REGULATIONS  
COUNCIL REGULATION (EU) No 333/2011  
of 31 March 2011  
establishing criteria determining when certain types of scrap metal cease to be waste under 
Directive 2008/98/EC of the European Parliament and of the Council  
THE COUNCIL OF THE EUROPEAN UNION,  
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,  
Having regard to the proposal from the European Commission,  
After submission of the proposed measures to the European 
Parliament,  
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 waste. Those 
criteria should ensure a high level of environmental 
protection. They should be without prejudice to the 
classification of scrap metal 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 iron, steel and aluminium 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 therefore be sufficiently 
pure and meet the relevant scrap standards or specifi ­
cations 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 resulting from a recovery operation 
meet the technical requirements of the 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 scrap metal 
resulting from the recovery operation, fulfil those 
objectives since they should result in the production of 
iron, steel and aluminium scrap devoid of hazardous 
properties and sufficiently free 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.  
(5) A review of the criteria may prove necessary if, on the 
basis of a monitoring of the development of market 
conditions for iron and steel scrap and aluminium 
scrap, adverse effects on recycling markets for iron and 
steel scrap and aluminium 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 deter ­
mining when scrap metal ceases to be waste, it is appro ­
priate to provide for a reasonable period to elapse before 
this Regulation applies.  
(7) The Committee established by Article 39(1) of Directive 
2008/98/EC has not delivered an opinion on the 
measures provided for in this Regulation and the 
Commission therefore submitted to the Council a 
proposal relating to the measures and forwarded it to 
the European Parliament.  
(8) The European Parliament has not opposed the proposed 
measures,  
HAS ADOPTED THIS REGULATION:  
Article 1  
Subject matter  
This Regulation establishes criteria determining when iron, steel 
and aluminium scrap, including aluminium alloy scrap, cease to 
be waste.EN L 94/2 Official Journal of the European Union 8.4.2011  
( 1 ) OJ L 312, 22.11.2008, p. 3.Article 2  
Definitions  
For the purposes of this Regulation, the definitions set out in 
Directive 2008/98/EC shall apply.  
In addition, the following definitions shall apply:  
(a) ‘iron and steel scrap’ means scrap metal which consists 
mainly of iron and steel;  
(b) ‘aluminium scrap’ means scrap metal which consists mainly 
of aluminium and aluminium alloy;  
(c) ‘holder’ means the natural or legal person who is in 
possession of scrap metal;  
(d) ‘producer’ means the holder who transfers scrap metal to 
another holder for the first time as scrap metal which has 
ceased to be waste;  
(e) ‘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;  
(f) ‘qualified staff’ means staff which is qualified by experience 
or training to monitor and assess the properties of scrap 
metal;  
(g) ‘visual inspection’ means inspection of scrap metal covering 
all parts of a consignment and using human senses or any 
non-specialised equipment;  
(h) ‘consignment’ means a batch of scrap metal 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.  
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:  
(a) the waste used as input for the recovery operation complies 
with the criteria set out in Section 2 of Annex I;  
(b) 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;  
(c) the iron and steel scrap resulting from the recovery 
operation complies with the criteria set out in Section 1 
of Annex I;  
(d) the producer has satisfied the requirements 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:  
(a) the waste used as input in the recovery operation complies 
with the criteria set out in Section 2 of Annex II;  
(b) the waste used as input in the recovery operation has been 
treated in accordance with the criteria set out in Section 3 
of Annex II;  
(c) the aluminium scrap resulting from the recovery operation 
complies with the criteria set out in Section 1 of Annex II;  
(d) the producer has satisfied the requirements 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 in 
accordance with the model set out in Annex III.  
2. The producer or the importer shall transmit the statement 
of conformity to the next holder of the scrap metal 
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 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, respectively.  
2. The quality management system shall include a set of 
documented procedures concerning each of the following 
aspects:  
(a) acceptance control of waste used as input for the recovery 
operation as set out in Section 2 of Annexes I and II;  
(b) monitoring of the treatment processes and techniques 
described in Section 3.3 of Annexes I and II;  
(c) monitoring of the quality of scrap metal resulting from the 
recovery operation as set out in Section 1 of Annexes I and 
II (including sampling and analysis);  
(d) effectiveness of the radiation monitoring as set out in 
Section 1.5 of Annexes I and II, respectively;  
(e) feedback from customers concerning compliance with scrap 
metal quality;EN 8.4.2011 Official Journal of the European Union L 94/3(f) record keeping of the results of monitoring conducted 
under points (a) to (d);  
(g) review and improvement of the quality management system;  
(h) training of staff.  
3. The quality management system shall also prescribe the 
specific monitoring requirements set out in Annexes I and II for 
each criterion.  
4. Where any of the treatments referred to in Section 3.3 of 
Annex I or Section 3.3 of Annex II are carried out by a prior 
holder, the producer shall ensure that the supplier implement a 
quality 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 of 9 July 2008 setting out the requirements for accredi ­
tation and market surveillance relating to the marketing of 
products (  1 ), which has obtained accreditation in accordance 
with that Regulation, or any other environmental verifier as defined in Article 2(20)(b) of Regulation (EC) No 1221/2009 of 
the European Parliament and of the Council of 25 November 
2009 on the voluntary participation by organisations in a 
Community eco-management and audit scheme (EMAS) (  2 ) 
shall verify that the quality management system complies with 
the requirements of this Article. The verification should be 
carried out every 3 years.  
6. The importer shall require his suppliers to implement a 
quality management system which complies with the 
requirements of paragraphs 1, 2 and 3 of this Article and has 
been verified by an independent external verifier.  
7. 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 20th day following 
its publication in the  Official Journal of the European Union . 
It shall apply from 9 October 2011.  
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels, 31 March 2011.  
For the Council  
The President  
VÖLNER P.EN L 94/4 Official Journal of the European Union 8.4.2011  
( 1 ) OJ L 218, 13.8.2008, p. 30.  (  2 ) OJ L 342, 22.12.2009, p. 1.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 specification or a 
standard for direct 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 foreign materials (steriles) shall be ≤ 2 % by weight. 
Foreign materials 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 chemical or 
organic substances; 
(3) larger pieces (brick-size) which 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, 
sawing, welding and torch cutting operations, such as slag, mill scale, baghouse dust, grinder 
dust, sludge.  Qualified staff shall carry out a visual inspection of each consignment. 
At appropriate intervals (at least every 6 months), representative samples of foreign materials shall be 
analysed 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 account the 
following factors: 
(1) the expected pattern of variability (for example as shown by historical results); 
(2) the inherent risk of variability 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 foreign materials’ content to a maximum of 2 % per 
weight. 
The process of determining monitoring 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 arising 
from outside storage of prepared scrap under normal atmospheric conditions.  Qualified staff shall carry out a visual 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 radioactive scrap metal. 
This requirement is without prejudice to the basic standards on the health protection of workers 
and members of the public adopted in acts falling under Chapter III of the Euratom Treaty, in 
particular Directive 96/29/Euratom (1 ). 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.EN 8.4.2011 Official Journal of the European Union L 94/5Criteria  Self-monitoring requirements  
1.6. The scrap shall not display any of the hazardous properties listed in Annex III to Directive 
2008/98/EC. The scrap shall comply with the concentration limits laid down in Decision 
2000/532/EC (2 ) and shall not exceed the concentration limits laid down in Annex IV to Regu ­
lation (EC) No 850/2004 (3 ). 
Properties of individual elements included in iron and steel alloys are not relevant for this 
requirement.  Qualified staff shall carry out a visual inspection of each consignment. Where visual inspection raises 
any suspicion 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 iron and steel 
scrap and on material components or features that allow hazardous properties to be recognised. 
The procedure for 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 an explosion in a metalwork furnace.  Qualified staff shall carry out a visual 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 techniques specified in Section 3 of this Annex to remove all hazardous properties have been 
applied. 
2.3. The following waste 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 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 waste shall have been treated to separate the iron and steel scrap from 
the non-metal and non-ferrous components. 
3.2. All mechanical treatments (like cutting, shearing, shredding or granulating; sorting, separating, 
cleaning, de-polluting, emptying) needed to prepare the scrap metal for direct input into final 
use in steel works and foundries 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 of 
the European Parliament and of the Council (4 ) and by Article 6 of Directive 2000/53/EC of 
the European Parliament and of the Council (5 ); 
(b) chlorofluorocarbons in discarded equipment shall have been captured in a process approved by 
the competent authorities;EN L 94/6 Official Journal of the European Union 8.4.2011Criteria  Self-monitoring requirements  
(c) cables shall have been stripped or chopped. If a cable contains organic coatings (plastics), the 
organic coatings shall have been removed in accordance with the best available techniques; 
(d) barrels and containers shall have been emptied and cleaned, and 
(e) hazardous substances in waste that is not mentioned in point (a) shall have been efficiently 
removed in a process which is approved by the competent authority.  
(1 ) Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers  and the general public against the dangers arising from ionizing radiation (OJ L 159, 29.6.1996, p. 1). 
(2 ) Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1( a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of 
hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (OJ L 226, 6.9.2000, p. 3). 
(3 ) Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants ( OJ L 158, 30.4.2004, p. 7). 
(4 ) OJ L 37, 13.2.2003, p. 24. 
(5 ) OJ L 269, 21.10.2000, p. 34.EN 8.4.2011 Official Journal of the European Union L 94/7ANNEX 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 direct use in the production of metal substance 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 materials and glass; 
(3) combustible non-metallic materials such as rubber, plastic, fabric, wood and other chemical or 
organic substances; 
(4) larger pieces (brick-size) which are non-conductors of electricity such as tyres, pipes filled with 
cement, wood or concrete; or 
(5) residues arising from the melting of aluminium and aluminium alloys, heating, surface condi ­
tioning (including scarfing), grinding, sawing, welding and torch cutting operations such as 
slag, dross, skimmings, baghouse dust, grinder dust, sludge.  The producer of the aluminium scrap shall check compliance by monitoring the amount of foreign 
materials 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 
scrap 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 (1 ). 
The total amount of foreign materials shall be measured by weight after separating aluminium metallic 
particles and objects from particles and objects consisting of foreign materials by hand sorting or other 
means of separation (such as by magnet or by using density as a basis). 
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/m 1) × 100. 
The appropriate frequencies of analysis of representative samples shall be established taking into 
account the following factors: 
(1) the expected pattern of variability (such as shown by historical results); 
(2) the inherent risk of variability 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 foreign materials or the metal 
yield.  
1.3. The scrap shall not contain polyvinyl chloride (PVC) in form of coatings, paints, plastics.  Qualified staff shall carry out a visual inspection of each consignment.EN L 94/8 Official Journal of the European Union 8.4.2011Criteria  Self-monitoring requirements  
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. Radioactivity: 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 basic standards on the health protection of workers 
and members of the public adopted in acts falling under 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 national or international rules on moni ­
toring 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. The scrap shall comply with the concentration limits laid down in Commission 
Decision 2000/532/EC (3 ) and shall not exceed the concentration limits laid down in Annex IV 
to Regulation (EC) No 850/2004 (4 ). 
Properties of individual elements included in aluminium alloys are not relevant for this 
requirement.  Qualified staff shall carry out a visual inspection of each consignment. Where visual inspection raises 
any suspicion of possible hazardous properties, further appropriate monitoring measures shall be taken, 
such as sampling and testing where appropriate. 
Staff shall be trained on potential hazardous properties that may be associated with aluminium scrap 
and on material components or features that allow hazardous properties to be recognised. 
The procedure for 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 an explosion in a metalwork furnace.  Qualified staff shall carry out a visual inspection of each consignment.  
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 hazardous properties have 
been applied. 
2.3. The following waste 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.  
3. Treatment processes and techniques  
3.1. The aluminium scrap shall have been segregated at source or while being collected and shall have 
been kept separate or the input waste shall have been treated to separate the aluminium scrap 
from the non-metal and non-aluminium metal components.EN 8.4.2011 Official Journal of the European Union L 94/9Criteria  Self-monitoring requirements  
3.2. All mechanical treatments (like cutting, shearing, shredding or granulating; sorting, separating, 
cleaning, de-polluting, emptying) needed to prepare the scrap metal 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 and 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 (5 ) and Article 6 of Directive 2000/53/EC of the 
European Parliament and of the Council (6 ); 
(b) chlorofluorocarbons in discarded equipment shall have been captured in an process approved 
by the competent authorities; 
(c) cables shall have been stripped or chopped. If a cable contains organic coatings (plastics), the 
organic coatings shall have been removed in accordance with the best available techniques; 
(d) barrels and containers shall have been emptied and cleaned; 
(e) hazardous substances in waste not mentioned in point (a) shall have been efficiently removed 
in a process which is approved by the competent authority.  
(1 ) EN 13920-1:2002; Aluminium and aluminium alloys – Scrap- Part 1: General requirements, sampling and tests; CEN 2002. 
(2 ) OJ L 159, 29.6.1996, p. 1. 
(3 ) OJ L 226, 6.9.2000, p. 3. 
(4 ) OJ L 229, 30.4.2004, p. 1. 
(5 ) OJ L 37, 13.2.2003, p. 24. 
(6 ) OJ L 269, 21.10.2000, p. 34.EN L 94/10 Official Journal of the European Union 8.4.2011ANNEX III  
Statement of Conformity with the end-of-waste criteria referred to in Article 5(1)  
1. Producer/importer of scrap metal: 
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 specification or standard referred to in point 2:  
4. Quantity of the consignment in tonnes:  
5. A radioactivity test certificate has been established in accordance with national or international rules on monitoring and res ponse procedures for radioactive scrap metal:  
6. The producer of scrap metal applies a quality management system complying with Article 6 of Regulation (EU) No 333/2011 (1 ), which has been verified by an accredited verifier or, where scrap metal 
which has ceased to be waste is imported into the customs territory of the Union, by an independent verifier:  
7. The scrap metal consignment meets the criteria referred to in points (a) to (c) of Articles 3 and 4 of Regulation (EU) No 333/ 2011 (1 ): 
8. Declaration of the producer/importer of scrap metal: I certify that the above information is complete and correct to my best k nowledge. 
Name: 
Date: 
Signature:  
(1 ) Council Regulation (EU) No 333/2011 of 31 March 2011 establishing criteria determining when certain types of scrap metal ceas e to be waste under Directive 2008/98/EC of the European Parliament and of the Council (OJ L 94, 
8.4.2011, p. 2).EN 8.4.2011 Official Journal of the European Union L 94/11