EN    EN EN  
EN    EN  EUROPEAN COMMISSION 
Brussels, xxx 
C(20..) yyy final 
  
Draft 
COMMISSION REGULATION (EU) No …/.. 
of […] 
establishing criteria determining when certai n types of scrap metal cease to be waste 
under Directive 2008/98/EC of the European Parliament and of the Council  
EN 2   EN Draft 
COMMISSION REGULATION (EC) No …/.. 
of  
establishing criteria determining when certai n types of scrap metal cease 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 Eu ropean Parliament and of the Council of 19 
November 2008 on waste and re pealing 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 scrap 
metal would benefit from the development of  specific criteria determining when scrap 
metal obtained from waste ceases to be wa ste. Those criteria should ensure a high 
level of environmental protection.  
(2) Reports of the Joint Research Centre of the European Commission have shown that a 
market and demand exist for iron, steel and alum inium scrap to be used as feedstock in 
steel works, foundries, aluminium refiners and remelters for the production of metals. 
Iron, steel and aluminium scrap should ther efore be sufficiently pure and meet the 
relevant scrap standards or  specifications required by the metal producing industry. 
(3) The criteria determining when iron, steel and aluminium scrap cease to be waste 
should ensure that iron, steel  and aluminium scrap resulti ng from a recovery operation 
meet the technical requirements of the me tal producing industry, comply with existing 
legislation and standards appl icable to products and do no t 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 operat ion, on the treatment processes and techniques, as well as 
on the scrap metal resulting from the recovery  operation fulfil thos e objectives as they 
should result in the production of iron, st eel and aluminium scrap devoid of hazardous 
properties and sufficiently fr ee of non-metallic compounds.  
(4) In order to ensure compliance with the criteria, it is appropriate to provide that 
information on scrap metal which has ceased to  be waste is issued and that a quality 
management system is implemented. 
                                                
 
1 OJ L 312, 22.11.2008, p. 3.  
EN 3   EN (5) A review of the criteria may prove necessa ry if, on the basis of a monitoring of the 
development of market conditions for iron and steel and aluminium scrap,  adverse 
effects on recycling markets for iron and st eel scrap and aluminiu m scrap are noted, in 
particular with regard to the availa bility of, and access to, such scrap. 
(6) In the interest of coordi nated application, this Regul ation should apply the day 
following the expiry of the deadline fo r implementation of Directive 2008/98/EC. 
(7) The measures provided for in this Regulati on are in accordance with the opinion of the 
Committee established by Article  39 of Directive 2008/98/EC, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Subject matter 
This Regulation establishes criteria determ ining when iron, steel and aluminium scrap, 
including aluminium alloy scrap, cease to be waste. 
Article 2 
Definitions 
For the purposes of this Regulation, the defini tions set out in Dire ctive 2008/98/EC shall 
apply . 
In addition, the following definitions shall apply: 
(1) "holder" means the natural or legal pe rson who is in possession of scrap metal; 
(2) "producer" means the holder who transfers scrap metal to another holder for the first 
time as scrap metal which has ceased to be waste; 
(3) "importer" means any natural or legal person established within the Union who 
introduces scrap metal which has ceased to be  waste into the customs territory of the 
Union. 
Article 3 
Criteria for iron and steel scrap 
Iron and steel scrap shall cease to be waste where, upon transfer  from the producer to another 
holder, all of the following conditions are fulfilled: 
(1) the waste used as input for the recovery operation complies with th e criteria set out in 
Section 2 of Annex I; 
(2) the waste used as input for the recove ry operation has been treated in accordance 
with the criteria set out in Section 3 of Annex I;   
EN 4   EN (3) the iron and steel scrap re sulting from the recovery operation complies with the 
criteria set out in Section 1 of Annex I; 
(4) the producer has satisfied the requir ements set out in Articles 5 and 6.  
Article 4  
Criteria for aluminium scrap 
Aluminium scrap, including aluminium alloy scrap, shall cease to be waste where, upon 
transfer from the producer to another holder, all of the following conditions are fulfilled: 
(1) the waste used as input in the recovery operation complies with the criteria set out in 
Section 2 of Annex II; 
(2) the waste used as input in the recovery operation has been treated in accordance with 
the criteria set out in Se ction 3 of Annex II;  
(3) the aluminium scrap resulting from the r ecovery operation complies with the criteria 
set out in Section 1 of Annex II; 
(4) the producer has satisfied the requir ements set out in Articles 5 and 6. 
Article 5 
Statement of conformity 
1. The producer or the importer shall issue, for each consignment of scrap metal, a 
statement of conformity containing the following information:  
(a) the name or code of the scrap meta l category in accordance with an industry 
specification or standard; 
(b) where reference is made to a cust omer specification, the main technical 
provisions of that specification; 
(c) a declaration of compliance with the industry specification or  standard referred 
to in point (a) or with the customer specification referred to in point (b); 
(d) a radioactivity test certificate es tablished in accordan ce with national or 
international rules on monitoring and re sponse procedures fo r radioactive scrap 
metal;  
(e) the name and address of the independen t expert referred to in Article 6(4);  
(f) a statement certifying that the criteria referred to in Articles 3 or 4 are met. 
2. The producer or the importer shall transmit the statement of conformity to the next 
holder of the scrap metal consignment. They  shall retain a copy of the statement of 
conformity for at least one year after its date of issue and shall make it available to competent authorities upon request.  
EN 5   EN Article 6 
Quality management 
1. The producer shall implement a quality management system suitable to demonstrate 
compliance with the criteria referred to in Articles 3 and 4. 
2. The quality management system shall in clude a set of documented procedures 
concerning each of the following aspects:  
(a) acceptance control of waste used as  input for the recovery operation; 
(b) monitoring of treatment, in particular  the treatment processes and techniques 
described in section 3 of Annexes I and II; 
(c) monitoring of the quality of scrap meta l resulting from the recovery operation 
(including sampling and analysis); 
(d) effectiveness of the radiation monitoring; (e) feedback from customers concerni ng compliance with product documentation; 
(f) record keeping of the results of mon itoring conducted under points (a) to (d);  
(g) review and improvement of the quality management system; (h) training of staff. The quality management system shall al so prescribe the specific monitoring 
requirements set out in Annexe s I and II for each criterion.  
3. Where any of the treatments referred to in  Section 3 of Annex I or Section 3 of 
Annex II is carried out by a prior holder, th e producer shall ensure that the supplier 
implements a quality management system which complies with the requirements of this Article.  
4. The importer shall require hi s suppliers to implement a quality management system 
which complies with the requirements of this Article.  
5. An independent expert shall verify that  the quality management system complies 
with the requirements of this Article.  
6. The producer shall give competent authorities access to the quality management 
system upon request. 
Article 7 
Entry into force 
This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of  the European Union .  
EN 6   EN It shall apply from 13 December 2010. 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels,  
 For the Commission 
 The President 
EN 7   EN ANNEX I  
Criteria for iron and steel scrap  
Criteria Self-monitoring requirements 
1. Quality of scrap resulting from the recovery operation  
1.1 The scrap  shall be graded according to a customer 
specification, an industry specifica tion or a standard for use in 
the production of metal substances  or objects by steel works or 
foundries.  Qualified staff shall grade each consignment.  
 
1.2 The total amount of steriles  shall be ≤ 2 % by weight. 
Steriles are: 
(1) non-ferrous metals (excluding alloying elements in any ferrous 
metal substrate) and non-metallic materials such as earth, dust, insulation and glass; 
(2) combustible non-metallic materials such as rubber, plastic, 
fabric, wood and other chemi cal or organic substances; 
(3) larger pieces (brick-size) whic h are non-conductors  of electricity 
such as tyres, pipes filled with cement, wood or concrete; 
(4) residues arising from steel melting, heating, surface conditioning 
(including scarfing), grinding, sa wing, welding and torch cutting 
operations, such as slag, mill scale, baghouse dust, grinder dust, sludge. Qualified staff shall carry out a visu al inspection of each consignment. 
At appropriate intervals (at least every 6 months), representative 
samples of steriles shall be anal ysed by weighing after magnetic or 
manual (as appropriate) separation of iron and steel particles and objects 
under careful visual inspection.  
The appropriate frequencies of monitoring by sampling shall be 
established taking into acc ount the following factors: 
(1) the expected pattern of variability (for example as shown by 
historical results);  
(2) the inherent risk of variabilit y in the quality of waste used as 
input for the recovery operation and any subsequent processing;  
(3) the inherent precision of  the monitoring method; and 
(4) the proximity of results to the limitation of the steriles' content to  
EN 8   EN  a maximum of 2% per weight.  
The process of determining mo nitoring frequencies should be 
documented as part of the quality management system and should be available for auditing. 
1.3 The scrap shall not contain excessive ferrous oxide  in any form, 
except for typical amounts aris ing from outside storage of 
prepared scrap under normal atmospheric conditions. Qualified staff shall carry out a visu al inspection for the presence of 
oxides. 
1.4 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 Radioactivity:  there is no need for response action according to 
national or international rules on monitoring and response procedures for radio active scrap metal.  
This requirement is without prej udice to the legi slation on the 
health protection of workers and members of the public adopted und Chapter III of the Euratom Treaty, in particular Council Directive 96/29/Euratom
2 
 Qualified staff shall monitor the radioactivity of each consignment.  
Each consignment of scrap shall be accompanied by a certificate 
established in accordance with nati onal or international rules on 
monitoring and response procedures  for radioactive scrap metal. The 
certificate may be included in ot her 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. The scrap shall Qualified staff shall carry out a visu al inspection of each consignment. 
The staff shall be trained on potenti al hazardous properties that may be 
                                                 
2 OJ L 159, 29.6.1996, p.1.  
EN 9   EN comply with the concentration limits laid down in Commission 
Decision 2000/532/EC3. 
 Properties of individual elemen ts included in iron and steel 
alloys are not relevant for this requirement. 
 associated with iron and steel scra p and on material components or 
features that allow recognis ing the hazardous properties. 
The procedure of recognising hazardous  materials shall be documented 
under the quality management system. 
1.7 The scrap shall not contain any  pressurised, closed or 
insufficiently open containers  that could cause explosions in a 
metalwork furnace. 
 Qualified staff shall carry out a visu al inspection of each consignment. 
 
2. Waste used as input for the recovery operation  
2.1 Only waste containing recoverable iron or steel  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 techni ques specified in section 3 of this 
Annex to remove all hazardous pr operties have been applied.  Acceptance control of all waste receiv ed (by visual inspection) and of 
the accompanying documentation shall be carried out by qualified staff which is trained on how to recogni se waste that does not meet the 
criteria set out in this section. 
  
3. Treatment processes and techniques  
3.1 The iron or steel scrap shall have been segregated at source or while 
collecting and shall have been kept separate or the input wastes shall  
                                                                                                                                                                                                                                                
3 OJ L 226, 6.9.2000, p. 3.  
EN 10   EN have been treated to separate the ir on and steel scrap from the non-metal 
and non-ferrous components. 
3.2 All mechanical treatments (lik e cutting, shearing, shredding or 
granulating; sorting, separation, cl eaning, de-polluting, emptying) needed 
to prepare the metal scrap for use in steel works and foundries shall have been completed. 
3.3 For waste containing hazardous compounds, the following specific 
requirements shall apply: 
(a) Input materials that originate from waste electri cal or electronic 
equipment or from end-of-life vehicles shall have undergone all 
treatments required by Article 6 of Directive 2002/96/EC of the 
European Parliament and of the Council
4 and by Article 6 of 
Directive 2000/53/EC of the Eur opean Parliament and of the 
Council5; 
(b) Chlorofluorocarbons in discarded equipment shall have been 
captured in a process approved by the competent authorities;  
(c) Filings and turnings that contain cutting fluids such as oils shall 
have been treated to remove th ese fluids by processes such as 
centrifugation or pressing; 
(d) Cables shall have been stripped or granulated. If a cable contains 
organic coatings (plastics), the or ganic coatings shall have been 
removed in accordance with the best available techniques; 
                                                                                                                                                                                                                                                
4 OJ L 37, 13.2.2003, p. 24. 
5 OJ L 269, 21.10.2000, p. 34.  
EN 11   EN (e) Barrels and containers including inter alia oil and paint drums, 
shall have been emptied and cleaned; 
(f) Hazardous substances in waste not mentioned in point (a) shall 
have been efficiently removed in a process which is approved by the competent authority.  
EN 12   EN ANNEX II  
Criteria for aluminium scrap 
Criteria Self-monitoring requirements 
1. Scrap quality 
1.1 The scrap shall be graded  in accordance with a customer 
specification, an industry specification or a standard for use in the production of metal substanc e or objects by refining or re-
melting.  Qualified staff shall grade each consignment. 
  
1.2 The total amount of foreign materials  shall be ≤5 % by weight 
or the metal yield  shall be ≥90%;  
Foreign materials are 
(1) metals other than aluminium and aluminium alloys; (2) non-metallic materials such as earth, dust, insulation and glass; (3) combustible non-metallic materials such as rubber, plastic, 
fabric, wood and other chemi cal or organic substances; 
(4) larger pieces (brick-size) which are non-conductors of 
electricity such as tyres, pipe s filled with cement, wood or 
concrete or The producer of the aluminium sc rap shall check compliance by 
monitoring the amount of foreign mate rials or by determining the metal 
yield.  
Qualified staff shall carry out visual inspection of each consignment. At appropriate intervals (at least every 6 months), representative 
samples of each grade of aluminium sc rap shall be analysed to measure 
the total amount of foreign materials or the metal yield. 
The representative samples shall be obtained in accordance with the 
sampling procedures described in standard EN 13920
 6. 
The total amount of foreign material s shall be measured by weighing 
after manual sorting of aluminium metallic particles or objects from particles or objects consisting of fo reign materials based on a careful 
                                                 
6 EN 13920-1:2002; Aluminium and aluminium alloys - Scrap- Part  1: General requirements, sampling and tests; CEN 2002.   
EN 13   EN (5) residues arising from melti ng of aluminium and aluminium 
alloys, heating, surface conditioning  (including scarfing), grinding, 
sawing, welding and torch cutting ope rations such as slag, dross, 
skimmings, baghouse dust, grinder dust, sludge. visual inspection or other means of distinguishing aluminium metal 
from foreign materials (for exampl e by analysis with  magnet or by 
analysis of the density of materials). 
Metal yield shall be measured in accordance with the following 
procedure: 
(1) Determination of mass (m 1) after removal and determination of 
moisture (in accordance with point 7.1. of the EN 13920-1:2002 standard); 
(2) Removal and determination of  free iron (in accordance with 
point 7.2. of the EN 13920-1:2002 standard); 
(3) Determination of the mass of the metal after melting and 
solidifying (m
2) following the procedure for the determination of the 
metal yield in accordance with point 7.3. of the EN 13920-1:2002 standard; 
(4) Calculation of the metal yield m [%] = (m
2/m1) x 100. 
The appropriate frequencies of analysing representative samples shall be 
established taking into acc ount the following factors: 
(1) the expected pattern of variability (for example as shown by 
historical results); 
(2) the inherent risk of variabilit y in the quality of waste used as 
input for the recovery operation and in the performance of the 
treatment processes; 
(3) the inherent precision of  the monitoring method; and 
(4) the proximity of results to the limit values for the total amount of  
EN 14   EN foreign materials or the metal yield.  
 
1.3 The scrap shall not contain  PVC  in form of coatings, paints, 
plastics. Qualified staff shall carry out a visu al inspection of each consignment. 
1.4 The Scrap shall be free of visible oil , oily emulsions, lubricants 
or grease except negligible amount s 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 Radioactivity:  there is no need for response action according 
to national or international ru les on monitoring and response 
procedures for radio active scrap metal.  
This requirement is without prej udice to the legi slation on the 
health protection of workers and members of the public 
adopted und Chapter III of  the Euratom Treaty, in 
particular Council Directive 96/29/Euratom7 Qualified staff shall monitor the ra dioactivity of each consignment. 
Each consignment of scrap shall be accompanied by a certificate 
established in accordance with na tional or international rules on 
monitoring and response procedures  for radioactive scrap metal. The 
certificate may be included in ot her 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. The concentration limits laid down in Commission Decision 2000/532/EC
8 shall 
apply. 
Properties of individual elements  included in aluminium alloys 
are not relevant for this requirement. Qualified staff shall investigate each consignment by visual inspection. 
Staff shall be trained on potential hazardous properties that may be 
associated with iron and steel scra p and on material components or 
features that allow recognis ing the hazardous properties. 
The procedure of recognising hazardous  materials shall be documented 
under the quality management system. 
                                                 
7 OJ L 159, 29.6.1996, p.1. 
8 OJ L 226, 6.9.2000, p. 3.  
EN 15   EN 1.7 The scrap does not contain any  pressurised, closed or 
insufficiently open containers  that could cause explosions in a 
metalwork furnace.  Qualified staff shall investigate ea ch consignment by visual inspection. 
2. Waste used as input in the recovery operation  
2.1 Only waste  that contained recoverable aluminium or aluminium 
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 section 3 
of this Annex to remove all hazar dous properties have been applied. Acceptance control of all waste receiv ed (by visual inspection) and of 
the accompanying documentation shall be carried out by qualified staff which is trained on how to recogni se waste that does not fulfil the 
criteria set out in this section. 
  
3. Treatment processes and techniques  
3.1 The aluminium scrap shall have been segregated at source or while 
collecting and shall have been kept separate or the input waste shall 
have been treated to separate the ir on and steel scrap from the non-metal 
and non-ferrous components. 
3.2 All mechanical treatments ( like cutting, shearing, shredding or 
granulating; sorting, separation, cleaning, de-polluting, emptying) 
needed to prepare the metal scrap fo r direct input into  final use shall 
have been completed. 
3.3 For waste containing hazardous compounds the following specific  
                                                 
9 OJ L 37, 13.2.2003, p. 24. 
10 OJ L 269, 21.10.2000, p. 34.  
EN 16   EN requirements shall apply: 
(a) Input materials that originate fr om waste electrical or electronic 
equipment and end-of-life vehi cles shall have undergone all 
treatments required by Article 6 of Directive 2002/96/EC of the 
European Parliament and of the Council9 and Article 6 of 
Directive 2000/53/EC of the Eur opean Parliament and of the 
Council10; 
(b) Chlorofluorocarbons in discar ded equipment shall have been 
captured in an process approved by the competent authorities;  
(c) Filings and turnings that contain cutting fluids such as oils shall 
have been treated to remove th ese fluids by processes such as 
centrifugation or pressing; 
(d) Cables shall have been stri pped or granulated. If a cable 
contains organic coatings (plastics), the organic coatings shall have been removed in accordan ce with the best available 
techniques; 
(e) Barrels and containers, including inter alia oil and paint drums, 
shall have been emptied and cleaned; 
(f) Hazardous substances in waste not mentioned in point (a) shall 
have been efficiently removed in  a process which is approved 
by the competent authority.