(Høringsutkast) Kommisjonsforordning om endring av vedlegg III til europaparlaments- og rådsdirektiv 2008/98/EF hva angår egenskapen miljøfare HP 14 ('Ecotoxic')
(Consultation draft) Commission Regulation amending Annex III to Directive 2008/98/EC of the European Parliament and of the Council as regards the hazardous property HP 14 (ʻEcotoxic’)
Høringsutkast lagt fram av Kommisjonen 20.7.2016
BAKGRUNN (fra kommisjonsforordningen, engelsk utgave)
(1) Annex III to Directive 2008/98/EC lists properties of waste which render it hazardous.
(2) Directive 2008/98/EC states that the classification of waste as hazardous should be based, inter alia, on the Union legislation on chemicals, in particular concerning the classification of mixtures as hazardous, including concentration limit values used for that purpose. Commission Decision 2000/532/EC established a list of the types of waste in order to encourage a harmonised classification of waste and to ensure the harmonised determination of hazardous properties of waste within the Union.
(3) Annex III to Directive 2008/98/EC provides that the attribution of the hazardous property HP 14 (ʻEcotoxic’) is to be made on the basis of the criteria laid down by Annex VI to Council Directive 67/548/EEC.
(4) Directive 67/548/EEC was repealed from 1 June 2015 and replaced by Regulation (EC) No 1272/2008. By way of derogation, this Directive may apply to some mixtures until 1 June 2017, in case they were classified, labelled and packaged in accordance with Directive 1999/45/EC and already placed on the market before 1 June 2015.
(5) Annex III to Directive 2008/98/EC was replaced by Commission Regulation (EU) No 1357/2014 in order to align, where appropriate, the definitions of the hazardous properties with Regulation (EC) No 1272/2008, and replace the references to Directive 67/548/EEC by references to Regulation (EC) No 1272/2008.
(6) The definition of hazardous property HP 14 (ʻEcotoxic’) was not amended by Commission Regulation (EU) No 1357/2014 as an additional study was needed in order to ensure completeness and representativeness as regards the information on possible impacts of an alignment of the assessment of hazardous property HP 14 (ʻEcotoxic’) with Regulation (EC) No 1272/2008. This Regulation should reflect the recommendations of that study, and to the extent possible align the assessment of hazardous property HP 14 (ʻEcotoxic’) for waste with the criteria laid down in Regulation (EC) No 1272/2008 for the assessment of ecotoxicity of chemicals.
(7) When determining the hazard classification of waste for hazardous property HP14 (ʻEcotoxic’) by applying calculation formulae, generic cut-off values, as defined in Regulation (EC) No 1272/2008, should apply to substances in waste in order to reduce the classification burden.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Committee provided for in Article 39 of Directive 2008/98/EC.
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