G/TBT/N/EU/1058  
24 April 2024  
(24-3376) Page: 1/3 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  EUROPEAN UNION  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
European Commission  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
European Comm ission,  
EU-TBT Enquiry Point,  
Fax: +(32) 2 299 80 43,  
E-mail: grow-eu-tbt@ec.europa.eu  
Website: http://ec.europa.eu/growth/tools -databases/tbt/en/  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [X], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):   
• vehicles of categories M1 and N1 as set out in Article 4(1), point (a)(i) and (b)(i), 
of Regulation (EU) 2018/858 (relevant for Chapter II and Section II of the Chapter 
IV); 
• vehicles of categories M2, M3, N2, N3 and O as set out in Article 4(1) of Regulation 
(EU) 2018/858 (relevant for Article 11 and Section II of the Chapter IV);  
• vehicles categories L3e, L4e , L5e, L6e and L7e as set out in Article 4(2), points 
(c) to (g), of Regulation (EU) 168/2013 (relevant only for Article 11).  
5. Title, number of pages and language(s) of the notified document:  Proposal for a 
Regulation of the European Parliament and of the Council on circularity requirements for 
vehicle design and on management of end -of-life vehicles, amending Regulations (EU) 
2018/858 and 2019/1020 and repealing Directives 2000/53/EC and 2005/64/EC 
(COM/2023/451 final ); (100 page(s), in English), (34 page(s), in English)  
6. Description of content:  The proposed Regulation lays down the circularity requirements 
on vehicle design and production related to reusability, recyclability and recoverability 
and the use of recycled content, which are to be verified at type -approval of vehicles, and 
on information and labelling requirements on part s, components and materials in vehicles. 
It also sets out the requirements on extended producer responsibility, collection and 
treatment of end -of-life vehicles, as well as on the export of used vehicles from the Union 
to third countries.  G/TBT/N/EU/1058  
 
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  The proposal for an ELV Regulation builds on and replaces two existing Directives: 
Directive 2000/53/EC  on end -of-life vehicles and Directive 2005/64/EC  on the type -
approval of motor vehicles with regard to their reusability, recyclability and recoverability.  
In order to ensure to improve the design of the vehicles, the new requirements are 
proposed:   
• Circular design: 6 years after entry into force of the Regulation, the new type -
approved vehicles will have to comply with the requirements on reusability, 
recyclability a nd recoverability (Article 4) and substances (Article 5). New type -
approved vehicles will have to contain at least 25% of plastic recycled from post -
consumer plastic waste, with 25% of such material coming from recycled end -of-
life vehicles (Article 6). Ne w type -approved vehicles will have to be designed in a 
way which ensures an easy removal of batteries and electric motors from ELVs 
and does not hinder the removal and replacement of the most valuable parts for 
re-use and recycling (Article 7). Additionall y, Article 9 sets out the obligations for 
the manufacturers of new vehicles to draw -up the circularity strategy, Article 10 
requires to declare the recycled content present in the vehicle and to provide the 
information on removal and replacement of parts, components and materials 
present in vehicles (Article 11). These requirements shall apply 3 years after entry 
into force of the Regulation. The Regulation also foresees a new element – each 
vehicle placed on the market within 6 years after entry into Regul ation, shall have 
a circularity vehicle passport in a digital form (Article 13).  
• The above -mentioned design related requirements shall apply to the vehicles 
belonging to M1 and N1 categories, with the exception of Article 11 which shall 
also apply to categ ories L3e -L7e, M2, M3, N2, N3 and O.  
• Export of used vehicles. In order to improve the quality of vehicles that are 
exported from the EU to third countries, only those vehicles which are not end -
of-life vehicles based on the criteria listed in Annex I to th e COM/2023/451 and 
are roadworthy in accordance with Directive 2014/45/EU, would be authorised to 
be exported outside the EU. This requirement shall apply 3 years after entry into 
force of the Regulation.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  The evaluation  of the reviewed legi slation on end -of-life vehicles revealed 
that that today design and production of vehicles do not sufficiently contribute to the 
circular economy objectives due to the lack to recyclability, reusability and recoverability 
and use of recycled content in veh icles. Lack of circularity at the design phase leads to 
sub-optimal treatment of vehicles at the end of their life. The main objective of the 
proposal is to establish a closer link between the design requirements for vehicles and 
the provisions concerning end-of-life management. This will help to save primary 
resources, contribute the climate neutrality objectives and prevent the material loss of 
the automotive waste.  
Today the end -of-life vehicles are considered hazardous waste and their export from the 
EU to non -OECD countries is banned. This is not the case for used vehicles that have not 
formally reached the waste stage. As it was assessed in the Impact Assessment  
supporting the Regulation proposal on the end -of-life vehicles, over 800,000 used vehicles 
are exported from the EU each year, mainly to Africa. Many of these vehicles are 
dangerous, highly polluting and do not have valid roadworthiness certificate. Their export 
to third countries has a significant impact on air pollution and human health. All these 
negative factors can be translated into damage costs to environment which are external 
transportation costs not directly borne by the exporters but transferred to the destination 
countries. To address this, Section 2 "Export of used vehicles" under the Chapter V lays 
down the requirements on the export of used vehicles from the EU to third parties. Only 
those ve hicles which are not end -of-life and have a valid roadworthiness status (i.e. 
technically and legally allowed to be used on the EU roads) would be authorised to be 
exported from the EU. Articles 38 -45 establish a comprehensive control mechanism, 
which woul d enable customs, before releasing used cars for export, to verify electronically 
and automatically the compliance of each vehicle subject to the export procedures. If a 
vehicle is not considered roadworthy based on the information of the Member State, 
where it was last registered, such vehicle would not be released for export. The export G/TBT/N/EU/1058  
 
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  measures are expected to significantly improve the quality of the exported second -hand 
vehicles, so increasing the affordability to the more sustainable and safer transpor t 
means. This substantially contributes to the protection of environment at a global level.  
8. Relevant documents:   
Additional information on the legislative:  
Press release: https://ec.europa.eu/commission/presscorner/detail/en/IP_23_3819  
Questions and Answers :  
https://ec.europa.eu/commission/presscorner/detail/en/qanda_23_3820  
Dedicated website:  
https://environment.ec.europa.eu/topics/waste -and-recycling/end -life-vehicles_en  
9. Proposed date of adoption:  Approximate ado ption date 2025 (tbc)  
Proposed date of entry into force:  20 days from publication in the Official Journal of 
the EU.  
The provision on the design related requirements for the new vehicle -types (Chapter II 
Circularity requirements Articles 4 -7) – 6 years aft er entry into force of the Regulation). 
General obligations for manufacturers Chapter III shall apply as follows: Article 9 -11 – 3 
years after entry into force; Article 13 – 7 years after entry into force.  
The provisions on the export of used vehicles (Sec tion II of the Chapter IV) shall apply 3 
years after entry into force of a Regulation.  
10. Final date for comments:  90 days from notification  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
European Commission,  
EU-TBT Enquiry Point,  
Fax: + (32) 2 299 80 43,  
E-mail: grow-eu-tbt@ec.europa.eu  
The text is available on the EU -TBT Website : http://ec.europa.eu/growth/tools -
databases/tbt/en/  
EUR-Lex - 52023PC0 451 - EN - EUR-Lex (europa.eu)  
https://members.wto.org/crnattachments/2024/TBT/EEC/24_02764_00_e.pdf  
https://members.wto.org/crnattachments/2024/TBT/EEC/24_02764_01_e.pdf