Annexes to COM(2012)787 - Criteria determining when copper scrap ceases to be waste under Directive 2008/98/EC

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dossier COM(2012)787 - Criteria determining when copper scrap ceases to be waste under Directive 2008/98/EC.
document COM(2012)787 EN
date January  7, 2013
ANNEX I

Criteria for copper scrap

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: (a) metals other than copper and copper alloys; (b) non-metallic materials such as earth, dust, insulation and glass; (c) combustible non-metallic materials such as rubber, plastic, fabric, wood and other chemical or organic substances; (d) 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: (a) the expected pattern of variability (for example as shown by historical results); (b) 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; (c) the inherent precision of the monitoring method; and (d) the proximity of results to the limit values for the total amount of foreign materials. The process of determining monitoring frequencies shall be documented as part of the management system and shall 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. This requirement is without prejudice to the legislation on the health protection of workers and members of the public adopted in Chapter III of the Euratom Treaty, in particular Council Directive 96/29/Euratom. || 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/EC[6] and not exceed the concentration limits laid down in Annex IV to Regulation (EC) No 850/2004 of the European Parliament and the Council[7]. 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: (a) filings and turnings that contain fluids such as oil or oily emulsions and (b) 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: (a) Input materials that originate from waste electrical or electronic equipment or from end-of-life vehicles shall have undergone all treatments required by Article 6 of Directive 2002/96/EC[8] of the European Parliament and of the Council and by Article 6 of Directive 2000/53/EC[9] of the European Parliament and of the Council; (b) Chlorofluorocarbons in discarded equipment shall have been captured in a process approved by the competent authorities; (c) 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; (d) Barrels and containers shall have been emptied and cleaned; (e) Hazardous substances in waste not mentioned in point (1) shall have been efficiently removed in a process which is approved by the competent authority. ||

Annex II

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 Regulation (EU) No…[will be inserted once this regulation adopted], 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 customs territory of the Union, by an independent external verifier.

7. || The scrap metal consignment meets the criteria referred to in Article 3(1), (2) and (3) of Regulation (EU) No…[will be inserted once this regulation adopted].

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:

[1]               OJ L 312, 22.11.2008, p. 3.

[2]               OJ L 218, 13.8.2008, p. 30.

[3]               OJ L 342, 22.12.2009, p. 1

[4]               OJ L 393, 30.12.2006, p. 1.

[5]               OJ L 330, 14.12.2011, p. 25.

[6]               OJ L 226, 6.9.2000, p. 3.

[7]               OJ L 158, 30.4.2004, p. 7.

[8]               OJ L 37, 13.02.2003, p.24.

[9]               OJ L 269, 21.10.2000, p.34.