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Article 5 Management system

United Kingdom

Original text. Later amendments are not shown.

1.

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

2.

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

(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.

3.

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

4.

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.

5.

A conformity assessment body, as defined in Regulation (EC) No 765/2008 of the European Parliament and of the Councilf1, which has obtained accreditation in accordance with that Regulation, F1... shall verify that the management system complies with the requirements of this Article. The verification shall be carried out every 3 years.

Only verifiers with the following scope of accreditation or licence based on the F2UK Standard Industrial Classification (SIC) by Economic Activity, issued under section 9 of the Statistics and Registration Service Act 2007, as updated from time to time:

(a)

F3UKSICEA Code 38 (Waste collection, treatment and disposal activities; material recovery); or

(b)

F4UKSICEA Code 24 (Manufacture of basic metals) especially including the sub-code 24.44 (Copper production).

6.

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.

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

(a)

an accreditation body successfully peer evaluated for this activity by the body recognised in Article 14 of Regulation (EC) No 765/2008;

F5(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F6....

7.

The producer shall give competent authorities access to the management system upon request.

Annotations

Textual amendments

F1

Words in Art. 5(5) omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in Art. 5(5) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(4)(a)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F3

Word in Art. 5(5)(a) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(4)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F4

Word in Art. 5(5)(b) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(4)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F5

Art. 5(6)(b) omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F6

Words in Art. 5(6) omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Footnotes

f1

OJ L 218, 13.8.2008, p. 30.