[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 17.10.2007

SEC(2007) 1348

REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT

ON THE IMPLEMENTATION OF DIRECTIVE 2000/53/EC ON END-OF-LIFE VEHICLES

FOR THE PERIOD 2002-2005 {COM(2007) 618 final}

TABLE OF CONTENTS

1. INTRODUCTION 4

2. INCORPORATION INTO NATIONAL LAW 5

2.1. Implementation into national law 5

2.2. Transposition of provisions of Article 10(3) by means of agreements between the competent authorities and the economic sector concerned 5

2.3. Infringement proceedings 6

3. Application of the Directive 7

3.1. Exemption of vehicles produced in small quantities from certain provisions of the ELV Directive 7

3.2. Measures to encourage prevention 8

3.3. Measures to encourage prevention – heavy metal ban 12

3.4. Collection of end-of-life vehicles (general requirements) 12

3.5. Transfer of all end-of-life vehicles to authorised treatment facilities 16

3.6. Collection of end-of-life vehicles – deregistration and certificates of destruction 19

3.7. Institutions entitled to issue certificates of destruction 23

3.8. Free take-back of end-of-life vehicles 25

3.9. Mutual recognition of certificates of destruction 29

3.10. Minimum requirements for storage and treatment of end-of-life vehicles 31

3.11. Permits for establishments carrying out ELV treatment operations 33

3.12. Minimum technical requirements for treatment of ELVs 39

3.13. Certified environmental management systems of ELV treatment facilities 42

3.14. Reuse, recovery and preference for recycling of vehicle components 44

3.15. Reuse, recycling and recovery targets 47

3.16. Coding standards and dismantling information 49

3.17. Information for prospective buyers of vehicles to be published by economic operators 50

4. Implementation of the ELV Directive 51

4.1. Introduction 51

4.2. Additional new measures to encourage prevention 51

4.3. Information on recycled materials 54

4.4. ELVs of no or a negative market value 58

4.5. Treatment establishments or undertakings with certified environmental management systems 59

4.6. Encouraging reuse and recovery, preference for recycling 60

4.7. Structure of motor vehicle dealing and ELV treatment industry, competition distortions 62

4.8. Conclusions 64

1. INTRODUCTION

Directive 2000/53/EC[1] on end-of-life vehicles (ELV Directive) has as its main objective the prevention of waste from vehicles and, in addition, the reuse, recycling and other forms of recovery of end-of-life vehicles and their components so as to reduce the disposal of waste, as well as at the improvement in the environmental performance of all of the economic operators involved in the life cycle of vehicles and especially the operators directly involved in the treatment of end-of-life vehicles.

To this end, the Directive lays down measures aimed as a first priority, at preventing the abandonment of ELVs and, as a second step after ELV collection, their appropriate processing in authorised treatment facilities meeting high environmental standards. In order to promote environmentally and economically preferable treatment of ELVs, the Directive sets up recycling and recovery targets. It also aims to prevent the contamination of vehicle waste by banning the use of certain heavy metals in cars. Finally, the Directive encourages changes in vehicle design aiming to increase vehicle reusability, recoverability and recyclability, and promotes distribution of information necessary for sustainable and safe vehicle treatment.

These measures include, in particular:

- Prevention: elimination of the use of heavy metals, design in order to facilitate dismantling, reuse, recovery and recycling, promotion of use of recyclates (Article 4 and Annex II)

- Collection: National measures setting up appropriate collection systems, free take-back, link between deregistration and issuing of a certificate of destruction (Article 5)

- Treatment: collection systems to be set up by the Member States according to certain requirements, measures related to storage and treatment operations, national authorisation of collection and treatment facilities, minimum technical requirements for treatment (Article 6 and Annex I)

- Reuse and recovery: encouragement of reuse, recovery with a priority for recycling; targets to be achieved by economic operators (80% reuse/recycling and 85% reuse/recovery by 1 January 2006, 85% reuse/recycling and 95% reuse/recovery by 1 January 2015) (Article 7), detailed rules for monitoring compliance with the targets (Commission Decision 2005/293/EC[2])

- Component and material coding standards established by Commission Decision 2003/138/EC[3] (Article 8.1)

- Dismantling information to be provided by vehicle manufacturers (Article 8.3 and 8.4)

- Reporting and information requirements for Member States (Article 9.1 and Commission Decision 2001/753/EC[4]) and economic operators (Article 9.2)

No transition periods have been envisaged for the ten Member States who acceded to the European Union on 1 May 2004.

This report is based on the replies to the questionnaire adopted by Commission Decision 2001/753/EC of 17 October 2001. Where appropriate, reference is made to other available information.

The only two questions on which Member States provided some numerical data are questions 2.3 and 2.4.

2.3. Please indicate the number of vehicles collected and transferred to authorised treatment facilities in each calendar year of the reference period

2.4. Please indicate the number of treatment facilities authorised or regi stered in accordance with article 6

The reporting of data is very limited. A complete picture of the current situation as regards the recycling and recovery of end-of-life vehicles will be available once Member States report on the reuse/recovery and reuse/recycling targets they achieve. These reports, obligatory for data from year 2006, need to be prepared according to the detailed rules laid down in Commission Decision 2005/293/EC and sent to the Commission within 18 months of the end of the relevant year, i.e. by 30 June 2008.

2. INCORPORATION INTO NATIONAL LAW

2.1. Implementation into national law

All Member States have provided the Commission with details of their laws, regulations and administrative provisions introduced to comply with the ELV Directive.

2.2. Transposition of provisions of Article 10(3) by means of agreements between the competent authorities and the economic sector concerned

Article 10(3) states that, provided that the objectives set out in this Directive are achieved, Member States may transpose the provisions of Articles 4(1), 5(1), 7(1), 8(1), 8(3) and 9(2) and specify the detailed rules of implementation of Article 5(4) by means of agreements between the competent authorities and the economic sectors concerned. Such agreements shall be enforceable, need to specify objectives with the corresponding deadlines, shall be published in the national official journal or an official document equally accessible to the public and transmitted to the Commission. The results achieved under an agreement shall be monitored regularly, reported to the competent authorities and to the Commission and made available to the public under the conditions set out in the agreement. The competent authorities shall make provisions to examine the progress reached under an agreement. In case of non-compliance with an agreement Member States must implement the relevant provisions of this Directive by legislative, regulatory or administrative measures.

The following countries have used the opportunity to transpose certain provisions of the ELV Directive by means of agreements:

Belgium (Flanders) :

The Flemish region of Belgium has notified to the Commission a series of Environmental Policy Agreements on End-of-Life Vehicles transposing articles 4(1), 5(1), 7(1), 8(3) and a part of Article 9(2) and specifying the way in which Article 5(4) is applied. The following agreements have been subsequently concluded:

- Environmental Policy Agreement on End-of-Life Vehicles of 19 January 1999, published in the Belgian Official Journal on 19 May 1999;

- Environmental Policy Agreement on End-of-Life Vehicles of 19 April 2005 published in the Belgian Official Journal on 1 July 2005 (succeeding Agreement of 19 January 1999).

Italy : Article 10 of the End-of-Life Vehicles Regulations (LN99/04) provides for a possibility to conclude such agreements and details the requirements which they need to meet. To date no agreements have been signed by the parties.

Luxembourg : An environmental agreement was signed on 15 March 2006.

Latvia : national law on end-of-life vehicles specifies that the Ministry of the Environment shall sign agreements with the economic operators involved in ELV management (manufacturers and importers of vehicles) concerning the development of ELV management systems. No such agreement has been communicated to the Commission.

Malta : Article 12 of the Legislative Decree 209/2003 provides for a possibility to conclude such agreements and details the requirements which they need to meet. No such agreement has been communicated to the Commission.

2.3. Infringement proceedings

Since entry into force of the Directive, the Commission has launched several legal actions against the Member States in three contexts:

- non-communication of the national transposition measures - infringements opened against 16 Member States, all of them closed.

- non-conformity of national legislation with the provisions of the Directive - infringements opened against 10 Member States: 6 of them have been resolved as a result of the Commission's action, 4 remain open (against Belgium, Spain, France, Italy) with 1 pending before the Court (against Italy). The Commission is continuing conformity studies concerning the transposition of the ELV Directive in the Member States. 9 out of 10 conformity studies covering the EU-10 have recently been finalised and will soon be assessed internally. 5 additional conformity studies will be available by the end of 2008 (Finland, the UK, Poland, Bulgaria and Romania).

- bad application of the Directive (including actions following the reporting requirements of the Member States) - infringements opened against 9 Member States, 7 have been resolved and closed, 2 remain open (Portugal and the UK).

3. APPLICATION OF THE DIRECTIVE

3.1. Exemption of vehicles produced in small quantities from certain provisions of the ELV Directive

Article 3(3) of the ELV Directive states that where a producer only makes or imports vehicles that are exempt from Directive 70/156/EEC by virtue of Article 8(2)(a) thereof, Member States may exempt that producer and his vehicles from Articles 7(4), 8 and 9 of the ELV Directive. This exemption concerns vehicles produced in small volumes, listed in Annex XII to Directive 70/156/EEC. Member States may exempt their producers from the dismantability, recoverability and recyclability requirements laid down in Directive 2005/64/EC (Article 7(4) of the ELV Directive), from compliance of these vehicles with coding standards and dismantling information (Article 8 of the ELV Directive), and from the reporting and information requirements (Article 9 of the ELV Directive).

In order to implement Article 7(4) of the ELV Directive, the Commission has proposed to amend Directive 70/156/EEC so that vehicles type-approved in accordance with that Directive and put on the market after three years after the amendment of the Directive 70/156/EEC are re-usable and/or recyclable to a minimum of 85% by weight per vehicle and are re-usable and/or recoverable to a minimum of 95% by weight per vehicle. These provisions have been laid down in Directive 2005/64/EC of 26 October 2005 on the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability and amending Council Directive 70/156/EEC.

Most Member States have not provided for an exemption for vehicles produced in small volume in their national legislation. Only three Member States have used this opportunity.

Ireland has opted for an exemption of producers who make or import vehicles produced in small series into the State from the provisions of Articles 8 and 9(2) of the ELV Directive. This exemption is specified in Article 8(c) of the Waste Management Regulations on End-of-Life Vehicles from 2006.

The exemption provided for in Article 3(3) of the ELV Directive was transposed in paragraph 109 of the Lithuanian National Strategic Plan for Waste Management[5], which states that the producers and importers of special purpose vehicles referred to in the second indent of Article 4(1)(a) of Council Directive 70/156/EEC shall not be subject to the requirements in respect of the recovery and recycling of the collected end-of-life vehicles, their components and materials.

In the United Kingdom , Regulation 5 of the ELV Regulations 2003 exempts producers who only make or import vehicles which are outside the scope of Directive 70/156/EEC from the provisions of Articles 7(4), 8 and 9 of the ELV Directive.

3.2. Measures to encourage prevention

According to Article 4(1) of the ELV Directive, in order to promote the prevention of waste, Member States shall encourage, in particular:

(a) vehicle manufacturers, in liason with material and equipment manufacturers, to limit the use of hazardous substances in vehicles and to reduce them as far as possible from the conception of the vehicle onwards, so as in particular to prevent their release into the environment, make recycling easier , and avoid the need to dispose of hazardous waste ;

(b) the design and production of new vehicles which will take into full account and facilitate the dismantling, reuse and recovery , in particular the recycling , of end-of life vehicles, their components and materials;

(c) vehicle manufacturers, in liason with material and equipment manufacturers, to integrate an increasing quantity of recycled material in vehicles and other products, in order to develop the markets for recycled materials.

Most Member States have reported that they have introduced measures to encourage prevention. Belgium[6], Germany[7], Malta[8], the Netherlands[9] have indicated the existence of national rules specifying the details in the area covered by the question in their respective national legislation.

In Austria , steps undertaken to implement the prevention measures are regularly verified during the approval of collection and recycling systems in the end-of-life vehicles system.

Since there are no car manufacturers in Denmark , no specific measures have been taken with regard to Article 4(1) of the ELV Directive. Instead, sections 4 and 5 of the Environmental Protection Act aim to guarantee sufficient level of prevention.

Similarly, Estonia[10] has not adopted any specific prevention measures since there are no car manufacturers in the country. However, basic principles of prevention of waste as prescribed in the Estonian Waste Act apply to economic operators.

In Spain , Article 4(1)(a) of the ELV Directive was transposed in article 3(a) of the Royal Decree 1383/2002 which limits the use of hazardous substances in vehicles. The Spanish authorities admit that the task to influence the overall design of vehicles is not easy since vehicle design is a domain of the car industry. On the other hand, however, it is possible to influence the design of vehicle parts and materials which are designed and manufactured to a significant extent by Spanish firms, especially for models produced in this country.

The requirement to facilitate the dismantling, reuse and recovery of end-of-life vehicles stipulated by Article 4(1)(b) of the ELV Directive was transposed in articles 3(b) and 8.1 of the Spanish Royal Decree. Regarding the reuse of parts, the National Plan for End-of-Life Vehicles 2001-2006 (PNVFU), which is currently under review for the years 2006-2010, encourages the reuse of used parts insofar as the safety standards permit. It further includes a list of parts that are currently being reused after passing a quality control. The Plan requires that reused parts be marked accordingly. Finally, the Plan promotes the development of one or more integrated management systems (IMS) which permit voluntary affiliation by any economic operator involved in the life cycle of these parts. These IMSs target the collection and management of used parts, depending on how hazardous these parts are.

Article 4(1)(c) of the ELV Directive is not specifically transposed into Spanish legislation since Spanish manufacturers lack decision-making capacity to make a decision on integrating an increasing quantity of recycled material in vehicles and other products. Such design decisions are taken in the facilities where new models are designed, in the parent companies outside Spain.

In Finland , only a small number of vehicles are manufactured under a licence of international car manufacturers. The prevention provisions which apply to them include the measures of Section 4 of the Council of State Decree controlling the use of certain hazardous substances (572/2003) and Section 4 of the Waste Act (1072/1993).

In France , vehicle manufacturers are encouraged to undertake measures aiming at prevention by an obligation to communicate to the public (in particular in promotional publications published once a new vehicle is launched on the market) information concerning actions taken in order to limit the use of hazardous substances in cars, facilitate dismantling and depollution of ELVs, the reuse and recovery (especially recycling) of vehicle materials and components, and to limit the environmental hazardousness of waste coming form vehicles. The information provided to the public must also contain data on the percentage of recycled materials integrated into cars and actions taken to incorporate a part of such materials into vehicles[11].

Hungary implemented Article 4(1) of the ELV Directive through Article 3 of Government Decree 267/2004 on end-of-life vehicles according to which producers - in cooperation with suppliers of materials and components and using the most effective solution - are required to:

(a) design motor vehicles and carry out technological and product development with a view to reducing hazardous substances in the recovery of energy and materials, promoting the servicing and improvement of motor vehicles, the reuse of components and materials from the dismantling of end-of-life motor vehicles, as well as the recovery and environmentally-sound disposal of waste;

(b) strive to increase the proportion of reprocessed materials used for the recovery of materials and energy and encourage suppliers of materials and components to do likewise;

(c) guarantee the marketing requirements relating to hazardous substances, labelling of components, and dismantling information as set out in separate laws.

Moreover, the Hungarian legislation requires producers to take preventive action and bans the use of lead, mercury, cadmium and hexavalent chromium. Two Ministry of Economy and Transport Decrees[12] contain rules regarding the ban on hazardous substances and exceptions thereto.

Ireland imposes an obligation on producers[13] to promote the prevention of waste by restricting the use of hazardous substances in specified vehicles, by designing and producing new vehicles having taken into account their dismantling, reuse, recovery and recycling at the end-of-life phase, and by integrating an increasing quantity of recycled material in the production of such vehicles.

In Italy , Article 4 of Legislative Decree 209/2003 establishes that, in order to promote the prevention of production of waste coming from an end-of-life vehicles and, in particular, to prevent the release into the environment of the hazardous substances contained in them, to facilitate reuse and recycling, and to reduce the quantity of hazardous waste that is sent for final disposal, the Ministry for the Environment and Territory, by agreement with the Ministry for Production Activities, will adopt measures to promote: a) the limitation, on the part of vehicle constructors, in collaboration with the material and equipment constructors, of the use of hazardous substances in the production of vehicles and the reduction, where at all possible, of these from the design stage onwards; b) methods of design and production of new vehicles which make it easier to dismantle, reuse, recover and, above all, recycle end-of-life vehicles and the associated components and materials, at the same time furthering the development of the technical standards in the sector; c) the use of increasing quantities of recycled materials in vehicles and in other products, for the purpose of developing the market for recycled materials. No details as to the adoption of these measures have been provided in the Italian report.

The Lithuanian Order[14] lays down that, in order to promote the prevention of waste generation and to reduce the harmful impact of end-of-life vehicles on the environment, producers of vehicles and manufacturers of materials and equipment shall be obliged to limit the use of hazardous substances in vehicles and from the conception phase of the new vehicle onwards must try to reduce their quantity in order to prevent their release into the environment, to facilitate recycling and to avoid the disposal of hazardous waste. The same Order further specifies that new vehicles shall be designed and produced taking into account the possibilities to facilitate their future dismantling, reuse, recovery and recycling. Moreover, vehicle manufacturers and producers of vehicle materials and equipment must seek the expansion of the market for recycled materials and increase the integration of recycled materials in vehicles and other products.

In Luxembourg , waste prevention is encouraged in the environmental agreements, as specified by Article 1(a) of the Grand Duchy Regulation of 30 May 2005.

Although there are currently no vehicle manufacturers in Latvia (all cars are being imported), national legislation transposing the ELV Directive contains the relevant provisions of Article 4(1) of the ELV Directive addressed to vehicle producers.

In the Polish legislation, the rules on the prevention of waste (including in the form of end-of-life vehicles) are contained in Article 5 of the Act of 27 April 2001 on waste[15], Article 166 of the Environmental Law Act of 27 April 2001[16], and Article 6 of the Act of 20 January 2005 on the recycling of end-of-life vehicles[17].

Portugal transposed these provisions in article 6.1 of DL 196/2003 which sets out the principles for the prevention of waste formation and the promotion of the recovery of any waste that is generated. Vehicle manufacturers, in liaison with material and equipment manufacturers, must control and reduce the use of hazardous substances in vehicles from the conception phase onwards, taking into account the need for dismantling, reuse and recovery, in particular the recycling, of ELVs and their components and materials, as well as integrating increasing quantities of recycled materials into vehicles, their components and other products, with a view to the development of the market for recycled materials.

In Sweden , the prevention measures are transposed in several legislative acts, including:

- Chapter 2, Section 6 of the Environmental Code (1998:808) and Chapter 14, Section 7 of the Environmental Code (1998:808) transposing Article 4(1)(a) of the ELV Directive,

- Sections 5 and 7 of the Ordinance on Producer Responsibility for Motor Vehicles (1997:788) transposing Article 4(1)(b) of the ELV Directive,

- Section 7 of the Ordinance on Producer Responsibility for Motor Vehicles (1997:788), Chapter 1 Section 1 of the Environmental Code (1998:808), Chapter 2 Section 5 of the Environmental Code (1998:808) transposing Article 4(1)(c) of the ELV Directive.

In Slovenia , the Rules on the Content of Dangerous Substances in Materials and Components of Motor Vehicles[18] lay down prohibitions and restrictions regarding the content of certain dangerous substances in materials and components of motor vehicles. In particular, the design and production of motor vehicles must take into full account and facilitate the dismantling, re-use and recovery, and in particular the recycling, of end-of-life vehicles and their components and materials in order to prevent the occurrence of environmental pollution. At the same time, vehicle manufacturers must, in liaison with material and equipment manufacturers, and in the design and production of motor vehicles, endeavour to integrate an increasing quantity of recyclable materials into vehicles and other products in order to develop the market for recycled materials[19].

In Slovakia , a vehicle manufacturer shall be required to use for the production of vehicles such materials, parts and construction elements that make it possible to reuse old vehicle parts, to recover waste from the treatment of end-of-life vehicles and to recycle end-of-life vehicles, without detriment to their quality and safety; details concerning deadlines and limits are laid down by the Slovak Government Regulation. In addition, vehicle importers can import and place on the market only those vehicles, vehicle parts and construction elements which make it possible to ensure that, during treatment, the parts are reused, waste is recovered from the treatment of end-of-life vehicles, and end-of-life vehicles are recycled in accordance with the deadlines and limits laid down by the legislation[20].

The United Kingdom , Regulation 6 and Schedule 1 of the ELV Regulations 2003 restrict the use of hazardous substances in vehicle manufacture, and the ELV (Producer Responsibility) Regulations 2005 provide an economic driver for manufacturers to incorporate greater quantities of recycled material, by adopting an "own marque" system through which they must comply with the take-back, treatment and recovery provisions in the Directive.

3.3. Measures to encourage prevention – heavy metal ban

According to Article 4(2)(a) of the ELV Directive, Member States shall ensure that materials and components of vehicles put on the market after 1 July 2003 do not contain lead, mercury, cadmium or hexavalent chromium other than in cases listed in Annex II under the conditions specified therein. In the Commission's established view, this ban includes both entire vehicles and spare and replacement parts of vehicles.

All Member States have adopted legislation which restricts the use of lead, mercury, cadmium or hexavalent chromium in vehicles and vehicle components, as well as the detailed lists of exemptions from this heavy metal ban which in most cases literally transpose the text of Annex II to the ELV Directive.

The details on the national transposition are presented in Table 8.

3.4. Collection of end-of-life vehicles (general requirements)

Article 5(1) provides that Member States shall take the necessary measures to ensure:

- that economic operators set up systems for the collection of all end-of-life vehicles and, as far as technically feasible, of waste used parts removed when passenger cars are repaired,

- the adequate availability of collection facilities within their territory.

The majority of the Member States indicated that the above provisions are reflected in their national legislation. Belgium, the Czech Republic[21], Germany[22], Greece[23], Estonia[24], Malta[25], Poland[26], Sweden[27], have indicated the existence of national rules specifying the details in the area covered by the question in their respective national legislation. Most Member States have made vehicle manufacturers and importers responsible for setting up national collection networks (e.g. Austria, Spain, Finland, Hungary, Ireland, Italy, Lithuania, the Netherlands). Several Member States (Belgium, Ireland, Hungary, Lithuania, Slovenia) specified the geographical coverage that needs to be ensured by a network.

In Austria , vehicle producers and importers in particular have to provide sufficient collection facilities for the return of end-of-life vehicles of their respective brands. All importers in Austria have met this obligation. The list of available collection facilities can be consulted on the Internet website: http://www.umweltnet.at/article/articleview/29024/1/7993.

In Cyprus , economic operators have an obligation to ensure that the provisions on ELV collection are complied with. The Minister has a power to impose further specific obligations on economic operators that fail to comply with their general obligations related to ELV collection.

In Denmark , the rules on the registration and dismantling undertakings were introduced as early as 1999. Before the Directive was implemented in 2002, around 200 treatment facilities and around 400 dealers which receive end-of-life vehicles were registered. Today, the rules are laid down in Order No 480 of 19.06.2002 which also includes provisions on the collection of waste fractions from repair etc. A revised order has been issued requiring that, as from 1 January 2007, all end-of-life vehicles be returned irrespective of when they were placed on the market. This order also lays down the requirements concerning the geographical coverage of vehicle collection points.

The Spanish law provides that manufacturers must establish systems for the collection of vehicles and spare parts or else take charge of the vehicles in order to send them to treatment facilities and decontaminate them. So far, vehicle producers have preferred to assume responsibility individually rather than set up integrated management systems. For the collection of end-of-life vehicles, a nationwide logistics network of vehicle reception centres has been set up, which includes municipal reception centres, dealers and treatment facilities. The PNVFU addresses the need to site reception centres or treatment facilities in locations which are economically unviable either because they have a low population density or are geographically out-of-the-way. This is intended to facilitate the reception of all vehicles anywhere in the country taking into account transport optimisation in case of long distances. As far as spare parts are concerned, in the review of the PNVFU it is planned to set up one or more systems for the management of worn or damaged parts that have been replaced anywhere in the national territory.

In Finland , a nationwide collection network has been set up, to which the last owner of an end-of-life vehicle can return the end-of-life vehicle free of charge. Manufacturers are responsible for the operation and costs of this system. There are an adequate number of collection points within the collection network in Finland. Waste used parts from repairs on passenger vehicles are returned by and at the expense of the repairer to an appropriate waste management system.

In Hungary , Article 3(2)(a)(b) of the Government Decree requires producers to organise, establish and operate a collection network which ensures that end-of-life vehicles can be returned to a point within a radius of 50 km on the public highway. Waste treatment operators and dismantlers engaged in recovering used components set up a network for collection and treatment in Hungary on a commercial basis after signing contracts with individual producers. Over 150 undertakings receive end-of-life vehicles and components, and of these over 100 also carry out dismantling.

In Ireland , Article 9 of the Waste Management (End-of-Life Vehicles) regulations 2006 imposes an obligation on each producer to establish a national system for the collection of specified vehicles, of that producer's brand or for which that producer has responsibility, on and from 1st November 2006. A producer's national collection system shall comprise of authorised treatment facilities (ATFs) with one facility to be located in the functional area of each local authority and additional facilities to be located in those local authorities whose populations exceed 150,000 persons. It is anticipated that each producer's national collection system will comprise of at least 45 ATFs which shall have sufficient capacity to treat the actual number of ELVs that may arise in any given year of that producer's brand. ATFs, whether they form a part of a producer's national collection system or operate independently as the case may be, are required to meet the minimum site and operational standards set out in Article 14 and 15 and the Second Schedule of the regulations.

In Italy , Article 5 of Legislative Decree 209/2003 provides that vehicle producers organise, on an individual or collective basis, a network of collection centres for end-of-life vehicles with a suitable nationwide distribution or identify collection centres with a suitable nationwide distribution at which the free-of-charge acceptance of such vehicles is ensured.

In Lithuania , the producers and importers of vehicles may organise the collection, recovery and recycling of end-of-life vehicles themselves or they may use the existing waste management systems on the basis of contracts. Undertakings for the collection, recovery and recycling of end-of-life vehicles (treatment undertakings) should be spread so as to facilitate the creation of their network and they should be located at acceptable distances (preferable at about 50 kilometres) from any owner of an end-of-life vehicle. The network of treatment undertakings should ensure an effective reuse of the components of end-of-life vehicles, the recovery and, in particular, the recycling, of the materials of end-of-life components in compliance with the safety and environmental requirements. The public should be adequately informed about the risks posed by end-of-life vehicles to the environment and human health. The law aims to ensure cooperation with municipalities in the removal of abandoned end-of-life vehicles from yards and other areas.

In Luxembourg , producers and importers need to notify the environmental authority of the location of collection facilities and any preferential treatment facilities within a deadline of 3 months and no longer than 6 months after the environmental agreement is signed.

According to the requirements of Law on end-of life vehicles in Latvia , the vehicle manufacturers' authorized representative (dealer) can sign an agreement with the Ministry of the Environment on the setting up of a system for the management of end-of life vehicles. Based on this agreement, the dealer must ensure to meet the targets for treatment of end-of-life vehicles specified in an operation plan for this dealer. A detailed report needs to be submitted to the Ministry of the Environment. As of today, the Ministry of the environment has signed agreements with eight dealers (importers). There is adequate amount of collection facilities of end-of life vehicles in the territory of Latvia.

In the Netherlands , the measures required in Article 5(1) are provided for through Article 8 of the End of Life Vehicles Management Decree. This Article requires manufactures and importers of cars to set up a national collection system for end of life vehicles under which end-of-life vehicles can be delivered at least free of charge.

In Portugal , the owners or holders of ELVs are responsible for them being conveyed to a collection centre or to a dismantling operator. Vehicle manufacturers and importers are obliged to take part in an integrated or an individual ELV management system and are responsible for ensuring the receipt of ELVs at collection centres and dismantling operators. Only vehicles of the manufacturers or importers who adopted one of these systems can be placed on the market. Manufacturers or importers can transfer their responsibility for the management of ELVs to an entity that manages an integrated system. Such an entity must organise a national network of operators for the collection, transport and treatment of ELVs. In this context, on 2 July 2004 an end-of-life vehicle management company called VALORCAR ( Sociedade de Gestão de Veículos em Fim de Vida, Lda .) was granted a licence for the management of an integrated ELV management system in Portugal. The licence states that VALORCAR must create a national network of operators for the collection, transport and treatment of ELVs and meet the criteria for territorial coverage set out in article 11 of the Portuguese ELV law. VALORCAR has the objective of creating a collection and treatment network in which the owners/holders of ELVs can deliver them free of charge. The network is supposed to comprise a minimum of 29 collection centres or dismantling centres in mainland Portugal by 1 April 2007.

In Slovenia , producers of waste must deliver an end-of-life vehicle as a whole to the public service provider at the collection facility, and its components to a treatment facility. Article 7 of the Decree on the Manner, Subject of and Conditions for Performing a Public Service of the Management of End-of-life Vehicles[28] lays down a number and criteria regarding collection facilities. In particular, the concession holder must ensure the operation of a sufficient number of collection facilities distributed around the area covered by the concession, but at least one collection centre per administrative unit area covering vehicle registration markings LJ, KR, MB, GO, KP, NM, MS, KK, SG, PO and CE. A distance from the collection centre to the place of permanent residence of a user of the service cannot be greater than 50 km by public road. The fulfilment of these conditions shall be verified during the procedure of awarding concessions.

In Slovakia , projects to construct treatment and collection capacity for handling end-of-life vehicles have received support from the Recycling Fund, a financial instrument established by Act No 223/2001 Coll.

The UK Regulation 10 of the ELV (Producer Responsibility) Regulations 2005 require producers to set up collection systems with the capacity necessary to deal with all their "own marque" of ELVs at conveniently located ATFs. Today, such producer-contracted ATFs number around 350, and are supplemented by a further 850 uncontracted ATFs.

3.5. Transfer of all end-of-life vehicles to authorised treatment facilities

According to Article 5(2) , Member States shall also take the necessary steps to ensure that all end-of-life vehicles are transferred to authorised treatment facilities.

All Member States indicated the existence of measures which ensure the transfer of all end-of-life vehicles to authorised treatment facilities. The Czech Republic[29], Germany[30], Denmark [31], Estonia [32], Sweden [33] have indicated the existence of national rules specifying the details in the area covered by the question in their respective national legislation.

In Austria , all end-of-life vehicle collectors are required to ensure that vehicles are recycled or disposed of in their entirety (transfer to authorised treatment facilities).

In Belgium , the transposition of this Article falls within the competence of the regions.

In Cyprus , there is an obligation of every person to deliver ELVs and, at the degree that it is technically feasible, also waste used parts, to either authorised treatment facilities or collection points. In case such waste is delivered to collection points, the person responsible needs to transfer it further to a treatment facility. An ELV holder or owner is entitled to deliver it to any collection point or authorised treatment facility operated by or on behalf of any relevant economic operator.

In Spain , if the owner of a vehicle proposes to dispose of it, he/she is obliged to deliver it to an authorised treatment facility where it must be decontaminated before being subjected to any other treatment.

In Finland , end-of-life vehicles are transferred via the national collection network to authorised collection points. Because of the high price of metal, vehicles may also be sent to collection facilities other than authorised collection points, but they too end up in the same authorised treatment facilities as end-of-life vehicles from authorised collection points. When controlling the environmental permits, it is also checked that the collection centres operate in accordance with the requirements of the Waste Act and the Environmental Protection Act.

In Greece , all end-of-life vehicles need to be transferred to authorised treatment facilities through a national ELV management scheme EDOE. The scheme also issues the certificates of destruction.

In Hungary , waste treatment may only be carried out by undertakings in possession of a permit. In order for a vehicle to be permanently withdrawn from service, the last owner is required to deliver it either to an authorised waste facility or to the producer.

In Ireland , a producer's national collection system shall only comprise of authorised treatment facilities where end-of-life vehicles, of that producer's brand or for which that producer has responsibility, may be collected, stored and treated. The law imposes an obligation on the registered owner of an end-of-life vehicle to deposit such a vehicle at an authorised treatment facility, whether it forms a part of a producer's national collection system or operates independently, for appropriate treatment and recovery.

The law in Italy provides that a vehicle intended for dismantling must be delivered by its last holder to a collection centre or, in the case where the holder intends to dispose of the said vehicle in order to acquire another, may be handed over to a dealer or to a branch of a manufacturer or of the car dealer, for subsequent handover to a collection centre.

In Lithuania , keeping of an unused vehicle in communal areas and failure to take care of it after a written notification by the municipality is punishable by a fine of LTL 200-500 imposed on the owner of the vehicle (imposed by a police officer or an officer of any other competent institution). The same actions committed by a person who has already been punished by an administrative penalty for the violation of the ELV Law are punishable by a fine of LTL 500-1000 imposed on the owner of the vehicle with or without the confiscation of the vehicle.

Luxembourg makes it mandatory for the owners of end-of-life vehicles to take them either to a collection facility or directly to a treatment facility.

In Latvia , the owner of an end-of-life vehicle must ensure that any end-of life vehicle in his property is transferred to an authorized treatment facility. Additionally, vehicle importers must ensure the collection and transfer to authorized treatment facilities of the vehicle brands they import once those become end-of-life vehicles.

The Maltese law provides that the holders of all end-of-life vehicles shall transfer these vehicles to authorised treatment facilities.

In the Netherlands , two separate acts regulate the take back of ELVs depending on whether such vehicles originate from households or from companies. In any case, the ELV Management Decree designates the establishments which are authorised as a treatment facility by the competent authority and may as such accept end-of-life cars.

The owner of an end-of-life vehicle in Poland may send it only to a company which operates a dismantling centre or a firm operating a vehicle collection point[34], and operators of vehicle collection points are required to send end-of-life vehicles to firms which operate dismantling centres[35]. End-of-life vehicles may be collected only by vehicle collection point operators or dismantling centre operators which meet the requirements laid down by law[36].

In the context of the operation of the integrated system of ELV management in Portugal , the vehicle manufacturers’ or importers’ responsibility ceases on delivery of the ELV to an authorised treatment operator that carries on its business in accordance with the requirements set out in the law, and particularly with regard to the fulfilment of the provisions of Annex IV specifying minimum technical requirements for treatment of ELVs[37]. In the context of the licence granted to VALORCAR, all of the ELVs received at the collection centres of the VALORCAR’s network of operators are processed in authorised treatment facilities that form part of the same network. This network must be developed in such a way that is covers the national territory completely[38]. As of 21 April 2005, the VALORCAR network of operators included 3 collection and treatment operators, and it is being gradually expanded.

In Slovenia , end-of-life motor vehicles need to be delivered to the public service provider by users of the public service. This law applies to vehicles of M1, N1 and L5 categories. The public service shall also be performed for unused or rejected components of these motor vehicles that arise as the result of the maintenance and repair of motor vehicles and are not defined as hazardous waste, with the exception of those whose management is regulated by special regulations applying to the management of end-of-life vehicle tyres, batteries and accumulators that contain hazardous substances, or waste oils. All public service providers must possess a concession to operate (acquire a permit from the ministry). Producers of waste (ELV last holders or owners) must deliver an end-of-life vehicle as a whole to the public service provider to the collection facility and its components to a treatment facility. Producers of waste must ensure that an end-of-life vehicle that cannot be sent to a collection facility is sent to a treatment facility. The abandonment or delivery of end-of-life vehicle components as municipal waste to the provider of the municipal public service of environmental protection is explicitly prohibited. Upon delivering an end-of-life vehicle, its last holder shall acquire a certificate of destruction of a vehicle from the public service provider, on the basis of which the provider confirms that the end-of-life vehicle was received and treated in accordance with the requirements of the Slovenian law[39].

In Slovakia , the authorisation for ELV treatment facilities is granted by the Ministry[40].

In the UK , ELVs may only be treated by authorised treatment facilities which meet the site and operational standards set down in the Directive and are licensed by the regulator. It is an offence for a non-ATF to treat ELVs[41].

3.6. Collection of end-of-life vehicles – deregistration and certificates of destruction

According to Article 5(3), Member States shall set up a system according to which the presentation of a certificate of destruction is a condition for deregistration of the end-of-life vehicle. This certificate shall be issued to the holder and/or owner when the end-of-life vehicle is transferred to a treatment facility. Treatment facilities, which have obtained a permit in accordance with Article 6, shall be permitted to issue a certificate of destruction.

Issuing the certificate of destruction by treatment facilities or dealers or collectors on behalf of an authorised treatment facility does not entitle them to claim any financial reimbursement, except in cases where this has been explicitly arranged by Member States.

Member States which do not have a deregistration system at the date of entry into force of this Directive shall set up a system according to which a certificate of destruction is notified to the relevant competent authority when the end-of -life vehicle is transferred to a treatment facility and shall otherwise comply with the terms of this paragraph. Member States making use of this subparagraph shall inform the Commission of the reasons thereof.

All Member States have reported the existence of provisions setting up systems based on the link between deregistration and the issuance of a certificate of destruction. None of the Member States notified the use of the third subparagraph (applicable to Member States not having deregistration system in place at the date of entry into force of the ELV Directive). Belgium [42], the Czech Republic [43], Germany [44], Denmark [45], Estonia [46], France [47], Malta [48], Sweden [49] have indicated the existence of national rules specifying the details in the area covered by the question in their respective national legislation.

In Austria, each producer and each first recipient of an end-of-life vehicle must issue a certificate of destruction to the last holder or owner. A vehicle can be finally deregistered only on presentation of a certificate of destruction for that vehicle[50].

The law in Cyprus provides for the obligation of the authorised treatment facilities to issue a certificate of destruction for each ELV they receive, and deliver or post it to the competent authority and to the last person who was in possession of the vehicle[51]. This certificate is used for deregistration of a vehicle in accordance with the Motor Vehicles and Road Traffic Laws. The latter makes the certificate of destruction a necessary and sufficient document for deregistration of a waste vehicle[52]. The format of a certificate of destruction, incorporating the minimum requirements of Commission Decision 2002/151/EC, is established in a separate legal act[53].

In Spain , an Order of the Ministry of the Interior[54] introduces a model certificate of destruction reflecting the content of Decision 2002/151/EC, which all the Autonomous Communities have adopted and which must be presented in order to deregister a vehicle at the end of its life with the Register of Vehicles at the Directorate-General of Traffic[55].

The Finnish legislation requires a certificate of destruction for deregistration of a vehicle. Manufacturers and their partners are entitled to issue certificates of destruction.

In Greece , EDOE provides the necessary certificates of destruction.

In Hungary , only authorised dismantlers issue certificates of destruction[56]. Producers or recipients may issue certificates of destruction on behalf of a dismantler. Vehicles may be definitively withdrawn from service only upon presentation of the certificate[57].

Due to a belated implementation of the Directive, the Irish Waste Management Regulations[58] provide for the issuance of certificates of destruction by authorised treatment facilities deposited for appropriate treatment and recovery at those facilities only on and from the 1st January 2007, without any charge for the issuance.

In Italy , at the time of a handover to the collection centre of a vehicle intended for dismantling, the proprietor of the centre must issue to the keeper of the vehicle, the dealer, or the management of the branch of the vehicle's manufacturer or of the car dealer a suitable certificate of destruction accompanied by a description of the state of the vehicle delivered, and has to give a commitment to immediately proceed with deregistration with the PRA (Vehicle Registration Office) if this has not already been done and to treat the vehicle[59]. With effect from the date of coming into force of Decree 209/2003, the cancellation of the PRA of the end-of-life vehicle will be performed exclusively by the proprietor of the collection centre or by the dealer or the manager of the branch of the manufacturer or of the car dealer, without any administration fee being payable by the keeper of the vehicle. To this end, within three days of the handover of the vehicle, this dealer or management or proprietor needs to return the certificate of ownership, registration document and the registration plates of the end-of-life vehicle in line with the procedure laid down by Presidential Decree No. 358 of 19 September 2000. The proprietor of the collection centre will proceed to treat the end-of-life vehicle following cancellation of the PRA for this vehicle. The details of the acknowledgement of notification and receipt of the registration plates and the documents relating to the end-of-life vehicle by the competent vehicle registration office are recorded by the proprietor of the collection centre, the dealer or the management of the manufacturer or of the car dealer in the appropriate vehicle entry and exit register[60]. The issue of the declaration of taking charge of the vehicle or the certificate of destruction releases the keeper of the end-of-life vehicle from civil, criminal and administrative responsibilities associated with ownership and correct management of the vehicle. The certificate of destruction must state and include the following items[61]: 1. name, address, signature and registration or identification number of the establishment or the company issuing the certificate; 2. name and address of the competent authority issuing the authorisation to the establishment or the company issuing the destruction certificate; 3. name, address and registration or identification number of the establishment or company issuing the certificate, in the case that the certificate is issued by a producer, by a distributor or by an operator in charge of collection on behalf of a collection centre; 4. date and time of issue of the destruction certificate and the date and time of taking charge of the vehicle by the dealership or the management of the branch of the manufacturer or of the car dealer; 5. declaration by the collection centre certifying that the vehicle has been cancelled by the vehicle registration office; 6. class, make and model of the vehicle; 7. vehicle identification number (chassis or plate number, where this exists); 8. name, place and date of birth, address, nationality, identification document details and signature of the keeper handing over the vehicle and, where the vehicle is handed over by a person other than the owner, the name, place and date of birth, address and nationality of this owner.

In Lithuania , after accepting an end-of-life vehicle, the authorised treatment or collection undertaking shall issue a certificate of destruction to the last owner of the vehicle (based on a standard form of a certificate of destruction). The treatment or collection undertaking shall complete three copies of the certificate of destruction: the first copy to be given to the owner of the end-of-life vehicle delivered to the collection or treatment undertaking, the second copy to be retained by the issuing undertaking, and the third copy to be presented to the Regional Environmental Department that has issued a permit for the use of natural resources or an integrated pollution prevention and control permit[62]. The rules concerning the issuing of certificates of destruction[63] stipulate that in the case of deregistration of a class M1 or N1 vehicle, a certificate of destruction needs to be issued under the requirements of the Rules on the Management of End-of-life Vehicles[64]. This provision shall not be applicable to end-of-life vehicles the use of which was terminated before the entry into force of the Rules on the Management of End-of-life Vehicles.

In Luxembourg, the environment authority works with the Ministry for Transport to instruct the National Body for Technical Controls that only vehicles for which a certificate of destruction has been issued are to be marked as destroyed[65]. In this context, the Authority carries out regular checks.

In Latvia, the rules governing the completion and issuing of certificates of destruction are contained in the “Arrangement of filling and delivery of certificates of destruction of end-of-life vehicles”[66]. This documents prescribes the rules regarding the implementation of the system of ELV deregistration based on the certificates of destruction, the requirements regarding the issuing of a certificate of destruction to the last owner of an ELV, and the cases where treatment facilities have the right to financial reimbursement. Once the treatment facility has received an end-of-life vehicle, it issues a certificate of destruction.

In the Netherlands , registrations and deregistrations are regulated through the Registration Numbers Regulations.

The details of the vehicle deregistration system in Poland are primarily laid down in the Polish Road Traffic Act[67] specifying the method of cancelling the documents of end-of-life vehicles, the models of certificates to be issued for such vehicles, the method of storing certificates and keeping records thereof.

In Portugal , legislation specifying the principles and procedures concerning deregistration and issuing of certificates of destruction[68] sets out that deregistration of an ELV is dependent on the presentation of a certificate of destruction issued by an authorised dismantling operator to the Highways Department (DGV). Deregistration procedure starts when an ELV is delivered to an authorised collection centre or dismantling centre. At this point, its owner or other legitimate holder must hand over the vehicle's identification document (registration document) and the ownership title and request the relevant deregistration by filling in a DGV form 1402 (which will be provided by the collection centre or the dismantling operator).

However, there are some exceptions to this procedure. In the case of abandoned vehicles that are in the possession of the municipal or police authorities, the authorities are exempt from presenting the vehicle documentation. In the case of salvaged vehicles, the insurance company is exempt from the obligation to present the vehicle documentation, and must simply prove that it has submitted the relevant vehicle registration document to the DGV and the ownership title to the Motor Vehicle Registry (CRA). Finally, in the case of an ELV the holder of which is not supposed to have the vehicle registration document or the ownership title, he or she is exempt from presenting them, and must simply prove that the vehicle registration document has been submitted to the DGV and the ownership title to the CRA.

If the ELV is delivered to a collection centre, the centre will identify it, check the relevant documentation and hand it over to the dismantling operator along with the ELV. If the ELV is delivered to a dismantling operator, the operator will identify it, check the relevant documentation and issue a certificate of destruction, based on the legally approved template[69]. The dismantling operator must keep a copy of the certificate of destruction for a period of not less than five years, and - within a maximum of five working days from the date of receipt of the ELV - must submit: (1) the original certificate of destruction to the owner or legal holder of the ELV, (2) a copy of the certificate of destruction to VALORCAR, and (3) a copy of the certificate of destruction to the DGV, accompanied by the vehicle documentation when applicable. As soon as it receives the documentation, the DGV deregisters the vehicle and informs the CRA.

In Slovenia , the form and content of the certificate of destruction and the actions that must be taken concerning the issuing, completion and storing of these certificates are laid down in the Rules on the Certificate of Receipt of an End-of-life Motor Vehicle for Dismantling and on the Statement on the Location of the Vehicle[70]. The obligations of a vehicle owner under these Rules arise when any of the reasons for deregistration of vehicles under road safety regulations arise.

In Slovakia , when receiving end-of-life vehicles for treatment, a treatment facility shall be required to draw up an acknowledgement of receipt based on the model laid down in the implementing measure[71] and to issue one copy to the holder of the end-of-life vehicle or other person from whom he has received the end-of-life vehicle, where that obligation is not fulfilled on its behalf by the person responsible for collecting end-of-life vehicles[72].

In the UK , certificates of destruction may only be issued by authorised treatment facilities who may not charge for issue[73].

3.7. Institutions entitled to issue certificates of destruction

According to Article 5(3) , Member States may permit producers, dealers and collectors on behalf of an authorised treatment facility to issue certificates of destruction provided that they guarantee that the end-of life vehicle is transferred to an authorised treatment facility and provided that they are registered with public authorities.

It is not permitted that producers, dealers and collectors issue certificates of destruction on behalf of authorised treatment facilities in Belgium , Cyprus , Czech Republic , Denmark , Germany , Spain , France , Greece , Ireland , Luxembourg , Malta , the Netherlands , Portugal , and the United Kingdom .

Denmark[74], Estonia[75], and Sweden[76] have indicated the existence of national rules specifying the details in the area covered by the question in their respective national legislation.

In Austria , certificates of destruction may be issued by collecting producers or importers and also by accepting first recipients, who are required to have the treatment carried out in facilities authorised for the purpose.

In Finland , issuing of certificates of destruction lies primarily with the manufacturers who may transfer this right, by means of an agreement, to dealers, collectors and treatment facilities.

In Hungary, vehicle recipients such as producers or dealers may issue certificates of destruction on behalf of a dismantler.

In Italy , a dealer or the management of a branch of a manufacturer or of a car dealer issues to the vehicle last holder a certificate of destruction in the name and on behalf of the authorised facility which will treat the vehicle, which includes the commitment to undertake the deregistration with the vehicle registration office. A dealer or the management of a branch of a manufacturer or of a car dealer will perform this deregistration prior to handing over the vehicle to the collection centre and will provide the vehicle registration office with details of the acknowledgement of notification and handover of the plates, certificate of ownership and registration document relating to the vehicle[77].

In Lithuania, treatment undertakings may authorise on the basis of a contract another undertaking engaged in similar activities (e.g. car repairs) to accept end-of-life vehicles and to issue certificates of destruction on its behalf. Such an undertaking accepting end-of-life vehicles must possess a registration number of waste management undertakings assigned to it, or the contract must define the conditions for the collection, temporary storage and transfer of end-of-life vehicles to the treatment undertaking. The copy of the contract must be presented to the Regional Environmental Department that has issued the permit for the use of natural resources or the permit of integrated pollution prevention and control to the treatment undertaking[78].

Under Polish law, certificates of destruction may be issued not only by firms operating dismantling centres but also by firms operating vehicle collection points[79].

In Slovenia , the reception facilities and collectors may issue certificates of destruction on behalf of an authorised treatment facility.

In Slovakia, the clause has been used to enable the collector of end-of-life vehicles to discharge that responsibility on behalf of the treatment facility.

3.8. Free take-back of end-of-life vehicles

According to Article 5(4) , Member States shall take the necessary measures to ensure that the delivery of the vehicle to an authorised treatment facility in accordance with paragraph 3 occurs without any cost for the last holder and/or owner as a result of the vehicle's having no or a negative market value.

Member States shall take the necessary measures to ensure that producers meet all, or a significant part of, the costs of the implementation of this measure and/or take back end-of life vehicles under the same conditions as referred to in the first subparagraph.

Member States may provide that the delivery of end-of life vehicles is not fully free of charge if the end-of life vehicle does not contain the essential components of a vehicle, in particular the engine and the coachwork, or contains waste which has been added to the end-of life vehicle.

All Member States reported the implementation of the above provisions of the ELV Directive into their national systems. Belgium [80], the Czech Republic [81], Germany [82], Denmark [83], Estonia [84], France [85], Greece [86], Sweden [87] indicated the existence of national rules specifying the details in the area covered by the question in their national legislation.

In Austria , taking back end-of-life vehicles at the producers’ collection facilities must be at least free of charge. An exception to this exists if major components of the vehicle are missing or if waste is added.

In Cyprus , the collection points or treatment facilities accepting ELVs of a negative or no value must take them back free of charge[88]. A charge may be asked if a vehicle contains waste which has been added to it or if it does not contain essential components. The condition to be met when charging a fee in such cases is that the claimed payment shall not exceed the cost of treatment minus the profit from the treated waste. The Law provides for the power to issue Regulation to further regulate this particular issue.

In Denmark , the Environmental Protection Act introduces the obligation for all producers/importers to take back all end-of-life cars, including cars placed on the market before 1 July 2002. This provision entered into force on 1 January 2007.

In Spain , delivery of the vehicle must occur without any cost for the last owner. Vehicle producers are obliged to cover the negative cost of managing vehicle waste or to take the vehicle back and manage the waste directly. In the latter case, the Royal Decree specifies that a negative cost will be deemed to exist when the costs of decontamination, reuse, shredding and recovery of the resulting materials exceed the income from reused elements and materials recovered in shredding. To implement this measure, producers and representative associations of the various sectors concerned may commission assessments by independent organisations to quantify these costs. Express provision is made for the event that an end-of-life vehicle contains no essential components, in particular the engine and the coachwork, in which case delivery will not be free of charge.

In Finland , the national legislation provides that the final holder and/or owner of the vehicle may deliver the vehicle to an authorised collection centre free of charge.

In Hungary , dismantlers and contracted recipients take over end-of-life vehicles from their owners on a commercial basis. If dismantlers or other waste treatment operators suffer verifiable losses from waste treatment, producers - by a special arrangement - will compensate them insofar as a contract has been signed with the dismantlers or other waste treatment operators. End-of-life vehicles with no market value need also be taken over from owners free of charge. As far as data is available, dismantlers also accept free of charge end-of-life vehicles missing important components as well as those manufactured before 1 July 2002, or even pay owners the market price for scrap metal.

In Italy , as of August 2003 (entry into force of the legislative decree) for vehicles brought onto the market after 1 July 2002, and as of 1 January 2007 for vehicles brought onto the market prior to 1 July 2002, the handover of an end-of-life vehicle to the collection point will take place without the keeper incurring any costs as a result of the zero or negative market value of the vehicle, save for the documented costs of deregistration of the vehicle by the Vehicle Registration Office (PRA), and those associated with the transport of the vehicle to the collection point[89]. These provisions do not apply if an ELV does not contain its essential components such as the engine, parts of the bodywork, the catalytic converter and electronic control units (if these were present originally), or if it contains additional waste. Where the producer does not comply with the organisation of free withdrawal on a nationwide basis, it will in any case be obliged to bear the costs of withdrawal and treatment of an end-of-life vehicle[90].

In Lithuania , in case the producers and importers of vehicles do not take the necessary measure for the organisation of end-of-life vehicle management systems, the introduction of a tax for environmental pollution by end-of-life vehicles should be considered[91]. While accepting end-of-life vehicles, the treatment or collection undertaking may not demand any payment for the acceptance of vehicle. The collection or treatment undertaking may refuse to accept an end-of-life vehicle free of charge, if the end-of-life vehicle was registered in Lithuania for less than three months before its delivery to the collection or treatment undertaking, it does not contain the essential components of a vehicle (in particular the engine, bodywork, etc.), or where it contains additional waste[92].

In Luxembourg , owners or most recent users may deposit end-of-life vehicles free of charge provided that the vehicle still contains the essential working components and does not contain additional waste[93].

In Ireland [94], producers are obliged to establish national collection systems, comprising of authorised treatment facilities, where end-of-life vehicles of their brand (or for which they have responsibility) may be deposited for appropriate treatment and recovery. No charge shall be imposed on the registered owner of an end-of-life vehicle in respect of the deposit of that vehicle for appropriate treatment and recovery at an authorised treatment facility that forms a part of a producer's national collection system. This provision applies from 1st November 2006 in respect of an end-of-life vehicle which was first registered on or after 1st July 2002 and from 1st January 2007 in respect of all other end-of-life vehicles. A charge can be imposed in the event that the end-of-life vehicle contains waste or is missing its essential components. A requirement is also imposed on producers to meet the costs associated with the appropriate treatment and recovery of end-of-life vehicles which have no or a negative market value. A similar obligation in relation to free take-back is imposed on authorised treatment facilities that do not form a part of a producer's national collection system.

In Latvia , treatment facilities must ensure that the owner of an end-of life vehicle could deliver this vehicle to the authorized treatment facility without any cost, if the vehicle does not miss the essential components (i.e. the engine, steering-gear, chassis) or contains waste which has been added to it. There is also an exception to deliver the vehicle to an ATF without any cost when the ELV vehicle is registered in the register of commerce.

In Malta [95], producers shall meet all, or a significant part of, the costs of free take-back. The Competent Authority may decide that the delivery of end-of-life vehicles is not fully free of charge if the end-of-life vehicle does not contain the essential components of a vehicle, in particular the engine, the coachwork, the catalytic converter, the gearbox and the wheels, or contains waste which has been added to the end of life vehicle.

In the Netherlands [96], a national system for the collection of end-of-life vehicles is established (ARN) under which end-of-life vehicles can be delivered at least free of charge. The system for collection is founded by the producers/importers of cars to fulfil their legal obligations.

In Poland , an operator of a dismantling centre is required to accept all end-of-life vehicles free of charge, except in certain situations (where a vehicle is incomplete or contains waste which does not come from that vehicle)[97]. Moreover, producers and importers of vehicles are required to ensure the existence of a vehicle collection network and thereby also the financing for the establishment of such a network[98].

In Portugal , the delivery of an ELV to a collection centre or a dismantling operator named by the vehicle manufacturer or importer or by the managing entity takes place at no cost to the owner or holder, as a result of the ELV having no or a negative market value[99]:

a) as of 1 July 2002 in relation to vehicles placed on the market after that date;

b) as of 1 January 2007 in relation to vehicles placed on the market before 1 July 2002.

With regard to the financial responsibility of producers, vehicle manufacturers or importers will bear the cost of the transport operations from the collection centre and the treatment of the ELVs and their components and materials, as a result of the ELV having no or a negative market value[100]. Delivery of an ELV to a collection centre or a dismantling operator is not, however, free of charge if the ELV in question was originally equipped with an engine, transmission shafts, gearbox, catalysers, electronic control units and coachwork, but does not contain some of these components; or waste has been added to the ELV in question[101].

The Slovenian law specifies that users of the public service/last owners shall be entitled to deliver an end-of-life motor vehicle to a collection or treatment facility free-of-charge[102].

In Slovakia , facilities treating end-of-life vehicles are required to pay the holder of the end-of-life vehicle or another person who has delivered the end-of-life vehicle for treatment a fee, irrespective of the market value of the vehicle, over and above the purchase price; this responsibility may be delegated to the collector. The holder of the end-of-life vehicle who takes or transfers it at his own expense and delivers it to a treatment facility for end-of-life vehicles shall be entitled to the payment of a fee of SKK 1000[103].

In the UK , the ELV (Producer Responsibility) Regulations 2005 require producers to set up networks of conveniently located ATFs into which last owners can deliver their ELVs free of charge, even when those ELVs have no or negative value. Free take-back may not be available in these networks in the event of an ELV being significantly incomplete (as defined in the Regulations) or containing extraneous waste.

3.9. Mutual recognition of certificates of destruction

According to Article 5(5) , Member States shall take the necessary measures to ensure that competent authorities mutually recognise and accept the certificates of destruction issued in other Member States in accordance with paragraph 3. To this end, the Commission shall draw up, not later than 21 October 2001 the minimum requirements for the certificate of destruction.

The minimum requirements for the certificate of destruction were drawn up by the Commission in Commission Decision 2002/151/EC[104]. Most Member States reported acceptance of certificates of destruction meeting the minimum criteria specified by this Decision and accepted in the issuing Member States.

Austria has only drawn up the minimum requirements for certificates of destruction, without prescribing a specific form for them. All certificates of destruction which would correspond to that are accepted.

In Belgium , the measures concerning the minimum requirements for the certificate of destruction come within the competence of the regions. The issue of the mutual recognition of certificates of destruction from various Member States is a matter for the federal government.

In Cyprus , certificates of destruction issued by other Member States in accordance with their national laws transposing the requirements of the ELV Directive are accepted[105].

In Germany and Greece [106], all certificates of destruction meeting the requirements in Commission Decision 2002/151/ are recognised, including those issued in another Member State.

In Spain , certificates of destruction that have been validly issued by other Member States of the European Union will have the same effects as if they had been issued by authorised facilities in this country[107]. For purposes of definitive deregistration of such vehicles, vehicle owners or their representatives must complete the formalities specified in the Spanish General Vehicle Regulation at the appropriate Provincial Traffic Office.

Certificates of destruction in Finland are translated into English. The Vehicle Administration Centre must approve certificates of destruction containing the required information issued in other EU Member States[108].

In Hungary , certificates of destruction issued in one of the EEA countries must be accepted for vehicles' definitive withdrawal[109].

In Ireland , provision is made to recognise the legitimacy of a certificate of destruction issued by an authorised treatment facility in another Member State or a certificate of destruction issued by a producer, dealer or collector where permitted by a competent authority in another Member State[110].

In Luxembourg , certificates of destruction issued in another Member State are recognised and accepted[111]. The National Body of Technical Controls holds a list of duly authorised facilities in Luxembourg and bordering regions. The environment authority is immediately notified when a certificate for a new foreign facility is received. The environment authority then checks whether this facility is duly authorised to issue certificates of destruction.

In Poland , one of the conditions for deregistration of a vehicle is the presentation of a certificate of destruction of the vehicle or an equivalent document issued in another Member State[112].

In Portugal , the Institute for Waste Management sets out the template for the ELV certificate of destruction transposing the requirements of Commission Decision 2002/151/EC into Portuguese law[113]. Certificates of destruction issued by other Member States of the European Union that contain all of the information required by this template are valid for deregistration purposes in Portugal[114].

In Slovakia , if the holder of an ELV has not transferred it to another holder for use as a motor vehicle or does not wish to keep it, he shall be required to submit, together with a request for the ELV to be deregistered under specific regulations of the regional transport inspectorate, an acknowledgement of receipt of the ELV drawn up by the treatment facility or a person authorised to treat ELVs in another Member State of the European Union; in that case, the holder of the ELV shall also submit an officially certified translation thereof[115]. The model acknowledgement of receipt for end-of-life vehicles is contained in Annex 2 to Slovak Ministry of the Environment Decree No 125/2004 Coll.

The Czech Republic [116], Denmark [117], Estonia [118], Italy [119], Lithuania [120], Latvia [121], Malta [122], the Netherlands [123], Sweden [124], and the United Kingdom [125] indicated the existence of national rules specifying the details in their national legislation regulating the issue of mutual recognition of certificates of destruction.

Slovenia reported that it has not taken measures pursuant to Article 5(5) of the ELV Directive. The mutual recognition of certificates of destruction is not separately regulated in the Slovenian law. There have up to now been no cases where mutual recognition was necessary. If they occur, it is envisaged that a case-by-case approach will be taken. Mutual recognition is possible on the basis of direct application of the provisions of the Directive.

3.10. Minimum requirements for storage and treatment of end-of-life vehicles

According to Article 6(1) , Member States shall take the necessary measures to ensure that all end-of life vehicles are stored (even temporarily) and treated in accordance with the general requirements laid down in Article 4 of Directive 75/442/EEC, and in compliance with the minimum technical requirements set out in Annex I to this Directive, without prejudice to national regulations on health and environment.

Austria [126] , Belgium (the Flemish Region), Cyprus [127], the Czech Republic [128], Germany [129], Greece [130], Denmark [131], Estonia [132], Spain [133], Ireland [134], Italy [135], Lithuania [136], Malta [137], the Netherlands , Sweden [138], Slovakia[139] , France [140], and the United Kingdom [141] indicated the existence of national provisions specifying the conditions for ELV storage and treatment in accordance with the requirements of Article 6(1) of the ELV Directive.

In Finland , the Council of State Decree on end-of-life vehicles (581/2004) contains provisions on the storage and treatment of end-of-life vehicles: anyone operating commercially in the treatment and storage of end-of-life vehicles must have the environment permit referred to in Section 28(2)(4) of the Environmental Protection Act (86/2000) and commercial collectors must be registered in the waste register in accordance with Section 49 a of the Waste Act and, when drawing up agreements with pre-treatment facilities, the manufacturer must give preference to facilities which have introduced a certified environmental management system. The Decree also provides for minimum technical requirements for storage and other treatment.

In Hungary , the Government Decree[142] and Annex thereto set out the requirements for storage and treatment. It is also necessary to apply the rules on the treatment of hazardous waste[143] and on the personal and material requirements for the maintenance of motor vehicles[144]. These rules transpose the general requirements contained in Article 4 of Directive 75/442/EEC.

In Luxembourg , all storage sites (even temporary) are subject to authorisation by the Ministry of the Environment. A Ministerial order sets the storage conditions and use of the site.

In Latvia , each treatment facility has to ensure the storage and treatment of ELVs in the safe way in terms of health and environmental protection. In order to carry out ELV storage, dismantling and/or treatment, treatment facilities have to take action in accordance with the requirements of the national law transposing Directive 75/442/EC.

In Poland , end-of-life vehicles may be dismantled exclusively at dismantling centres, whereas end-of-life vehicles may be collected only by firms operating vehicle collection points or firms operating dismantling centres[145]. Firms operating dismantling centres are obliged to ensure that the treatment of end-of-life vehicles is such that it does not damage the environment or public health, and, in accordance with Article 32 of the ELV Act, firms operating vehicle collection points are to ensure that end-of-life vehicles are collected in ways which do not damage the environment or public health[146]. The requirements contained in the Act were developed in greater detail in the Regulation of the Minister for Economic Affairs and Labour of 28 July 2005 laying down minimum requirements for dismantling centres and the method of dismantling end-of-life vehicles[147] and in Regulation of the Minister for Economic Affairs and Labour[148].

In Portugal , the legal obligations set out in DL 196/2003 are reflected in the licence granted to VALORCAR. Thus, this Managing Entity, with the aim of creating the national network of ELV management operators, has defined specifications for the collection centres and the dismantling and shredding operators that intend to join the aforementioned network of operators, which set out minimum requirements relating amongst other things to the operations and facilities. VALORCAR thus needs to guarantee that the requirements set out in DL 196/2003 will be fulfilled in the selection process for the collection centres and management operators.

In Slovenia , the recovery and disposal of motor vehicle components that are acquired after the dismantling of motor vehicles at treatment facilities and that are compressed or shredded and sorted for recycling, crushing, or sent directly for reprocessing or disposal, may only be performed in facilities for which a permit for reprocessing or disposal has been granted under the regulations governing waste management[149].

3.11. Permits for establishments carrying out ELV treatment operations

According to Article 6(2) , Member States shall take the necessary measures to ensure that any establishment or undertaking carrying out treatment operations obtains a permit from or be registered with the competent authorities, in compliance with Articles 9, 10 and 11 of Directive 2006/12/EC (previously 75/442/EEC).

The derogation from the permit requirement referred to in Article 11(1)(b) of Directive 2006/12/EC may apply to recovery operations concerning waste of end-of life vehicles after they have been treated according to Annex 1(3) to this Directive if there is an inspection by the competent authorities before the registration. This inspection shall verify:

(a) type and quantities of waste to be treated;

(b) general technical requirements to be complied with;

(c) safety precautions to be taken,

in order to achieve the objectives referred to in Article 4 of Directive 2006/12/EC. This inspection shall take place once a year. Member States using the derogation shall send the results to the Commission.

According to Article 6(4), Member States shall take the necessary measures to ensure that the abovementioned permit or registration includes all conditions necessary for compliance with the requirements of paragraphs 1, 2 and 3 (see the points above and below).

All Member States have indicated the existence of national provisions specifying the obligation for establishments carrying out ELV treatment operations to obtain permits from or be registered with the competent authorities. Member States have also reported the existence of measures ensuring that the permits for ELV treatment facilities include all conditions necessary for compliance with the legislative requirements. The Czech Republic [150], Denmark [151], Estonia [152], France [153], Malta [154], Sweden [155] and the United Kingdom [156] reported the existence of national provisions concerning permitting.

In Austria , undertakings collecting or carrying out treatment operations on end-of life vehicles require a permit for doing so under Section 25 Waste Management Act 2002. Facilities for recycling end-of-life vehicles are as a rule subject to licensing requirements[157]. Specific requirements relating to the treatment of ELVs are laid down in Section 10 End-of-Life Vehicles Ordinance and are mandatory for firms engaged in collecting or carrying out treatment operations of ELVs. Collecting and treatment firms and treatment facilities are inspected regularly (at least once every five years in the case of hazardous waste).

In Cyprus , the law requires owners of facilities which perform treatment of relevant waste to have licence, in accordance with the "Solid and Hazardous Waste Law of 2002", which harmonized Cyprus legislation with Directive 2006/12/EC[158].

In Germany , this obligation is transposed by permit requirements under the Federal Immission Control Act (BImSchG) in conjunction with the Fourth Ordinance on Implementation of the Federal Immission Control Act (BImSchV 4). The competent Länder authorities are responsible for implementing both these acts as regards the permits for establishments and undertakings.

In Spain , the Royal Decree repeatedly stresses the need for treatment facilities to be duly authorised by the relevant Autonomous Community[159]. Since the power to authorise these facilities lies with the Autonomous Communities, criteria have been harmonised among them to avoid market distortions due to geographical variations and to facilitate the establishment of facilities throughout the national territory. The conditions to be met by waste managers and treatment facilities must be included in the authorisations issued by the various Autonomous Communities, which in any event must conform to the provisions of the general Waste Act[160]. Conditions applying to managers and to treatment facilities are defined in the authorisation document. Special emphasis is placed on the adoption of measures to prevent or remedy soil contamination in facilities which have adapted to the Royal Decree, and on the recovery of contaminated soils in facilities which are not eligible for or have not applied for authorisation and must cease to engage in this kind of activity.

In Finland , the State and municipal environment authorities monitor compliance with the Environmental Protection Act which provides for an obligation to obtain the necessary permits. The permit for establishments and undertakings carrying out treatment operations is subject to the minimum treatment requirements set out in the Council of State Decree on end-of-life vehicles.

In Greece , all ELV treatment installations are authorised by the regional authorities[161] taking into consideration the necessary provisions provided by the Directive and the national legislation transposing the Directive.

A condition for granting the permit in Hungary is that the technical operations pertaining to the application are conducted in compliance with the legislative requirements and that the appropriate instruments are in place to ensure this is the case.

In Ireland , all authorised treatment facilities must operate under a waste permit (or a waste licence) and meet the minimum technical requirements set out in the national law (which transposes the requirements of Annex I of the ELV Directive) in relation to the site conditions for the storage (including temporary storage) and the appropriate treatment and recovery of end-of-life vehicles[162]. All existing facilities, which aspire to authorised treatment facility status, must have appropriate depollution systems in place and their existing waste permits must be revised accordingly to take account of these (both site and operational) requirements. Local authorities have been asked to take appropriate action in this matter. Each facility must hold a waste permit for the dismantling of (depolluted) vehicles. It is envisaged that waste permits of this type will specify conditions appropriate to the environmentally sound management of such depolluted vehicles.

In Italy , the permits to start up and operate treatment facilities are issued in accordance with the provisions of Articles 27 and 28 of Legislative Decree No. 22 of 1997. In case where, following the launching of the treatment facility, the competent Province discovers that it does not conform to the permit or that there has been a breach of the conditions established in the procedure for authorisation, the competent authority, following a warning, will suspend the permit for a maximum period of twelve months. The permit can be revoked if the proprietor of the facility does not proceed to conform, within the said period, to the conditions of the permits. The permit to perform treatment operations is issued for a period of five years and is renewable[163]. Before issuing the permit, the competent authority verifies that the candidate facilities are located in such a way that they do not drain into certain areas (such as protected natural areas or territories subject to landscape obligations). Moreover, the facilities must not be located in overflows, unstable or alluvial areas. For each location site an assessment is made of the local conditions of acceptability of the facility in respect of its distance from centres of population and from historic, artistic, archaeological and paleontological sites. The law identifies areas which have priority as ELV treatment sites. These include disused areas, areas for technological services and installations, industrial and trade areas. Regional authorities must promote the relocation of collection centres and treatment facilities located in unsuitable areas. The area pre-selected for the ELV treatment facility must be served by an urban road network and easily accessible to heavy motor vehicles.

In Lithuania , ELVs may be collected and treated only by undertakings in possession of a permit defining the necessary conditions for the collection and treatment of end-of-life vehicles. ELV treatment undertakings must comply with the requirements for the recovery and disposal of waste set in national legislation[164]. All applications from potential ELV treatment facilities must meet the requirements specified in the national law transposing the IPPC Directive[165]. Where an application does not meet these requirements, or there is not enough information for the evaluation of the application, the applicant is notified in writing of the missing or inadequate information and of the time limit in which he/she must eliminate the shortcomings. If the applicant fails to provide adequate information within the required time, the application is considered not to have been submitted and is returned to the applicant. The date of the submission of the application with all the shortcomings eliminated is considered as the submission date.

In Luxembourg , only facilities that are duly authorised under Article 10 of the Law of 17 June 1994 on waste prevention and management (transposing into national law Directive 2006/12/EC) are authorised to treat end-of-life vehicles.

In Latvia , any establishment or undertaking carrying out treatment operations has to obtain a "B" category permit for polluting activities in the State Environmental sector before starting of these operations [166].

In the Netherlands , the measures concerning permits are laid down in Article 5 of the End of Life Vehicles Management Decree. This Article has been formulated as an instruction to the Competent Authority. The reason for this is that the Environmental Management Act[167] already includes directly applicable rules on prescribing technical requirements for companies subject to licensing. This formula is conducive to clarity and uniformity.

In Poland , firms operating dismantling centres are required to obtain appropriate waste management permits for their operation[168]. A permit may be issued to a firm after the regional environmental protection inspector has checked the functioning of installations and equipment used to dismantle ELVs in accordance with the conditions contained in the national law[169].

In Portugal , waste storage, treatment, recovery and disposal operations are subject to prior authorisation, without prejudice to the legislation on industrial licensing, and the evaluation of the environmental impact of activities contained in the Industrial Activity Classification Table. Order 961/98 of 10 November 1998 sets out the requirements with which the process for prior authorisation of storage, treatment, recovery and disposal operations for industrial waste, municipal solid waste or other types of waste must comply, and states that such authorisation is subject to the approval process that includes inspections by the competent bodies. Inspection s are carried out by the authority competent for authorisation and by the bodies consulted. A report from the inspection is drawn up and signed by all the parties involved. This report contains information about the conformity of the facility or equipment with the authorised project, the fulfilment of the applicable technical requirements, any other conditions deemed necessary, and the deadline for compliance with these conditions. The final decision is given to the applicant within 15 working days since the report has been drawn up, indicating the imposed conditions. The entry into operation of the collection centres depends on a favourable decision from the Institute for Waste Management after the completion of an inspection at the request of the interested party, prior to the start of operations[170]. This inspection is carried out by the Institute and by the territorially competent regional coordination and development committee, and a report containing the evaluation of conformity of the facility with the minimum technical requirements is drawn up[171]. All ELV treatment operations are subject to prior authorisation in accordance with the provisions of Decree-Law no. 239/97[172] and Order no. 961/98[173], and must comply with a set of minimum technical requirements[174] without prejudice to the legislation on industrial licensing, the evaluation of environmental impacts and environmental licensing[175].

In Slovenia , according to the Rules on the Management of ELVs, treatment of car wrecks may only be performed in treatment facilities managed by public service providers, in accordance with the regulations governing the method, subject and conditions of performance of the public service. The recovery and disposal of vehicle components after the dismantling of vehicles at treatment facilities may only be performed in facilities to which a permit has been granted under the regulations governing waste management. A public service provider must acquire a permit for the management of ELVs from the ministry. This permit allows waste collection under the regulations governing waste management. The ministry grants permits for a definite period of time, which may not exceed the period of duration of the public service concession. This permit may be extended if the conditions for granting of the permit have been met and if the public service provider’s concession has likewise been extended. In the permit, the ministry shall lay down, in particular, the method to be employed to treat ELVs, sort components, separate components and materials or substances that contain hazardous substances; the method of delivering components for recovery or disposal; and the environmental protection measures that must be taken when treating ELVs.

In Slovakia , an authorisation to undertake treatment operations involving ELVs must be granted by the Slovak Ministry of the Environment and must be approved by the local environment office for the collection and treatment of ELVs[176].

Only two countries - Italy and the United Kingdom - provided for a possibility of derogation from the permit requirements.

In Italy , permit for ELV waste recovery is subject to a prior inspection by the competent Province for the territory (simplified procedure)[177]. This inspection is performed at least annually and within 60 days from the presentation of the notification of commencement of activities (in any case, it must take place before the activities begin). It determines the type and quantity of waste undergoing recovery, the conformity of the recovery activities to the technical prescriptions, and the safety measures[178]. Where the competent Province for the territory, following the inspections, finds that there has been a breach of the provisions laid down in legislation, it will prohibit, subject to giving a warning and setting a deadline for compliance, the commencement or the continuation of activities, unless the facility conforms to the legislation in force. Each year the Provinces must send the results of the inspections to the Ministry for the Environment and Territory, APAT, and the National register of companies performing waste management[179].

In the United Kingdom , Regulation 48 of the ELV Regulations 2003 restricts the eligibility, terms and conditions for registered exemptions from licensing. It specifies that the Environment Agency shall register a site proposing to be exempt only where it has first verified the type and quantities of waste to be treated, the general technical requirements to be complied with,