The Hazardous Waste (Wales) Regulations 2005

Regulation 3(2)(a)(iii)

SCHEDULE 3 E+W ANNEX III OF THE HAZARDOUS WASTE DIRECTIVE

“ANNEX III E+W PROPERTIES OF WASTES WHICH RENDER THEM HAZARDOUS

H1	“Explosive”: substances and preparations which may explode under the effect of flame or which are more sensitive to shocks or friction than dinitrobenzene.
H2	“Oxidizing”: substances and preparations which exhibit highly exothermic reactions when in contact with other substances, particularly flammable substances.
H3-A	“Highly flammable”:
	— liquid substances and preparations having a flash point below 21 °C (including extremely flammable liquids), or
	— substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any application of energy, or
	— solid substances and preparations which may readily catch fire after brief contact with a source of ignition and which continue to burn or to be consumed after removal of the source of ignition, or
	— gaseous substances and preparations which are flammable in air at normal pressure, or
	— substances and preparations which, in contact with water or damp air, evolve highly flammable gases in dangerous quantities.
H3-B and	“Flammable”: liquid substances and preparations having a flash point equal to or greater than 21 °C less than or equal to 55 °C.
H4	“Irritant”: non-corrosive substances and preparations which, through immediate, prolonged or repeated contact with the skin or mucous membrane, can cause inflammation.
H5	“harmful”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may involve limited health risks.
H6	“Toxic”: substances and preparations (including very toxic substances and preparations) which, if they are inhaled or ingested or if they penetrate the skin, may involve serious, acute or chronic health risks and even death.
H7	“Carcinogenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce cancer or increase its incidence.
H8	“Corrosive”: substances and preparations which may destroy living tissue on contacts.
H9	“Infectious”: substances containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in man or other living organisms.
H10	“Teratogenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce non-hereditary congenital malformations or increase their incidence.
H11	“Mutagenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce hereditary genetic defects or increase their incidence.
H12	Substances and preparations which release toxic or very toxic gases in contact with water, air or an acid.
H13	Substances and preparations capable by any means, after disposal, of yielding another substance, e.g. a leachate, which possesses any of the characteristics listed above.
H14	“Ecotoxic”: substances and preparations which present or may present immediate or delayed risks for one or more sectors of the environment.

Notes

1.  Attribution of the hazard properties “toxic” (and “very toxic”), “harmful”, “corrosive” and “irritant” is made on the basis of the criteria laid down by Annex VI, part I A and part II B, of Council Directive 67/548/EEC of 27 June 1967 of the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances M1 , in the version as amended by Council Directive 79/831/EEC M2 . E+W

Marginal Citations

M1 S.I. 2000/1043, to which there are amendments not relevant to these Regulations.

M2 S.I. 2000/1973; relevant amendments have been made by S.I.2002/2980.

2.  With regard to attribution of the properties “carcinogenic”, “teratogenic” and “mutagenic”, and reflecting the most recent findings, additional criteria are contained in the Guide to the classification and labelling of dangerous substances and preparations of Annex VI (part II D) to Directive 67/548/EEC in the version as amended by Commission Directive 83/467/EEC M3 . E+W

Test methods

The test methods serve to give specific meaning to the definitions given in Annex III.

The methods to be used are those described in Annex V to Directive 67/548/EEC,in the version as amended by Commission Directive 84/449/EEC M4 , or by subsequent Commission Directives adapting Directive 67/548/EEC to technical progress. These methods are themselves based on the work and recommendations of the competent international bodies, in particular the OECD.

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Marginal Citations

M3 S.I. 2002/1689, to which there are amendments not relevant to these Regulations.

M4 S.I. 2002/1959; as amended by S.I. 2004/1375.