The End-of-Life Vehicles Regulations 2003

Statutory Instruments

2003 No. 2635

ENVIRONMENTAL PROTECTION

The End-of-Life Vehicles Regulations 2003

Made

8th October 2003

Laid before Parliament

10th October 2003

Coming into force in accordance with Regulation 1(2)

The Secretary of State, being a Minister designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in respect of measures relating to the prevention, reduction and elimination of pollution caused by waste and in respect of matters relating to the prevention of waste from vehicles and forms of recovery of end-of-life vehicles and their components, in exercise of the powers conferred on her by that section, hereby makes the following Regulations:

Marginal Citations

M1 S.I. 1992/2870 and S.I. 2001/3495.

M2 1972 c. 68. Under section 57 of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under Community law in respect of devolved matters, the function of the Secretary of State in relation to implementing those obligations continues to be exercisable by her as regards Scotland.

PART I U.K. General

Citation, commencement and extent U.K.

1.—(1) These Regulations may be cited as the End-of-Life Vehicles Regulations 2003.

(2) These Regulations shall come into force—

(a) in Great Britain, on 3rd November 2003 in respect of Parts I to VI;

(b) in England and Wales, on 3rd November 2003 in respect of Part VII;

(c) in Northern Ireland—

(i) on 3rd November 2003 in respect of Parts I to IV; and

(ii) on 31st December 2003 in respect of Parts V and VI.

(3) These Regulations extend—

(a) save in respect of Part VII, to the United Kingdom; and

(b) in respect of Part VII, to England and Wales.

Interpretation U.K.

2.  In these Regulations—

“the Directive” means Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles[F1 , as last amended by [F2 Commission Delegated Directive (EU) 2020/363]];

[F3 “authorised treatment facility” means any establishment or undertaking carrying out treatment operations which holds—

(a)

in England or Wales, an environmental permit authorising those operations granted under regulation 13(1) of the Environmental Permitting (England and Wales) Regulations 2016;

(b)

in Scotland, a site licence that complies with the relevant provisions of regulation 3 to 6 of the End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003 or a permit issued under regulation 13 of the Pollution Prevention and Control (Scotland) Regulations 2012;

(c)

in Northern Ireland—

(i)

a site licence that meets the requirements of regulation 26 of, and Schedule 5 to, the Waste Management Licensing Regulations (Northern Ireland) 2003;

(ii)

a permit granted under regulation 10 of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;]

“certificate of compliance” means the certificate referred to in Part VI of these Regulations;

“certificate of destruction” means the certificate referred to in Part V of these Regulations;

“compliance notice” means a notice in writing served in accordance with regulation 9 or 21, as the case may be;

“dismantling information” means all information required for the correct and environmentally sound treatment of end-of-life vehicles;

[F4 “an EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978];

“end-of-life vehicle” means a vehicle which is waste within the meaning of [F5 Article 3(1)] of the Waste Directive [F6 , as read with Articles 5 and 6 of that Directive];

[F7 “enforcement authority” means any person mentioned in regulation 25;]

[F7 “enforcement officer”, in relation to an enforcement authority, means a person authorised in writing to assist the authority in carrying out its functions under or for the purposes of the enforcement of these Regulations, except in relation to an enforcement authority which is a government department where it means an officer of that department;]

[F8 “hazardous substance” means any 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 16th December 2008 on classification, labelling and packaging of substances and mixtures—

(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; and

(d)

hazard class 5.1;]

“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;

“producer” means the vehicle manufacturer or the professional importer of a vehicle into [F9 the United Kingdom];

[F10 “recovery” means any of the applicable operations provided for in [F11 Annex 2] to the Waste Directive;][F10 “recovery” has the meaning given by Article 3(15) of the Waste Directive;]

“recycling” means the reprocessing in a production process of 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;

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

[F12 “vehicle” means—

(a)

any vehicle designated as category M₁ or N₁ defined in [F13 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]; and

(b)

three-wheel motor vehicles within the meaning of Article 4 and Annex 1 of Regulation (EU) No 168/2013 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles as it may be amended from time to time, but excluding any vehicle of category L5e;] and

[F14 “the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste[F15 , as last amended by [F16 Directive (EU) 2018/851]] [F17 , and read in accordance with regulation 2A]] .

Textual Amendments

F1 Words in reg. 2 inserted (17.9.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 9(2)(a)

F2 Words in reg. 2 substituted (1.10.2020) by The Waste (Circular Economy) (Amendment) Regulations 2020 (S.I. 2020/904), regs. 1(1), 7(a)

F3 Words in reg. 2 substituted (28.2.2019) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(a), 2(2)(a)

F4 Words in reg. 2 substituted (1.7.2010) by The End-of-Life Vehicles (Amendment) Regulations 2010 (S.I. 2010/1094), regs. 1(2), 2(2)(a)

F5 Words in reg. 2 substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), reg. 1(1), Sch. para. 15(a)

Words in reg. 2 substituted (E.W.) (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 16(a) (with regs. 2, 47(2))

Words in reg. 2 substituted (N.I.) (28.2.2019) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(a), 2(2)(b)

F6 Words in reg. 2 inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 9(2)(a) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in reg. 2 inserted (1.7.2010) by The End-of-Life Vehicles (Amendment) Regulations 2010 (S.I. 2010/1094), regs. 1(2), 2(2)(b)

F8 Words in reg. 2 substituted (1.12.2010) by The End-of-Life Vehicles (Amendment) Regulations 2010 (S.I. 2010/1094), regs. 1(3), 2(2)(c)

F9 Words in reg. 2 substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 9(2)(b) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in reg. 2 substituted (E.W.) (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 16(b) (with regs. 2, 47(2))

F11 Words in reg. 2 substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), reg. 1(1), Sch. para. 15(b)

Words in reg. 2 substituted (N.I.) (28.2.2019) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(a), 2(2)(c)

F12 Words in reg. 2 substituted (20.5.2018) by The Motorcycles (Type-Approval) Regulations 2018 (S.I. 2018/235), reg. 1(b), Sch. 2 para. 4 (with reg. 1(c), Sch. 1 paras. 16, 17)

F13 Words in reg. 2 substituted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 18(2) (with Sch. 4 paras. 16, 17)

F14 Words in reg. 2 substituted (3.8.2016) by The Waste (Meaning of Recovery) (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/738), regs. 1(1), 4

F15 Words in reg. 2 inserted (17.9.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 9(2)(b)

F16 Words in reg. 2 substituted (1.10.2020) by The Waste (Circular Economy) (Amendment) Regulations 2020 (S.I. 2020/904), regs. 1(1), 7(b)

F17 Words in reg. 2 inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 9(2)(d) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

[F18 Modification of the Waste Directive U.K.

2A.— (1) For the purposes of these Regulations, the Waste Directive is to be read in accordance with this regulation.

(2) Article 5 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b) after paragraph 1 there were inserted—

“1A.   Any decision as to whether a substance or object is a by-product must be made—

(a) in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

(b) having regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article.”;

(c) paragraphs 2 and 3 were omitted.

(3) Article 6 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b) after paragraph 1 there were inserted—

“1A.   Any decision as to whether a substance or object has ceased to be waste must be made—

(a) in accordance with any regulations or retained direct EU legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

(b) having regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article.”;

(c) in paragraph 2—

(i) the first subparagraph were omitted;

(ii) in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

(iii) the third and fourth subparagraphs were omitted;

(d) paragraph 3 were omitted;

(e) in paragraph 4—

(i) in the first subparagraph—

(aa) in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the appropriate agency”;

(bb) the second sentence were omitted;

(ii) in the second subparagraph—

(aa) for “Member States” there were substituted “The appropriate agency”;

(bb) “by competent authorities” were omitted.

(4) In this regulation—

“appropriate agency” means—

(a)

in relation to England, the Environment Agency;

(b)

in relation to Wales, the Natural Resources Body for Wales;

(c)

in relation to Scotland, the Scottish Environment Protection Agency;

“appropriate authority” means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Wales, the Welsh Ministers;

(c)

in relation to Scotland, the Scottish Ministers.]

Textual Amendments

F18 Reg. 2A inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 9(3) (as amended by S.I. 2020/1540, regs. 1(2), 11(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

PART II U.K. Application

Vehicles and End-of-Life Vehicles to which these Regulations apply U.K.

3.—(1) These Regulations apply to vehicles and end-of-life vehicles including their components and materials.

F19 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Notwithstanding regulation 38(2), the Regulations 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 F20 ... domestic provisions.

[F21 [F22 (4) These Regulations do not apply to three-wheel motor vehicles.]

(5) With effect from 31st December 2006, regulations 37 to 43 of these Regulations shall cease to apply.]

Textual Amendments

F19 Reg. 3(2) omitted (E.W.) (6.4.2008) by virtue of The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 21 para. 43(3)(a) (with regs. 69-72)

F20 Words in reg. 3(3) omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 9(4) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F21 Reg. 3(4)(5) inserted (3.3.2005) by The End-of-Life Vehicles (Producer Responsibility) Regulations 2005 (S.I. 2005/263), regs. 1, 28(a)

F22 Reg. 3(4) substituted (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 21 para. 43(3)(b) (with regs. 69-72)

[F23 Existing legislation] U.K.

4.  Nothing in these Regulations shall affect the application of [F24 any other relevant legislation], in particular as regards safety standards, air emissions and noise controls and the protection of soil and water.

Textual Amendments

F23 Reg. 4 heading substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 9(5)(a) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F24 Words in reg. 4 substituted (31.12.2020) by S.I. 2019/188, reg. 9(5)(b) (as substituted by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(3)(b))

Application to vehicles produced in small series U.K.

5.  Where a producer only makes or imports vehicles [F25 to which [F26 Articles 42 and 43 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] applies, regulations 16 to 26 shall not apply].

Textual Amendments

F25 Words in reg. 5 substituted (3.3.2005) by The End-of-Life Vehicles (Producer Responsibility) Regulations 2005 (S.I. 2005/263), regs. 1, 28(b)

F26 Words in reg. 5 substituted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 18(3) (with Sch. 4 paras. 16, 17)

PART III U.K. Design Requirements

Prohibition on heavy metals U.K.

[F27 6.   A person who puts on the market materials and components of vehicles shall ensure that they do not contain lead, mercury, cadmium or hexavalent chromium except in the cases listed in Annex II to the Directive, as that Annex is amended from time to time.]

Textual Amendments

F27 Reg. 6 substituted (1.7.2010) by The End-of-Life Vehicles (Amendment) Regulations 2010 (S.I. 2010/1094), regs. 1(2), 2(3)

Requirement for technical documentation U.K.

[F28 7.   A person who puts on the market materials and components of vehicles shall at the request of an enforcement authority submit technical documents or other information showing that those materials and components comply with the requirements of regulation 6.]

Textual Amendments

F28 Reg. 7 substituted (1.7.2010) by The End-of-Life Vehicles (Amendment) Regulations 2010 (S.I. 2010/1094), regs. 1(2), 2(4)

[F29 8.   A person who puts on the market materials and components of vehicles shall ensure that they keep the information necessary for them to submit to the enforcement authority the documents referred to in regulation 7 for a period of 4 years from the date that they put the materials and components on the market.]

Textual Amendments

F29 Reg. 8 substituted (1.7.2010) by The End-of-Life Vehicles (Amendment) Regulations 2010 (S.I. 2010/1094), regs. 1(2), 2(5)

Compliance Notice U.K.

9.—(1) Where the enforcement authority has reasonable grounds for suspecting that any or all of the requirements of the following regulations have not been complied with—

(a) regulation 6;

(b) regulation 7; and

(c) regulation 8

it may serve a compliance notice on the [F30 person suspected of the non-compliance].

(2) A compliance notice which is served under paragraph (1) shall—

(a) state that the enforcement authority suspects a requirement of this Part of the Regulations has been contravened;

(b) specify the reason it is suspected that a requirement of this Part of the Regulations has been contravened and give particulars thereof;

(c) require the [F31 person] to whom notice is given—

(i) to comply with the requirements of the Regulations where it is suspected that he is in breach; or

(ii) to provide evidence to the satisfaction of the enforcement authority that the requirements of the Regulations have been met;

(d) specify the period of time within which the [F31 person] must comply with the notice issued by the enforcement authority; and

(e) warn the [F31 person] that unless the requirement is complied with, or satisfactory evidence has been provided within the period specified in the notice, he may be prosecuted under regulation 10.

Textual Amendments

F30 Words in reg. 9(1) substituted (1.7.2010) by The End-of-Life Vehicles (Amendment) Regulations 2010 (S.I. 2010/1094), regs. 1(2), 2(6)

F31 Word in reg. 9(2) substituted (1.7.2010) by The End-of-Life Vehicles (Amendment) Regulations 2010 (S.I. 2010/1094), regs. 1(2), 2(7)

Offences U.K.

10.  Any person who contravenes a requirement of regulation—

(a) 6;

(b) 7; or

(c) 8

shall be guilty of an offence.

Penalties U.K.

11.—(1) A person guilty of an offence under regulation 10 (a) shall be liable—

(a) on summary conviction to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment to a fine.

(2) A person guilty of an offence under regulation 10 (b) or (c) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Defence of due diligence U.K.

12.—(1) Subject to the following provisions of this regulation, in proceedings against any person for an offence under regulation 10 it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

(2) Where in any proceedings against any person for such an offence the defence provided by paragraph (1) involves an allegation that the commission of the offence was due—

(a) to the act or default of another; or

(b) to reliance on information given by another,

that person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings (or, in Scotland, the trial diet), he has served a notice under paragraph (3) on the person bringing the proceedings.

(3) A notice under this paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.

(4) It is hereby declared that a person shall not be entitled to rely on the defence provided by paragraph (1) by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular—

(a) to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and

(b) to whether he had any reason to disbelieve the information.

Liability of persons other than the principal offender U.K.

13.—(1) Where the commission by any person of an offence under regulation 10 is due to the act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.

(2) Where a body corporate is guilty of an offence under Part III of these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(3) Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(4) In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner and any reference to a person purporting to act in such capacity shall be construed accordingly.

PART IV U.K. Information requirements

Coding Standards U.K.

14.  A producer shall use the material and component coding standards referred to in regulation 15 to facilitate the identification of those materials and components suitable for reuse and recovery.

[F32 15.   For the purposes of regulation 14, “material and component coding standards” means the nomenclature of the material and component coding standards for end-of-life vehicles set out in Schedule 2.]

Textual Amendments

F32 Reg. 15 substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 9(7) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

16.  A producer shall at the request of the enforcement authority submit information showing that material and component coding standards have been used.

17.  A producer shall ensure that he keeps the information necessary for him to comply with a request from the enforcement authority to submit the information referred to in regulation 16 for a period of four years from the date that he puts the materials and/or components on the market.

Dismantling Information U.K.

18.—(1) A producer shall—

(a) provide dismantling information for each type of new vehicle put on the market within six months after the date that vehicles of that type are first put on the market;

(b) at the request of the enforcement authority submit to it the dismantling information referred to in paragraph (1) (a).

(2) The dismantling information shall identify, in so far as it is needed by treatment facilities, the different materials and components of the vehicle, and the location of all hazardous substances in the vehicle in order to achieve the [F33 following objectives] —

(a) the reuse of components which are suitable for reuse;

(b) the recovery of components which cannot be reused; and

(c) giving 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.

Textual Amendments

F33 Words in reg. 18(2) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 9(8) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

19.—(1) A producer of components used in vehicles shall make available to authorised treatment facilities upon request from those facilities information concerning dismantling, storage and testing of components which can be reused.

(2) The obligation in paragraph (1) is without prejudice to any duty of confidence in respect of industrial or commercial information apart from that imposed by these Regulations.

Reporting and Information U.K.

20.—(1) A producer shall publish information on—

(a) the design of vehicles and their components with a view to their recoverability and recyclability;

(b) the environmentally sound treatment of end-of-life vehicles in particular the removal of all fluids and dismantling;

(c) the development and optimisation of ways to reuse, recycle and recover end-of-life vehicles and their components;

(d) 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.

(2) A producer shall—

(a) make the information referred to in regulation 20(1) accessible to prospective buyers of vehicles; and

(b) include the information referred to in regulation 20(1) in promotional literature used in the marketing of new vehicles.

Compliance Notice U.K.

21.  Where an enforcement authority has reasonable grounds for suspecting that any or all of the requirements of the following regulations have not been complied with—

(a) regulation 16;

(b) regulation 18; and

(c) regulation 20

it may serve a compliance notice on the producer.

22.  A notice which is served under regulation 21 shall—

(a) state that the enforcement authority suspects that a requirement of this Part of the Regulations has been contravened;

(b) specify the reason it is suspected that a requirement of this Part of the Regulations has been contravened and give particulars thereof;

(c) require the producer to comply with the requirement;

(d) specify the period of time within which the producer must comply with therequirement; and

(e) warn the producer that unless the requirement is complied with or satisfactory evidence has been provided within the period specified in the notice he may be prosecuted under regulation 23.

[F34 Entry and Inspection U.K.

22A.— (1) For the purposes of carrying out their functions under these Regulations, an enforcement officer may exercise the following powers of entry and inspection.

(2) Subject to the production if so requested of their credentials, an enforcement officer may—

(a) enter at any reasonable time any premises except for a private dwelling which that officer considers necessary to enter;

(b) make such examination and investigation as may in the circumstances be necessary;

(c) take such measurements and photographs and make such recordings as are considered necessary for the purpose of an examination or investigation under sub-paragraph (b);

(d) take samples, or cause samples to be taken, of any materials and components of vehicles found in or on any premises which the enforcement officer has power to enter;

(e) require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records—

(i) which are required to be kept under these Regulations, or

(ii) which it is necessary to see for the purposes of an examination or investigation under sub-paragraph (b),

and inspect and take copies of, or any entry in, the records; and

(f) require any person on the premises to afford such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the enforcement officer to exercise any of the powers conferred on them by these Regulations.]

Textual Amendments

F34 Reg. 22A inserted (1.7.2010) by The End-of-Life Vehicles (Amendment) Regulations 2010 (S.I. 2010/1094), regs. 1(2), 2(8)

Offences U.K.

[F35 23.— (1) A producer who fails to comply with any of the requirements of the following regulations—

(a) regulation 16;

(b) regulation 18; and

(c) regulation 20

shall be guilty of an offence.

(2) A person shall be guilty of an offence if they—

(a) without reasonable cause, fail to comply with a requirement imposed under regulation 22A;

(b) without reasonable cause, obstruct an enforcement officer in the exercise of powers in regulation 22A.]

Textual Amendments

F35 Reg. 23 substituted (1.7.2010) by The End-of-Life Vehicles (Amendment) Regulations 2010 (S.I. 2010/1094), regs. 1(2), 2(9)

Penalties U.K.

24.  A [F36 person] who is guilty of an offence under regulation 23 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F36 Word in reg. 24 substituted (1.7.2010) by The End-of-Life Vehicles (Amendment) Regulations 2010 (S.I. 2010/1094), regs. 1(2), 2(10)

Enforcement U.K.

[F37 25.   The Secretary of State shall be under a duty to enforce Parts III and IV of these Regulations and in carrying out those duties may appoint any person to act on behalf of the Secretary of State.]

Textual Amendments

F37 Reg. 25 substituted (1.7.2010) by The End-of-Life Vehicles (Amendment) Regulations 2010 (S.I. 2010/1094), regs. 1(2), 2(11)

26.—(1) Subject to regulation 26(2) the enforcement authority shall not commence proceedings for an offence under [F38 Part III or regulation 23(1)] unless a compliance notice has been served on the producer and the time limit specified for compliance in the compliance notice has expired.

(2) The enforcement authority shall not commence proceedings for an offence in Scotland.

Textual Amendments

F38 Words in reg. 26 substituted (1.7.2010) by The End-of-Life Vehicles (Amendment) Regulations 2010 (S.I. 2010/1094), regs. 1(2), 2(12)

PART V U.K. Certificate of destruction

Issue of the certificate of destruction U.K.

27.  Subject to regulations 28 and 29, when an authorised treatment facility accepts delivery of an end-of-life vehicle transferred to it for treatment, it shall issue a certificate of destruction to the last holder or owner of the vehicle.

Prohibition of charges U.K.

28.  An authorised treatment facility shall not impose any charge on the last holder or owner of an end-of-life vehicle for the issue of a certificate of destruction.

Form and content of certificate of destruction U.K.

29.  The certificate of destruction issued by the authorised treatment facility [F39 on the form which is to be approved by the Secretary of State,] shall contain at least the information listed in Schedule 3F40 ...

Textual Amendments

F39 Words in reg. 29 inserted (3.3.2005) by The End-of-Life Vehicles (Producer Responsibility) Regulations 2005 (S.I. 2005/263), regs. 1, 28(c)

F40 Words in reg. 29 omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 9(9) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

[F41 Issue of a certificate of destruction U.K.

29A.   A certificate of destruction is validly issued for the purposes of these Regulations only where —

(a) it is issued by an authorised treatment facility; and

(b) it meets the requirements of regulation 29.]

Textual Amendments

F41 Reg. 29A inserted (3.3.2005) by The End-of-Life Vehicles (Producer Responsibility) Regulations 2005 (S.I. 2005/263), regs. 1, 28(d)

Enforcement U.K.

30.  It shall be the duty of the following authorities to enforce this Part of the Regulations—

(a) in Great Britain, the Secretary of State, and

(b) in Northern Ireland, the Department of the Environment.

Offences U.K.

31.  Any person who contravenes a requirement of regulation—

(a) 27; or

(b) 28; [F42 or

(c) 29A]

shall be guilty of an offence.

Textual Amendments

F42 Reg. 31(c) and word inserted (3.3.2005) by The End-of-Life Vehicles (Producer Responsibility) Regulations 2005 (S.I. 2005/263), regs. 1, 28(e)

Penalties U.K.

32.  A person guilty of an offence under regulation 31 shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Certificate of destruction issued in an EEA State or Gibraltar U.K.

33.  A certificate of destruction validly issued—

(a) by an authorised treatment facility in [F43 an] EEA State or in Gibraltar; or

(b) where permitted by a licensing authority in [F44 an] EEA State or in Gibraltar, by a producer, dealer or collector on behalf of an authorised treatment facility;

in accordance with—

(i) Article 5(3) of the Directive; and

(ii) Decision 2002/151/EC,

[F45 and containing at least the information listed in Schedule 3 has legal effect, and all rights, powers, liabilities, obligations and restrictions arising out of or incidental to such certificates or their issue shall be recognised and available in law, and be enforced, allowed and followed accordingly.]

Textual Amendments

F43 Word in reg. 33(a) substituted (31.12.2020) by S.I. 2019/188, reg. 9(1)(a) (as substituted by The Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1078), regs. 1, 4(2); 2020 c. 1, Sch. 5 para. 1(1))

F44 Word in reg. 33(b) substituted (31.12.2020) by S.I. 2019/188, reg. 9(1)(a) (as substituted by The Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1078), regs. 1, 4(2); 2020 c. 1, Sch. 5 para. 1(1))

F45 Words in reg. 33 substituted (31.12.2020) by S.I. 2019/188, reg. 9(1)(b) (as substituted by The Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1078), regs. 1, 4(2); 2020 c. 1, Sch. 5 para. 1(1))

Amendments to the Road Vehicles (Registration and Licensing) Regulations 2002 U.K.

34.  The Road Vehicles (Registration and Licensing) Regulations 2002 M3 are amended as follows—

(a) in regulation 17 the words “destroyed or” shall be deleted;

(b) after regulation 17 the following shall be inserted—

“Vehicles to which the End-of-Life Vehicles Directive applies

17A.— (1) This regulation applies to a vehicle to which Directive 2000/53 of the European Parliament and of the Council on end-of-life vehicles applies and which is—

(a) registered in the GB or NI records; or

(b) designed or adapted for use on a road and would be registered but for the fact that it falls within the exemption in regulation 29(2).

(2) Where a vehicle to which this regulation applies is transferred to an authorised treatment facility—

(a) if that facility is in the United Kingdom, the owner or operator thereof shall notify the Secretary of State of the issue of a certificate of destruction pursuant to regulation 27 of the End-of-Life Vehicles Regulations and at the same time shall surrender the registration document to him, except where the registration document has been lost, stolen or destroyed; and

(b) if that facility is in an EEA State other than the United Kingdom, the registered keeper of the vehicle shall notify the Secretary of State of the issue in that other EEA State of a certificate of destruction and at the same time the registered keeper shall surrender the registration document to him except where the registration document has been lost, stolen or destroyed.

(3) Where the Secretary of State has been notified of the issue of a certificate of destruction he shall not as respects the vehicle to which it relates—

(a) record in the GB records or, in the case of a vehicle registered in Northern Ireland, in the NI records any further change of keeper;

(b) accept the required declaration in paragraph 1(1) of Schedule 4.

(4) In this regulation “authorised treatment facility”, “certificate of destruction” and “EEA State” have the meanings that those expressions have in the End-of-Life Vehicles Regulations 2003.”; and

(c) In Schedule 8—

(i) in column 1 under the heading “Regulation”, after “17” there shall be inserted “ 17A ”; and

(ii) in column 2 under the heading “Subject matter of regulation”, after “Notification of destruction or permanent export of a vehicle” there shall be inserted “ Notification of the issue of a certificate of destruction: vehicle to which the End-of-Life Vehicles Directive applies ”.

Marginal Citations

M3 S.I. 2002/2742.

Restrictions on disclosure of information U.K.

F46 35.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F46 Reg. 35 omitted (1.7.2010) by virtue of The End-of-Life Vehicles (Amendment) Regulations 2010 (S.I. 2010/1094), regs. 1(2), 2(13)

Interpretation U.K.

36.  In this Part of the Regulations—

(a) “register” means the record kept by or on behalf of the Secretary of State of the vehicles registered by him in Great Britain or in Northern Ireland under section 21 of the Vehicle Excise and Registration Act 1994; and

(b) “Secretary of State” means the Secretary of State for Transport.

PART VI U.K. Delivery of end-of-life vehicles to treatment facilities

Application U.K.

37.  This Part of the Regulations applies to vehicles put on the market on or after 1 July 2002 that are end-of-life vehicles which have no market value.

Delivery of an end-of-life vehicle to a treatment facility U.K.

38.—(1) Subject to regulation 38(2) when an authorised treatment facility accepts delivery of an end-of-life vehicle it shall not impose a charge on the last holder or owner of that vehicle as a result of the vehicle having no market value.

(2) In circumstances where the end-of-life vehicle does not contain the essential components of a vehicle, in particular the engine, transmission, coachwork, catalytic converter and wheels, or contains waste which has been added to the end-of-life vehicle, an authorised treatment facility may impose a charge on the last holder or owner of the vehicle.

39.  Subject to regulation 38(2), a producer who has put a vehicle on the market on or after 1st July 2002 shall be responsible for meeting the costs incurred by an authorised treatment facility under regulation 38(1), as a result of such a vehicle having no market value when it is delivered to an authorised treatment facility.

Enforcement U.K.

40.  It shall be the duty of the following authorities to enforce this Part of the Regulations—

(a) in Great Britain, the Secretary of State, and

(b) in Northern Ireland, the Department of the Environment.

41.—(1) A producer shall furnish a certificate of compliance to the relevant enforcement authority in respect of his obligations under regulation 39.

(2) Schedule 4 shall apply as regards the information to be contained in a certificate of compliance.

Offences U.K.

42.—(1) A person who contravenes regulation 38(1) shall be guilty of an offence.

(2) A person who—

(a) fails upon request to furnish a certificate of compliance;

(b) knows the information provided in or in connection with the certificate to be false or misleading in a material particular; or

(c) furnishes such information recklessly and it is false or misleading in a material particular

shall be guilty of an offence.

Penalties U.K.

43.  A person guilty of an offence under either paragraph (1) or (2) or both of regulation 42 shall be liable—

(a) on summary conviction to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment to a fine.

F47 PART VII E+W Keeping and treatment of waste motor vehicles

Textual Amendments

F47 Pt. VII omitted (6.4.2008) by virtue of The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 21 para. 43(4) (with regs. 69-72) (for a saving see S.I. 2016/1154, regs. 1(1), 74 (with regs. 1(3), 77-79, Sch. 4))

Modification of conditions to existing site licences E+W

F47 44.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement for site licence in respect of activities formerly exempted E+W

F47 45.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions to be included in site licences E+W

F47 46.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recovery of depolluted waste motor vehicles as an exempt activity E+W

F47 47.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments to the Waste Management Licensing Regulations 1994 E+W

F47 48.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Charges E+W

F47 49.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation E+W

F47 50.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Stephen Timms,

Minister of State for Energy, E-Commerce and Postal Services,

Department of Trade and Industry

Regulation 6

F48 SCHEDULE 1 U.K. MATERIALS AND COMPONENTS EXEMPT FROM REGULATION 6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F48 Sch. 1 omitted (1.7.2010) by virtue of The End-of-Life Vehicles (Amendment) Regulations 2010 (S.I. 2010/1094), regs. 1(2), 2(14)

Regulation 15

SCHEDULE 2 U.K. NOMENCLATURE OF MATERIAL AND COMPONENT CODING STANDARDS FOR END-OF-LIFE VEHICLES

For the labelling and identification of vehicle plastic components and materials having a weight of more than 100 grams, the following nomenclature applies:

—ISO 1043-1 Plastics—symbols and abbreviated terms. Part 1: Basic polymers and their special characteristics.

—ISO 1043-2 Plastics—symbols and abbreviated terms. Part 2: Fillers and reinforcing materials.

—ISO 11469 Plastics—Generic identification and marking of plastic products.

For the labelling and identification of vehicle elastomer components and materials having a weight of more than 200 grams, the following nomenclature applies:

—ISO 1629 Rubbers and latices—Nomenclature. This shall not apply to the labelling of tyres.

The symbols “<” or “>” used in the ISO standards, can be substituted by brackets.

Regulation 29

SCHEDULE 3 U.K. MINIMUM REQUIREMENTS FOR THE CERTIFICATE OF DESTRUCTION F49 ...

Textual Amendments

F49 Words in Sch. 3 heading omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 9(11)(a) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

1.  Name, address, signature and registration or identification number M4 of the establishment or undertaking issuing the certificate. U.K.

Marginal Citations

M4 This requirement may be waived in the case where the national registration or identification does not provide for such number.

2.  Name and address of competent authority responsible for the permit F50 ... for the establishment or undertaking issuing the certificate of destruction. U.K.

Textual Amendments

F50 Words in Sch. 3 para. 2 omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 9(11)(b) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

3.  Date of issue of the certificate of destruction. U.K.

4.  Vehicle nationality mark and registration number (attach the registration document or a statement by the establishment or undertaking issuing the certificate that the registration document has been destroyed M5 ). U.K.

Marginal Citations

M5 In the case where no registration document exists on paper due to the use of an electronic registration system, this requirement may be waived.

5.  Class of vehicle, brand and model. U.K.

6.  Vehicle identification number (chassis). U.K.

7.  Name, address, nationality and signature of the holder or owner of the vehicle delivered. U.K.

Regulation 41

SCHEDULE 4 U.K. INFORMATION IN CERTIFICATE OF COMPLIANCE

The information to be contained in a certificate of compliance is as follows—

(a) the name and address of the producer who issued the certificate of compliance;

(b) the date of certificate;

(c) the marque or marques of vehicle which the producer accepts responsibility for putting on the market on or after 1st July 2002;

(d) the information relevant to demonstrate the producer’s compliance with theobligations in regulation 39, including details of—

(i) an appropriate contact point, and

(ii) a list of organisations to whom this has been notified;

(e) confirmation/certification by the producer that he has complied with his obligations under regulation 39.

Regulations 44, 45 and 48

F51 SCHEDULE 5 E+W CONDITIONS TO BE INCLUDED IN SITE LICENCES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F51 Sch. 5 omitted (6.4.2008) by virtue of The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 21 para. 43(4) (with regs. 69-72)

Explanatory Note

(This note is not part of the Regulations)

These Regulations partially implement Directive 2000/53/EC of the European Parliament and the Council on end-of-life vehicles (OJ No. L 269, 21.10.2000, p. 34). The following provisions of the Directive are transposed in these Regulations, namely Articles 2, 3(1) to (5), 4(2) plus Annex II, 5(3), 5(4) in respect of vehicles put on the market on or after 1st July 2002, 6(1) to (4) and Annex I, 8 and 9(2).

The Regulations apply to end-of-life vehicles as defined in regulation 2, while Part VII also applies to waste motor vehicles not covered by that definition. Part II of the Regulations provides for the application of the Regulations. Regulation 5 states that the information requirements in regulations 14 to 26 do not apply to vehicles produced in small series as defined in Article 8(2)(a) of Directive 70/156/EC (OJ No. L42, 23.2.1970, p. 1).

In Part III of the Regulations the design requirements for materials and components of vehicles put on the market after the Regulations come into effect are set out. Regulation 6 requires producers to ensure that materials and components of such vehicles do not contain lead, mercury, cadmium or hexavelent chromium apart from in those cases listed in Schedule 1 to the Regulations. Regulation 7 requires a producer following a request from the enforcement authority to submit technical documents showing compliance with the requirements of regulation 6 and Schedule 1. A producer is required to keep the technical documents for a period of four years from the date the materials and components are put on the market (regulation 8).

Enforcement in this Part of the Regulations is by a compliance notice procedure (regulation 9). Regulation 10 introduces offences for breach of the requirements of Part III. The penalties to be applied for breach of the requirements in Part III are set out in regulation 11. There are also provisions relating to the defence of due diligence (regulation 12) as well as liability of persons other than the principal offender (regulation 13).

Part IV of the Regulations introduces the information requirements. A producer is required to use material and component coding standards to facilitate the identification of those materials and components which are suitable for reuse and recovery (regulation 14, 15 and Schedule 2). Following a request from the enforcement authority the producer small submit information showing that material and coding standards have been used (regulation 16). A producer is obliged to keep the information necessary to demonstrate compliance for a period of four years from the date the materials and components are put on the market (regulation 17). A producer is required to provide the enforcement authority with dismantling information within six months after the date that each type of new vehicle is put on the market (regulation 18). Regulation 19 requires producers to publish information on the recoverability and recyclability of vehicles. Enforcement is by a compliance notice procedure (regulation 21). Regulations 23 and 24 introduce the offences and the penalties to be applied for breach of the requirements in Part IV.

Part V of the Regulations introduces the Certificate of Destruction (CoD). Regulation 27 provides that when an end-of-life vehicle is transferred to it for treatment, an authorised treatment facility (defined in regulation 2) may issue a CoD to the last holder /owner of the end-of-life vehicle. Regulation 28 prohibits the authorised treatment facility from imposing a charge on the last holder/owner for issuing the CoD. Regulation 29 and Schedule 3 provide for the form and content of the CoD. Regulation 33 amends regulation 17 of the Road Vehicles (Registration and Licensing) Regulations, S.I. 2742/2002. Where an end-of-life vehicle is transferred to an authorised treatment facility the facility shall notify the Secretary of State for Transport that a CoD has been issued (regulation 34). Moreover, where the Secretary of State is notified that a CoD has been issued he shall not record any further change of keeper in the Register (regulation 34 which amends regulation 17 of S.I. 2742/2002). Regulation 34 also provides for mutual recognition of CoDs throughout the European Economic Area and in Gibraltar. Regulation 36 provides for restrictions on the disclosure of information obtained from the vehicle register.

Part VI of the Regulations sets out the provisions for treatment of end-of-life vehicles put on the market on or after 1st July 2002. Authorised treatment facilities are prohibited from charging the last holder/owner as a result of the vehicle having no market value (regulation 38(1)). Producers are responsible for meeting the costs of treatment of an end-of-life vehicle which has no market value when delivered to an authorised treatment facility for treatment (regulation 39). The Secretary of State will enforce this Part of the Regulations by means of a certificate of compliance procedure (regulations 40 to 41 and Schedule 3). Regulations 42 and 43 introduce the offences and the penalties to be applied where there is a breach of the requirements of Part VI.

Part VII of the Regulations provides that all existing site licences (being a type of waste management licence granted (in England and Wales) by the Environment Agency under section 35 of the Environmental Protection Act 1990) under which either or both the keeping or treatment of waste motor vehicles (almost all being end-of-life vehicles) is currently authorised shall be modified, so as now to include the conditions contained in Schedule 5 to the Regulations (being the conditions and other provisions now required by Article 6 of, and Annex I to, Directive 2000/53/EC) (regulation 44). All recovery operations (which are a type of treatment) currently carried out under the cover of registered exemptions from the requirement to have a site licence, (with the exception only of those carried out on depolluted vehicles) are now required to be conducted under the authorisation of a site licence, and regulation 45 deals with the arrangements by which exemption holders may apply for site licences. Regulation 49 describes the fees to accompany such applications. Regulation 47 preserves the exemption from licensing for those treating only depolluted vehicles. Regulation 48 makes certain consequential amendments to the Waste Management Licensing Regulations 1994 (S.I. 1994/1056).

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.