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The End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003

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Interpretation

2.  In these Regulations–

“depollution”, in relation to a waste motor vehicle, means the carrying out on it of any of the operations described in paragraph 3 of Part 2 of the Schedule to these Regulations that are possible (or, in the case of a component identified as containing mercury, feasible) in respect of it, and only when all such operations have been completed shall a waste motor vehicle qualify as “depolluted”;

“Directive” means Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles as amended(1);

“end-of-life vehicle” means a vehicle which is waste within the meaning of Article 1(a) of the Waste Directive;

“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;

“keeping” has the same meaning as does the word “storage” in the Directive, and references to “keeping or treatment” include, where appropriate, references to “keeping and treatment”;

“recovery” means any of the operations listed in Annex IIB to the Waste Directive;

“recycling” means the processing in a production process of waste materials for the original purpose or for other purposes but excluding energy recovery;

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

“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 the disposal of the end-of-life vehicle and its component, and “treated” shall be construed accordingly;

“vehicle” means any vehicle designated as category M1 or N1 in Council Directive 70/156/EEC as amended(2) on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers, and three wheel motor vehicles as defined in Council Directive 92/61/EEC(3) relating to the type-approval of two or three wheel motor vehicles, but excluding motor tricycles;

“Waste Directive” means Council Directive 75/442/EEC on waste as amended(4);

“waste management licence” means a licence granted under section 35 (waste management licenses: general) of the Environmental Protection Act 1990(5) or, as the case may be, issued under section 5 (licences to dispose of waste) of the Control of Pollution Act 1974(6), and “site licence” means the type of waste management licence thus described in section 35(12) of the Environmental Protection Act 1990; and

“waste motor vehicle” means a motor vehicle of any type that is waste and includes an end of life vehicle;

(1)

O.J. No. L 269, 21.10.2000, p.34; amended by Commission Decisions 2002/151/EC (O.J. No. L 50, 21.2.2002, p.94) and 2002/525/EC (O.J. No. L 170, 29.6.2002, p.81).

(2)

O.J. No. L 42, 23.2.70, p.1, as amended by Directive 98/91/EC of the European Parliament and of the Council (O.J. No. L 11, 16.1.99, p.25).

(3)

O.J. No. L 225, 10.8.92, p.72.

(4)

O.J. No. L 194, 25.7.75, p.39; amended by Council Directives 91/156/EEC (O.J. No. L 78, 26.3.91, p.32) and 91/692/EEC (O.J. No. L 377, 31.12.91, p.48) and by Commission Decision 96/350/EC (O.J. No. L 135, 6.6.96. p.32).

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