Waste Management (End-Of-Life Vehicles) Regulations, 2006

• Jurisdiction: Ireland
• Citation: IR SI 282/2006
• Year: 2006

STATUTORY INSTRUMENTS
S.I. No. 282 of 2006
WASTE MANAGEMENT (END-OF-LIFE VEHICLES) REGULATIONS 2006
WASTE MANAGEMENT (END-OF-LIFE VEHICLES) REGULATIONS 2006
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. 18. Offences. PART III CERTIFICATE OF DESTRUCTION 19. Issue of the Certificate of Destruction. 20. Certificate of Destruction issued in a Member State of the European Union. 21. Form and Content of the Certificate of Destruction. 22. Notification of Certificate of Destruction to the National Vehicle Records. 23. Obligations on Authorised Treatment Facilities. 24. Information to be compiled by the Authorised Treatment Facility. 25. Information to be provided by the Registered Owner. 26. Offences. PART IV DESIGN REQUIREMENTS 27. Limitation in the use of Hazardous Substances. 28. Prohibition on Heavy Metals. 29. Technical Documentation. 30. Coding Standards. 31. Dismantling Information. 32. Offences. PART V MISCELLANEOUS 33. Enforcement. 34. Power of a Local Authority to require Submission of Information and issue Written Directions. 35. Requirement on a Registered Owner to deposit an End-of-Life Vehicle at an Authorised Treatment Facility. 36. Amendment of the Waste Management (Permit) Regulations 1998.
FIRST SCHEDULE INFORMATION TO LOCAL AUTHORITIES SECOND SCHEDULE MINIMUM TECHNICAL REQUIREMENTS FOR APPROPRIATE TREATMENT AND RECOVERY OF END-OF-LIFE VEHICLES IN ACCORDANCE WITH ARTICLE 14 AND 15 THIRD SCHEDULE MINIMUM REQUIREMENTS FOR THE CERTIFICATE OF DESTRUCTION ISSUED IN ACCORDANCE WITH ARTICLE 5(3) OF DIRECTIVE 2000/53/EC ON END-OF-LIFE VEHICLES FOURTH SCHEDULE MATERIALS AND COMPONENTS EXEMPT FROM ARTICLE 28 FIFTH SCHEDULE NOMENCLATURE OF COMPONENT AND MATERIAL CODING STANDARDS
S.I. No. 282 of 2006
WASTE MANAGEMENT (END-OF-LIFE VEHICLES) REGULATIONS 2006
The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by sections 2, 7, 18, 19, 27, 28, 29, 32, 34, 39, 53B, 53C, 53D, 53E and 53F of the Waste Management Acts 1996 to 2005 and by section 3 of the European Communities Act 1972 (No. 27 of 1972), hereby makes the following Regulations:-
PART I PRELIMINARY AND GENERAL
	Citation.	1. These Regulations may be cited as the Waste Management (End-of-Life Vehicles) Regulations 2006.
	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/EC1 of 18 September, 2000 on end-of-life vehicles.
	Commencement.	3. These Regulations shall come into operation on the 8th day of June 2006.
	Interpretation Generally.	4. (1) In these Regulations, any reference to a Schedule, Part or article which is not otherwise identified, is a reference to a Schedule, Part or article of these Regulations.
(2) In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified, is a reference to the sub-article or paragraph of the provision in which the reference occurs.
(3) 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 Acts 1996 to 2005;
“the Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Acts 1992 and 2003;
“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 article 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 -
(a) the Minister,
(b) a local authority,
(c) the Agency,
(d) the Commissioner of the Garda Síochána (or a member of the Garda Síochána nominated by that Commissioner for the purposes of appointing authorised persons under the Act), or
(e) such other person as may be prescribed by the Minister, to be an authorised person for the purposes of the Act 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;
“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 IIA to Council Directive 75/442/EEC2 of 15 July 1975 on waste and shall be read in accordance with section 4(3) of the Act;
“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)(a) of the Act and article 1(a) of Council Directive 75/442/EEC of 15 July 1975 on waste;
“the Environmental Protection Agency Acts 1992 and 2003” means the Environmental Protection Agency Act 1992 (No. 7 of 1992) as amended by Part 2 of the Protection of the Environment Act 2003 (No. 27 of 2003);
“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/EEC3 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 20044 ;
“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 IIB to Council Directive 75/442/EEC of 15 July 1975 on waste and shall be read in accordance with section 4(4) of the Act;
“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...