Official guide and its date
The Guía técnica para la clasificación de los residuos (November 2021) was published by the Spanish Ministry for the Ecological Transition and the Demographic Challenge (MITECO). It is a technical guidance document, not a replacement for binding legislation.
Read the original MITECO technical guide (PDF, Spanish) or the official government publication record. This page describes the 2021 edition while identifying later legislation relevant to current practice.
A sequential approach to waste classification
The guide recommends a documented process: establish whether the material is waste, identify its source and applicable entry in the European List of Waste (EWC/LoW; LER in Spanish), determine its composition, evaluate the relevant hazardous properties, assess substances subject to persistent organic pollutant restrictions where necessary and record the final classification.
For difficult mixtures, suitable sampling, analysis and available information on the process and substances may be necessary. A waste code should not be assigned solely from the trade name or an incomplete safety data sheet.
Hazardous properties HP 1 to HP 15 and mirror entries
The properties HP 1 to HP 15 cover explosive, oxidising, flammable, irritating, toxic, corrosive, ecotoxic and other hazardous characteristics. Entries known as mirror entries require assessment of the hazardous substances and criteria used to distinguish the hazardous and non-hazardous entries.
The European Commission's 2018 notice on technical guidance on the classification of waste is an important companion source. In Spain, Article 6 and Annex I of Law 7/2022 on waste and contaminated soil set out the applicable national framework following publication of the 2021 guide.
Waste classification is not the same as ADR classification
A waste identified as hazardous under waste legislation does not automatically fall under ADR; conversely, an item of waste may meet ADR dangerous goods criteria even when a particular waste-code label is not sufficient to describe the transport hazard.
For transport, separately identify the applicable ADR class, UN number, proper shipping name, packing group (if assigned), packaging, marks, labels and transport documentation. Evaluate any relevant waste-specific provisions, possible exemptions and the roles of consignor, packer, loader and carrier.
Practical classification record
Document the production process, physical form, likely constituents, laboratory results and assumptions, selected EWC code, hazard-property assessment, and evidence supporting the decision. Retain the results in a form that can be reviewed when the process or composition changes.
DGSA can support the dangerous goods transport assessment and coordinate it with the separate waste-classification and shipping-document requirements.
Discuss your operation in Spain
For help with dangerous goods classification, safety adviser duties, documentation, tank or package requirements and staff training, please contact us with the goods, quantities, transport modes and activities involved.