Proposition de RÈGLEMENT DU CONSEIL établissant les critères permettant de déterminer à quel moment certains types de débris métalliques cessent d’être des déchets au sens de la directive 2008/98/CE du Parlement européen et du Conseil
Date: 2010-10-22
Institutions: European Commission
Subjects: environmental protection, prevention of pollution, public health, waste management, waste recycling

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EUROPEAN COMMISSION 

Brussels, 22.10.2010 
COM(2010) 576 final 

2010/0294 (NLE) 

Proposal for a 

COUNCIL REGULATION 

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 

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EXPLANATORY MEMORANDUM 

Pursuant to Article 6 (1) 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  certain  legal  conditions.  In  accordance  with  Article  6(2)  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(2) 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  deliver  a  favourable 
opinion on the draft Regulation in its meeting on 16 September 2010. 

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. 

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2010/0294 (NLE) 

Proposal for a 

COUNCIL REGULATION  

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  Directives1  and  in  particular  Article  6  (2) 
thereof, 

Whereas: 

(1) 

(2) 

(3) 

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 metal scrap as waste by third countries. 

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 specifications required by the metal producing industry. 

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 as 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. 

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OJ L 312, 22.11.2008, p. 3. 

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(5) 

(6) 

(7) 

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  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. 

In order to allow operators to adapt to the criteria determining when scrap metal ceases 
to be waste, it  is  appropriate  to provide for a reasonable period to elapse  before this 
Regulation applies. 

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, 

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. 

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: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

'iron and steel scrap' means scrap metal which consists mainly of iron and steel; 

'aluminium  scrap'  means  scrap  metal  which  consists  mainly  of  aluminium  and 
aluminium alloy; 

'holder' means the natural or legal person who is in possession of scrap metal; 

'producer'  means  the  holder  who  transfers  scrap  metal  to  another  holder  for  the  first 
time as scrap metal which has ceased to be waste; 

'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. 

'qualified staff' means staff which is qualified by experience or training to monitor and 
assess the properties of metal scrap; 

'visual inspection' means inspection of metal scrap covering all parts of a consignment 
and using human senses or any non-specialised equipment. 

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(8) 

'consignment'  means  a  batch  of  metal  scrap  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: 

(1) 

(2) 

(3) 

the waste used as input for the recovery operation complies with the criteria set out in 
Section 2 of Annex I; 

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; 

the iron and steel scrap resulting from the recovery operation complies with the criteria 
set out in Section 1 of Annex I; 

(4) 

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: 

(1) 

(2) 

(3) 

the waste used as input in the recovery operation complies with the criteria set out in 
Section 2 of Annex II; 

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; 

the aluminium scrap resulting from the recovery operation complies with the criteria 
set out in Section 1 of Annex II; 

(4) 

the producer has satisfied the requirements set out in Articles 5 and 6. 

Article 5 

Statement of conformity 

(1) 

(2) 

The  producer  or  the  importer  shall  issue,  for  each  consignment  of  scrap  metal,  a 
statement of conformity conforming to the model set out in Annex III. 

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 

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conformity  for  at  least  one  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) 

(2) 

The  producer  shall  implement  a  quality  management  system  suitable  to  demonstrate 
compliance with the criteria referred to in Articles 3 and 4. 

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) 

(d) 

(e) 

(f) 

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); 

effectiveness of the radiation monitoring as set out in section 1.5 of Annexes I 
and II; 

feedback from customers concerning compliance with scrap metal quality; 

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  is  carried  out  by  a  prior  holder,  the  producer  shall  ensure  that  the  supplier 
implements  a  quality  management  system  which  complies  with  the  requirements  of 
this Article. 

(5) 

(6) 

A conformity assessment body as defined in Regulation (EC) No 765/2008, which has 
obtained accreditation in accordance with that Regulation, or any other environmental 
verifier as defined in Art 2 (20) (b) of Regulation (EC) No 1221/2009 shall verify that 
the  quality  management  system  complies  with  the  requirements  of  this  Article.  The 
verification should be carried out every three years. 

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. 

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(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 twentieth day following that of its publication in 
the Official Journal of the European Union. 

It shall apply from […] 2011. [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 Council 
The President 

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ANNEX I 

Criteria for iron and steel scrap  

Criteria 

Self-monitoring requirements 

1. Quality of scrap resulting from the recovery operation  

1.1 

1.2 

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.  

The  total  amount  of  foreign  materials  (steriles)  shall  be  ≤  2  %  by 
weight. 

Qualified staff shall carry out a visual inspection of each consignment. 

Foreign materials are: 

(1) 

(2) 

(3) 

(4) 

non-ferrous metals (excluding alloying elements in any ferrous metal 
substrate)  and  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; 

larger pieces (brick-size) which are non-conductors of electricity such 
as tyres, pipes filled with cement, wood or concrete; 

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. 

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. 

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1.3 

1.4 

1.5 

1.6 

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. 

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. 

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 legislation  on  the health 
protection  of  workers  and  members  of  the  public  adopted  under 
Chapter  III  of  the  Euratom  Treaty,  in  particular  Council  Directive 
96/29/Euratom2 

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. 

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/EC3 
and shall not exceed the concentration limits laid down in Annex IV to 
Regulation (EC) No 850/20044 

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 

Properties of individual elements included in iron and steel alloys are 
not relevant for this requirement. 

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 recognising 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  Qualified staff shall carry out a visual inspection of each consignment. 

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OJ L 159, 29.6.1996, p.1. 
OJ L 226, 6.9.2000, p. 3. 
OJ L 158, 30.4.2004, p. 7. 

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open containers that could cause explosions in a metalwork furnace. 

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.  

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. 

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. 

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,  separation,  cleaning,  de-polluting,  emptying)  needed  to  prepare  the 
metal scrap 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: 

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OJ L 37, 13.2.2003, p. 24. 
OJ L 269, 21.10.2000, p. 34. 

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(a) 

(b) 

(c) 

(d) 

(e) 

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 Council5 and by Article 6 of Directive 
2000/53/EC of the European Parliament and of the Council6; 

Chlorofluorocarbons in discarded equipment shall have been captured 
in a process approved by the competent authorities;  

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; 

Barrels and containers shall have been emptied and cleaned; 

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. 

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Criteria 

1. Scrap quality 

ANNEX II 

Criteria for aluminium scrap 

Self-monitoring requirements 

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%;  

The  producer  of  the  aluminium  scrap  shall  check  compliance  by  monitoring 
the amount of foreign materials or by determining the metal yield.  

Foreign materials are 

Qualified staff shall carry out visual inspection of each consignment. 

(1) 

(2) 

(3) 

(4) 

metals other than aluminium and aluminium alloys; 

non-metallic  materials  such  as  earth,  dust,  insulation  materials  and 
glass; 

combustible  non-metallic  materials  such  as  rubber,  plastic,  fabric, 
wood and other chemical or organic substances; 

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  melting  of  aluminium  and  aluminium  alloys, 
heating,  surface  conditioning  (including  scarfing),  grinding,  sawing, 
welding  and  torch  cutting  operations  such  as  slag,  dross,  skimmings, 
baghouse dust, grinder dust, sludge. 

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 7. 

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  (m1)  after  removal  and  determination  of 
moisture (in accordance with point 7.1. of the EN 13920-1:2002 standard); 

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EN 13920-1:2002; Aluminium and aluminium alloys - Scrap- Part 1: General requirements, sampling and tests; CEN 2002. 

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(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 
(m2)  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 [%] = (m2/m1) x 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 

1.4 

1.5 

The scrap shall not contain PVC in form of coatings, paints, plastics.  Qualified staff shall carry out a visual inspection of each consignment. 

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. 

Radioactivity:  there  is  no  need  for  response  action  according  to 
national or international rules on monitoring and response procedures 
for radioactive scrap metal.  

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 

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OJ L 159, 29.6.1996, p.1. 

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This requirement is without prejudice to the legislation 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/Euratom8 

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 
in  Commission  Decision 
2000/532/EC9  and  shall  not  exceed  the  concentration  limits  laid 
down in Annex IV to Regulation (EC) No 850/2004.10 

laid  down 

limits 

Qualified staff shall investigate each consignment by visual inspection. Where 
visual inspection raises any suspicion of possible hazardous properties, further 
appropriate monitoring measures shall be taken, such as sampling and testing 
where appropriate. 

Properties  of  individual  elements  included  in  aluminium  alloys  are 
not relevant for this requirement. 

Staff shall be trained on potential hazardous properties that may be associated 
with  aluminium  scrap  and  on  material  components  or  features  that  allow 
recognising the hazardous properties. 

The procedure of recognising hazardous materials shall be documented under 
the quality management system. 

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 each 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 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  

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. 

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10 

OJ L 226, 6.9.2000, p. 3. 
OJ L L 229, 30.4.2004, p. 1. 

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(b) barrels and containers, except equipment from end-of-life vehicles, which 
contain or have contained oil or paints. 

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  aluminium  scrap  from  the  non-metal  and  non-
aluminium metal components. 

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: 

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 Council11 and Article 6 of Directive 
2000/53/EC of the European Parliament and of the Council12; 

Chlorofluorocarbons 
captured in an process approved by the competent authorities; 

in  discarded  equipment  shall  have  been 

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; 

Barrels and containers shall have been emptied and cleaned; 

Hazardous substances in waste not mentioned in point (a) shall have 

OJ L 37, 13.2.2003, p. 24. 
OJ L 269, 21.10.2000, p. 34. 

(a) 

(b) 

(c) 

(d) 

(e) 

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been  efficiently  removed  in  a  process  which  is  approved  by  the 
competent authority. 

Annex III 

1. 

Producer/importer of scrap metal: 

Statement of Conformity with the end-of-waste criteria referred to in Article 5(1) 

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 response procedures for radioactive 

scrap metal 

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6.  The producer of scrap metal applies a quality management system complying with Article 6 of Regulation (EU) No….[Please insert the reference of this 
Regulation  once  adopted],  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 paragraphs 1 to 3 of Articles 3 and 4 of Regulation (EU) No….[Please insert the reference of 

this Regulation once adopted] 

8.  Declaration of the producer/importer of scrap metal : I certify that the above information is complete and correct to my best knowledge: 

Name: 

Date: 

Signature: 

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