umweltbundesamt anlaufstelle basler Übereinkommen dr. joachim wuttke waste definition, waste...

Umweltbundesamt Anlaufstelle Basler Übereinkommen

Dr. Joachim WuttkeDr. Joachim Wuttke

Waste Definition, Waste ClassificationWaste Definition, Waste Classification


Outlook

waste definitionwaste definition hazardous waste definitionhazardous waste definition waste – non-wastewaste – non-waste waste classificationwaste classification exercise on waste definition and exercise on waste definition and

waste classificationwaste classification


waste definition and classification

waste product

green list

amberlist

redlist

Art. 11document

notification procedure

disposaldisposal recyclingrecycling

notlisted


waste definition

Basel ConventionBasel ConventionArticle 2 - DefinitionsArticle 2 - Definitions

For the purposes of this Convention:For the purposes of this Convention:

1.1. "Wastes" are substances or objects which "Wastes" are substances or objects which are disposed of or are intended to be disposed are disposed of or are intended to be disposed of or are required to be disposed of by the of or are required to be disposed of by the provisions of national law;provisions of national law;


waste definition

Waste Framework Directive Waste Framework Directive (75/442/EEC)(75/442/EEC)

Article 1Article 1

For the purposes of this Directive:For the purposes of this Directive:

(a) ‘waste’ shall mean any substance or (a) ‘waste’ shall mean any substance or object in the categories set out in Annex I object in the categories set out in Annex I which the holder discards or intends or is which the holder discards or intends or is required to discard.required to discard.


waste definition

Annex IAnnex I of of Waste Framework DirectiveWaste Framework DirectiveQ1Q1 Production or consumption residues Production or consumption residues

not otherwise specified below not otherwise specified below

Q6Q6 Unusable parts (e.g. reject batteries, Unusable parts (e.g. reject batteries, exhausted catalysts, etc.) exhausted catalysts, etc.)

Q8Q8 Residues of industrial processes Residues of industrial processes (e.g. (e.g. slags, still bottoms, etc.) slags, still bottoms, etc.)

Q16Q16 Any materials, substances or Any materials, substances or products products which are not contained in the which are not contained in the above above categoriescategories


waste definition

German Waste ActGerman Waste ActArticle 3 - Definition of TermsArticle 3 - Definition of Terms

(1) According to this Act, "waste" means all movable pro (1) According to this Act, "waste" means all movable pro perty that falls within one of the categories listed in Annex perty that falls within one of the categories listed in Annex 1 and which the owner disposes of, intends to dispose of or 1 and which the owner disposes of, intends to dispose of or is required to dispose of. "Waste for recovery" is waste that is required to dispose of. "Waste for recovery" is waste that is recovered; waste that is not recoverable is "waste for dis is recovered; waste that is not recoverable is "waste for dis posal".posal".

(2) Disposal as referred to in Para 1 occurs when the owner (2) Disposal as referred to in Para 1 occurs when the owner presents movable property for recovery within the meaning presents movable property for recovery within the meaning of Annex IIB, or for disposal within the meaning of Annex of Annex IIB, or for disposal within the meaning of Annex IIA, or when the owner gives up actual physical ownership IIA, or when the owner gives up actual physical ownership over the property and any further purpose for it ceases to over the property and any further purpose for it ceases to exist.exist.


hazardous waste definition

Basel ConventionBasel ConventionArticle 1 - Scope of the ConventionArticle 1 - Scope of the Convention

1. The following wastes that are subject to transboundary 1. The following wastes that are subject to transboundary movement shall be "hazardous wastes" for the purposes of movement shall be "hazardous wastes" for the purposes of this Convention: this Convention:

(a)(a) Wastes that belong to any category contained in Wastes that belong to any category contained in Annex I, unless they do not possess any of the charac-Annex I, unless they do not possess any of the charac-teristics contained in Annex III; andteristics contained in Annex III; and

(b)(b) Wastes that are not covered under paragraph (a) Wastes that are not covered under paragraph (a) but are defined as, or are considered to be, hazardous but are defined as, or are considered to be, hazardous wastes by the domestic legislation of the Party of export, wastes by the domestic legislation of the Party of export, import or transit.import or transit.

2.2. Wastes that belong to any category contained in Annex Wastes that belong to any category contained in Annex II that are subject to transboundary movement shall be II that are subject to transboundary movement shall be "other wastes" for the purposes of this Convention."other wastes" for the purposes of this Convention.


waste / non-waste 1/6 A waste ceases to be a waste whenA waste ceases to be a waste when

(a) it requires no further processing by a (a) it requires no further processing by a recovery operation; recovery operation;

ANDAND(b) the recovered material can and will be used (b) the recovered material can and will be used

in the same way as a material which has in the same way as a material which has not not been defined as waste;been defined as waste;

ANDAND(c) the recovered material meets all relevant (c) the recovered material meets all relevant

health and environmental requirementshealth and environmental requirements

Source:Source: FINAL GUIDANCE DOCUMENT FOR DISTINGUISHING FINAL GUIDANCE DOCUMENT FOR DISTINGUISHING WASTE FROM NON-WASTE WASTE FROM NON-WASTE

OECD Document ENV/EPOC/WMP(98)1/REV1)OECD Document ENV/EPOC/WMP(98)1/REV1)


waste / non-waste 2/6

CriteriaCriteria– Is the material produced Is the material produced

intentionally?intentionally?– Is the material made in response to Is the material made in response to

market demand?market demand?– Is the production of the material Is the production of the material

subject to quality control?subject to quality control?– Does the material meet well deve-Does the material meet well deve-

loped nationally and internationally loped nationally and internationally recognised specifications/standards?recognised specifications/standards?



Criteria Criteria – Do these standards include environ-Do these standards include environ-

mental considerations, in addition to mental considerations, in addition to technical or economic considerations?technical or economic considerations?

– Is the material still suitable for its Is the material still suitable for its originally intended purpose?originally intended purpose?

– Can the material be used for another Can the material be used for another purpose as a substitute material?purpose as a substitute material?

– Is this processing limited to minor Is this processing limited to minor repair?repair?



CriteriaCriteria– Will the material actually be used in a Will the material actually be used in a

production process?production process?– Does the material have an identified Does the material have an identified

use?use?– Can the material be used in its present Can the material be used in its present

form or in the same way as a raw form or in the same way as a raw material without being subjected to a material without being subjected to a recovery operation?recovery operation?



CriteriaCriteria – Can the material be used only after it Can the material be used only after it

has been subjected to a recovery has been subjected to a recovery operation?operation?

– Is the use of the material as environ-Is the use of the material as environ-mentally sound as that of a primary mentally sound as that of a primary product?product?

– Does the use of the material in a pro-Does the use of the material in a pro-duction process cause any increased duction process cause any increased risks to human health or the environ-risks to human health or the environ-ment greater than the use of the ment greater than the use of the corresponding raw material?corresponding raw material?



CriteriaCriteria– Is the overall economic value of the Is the overall economic value of the

material negative?material negative?– Is the material no longer part of the Is the material no longer part of the

normal commercial cycle or chain of normal commercial cycle or chain of utility?utility?

– Is further processing required before Is further processing required before the material can be directly used in a the material can be directly used in a manufacturing/commercial applica-manufacturing/commercial applica-tion?tion?


waste / non-waste – end of life goods

Is the good used for its originally intended purpose?

Is the good used for its originally intended purpose?

Can the good be used directly without any further treatment for another purpose as a substitute material?

Can the good be used directly without any further treatment for another purpose as a substitute material?

Is repair necessary before the good is used for its originally intended purpose?

Is repair necessary before the good is used for its originally intended purpose?

non-waste

Is the good brought back the holder?Is the good brought back the holder?


waste / non-waste – end of life goods

Is minor repair necessary?Is minor repair necessary?

Is major repair necessary?Is major repair necessary?

case by case decision

case by case decision

waste


Waste Waste ClassificationClassification


Development of Waste Legislation 1/3

national regulations (i.e. German Waste national regulations (i.e. German Waste Disposal Act of 1972)Disposal Act of 1972)– waste definitionwaste definition– framework for waste disposalframework for waste disposal

OECD-Decision C(88)90 FinalOECD-Decision C(88)90 Final– core list of waste (Y-List), disposal (D) and core list of waste (Y-List), disposal (D) and

recovery (R) operationsrecovery (R) operations– reasons why a material is controlled (Q-List)reasons why a material is controlled (Q-List)– generic types of potential hazardous wastes generic types of potential hazardous wastes

(1994 harmonised with BC)(1994 harmonised with BC)– hazardous characteristics (H-Criteria), consti-hazardous characteristics (H-Criteria), consti-

tuents of potential hazardous wastes (C-List)tuents of potential hazardous wastes (C-List)



EU Waste Framework Directive EU Waste Framework Directive (75/442/EEC) as amended(75/442/EEC) as amended– Q-List, R and D operations,Q-List, R and D operations,

EU Hazardous Waste Directive EU Hazardous Waste Directive (91/689/EEC)(91/689/EEC)– generic types, C-List, slightly different H-generic types, C-List, slightly different H-

criteria based on chemical legislationcriteria based on chemical legislation



Basel ConventionBasel Convention– Y-List of C(88)90 as Annex IY-List of C(88)90 as Annex I– H-Criteria of C(88)90 as Annex III with H-Criteria of C(88)90 as Annex III with

reference to UN-RTDGreference to UN-RTDG– R and D operations of C(88)90 as Annex IVR and D operations of C(88)90 as Annex IV– Waste Lists of Annex VIII and Annex IX Waste Lists of Annex VIII and Annex IX

(developed based on OECD Waste Lists of (developed based on OECD Waste Lists of C(92/39)C(92/39)

new OECD Waste Lists of OECD Decision new OECD Waste Lists of OECD Decision C(2001)107 developed based on Annex VIII and C(2001)107 developed based on Annex VIII and Annex IX of BC and the former Green, Amber Annex IX of BC and the former Green, Amber and Red Lists of C(92/39)and Red Lists of C(92/39)


Waste Lists Comparison

1.1. Substance orientatedSubstance orientated

2.2. Source orientatedSource orientated

3.3. mixture of conceptsmixture of concepts


principles and systems of waste classification

substance orientated classificationsubstance orientated classification

OECD-Lists/Basel ListsOECD-Lists/Basel Lists

mixture of conceptsmixture of concepts LAGA-Waste Lists (until 1998)LAGA-Waste Lists (until 1998)

ÖNORM ÖNORM (Austrian Waste List)(Austrian Waste List)

EU Waste List (since 2002)EU Waste List (since 2002)

EU Waste List (1999 - 2001)EU Waste List (1999 - 2001)

source orientated classificationsource orientated classification


Waste List Comparison

BaselBasel OECDOECD EU-WSREU-WSR

scopescope hazardous wastehazardous waste

R + DR + D

hazardous + non-hazardous + non-hazardous wastehazardous waste

RR

hazardous + non-hazardous + non-hazardous wastehazardous waste

R + DR + D

basicsbasics intrinsic property:intrinsic property:

A ListA List

R + D R + D

substance orientatedsubstance orientated

risk assessment:risk assessment:

Amber + RedAmber + Red

RR

substance substance orientatedorientated

intrinsic property:intrinsic property:

XX YY ZZ*XX YY ZZ*

[D][D]

risk assessment:risk assessment:

RR

D: source D: source orientatedorientated

EWLEWL

R: substance R: substance orientatedorientated

OECD, In future: OECD, In future: Basel A + BBasel A + B


European Waste List (EWL)

839 Waste codes– 405 hazardous wastes– 170 mirror entries

basic: intrinsic properties (H1 – H14)

Limit values based on classification of hazardous goods



General definitionGeneral definition– dangerous substancedangerous substance» dynamic reference to list of hazardous dynamic reference to list of hazardous

goodsgoods

– heavy metalheavy metal



Step-In / Step-Out clauseStep-In / Step-Out clause– step-outstep-out» in exceptional casesin exceptional cases» proven by notifierproven by notifier» decided by competent authoritiesdecided by competent authorities

– step-instep-in» waste exhibits a hazardous criteriawaste exhibits a hazardous criteria» decision by a member statedecision by a member state» has to be notified to COMhas to be notified to COM» checked by COM whether amendments of checked by COM whether amendments of

EWL is necessaryEWL is necessary



How to deal with mirror entries?How to deal with mirror entries?– find the appropriate mirror entryfind the appropriate mirror entry

– check if sufficient scientific knowledge is check if sufficient scientific knowledge is available (hazardous goods classification, available (hazardous goods classification, production process ….)production process ….)

if no result:if no result:

– check analytics availablecheck analytics available

worst case:worst case:

– full analyticsfull analytics



Use of listUse of list– first check chapter 1 – 12, 17 – 20first check chapter 1 – 12, 17 – 20– secondly check chapter 13 – 15secondly check chapter 13 – 15– thirdly check chapter 16thirdly check chapter 16– lastly use codes ending with XX YY 99lastly use codes ending with XX YY 99


exercise on waste definition exercise on waste definition

and waste classificationand waste classification


compressors from fridges


compressors from fridges

CFC


end of life mobil phones

visual pre-sorting function control

mobile phone doesn't function: waste

Mobil phone is functioning:product


electronic scrap


CRT‘s


waste — non-waste / waste classification exercise

samplsamplee

material descriptionmaterial description OECD OECD CodeCode

Basel Basel CodeCode

EWL EWL CodeCode

11 tungstate (tungsten ore) tungstate (tungsten ore)

22 powdery scrap of hard metal, powdery scrap of hard metal, refractory metalrefractory metal((57% W, 8,5% Co, 1,1% Ti, 0,9% Ta, 57% W, 8,5% Co, 1,1% Ti, 0,9% Ta, 0,4% Nb, 0,3% Ni)0,4% Nb, 0,3% Ni)

88 mixed glass waste (from households)mixed glass waste (from households) 1313 CRT-glass cullet, funnel glass, not CRT-glass cullet, funnel glass, not

processedprocessed 2121 wood pellets (fuel) wood pellets (fuel)

3131 used catalyst, containing transition used catalyst, containing transition metals metals

3939 brass dross, from shaping brass dross, from shaping


Thank you for your attentionThank you for your attention


UmweltbundesamtUmweltbundesamt

Anlaufstelle Basler Anlaufstelle Basler ÜbereinkommenÜbereinkommen

Wörlitzer Platz 1Wörlitzer Platz 106844 Dessau06844 Dessau

AnlaufstelleAnlaufstelle

FaxFax AnlaufstelleAnlaufstelle

e-mail e-mail AnlaufstelleAnlaufstelle

Dr. Joachim Dr. Joachim WuttkeWuttke

e-mail e-mail Dr. Joachim Dr. Joachim WuttkeWuttke

Federal Environment Federal Environment AgencyAgency

Focal Point Basel Focal Point Basel ConventionConvention

Wörlitzer Platz 1Wörlitzer Platz 106844 Dessau06844 Dessau

++49 (340) 2103 3296++49 (340) 2103 3296

++49 (340) 2103 3103++49 (340) 2103 3103

[email protected]@uba.dede

++49 (340) 2103 3459++49 (340) 2103 3459

[email protected]@uba.dee

umweltbundesamt anlaufstelle basler Übereinkommen dr. joachim wuttke waste definition, waste...

Documents

waste classification

eec waste framework

definition of terms

hazardous wastes

meaning of annex iib

meaning of annex iia

eec article

following wastes