4. Wastes classified as hazardous are considered to display—
(a)one or more of the properties listed in Annex III to the Hazardous Waste Directive; and
(b)as regards H3 to H8, H10(1) and H11 of that Annex, they display one or more of the following characteristics—
flash point ≤ 55°C,
one or more substances classified(2) as very toxic at a total concentration ≥ 0,1 %,
one or more substances classified as toxic at a total concentration ≥ 3 %,
one or more substances classified as harmful at a total concentration ≥ 25 %,
one or more corrosive substances classified as R35 at a total concentration ≥ 1 %,
one or more corrosive substances classified as R34 at a total concentration ≥ 5 %,
one or more irritant substances classified as R41 at a total concentration ≥ 10 %,
one or more irritant substances classified as R36, R37, R38 at a total concentration ≥ 20 %,
one substance known to be carcinogenic of category 1 or 2 at a concentration ≥ 0,1 %,
one substance known to be carcinogenic of category 3 at a concentration ≥ 1 %,
one substance toxic for reproduction of category 1 or 2 classified as R60, R61 at a concentration ≥ 0,5 %,
one substance toxic for reproduction of category 3 classified as R62, R63 at a concentration ≥ 5 %,
one mutagenic substance of category 1 or 2 classified as R46 at a concentration ≥ 0,1 %,
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 “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
The classification as well as the R numbers refer to the Dangerous Substances Directive. The concentration limits refer to those laid down in the Dangerous Preparations Directive (1999/45/EC; O.J. No. L200, 30.7.1999, p. 1) as amended by Regulation (EC) No. 1882/2003 (O.J. No. L284, 31.10.2003, p. 1)