Law 115/2024 scrap: obligation to notify export of scrap extended

With Law 8 August 2024 n. 115 of conversion of Legislative Decree 84/2024, in force from 14 August 2024, the obligation to notify exports of scrap, already foreseen for ferrous metals, has been extended to aluminum, copper and zinc. The purpose of the notification is to prevent problems of lack of strategic raw materials essential for national manufacturing.

In the new law, the quantitative thresholds beyond which notification is necessary have not yet been set for aluminum, copper and zinc, therefore at the moment all exports of non-ferrous scrap must be notified.

The Government may, however, introduce new quantitative thresholds and modify those already established for ferrous scrap. The measure will be in force until 31 December 2026 and provides for administrative sanctions for those who do not comply with the notification obligation equal to 30% of the value of the transaction and in any case not less than 30,000 euros for each individual transaction and without prejudice to the consequences relating to any false declarations to the public administration.

Law 115/2024 scrap: Article 30 - Provisions on the supply of critical raw materials

Here we report a summary of the new law 115/2024 scrap with the changes made.

By decree of the President of the Council of Ministers, on the proposal of the Ministry of Economic Development and the Ministry of Foreign Affairs and International Cooperation, on the basis of the relevance for the national interest and the prejudice that would arise from the operation, also in relation to the need to supply strategic production chains, the critical raw materials are identified, for which export operations outside the European Union are subject to the notification procedure referred to in paragraph 2.

Metal scrap included in codes 7204, 7404, 7602 and 79021 of the combined nomenclature of even non-originating in Italy, constitute critical raw materials and their export is subject to the notification obligation referred to in paragraph 2, if the quantity of ferrous scrap is greater than 250 tonnes, or if the sum of the quantity of ferrous scrap subject to the operations carried out during each calendar month is greater than 500 tonnes. With the single operation that exceeds 500 tonnes in the course of each calendar month, to be notified within the terms set out in paragraph 2, it is acknowledged that the limit has been exceeded as a result of previous exports.

With the same procedure as in the first period, in derogation from the second and third periods, the quantities referred to in codes 7404, 7602 and 7902 which must be notified pursuant to paragraph 2 may be indicated. Those who intend to export from the national territory, directly or indirectly, outside the European Union the critical raw materials identified pursuant to paragraph 1 or the ferrous scrap referred to in the same paragraph 1 are required to notify, at least sixty days before the export date, the Ministry of Economic Development and the Ministry of Foreign Affairs and International Cooperation with complete information on the operation.

Unless the act constitutes a crime, anyone who does not comply with the obligation referred to in paragraph 2 is subject to an administrative pecuniary sanction equal to 30% of the value of the operation and in any case not less than 30,000 euros for each individual operation.

The Permanent Table for monitoring trade in ferrous scrap and other critical raw materials is established at the Ministry of Foreign Affairs and International Cooperation, also in order to evaluate and promote safeguard actions compatible with European and international law. The Permanent Table is composed of representatives of the Ministries of Foreign Affairs and International Cooperation and of Business and Made in Italy, of the Customs and Monopolies Agency, of the ICE-Italian Agency for the promotion abroad and the internationalization of Italian companies, as well as of the trade associations involved from time to time. Representatives of other Ministries with expertise in the matters covered by the topics on the agenda may be invited to the meetings.

Source: A&L Aluminium Alloys Pressure Diecasting Foundry Techniques