HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 94/2
EN
Official Journal of the European Union
8.4.2011
REGULATIONS
COUNCIL REGULATION (EU) No 333/2011
of 31 March 2011
establishing criteria determining when certain types of scrap metal cease to be waste under
Directive 2008/98/EC of the European Parliament and of the Council
THE COUNCIL OF THE EUROPEAN UNION,
shown that the proposed criteria on the waste used as
input in the recovery operation, on the treatment
processes and techniques, as well as on the scrap metal
Having regard to the Treaty on the Functioning of the European
resulting from the recovery operation, fulfil those
Union,
objectives since they should result in the production of
iron, steel and aluminium scrap devoid of hazardous
properties and sufficiently free of non-metallic
compounds.
Having regard to Directive 2008/98/EC of the European

Parliament and of the Council of 19 November 2008 on
waste and repealing certain Directives ( 1 ) and in particular
Article 6(2) thereof,
(4) In
order
to
ensure
compliance
with
the
criteria,
it
is
appropriate to provide that information on scrap metal
which has ceased to be waste is issued and that a quality
Having regard to the proposal from the European Commission,
management system is implemented.
After submission of the proposed measures to the European
(5) A
review
of
the
criteria
may
prove
necessary
if,
on
the
Parliament,
basis of a monitoring of the development of market
conditions for iron and steel scrap and aluminium
scrap, adverse effects on recycling markets for iron and
steel scrap and aluminium scrap are noted, in particular
Whereas:
with regard to the availability of, and access to, such
scrap.
(1) It
results
from
an
evaluation
of
several
waste
streams
that
recycling markets for scrap metal would benefit from the
(6)
In order to allow operators to adapt to the criteria deter
development of specific criteria determining when scrap
mining when scrap metal ceases to be waste, it is appro
metal obtained from waste ceases to be waste. Those
priate to provide for a reasonable period to elapse before
criteria should ensure a high level of environmental
this Regulation applies.
protection. They should be without prejudice to the
classification of scrap metal as waste by third countries.
(7) The
Committee
established
by
Article
39(1)
of
Directive
2008/98/EC has not delivered an opinion on the
(2)
Reports of the Joint Research Centre of the European
measures provided for in this Regulation and the
Commission have shown that a market and demand
Commission therefore submitted to the Council a
exist for iron, steel and aluminium scrap to be used as
proposal relating to the measures and forwarded it to
feedstock in steel works, foundries, aluminium refiners
the European Parliament.
and remelters for the production of metals. Iron, steel
and aluminium scrap should therefore be sufficiently
pure and meet the relevant scrap standards or specifi
cations required by the metal producing industry.
(8)
The European Parliament has not opposed the proposed
measures,
(3) The
criteria
determining
when
iron,
steel
and
aluminium
scrap cease to be waste should ensure that iron, steel and
HAS ADOPTED THIS REGULATION:
aluminium scrap resulting from a recovery operation
meet the technical requirements of the metal producing
industry, comply with existing legislation and standards
Article 1
applicable to products and do not lead to overall adverse
environmental or human health impacts. Reports of the
Subject matter
Joint Research Centre of the European Commission have
This Regulation establishes criteria determining when iron, steel
and aluminium scrap, including aluminium alloy scrap, cease to
( 1 ) OJ L 312, 22.11.2008, p. 3.
be waste.

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EN
8.4.2011 Official
Journal
of
the
European
Union L
94/3
Article 2
Article 4
Definitions
Criteria for aluminium scrap
For the purposes of this Regulation, the definitions set out in
Aluminium scrap, including aluminium alloy scrap, shall cease
Directive 2008/98/EC shall apply.
to be waste where, upon transfer from the producer to another
holder, all of the following conditions are fulfilled:
In addition, the following definitions shall apply:
(a) the waste used as input in the recovery operation complies
with the criteria set out in Section 2 of Annex II;
(a) ‘iron and steel scrap’ means scrap metal which consists
mainly of iron and steel;
(b) the waste used as input in the recovery operation has been
treated in accordance with the criteria set out in Section 3
(b) ‘aluminium scrap’ means scrap metal which consists mainly
of Annex II;
of aluminium and aluminium alloy;
(c) the aluminium scrap resulting from the recovery operation
(c) ‘holder’ means the natural or legal person who is in
complies with the criteria set out in Section 1 of Annex II;
possession of scrap metal;
(d) the producer has satisfied the requirements set out in
Articles 5 and 6.
(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;
Article 5
Statement of conformity
(e) ‘importer’ means any natural or legal person established
1. The
producer
or
the
importer
shall
issue,
for
each
within the Union who introduces scrap metal which has
consignment of scrap metal, a statement of conformity in
ceased to be waste into the customs territory of the Union;
accordance with the model set out in Annex III.
(f) ‘qualified staff’ means staff which is qualified by experience
2. The
producer
or
the
importer
shall
transmit
the
statement
or training to monitor and assess the properties of scrap
of conformity to the next holder of the scrap metal
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
(g) ‘visual inspection’ means inspection of scrap metal covering
authorities upon request.
all parts of a consignment and using human senses or any
non-specialised equipment;
3. The
statement
of
conformity
may
be
in
electronic
form.
(h) ‘consignment’ means a batch of scrap metal which is
Article 6
intended for delivery from a producer to another holder
and may be contained in either one or several transport
Quality management
units, such as containers.
1. The
producer
shall
implement
a
quality
management
system suitable to demonstrate compliance with the criteria
Article 3
referred to in Articles 3 and 4, respectively.
Criteria for iron and steel scrap
2. The
quality
management
system
shall
include
a
set
of
Iron and steel scrap shall cease to be waste where, upon transfer
documented procedures concerning each of the following
from the producer to another holder, all of the following
aspects:
conditions are fulfilled:
(a) acceptance control of waste used as input for the recovery
(a) the waste used as input for the recovery operation complies
operation as set out in Section 2 of Annexes I and II;
with the criteria set out in Section 2 of Annex I;
(b) monitoring of the treatment processes and techniques
described in Section 3.3 of Annexes I and II;
(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) 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);
(c) the iron and steel scrap resulting from the recovery
operation complies with the criteria set out in Section 1
(d) effectiveness of the radiation monitoring as set out in
of Annex I;
Section 1.5 of Annexes I and II, respectively;
(d) the producer has satisfied the requirements set out in
(e) feedback from customers concerning compliance with scrap
Articles 5 and 6.
metal quality;

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L 94/4
EN
Official Journal of the European Union
8.4.2011
(f) record keeping of the results of monitoring conducted
defined in Article 2(20)(b) of Regulation (EC) No 1221/2009 of
under points (a) to (d);
the European Parliament and of the Council of 25 November
2009 on the voluntary participation by organisations in a
(g) review and improvement of the quality management system;
Community eco-management and audit scheme (EMAS) ( 2 )
shall verify that the quality management system complies with
(h) training of staff.
the requirements of this Article. The verification should be
carried out every 3 years.
3. The
quality
management
system
shall
also
prescribe
the
specific monitoring requirements set out in Annexes I and II for
6. The
importer
shall
require
his
suppliers
to
implement
a
each criterion.
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.
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
7. The producer shall give competent authorities access to
quality management system which complies with the
the quality management system upon request.
requirements of this Article.
Article 7
5. A
conformity
assessment
body,
as
defined
in
Regulation
Entry into force
(EC) No 765/2008 of the European Parliament and of the
Council of 9 July 2008 setting out the requirements for accredi
This Regulation shall enter into force on the 20th day following
tation and market surveillance relating to the marketing of
its publication in the Official Journal of the European Union.
products ( 1 ), which has obtained accreditation in accordance
with that Regulation, or any other environmental verifier as
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
VLNER P.
( 1 ) OJ L 218, 13.8.2008, p. 30.
( 2 ) OJ L 342, 22.12.2009, p. 1.

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8.4.2011 Off
ANNEX I
Criteria for iron and steel scrap
Criteria
Self-monitoring requirements
1. Quality
of
scrap
resulting
from
the
recovery
operation
EN

1.1. The scrap shall be graded according to a customer specification, an industry specification or a Qualified staff shall grade each consignment.
standard for direct use in the production of metal substances or objects by steel works or
foundries.
1.2. The total amount of foreign materials (steriles) shall be ≤ 2 % by weight.
Qualified staff shall carry out a visual inspection of each consignment.
Foreign materials are:
At appropriate intervals (at least every 6 months), representative samples of foreign materials shall be
analysed by weighing after magnetic or manual (as appropriate) separation of iron and steel particles
(1) non-ferrous metals (excluding alloying elements in any ferrous metal substrate) and non-
icial
and objects under careful visual inspection.
metallic materials such as earth, dust, insulation and glass;
Jour
The appropriate frequencies of monitoring by sampling shall be established taking into account the
(2) combustible non-metallic materials such as rubber, plastic, fabric, wood and other chemical or following factors:
nal
organic substances;
(1) the expected pattern of variability (for example as shown by historical results);
of
(3) larger pieces (brick-size) which are non-conductors of electricity such as tyres, pipes filled with
the
cement, wood or concrete;
(2) the inherent risk of variability in the quality of waste used as input for the recovery operation and
any subsequent processing;
European
(4) residues arising from steel melting, heating, surface conditioning (including scarfing), grinding,
sawing, welding and torch cutting operations, such as slag, mill scale, baghouse dust, grinder (3) the inherent precision of the monitoring method; and
dust, sludge.
(4) the proximity of results to the limitation of the foreign materials’ content to a maximum of 2 % per
Union
weight.
The process of determining monitoring frequencies should be documented as part of the quality
management system and should be available for auditing.
1.3. The scrap shall not contain excessive ferrous oxide in any form, except for typical amounts arising Qualified staff shall carry out a visual inspection for the presence of oxides.
from outside storage of prepared scrap under normal atmospheric conditions.
1.4. Scrap shall be free of visible oil, oily emulsions, lubricants or grease except negligible amounts that Qualified staff shall carry out a visual inspection of each consignment, paying particular attention to
will not lead to any dripping.
those parts where oil is most likely to drip.
1.5. Radioactivity: there is no need for response action according to national or international rules on Qualified staff shall monitor the radioactivity of each consignment.
monitoring and response procedures for radioactive scrap metal.
Each consignment of scrap shall be accompanied by a certificate established in accordance with national
This requirement is without prejudice to the basic standards on the health protection of workers or international rules on monitoring and response procedures for radioactive scrap metal. The certificate
and members of the public adopted in acts falling under Chapter III of the Euratom Treaty, in may be included in other documentation accompanying the consignment.
L
particular Directive 96/29/Euratom (1 ).
94/5

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L 94/6
Criteria
Self-monitoring requirements
1.6. The scrap shall not display any of the hazardous properties listed in Annex III to Directive Qualified staff shall carry out a visual inspection of each consignment. Where visual inspection raises
2008/98/EC. The scrap shall comply with the concentration limits laid down in Decision any suspicion of possible hazardous properties, further appropriate monitoring measures shall be taken,
2000/532/EC (2 ) and shall not exceed the concentration limits laid down in Annex IV to Regu such as sampling and testing where appropriate.
lation (EC) No 850/2004 (3 ).
The staff shall be trained on potential hazardous properties that may be associated with iron and steel
Properties of individual elements included in iron and steel alloys are not relevant for this scrap and on material components or features that allow hazardous properties to be recognised.
EN
requirement.

The procedure for recognising hazardous materials shall be documented under the quality management
system.
1.7. The scrap shall not contain any pressurised, closed or insufficiently open containers that could Qualified staff shall carry out a visual inspection of each consignment.
cause an explosion in a metalwork furnace.
2. Waste
used
as
input
for
the
recovery
operation
Off
icial
2.1. Only waste containing recoverable iron or steel may be used as input.
Acceptance control of all waste received (by visual inspection) and of the accompanying documentation
shall be carried out by qualified staff which is trained on how to recognise waste that does not meet the
Jour
2.2. Hazardous waste shall not be used as an input except where proof is provided that the processes criteria set out in this Section.
and techniques specified in Section 3 of this Annex to remove all hazardous properties have been
nal
applied.
of
2.3. The following waste shall not be used as an input:
the
European
(a) filings and turnings that contain fluids such as oil or oily emulsions; and
(b) barrels and containers, except equipment from end-of-life vehicles, which contain or have
contained oil or paints.
Union
3. Treatment
processes
and
techniques
3.1. The iron or steel scrap shall have been segregated at source or while collecting and shall have been
kept separate or the input waste shall have been treated to separate the iron and steel scrap from
the non-metal and non-ferrous components.
3.2. All mechanical treatments (like cutting, shearing, shredding or granulating; sorting, separating,
cleaning, de-polluting, emptying) needed to prepare the scrap metal for direct input into final
use in steel works and foundries shall have been completed.
3.3. For waste containing hazardous components, the following specific requirements shall apply:
(a) input materials that originate from waste electrical or electronic equipment or from end-of-life
vehicles shall have undergone all treatments required by Article 6 of Directive 2002/96/EC of
the European Parliament and of the Council (4 ) and by Article 6 of Directive 2000/53/EC of
the European Parliament and of the Council (5 );
8.4.2011
(b) chlorofluorocarbons in discarded equipment shall have been captured in a process approved by
the competent authorities;

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8.4.2011 Off
Criteria
Self-monitoring requirements
(c) cables shall have been stripped or chopped. If a cable contains organic coatings (plastics), the
organic coatings shall have been removed in accordance with the best available techniques;
(d) barrels and containers shall have been emptied and cleaned, and
(e) hazardous substances in waste that is not mentioned in point (a) shall have been efficiently
EN
removed in a process which is approved by the competent authority.

(1 ) Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation (OJ L 159, 29.6.1996, p. 1).
(2 ) Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of
hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (OJ L 226, 6.9.2000, p. 3).
(3 ) Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants (OJ L 158, 30.4.2004, p. 7).
(4 ) OJ L 37, 13.2.2003, p. 24.
(5 ) OJ L 269, 21.10.2000, p. 34.
icial
Jour
nal
of
the
European
Union
L
94/7

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L 94/8
ANNEX II
Criteria for aluminium scrap
Criteria
Self-monitoring requirements
1. Scrap
quality
EN

1.1. The scrap shall be graded in accordance with a customer specification, an industry specification or Qualified staff shall grade each consignment.
a standard for direct use in the production of metal substance or objects by refining or re-melting.
1.2. The total amount of foreign materials shall be ≤ 5 % by weight or the metal yield shall be ≥ 90 %; The producer of the aluminium scrap shall check compliance by monitoring the amount of foreign
materials or by determining the metal yield.
Foreign materials are:
Qualified staff shall carry out visual inspection of each consignment.
(1) metals other than aluminium and aluminium alloys;
At appropriate intervals (at least every 6 months), representative samples of each grade of aluminium
Off
(2) non-metallic materials such as earth, dust, insulation materials and glass;
scrap shall be analysed to measure the total amount of foreign materials or the metal yield.
icial
(3) combustible non-metallic materials such as rubber, plastic, fabric, wood and other chemical or The representative samples shall be obtained in accordance with the sampling procedures described in
organic substances;
Jour
standard EN 13920 (1 ).
(4) larger pieces (brick-size) which are non-conductors of electricity such as tyres, pipes filled with
nal
The total amount of foreign materials shall be measured by weight after separating aluminium metallic
cement, wood or concrete; or
particles and objects from particles and objects consisting of foreign materials by hand sorting or other
of
(5) residues arising from the melting of aluminium and aluminium alloys, heating, surface condi means of separation (such as by magnet or by using density as a basis).
the
tioning (including scarfing), grinding, sawing, welding and torch cutting operations such as Metal yield shall be measured in accordance with the following procedure:
European
slag, dross, skimmings, baghouse dust, grinder dust, sludge.
(1) determination of mass (m 1) after removal and determination of moisture (in accordance with point
7.1 of the EN 13920-1:2002 standard);
(2) removal and determination of free iron (in accordance with point 7.2 of the EN 13920-1:2002
Union
standard);
(3) determination of the mass of the metal after melting and solidifying (m 2) following the procedure
for the determination of the metal yield in accordance with point 7.3 of the EN 13920-1:2002
standard;
(4) calculation of the metal yield m [%] = (m 2/m 1) × 100.
The appropriate frequencies of analysis of representative samples shall be established taking into
account the following factors:
(1) the expected pattern of variability (such as shown by historical results);
(2) the inherent risk of variability in the quality of waste used as input for the recovery operation and
in the performance of the treatment processes;
(3) the inherent precision of the monitoring method; and
(4) the proximity of results to the limit values for the total amount of foreign materials or the metal
yield.
8.4.2011
1.3. The scrap shall not contain polyvinyl chloride (PVC) in form of coatings, paints, plastics. Qualified
staff
shall
carry
out
a
visual
inspection
of
each
consignment.

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8.4.2011 Off
Criteria
Self-monitoring requirements
1.4. The Scrap shall be free of visible oil, oily emulsions, lubricants or grease except negligible amounts Qualified staff shall carry out a visual inspection of each consignment, paying particular attention to
that will not lead to any dripping.
those parts where oil is most likely to drip.
1.5. Radioactivity: there is no need for response action according to national or international rules on Qualified staff shall monitor the radioactivity of each consignment. Each consignment of scrap shall be
EN
monitoring and response procedures for radioactive scrap metal.
accompanied by a certificate established in accordance with national or international rules on moni

toring and response procedures for radioactive scrap metal. The certificate may be included in other
This requirement is without prejudice to the basic standards on the health protection of workers documentation accompanying the consignment.
and members of the public adopted in acts falling under Chapter III of the Euratom Treaty, in
particular Council Directive 96/29/Euratom (2 ).
1.6. The scrap shall not display any of the hazardous properties listed in Annex III to Directive Qualified staff shall carry out a visual inspection of each consignment. Where visual inspection raises
2008/98/EC. The scrap shall comply with the concentration limits laid down in Commission any suspicion of possible hazardous properties, further appropriate monitoring measures shall be taken,
Decision 2000/532/EC (3 ) and shall not exceed the concentration limits laid down in Annex IV such as sampling and testing where appropriate.
to Regulation (EC) No 850/2004 (4 ).
Staff shall be trained on potential hazardous properties that may be associated with aluminium scrap
Properties of individual elements included in aluminium alloys are not relevant for this and on material components or features that allow hazardous properties to be recognised.
icial
requirement.
The procedure for recognising hazardous materials shall be documented under the quality management
Jour
system.
nal
of
1.7. The scrap shall not contain any pressurised, closed or insufficiently open containers that could Qualified staff shall carry out a visual inspection of each consignment.
the
cause an explosion in a metalwork furnace.
European
2. Waste
used
as
input
in
the
recovery
operation
Union
2.1. Only waste that contained recoverable aluminium or aluminium alloys may be used as input. Acceptance control of all waste received (by visual inspection) and of the accompanying documentation
shall be carried out by qualified staff which is trained on how to recognise waste that does not fulfil the
2.2. Hazardous waste shall not be used as an input except where proof is provided that the processes criteria set out in this Section.
and techniques specified under Section 3 of this Annex to remove all hazardous properties have
been applied.
2.3. The following waste shall not be used as an input:
(a) filings and turnings that contain fluids such as oil or oily emulsions; and
(b) barrels and containers, except equipment from end-of-life vehicles, which contain or have
contained oil or paints.
3. Treatment
processes
and
techniques
3.1. The aluminium scrap shall have been segregated at source or while being collected and shall have
been kept separate or the input waste shall have been treated to separate the aluminium scrap
L
from the non-metal and non-aluminium metal components.
94/9

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L 94/10
Criteria
Self-monitoring requirements
3.2. All mechanical treatments (like cutting, shearing, shredding or granulating; sorting, separating,
cleaning, de-polluting, emptying) needed to prepare the scrap metal for direct input into final
use shall have been completed.
3.3. For waste containing hazardous components the following specific requirements shall apply:
EN
(a) input materials that originate from waste electrical or electronic equipment and end-of-life

vehicles shall have undergone all treatments required by Article 6 of Directive 2002/96/EC of
the European Parliament and of the Council (5 ) and Article 6 of Directive 2000/53/EC of the
European Parliament and of the Council (6 );
(b) chlorofluorocarbons in discarded equipment shall have been captured in an process approved
by the competent authorities;
(c) cables shall have been stripped or chopped. If a cable contains organic coatings (plastics), the
organic coatings shall have been removed in accordance with the best available techniques;
(d) barrels and containers shall have been emptied and cleaned;
Off
(e) hazardous substances in waste not mentioned in point (a) shall have been efficiently removed
icial
in a process which is approved by the competent authority.
Jour
(1 ) EN 13920-1:2002; Aluminium and aluminium alloys – Scrap- Part 1: General requirements, sampling and tests; CEN 2002.
(
nal
2 ) OJ L 159, 29.6.1996, p. 1.
(3 ) OJ L 226, 6.9.2000, p. 3.
of
(4 ) OJ L 229, 30.4.2004, p. 1.
the
(5 ) OJ L 37, 13.2.2003, p. 24.
(6 ) OJ L 269, 21.10.2000, p. 34.
European
Union
8.4.2011

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8.4.2011 Off
ANNEX III
Statement of Conformity with the end-of-waste criteria referred to in Article 5(1)
1. Producer/importer
of
scrap
metal:
Name:
EN
Address:

Contact person:
Tel.
Fax
E-mail:
2.
(a) name or code of the scrap metal category, in accordance with an industry specification or standard:
(b) where relevant, main technical provisions of a customer specification, such as composition, size, type and properties:
3. The
scrap
metal
consignment
complies
with
the
specification
or
standard
referred
to
in
point
2:
4. Quantity
of
the
consignment
in
tonnes:
icial
5. A
radioactivity
test
certificate
has
been
established
in
accordance
with
national
or
international
rules
on
monitoring
and
response procedures for radioactive scrap metal:
Jour
6.
The producer of scrap metal applies a quality management system complying with Article 6 of Regulation (EU) No 333/2011 (1 ), which has been verified by an accredited verifier or, where scrap metal
nal
which has ceased to be waste is imported into the customs territory of the Union, by an independent verifier:
of
7.
The scrap metal consignment meets the criteria referred to in points (a) to (c) of Articles 3 and 4 of Regulation (EU) No 333/2011 (1 ):
the
European
8.
Declaration of the producer/importer of scrap metal: I certify that the above information is complete and correct to my best knowledge.
Name:
Date:
Signature:
Union
(1 ) Council Regulation (EU) No 333/2011 of 31 March 2011 establishing criteria determining when certain types of scrap metal cease to be waste under Directive 2008/98/EC of the European Parliament and of the Council (OJ L 94,
8.4.2011, p. 2).
L
94/11

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