The Environmental Authorisations (Scotland) Amendment Regulations 2025

Regulation 9(2)

SCHEDULE 6 NEW SCHEDULE 15 TO BE INSERTED INTO THE 2018 REGULATIONS

Regulation 6(1)

“SCHEDULE 15 MANAGEMENT OF WASTE VEHICLES

PART 1 Scope and interpretation

Scope

1.   This schedule applies to the management of waste vehicles.

Interpretation: general

2.   In this schedule—

“depollution” in relation to a waste vehicle, means the carrying out on it of any of the operations described in paragraph 7 of this schedule that are possible (or, in the case of a component identified as containing mercury, feasible) in relation to that waste motor vehicle,

“depolluted”, in relation to a waste vehicle means that all of the possible or feasible depollution operations have been completed in relation to that waste vehicle,

“the 2003 Regulations” means the End-of-Life Vehicles Regulations 2003(1),

“hazardous materials and components” means any material or components containing a hazardous substance,

“hazardous substance” means any hazardous substance which fulfils the criteria for any of the following hazard classes or categories set out in Annex I of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures(2)—

(a)

hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F,

(b)

hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10,

(c)

hazard class 4.1,

(d)

hazard class 5.1,

“shredder” means any device used for tearing into pieces or fragmenting waste vehicles, including for the purpose of obtaining directly reusable metal scrap,

“storage” includes keeping and temporary storage,

“treatment” means any activity after the waste vehicle has been handed over to a facility for depollution, dismantling, shearing, shredding, recovery or preparation for disposal of the shredder wastes, and other operation carried out for the recovery and/or disposal of the waste vehicle and its components,

“vehicle” includes—

(a)

any vehicle designated as category M1 or N1 as defined in Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles(3), and

(b)

three-wheel motor vehicles within the meaning of Article 4 and Annex 1 of Regulation (EU) No168/2013 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles(4), but excluding any vehicle of category L5e,

“waste vehicle” means a motor vehicle of any type that is waste.

PART 2 Amendments to common framework provisions

Authorisations: general

3.   The treatment of waste vehicles may only be authorised by permit or registration.

Authorisations: general conditions

4.   SEPA must ensure that an authorisation for the treatment of waste vehicles includes such conditions as it considers appropriate to ensure that—

(a) stripping of waste vehicles is done in a way that best reduces any adverse impact on the environment, before any further treatment is undertaken,

(b) any components or materials labelled or otherwise identifiable in accordance with regulation 18(2) of the 2003 Regulations are stripped before any further treatment,

(c) depollution of the waste vehicle is completed as soon as possible,

(d) hazardous materials and components are removed from waste vehicles and segregated in such a way so as not to contaminate any part of a vehicle that is to be shredded,

(e) stripping or storage of waste vehicles is carried out to ensure the suitability of components for reuse or recovery, and in particular, recycling.

Authorisations: storage prior to treatment

5.   SEPA must ensure that an authorisation for the storage of waste vehicles includes such conditions as it considers appropriate to ensure that storage of a waste vehicle prior to treatment is only carried out at a site—

(a) having, in appropriate areas, impermeable surfaces and provided with spillage collection facilities, decanters and cleanser-degreasers, and

(b) provided with equipment for the treatment of water (including rainwater) in compliance with all applicable legislation concerning health and environmental matters.

Authorisations: site requirements

6.   SEPA must ensure that an authorisation for the treatment of waste vehicles includes such conditions as it considers appropriate to ensure that treatment is only carried out at a site—

(a) having, in appropriate areas, impermeable surfaces and provided with spillage collection facilities, decanters and cleanser-degreasers,

(b) provided with storage facilities that are appropriate for dismantled spare parts, including impermeable storage facilities for spare parts that are contaminated with oil,

(c) provided with containers that are appropriate for the storage of batteries (whether electrolyte neutralisation is carried out on-site or elsewhere), filters, and condensers containing any PCB (Polychlorinated Biphenyls) or PCT (Polychlorinated Terphenyls) or both,

(d) provided with storage tanks that are appropriate for the separate segregated storage of any fluid from a waste vehicle,

(e) provided with equipment for the treatment of water (including rainwater) in compliance with all applicable legislation concerning health and environmental matters,

(f) at which there is appropriate storage for used tyres without excessive stockpiling, and minimising any risk of fire.

Authorisations: required treatment operations

7.   SEPA must ensure that an authorisation for the treatment of waste vehicles includes such conditions as it considers appropriate to ensure that treatment operations for the depollution of waste vehicles consist of—

(a) the removal of the battery or batteries,

(b) the removal of the liquefied gas tank,

(c) the removal or neutralisation of all potentially explosive components (including air bags),

(d) the removal and separate collection and storage of all—

(i) fuel,

(ii) motor oil,

(iii) transmission oil,

(iv) gearbox oil,

(v) hydraulic oil,

(vi) cooling liquids,

(vii) antifreeze,

(viii) brake fluids,

(ix) air-conditioning system fluids,

(x) any other fluid contained in the vehicle, but excluding any fluid which is necessarily retained for the re-use of the part concerned,

(e) the removal, so far as is feasible, of all components identified as containing mercury.

Authorisations: recovery and recycling

8.   SEPA must ensure that an authorisation for the treatment of waste vehicles includes such conditions as it considers appropriate to ensure that—

(a) where an article or material listed at heads (i) to (v) below, is present in a waste vehicle, no treatment of that vehicle prevents the removal of that article or material for the purposes of recycling—

(i) catalyst or catalysts,

(ii) all metal components containing one or more of copper, aluminium and magnesium,

(iii) tyres,

(iv) all large plastic components (including bumpers, the dashboard, and any fluid container),

(v) glass,

(b) where an article or material listed in sub-paragraph (a) is removed it is done so in a manner that best promotes its recycling,

(c) any storage operation is carried out in a manner that avoids damage to—

(i) any component containing a fluid or fluids,

(ii) any recoverable component,

(iii) any spare part.”

(1)

S.I. 2003/2635, relevantly amended by S.I. 2005/263, S.I. 2010/1094, S.I. 2018/235, S.I. 2018/942, S.I. 2019/188, S.I. 2020/818, and S.S.I. 2011/226.

(2)

EUR 1272/2008, amended by S.I. 2019/720.

(3)

EUR 2018/858, amended by S.I. 2019/648, S.I. 2020/818, and S.I. 2022/1273.

(4)

EUR 2013/168, amended by S.I. 2019/648, and S.I. 2020/818.