What is it?

Hazardous waste is waste that has one or more hazardous properties and may therefore pose a risk to people’s health or the environment if it is not managed properly.

The hazardous nature of waste does not depend solely on whether it contains hazardous substances. Its classification must be carried out in accordance with the European List of Waste (LoW) and the criteria established by waste legislation for determining its hazardous properties. Law 7/2022 establishes that waste identification and classification are carried out in accordance with Decision 2014/955/EU and, where necessary, the hazardous-property criteria set out in its Annex I.

The management of hazardous waste can create risks for workers who handle, store or transport it or who are involved in its treatment. These risks may include exposure to chemical agents, skin or eye contact, inhalation of vapours, gases, dust or aerosols, fires, explosions, incompatible reactions or spills.

Hazardous waste management must therefore be addressed jointly from the perspectives of environmental protection and occupational health and safety.

What should be done?

Companies must identify the waste they generate and ensure that it is managed in accordance with current legislation.

From a prevention perspective, it is important:

1. Know what hazardous waste is generated, in what quantities, where it is generated and what hazardous properties it has.
2. Include tasks related to the generation, handling, storage and management of hazardous waste in the occupational risk assessment where they may pose risks to workers.
3. Prevent or reduce waste generation at source and, where possible, replace hazardous substances, products or processes with less hazardous alternatives.
4. Keep waste separated according to its characteristics and avoid mixtures that could increase risks or make treatment more difficult.
5. Have a designated and clearly identified area for waste storage. Hazardous waste must be protected from the elements and provided with appropriate spill-containment systems.
6. Respect the maximum storage period at the place of production: six months, unless the competent authority of the autonomous community exceptionally authorises an extension of up to a further six months.
7. Use containers and packaging that are suitable and compatible with the waste they contain.
8. Clearly, visibly, legibly and indelibly label containers. Among other information, the label must include the waste code and description, its hazardous properties, identification of the waste producer or holder and the date on which storage began.
9. Keep the instructions and information necessary to carry out handling operations safely readily available.
10. Provide workers with specific information and training on the risks associated with the waste they handle and on preventive and emergency measures.
11. Establish procedures for dealing with spills, leaks, fires and other accidental situations.
12. Hand waste over to an authorised natural or legal person managing waste and ensure proper traceability.
13. Keep the documentation and records required by waste legislation.

Where waste has to be transported, ensure that the movement complies with the applicable legislation and that the required documentation is available. Royal Decree 553/2020 establishes, among other requirements, the treatment contract and identification document; certain movements of hazardous waste are also subject to prior notification.

Waste prevention and minimisation

The first priority should be to prevent waste from being generated. Where this is not possible, reducing its hazardousness and quantity should be prioritised, followed by preparation for reuse, recycling and other forms of recovery, rather than disposal.

Workers’ representatives can therefore:

1. Request information on the hazardous waste generated and on measures adopted to prevent it.
2. Propose changes to processes, products or substances that can reduce the generation of hazardous waste.
3. Promote the substitution of hazardous substances with less hazardous alternatives.
4. Participate in identifying risks associated with internal waste-management operations.
5. Request specific information and training on waste collection, segregation, storage and handling procedures.

The PEMAR 2025–2035, approved by the Spanish Government in December 2025, is currently the main national planning instrument for guiding waste-management policy in Spain. It reinforces prevention, separate collection and management options higher up the waste hierarchy.

Classification

Waste is classified as hazardous in accordance with the European List of Waste (LoW) established by Decision 2000/532/EC, as amended by Decision 2014/955/EU, and the hazardous-property criteria established in European and Spanish legislation.

Law 7/2022 establishes that, where a code in the European List of Waste identifies waste as hazardous, that classification is binding. Where its hazardous properties need to be determined, the criteria set out in Annex I to the Law must be applied.

Hazardous properties are identified using codes HP1 to HP15, including:

1. HP1 Explosive
2. HP2 Oxidising
3. HP3 Flammable
4. HP4 Irritant — skin irritation and eye damage
5. HP5 Specific Target Organ Toxicity (STOT)/Aspiration Toxicity
6. HP6 Acute Toxicity
7. HP7 Carcinogenic
8. HP8 Corrosive
9. HP9 Infectious
10. HP10 Toxic for Reproduction
11. HP11 Mutagenic
12. HP12 Release of an acute toxic gas
13. HP13 Sensitising
14. HP14 Ecotoxic
15. HP15 Waste capable of exhibiting one or more of the above hazardous properties that the original waste did not directly display

The determination of certain hazardous properties is linked to the classification criteria for substances and mixtures established in Regulation (EC) No 1272/2008 (CLP). This Regulation remains in force and its consolidated version is updated periodically.

The hazardous property HP14 (Ecotoxic) is regulated by Regulation (EU) 2017/997, which amended Annex III to Directive 2008/98/EC.

Storage and labelling

Hazardous waste must be stored under conditions that prevent risks to people and the environment.

The storage area must be properly identified and meet the necessary safety requirements. Hazardous waste must be protected from the elements and provided with suitable containment systems to prevent leaks or spills from reaching soil or water.

Containers must remain closed when it is not necessary for them to be open and must be suitable for the type of waste stored. Incompatible wastes must not be mixed.

Containers holding hazardous waste must be correctly labelled. The label must make it possible to identify the waste, determine its hazardous properties and access the information necessary for safe management.

These measures also help prevent workers’ exposure, particularly during handling, transfer, collection and storage operations.

Transport and external management

Hazardous waste must be handed over to an entity or company that is legally authorised to carry out the relevant collection, transport and treatment operations.

Waste movements within Spain are regulated by Royal Decree 553/2020, which establishes requirements concerning traceability, the treatment contract and the identification document. Hazardous waste intended for disposal and certain hazardous waste intended for recovery are subject to the prior-notification procedure.

Disposal by landfill is also subject to the requirements established by Royal Decree 646/2020. Landfills are classified as landfills for hazardous, non-hazardous or inert waste, with specific acceptance criteria and requirements for prior treatment.

Hazardous waste and occupational health

Hazardous waste management can be a source of exposure to chemical agents and other hazards. Environmental management measures must therefore be complemented by occupational health and safety measures.

Risk assessments should pay particular attention to tasks that may result in exposure, such as:

1. collection and segregation;
2. transfer and conditioning;
3. opening or emptying containers;
4. cleaning containers and contaminated areas;
5. maintenance of installations;
6. responding to spills;
7. loading and unloading;
8. storage;
9. transport and treatment.

P

reventive measures should prioritise eliminating or reducing risks at source and using collective protective measures rather than relying on individual measures. Where exposure to chemical agents occurs, the specific applicable occupational health and safety provisions must be applied.

The INSST provides technical documentation on waste management and associated occupational risks, including NTP 1054: Waste management: classification and treatment, which updates NTP 675 and addresses waste classification and risks associated with waste-management activities.

Guides and reference publications

1. MITECO. Technical Guide for Waste Classification. Technical reference document for applying the criteria for classifying hazardous waste.
2. MITECO. State Framework Plan for Waste Management (PEMAR) 2025–2035. Current national planning instrument for waste management.
3. INSST. NTP 1054: Waste management: classification and treatment.
4. INSST. NTP 480: Management of hazardous waste in university and research laboratories, for specific aspects relating to the management of small quantities of waste in laboratories.

Legislation

1. Law 7/2022 of 8 April on waste and contaminated soils for a circular economy The main current national legislation on waste.
2. Commission Decision 2014/955/EU of 18 December 2014, amending Decision 2000/532/EC on the list of waste.
3. Regulation (EC) No 1272/2008 (CLP) on the classification, labelling and packaging of substances and mixtures, in its current version.
4. Regulation (EU) 2017/997, concerning the hazardous property HP14 “Ecotoxic”.
5. Royal Decree 553/2020 of 2 June, regulating waste shipments within Spain.
6. Royal Decree 646/2020 of 7 July, regulating the disposal of waste by landfill.
7. Royal Decree 1055/2022 of 27 December, on packaging and packaging waste, where applicable to packaging waste.
8. Royal Decree 679/2006 of 2 June, regulating the management of used industrial oils, for this specific waste stream.
9. Royal Decree 110/2015 of 20 February, on waste electrical and electronic equipment, where applicable to this specific waste stream.
10. Royal Decree 105/2008 of 1 February, regulating the production and management of construction and demolition waste, where applicable to this type of waste.

References

List: Hazardous waste

Main sources: Law 7/2022; Decision 2014/955/EU; CLP Regulation; Regulation (EU) 2017/997; Royal Decree 553/2020; Royal Decree 646/2020; PEMAR 2025–2035.

Technical sources: MITECO and INSST.

Last reviewed: August 2026.