Waste sorting: a how-to guide

Waste classification is complex. It depends on the objective (storage, transport, ICPE) and regulations (LoW, ADR, CLP). "Mirror entries" and the calculation of hazardous properties complicate the process.

Marie Faucon
Consultante HSE
Mise à jour : 
07.07.2026
Publication : 
31.12.2019
Table of Contents
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🔎 Key takeaways

  • End-to-end responsibility: Every waste producer or holder is legally responsible for its traceability and management until final disposal or recovery.
  • A triple regulatory challenge: Classifying waste does not follow a single logic. The same waste must be analyzed through three different lenses: storage/treatment (List of Waste LoW), impact on site status (Nomenclature ICPE via the CLP regulation) and road transport (Regulation ADR).
  • The "mirror entries" puzzle: When waste can be classified as either hazardous (MH) or non-hazardous (MNH), the operator must calculate the concentration of its substances (via SDS) or conduct tests to determine its specific hazardous properties ("HP" criteria from HP4 to HP15).
  • No automatic bridge: Waste classified as hazardous from an environmental perspective (e.g., property HP14 "Ecotoxic") is not automatically subject to the rules for the transport of dangerous goods (ADR Class 9). Each framework has its own threshold criteria.

    • Please note: This article concerns French legislation. The requirements described may not apply in other countries.

    The waste classification can be a real headache, as regulatory standards have changed in recent years and the approach to take depends on your specific goal. Here is an overview of the subject.

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    When must a site classify its waste?

    First, a reminder: every waste producer or holder is responsible for their waste and is therefore required to ensure, or have ensured, its management and traceability. To do this, they can rely on waste management software which will greatly simplify the task. This responsibility extends to the final disposal or recovery of the waste. The situations in which a site must classify waste are as follows:

    • Defining waste storage rules and determining the most appropriate treatment method (recovery or disposal). This involves referring to the waste nomenclature or the European Waste Catalogue (EWC).
    • Identifying the waste transport rules to be followed when shipping waste to a treatment facility. In this context, ADR classification applies.
    • Assessing the site's ICPE (Installations Classified for Environmental Protection) status, with regard to the 4000 series of the ICPE nomenclature. This is based on the "quantity likely to be present in the facility," which also includes waste. In this framework, "product" regulations, specifically the CLP regulation, apply.

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    🛑 What has changed: new traceability and sorting requirements

    Since this article was first published in 2029, waste management in France has become significantly stricter and more digitized. First of all, paper-based traceability is a thing of the past: using the government platform Trackdéchets is now mandatory for issuing and signing Waste Tracking Slips (BSD) in a 100% paperless format for all hazardous waste (including asbestos and refrigerants).

    Furthermore, EWC classification has become an essential prerequisite for complying with the source-segregation of regulatory waste streams (paper, metal, plastic, glass, wood, mineral fractions, plaster), in addition to the strict requirement to sort all bio-waste, regardless of the volume generated by the company. Proper waste classification is no longer just a matter of storage; it is the starting point for digital compliance and the circular economy at your site.

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    The two main challenges in waste classification

    The first challenge, despite some progress, stems from the fact that the legislative texts governing waste and chemical substances (REACH and CLP) are not "perfectly" aligned. Work on potential solutions—to address the obstacles they pose to thecircular economy —is currently underway at theEuropean Unionlevel.

    The second challenge concerns the regulatory frameworks used in France, which have changed in recent years to align with European regulations.

    Consequently, when identifying an appropriate treatment channel and assigning an EWC code, you must now refer to Decision 2000/532/EC of May 3, 2000. This decision stipulates that the criteria defined in Annex III of Directive 2008/98/EC apply when assessing the hazardous properties of waste. This means that classifying hazardous waste requires evaluating the waste's HP hazardous properties.

    For waste that could be assigned codes corresponding to both hazardous and non-hazardous waste, Decision 2000/532/EC and the technical guidance on waste classification (2018/C124/01) provide that a hazardous property may be assessed based on the concentration of hazardous substances in the waste, in accordance with Annex III of Directive 2008/98/EC. Alternatively, this may be done unless otherwise provided by Regulation (EC) No 440/2008, while respecting rules regarding testing on animals and humans.

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    Assigning the correct EWC code can be tricky

    Assigning the correct EWC code, which dictates storage rules and treatment channels, can be complex. Consider the situation where you must choose between a "Mirror Hazardous" (MH) or "Mirror Non-Hazardous" (MNH) entry in the EWC. Once the composition of the waste is established—for example, by using the SDS of the substances making up the mixture (other sources, such as waste analysis databases, may also be used)—you must then apply one of the following methods to determine if the waste exhibits hazardous properties:

    • Calculation to determine if the threshold values based on hazard statement codes (which depend individually on HP 4 to HP 15 properties, see Annex 3 of the guidance) are met or exceeded by the substances present in the waste in question
    • Testing to determine whether or not the waste exhibits hazardous properties

    For example, take a mixture A containing 10% of an H315 product (causes skin irritation), 30% of an H412 product (harmful to aquatic life with long-lasting effects), and 60% water. The waste is not classified as HP4 "Irritant – skin irritation and eye damage" because at least 20% of H315 is required for this hazard property. However, it does fall under the HP14 "Ecotoxic" property because at least 25% of H412 is required for this classification. Therefore, it is indeed hazardous waste.

    An analysis of various legal precedents shows that judges penalize waste producers for assigning incorrect waste codes.

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    Waste classification regarding ICPE regulations

    Analyzing the impact of mixture A on the site's ICPE classification, it appears that given its hazard statements H315 and H412, and after consulting the ICPE nomenclature established by the Environmental Code (articles R. 511-9 to R. 511-12), it does not fall under any ICPE heading.

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    Waste classification regarding transport

    Finally, is mixture A subject to ADR regulations? In other words, does it fall under Class 9: "Miscellaneous dangerous substances and articles, environmentally hazardous"? Keep in mind that hazardous waste is not necessarily subject to ADR.

    Some food for thought can be found in the following articles:

    • Article 2.2.9.1.10.3.1 (definition of Class 9)

    Substances meeting the criteria for acute toxicity 1, chronic 1, or chronic 2, in accordance with table 2.2.9.1.10.3.1, are considered hazardous to the environment (aquatic environment).

    • Article 2.1.3.5.4

    If the hazard characteristics of the material fall under several classes or groups of materials not listed in 2.1.3.5.3 above, it must be classified using the same procedure, but the relevant class must be chosen based on the precedence of hazards table 2.1.3.10.

    • Article 2.1.3.5.5

    If the material to be transported is waste whose composition is not precisely known, its assignment to a UN number and packing group in accordance with 2.1.3.5.2 may be based on the consignor's knowledge of the waste, as well as all available technical and safety data, such as that required by current safety and environmental legislation. In case of doubt, the highest degree of danger must be chosen.

    There is therefore no direct link between the HP14 "Ecotoxic" property and ADR Class 9.

    Good luck solving the puzzle of waste classification !

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    Site objective Regulatory framework Classification method & key points Risks & precautions
    📦 Storage, traceability & treatment pathways EWC nomenclature
    (6-digit European Waste Catalogue code)     		• Assessment of the 15 hazard properties (HP4 to HP15) under the Waste Framework Directive.
    • For "mirror" codes (uncertainty between hazardous and non-hazardous), mandatory calculation of concentrations via safety data sheets, or laboratory testing.     		⚠️ Legal penalty: Case law imposes severe penalties on producers who assign an incorrect waste code.
    🏢 Assessing the site's ICPE status CLP Regulation
    & Heading 4000 of the ICPE nomenclature     		• A "chemical product"-oriented approach.
    • Volumes of stored waste are factored into the calculation of the "total quantity likely to be present" on site.
    • Determines whether the site crosses declaration, registration or authorisation thresholds.     		Certain hazardous waste (e.g. mild skin irritants) does not trigger any ICPE heading 4000.
    🚛 Shipping & road transport ADR regulations
    (hazard classes and UN numbers)     		• Determining which transport class(es) apply (e.g. Class 9 for environmental hazards).
    • If the exact composition of the waste is unknown, the consignor must rely on their technical knowledge.     		📌 Precautionary rule: Where composition is uncertain, ADR requires assuming the highest degree of hazard.