On 5 July 2018, the new European regulation governing the classification of ecotoxic waste came into force. In detail, we are talking about Regulation (EU) 997/20017 which modified the criteria for assigning the HP14 Ecotoxic hazard characteristic. The aim of the current regulation is to establish precise rules and a well-defined classification at Community level for the attribution of the eco-toxic characteristic to waste.
The name HP14 indicates ecotoxic waste, therefore considered hazardous to the environment. HP14 waste, in fact, presents or may present immediate or deferred risks for 1 or more environmental compartments.
How the legislation changes
Before the entry into force of the European Regulation, it was the individual EU countries that established the assignment of the HP14 characteristic.
As far as Italy is concerned, the reference standard on the subject was National Law 125/2015 which, however, referred to the provisions contained in the legislation relating to the transport of dangerous goods by road (ADR) for class 9 – M6 and M7.
With the implementation of the new Regulation, however, other criteria are taken into account for the definition of the HP14 characteristic, such as deleterious effects on the ozone layer and irreversible hazards to the environment, especially the aquatic environment.
In this regard, waste consisting of:
- Substances or mixtures classified as hazardous because they deplete the ozone layer – classified with the hazard statement H420;
- Substances or mixtures classified as hazardous to the aquatic environment – chronic hazard category 3 – H412;
- Substances or mixtures classified as hazardous to the aquatic environment – chronic hazard category 4 – H413.
Consequences and implementation of the legislation
But what are the concrete consequences of the entry into force of the European Regulation? Clearly, it will be necessary to proceed with a new classification of waste, as a result of which waste that, until now, did not meet the necessary requirements could also be considered ecotoxic for the environment.
Companies that produce waste, therefore, are urged to proceed with the implementation of a waste reclassification analysis, carried out on the basis of the new European directives in terms of the assignment of the HP14 hazardous characteristic.
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Information circular new criteria for the assignment of the HP14 – ECOTOXIC hazard characteristic