Council Regulation (EU) No 333/2011Show full title

Article 1 U.K. Subject matter

This Regulation establishes criteria determining when iron, steel and aluminium scrap, including aluminium alloy scrap, cease to be waste.

Article 2 U.K. 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 U.K. 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 U.K. 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 U.K. 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 U.K. 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;

(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 accreditation 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 U.K. 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.