No L 356/14 Official Journal of the European Communities 31. 12, 94 COUNCIL DECISION of 22 December 1994 establishing a list of hazardous waste pursuant to Article 1 (4) of Council Direc- tive 91/689/EEC on hazardous waste ' (94/904/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (*), and in parti- cular Article 1 (4) thereof, Whereas, in accordance with Article 1 (4) of Directive 91/689/EEC, a list of hazardous waste on the basis of Annexes I and II to that Directive and on the knowledge that the waste displays one or more of the properties of Annex III to the said Directive has to be established ; Whereas Member States may make provisions, in excep- tional cases, to determine, on the basis of documentary evidence provided in an appropriate way by the holder, that a specific waste on the list does not display any of the properties listed in Annex III to Directive 91/689/EEC; Whereas the list will be periodically reviewed and, if necessary, revised in accordance with the procedure laid down in Article 18 of Concil Directive 75/442/EEC of 15 July 1975 on waste (3, HAS ADOPTED THIS DECISION : Article 1 The list of hazardous waste annexed to this Decision is hereby adopted. () OJ No L 377, 31. 12. 1991, p. 20. Directive as last amended by Directive 94/31/EC (O] No L 168, 2. 7. 1994, p. 28). (® OJ No L 194, 25. 7. 1975, p. 39. Directive as last amended by Directive 91/692/EEC (O] No L 377, 31. 12. 1991, p. 48). These wastes are considered to display one or more of the properties of Annex III to Directive 91/689/EEC and, as regards H3 to H8 of the said Annex, one or more of the following : — flash point < 55°C, — one or more substanbces classified as very toxic at a total concentration = 0,1 %, — one or more substances classified as toxic at a total concentration = 3 %, — one or more substances classified as harmful at a total concentration = 25 %, — one or more corrosive substances classified as R35 at a total concentration = 1 %, — one or more corrosive substances classified as R34 at a total concentration = 5 %, — one or more irritant substances classified as R41 at a total concentration > 10 %, — one or more irritant substances classified as R36, R37, R38 at a total concentration = 20 %, — one or more substances known to be carcinogenic (categories 1 or 2) at a total concentration > 0,1 %. Article 2 This Decision is addressed to the Member States. Done at Brussels, 22 December 1994. For the Council The President H. SEEHOFER