Directive 2005/64/EC of the European Parliament and of the CouncilShow full title

Article 1 Subject matter

This Directive lays down the administrative and technical provisions for the type-approval of vehicles covered by Article 2, with a view to ensuring that their component parts and materials can be reused, recycled and recovered in the minimum percentages set out in Annex I.

It lays down specific provisions to ensure that the re-use of component parts does not give rise to safety or environmental hazards.

Article 2 Scope

This Directive shall apply to vehicles belonging to categories M₁ and N₁, as defined in Part A of Annex II to Directive 70/156/EEC, and to new or reused component parts of such vehicles.

Article 3 Exemptions

Without prejudice to the application of the provisions of Article 7, this Directive shall not apply to:

(a)

special purpose vehicles as defined in part A, point 5, of Annex II to Directive 70/156/EEC;

(b)

multi-stage built vehicles belonging to category N₁, provided that the base vehicle complies with this Directive;

(c)

vehicles produced in small series, referred to in Article 8(2)(a) of Directive 70/156/EEC.

Article 4 Definitions

For the purposes of this Directive, the following definitions shall apply:

1.

‘vehicle’ means a motor vehicle;

2.

‘component part’ means any part or any assembly of parts which is included in a vehicle at the time of its production. It also covers components and separate technical units as defined in Article 2 of Directive 70/156/EEC;

3.

‘vehicle type’ means the type of a vehicle as defined in part B, points 1 and 3, of Annex II to Directive 70/156/EEC;

4.

‘end-of-life vehicle’ means a vehicle as defined in point 2 of Article 2 of Directive 2000/53/EC;

5.

‘reference vehicle’ means the version within a type of vehicle, which is identified by the approval authority, in consultation with the manufacturer and in accordance with the criteria laid down in Annex I, as being the most problematic in terms of reusability, recyclability and recoverability;

6.

‘multi-stage built vehicle’ means a vehicle resulting from a multi-stage construction process;

7.

‘base vehicle’ means a vehicle as defined in Article 2, fourth indent of Directive 70/156/CEE, which is used at the starting stage of a multi-stage construction;

8.

‘multi-stage construction’ means the process by which a vehicle is produced in several stages by adding component parts to a base vehicle or by modifying those component parts;

9.

‘reuse’ means reuse as defined in point 6 of Article 2 of Directive 2000/53/EC;

10.

‘recycling’ means recycling as defined in the first sentence of point 7 of Article 2 of Directive 2000/53/EC;

11.

‘energy recovery’ means energy recovery as defined in the second sentence of point 7 of Article 2 of Directive 2000/53/EC;

12.

‘recovery’ means recovery as defined in point 8 of Article 2 of Directive 2000/53/EC;

13.

‘reusability’ means the potential for reuse of component parts diverted from an end-of-life vehicle;

14.

‘recyclability’ means the potential for recycling of component parts or materials diverted from an end-of-life vehicle;

15.

‘recoverability’ means the potential for recovery of component parts or materials diverted from an end-of-life vehicle;

16.

‘recyclability rate of a vehicle (R_cyc)’ means the percentage by mass of a new vehicle, potentially able to be reused and recycled;

17.

‘recoverability rate of a vehicle (R_cov)’ means the percentage by mass of a new vehicle, potentially able to be reused and recovered;

18.

‘strategy’ means a large-scale plan consisting of coordinated actions and technical measures to be taken as regards dismantling, shredding or similar processes, recycling and recovery of materials to ensure that the targeted recyclability and recoverability rates are attainable at the time a vehicle is in its development phase;

19.

‘mass’ means the mass of the vehicle in running order as defined in point 2.6 of Annex I to Directive 70/156/EEC, but excluding the driver, whose mass is assessed at 75 kg;

20.

‘competent body’ means an entity, e.g. a technical service or another existing body, notified by a Member State to carry out preliminary assessment of the manufacturer and to issue a certificate of compliance, in accordance with the prescriptions of this Directive. The competent body may be the type-approval authority, provided its competence in this field is properly documented.

Article 5 Type-approval provisions

1. Member States shall grant, as appropriate, EC type-approval or national type-approval, with regard to reusability, recyclability and recoverability, only to such vehicle types that satisfy the requirements of this Directive.

2. For the application of paragraph 1, the manufacturer shall make available to the approval authority the detailed technical information necessary for the purposes of the calculations and checks referred to in Annex I, relating to the nature of the materials used in the construction of the vehicle and its component parts. In cases where such information is shown to be covered by intellectual property rights or to constitute specific know-how of the manufacturer or of his suppliers, the manufacturer or his suppliers shall supply sufficient information to enable those calculations to be made properly.

3. With regard to reusability, recyclability and recoverability, the Member States shall ensure that the manufacturer uses the model of the information document set out in Annex II to this Directive, when submitting an application for EC vehicle type-approval, pursuant to Article 3(1) of Directive 70/156/EEC.

4. When granting an EC type-approval pursuant to Article 4(3) of Directive 70/156/EEC, the type-approval authority shall use the model of the EC type-approval certificate set out in Annex III to this Directive.

Article 6 Preliminary assessment of the manufacturer

1. Member States shall not grant any type approval without first ensuring that the manufacturer has put in place satisfactory arrangements and procedures, in accordance with point 3 of Annex IV, to manage properly the reusability, recyclability and recoverability aspects covered by this Directive. When this preliminary assessment has been carried out, a certificate named ‘Certificate of Compliance with Annex IV’ (hereinafter the certificate of compliance) shall be granted to the manufacturer.

2. In the framework of the preliminary assessment of the manufacturer, Member States shall ensure that the materials used for the construction of a vehicle type comply with the provisions of Article 4(2)(a) of Directive 2000/53/EC.

The Commission shall, in accordance with the procedure referred to in Article 9, establish the detailed rules necessary to verify compliance with this provision.

3. For the purpose of paragraph 1, the manufacturer shall recommend a strategy to ensure dismantling, reuse of component parts, recycling and recovery of materials. The strategy shall take into account the proven technologies available or in development at the time of the application for a vehicle type-approval.

4. Member States shall appoint a competent body, in accordance with point 2 of Annex IV, to carry out the preliminary assessment of the manufacturer and to issue the certificate of compliance.

5. The certificate of compliance shall include the appropriate documentation and describe the strategy recommended by the manufacturer. The competent body shall use the model set out in the Appendix to Annex IV.

6. The certificate of compliance shall remain valid for no less than two years from the date of deliverance of the certificate before new checks shall be conducted.

7. The manufacturer shall inform the competent body of any significant change that could affect the relevance of the certificate of compliance. After consultation with the manufacturer, the competent body shall decide whether new checks are necessary.

8. At the end of the period of validity of the certificate of compliance, the competent body shall, as appropriate, issue a new certificate of compliance or extend its validity for a further period of two years. The competent body shall issue a new certificate in cases where significant changes have been brought to the attention of the competent body.

Article 7 Reuse of component parts

The component parts listed in Annex V shall:

(a)

be deemed to be non-reusable for the purposes of calculating the recyclability and recoverability rates;

(b)

not be reused in the construction of vehicles covered by Directive 70/156/EEC.

Article 8 Amendments to Directive 70/156/EEC

Directive 70/156/EEC shall be amended in accordance with Annex VI to this Directive.

Article 9 Amendments

Amendments to this Directive which are necessary to adapt it to scientific and technical progress shall be adopted by the Commission in accordance with the regulatory procedure referred to in Article 13(3) of Directive 70/156/EEC.

Article 10 Implementation dates for type-approval

1. With effect from 15 December 2006, Member States shall not, in respect of a type of vehicle which complies with the requirements of this Directive:

(a) refuse to grant EC or national type-approval,

(b) prohibit the registration, sale or entry into service of new vehicles.

2. With effect from 15 December 2008, Member States shall, in respect of a type of vehicle which does not comply with the requirements of this Directive:

(a) refuse to grant EC type-approval;

(b) refuse to grant national type-approval.

3. With effect from 15 July 2010, Member States shall, if the requirements of this Directive are not met:

(a) consider certificates of conformity which accompany new vehicles as no longer valid for the purposes of Article 7(1) of Directive 70/156/EEC;

(b) refuse the registration, sale or entry into service of new vehicles, save where Article 8(2)(b) of Directive 70/156/EEC applies.

4. Article 7 shall apply with effect from 15 December 2006.

Article 11 Transposition

1. Member States shall adopt and publish, not later than 15 December 2006, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those measures.

They shall apply those measures from 15 December 2006.

When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 12 Entry into force

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 13 Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 26 October 2005.

For the European Parliament

The President

J. Borrell Fontelles

For the Council

The President

D. Alexander