005

Coming into force

16 July 2005

The National Assembly for Wales, being designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste, in exercise of the powers conferred on it by section 2(2) of that Act, makes the following Regulations:

Title, commencement and application

1.—(1) The title of these Regulations is the List of Wastes (Wales) Regulations 2005 and they come into force on 16 July 2005.

(2) These Regulations apply in relation to Wales.

Interpretation

2.—(1) In these Regulations —

(a)“the Waste Directive” (“y Gyfarwyddeb Gwastraff”) means Council Directive 75/442/EEC(3) on waste as amended by—

(i)Council Directives 91/156/EEC(4) and 91/692/EEC(5);

(ii)Commission Decision 96/350/EC(6); and

(iii)Regulation (EC) No 1882/2003(7);

(b)“Directive 67/548/EEC” (“Cyfarwyddeb 67/548/EEC”) (the Dangerous Substances Directive, which is referred to in the Introduction to the List) means Directive 67/548/EEC(8) on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances as last amended by Commission Directive 2004/73/EC(9); and

(c)“the Hazardous Waste Directive” (“y Gyfarwyddeb Gwastraff Peryglus”) means Council Directive 91/689/EEC(10) of 31 December 1991 on hazardous waste, as amended by Council Directive 94/31/EC(11), and a reference to—

(i)an annex of the Hazardous Waste Directive is a reference to that annex as it is for the time being set out in the relevant schedule to the Hazardous Waste Regulations; and

(ii)hazardous properties is a reference to the properties in Annex III as so set out.

(2) In these Regulations—

(a)“the List of Wastes Decision” (“Penderfyniad y Rhestr Wastraffoedd”) means Commission Decision 2000/532/EC(12) of 3 May 2000 replacing Decision 94/3/EC(13) establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC(14) establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended by—

(i)Commission Decision 2001/118/EC(15);

(ii)Commission Decision 2001/119/EC(16); and

(iii)Council Decision 2001/573/EC(17));

(b)“the List of Wastes” (“y Rhestr Wastraffoedd”) means the List of wastes set out in the Annex to the List of Wastes Decision, being a list drawn up—

(i)in relation to wastes belonging to the categories listed in Annex I (Categories of Waste) of the Waste Framework Directive, by the Commission, acting in accordance with the procedure laid down in Article 18 of that Directive;

(ii)in relation to hazardous waste, in accordance with the procedure laid down in Article 18 of the Waste Framework Directive on the basis of—

(aa)Annex I (Categories or generic types of hazardous waste listed according to their nature or the activity which generated them) to the Hazardous Waste Directive; and

(bb)Annex II (Constituents of the wastes in Annex 1.B. which render them hazardous when they have the properties described in Annex III) to the Hazardous Waste Directive,

and a reference to the List of Wastes includes a reference to the Introduction thereto (“the Introduction to the List”).

(3) In these Regulations—

(a)“the Hazardous Waste Regulations” (“y Rheoliadau Gwastraff Peryglus”) means the Hazardous Waste (Wales) Regulations 2005(18);

(b)“hazardous waste” (“gwastraff peryglus”) has the meaning given by regulation 6 of the Hazardous Waste Regulations;

(c)“waste” (“gwastraff”) has the meaning given by regulation 2(1)(b) of the Hazardous Waste Regulations; and

(d)“dangerous substance” (“sylwedd peryglus”) means, notwithstanding paragraph 5 of the Introduction to the List, a substance which for the time being is a dangerous substance within the meaning of regulation 2 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002(19).

Effect of the List of Wastes

3.—(1) Subject to regulation 2(3)(d) and the following provisions of this regulation, the List of Wastes has effect for purposes connected with the regulation of waste and hazardous waste, and in particular for the purposes of—

(a)the determination of whether a material or substance is a waste or a hazardous waste, as the case may be;

(b)the classification and coding of wastes and hazardous waste,

and accordingly the List of Wastes and the codes and chapter headings are to be recognised and used for those purposes.

(2) Paragraph (1) is without prejudice to regulations made under section 62A(1) of the Environmental Protection Act 1990(20) or any determination under regulations 8 or 9 of the Hazardous Waste Regulations.

(3) Subject to regulation 2(3)(c), the notes set out in the Introduction to the List have effect for the purposes of—

(a)the interpretation of the List of Wastes;

(b)the determination of whether a material or substance is a waste or a hazardous waste, as the case may be; and

(c)the identification of a waste or hazardous waste, as the case may be.

(4) The different types of wastes in the List of Wastes are fully defined by the six-digit code for the waste and the respective two-digit and four-digit chapter headings, and accordingly, for purposes connected with the regulation of waste or hazardous waste—

(a)any reference to a waste by its six-digit code as specified in the List of Wastes is to be treated as a reference to that waste; and

(b)a reference to wastes by the respective two-digit or four-digit chapter heading is a reference to the wastes listed in the List of Wastes under that chapter heading.

(5) Where any provision (howsoever expressed) of an enactment imposes a requirement that the six digit code be given, or authorises any action to be taken or requirement to be dispensed with on condition that the six digit code is given, that requirement or condition shall not be taken to have been complied with unless the code given is the code for the waste, or hazardous waste, as the case may be, in the List of Wastes.

(6) Subject to paragraph (7), a waste marked with an asterisk in the List of Wastes is considered listed in the List of Wastes as a hazardous waste for the purposes of regulation 6(a) of the Hazardous Waste Regulations.

(7) Where a waste marked with an asterisk in the List of Wastes comprises or contains one or more dangerous substances, it is considered a hazardous waste—

(a)where the description in the List of Wastes makes no reference to a dangerous substance, regardless of the actual concentration of any dangerous substance present or properties of the waste or that substance;

(b)where a waste is identified as hazardous by a specific or general reference (howsoever expressed) to dangerous substances, if the concentrations of those substances are such (that is, percentage by weight) that the waste—

(i)presents one or more of the hazardous properties; and

(ii)in the case of any of the hazardous properties H3 to H8, H10 or H11, satisfies the requirements of regulation 4.

Properties and characteristics of dangerous substances classified as hazardous waste

4.  Waste satisfies the requirements of this regulation in respect of any of the properties H3 to H8, H10(21) 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(22) 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 R68 at a concentration ≥ 1 %.

Consequential Amendments

5.  Schedule 2 (which makes consequential amendments to secondary legislation) has effect.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(23)

D. Elis-Thomas

The Presiding Officer of the National Assembly for Wales.

5 July 2005

Regulation 2(2)(b)

SCHEDULE 1THE LIST OF WASTES — THE ANNEX TO THE LIST OF WASTES DECISION

“ANNEXList of wastes pursuant to Article 1(a) of Directive 75/442/EEC on waste and Article 1(4) of Directive 91/689/EEC on hazardous waste

Introduction

1.  The present list is a harmonised list of wastes. It will be periodically reviewed on the basis of new knowledge and, in particular, of research results, and if necessary revised in accordance with Article 18 of Directive 75/442/EEC. However, the inclusion of a material in the list does not mean that the material is a waste in all circumstances. Materials are considered to be waste only where the definition of waste in Article 1(a) of Directive 75/442/EEC is met.

2.  Wastes included in the list are subject to the provisions of Directive 75/442/EEC except where Article 2(1)(b) of this Directive applies.

3.  The different types of wastes in the list are fully defined by the six-digit code for the waste and the respective two-digit and four-digit chapter headings. This implies that the following steps should be taken to identify a waste in the list.

(3.1) Identify the source generating the waste in chapters 01 to 12 or 17 to 20 and identify the appropriate six-digit code of the waste (excluding codes ending with 99 of these chapters). A specific production unit may need to classify its activities in several chapters. For instance, a car manufacturer may find its wastes listed in chapters 12 (wastes from shaping and surface treatment of metals), 11 (inorganic wastes containing metals from metal treatment and the coating of metals) and 08 (wastes from the use of coatings), depending on the different process steps.

Note: separately collected packaging waste (including mixtures of different packaging materials) shall be classified in 15 01, not in 20 01.

(3.2) If no appropriate waste code can be found in chapters 01 to 12 or 17 to 20, the chapters 13, 14 and 15 must be examined to identify the waste.

(3.3) If none of these waste codes apply, the waste must be identified according to chapter 16.

(3.4) If the waste is not in chapter 16 either, the 99 code (wastes not otherwise specified) must be used in the section of the list corresponding to the activity identified in step one.

4.  Any waste marked with an asterisk (*) is considered as a hazardous waste pursuant to Directive 91/689/EEC on hazardous waste, and subject to the provisions of that Directive unless Article 1(5) of that Directive applies.

5.  For the purpose of this Decision, 'dangerous substance' means any substance that has been or will be classified as dangerous in Directive 67/548/EEC and its subsequent amendments; 'heavy metal' means any compound of antimony, arsenic, cadmium, chromium(VI), copper, lead, mercury, nickel, selenium, tellurium, thallium and tin, as well as these materials in metallic form, as far as these are classified as dangerous substances.

6.  If a waste is identified as hazardous by a specific or general reference to dangerous substances, the waste is hazardous only if the concentrations of those substances are such (i.e. percentage by weight) that the waste presents one or more of the properties listed in Annex III to Council Directive 91/689/EEC. As regards H3 to H8, H10 and H11, Article 2 of this Decision shall apply. For the characteristics H1, H2, H9 and H12 to H14 Article 2 of the present Decision does not provide specifications at present.

7.  In line with Directive 1999/45/EC (OJ No. L200, 30.7.1999, p.1), which states in its preamble that the case of alloys has been considered to need further assessment because the characteristics of alloys are such that it may not be possible accurately to determine their properties using currently available conventional methods, the provisions of Article 2 would not apply to pure metal alloys (not contaminated by dangerous substances). This will be so pending further work that the Commission and Member States have taken the commitment to undertake on the specific approach of the classification of alloys. The waste materials which are specifically enumerated in this list, shall remain classified as at present.

8.  The following rules for numbering of the items in the list have been used: For those wastes that were not changed, the code numbers from Commission Decision 94/3/EC have been used. The codes for wastes that were changed have been deleted and remain unused in order to avoid confusion after implementation of the new list. Wastes added have been given a code that has not been used in Commission Decision 94/3/EC and Commission Decision 2000/532/EC.

INDEX

Chapters of the list

01Wastes resulting from exploration, mining, quarrying, physical and chemical treatment of minerals
02Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing, food preparation and processing
03Wastes from wood processing and the production of panels and furniture, pulp, paper and cardboard
04Wastes from the leather, fur and textile industries
05Wastes from petroleum refining, natural gas purification and pyrolytic treatment of coal
06Wastes from inorganic chemical processes
07Wastes from organic chemical processes
08Wastes from the manufacture, formulation, supply and use (MFSU) of coatings (paints, varnishes and vitreous enamels), adhesives, sealants and printing inks
09Wastes from the photographic industry
10Wastes from thermal processes
11Wastes from chemical surface treatment and coating of metals and other materials; non-ferrous hydro-metallurgy
12Wastes from shaping and physical and mechanical surface treatment of metals and plastics
13Oil wastes and wastes of liquid fuels (except edible oils, 05 and 12)
14Waste organic solvents, refrigerants and propellants (except 07 and 08)
15Waste packaging; absorbents, wiping cloths, filter materials and protective clothing not otherwise specified
16Wastes not otherwise specified in the list
17Construction and demolition wastes (including excavated soil from contaminated sites)
18Wastes from human or animal health care and/or related research (except kitchen and restaurant wastes not arising from immediate health care)
19Wastes from waste management facilities, off-site waste water treatment plants and the preparation of water intended for human consumption and water for industrial use
20Municipal wastes (household waste and similar commercial, industrial and institutional wastes) including separately collected fractions

Regulation 5

SCHEDULE 2

The Environmental Protection (Duty of Care) Regulations 1991

1.  The Environmental Protection (Duty of Care) Regulations 1991(24) are amended as follows.

2.  In regulation 2(2)(a) for “European Waste Catalogue” substitute “List of Waste (Wales) Regulations 2005”.

The Landfill (England and Wales)Regulations 2002

3.  The Landfill (England and Wales) Regulations 2002(25) are amended as follows.

4.  In paragraph 5(1)(f) of Schedule 1, for “European Waste Catalogue” substitute “List of Waste (Wales) Regulations 2005”.

The Landfill Allowances Scheme (Wales) Regulations 2004

5.  The Landfill Allowances Scheme (Wales) Regulations 2004(26) are amended as follows.

6.  In regulation 2(1), the definition of “European Waste Catalogue” is omitted.

7.  In regulation 6(2)(b) for “European Waste Catalogue” substitute “List of Waste (Wales) Regulations 2005”.

8.  In regulation 7(1)(b) for “European Waste Catalogue” substitute “List of Waste (Wales) Regulations 2005”.

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement (except for Article 3) in Wales Commission Decision 2000/532/EC (“the List of Wastes Decision”, as amended by Decisions 2001/118/EC, 2001/119/EC and 2001/573/EC) which adopted the List of Wastes. A consolidated text of the decision is available at:

Article 1(a) of the Waste Directive (75/442/EEC), a consolidated text of which is available at:

and the first indent of Article 1(4) of the Hazardous Waste Directive (91/689/EEC); a consolidated text of which is available at:

require the drawing up of a list of wastes in accordance with the procedure in Article 18 of the Waste Directive. The European Waste Catalogue comprised the lists in Decisions 94/3/EC and 94/904 adopted pursuant to Article 1(a) of the Waste Directive and Article 1(4) of the Hazardous Waste Directive; these lists were never formally transposed.

The List of Wastes, which replaced the “European Waste Catalogue”, provides for the classification of wastes and determines, subject as follows, whether they are hazardous wastes.

Regulation 6 of the Hazardous Waste (Wales) Regulations 2005 (“the Hazardous Waste Regulations”) defines hazardous waste for the purpose of implementing the Hazardous Waste Directive in Wales. Paragraph (a) of that regulation provides that a waste is hazardous if it is listed as a hazardous waste in these Regulations. The definition is also used in other Directives (for instance, Directive 1999/31/EC on the landfill of waste and Directive 1996/61/EC concerning integrated pollution prevention and control). Consequential amendments to incorporate this list in these Regulations in the relevant implementing legislation is included in Schedule 11 to the Hazardous Waste Regulations.

Regulation 3(1) of these Regulations provides that the List of Wastes has effect for purposes connected with the regulation of waste and hazardous waste, and in particular for—

(a)determining whether a material or substance is a waste or a hazardous waste (sub-paragraph (1)(a); and

(b)the classification and coding of wastes (sub-paragraph (1)(b)). Regulation 3(3) provides that the Introduction to the List of Wastes has effect for the purposes of interpreting the list, for determining whether a waste is hazardous and in identifying the waste.

Regulation 3(4) gives effect, for the purposes of the regulation of waste and hazardous waste, to the six digit codes and two and four digit chapter headings in the List of Wastes.

Regulation 3(5) provides that any requirement (or condition) in any legislation that the correct six digit code is to be given is only complied with (or satisfied) if the code in the List of Wastes for the waste concerned is given. Regulation 3(6) provides for the asterisk in the List of Wastes to indicate that the waste concerned is hazardous, and regulation 3(7) provides that, where waste is identified as hazardous by reference to dangerous substances, it is only hazardous where the limit value in regulation 4, or Annex III of the Hazardous Waste Directive, is satisfied. Regulation 4 sets out the limit values of concentration contained in Article 2 of the List of Wastes Decision.

The List of Wastes refers to substances being hazardous if they contain dangerous substances. A substance is a dangerous substance if it is a dangerous substance pursuant to the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (S.I. 2002/1689, as amended by S.I. 2004/3386) which implement the Dangerous Substances Directive (67/548/EEC) in Great Britain.

A regulatory appraisal has been prepared. Copies can be obtained from the Environment — Protection and Quality Division, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ.

(1)

S.I. 2005/850.

(3)

OJ No L 194, 25.7.1975, p.39.

(4)

OJ No. L 78, 26.3.1991, p.32.

(5)

OJ No. L 377, 31.12.1991, p.48.

(6)

OJ No. L 135, 6.6.1996, p.32.

(7)

OJ No. L 284, 31.10.2003, p.1.

(8)

OJ No. L196, 16.8.1967, p. 1.

(9)

OJ No. L152, 30.4.2004, p.1.

(10)

OJ No. L 377, 31.12.1991, p.20.

(11)

OJ No. L 168, 2.7.1994, p.28.

(12)

OJ No. L 226, 6.9.2000, p.3.

(13)

OJ No. L 5, 7.1.1994, p.15.

(14)

OJ No. L 356, 31.12.11994, p.14.

(15)

OJ No. L 47, 16.2.2001, p.1.

(16)

OJ No. L 47, 16.2.2001, p.32.

(17)

(10) OJ No. L 203, 28.7.2001, p.18.

(19)

S.I. 2002/1689 as amended by S.I. 2004/3386.

(21)

In Directive 92/32/EEC amending for the seventh time Directive 67/548/EEC the term 'toxic for reproduction' was introduced. The term 'teratogenic' 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.

(22)

In Directive 92/32/EEC amending for the seventh time Directive 67/548/EEC the term 'toxic for reproduction' was introduced. The term 'teratogenic' 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.

(24)

S.I. 1991/2839; relevant amendments are in S.I. 2002/1559.

(25)

S.I. 2002/1959; as amended by S.I. 2004/1375.

(26)

S.I. 2004/1490.

(27)

For the purpose of this list of wastes, PCBs will be defined as in Directive 96/59/EC.

(28)

Hazardous components from electrical and electronic equipment may include accumulators and batteries mentioned in 16 06 and marked as hazardous; mercury switches, glass from cathode ray tubes and other activated glass, etc. Back [28]

(29)

For the purpose of this entry, transition metals are: scandium, vanadium, manganese, cobalt, copper, yttrium, niobium, hafnium, tungsten, titanium, chromium, iron, nickel, zinc, zirconium, molybdenum and tantalum. These metals or their compounds are dangerous if they are classified as dangerous substances. The classification of dangerous substances shall determine which among those transition metals and which transition metal compounds are hazardous.

(30)

Stabilisation processes change the dangerousness of the constituents in the waste and thus transform hazardous waste into non-hazardous waste. Solidification processes only change the physical state of the waste (e.g. liquid into solid) by using additives without changing the chemical properties of the waste.

(31)

A waste is considered as partly stabilised if, after the stabilisation process, dangerous constituents which have not been changed completely into non-dangerous constituents could be released into the environment in the short, middle or long term.

(32)

Hazardous components from electrical and electronic equipment may include accumulators and batteries mentioned in 16 06 and marked as hazardous; mercury switches, glass from cathode ray tubes and other activated glass etc.

(33)

As far as the landfilling of waste is concerned, Member States may decide to postpone the entry into force of this entry until the establishment of appropriate measures for the treatment and disposal of waste from construction material containing asbestos. These measures are to be established according to the procedure referred to in Article 17 of Council Directive 1999/31/EC on the landfill of waste (OJ L 182, 16.7.1999, p.1) and shall be adopted by 16 July 2002 at the latest.