END-OF-WASTE When certain types of scrap metal cease to be waste
•Download as PPTX, PDF•
1 like•1,253 views
Author: Alicia García-Franco. CEO. Spanish Federation of Recovery and Recycling FER members Represent 90% of the scrap recovered in Spain FER member companies plus member associations represent over 440 companies.
Recommended
Recommended
More Related Content
What's hot
What's hot (20)
Viewers also liked
Viewers also liked (16)
Similar to END-OF-WASTE When certain types of scrap metal cease to be waste
Similar to END-OF-WASTE When certain types of scrap metal cease to be waste (20)
More from Federación Española de la Recuperación y el Reciclaje
More from Federación Española de la Recuperación y el Reciclaje (20)
Recently uploaded
Recently uploaded (20)
END-OF-WASTE When certain types of scrap metal cease to be waste
- 1. October 2012 Alicia García-Franco Federación Española de la Recuperación y el Reciclaje
- 2. FER Background Regulation 333/2011 Exportations REACH REACH: Recovered Substances Penalties for non-compliance
- 3. 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
- 4. Our members ELV dismantling Shredders Post-Shredder/Media separationWaste processing Non-hazardous & hazardous managers. Carriers. Demolition waste managers. etc WEEE treatment Used Tyres treatment
- 5. Our members FER members Associations member of FER FER represents more than 440 companies FER members represent 90 % of the scrap recovered in Spain
- 6. Associations members of FER REGIONAL NATIONAL
- 7. International Representation BIR EUROMETREC Since 1995 EFR Since 1995 Ion Olaeta (FER President) Was Chairman Metal and Media Separation Committee Alvaro Rodriguez (FER Board of Directors) Was Chairman International Environmental Council
- 8. End-of-Waste
- 9. Background 2002 • Sixth Environment Action Programme. 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 November 2008 on waste.
- 10. Background • COURT OF JUSTICE OF THE EUROPEAN UNION • Mayer Perry Case • Niselli Case
- 11. 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:
- 12. 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)
- 13. 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.
- 14. 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
- 15. Background IPTS FINAL REPORTS Have shown that iron, steel and aluminum scrap comply with Article 6 of the WFD conditions. Regulation 333/2011
- 16. 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 wich contain or have contained oil or paints PROCESSES SEGREGATION MECHANICAL TREATMENTS Specific requirements for waste containing hazardous components QUALITY MANAGEMENT SUITABLE VERIFIED ( every 3 years) MONITORING REQUIREMENTS STATEMENT OF CONFORMITY CARACTERISTICS RADIOACTIVITY VERIFICATION STATEMENT
- 17. 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.
- 18. Regulation 333/2011 STATEMENT OF CONFORMITY - ANNEX III
- 19. Regulation 333/2011 All the conditions established in Annex I/Annex II are fullfilled A verified quality management is implemented A statement of conformity is issued for each consigment PRODUCT If these 3 conditions aren´t fulfilled the scrap can not be a product
- 20. Regulation 333/2011 WASTE PRODUCT WASTE PRODUCT WASTE PRODUCT
- 22. Regulation 333/2011 • This recognizes the processing, cleaning and homogenization work performed by the recycling sector. MAIN FOCUS ON RECYCLERS
- 23. 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.
- 24. Exportations IRON, STEEL AND ALUMINIUM EXPORTATIONS WASTE Regulation 1013/2006 on shipments of waste PRODUCT Annex III: Statement of conformity
- 25. REACH IMPLICATIONS Article 2.2 Regulation concerning REACH • ¿What´s waste? Waste as defined in waste legislation. • Waste is not a material subjected to Registration, Evaluation or Authorisation. 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.
- 26. REACH: Recovered Substances • In principle, the recovered substances have the same obligations 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 the European Union.
- 27. REACH: Recovered Substances CONDITIONS REGISTRATION Substances, on their own, in mixtures or in articles, have been registered SAMENESS The substance that results from the recovery process is the same as the substance that has been registered DATASHEET The information required by Articles 31 or 32
- 28. REACH: Recovered Substances 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.
- 29. REACH: Recovered Substances 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.
- 30. REACH: Recovered Substances CONDITIONS REGISTRATION Substances, on their own, in mixtures or in articles, have been registered SAMENESS The substance that results from the recovery process is the same as the substance that has been registered DATASHEET The information required by Articles 31 or 32
- 31. REACH: Recovered Substances 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.
- 32. REACH: Recovered Substances CONDITIONS REGISTRATION Substances, on their own, in mixtures or in articles, have been registered SAMENESS The substance that results from the recovery process is the same as the substance that has been registered DATASHEET The information required by Articles 31 or 32
- 33. REACH: Recovered Substances 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 for aluminum, steel or stainless steel developed by EFR and EUROMETREC.
- 35. REACH: Recovered Substances Documentation distributed to FER members
- 36. 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.
- 37. Next Works for End of Waste Criterias • GlassAdopted (Tac 9th July) • Copper and Alloys (Brass and Bronze) • Paper In Progress for adoption • TyresIPTS- Work 2013
- 38. 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 for product/waste, may with time… It´s a good solution for transboundry trade
Editor's Notes
- First I will speak of the Spanish Federation of recovery and recycling and the history of the end of waste status. Then I will focus on the current existing regulations of the end of waste, Regulation 333/2011. Then what are the document obligations to export and finally involvement so end of waste status with the REACH (Regulation of assessment and analysis of chemical substances)
- The main members of the federation are
- FER members Represent 90% of the scrap recovered in Spain FER member companies plus member associations represent over 440 companies.
- Inside FER there are six regional associations regarding recycling of metals: Madrid, Asturias, Basque Country, Andalusia, Murcia and the Canary Islands. They are also the association of aluminum refiners and recyclers association of wooden pallets. Unity is strength
- Our International representation derives from the following positions And we belong
- Focusing now on my speech about End of waste status and the spanish experience, which is the reason for my presence this morning, Im going to talk something about th history.
- For many years we have been working in the European Union to develop criteria for declassification of scrap processed as waste . Already in 2002, under the Sixth Community Environment Action Programme was promoted to develop or revise waste legislation, which included make a clear distinction between waste and non-waste. By following these guidelines, in the following years began the process to revise the existing Directives on waste, which culminated in the adoption in late 2008 of the new Directive 2008/98/EC of 19 November 2008 on waste , which provides the legislative framework for waste management in Europe in the coming years..
- These works were also driven by the jurisprudence of the European Court of Justice, the most famous being those case law of Mayer Perry and Niselli .
- End-of-waste status 1. Certain specified waste shall cease to be waste within the meaning of point (1) of Article 3 when it has undergone a recovery, including recycling, operation and complies with specific criteria to be developed in accordance with the following conditions: (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. The criteria shall include limit values for pollutants where necessary and shall take into account any possible adverse environmental effects of the substance or object. 2. The measures designed to amend non-essential elements of this Directive by supplementing it relating to the adoption of the criteria set out in paragraph 1 and specifying the type of waste to which such criteria shall apply shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 39(2). End-of-waste specific criteria should be considered, among others, at least for aggregates, paper, glass, metal, tyres and textiles. 3. Waste which ceases to be waste in accordance with paragraphs 1 and 2, shall also cease to be waste for the purpose of the recovery and recycling targets set out in Directives 94/62/EC, 2000/53/EC, 2002/96/EC and 2006/66/EC and other relevant Community legislation when the recycling or recovery requirements of that legislation are satisfied. 4. Where criteria have not been set at Community level under the procedure set out in paragraphs 1 and 2, Member States may decide case by case whether certain waste has ceased to be waste taking into account the applicable case law. They shall notify the Commission of such decisions in accordance with Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (1) where so required by that Directive.
- Any proposal by the Commission of end-of-waste criteria needs substantial technical preparation. Therefore the JRC-IPTS (Institute for Prospective Technological Studies produced a study report with the help of a technical working group composed of experts from the different Member States and involving experts from all relevant stakeholders. The study includes all the necessary information and as far as possible makes proposals of end-of-waste for iron, steel and aluminum in conformity with Article 6 of the WFD.
- The technical proposals were developed based on the contributions of technical experts from Member States and the stakeholders by means of a technical expert group.
- In this small group have participated as representatives of the recycling industry, the Spanish Federation of Recovery and Recycling (FER) with other European associations and European Associations of ferrous and non ferrous metals (EFR and EUROMETREC). The work of the representatives of the industry has been trying to establish key criteria as clear as possible and to the extent possible to adapt to the reality of our business, but as often happens when involve other agents, all sides have to give to achieve consensus, so always find areas that could be improved.
- As a result of all this work, IPTS reports have shown that scrap iron, steel and aluminum meet the objectives set out in Article 6 of the Waste Framework Directive, as there is : market demand for these scrap for use as raw material in steel mills, aluminum smelters and refineries with the intention of producing metals, the scrap iron, steel and aluminum meet the standards and specifications required by the industry of metal production, as well as legislation and existing standards for the products, and does not result in an overall negative impact on the environment or health. Finally, after spending these final reports by the joint decision process between the Commission and the European parliament, on April 8 published the first regulation to waste status, Regulation No. 333/2011, which sets the criteria determining when scrap iron, steel and aluminum cease to be waste once processed, and are treated as products, This regulation begin to apply from October 9, 2011.
- The only existing regulation is Regulation 333/2011 for steel, iron and aluminum. This regulation requires basically three points that must be met in order to be PRODUCT When:
- then we will illustrate several examples of scrap waste or product
- Role of the recovery and Recycling sector With this reform, recovery companies are recognized his role as a key link in the whole process of treatment and recycling developing into new raw materials. This recognizes the work of processing, cleaning and homogenization carried out by the recovery and recycling sector , to finally obtain recycled materials that serve as raw material for steel and aluminum refineries.
- However, we must emphasize the following aspects: -Applies only to the free choice of the recycler. A very important issue and FER as part of the work done in the IPTS continued, is that the application of the criteria of the end of waste status, chosen by the manager, through the declaration of conformity. Can not forget that the passage of waste scrap in substance "new" has implications for the company, and may involve the need for significant changes in the production process that may occur that can not or will not perform. As these criteria apply to waste is a free and voluntary choice of the recycling companies. - Not applicable to all scrap Not all scrap will cease being waste, but this new law only establishes procedures for steel and aluminum scrap, and only if they meet the criteria laid down in Regulation. So if not met, will continue to waste as usual. - Declaration of Conformity Each shipment of scrap the producer (the producer is the holder who transfers scrap metal to another holder for the first time as scrap metal which has ceased to be waste) or importer must issue a declaration of conformity to the next holder of the shipment to the model in Annex III of the Regulation.
- - As waste: The transfer is still doing business as usual, according to the procedure laid down in Regulation 1013/2006 on shipments of waste. When the target of this type of scrap recovery and is governed by the procedure of information (Article 18 of Regulation 1013/2006) is needed: Complete and carry the burden accompanying Annex VII. Establish a contract between the person who arranges the shipment and the consignee, specifying that if the transfer of the waste or its recovery can not be carried out in accordance with the provisions or is effected as an illegal shipment, the person who arranges the shipment or, if that person is unable to conclude the transfer or its recovery (for example, in case of insolvency), for the recipient, shall: take back the waste back or ensure its recovery in an alternative way, and if necessary, provide storage meantime. We must keep a copy of the contract, if the competent authority so requests. AS PRODUCT As mentioned above, to date it can only be applied to certain ferrous and aluminum scrap, and only when it meets the following requirements: Meet all the criteria set out in Regulation 333/2011 on scrap quality, treatment processes and techniques, materials permitted entry, etc. Implement a system of Quality Management verified that consist of a series of documented procedures and controls to demonstrate compliance with the criteria as brand Article 6 of Regulation. Issue a Statement of Compliance for each shipment, according to the model in Annex III of Regulation 333/2011.
- Article 2(2) of REACH provides that "waste as defined in Directive 2006/12/EC4 of the European Parliament and of the Council is not a substance, preparation or article within the meaning of Article 3 of this Regulation." Therefore, REACH requirements for substances, mixtures and articles do not apply to waste5. This does not, however, mean that substances in waste are totally exempted from REACH. Manufacturers or importers of a substance as such, in mixtures or in articles (hereinafter referred to as “substance”) subject to registration under REACH are obliged to take the waste life-cycle stage of the substance into account, where relevant,
- It should be recalled that importers of substances recovered outside the borders of the European Economic Area (EEA) cannot benefit from the exemption under Article 2(7)(d) of REACH as it only applies to recovery within the EEA.
- The Spanish Federation of Recovery and recycling partners have distributed a dossier to help its members to comply with the legislation. This documentation is composed of: -Legal report that analises the main points and implications of this regulation. - List of substances registered -Sameness argument document for aluminium alloys made by EFR and EUROMETREC. - Safety Information documents for aluminum, steel or stainless steel developed by EFR and EUROMETREC
- For example in Spain not fulfill the registration requirement is penalized from 85.001 euros to 1.200.000 euros.
- For example in Spain not fulfill the registration requirement is penalized from 85.001 euros to 1.200.000 euros.
- However, we must emphasize the following aspects: -Applies only to the free choice of the recycler. A very important issue and FER as part of the work done in the IPTS continued, is that the application of the criteria of the end of waste status, chosen by the manager, through the declaration of conformity. Can not forget that the passage of waste scrap in substance "new" has implications for the company, and may involve the need for significant changes in the production process that may occur that can not or will not perform. As these criteria apply to waste is a free and voluntary choice of the recycling companies. - Not applicable to all scrap Not all scrap will cease being waste, but this new law only establishes procedures for steel and aluminum scrap, and only if they meet the criteria laid down in Regulation. So if not met, will continue to waste as usual. - Declaration of Conformity Each shipment of scrap the producer (the producer is the holder who transfers scrap metal to another holder for the first time as scrap metal which has ceased to be waste) or importer must issue a declaration of conformity to the next holder of the shipment to the model in Annex III of the Regulation.