The End-of-Life Vehicles (Producer Responsibility) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Articles 5(1), (2), (4) and 7 of Directive 2000/53/EC of the European Parliament and the Council on end-of-life vehicles (OJ No. L269, 21.10.2000, p.34) (“the Directive”).

The Regulations apply to vehicles and end-of-life vehicles as defined in regulation 2.

The Regulations require a producer to register with the Secretary of State and declare responsibility for those vehicles which he has placed on the market (regulation 7). Under regulation 8 the Secretary of State has the power to ascribe responsibility to a producer in respect of vehicles which have been placed on the market where no producer has made a declaration of responsibility under regulation 7. A producer is obliged to make provision for vehicles for which he has declared responsibility under regulation 7, or has been ascribed responsibility under regulation 8, or when a producer’s business is transferred to another person as set out in regulation 9.

The Regulations require a producer to submit to the Secretary of State an application for approval of the system he has established to collect vehicles for which he is responsible (regulation 10). A producer’s system for collection must contain sufficient capacity to treat those end-of-life vehicles for which he is responsible (regulation 12). The system for collection must also be reasonably accessible to any person who wants to deliver an end-of-life vehicle to it (regulation 11).

Regulation 18 introduces the reuse, recovery and recycling targets for end-of-life vehicles treated at authorised treatment facilities. However, the reuse, recovery and recycling targets do not apply to three-wheel motor vehicles or special-purpose vehicles as defined in the second indent of Article 4(1)(a) of Directive 70/156/EEC. Producers and where appropriate owners or operators of authorised treatment facilities are required to submit a certificate of compliance to demonstrate that they have met their obligations under regulation 18.

The Regulations are to be enforced by the Secretary of State who may appoint the Environment Agencies to act on her behalf. The powers of the Secretary of State and any person appointed by her to act on her behalf as regards enforcement under these Regulations are set out in regulation 22 and Schedule 6. The offences and penalties are set out in regulations 23 and 24.

Regulation 26 introduces a power for the Secretary of State to enter into agreements to implement the obligations in Article 5(4) of the Directive, where she is satisfied that it will achieve one or more of the objectives set out in Article 1 of the Directive.

Certain provisions of the Directive were implemented by the End-of-Life Vehicles Regulations 2003 (S.I. 2003/2635) (“the 2003 Regulations”). Transposition of the Directive is completed by these Regulations which also amend the 2003 Regulations. Regulation 28(a) provides that only Part VII of the 2003 Regulations applies to three-wheel motor vehicles, and that the provisions of Part VI of the 2003 Regulations concerning vehicles placed on the market after 1st July 2002 will not apply after 31st December 2006 (regulations 10(6) and 12(2)). Regulation 28(b) concerns vehicles made in small series; it states that those vehicles are within the scope of Directive 70/156/EEC (OJ No. L042, 23.02.1970 p.1) and disapplies regulations 16 to 26 of the 2003 Regulations in respect of them. Regulation 28(c), (d) and (e) amend Part V of the 2003 Regulations by making provision for the requirements for issuing a valid certificate of destruction.

A Regulatory Impact Assessment is available, copies of which have been placed in the libraries of both Houses of Parliament. Copies are also available from the Department of Trade and Industry.