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dossier	COM(2012)787 - Criteria determining when copper scrap ceases to be waste under Directive 2008/98/EC.
source	COM(2012)787
date	07-01-2013

Pursuant to Article 6 i of Directive 2008/98/EC on waste certain specified waste shall cease to be waste when it has undergone a recovery operation and complies with specific criteria to be developed in line with the legal conditions laid down in this provision. In accordance with Article 6 i of this directive such criteria should be set for specific materials by the Commission and be adopted in the regulatory procedure with scrutiny referred to in Article 39 i of the directive.

Accordingly, the Commission submitted a draft Regulation for vote in the Committee established under Article 39 of the directive. The Committee did not give a favourable opinion on the draft Regulation in its meeting on 9 July 2012 mainly due to a high number of abstentions (109). The chief concern raised by some Member States was that the quality criterion of less than 2% of total amount of foreign materials in copper scrap resulting from the recovery operation was too stringent. The Commission took note of this; however it maintains and refers the same legal proposal to the Council on the basis of the Joint Research Centre's (JRC) technical report which, in consultation with stakeholders, concluded that 2% represents a safe environmental limit value on foreign materials for copper scrap to cease to be waste in line with condition d) in Article 6.1 of Directive 2008/98/EC.

Thus, in accordance with the procedure set out in Article 5(a) of Decision 1999/468/EC a Proposal for a Council Regulation is submitted to Council and forwarded to the European Parliament.