EN    EN  
 EUROPEAN COMMISSION 
Brussels, XXX   
[…](2012) XXX  draft 
  
COMMISSION REGULATION (EU) No …/.. 
of XXX  
establishing criteria determining when copper scrap ceases to be waste under Directive 
2008/98/EC of the Eu ropean Parliament and of the Council 
  
EN 1   EN COMMISSION REGULATION (EU) No …/.. 
of XXX 
establishing criteria determining when co pper 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 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 wast e streams that recycling markets for copper 
scrap would benefit from the developmen t of specific criteria determining when 
copper scrap obtained from waste ceases to be  waste. Those criteria should ensure a 
high level of environmental protection. Th ey should be without  prejudice to the 
classification of recovered copper sc rap 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 ope ration meets the techni cal 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 Jo int Research Centre of the European 
Commission have shown that the proposed crit eria on the waste used as input in the 
recovery operation, on the treatment processes and tec hniques, 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 haza rdous 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. 
                                                
 
1 OJ L 312, 22.11.2008, p. 3.  
EN 2   EN (5) A review of the criteria may prove necessary if, on the ba sis of a monitoring for the 
development of market conditions for c opper 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 de termining when copper scrap 
ceases to be waste, it is appr opriate to provide for a reasona ble period to elapse before 
this Regulation applies. 
(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 cr iteria determining when coppe r scrap ceases to be waste. 
Article 2 
Definitions 
For the purposes of this Regulation, the defini tions set out in Dir ective 2008/98/EC shall 
apply . 
In addition, the following definitions shall apply: 
1. 'copper scrap' means scrap metal which consis ts mainly of copper and copper alloys;  
2. 'holder' means the natural or legal pers on who is in possession of copper scrap; 
3. 'producer' means the holder who transfers copper scrap to an other 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 Union who 
introduces copper scrap which ha s ceased to be waste into  the customs territory of 
the Union; 
5. 'qualified staff' means staff which is quali fied 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 contai ned in either one or  several transport 
units, such as containers.  
EN 3   EN Article 3 
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 ope ration 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 requirem ents set out in Articles 4 and 5. 
Article 4 
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 one year after its date of issue and 
shall make it available to co mpetent authorities upon request. 
3. The statement of conformity may be in electronic form. 
Article 5 
Management system 
1. The producer shall implement a manageme nt system suitable to demonstrate 
compliance with the criteria referred to in Article 3. 
2. The management system shall include a se t 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;  
EN 4   EN (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 monito ring conducted under points (a) to (d); 
(g) review and improvement of the management system; 
(h) training of staff. 
3. The management system shall also prescr ibe 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 th at 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 765/20082 of the 
European Parliament and of the Council,  which has obtained accreditation in 
accordance with that Regulation, or an envi ronmental verifier, as defined in Art 2 
(20) (b) of Regula tion (EC) No 1221/20093 of the European Pa rliament and of the 
Council, which is accredited or licensed in  accordance with th at Regulation, shall 
verify that the management system complie s with the requirements of this Article. 
The verification shall be carri ed out every three years. 
Only verifiers with the following scope of accreditation or licence based on the 
NACE Codes as specified in Regulation (EC) No 1893/20064 of the European 
Parliament and of the Council shall be regarded as having sufficient specific 
experience to perform the verificatio n mentioned in this Regulation: 
(a) * NACE Code 38 (Waste collection, treatm ent and disposal activities; material 
recovery); or 
(b) * NACE Code 24 (Manufacture of basic metals) especially including the sub-
code 24.44 (Copper production). 
6. The importer shall require hi s 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 shal l 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) 765/2008; 
                                                
 
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.  
EN 5   EN (b) an environmental verifier which is accr edited or licensed by an  accreditation or 
licensing body according to Regulation (EC) No 1221/2009 which is also subject to peer evaluation according to Article 31 of that Regulation. 
Verifiers who want to operate in third c ountries must obtain a specific accreditation 
or licence, in accordance with the specifications laid down in Regulation (EC) No 765/2008 or Regulation (EC) No 1221/2009 to gether with Commission Decision 
2011/832/EU
5. 
7. The producer shall give competent authorities access to the management system 
upon request. 
Article 6 
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 . 
It shall apply from […] 2012. [ Please insert a specific date; transitional period 6 month after 
publication ] 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels,  
 For the Commission 
 The President
                                                 
5 OJ L 330, 14.12.2011, p. 25.  
EN 6   EN ANNEX I  
Criteria for copper scrap  
Criteria Self-monitoring requirements 
Section 1. Quality of copper scrap resul ting 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 ev ery 6 months) representative samples 
of each grade of copper scrap shall be analysed to measure the total amount of foreign materials. The tota l amount of foreign materials shall 
be measured by weighing after sepa rating copper/copper alloy metallic 
particles and objects from partic les 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 acc ount the following factors: 
• the expected pattern of variab ility (for example as shown by 
historical results); 
• the inherent risk of variability in the quality of the waste used 
as input for the recovery opera tion and in the performance of 
the treatment process;  
EN 7   EN • 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 mo nitoring frequencies should be 
documented as part of the management system and should be available for auditing. 
1.3 The scrap shall not contain exces sive metal 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 of each consignment. 
1.4 The scrap shall be free of visibl e 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 There is no need for response action according to national or 
international rules on monitori ng and response procedures for 
radioactive scrap metal. 
This requirement is without prej udice to the legi slation 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 ra dioactivity 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 of the European 
Parliament and the Council. The scrap shall comply with the Qualified staff shall investigate eac h consignment by visual inspection. 
Where visual inspection raises an y suspicious of possible hazardous 
properties, further appropriate monitoring measures shall be taken, such  
EN 8   EN concentration limits laid down in Commission Decision 
2000/532/EC1 and not exceed the concentration limits laid down 
in Annex IV to Regulation (EC) No 850/20042 of the European 
Parliament and the Council. 
Properties of alloy metals incl uded in copper alloys are not 
relevant for this requirement.  as sampling and testing where appropri ate. The staff shall be trained on 
potential hazardous properties that ma y be associated with copper scrap 
and on material components or feat ures 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 ea ch consignment by visual inspection. 
1.8 The scrap shall not contain PVC in  form of coatings, paints, or 
residual plastics. Qualified staff shall investigate ea ch consignment by visual inspection. 
Section 2. Waste used as input  for the recovery operation 
2.1 Only waste that contained rec overable 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 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. 
 
                                                 
1 OJ L 226, 6.9.2000, p. 3. 
2 OJ L 158, 30.4.2004, p. 7.  
EN 9   EN emulsions and  
• barrels and containers, except equipment from end-of-life 
vehicles, which contain or ha ve contained oil or paints. 
Setion 3. Treatment processes and techniques  
3.1 The copper scrap shall have been segregated at source or while 
collecting or the input wastes shal l 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, sepa ration, 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 originat e 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
1 of the European Parliament and of 
the Council and by Article 6 of Directive 2000/53/EC2 of 
the European Parliament and of the Council; 
• Chlorofluorocarbons in discar ded equipment shall have  
                                                 
1 OJ L 37, 13.02.2003, p.24. 
2 OJ L 269, 21.10.2000, p.34.  
EN 10   EN 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.  
EN 11   EN Annex II 
Statement of Conformity with the end-of-w aste 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 a ccordance with an industry specification or standard: 
 b)Where relevant, main technical provisions of a customer specification, such as compositi on, size, type and properties: 
 
3. The scrap metal consignment complies with the industry specification or standard refe rred to in point 2 (a) or with the cust omer specification 
to in point 2 (b). 
4. Quality of the consignment in kg:  
5. A radioactivity test certificate has be en established in accordance with national or international rules on monitoring and r esponse procedures 
for radioactive scrap metal.  
EN 12   EN 6. The producer of scrap metal applies a management system  complying with the requir emets of Regulation (EU) No …[will be inserted once 
this regulation adopted] , which has been verified by an accredited conformity assessment body or by an envir onmental verifier or, where 
scrap metal which has ceased to be waste is  imported into the customs territory of the Union, by an independent external verifi er.  
7. The scrap metal consignment meets the criteria referred to in paragraphs 1 to 3 of Article 3 of Regulation (EU) No …[will be inserted once this 
regulation adopted] . 
8. Declaration of the producer/importer of sc rap metal : I certify that the above inform ation is complete and correct to the be st of my knowledge: 
Name:  Date: Signature: