Commission Regulation (EU) No 715/2013Dangos y teitl llawn

Commission Regulation (EU) No 715/2013

of 25 July 2013

establishing criteria determining when copper scrap ceases to be waste under Directive 2008/98/EC of the European Parliament and of the Council

THE EUROPEAN COMMISSION,

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 repealing certain Directives(1) and in particular Article 6(2) thereof,

Whereas:

(1) It results from an evaluation of several waste streams that recycling markets for copper scrap would benefit from the development of specific criteria determining when copper scrap obtained from waste ceases to be waste. Those criteria should ensure a high level of environmental protection. They should be without prejudice to the classification of recovered copper scrap as waste by third countries.

(2) Reports of the Joint Research Centre of the European Commission have shown that a market and demand exist for copper scrap to be used as feedstock in the non-ferrous metal producing industry. Copper scrap should therefore be sufficiently pure and meet the relevant standards or specifications required by the non-ferrous metal producing industry.

(3) The criteria determining when copper scrap ceases to be waste should ensure that copper scrap resulting from a recovery operation meets the technical requirements of the non-ferrous metal producing industry, comply with existing legislation and standards applicable to products and do not lead to overall adverse environmental or human health impacts. Reports of the Joint Research Centre of the European Commission have shown that the proposed criteria on the waste used as input in the recovery operation, on the treatment processes and techniques, as well as on the copper scrap resulting from the recovery operation fulfil those objectives as they should result in the generation of copper scrap devoid of hazardous properties and sufficiently free of metals other than copper and non-metallic compounds.

(4) In order to ensure compliance with the criteria, it is appropriate to provide that information on copper scrap which has ceased to be waste is issued and that a management system is implemented.

(5) A review of the criteria may prove necessary if, on the basis of a monitoring for the development of market conditions for copper scrap, adverse effects on recycling markets for copper scrap are noted, in particular with regard to the availability of, and access to, such scrap.

(6) In order to allow operators to adapt to the criteria determining when copper scrap ceases to be waste, it is appropriate to provide for a reasonable period to elapse before this Regulation applies.

(7) The Committee established by Article 39 of Directive 2008/98/EC has not delivered an opinion on the measures provided for in this Regulation and the Commission therefore submitted a proposal relating to the measures to be taken to the Council and forwarded it to the European Parliament. The Council did not act within the 2-month period provided for by Article 5a of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(2), and the Commission therefore submitted the proposal to the European Parliament without delay. The European Parliament did not oppose the measure within 4 months from the abovementioned forwarding,

HAS ADOPTED THIS REGULATION:

Article 1 U.K. Subject matter

This Regulation establishes criteria determining when copper scrap ceases to be waste.

Article 2 U.K. Definitions

[F1 1.] For the purposes of this Regulation, the definitions set out in Directive 2008/98/EC shall apply.

In addition, the following definitions shall apply:

(1)

‘copper scrap’ means scrap metal which consists mainly of copper and copper alloys;

(1A)

[F2 “appropriate authority” means—

(i)

in relation to England, the Secretary of State;

(ii)

in relation to Wales, the Welsh Ministers;

(iii)

in relation to Scotland, the Scottish Ministers;

(iv)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(1B)

“competent authority” means—

(i)

in relation to England, the Environment Agency;

(ii)

in relation to Wales, the Natural Resources Body for Wales;

(iii)

in relation to Scotland, the Scottish Environment Protection Agency;

(iv)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(1C)

“EU-derived domestic legislation” has the meaning given by section 2(2) of the European Union (Withdrawal) Act 2018;

(1D)

“local authority” means—

(i)

in England outside Greater London—

• — a district council,

• — a county council, or

• — the Council of the Isles of Scilly;

(ii)

in Greater London—

• — the council of a London borough,

• — the Common Council of the City of London,

• — the Sub-Treasurer of the Inner Temple, or

• — the Under-Treasurer of the Middle Temple;

(iii)

in Wales—

• — a county council, or

• — a county borough council;

(iv)

in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(v)

in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972.]

(2)

‘holder’ means the natural or legal person who is in possession of copper scrap;

(3)

‘producer’ means the holder who transfers copper scrap to another holder for the first time as copper scrap which has ceased to be waste;

(4)

‘importer’ means any natural or legal person established within the [F3 United Kingdom] who introduces copper scrap which has ceased to be waste into the [F4 United Kingdom];

(5)

‘qualified staff’ means staff which is qualified by experience or training to monitor and assess the properties of copper scrap;

(6)

‘visual inspection’ means inspection of copper scrap covering all parts of a consignment and using human senses or any non-specialised equipment;

(7)

‘consignment’ means a batch of copper scrap which is intended for delivery from a producer to another holder and may be contained in either one or several transport units, such as containers.

Textual Amendments

F1 Art. 2 renumbered as Art. 2(1) (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Art. 2(1)(1A)-(1D) inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 2(1)(4) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(2)(b)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 2(1)(4) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(2)(b)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

[F5 Article 2A U.K. Modification of Directive 2008/98/EC of the European Parliament and of the Council

1. For the purposes of this Regulation, a reference to Directive 2008/98/EC is a reference to Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851, and read in accordance with this Article.

2. A reference to one or more member States in a provision imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the competent authority, appropriate authority or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion.

3. Article 2 is to be read as if—

(a) in paragraph 2—

(i) in the words before point (a), for “other Community legislation” there were substituted “ retained EU law ”;

(ii) in points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ”;

(iii) in point (d), as it extends to England and Wales, for the words from “Directive 2006/21/EC” to the end there were substituted “ the Mining Waste Directive ”;

(iv) for point (d), as it extends to Scotland, there were substituted—

“(d) extractive waste, which has the same meaning as in regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010.”;

(v) for point (d), as it extends to Northern Ireland, there were substituted—

“(d) extractive waste, which has the same meaning as in regulation 2(2) of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015.”;

(b) in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted;

(c) paragraph 4 were omitted.

4. Article 3(20) is to be read as if for “Article 2(11) of Directive 96/61/EC” there were substituted “ Article 3(10) of the Industrial Emissions Directive ”.

5. Article 5 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b) after paragraph 1 there were inserted—

“1A.

Any decision as to whether a substance or object is a by-product must be made—

(a) in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

(b) having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.”;

(c) paragraphs 2 and 3 were omitted.

6. Article 6 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b) after paragraph 1 there were inserted—

“1A.

Any decision as to whether a substance or object has ceased to be waste must be made—

(a) in accordance with any regulations or retained direct EU legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

(b) having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.”;

(c) in paragraph 2—

(i) the first subparagraph were omitted;

(ii) in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

(iii) the third and fourth subparagraphs were omitted;

(d) paragraph 3 were omitted;

(e) in paragraph 4—

(i) in the first subparagraph—

(aa) in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the competent authority”;

(bb) the second sentence were omitted;

(ii) in the second subparagraph—

(aa) for “Member States” there were substituted “The competent authority”;

(bb) “by competent authorities” were omitted.

7. Article 7 is to be read as if—

(a) before paragraph 1 there were inserted—

“A1.

In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in England, Wales, Scotland or Northern Ireland (as the case may be).”;

(b) in paragraph 1—

(i) the first and second sentences were omitted;

(ii) for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;

(c) paragraphs 2, 3, 6 and 7 were omitted.

8. Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

Textual Amendments

F5 Arts. 2A, 2B inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(3) (as amended by S.I. 2020/1540, regs. 1(3), 14(8)(a)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Article 2B U.K. Meaning of “the Mining Waste Directive” and “the Industrial Emissions Directive”

1. In Article 2A(3)(a)(iii), “the Mining Waste Directive” means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries, read in accordance with paragraphs 2 and 3.

2. Article 2 is to be read as if—

(a) in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC were a reference to that Article read in accordance with paragraph 7 of this Article;

(b) paragraphs 3 and 4 were omitted.

3. Article 3(1) is to be read as if, for “Article 1(a) of Directive 75/442/EEC” there were substituted “ Article 3(1) of Directive 2008/98/EC, as read with Articles 5 and 6 of that Directive ”.

4. In Article 2A(4), “the Industrial Emissions Directive” means Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control), read in accordance with paragraphs 5 and 6.

5. Article 3 is to be read as if—

(a) in point (1)(a), for the words from “Article 1” to the end there were substituted “ Article 4(78) of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation ”;

(b) in point (10)(b), for “Member State in question” there were substituted “ United Kingdom ”;

(c) in point (23), for the words from “point 1” to the end there were substituted “ point 1 of the second subparagraph of Article 2 of Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs ”;

(d) in point (37), for the words from “of the European” to the end there were substituted “ , read with Articles 5 and 6 of that Directive ”.

6. Annex 1 is to be read as if—

(a) in the words before point 1, the second paragraph were omitted;

(b) in point 5.3—

(i) in point (a), in the words before point (i), for “Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”;

(ii) in point (b), in the words before point (i), for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”;

(c) in point 5.4, the reference to Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste were a reference to the Landfill Directive;

(d) in point 6.9, for “Directive 2009/31/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2009/31/EC in respect of England and Wales ”;

(e) in point 6.11, for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”.

7. For the purposes of paragraph 2(a), Article 11(3)(j) of Directive 2000/60/EC is to be read as if—

(a) the reference to “Member States” were a reference to the competent authority or appropriate authority;

(b) in the words after the final indent, “environmental objectives”—

(i) in relation to the Northumbria River Basin District, means the environmental objectives referred to in the WFD Regulations as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003;

(ii) in relation to the Solway Tweed River Basin District, has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004;

(iii) in relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those Regulations.

8. In paragraph 6(c), “the Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, and read as if, in Article 2—

(a) in point (a) “‘waste’,” were omitted; and

(b) after point (a) there were inserted—

“(aa) “waste” means anything that—

(i) is waste within the meaning of Article 3(1) of Directive 2008/98/EC, as read with Articles 5 and 6 of that Directive, and

(ii) is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;”.

9. In paragraph 7(b), “the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.]

Textual Amendments

F5 Arts. 2A, 2B inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(3) (as amended by S.I. 2020/1540, regs. 1(3), 14(8)(a)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K. Criteria for copper scrap

Copper scrap shall cease to be waste where, upon transfer from the producer to another holder, all of the following conditions are fulfilled:

(1)

the copper scrap resulting from the recovery operation complies with the criteria set out in Section 1 of Annex I;

(2)

the waste used as input for the recovery operation complies with the criteria set out in Section 2 of Annex I;

(3)

the waste used as input for the recovery operation has been treated in accordance with the criteria set out in Section 3 of Annex I;

(4)

the producer has satisfied the requirements set out in Articles 4 and 5.

Article 4 U.K. Statement of conformity

1. The producer or the importer shall issue, for each consignment of copper scrap, a statement of conformity conforming to the model set out in Annex II.

2. The producer or the importer shall transmit the statement of conformity to the next holder of the copper scrap consignment. The producer or the importer shall retain a copy of the statement of conformity for at least 1 year after its date of issue and shall make it available to competent authorities upon request.

3. The statement of conformity may be in electronic form.

Article 5 U.K. Management system

1. The producer shall implement a management system suitable to demonstrate compliance with the criteria referred to in Article 3.

2. The management system shall include a set of documented procedures concerning each of the following aspects:

(a) monitoring of the quality of copper scrap resulting from the recovery operation as set out in Section 1 of Annex I (including sampling and analysis);

(b) effectiveness of radiation monitoring as set out in Section 1.5 of Annex I;

(c) acceptance control of waste used as input for the recovery operation as set out in Section 2 of Annex I;

(d) monitoring of the treatment processes and techniques described in Section 3.3 of Annex I;

(e) feedback from customers concerning compliance with copper scrap quality;

(f) record keeping of the results of monitoring conducted under points (a) to (d);

(g) review and improvement of the management system;

(h) training of staff.

3. The management system shall also prescribe the specific monitoring requirements set out in Annex I for each criterion.

4. Where any of the treatments referred to in Section 3.3 of Annex I is carried out by a prior holder, the producer shall ensure that the supplier implements a management system which complies with the requirements of this Article.

5. A conformity assessment body, as defined in Regulation (EC) No 765/2008 of the European Parliament and of the Council(3), which has obtained accreditation in accordance with that Regulation, F6 ... shall verify that the management system complies with the requirements of this Article. The verification shall be carried out every 3 years.

Only verifiers with the following scope of accreditation or licence based on the [F7 UK Standard Industrial Classification (SIC) by Economic Activity, issued under section 9 of the Statistics and Registration Service Act 2007, as updated from time to time]:

(a) [F8 UKSICEA] Code 38 (Waste collection, treatment and disposal activities; material recovery); or

(b) [F9 UKSICEA] Code 24 (Manufacture of basic metals) especially including the sub-code 24.44 (Copper production).

6. The importer shall require his suppliers to implement a management system which complies with the requirements of paragraphs 1, 2 and 3 and has been verified by an independent external verifier.

The management system of the supplier shall be certified by a conformity assessment body which is accredited by one of the following:

(a) an accreditation body successfully peer evaluated for this activity by the body recognised in Article 14 of Regulation (EC) No 765/2008;

F10 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Verifiers who want to operate in third countries must obtain a specific accreditation or licence, in accordance with the specifications laid down in Regulation (EC) No 765/2008 F11 ....

7. The producer shall give competent authorities access to the management system upon request.

Textual Amendments

F6 Words in Art. 5(5) omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 5(5) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(4)(a)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F8 Word in Art. 5(5)(a) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(4)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F9 Word in Art. 5(5)(b) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(4)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 5(6)(b) omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 5(6) omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F12 Article 6 U.K. Entry into force

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Art. 6 omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(6); 2020 c. 1, Sch. 5 para. 1(1)

[F13 Article 6A U.K. EU exit: transitional provision

1. Paragraph 3 applies to verification obtained in compliance with Article 5 as it had effect immediately before IP completion day.

2. Paragraph 3 also applies where—

(a) before IP completion day, a producer or supplier has submitted a management system to a conformity assessment body or an environmental verifier for verification in compliance with Article 5 as it had effect immediately before IP completion day, and

(b) after IP completion day, the producer or supplier obtains that verification.

3. Where this paragraph applies, the verification obtained is deemed to be verification for the purposes of Article 5.

4. In paragraph 2, “supplier” means the supplier of a producer or of an importer.]

Textual Amendments

F13 Art. 6A inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(5) (as amended by S.I. 2020/1540, regs. 1(3), 14(8)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F14 ...

Done at Brussels, 25 July 2013.

For the Commission

The President

José Manuel Barroso

Textual Amendments

F14 Words in Signature omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(7); 2020 c. 1, Sch. 5 para. 1(1)

ANNEX I U.K.

Criteria for copper scrap

a OJ L 159, 29.6.1996, p. 1.
b OJ L 226, 6.9.2000, p. 3.
c OJ L 158, 30.4.2004, p. 7.
d OJ L 37, 13.2.2003, p. 24.
e OJ L 269, 21.10.2000, p. 34.
Criteria	Self-monitoring requirements
Section 1.Quality of copper scrap resulting from the recovery operation
1.1. The scrap shall be graded according to a customer specification or an industry specification or a standard for direct use in the production of metal substances or objects by smelters, refiners, re-melters or other metals producers.	Qualified staff shall grade each consignment.
1.2. The total amount of foreign materials shall be < 2 % by weight; Foreign materials are: metals other than copper and copper alloys, non-metallic materials such as earth, dust, insulation and glass, combustible non-metallic materials such as rubber, plastic, fabric, wood and other chemical or organic substances, slag, dross, skimming, baghouse dust, grinder dust, sludge.	Qualified staff shall carry out visual inspection of each consignment. At appropriate intervals (at least every 6 months) representative samples of each grade of copper scrap shall be analysed to measure the total amount of foreign materials. The total amount of foreign materials shall be measured by weighing after separating copper/copper alloy metallic particles and objects from particles and objects consisting foreign materials by hand sorting or other means of separation (e.g. by magnet or based on the density). The appropriate frequencies of analysing representative samples shall be established taking into account the following factors: the expected pattern of variability (for example as shown by historical results), the inherent risk of variability in the quality of the waste used as input for the recovery operation and in the performance of the treatment process, the inherent precision of the monitoring method, and the proximity of results to the limit values for the total amount of foreign materials. The process of determining monitoring frequencies should be documented as part of the management system and should be available for auditing.
1.3. The scrap shall not contain excessive metal oxide in any form, except for typical amounts arising from outside storage of prepared scrap under normal atmospheric conditions.	Qualified staff shall carry out a visual inspection of each consignment.
1.4. The scrap shall be free of visible oil, oily emulsions, lubricants or grease except negligible amounts that will not lead to any dripping.	Qualified staff shall carry out a visual inspection of each consignment, paying particular attention to those parts where oil is most likely to drip.
1.5. There is no need for response action according to national or international rules on monitoring and response procedures for radioactive scrap metal. F15 ...	Qualified staff shall monitor the radioactivity of each consignment. Each consignment of scrap shall be accompanied by a certificate established in accordance with national or international rules on monitoring and response procedures for radioactive scrap metal. The certificate may be included in other documentation accompanying the consignment.
1.6. The scrap shall not display any of the hazardous properties listed in Annex III to Directive 2008/98/EC of the European Parliament and the Council. The scrap shall comply with the concentration limits laid down in Commission Decision 2000/532/ECb and not exceed the concentration limits laid down in Annex IV to Regulation (EC) No 850/2004 of the European Parliament and the Councilc. Properties of alloy metals included in copper alloys are not relevant for this requirement.	Qualified staff shall investigate each consignment by visual inspection. Where visual inspection raises any suspicious of possible hazardous properties, further appropriate monitoring measures shall be taken, such as sampling and testing where appropriate. The staff shall be trained on potential hazardous properties that may be associated with copper scrap and on material components or features that allow recognising the hazardous properties. The procedure of recognising hazardous materials shall be documented under the management system.
1.7. The scrap does not contain any pressurised, closed or insufficiently open containers that could cause explosions in a metal work furnace.	Qualified staff shall investigate each consignment by visual inspection.
1.8. The scrap shall not contain PVC in form of coatings, paints, or residual plastics.	Qualified staff shall investigate each consignment by visual inspection.
Section 2.Waste used as input for the recovery operation
2.1. Only waste that contained recoverable copper or copper alloys may be used as input. 2.2. Hazardous waste shall not be used as an input except where proof is provided that the processes and techniques specified under ‘criteria on treatment and techniques’ to remove all hazardous properties have been applied. 2.3. The following wastes shall not be used as an input: filings and turnings that contain fluids such as oil or oily emulsions, and barrels and containers, except equipment from end-of-life vehicles, which contain or have contained oil or paints.	Acceptance control of all waste received (by visual inspection) and of the accompanying documentation shall be carried out by qualified staff which is trained on how to recognise waste that does not fulfil the criteria set out in this section.
Setion 3.Treatment processes and techniques
3.1. The copper scrap shall have been segregated at source or while collecting or the input wastes shall have been treated to separate the copper scrap from the non-metal and non-copper metal components. The copper scrap resulting from these operations shall be kept separate from any other waste. 3.2. All mechanical treatments (like cutting, shearing, shredding or granulating; sorting, separation, cleaning, de-polluting, emptying) needed to prepare the metal scrap for direct input into final use shall have been completed. 3.3. For waste containing hazardous components the following specific requirements shall apply: input materials that originate from waste electrical or electronic equipment or from end-of-life vehicles shall have undergone all treatments required by [F16 the EU-derived domestic legislation that transposed Article 6 of Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles, as last amended by Commission Delegated Directive (EU) 2020/363, and Article 8 of Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE), as last amended by Directive (EU) 2018/849], chlorofluorocarbons in discarded equipment shall have been captured in a process approved by the competent authorities, cables shall have been chopped or stripped. If a cable contains organic coatings (plastics), the organic coatings shall have been removed in accordance with best available techniques, barrels and containers shall have been emptied and cleaned, hazardous substances in waste not mentioned in point (1) shall have been efficiently removed in a process which is approved by the competent authority.

Textual Amendments

F15 Words in Annex 1 Table Section 1.5 omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Annex 1 Table Section.3.3 substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(8)(b) (as amended by S.I. 2020/1540, regs. 1(3), 14(8)(d)); 2020 c. 1, Sch. 5 para. 1(1)

ANNEX II U.K.

Statement of Conformity with the end-of-waste criteria referred to in Article 4(1)

1.	Producer/importer of the copper scrap: Name: Address: Contact person: Tel. Fax E-mail:
2.	(a) Name or code of the scrap metal category, in accordance with an industry specification or standard: (b) Where relevant, main technical provisions of a customer specification, such as composition, size, type and properties:
3.	The scrap metal consignment complies with the industry specification or standard referred to in point 2(a) or with the customer specification to in point 2(b).
4.	Quantity of the consignment in kg:
5.	A radioactivity test certificate has been established in accordance with national or international rules on monitoring and response procedures for radioactive scrap metal.
6.	The producer of scrap metal applies a management system complying with the requiremets of Commission Regulation (EU) No 715/2013, which has been verified by an accredited conformity assessment body or by an environmental verifier or, where scrap metal which has ceased to be waste is imported into the [F17 United Kingdom], by an independent external verifier.
7.	The scrap metal consignment meets the criteria referred to in paragraphs 1 to 3 of Article 3 of Regulation (EU) No 715/2013.
8.	Declaration of the producer/importer of scrap metal: I certify that the above information is complete and correct to the best of my knowledge: Name: Date: Signature:

Textual Amendments

F17 Words in Annex 2 Table substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(9); 2020 c. 1, Sch. 5 para. 1(1)

(1)

OJ L 312, 22.11.2008, p. 3.

(2)

OJ L 184, 17.7.1999, p. 23.

(3)

OJ L 218, 13.8.2008, p. 30.