European End of Waste Law
When scrap metal ceases to be considered waste
COUNCIL REGULATION (EU) N. 333/2011
of 31 March 2011
laying down the criteria for determining when certain types of metal scrap cease to be considered waste pursuant to Directive 2008/98 / EC of the European Parliament and of the Council
THE COUNCIL OF THE EUROPEAN UNION,
having regard to the Treaty on the Functioning of the European Union,
having regard to Directive 2008/98 / EC of the European Parliament and of the Council of 19 November 2008 on waste and which repeals some directives (1), in particular Article 6 (2),
having regard to the proposal from the European Commission,
after transmission to the European Parliament of the proposed provisions,
considering the following:
(1) | Evaluation of various waste streams shows that scrap metal recycling markets would benefit from the introduction of specific criteria to determine when scrap metal obtained from waste ceases to be waste. Those criteria should ensure a high level of environmental protection and are without prejudice to the classification of scrap metal as waste adopted by third countries. |
(2) | Reports from the Joint Research Center of the European Commission indicate the existence of a market and demand for scrap iron, steel and aluminum intended for use as raw materials in steel mills, foundries and aluminum refineries for the production of metals. Iron, steel and aluminum scrap should therefore be sufficiently pure and meet the relevant standards or specifications required by the metallurgical industry. |
(3) | The criteria for determining when certain types of scrap metal cease to be considered waste must ensure that the iron, steel and aluminum scrap obtained through a recovery operation meets the technical requirements of the metallurgical industry, complies with current legislation and standards applicable to products and do not have a general negative impact on the environment or human health. From the reports of the Joint Research Center of the European Commission it appears that the criteria proposed to define the waste used as material in the recovery operation, the treatment processes and techniques, as well as the metal scrap obtained from recovery, meet the aforementioned objectives since they should create the conditions for the production of iron, steel and aluminum scrap free from hazardous properties and sufficiently free from non-metallic compounds. |
(4) | To ensure compliance with the criteria, provision should be made for the publication of information on scrap metal which has ceased to be waste and the establishment of a quality management system. |
(5) | The criteria may need to be revised if, when monitoring the evolution of the iron and steel scrap market and aluminum scrap, negative effects are observed on the recycling markets, in particular a decrease in the availability of these materials and difficulties in accessing them. . |
(6) | In order to allow operators to comply with the criteria that determine when scrap metal ceases to be waste, an appropriate period of time should be allowed for this Regulation to become applicable. |
(7) | The committee set up by Article 39 (1) of Directive 2008/98 / EC has not delivered any opinion on the measures provided for in this Regulation and the Commission therefore submitted to the Council a proposal relating to those measures and forwarded it to the European Parliament. |
(8) | The European Parliament did not oppose the proposed provisions, |
HAS ADOPTED THIS REGULATION:
Article 1
Subject
This Regulation establishes the criteria for determining when ferrous, steel and aluminum scrap, including aluminum alloy scrap, ceases to be waste.
Article 2
Definitions
For the purposes of this Regulation, the definitions set out in Directive 2008/98 / EC apply.
In addition, the following definitions apply; we mean by:
a)
'Iron and steel scrap' means metal scrap consisting mainly of iron and steel;
b)
'Aluminum scrap' means metal scrap consisting mainly of aluminum and aluminum alloys;
c)
"Holder" means the natural or legal person who is in possession of the scrap metal;
d)
'Producer' means the holder who transfers scrap metal which for the first time has ceased to be waste to another holder;
e)
'Importer' means any natural or legal person established in the Union who introduces scrap metal which has ceased to be waste into the customs territory of the Union;
f)
"Qualified personnel", personnel who, through experience or training, have the skills to check and evaluate the characteristics of metal scrap;
g)
'Visual inspection' means the inspection of scrap metal which affects all parts of a consignment and uses human sensory skills or any non-specialized equipment;
h)
'Batch' means a batch of scrap metal intended to be shipped from one manufacturer to another holder and which may be contained in one or more transport units, eg containers.
Article 3
Criteria for scrap iron and steel
Scrap iron and steel cease to be considered waste when all of the following conditions are met at the time of transfer from the producer to another holder:
a) | the waste used as input for the recovery operation meets the criteria set out in point 2 of Annex I; |
b) | the waste used as input for the recovery operation has been treated in accordance with the criteria set out in point 3 of Annex I; |
c) | the iron and steel scrap resulting from the recovery operation meets the criteria set out in point 1 of Annex I; |
d) | the manufacturer has complied with the requirements of Articles 5 and 6. |
Article 4
Criteria for aluminum scrap
Aluminum scrap, including aluminum alloy scrap, ceases to be waste when all of the following conditions are met at the time of transfer from the producer to another holder:
a) | the waste used as input for the recovery operation meets the criteria set out in point 2 of Annex II; |
b) | the waste used as input for the recovery operation has been treated in accordance with the criteria set out in point 3 of Annex II; |
c) | the aluminum scrap resulting from the recovery operation fulfills the criteria set out in point 1 of Annex II; |
d) | the manufacturer has complied with the requirements of Articles 5 and 6. |
Article 5
Declaration of conformity
1. The producer or importer shall draw up, for each consignment of scrap metal, a declaration of conformity on the basis of the model set out in Annex III.
2. The producer or importer shall forward the declaration of conformity to the subsequent holder of the batch of scrap metal. The manufacturer or importer keeps a copy of the declaration of conformity for at least one year from the date of issue, making it available to the competent authorities who request it.
3. The declaration of conformity can be drawn up in electronic format.
Article 6
Quality management
1. The manufacturer applies a quality management system to demonstrate compliance with the criteria set out in Articles 3 and 4, respectively.
2. This system provides for a series of documented procedures concerning each of the following aspects:
a) | acceptance control of waste used as material for the recovery operation referred to in point 2 of Annexes I and II; |
b) | monitoring of the treatment processes and techniques referred to in point 3.3 of Annexes I and II; |
c) | monitoring of the quality of the scrap metal obtained from the recovery operation referred to in point 1 of Annexes I and II (which also includes sampling and analysis); |
d) | effectiveness of the radiation monitoring referred to in point 1.5 of Annexes I and II, respectively; |
e) | customer comments on the quality of scrap metal; |
f) | recording of the results of the checks carried out in accordance with letters a) to d); |
g) | review and improvement of the quality management system; |
h) | staff training. |
3. The quality management system also provides for the specific monitoring obligations indicated, for each criterion, in Annexes I and II.
4. If one of the treatments referred to in point 3.3 of Annex I or point 3.3 of Annex II is carried out by a previous keeper, the manufacturer shall ensure that the supplier applies a quality management system in accordance with the provisions of this Article. .
5. A body responsible for assessing the conformity referred to in Regulation (EC) no. 765/2008 of the European Parliament and of the Council, of 9 July 2008, which lays down rules on accreditation and market surveillance as regards the marketing of products (2), which has been recognized pursuant to this regulation, or any other environmental verifier referred to in Article 2, paragraph 20, letter b), of Regulation (EC) no. 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation of organizations in a Community eco-management and audit scheme (EMAS) (3) ensures that the quality management system complies with the provisions of this article. This assessment is carried out every three years.
6. The importer requires that his suppliers apply a quality management system which complies with paragraphs 1, 2 and 3 of this Article and has been audited by an independent external verifier.
7. The manufacturer grants access to the quality management system to competent authorities upon request.
Article 7
Entry into force
This regulation enters into force on the twentieth day following its publication in the Official Journal of the European Union.
It applies from 9 October 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 March 2011.
