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EUROPEAN UNION
THE EUROPEAN PARLIAMENT THE COUNCIL
Brussels,
PE-CONS 3627/00
ENV 171 ENT 72 CODEC 400
97/0194 (COD)
C5-0258/00
Subject : Directive of the European Parliament and of the Council on
end-of-life vehicles
Joint text approved by the Conciliation Committee provided for in
Article 251(4) of the EC Treaty
DIRECTIVE 2000/ /EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on
end-of-life vehicles
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 175(1) thereof,
Having regard to the proposal from the Commission ,
Having regard to the Opinion of the Economic and Social Committee
,
Having consulted the Committee of the Regions ,
Acting in accordance with the procedure referred to in Article 251 of
the Treaty in the light of the joint text approved by the
Conciliation Committee on
Whereas:
(1) The different national measures concerning end-of-life vehicles
should be harmonised in order, first, to minimise the impact of
end-of-life vehicles on the environment, thus contributing to the
protection, preservation and improvement of the quality of the
environment and energy conservation, and, second, to ensure the
smooth operation of the internal market and avoid distortions of
competition in the Community.
(2) A Community-wide framework is necessary in order to ensure
coherence between national approaches in attaining the objectives
stated above, particularly with a view to the design of vehicles for
recycling and recovery, to the requirements for collection and
treatment facilities, and to the attainment of the targets for
re-use, recycling and recovery, taking into account the principle of
subsidiarity and the polluter-pays principle.
(3) Every year end-of-life vehicles in the Community generate between
8 and 9 million tonnes of waste, which must be managed correctly.
(4) In order to implement the precautionary and preventive principles
and in line with the Community strategy for waste management, the
generation of waste must be avoided as much as possible.
(5) It is a further fundamental principle that waste should be
re-used and recovered, and that preference be given to re-use and
recycling.
(6) Member States should take measures to ensure that economic
operators set up systems for the collection, treatment and recovery
of end-of-life vehicles.
(7) Member States should ensure that the last holder and/or owner can
deliver the end-of-life vehicle to an authorised treatment facility
without any cost as a result of the vehicle having no or a negative
market value. Member States should ensure that producers meet all, or
a significant part of, the costs of the implementation of these
measures; the normal functioning of market forces should not be
hindered.
(8) This Directive should cover vehicles and end-of-life vehicles,
including their components and materials, as well as spare and
replacement parts, without prejudice to safety standards, air
emissions and noise control.
This Directive should be understood as having borrowed, where
appropriate, the terminology used by several existing directives,
namely Council Directive 67/548/EEC of 27 June 1967 on the
approximation of laws, regulations and administrative provisions
relating to the classification, packaging and labelling of dangerous
substances , Council Directive 70/156/EEC 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 , and Council
Directive 75/442/EEC of 15 July 1975 on waste .
(10) Vintage vehicles, meaning historic vehicles or vehicles of value
to collectors or intended for museums, kept in a proper and
environmentally sound manner, either ready for use or stripped into
parts, are not covered by the definition of waste laid down by
Directive 75/442/EEC and do not fall within the scope of this
Directive.
(11) It is important that preventive measures be applied from the
conception phase of the vehicle onwards and take the form, in
particular, of reduction and control of hazardous substances in
vehicles, in order to prevent their release into the environment, to
facilitate recycling and to avoid the disposal of hazardous waste. In
particular the use of lead, mercury, cadmium and hexavalent chromium
should be prohibited. These heavy metals should only be used in
certain applications according to a list which will be regularly
reviewed. This will help to ensure that certain materials and
components do not become shredder residues, and are not incinerated
or disposed of in landfills.
(12) The recycling of all plastics from end-of-life vehicles should
be continuously improved; whereas the Commission is currently
examining the environmental impacts of PVC. The Commission will, on
the basis of this work, make proposals as appropriate as to the use
of PVC including considerations for vehicles.
(13) The requirements for dismantling, re-use and recycling of
end-of-life vehicles and their components should be integrated in the
design and production of new vehicles.
(14) The development of markets for recycled materials should be
encouraged.
(15) In order to ensure that end-of-life vehicles are discarded
without endangering the environment, appropriate collection systems
should be set up.
(16) A certificate of destruction, to be used as a condition for the
de-registration of end-of-life vehicles, should be introduced. Member
States without a de-registration system should set up a system
according to which a certificate of destruction is notified to the
relevant competent authority when the end-of-life vehicle is
transferred to a treatment facility.
(17) This Directive does not prevent Member States from granting,
where appropriate, temporary deregistrations of vehicles.
(18) Collection and treatment operators should be allowed to operate
only when they have received a permit or, in case a registration is
used instead of a permit, specific conditions have been complied
with.
(19) The recyclability and recoverability of vehicles should be
promoted.
(20) It is important to lay down requirements for storage and
treatment operations in order to prevent negative impacts on the
environment and to avoid the emergence of distortions in trade and
competition.
(21) In order to achieve results in the short term and to give
operators, consumers and public authorities the necessary perspective
for the longer term, quantified targets for re-use, recycling and
recovery to be achieved by economic operators should be set.
(22) Producers should ensure that vehicles are designed and
manufactured in such a way as to allow the quantified targets for
re-use, recycling and recovery to be achieved. To this end the
Commission will promote the preparation of European standards and
will take the other necessary measures in order to amend the
pertinent European vehicle type-approval legislation.
(23) Member States should ensure that in implementing the provisions
of this Directive competition is preserved, in particular as regards
the access of small and medium-sized enterprises to the collection,
dismantling, treatment and recycling market.
(24) In order to facilitate the dismantling and recovery, in
particular recycling of end-of-life vehicles, vehicle manufacturers
should provide authorised treatment facilities with all requisite
dismantling information, in particular for hazardous materials.
(25) The preparation of European standards, where appropriate, should
be promoted. Vehicle manufacturers and material producers should use
component and material coding standards, to be established by the
Commission assisted by the relevant committee. In the preparation of
these standards the Commission will take account, as appropriate, of
the work going on in this area in the relevant international
fora.
(26) Community-wide data on end-of-life vehicles is needed in order
to monitor the implementation of the objectives of this
Directive.
(27) Consumers have to be adequately informed in order to adjust
their behaviour and attitudes; to this end information should be made
available by the relevant economic operators.
(28) Member States may choose to implement certain provisions by
means of agreements with the economic sector concerned, provided that
certain conditions are met.
The adaptation to scientific and technical progress of the
requirements for treatment facilities and for the use of hazardous
substances and, as well as the adoption of minimum standards for the
certificate of destruction, the formats for the database and the
implementation measures necessary to control compliance with the
quantified targets should be effected by the Commission under a
Committee procedure.
The measures to be taken for the implementation of this Directive
should be adopted in accordance with the Council Decision 1999/468/EC
of 28 June 1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission .
(31) Member States may apply the provisions of this Directive in
advance of the date set out therein, provided such measures are
compatible with the Treaty,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Objectives
This Directive lays down measures which aim, as a first priority, at
the prevention of waste from vehicles and, in addition, at the
re-use, recycling and other forms of recovery of end-of-life vehicles
and their components so as to reduce the disposal of waste, as well
as at the improvement in the environmental performance of all of the
economic operators involved in the life cycle of vehicles and
especially the operators directly involved in the treatment of
end-of-life vehicles.
Article 2
Definitions
For the purposes of this Directive:
(1) "vehicle" means any vehicle designated as category m1 or n1
defined in Annex II (A) to Directive 70/156/EEC, and three wheel
motor vehicles as defined in Directive 92/61/EEC, but excluding motor
tricycles;
(2) "end-of-life vehicle" means a vehicle which is waste within the
meaning of Article 1(a) of Directive 75/442/EEC;
(3) "producer" means the vehicle manufacturer or the professional
importer of a vehicle into a Member State;
(4) "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;
(5) "treatment" means any activity after the end-of-life vehicle has
been handed over to a facility for depollution, dismantling,
shearing, shredding, recovery or preparation for disposal of the
shredder wastes, and any other operation carried out for the recovery
and/or disposal of the end-of-life vehicle and its components;
(6) "re-use" means any operation by which components of end-of-life
vehicles are used for the same purpose for which they were
conceived;
(7) "recycling" means the reprocessing in a production process of the
waste materials for the 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 recovery of the
heat;
(8) "recovery" means any of the applicable operations provided for in
Annex II B to Directive 75/442/EEC;
(9) "disposal" means any of the applicable operations provided for in
Annex II A to Directive 75/442/EEC;
(10) "economic operators" means producers, distributors, collectors,
motor vehicle insurance companies, dismantlers, shredders,
recoverers, recyclers and other treatment operators of end-of-life
vehicles, including their components and materials;
(11) "hazardous substance" means any substance which is considered to
be dangerous under Directive 67/548/EEC;
(12) "shredder" means any device used for tearing into pieces or
fragmenting end-of-life vehicles, including for the purpose of
obtaining directly reusable metal scrap;
(13) "dismantling information" means all information required for the
correct and environmentally sound treatment of end-of-life vehicles.
It shall be made available to authorised treatment facilities by
vehicle manufacturers and component producers in the form of manuals
or by means of electronic media (e.g. CD-ROM, on-line services).
Article 3
Scope
1. This Directive shall cover vehicles and end-of-life vehicles,
including their components and materials. Without prejudice to
Article 5(4), third subparagraph, this shall apply irrespective of
how the vehicle has been serviced or repaired during use and
irrespective of whether it is equipped with components supplied by
the producer or with other components whose fitting as spare or
replacement parts accords with the appropriate Community provisions
or domestic provisions.
2. This Directive shall apply without prejudice to existing Community
legislation and relevant national legislation, in particular as
regards safety standards, air emissions and noise controls and the
protection of soil and water.
3. Where a producer only makes or imports vehicles that are exempt
from Directive 70/156/EEC by virtue of Article 8(2)(a) thereof,
Member States may exempt that producer and his vehicles from Articles
7(4), 8 and 9 of this Directive.
4. Special-purpose vehicles as defined in the second indent of
Article 4(1)(a) of Directive 70/156/EEC shall be excluded from the
provisions of Article 7 of this Directive.
5. For three wheel motor vehicles only Articles 5(1), 5(2) and 6 of
this Directive shall apply.
Article 4
Prevention
1. In order to promote the prevention of waste Member States shall
encourage, in particular:
(a) vehicle manufacturers, in liaison with material and equipment
manufacturers, to limit the use of hazardous substances in vehicles
and to reduce them as far as possible from the conception of the
vehicle onwards, so as in particular to prevent their release into
the environment, make recycling easier, and avoid the need to dispose
of hazardous waste;
(b) the design and production of new vehicles which take into full
account and facilitate the dismantling, re-use and recovery, in
particular the recycling, of end-of-life vehicles, their components
and materials.
(c) vehicle manufacturers, in liaison with material and equipment
manufacturers, to integrate an increasing quantity of recycled
material in vehicles and other products, in order to develop the
markets for recycled materials.
2. (a) Member States shall ensure that materials and components of
vehicles put on the market after 1 July 2003 do not contain lead,
mercury, cadmium or hexavalent chromium other than in cases listed in
Annex II under the conditions specified therein;
(b) In accordance with the procedure laid down in Article 11 the
Commission shall on a regular basis, according to technical and
scientific progress, amend Annex II, in order to:
(i) as necessary, establish maximum concentration values up to which
the existence of the substances referred to in subparagraph (a) in
specific materials and components of vehicles shall be tolerated;
(ii) exempt certain materials and components of vehicles from the
provisions of subparagraph (a) if the use of these substances is
unavoidable;
(iii) delete materials and components of vehicles from Annex II if
the use of these substances is avoidable;
(iv) under points (i) and (ii) designate those materials and
components of vehicles that can be stripped before further treatment;
they shall be labelled or made identifiable by other appropriate
means;
(c) The Commission shall amend Annex II for the first time not later
than ....... *. In any case none of the exemptions listed therein
shall be deleted from the Annex before 1 January 2003.
Article 5
Collection
1. Member States shall take the necessary measures to ensure:
that economic operators set up systems for the collection of all
end-of-life vehicles and, as far as technically feasible, of waste
used parts removed when passenger cars are repaired;
- the adequate availability of collection facilities within their
territory.
2. Member States shall also take the necessary measures to ensure
that all end-of-life vehicles are transferred to authorised treatment
facilities.
3. Member States shall set up a system according to which the
presentation of a certificate of destruction is a condition for
deregistration of the end-of-life vehicle. This certificate shall be
issued to the holder and/or owner when the end-of-life vehicle is
transferred to a treatment facility. Treatment facilities, which have
obtained a permit in accordance with Article 6, shall be permitted to
issue a certificate of destruction. Member States may permit
producers, dealers and collectors on behalf of an authorised
treatment facility to issue certificates of destruction provided that
they guarantee that the end-of-life vehicle is transferred to an
authorised treatment facility and provided that they are registered
with public authorities.
Issuing the certificate of destruction by treatment facilities or
dealers or collectors on behalf of an authorised treatment facility
does not entitle them to claim any financial reimbursement, except in
cases where this has been explicitly arranged by Member States.
Member States which do not have a deregistration system at the date
of entry into force of this Directive shall set up a system according
to which a certificate of destruction is notified to the relevant
competent authority when the end-of-life vehicle is transferred to a
treatment facility and shall otherwise comply with the terms of this
paragraph. Member States making use of this subparagraph shall inform
the Commission of the reasons thereof.
4. Member States shall take the necessary measures to ensure that the
delivery of the vehicle to an authorised treatment facility in
accordance with paragraph 3 occurs without any cost for the last
holder and/or owner as a result of the vehicle's having no or a
negative market value.
Member States shall take the necessary measures to ensure that
producers meet all, or a significant part of, the costs of the
implementation of this measure and/or take back end-of-life vehicles
under the same conditions as referred to in the first
subparagraph.
Member States may provide that the delivery of end-of-life vehicles
is not fully free of charge if the end-of-life vehicle does not
contain the essential components of a vehicle, in particular the
engine and the coachwork, or contains waste which has been added to
the end-of-life vehicle.
The Commission shall regularly monitor the implementation of the
first subparagraph to ensure that it does not result in market
distortions, and if necessary shall propose to the European
Parliament and the Council an amendment thereto.
5. Member States shall take the necessary measures to ensure that
competent authorities mutually recognise and accept the certificates
of destruction issued in other Member States in accordance with
paragraph 3. To this end, the Commission shall draw up, not later
than ......... * the minimum requirements for the certificate of
destruction.
Article 6
Treatment
1. Member States shall take the necessary measures to ensure that all
end-of-life vehicles are stored (even temporarily) and treated in
accordance with the general requirements laid down in Article 4 of
Directive 75/442/EEC, and in compliance with the minimum technical
requirements set out in the Annex I to this Directive, without
prejudice to national regulations on health and environment.
2. Member States shall take the necessary measures to ensure that any
establishment or undertaking carrying out treatment operations
obtains a permit from or be registered with the competent
authorities, in compliance with Articles 9, 10 and 11 of Directive
75/442/EEC.
The derogation from the permit requirement referred to in Article
11(1)(b) of Directive 75/442/EEC may apply to recovery operations
concerning waste of end-of-life vehicles after they have been treated
according to Annex I(3) to this Directive if there is an inspection
by the competent authorities before the registration. This inspection
shall verify:
(a) type and quantities of waste to be treated;
(b) general technical requirements to be complied with;
(c) safety precautions to be taken,
in order to achieve the objectives referred to in Article 4 of
Directive 75/442/EEC. This inspection shall take place once a year.
Member States using the derogation shall send the results to the
Commission.
3. Member States shall take the necessary measures to ensure that any
establishment or undertaking carrying out treatment operations
fulfils at least the following obligations in accordance with the
Annex I:
(a) end-of-life vehicles shall be stripped before further treatment
or other equivalent arrangements shall be made in order to reduce any
adverse impact on the environment. Components or materials labelled
or otherwise made identifiable in accordance with Article 4(2) shall
be stripped before further treatment;
(b) hazardous materials and components shall be removed and
segregated in a selective way so as not to contaminate subsequent
shredder waste from end-of-life vehicles;
(c) stripping operations and storage shall be carried out in such a
way as to ensure the suitability of vehicle components for re-use and
recovery, and in particular for recycling.
Treatment operations for depollution of end-of-life vehicles as
referred to in Annex I(3) shall be carried out as soon as
possible.
4. Member States shall take the necessary measures to ensure that the
permit or registration referred to in paragraph 2 includes all
conditions necessary for compliance with the requirements of
paragraphs 1, 2 and 3.
5. Member States shall encourage establishments or undertakings,
which carry out treatment operations to introduce, certified
environmental management systems.
Article 7
Re-use and recovery
1. Member States shall take the necessary measures to encourage the
re-use of components which are suitable for re-use, the recovery of
components which cannot be re-used and the giving of preference to
recycling when environmentally viable, without prejudice to
requirements regarding the safety of vehicles and environmental
requirements such as air emissions and noise control.
2. Member States shall take the necessary measures to ensure that the
following targets are attained by economic operators:
(a) no later than 1 January 2006, for all end-of-life vehicles, the
re-use and recovery shall be increased to a minimum of 85% by an
average weight per vehicle and year. Within the same time limit the
re-use and recycling shall be increased to a minimum of 80% by an
average weight per vehicle and year;
for vehicles produced before 1 January 1980, Member States may lay
down lower targets, but not lower than 75% for re-use and recovery
and not lower than 70% for re-use and recycling. Member States making
use of this subparagraph shall inform the Commission and the other
Member States of the reasons therefor;
(b) no later than 1 January 2015, for all end-of-life vehicles, the
re-use and recovery shall be increased to a minimum of 95% by an
average weight per vehicle and year. Within the same time limit, the
re-use and recycling shall be increased to a minimum of 85% by an
average weight per vehicle and year.
By 31 December 2005 at the latest the European Parliament and the
Council shall re-examine the targets referred to in paragraph (b) on
the basis of a report of the Commission, accompanied by a proposal.
In its report the Commission shall take into account the development
of the material composition of vehicles and any other relevant
environmental aspects related to vehicles.
The Commission shall, in accordance with the procedure laid down in
Article 11, establish the detailed rules necessary to control
compliance of Member States with the targets set out in this
paragraph. In doing so the Commission shall take into account all
relevant factors, inter alia the availability of data and the issue
of exports and imports of end-of-life vehicles. The Commission shall
take this measure not later than .......................... *.
3. On the basis of a proposal from the Commission, the European
Parliament and the Council shall establish targets for re-use and
recovery and for re-use and recycling for the years beyond 2015.
4. In order to prepare an amendment to Directive 70/156/EEC, the
Commission shall promote the preparation of European standards
relating to the dismantlability, recoverability and recyclability of
vehicles. Once the standards are agreed, but in any case no later
than by the end of 2001, the European Parliament and the Council, on
the basis of a proposal from the Commission, shall amend Directive
70/156/EEC so that vehicles type-approved in accordance with that
Directive and put on the market after three years after the amendment
of the Directive 70/156/EEC are re-usable and/or recyclable to a
minimum of 85% by weight per vehicle and are re-usable and/or
recoverable to a minimum of 95% by weight per vehicle.
5. In proposing the amendment to Directive 70/156/EEC relating to the
ability to be dismantled, recoverability and recyclability of
vehicles, the Commission shall take into account as appropriate the
need to ensure that the re-use of components does not give rise to
safety or environmental hazards.
Article 8
Coding standards/dismantling information
1. Member States shall take the necessary measures to ensure that
producers, in concert with material and equipment manufacturers, use
component and material coding standards, in particular to facilitate
the identification of those components and materials which are
suitable for re-use and recovery.
2. Not later than................... * the Commission shall, in
accordance with the procedure laid down in Article 11 establish the
standards referred to in paragraph 1 of this Article. In so doing,
the Commission shall take account of the work going on in this area
in the relevant international fora and contribute to this work as
appropriate.
3. Member States shall take the necessary measures to ensure that
producers provide dismantling information for each type of new
vehicle put on the market within six months after the vehicle is put
on the market. This information shall identify, as far as it is
needed by treatment facilities in order to comply with the provisions
of this Directive, the different vehicle components and materials,
and the location of all hazardous substances in the vehicles, in
particular with a view to the achievement of the objectives laid down
in Article 7.
4. Without prejudice to commercial and industrial confidentiality,
Member States shall take the necessary measures to ensure that
manufacturers of components used in vehicles make available to
authorised treatment facilities, as far as it is requested by these
facilities, appropriate information concerning dismantling, storage
and testing of components which can be reused.
Article 9
Reporting and information
1. At three year intervals Member States shall send a report to the
Commission on the implementation of this Directive. The report shall
be drawn up on the basis of a questionnaire or outline drafted by the
Commission in accordance with the procedure laid down in Article 6 of
Directive 91/692/EEC with a view to establishing databases on
end-of-life vehicles and their treatment. The report shall contain
relevant information on possible changes in the structure of motor
vehicle dealing and of the collection, dismantling, shredding,
recovery and recycling industries, leading to any distortion of
competition between or within Member States. The questionnaire or
outline shall be sent to the Member States six months before the
start of the period covered by the report. The report shall be made
to the Commission within nine months of the end of the three-year
period covered by it.
The first report shall cover the period of three years from
................. **.
Based on the above information, the Commission shall publish a report
on the implementation of this Directive within nine months of
receiving the reports from the Member States.
2. Member States shall require in each case the relevant economic
operators to publish information on:
- the design of vehicles and their components with a view to their
recoverability and recyclability,
- the environmentally sound treatment of end-of-life vehicles, in
particular the removal of all fluids and dismantling,
- the development and optimisation of ways to re-use, recycle and
recover end-of-life vehicles and their components,
- the progress achieved with regard to recovery and recycling to
reduce the waste to be disposed of and to increase the recovery and
recycling rates.
The producer must make this information accessible to the prospective
buyers of vehicles. It shall be included in promotional literature
used in marketing of the new vehicle.
Article 10
Implementation
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive by
...................... *. They shall immediately inform the
Commission thereof.
When Member States adopt these measures, these shall contain a
reference to this Directive or shall be accompanied by such reference
on the occasion of their official publication. The methods of making
such a reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the
main provisions of domestic law, which they adopt in the field
governed by this Directive.
3. Provided that the objectives set out in this Directive are
achieved, Member States may transpose the provisions set out in
Articles 4(1), 5(1), 7(1), 8(1), 8(3) and 9(2) and specify the
detailed rules of implementation of Article 5(4) by means of
agreements between the competent authorities and the economic sectors
concerned. Such agreements shall meet the following requirements:
(a) agreements shall be enforceable;
(b) agreements need to specify objectives with the corresponding
deadlines;
(c) agreements shall be published in the national official journal or
an official document equally accessible to the public and transmitted
to the Commission;
(d) the results achieved under an agreement shall be monitored
regularly, reported to the competent authorities and the Commission
and made available to the public under the conditions set out in the
agreement;
(e) the competent authorities shall make provisions to examine the
progress reached under the agreement;
(f) in case of non-compliance with the agreement Member States must
implement the relevant provisions of this Directive by legislative,
regulatory or administrative measures.
Article 11
Committee procedure
1. The Commission shall be assisted by the committee established by
Article 18 of Directive 75/442/EEC, hereinafter referred to as "the
Committee".
2. Where reference is made to this Article, Articles 5 and 7 of
Decision 1999/468/EC shall apply, having regard to the provisions of
Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at three months.
3. The Committee shall adopt its rules of procedure.
4. The Commission, according to the procedure laid down in this
Article, shall adopt:
(a) the minimum requirements, as referred to in Article 5(5), for the
certificate of destruction;
(b) the detailed rules referred to in Article 7(2), third
subparagraph;
(c) the formats relating to the database system referred to in
Article 9;
(d) the amendments necessary for adapting the Annexes to this
Directive to scientific and technical progress.
Article 12
Entry into force
1. This Directive shall enter into force on the day of its
publication in the Official Journal of the European Communities.
2. Article 5(4) shall apply
- as from 1 July 2002 for vehicles put on the market as from this
date;
- as from 1 January 2007 for vehicles put on the market before the
date referred to in the first indent.
3. Member States may apply Article 5(4) in advance of the dates set
out in paragraph 2.
Article 13
Addressees
This Directive is addressed to the Member States.
Done at Brussels,
For the European Parliament For the Council
The President The President
ANNEX I
Minimum technical requirements for treatment in accordance with
Article 6(1) and (3)
1. Sites for storage (including temporary storage) of end-of-life
vehicles prior to their treatment:
- impermeable surfaces for appropriate areas with the provision of
spillage collection facilities, decanters and
cleanser-degreasers,
- equipment for the treatment of water, including rainwater, in
compliance with health and environmental regulations.
2. Sites for treatment:
- impermeable surfaces for appropriate areas with the provision of
spillage collection facilities, decanters and
cleanser-degreasers,
- appropriate storage for dismantled spare parts, including
impermeable storage for oil-contaminated spare parts,
- appropriate containers for storage of batteries (with electrolyte
neutralisation on site or elsewhere), filters and PCB/PCT-containing
condensers,
- appropriate storage tanks for the segregated storage of end-of-life
vehicle fluids: fuel, motor oil, gear box oil, transmission oil,
hydraulic oil, cooling liquids, antifreeze, brake fluids, battery
acids, air conditioning system fluids and any other fluid contained
in the end-of-life vehicle,
- equipment for the treatment of water, including rainwater, in
compliance with health and environmental regulations,
- appropriate storage for used tyres, including the prevention of
fire hazards and excessive stockpiling.
3. Treatment operations for depollution of end-of-life vehicles:
- removal of batteries and liquified gas tanks,
- removal or neutralisation of potential explosive components (e.g.
air bags),
removal and separate collection and storage of fuel, motor oil,
transmission oil, gear box oil, hydraulic oil, cooling liquids,
antifreeze, brake fluids, air conditioning system fluids and any
other fluid contained in the end-of-life vehicle, unless they are
necessary for the re-use of the parts concerned.
removal, as far as feasible, of all components identified as
containing mercury.
4. Treatment operations in order to promote recycling:
- removal of catalysts,
- removal of metal components containing copper, aluminium and
magnesium if these metals are not segregated in the shredding
process,
- removal of tyres and large plastic components (bumpers, dash board,
fluid containers, etc.), if these materials are not segregated in the
shredding process in such a way that they can be effectively recycled
as materials,
- removal of glass.
5. Storage operations are to be carried out avoiding damage to
components containing fluids or to recoverable components and spare
parts.
ANNEX II
Materials and components exempt from Article 4(2)(a)
Materials and components To be labelled or made identifiable in
accordance with Article 4(2)(b)(iv)
Lead as an alloying element
1. Steel (including galvanised steel) containing up to 0.35% lead by
weight
2. Aluminium containing up to 0,4% lead by weight
3. Aluminium (in wheel rims, engine parts and window levers)
containing up to 4% lead by weight X
4. Copper alloy containing up to 4% lead by weight
5. Lead/bronze bearing-shells and bushes
Lead and lead compounds in components
6. Batteries X
7. Coating inside petrol tanks X
8. Vibration dampers X
9. Vulcanising agent for high pressure or fuel hoses
10. Stabiliser in protective paints
11. Solder in electronic circuit boards and other applications
Hexavalent chromium
12. Corrosion preventative coating on numerous key vehicle components
(maximum 2 g per vehicle)
Mercury
13. Bulbs and instrument panel displays X
Within the procedure referred to in Article 4(2)(b), the Commission
shall evaluate the following applications:
- lead as an alloy in aluminium in wheel rims, engine parts and
window levers
- lead in batteries
- lead in balance weights
- electrical components which contain lead in a glass or ceramics
matrix compound
- cadmium in batteries for electrical vehicles
as a matter of priority, in order to establish as soon as possible
whether Annex II is to be amended accordingly.
As regards cadmium in batteries for electrical vehicles, the
Commission shall take into account, within the procedure referred to
in Article 4(2)b and in the framework of an overall environmental
assessment, the availability of substitutes as well as the need to
maintain the availability of electrical vehicles.