The List of Wastes (England) Regulations 2005

Citation, commencement and application E+W

1.—(1) These Regulations may be cited as the List of Wastes (England) Regulations 2005 and come into force on 16th July 2005.

(2) These Regulations apply to England only.

Commencement Information

I1 Reg. 1 in force at 16.7.2005, see reg. 1(1)

Interpretation E+W

2.—(1) In these Regulations—

[F1 (a) “the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste];

(b) Directive 67/548/EEC (the Dangerous Substances Directive, which is referred to in the Introduction to the List) means Directive 67/548/EEC(1) on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances as last amended by [F2 Commission Directive 2004/73/EC(4)]; and

[F3 (c) a reference to hazardous properties is a reference to the properties set out in Annex III to the Waste Directive.]

(2) In these Regulations—

(a) “the List of Wastes Decision” means Commission Decision 2000/532/EC(2) of 3 May 2000 replacing Decision 94/3/EC(3) establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC(4) 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(5);

(ii) Commission Decision 2001/119/EC(6); and

(iii) Council Decision 2001/573/EC(7);

[F4 (b) “the List of Wastes” means the list of Wastes set out in the Annex to the List of Wastes Decision, as it is set out in Schedule 1, and a reference to the List of Wastes includes a reference to its introduction (“the Introduction to the List”).]

(3) In these Regulations—

(a) “the Hazardous Waste Regulations” means the Hazardous Waste (England and Wales) Regulations 2005(8);

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

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

(d) “dangerous substance” 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(9).

Textual Amendments

F1 Reg. 2(1)(a) substituted (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 20(2)(a) (with regs. 2, 47(2))

F2 Words in reg. 2(1)(b) substituted (15.7.2005) by The List of Wastes (England) (Amendment) Regulations 2005 (S.I. 2005/1673), regs. 1(1), 3(a)

F3 Reg. 2(1)(c) substituted (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 20(2)(b) (with regs. 2, 47(2))

F4 Reg. 2(1)(b) substituted (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 20(2)(c) (with regs. 2, 47(2))

Commencement Information

I2 Reg. 2 in force at 16.7.2005, see reg. 1(1)

Effect of the List of Wastes E+W

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 shall be recognised and used for those purposes.

(2) Paragraph (1) is without prejudice to any regulations made under section 62A(1) of the Environmental Protection Act 1990(10) 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.

Commencement Information

I3 Reg. 3 in force at 16.7.2005, see reg. 1(1)

Properties and characteristics of dangerous substances classified as hazardous waste E+W

4.  Wastes satisfies the requirements of this regulation in respect of any of the [F5 hazardous] properties H3 to H8, H10(11) and H11 F6 ..., where it displays one or more of the following characteristics—

(a) flash point ≤ 55 °C;

(b) one or more substances classified(12) 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 [F7 R68 at a concentration = 1%.]

Textual Amendments

F5 Word in reg. 4 inserted (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 20(3)(a) (with regs. 2, 47(2))

F6 Words in reg. 4 omitted (29.3.2011) by virtue of The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 20(3)(b) (with regs. 2, 47(2))

F7 Words in reg. 4(n) substituted (15.7.2005) by The List of Wastes (England) (Amendment) Regulations 2005 (S.I. 2005/1673), regs. 1(1), 4

Commencement Information

I4 Reg. 4 in force at 16.7.2005, see reg. 1(1)

Consequential Amendments E+W

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

Commencement Information

I5 Reg. 5 in force at 16.7.2005, see reg. 1(1)

Elliot Morley

Minister of State

Department for Environmental, Food and Rural Affairs

23rd March 2005