European Union (End-of-Life Vehicles) Regulations 2014

• Jurisdiction: Ireland

INDEX

PART I

PRELIMINARY AND GENERAL

1. Citation.

2. Purpose of Regulations.

3. Commencement.

4. Interpretation Generally.

5. Application and Scope.

6. Effect on Existing Community and National Legislation.

7. Exempted Vehicles.

8. Three-Wheel Motor Vehicles, Special Purpose Vehicles and Vehicles produced in Small Series.

PART II

PRODUCER RESPONSIBILITY OBLIGATIONS

9. Collection Systems for End-of-Life Vehicles.

10. Requirements on Producers to Register with Local Authorities.

11. Application for Registration or Renewal of Registration.

12. Certification of Producers.

13. Record Keeping and Reporting.

14. Obligations on Authorised Treatment Facilities.

15. Appropriate Treatment and Recovery of End-of-Life Vehicles.

16. Reuse, Recovery and Recycling Targets.

17. Information and Promotion.

PART III

CERTIFICATE OF DESTRUCTION

18. Issue of the Certificate of Destruction.

19. Certificate of Destruction issued in a Member State of the European Union.

20. Form and Content of the Certificate of Destruction.

21. Notification of Certificate of Destruction to the National Vehicle Records.

22. Obligations on Authorised Treatment Facilities.

23. Information to be compiled by the Authorised Treatment Facility.

24. Information to be provided by the Registered Owner.

PART IV

DESIGN REQUIREMENTS

25. Limitation in the use of Hazardous Substances.

26. Prohibition on Heavy Metals.

27. Technical Documentation.

28. Coding Standards.

29. Dismantling Information.

PART V

MISCELLANEOUS

30. Enforcement.

31. Power of a Local Authority to require Submission of Information and issue Written Directions.

32. Authorised Persons.

33. Requirement on a Registered Owner to deposit an End-of-Life Vehicle at an Authorised Treatment Facility.

34. Offences.

35. Prosecutions and Penalties.

36. Amendment of the Waste Management (Permit) Regulations 1998.

37. Revocation.

SCHEDULE 1

INFORMATION TO LOCAL AUTHORITIES

SCHEDULE 2

MINIMUM TECHNICAL REQUIREMENTS FOR APPROPRIATE TREATMENT AND RECOVERY OF END-OF-LIFE VEHICLES IN ACCORDANCE WITH REGULATIONS 14 AND 15

SCHEDULE 3

MINIMUM REQUIREMENTS FOR THE CERTIFICATE OF DESTRUCTION ISSUED IN ACCORDANCE WITH ARTICLE 5(3) OF DIRECTIVE 2000/53/EC ON END-OF-LIFE VEHICLES

SCHEDULE 4

NOMENCLATURE OF COMPONENT AND MATERIAL CODING STANDARDS

S.I. No. 281 of 2014

EUROPEAN UNION (END-OF-LIFE VEHICLES) REGULATIONS 2014

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 20th June, 2014.

I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2000/53/EC1 of the European Union and of the Council of 18 September 2000 on end-of life vehicles hereby make the following Regulations:—

PART I

PRELIMINARY AND GENERAL

Citation

1. These Regulations may be cited as the European Union (End-of-Life Vehicles) Regulations 2014.

Purpose of Regulations

2. The purposes for which these Regulations are made include the purpose of giving effect to the provisions of European Parliament and Council Directive 2000/53/EC of 18 September, 2000 on end-of-life vehicles as amended by Commission Decision 2002/525/EC2 of 27 June 2002 and Commission Decision 2005/63/EC3 of 24 January 2005 and Commission Decision 2005/438/EC4 of 10 June 2005 and Council Decision 2005/673/EC5 of 20 September 2005 and Directive 2008/33/EC6 of 11 March 2008 and Directive 2008/112/EC7 of 16 December 2008 and Commission Directive 2011/37/EU of 30 March 20118 and Commission Directive 2013/28/EU9 of 17 May 2013.

Commencement

3.These Regulations shall come into operation on the day after the date on which notice of their making is published in Iris Oifigiúl.

Interpretation Generally

4. (1) In these Regulations, save where the context otherwise requires—

“abandoned” in relation to a vehicle, includes left in such circumstances or for such period that it is reasonable to assume that the vehicle has been abandoned, and cognate words shall be construed accordingly;

“the Act” means the Waste Management Act 1996 (No. 10 of 1996);

“Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);

“appropriate treatment and recovery” in relation to a vehicle, means the treatment and recovery of the vehicle in accordance with the requirements of section 39 of the Act;

“ascribed vehicle” means a specified vehicle responsibility for which pursuant to regulation 10(4) is capable of being ascribed to a producer or producers other than the producer who placed the specified vehicle on the market in the State;

“authorised person” means a person who is appointed in writing by the Minister, a local authority, the Agency or such other person as may be required to be an authorised person for the purposes of the Act of 1996 or any Part or section thereof;

“authorised treatment facility” means a facility at which the collection and the storage and the appropriate treatment and recovery of vehicles may take place;

“certificate of destruction” means the certificate referred to in Part III of these Regulations;

“the Directive” means the European Parliament and Council Directive 2000/53/EC of 18 September, 2000 on end-of-life vehicles as amended by Commission Decision 2002/525/EC of 27 June 2002 and Commission Decision 2005/438/EC of 10 June 2005 and Council Decision 2005/673/EC of 20 September 2005 and Commission Directive 2011/37/EU of 30 March 2011 and Commission Directive 2013/28/EU of 17 May 2013;

“dismantling information” means all information required for the appropriate treatment and recovery of end-of-life vehicles. It shall be made available to authorised treatment facilities by vehicle producers and vehicle component manufacturers in the form of manuals or by means of electronic media which may include CD-ROM, or as appropriate, on-line services;

“disposal” means any of the applicable operations provided for in Annex I to Directive 2008/98/EC10 ;

“economic operators” means producers, distributors, collectors, motor vehicle insurance companies, dismantlers, shredders, waste recovery operators — which term includes but is not limited to recoverers and recyclers, and as appropriate, other treatment operators of end-of-life vehicles, including their components and materials;

“end-of-life vehicle” means a specified vehicle which is discarded or is to be discarded by its registered owner as waste and shall be read in accordance with the meaning of section 4(1) of the Act and article 3(1) of Directive 2008/98/EC;

“essential components of a vehicle” means the engine and coachwork of a specified vehicle and shall also include the transmission, wheels and catalytic converter, if a catalytic converter formed part of the vehicle when it was placed on the market;

“hazardous substance” means any substance which is considered to be dangerous under Council Directive 67/548/EEC11 of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances;

“joint licensing records” in relation to a vehicle shall be construed in accordance with the meaning for ‘relevant certificate’ under article 2 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations 200412 ;

“mechanically propelled vehicle” has the meaning given to it by Chapter IV of Part II of the Finance Act 1992 (No. 9 of 1992);

“prevention” means measures aiming at the reduction of the quantity and the harmfulness for the environment of end-of-life vehicles, their materials and substances;

“producer” in relation to a vehicle, means the person who imports into, or manufactures in, the State the vehicle;

“recovery” means any of the applicable operations provided for in Annex II to Directive 2008/98/EC;

“recycling” in relation to end-of-life vehicles means the reprocessing in a production process of the waste materials for their original purpose or for other purposes but excluding energy recovery. Energy recovery means the use of combustible waste as a means to generate energy through direct incineration with or without other waste but with the recovery of heat;

“registered owner” has the meaning assigned to it by the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2004 as amended for the time being, but, if those regulations should be revoked, it shall have the meaning assigned to it by such regulations corresponding to those regulations as may be for the time being in force;

“registration document” in relation to a vehicle shall be construed in accordance with the meaning for ‘relevant certificate’ under article 2 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2004;

“reuse” in relation to end-of-life vehicles means any operation by which components of end-of-life vehicles are used for the same purpose for which they were conceived;

“shredder” means any device used for tearing into pieces or fragmenting treated end-of-life vehicles, or other metallic or metalliferous waste, for the purpose of obtaining directly reusable metal scrap and, as appropriate, other recyclable material fragments;

“specified vehicle” means—

(a) a category A vehicle or a category B vehicle within the meaning of Chapter IV of Part II of the Finance Act 1992 (No. 9 of 1992), or as appropriate,

(b) any vehicle that may be designated as category M1 or N1 defined in Annex IIA to Council Directive 70/156/EEC13 of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers, or as appropriate,

(c) three-wheel motor vehicles as defined in Directive 2002/24/EC14 of...