end-of-waste when certain types of scrap metal cease to be waste

October 2012

Alicia García-FrancoFederación Española de la Recuperación y el Reciclaje

FER

Background

Regulation 333/2011

Exportations

REACH

REACH: Recovered Substances

Penalties for non-compliance

Spanish representative before international,

european and national Organizations

FER

FER, main recycling industry association,defends the interests

of the Spanish recycling sector in different

economic, technical and social fields

Since 1982

Our members

ELV dismantling

Shredders Post-Shredder/Media separationWaste processing

Non-hazardous & hazardous managers. Carriers. Demolition waste managers. etc

WEEE treatment Used Tyres treatment

Our members

FER members

Associationsmember of

FER

FER representsmore than

440 companies

FER members represent 90 % of the scrap recovered in Spain

Associations members of FER

REGIONAL NATIONAL

International Representation

BIR

EUROMETRECSince 1995

EFRSince 1995

Ion Olaeta (FER President)Was Chairman Metal and

Media Separation Committee

Alvaro Rodriguez (FER Board of Directors)

Was Chairman International Environmental Council

End-of-Waste

Background

2002

• Sixth Environment ActionProgramme.

The strategy calls for the development or revision of the legislation on waste, including a clarification of the distinction between waste and non-waste.

Revision of the legislation on waste.

Directive 2008/98/CE of 19 November2008 on waste.

Background

• COURT OF JUSTICE OF THE EUROPEAN UNION

• Mayer Perry Case

• Niselli Case

Background

• a) The substance or object is commonly used for specific purposes;

• b) A market or demand exists for such a substance or object;

• c) The substance or object fulfils the technical requirements for the specific purposes and meets the existing legislation and standards applicable to products; and

• d) The use of the substance or object will not lead to overall adverse environmental or human health impacts.

Directiva 2008/98/CE ARTICLE 6: Certain specified waste shall cease to be waste when it has undergone a recovery, including recycling, operation and complies with:

Background

Article 6.2

End-of-waste specific criteria should be considered, among others, at least for aggregates, paper, glass, METAL, tyres and textiles.

The adoption of the specific criteria and specifying the type of waste to which such criteria shall apply shall be adopted in accordance with the regulatory procedure.

Institute for Prospective Technological Studies(JRC-IPTS)

Background

WORKING GROUP

IPTS

EUROPEAN COMMISSION

MEMBER STATES

NGO

INDUSTRY

AIM: to prepare technical proposals that include all the necessary information and as far as possible makes proposals of end-of-waste for: iron, steel and aluminum scrap, copper, paper, glass in conformity with Article 6 of the WFD.

Background

Recycling sector

National Federation in the EU

EFR(European Ferrous Recovery and Recycling Federation)

EUROMETREC

(European Metal Trade and Recycling Federation )

We were essential to bring the recycling sector point of view

Background

IPTS FINAL REPORTS

Have shown that iron, steel and aluminum scrap comply with Article 6 of the WFD conditions.

Regulation333/2011

Regulation 333/2011

QUALITY

GRADES

STERILES <2%/5%

FERROUS OXIDE

FREE OF VISIBLE OIL

RADIOACTIVITY TEST

NO HAZARDOUS PROPERTIES

NO PRESSURISED OR CLOSED CONTAINERS

INPUT

CONTAINING RECOVERABLE

METAL

HAZARDOUS WASTE

No filings and turnings with

oils

No barrels and containers wichcontain or havecontained oil or

paints

PROCESSES

SEGREGATION

MECHANICAL TREATMENTS

Specificrequirements

for wastecontaininghazardous

components

QUALITY MANAGEMENT

SUITABLE

VERIFIED

( every 3 years)

MONITORING

REQUIREMENTS

STATEMENT OF CONFORMITY

CARACTERISTICS

RADIOACTIVITY

VERIFICATION

STATEMENT

Regulation 333/2011

QUALITY MANAGEMENT– DOCUMENTED PROCEDURES

Acceptance control of waste used as input for the recovery operation;

Monitoring of the treatment processes and techniques;

Monitoring of the quality of scrap metal resulting from the recovery operation;

Effectiveness of the radiation monitoring;

Feedback from customers concerning compliance with scrap metal quality;

Record keeping of the results of monitoring ;

Review and improvement of the quality management system;

Training of staff.

Regulation 333/2011

STATEMENT OF CONFORMITY - ANNEX III

Regulation 333/2011

All the conditions established in Annex I/Annex II are fullfilled

A verified quality management isimplemented

A statement of conformity isissued for each consigment

PRODUCT

If these 3 conditions aren´t fulfilled the scrap can not be a product

Regulation 333/2011

WASTE PRODUCT

WASTE PRODUCT

WASTE PRODUCT

Regulation 333/2011

ALWAYS WASTE

Regulation 333/2011

• This recognizes the processing, cleaning and homogenization work performed by the recycling sector.

MAIN FOCUS ON RECYCLERS

Regulation 333/2011

Explanations

It´s voluntary

It´s applied only to materials processed by a manager.

Not every scrap material will cease to be waste.

A statement of conformity is essential.

Exportations

IRON, STEEL AND ALUMINIUM EXPORTATIONS

WASTE

Regulation 1013/2006 on shipments of waste

PRODUCT

Annex III: Statement of conformity

REACH IMPLICATIONS

Article 2.2 Regulation concerningREACH

• ¿What´s waste? Waste as defined in waste legislation.

• Waste is not a material subjected toRegistration, Evaluation orAuthorisation.

Art 2.2: Waste as defined in Directive 2006/12/EC of the European Parliament and of the Council is not a substance, preparation or article within the meaning of Article 3 of this Regulation.


• In principle, the recoveredsubstances have the sameobligations as original substances,

But

– Shall be exempted from REGISTRATION, DOWNSTREAM USERS and EVALUATION if they fulfill article 2.7.d) conditions

* This exemption applies only to substances recovered in theEuropean Union.


CONDITIONS

REG

ISTR

ATI

ON Substances,

on their own, in mixtures or in articles, have been registered

SAM

ENES

S The substance that results from the recovery process is the same as the substance that has been registered

DA

TA S

HEE

T The information required by Articles 31 or 32


A. THE SAME SUBSTANCE HAS BEEN REGISTERED BEFORE

Aluminium, iron, copper, nickel are already registered: ECHA

web.

There is no requirement that the substance has been registered by an actor in the same supply chain or has any link between the initial and recovery registrar.

Alloys are considered as (special) mixtures and the substances in those mixtures are subject to registration.


A. THE SAME SUBSTANCE HAS BEEN REGISTERED BEFORE

Duty to communicate information down the supply chain for substances for which a safety data sheet is not required (aluminium, steel for example), if available:

Regulation REACH: Article 32.1. a).

ECHA Guidance on waste and recovered substances: Section 2.4.3.


CONDITIONS

REG

ISTR

ATI

ON Substances,


SAM

ENES


DA

TA S

HEE



B. SAMENESS OF SUBSTANCE ALREADY REGISTERED

The substance that results from the recovery process has the same chemical identity and properties as the substance that has been registered.

Scrap metal entering processing plants are crushed and shredded for example but are not chemically altered.

The argument must be put forward only if the competent authority explicitly asks the question.

Sameness document for aluminium alloys made by EFR and EUROMETREC.


CONDITIONS

REG

ISTR

ATI

ON Substances,


SAM

ENES


DA

TA S

HEE



C. INFORMATION REQUIRED BY ARTICLES 31 OR 32

The legal entity that did the recovery must ensure that information on the registered substance is available to it.No Safety Data Sheet (SDS) required for aluminum or steel other information sufficient.

Safety Information documents foraluminum, steel or stainless steel developed by EFR and EUROMETREC.


Documentationdistributed to FER

members

Penalties for non-compliance

Member States shall lay down the provisions on penalties applicable for infringement of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.

Next Works for End of Waste Criterias

• GlassAdopted

(Tac 9th July)

• Copper and Alloys (Brassand Bronze)

• Paper

In Progressfor adoption

• TyresIPTS- Work2013

Conclusions - Key Points

It´s voluntary

It´s applied only to materials processed by a manager.

Not every scrap material will cease to be waste.

A statement of conformity is essential.

It is not difficult to comply for our sector.

Until now the smelters will not pay more forproduct/waste, may with time…

It´s a good solution for transboundry trade

THANKS FOR YOUR

ATTENTION

[email protected]

www.recupeacion.org