Proposal for a COUNCIL REGULATION establishing criteria determining when copper scrap ceases to be waste under Directive 2008/98/EC of the European Parliament and of the Council
Date: 2013-01-07
Institutions: European Commission
Subjects: copper, environmental standard, metal waste, waste management

EUROPEAN 
COMMISSION 

Brussels, 7.1.2013  
COM(2012) 787 final 

2012/0365 (NLE) 

Proposal for a 

COUNCIL REGULATION 

establishing criteria determining when copper scrap ceases 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 the legal conditions laid down in this provision. 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  give  a  favourable 
opinion on the draft Regulation in its meeting on 9 July 2012 mainly due to a high number of 
abstentions  (109).  The  chief  concern  raised  by  some  Member  States  was  that  the  quality 
criterion of less than 2% of total amount of foreign materials in copper scrap resulting from 
the  recovery  operation  was  too  stringent.  The  Commission  took  note  of  this;  however  it 
maintains and refers the same legal proposal to the Council on the basis of the Joint Research 
Centre's (JRC) technical report which, in consultation with stakeholders, concluded that 2% 
represents a safe environmental limit value on foreign materials for copper scrap to cease to 
be waste in line with condition d) in Article 6.1 of Directive 2008/98/EC.  

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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2012/0365 (NLE) 

Proposal for a 

COUNCIL REGULATION 

establishing criteria determining when copper scrap ceases 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, 

Having regard to the proposal from the European Commission, 

Whereas:  

(1) 

(2) 

(3) 

It results from an evaluation of several waste streams that recycling markets for copper 
scrap  would  benefit  from  the  development  of  specific  criteria  determining  when 
copper  scrap  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 recovered copper 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 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. 

The  criteria  determining  when  copper  scrap  ceases  to  be  waste  should  ensure  that 
copper scrap resulting from a recovery operation meets the technical 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  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 
copper  scrap  resulting  from  the  recovery  operation  fulfil  those  objectives  as  they 
should  result  in  the  generation  of  copper  scrap  devoid  of  hazardous  properties  and 
sufficiently free of metals other than copper and non-metallic compounds. 

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OJ L 312, 22.11.2008, p. 3. 

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(4) 

(5) 

(6) 

(7) 

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. 

A review of the criteria may prove necessary if, on the basis of a monitoring for the 
development  of  market  conditions  for  copper  scrap,  adverse  effects  on  recycling 
markets for copper 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  copper  scrap 
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 of Directive 2008/98/EC has not delivered an 
opinion  on  the  measures  provided  for  in  this  Regulation,  the  Commission  therefore 
submitted to the Council a proposal relating to those measures and forwarded it to the 
European Parliament, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Subject matter 

This Regulation establishes criteria determining when copper scrap ceases 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. 

'copper scrap' means scrap metal which consists mainly of copper and copper alloys;  

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

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

'importer'  means  any  natural  or  legal  person  established  within  the  Union  who 
introduces  copper  scrap  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 copper scrap; 

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6. 

7. 

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

'consignment'  means  a  batch  of  copper  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 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) 

(2) 

(3) 

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

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;  

(4) 

the producer has satisfied the requirements set out in Articles 4 and 5. 

Article 4 

Statement of conformity 

1. 

2. 

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. 

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 competent authorities upon request. 

3. 

The statement of conformity may be in electronic form. 

Article 5 

Management system 

1. 

2. 

The  producer  shall  implement  a  management  system  suitable  to  demonstrate 
compliance with the criteria referred to in Article 3. 

The  management  system  shall  include  a  set  of  documented  procedures  concerning 
each of the following aspects: 

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(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; 

(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 monitoring conducted under points (a) to (d); 

(g) 

review and improvement of the management system; 

(h) 

training of staff. 

The management system shall also prescribe the specific monitoring requirements set 
out in Annex I for each criterion. 

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  that  the  supplier  implements  a  management 
system which complies with the requirements of this Article. 

A  conformity  assessment  body,  as  defined  in  Regulation  (EC)  No  765/2008  of  the 
European  Parliament  and  of  the  Council2,  which  has  obtained  accreditation  in 
accordance  with  that  Regulation,  or  an  environmental  verifier,  as  defined  in  point 
20(b) of Article 2 of Regulation (EC) No 1221/2009 of the European Parliament and 
of the Council3, which is accredited or licensed in accordance with that Regulation, 
shall  verify  that  the  management  system  complies  with  the  requirements  of  this 
Article. The verification shall be carried 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  1893/2006  of  the  European 
Parliament  and  of  the  Council4  shall  be  regarded  as  having  sufficient  specific 
experience to perform the verification mentioned in this Regulation: 

(a)  *  NACE  Code  38  (Waste  collection,  treatment  and  disposal  activities;  material 
recovery); or 

(b)  *  NACE  Code  24  (Manufacture  of  basic  metals)  especially  including  the  sub-
code 24.44 (Copper production). 

The  importer  shall  require  his  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. 

OJ L 218, 13.8.2008, p. 30. 
OJ L 342, 22.12.2009, p. 1  
OJ L 393, 30.12.2006, p. 1. 

3. 

4. 

5. 

6. 

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The management system of the supplier shall be certified by a conformity assessment 
body which is accredited by one of the following: 

(a) 

(b) 

an accreditation body successfully peer evaluated for this activity by the body 
recognised in Article 14 of Regulation (EC) 765/2008; 

an environmental verifier which is accredited 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 countries 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  together  with  Commission  Decision 
2011/832/EU5. 

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 [six months after the day of the adoption]. 

This Regulation shall be binding in its entirety and directly applicable in the Member States in 
accordance with the Treaties. 

Done at Brussels,  

For the Council 
The President 

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OJ L 330, 14.12.2011, p. 25. 

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ANNEX I 

Criteria for copper scrap  

Criteria 

Self-monitoring requirements 

Section 1. Quality of copper scrap resulting from the recovery operation  

1.1 

The scrap shall be graded according to a customer specification 
or  an  industry  specification  or  a  standard  for  direct  use  in  the 
production  of  metal  substances  or  objects  by  smelters,  refiners, 
re-melters or other metals producers. 

Qualified staff shall grade each consignment. 

1.2 

The total amount of foreign materials shall be < 2 % by weight; 

Qualified staff shall carry out visual inspection of each consignment. 

Foreign materials are: 

(a)  metals other than copper and copper alloys; 

(b)  non-metallic materials such as earth, dust, insulation 

and glass; 

(c) 

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

(d) 

slag,  dross,  skimming,  baghouse  dust,  grinder  dust, 
sludge. 

At appropriate intervals (at least every 6 months) representative samples 
of  each  grade  of  copper  scrap  shall  be  analysed  to  measure  the  total 
amount of foreign materials. The total amount of foreign materials shall 
be measured by weighing after separating copper/copper alloy metallic 
particles  and  objects  from  particles  and  objects  consisting  foreign 
materials by hand sorting or other means of separation (e.g. by magnet 
or based on the density). 

The appropriate frequencies of analysing representative samples shall be 
established taking into account the following factors: 

(a) 

(b) 

the  expected  pattern  of  variability  (for  example  as 
shown by historical results); 

the inherent risk of variability in the quality of the 
waste used as input for the recovery operation and 
in the performance of the treatment process; 

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(c) 

(d) 

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 monitoring frequencies shall be documented 
as part of the management system and shall be available for auditing. 

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

Qualified staff shall carry out a visual inspection of each consignment, 
paying particular attention to those parts where oil is most likely to drip. 

Qualified  staff  shall  monitor  the  radioactivity  of  each  consignment. 
Each  consignment  of  scrap  shall  be  accompanied  by  a  certificate 
established  in  accordance  with  national  or  international  rules  on 
monitoring  and  response  procedures  for  radioactive  scrap  metal.  The 
certificate  may  be  included  in  other  documentation  accompanying  the 
consignment. 

1.3 

1.4 

1.5 

The  scrap  shall  not  contain  excessive  metal  oxide  in  any  form, 
except  for  typical  amounts  arising  from  outside  storage  of 
prepared scrap under normal atmospheric conditions. 

The scrap shall be free of visible oil, oily emulsions, lubricants 
or  grease  except  negligible  amounts  that  will  not  lead  to  any 
dripping. 

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

This  requirement  is  without  prejudice  to  the  legislation  on  the 
health protection of workers and members of the public adopted 
in  Chapter  III  of  the  Euratom  Treaty,  in  particular  Council 
Directive 96/29/Euratom. 

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 each consignment by visual inspection. 
Where  visual  inspection  raises  any  suspicious  of  possible  hazardous 
properties, further appropriate monitoring measures shall be taken, such 

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as sampling and testing where appropriate. The staff shall be trained on 
potential hazardous properties that may be associated with copper scrap 
and  on  material  components  or  features  that  allow  recognising  the 
hazardous properties. The procedure of recognising hazardous materials 
shall be documented under the management system. 

Qualified staff shall investigate each consignment by visual inspection. 

Qualified staff shall investigate each consignment by visual inspection. 

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. 

limits 

laid  down 

in  Commission  Decision 
concentration 
2000/532/EC1 and not exceed the concentration limits laid down 
in  Annex  IV  to  Regulation  (EC)  No  850/2004  of  the  European 
Parliament and the Council2. 

Properties  of  alloy  metals  included  in  copper  alloys  are  not 
relevant for this requirement.  

1.7 

1.8 

The  scrap  does  not  contain  any  pressurised,  closed  or 
insufficiently  open  containers  that  could  cause  explosions  in  a 
metal work furnace. 

The scrap shall not contain PVC in form of coatings, paints, or 
residual plastics. 

Section 2. Waste used as input for the recovery operation 

2.1 

2.2 

Only  waste  that  contained  recoverable  copper  or  copper  alloys 
may be used as input. 

Hazardous  waste  shall  not  be  used  as  an  input  except  where 
proof  is  provided  that  the  processes  and  techniques  specified 
under  'criteria  on  treatment  and  techniques'  to  remove  all 
hazardous properties have been applied. 

2.3 

The following wastes shall not be used as an input: 

(a) 

filings and turnings that contain fluids such as oil or 

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OJ L 226, 6.9.2000, p. 3. 
OJ L 158, 30.4.2004, p. 7. 

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oily emulsions and  

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

Setion 3. Treatment processes and techniques 

3.1 

3.2 

The copper scrap shall have been segregated at source or while 
collecting or the input wastes shall have been treated to separate 
the  copper  scrap  from  the  non-metal  and  non-copper  metal 
components.  The  copper  scrap  resulting  from  these  operations 
shall be kept separate from any other waste. 

All  mechanical  treatments  (like  cutting,  shearing,  shredding  or 
de-polluting, 
separation, 
granulating; 
emptying) needed to prepare the metal scrap for direct input into 
final use shall have been completed. 

cleaning, 

sorting, 

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/EC3 of the European 

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OJ L 37, 13.02.2003, p.24. 

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Parliament  and  of  the  Council  and  by  Article  6  of 
Directive  2000/53/EC4  of  the  European  Parliament 
and of the Council; 

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

(c)  Cables  shall  have  been  chopped  or  stripped.  If  a 
the 
cable  contains  organic  coatings  (plastics), 
organic  coatings  shall  have  been  removed 
in 
accordance with best available techniques; 

(d)  Barrels  and  containers  shall  have  been  emptied  and 

cleaned; 

(e)  Hazardous  substances  in  waste  not  mentioned  in 
point  (1)  shall  have  been  efficiently  removed  in  a 
process  which 
the  competent 
is  approved  by 
authority. 

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OJ L 269, 21.10.2000, p.34. 

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Annex II 

Statement of Conformity with the end-of-waste criteria referred to in Article 4(1) 

1.  Producer/importer of the copper scrap: 

Name: 

Address: 

Contact person: 

Tel: 

Fax: 

E-mail: 

2.  a) Name or code of the scrap metal category, in accordance with an industry specification 

or standard: 

b)Where  relevant,  main  technical  provisions  of  a  customer  specification,  such  as 
composition, size, type and properties: 

3.  The  scrap  metal  consignment  complies  with  the  industry  specification  or  standard 

referred to in point 2 (a) or with the customer specification to in point 2 (b). 

4.  Quantity of the consignment in kg:  

5.  A  radioactivity  test  certificate  has  been  established  in  accordance  with  national  or 
international rules on monitoring and response procedures for radioactive scrap metal. 

6.  The  producer  of  scrap  metal  applies  a  management  system  complying  with  the 
requiremets  of  Regulation  (EU)  No…[will  be  inserted  once  this  regulation  adopted], 
which  has  been  verified  by  an  accredited  conformity  assessment  body  or  by  an 
environmental  verifier  or,  where  scrap  metal  which  has  ceased  to  be  waste  is  imported 
into the customs territory of the Union, by an independent external verifier.  

7.  The scrap metal consignment meets the criteria referred to in Article 3(1), (2) and (3) of 

Regulation (EU) No…[will be inserted once this regulation adopted]. 

8.  Declaration of the producer/importer of scrap metal : I certify that the above information 

is complete and correct to the best of my knowledge: 

Name:  

Date: 

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Signature: 

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