OPINION OF THE COMMISSION pursuant to Article 251 (2) (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on End of Life Vehicles AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty

EXPLANATORY MEMORANDUM

Article 251, paragraph 2, letter c) of the Treaty establishing the European Community establishes that the Commission gives an opinion on the amendments proposed by the European Parliament in the second reading.

The Commission hereafter gives its opinion on the thirty-two amendments proposed by the European Parliament. In conformity with Article 250, paragraph 2 of the EC Treaty, an amended proposal is attached, which includes all or parts of the thirteen amendments of the Parliament accepted by the Commission.

1. Background

Transmission of the Proposal to the Council and the European Parliament // 24 September 1997

Consultation of the European Parliament by the Council // 3 December 1997

Opinion of the Economic and Social Committee // 25 February 1998

Opinion of the European Parliament - first reading // 11 February 1999

Amended Proposal of the Commission (COM (1999) 176 final) // 28 April 1999

Adoption of the Common Position // 29 July 1999

Opinion of the Commission on the Common Position (SEC (1999) 1549 final) // 1 October 1999

In this last document (SEC (1999) 1549 final), the Commission considered the Common Position in line with the amended Proposal of the Commission (COM (1999) 176 final) and, as a consequence, the Commission supports the Common Position.

2. Objective of the Commission Proposal

The Proposal is designed firstly to preserve and improve the quality of the environment and secondly to ensure the functioning of the internal market and avoid distortions to competition. To this end, it establishes measures on the prevention of waste from vehicles (including restrictions on the use of hazardous substances in new vehicles), on the collection of vehicles as well as their treatment, recycling and recovery. The Proposal is based on the 'producer responsibility' principle.

3. Commission opinion on the Parliament's amendments

The Commission accepts in full, in part or in principle thirteen of the thirty-two amendments adopted by the Parliament. They are incorporated in the new amended proposal and may therefore be re-examined by the Council.

3.1. Amendments accepted by the Commission

Amendment 5 (in part), 24 and 25 (on recital 22 and Article 8 respectively) replace the term 'dismantling manual' with the term 'dismantling information'. A definition of dismantling information is given in Amendment 8 (introducing a new paragraph in Article 2). Amendment 5 adds also a reference to the contents of Article 8. All these changes, although not very significant, bring more precision to the text and can be accepted.

Amendment 6 (on a new recital) as well as amendment 26 deal with the Committee procedure (Article 11). The Commission can accept amendment 6. Amendment 26 can be accepted in principle although the Commission refers to the standard wording in use for regulatory committees.

The first part of amendment 9 (on Article 3(1)) establishes that the Directive shall apply irrespective of how the vehicles have been serviced during their use and of whether they have been equipped with original or non-original spare parts. The Commission accepts this addition, which is considered useful in light of the aims of the Directive.

Amendment 10 introduces a new paragraph in Article 3 aimed at excluding 'special purpose' vehicles (ambulances, hearses, motor-caravans) from the provisions of Article 7 (quantified targets for reuse, recycling and recovery). This is in line with the original Proposal from the Commission and can be accepted.

Amendment 12 (third part) aims at replacing the word 'and' with the word 'or' and can be accepted.

Amendment 15 deals with Article 5(3) on the conditions for deregistration of end of life vehicles. Amendment 20 deals with permit conditions (Article 6(2)). Amendment 15 adds collection points and producers to the subjects which, if licensed, may issue certificates of destruction. Amendment 20 requires collection undertakings to be at least registered with competent authorities. These changes are line with the aims of the Directive and can be accepted. In addition, amendment 15 gives Member States the possibility to allow for temporary deregistration without the delivery of the certificate of destruction. This is in line with the Commission's original proposal and can be accepted.

Amendment 21 on Article 6(5) changes the words 'may encourage' with the words 'shall encourage'. The Commission can agree to this change.

Amendment 22 on Article 7(1) adds a number of requirements and requires component manufacturers to provide recovery facilities with information on a number of technical aspects. The Commission can accept this amendment.

3.2. Amendments not accepted by the Commission

Amendment 2 on recital 8 refers to the inclusion of spare and replacements parts into the scope of the Directive. Amendment 14 requires spare and replacement parts to be included in the collection requirements set out in Article 5(1). The Commission considers that spare and replacement parts would de facto be covered by collection infrastructures anyway and therefore there is no need for an explicit widening of the Directive's scope.

Amendments 3 (on recital 9), 7 (on a new paragraph of Article 2(1)), and 9 (second part) (on Article 3(1)) aim at excluding 'cherished' vehicles from the scope of the Directive. The Commission understands that 'cherished' vehicles are not covered by the definition of 'waste' set out by Directive 75/442/EEC on waste and therefore are not covered by the scope of the end of life vehicles directive. A specific exclusion of 'cherished' vehicles from the end of life vehicles Directive may lead to the interpretation that these vehicles are waste, thus creating confusion on the general definition of waste. For this reason the Commission cannot accept these amendments.

Amendment 5, first part, replaces the word 'recycling' in recital 22 with the word 'recovery'. The Commission considers the term 'recycling' to be more appropriate in the context of that provision and therefore cannot accept the amendment.

Amendments 4, 11, 12, 13, 28, 30 and 32/48 deal with the issue of heavy metals (recital 10 and Article 4(2)).

Amendments 4 and 11 require the stripping of mercury containing components prior to shredding as well as an incitement not to landfill cadmium, lead and hexavalent chromium. The Commission cannot accept these amendments, in light of the fact that a general prohibition to use heavy metals in new vehicles, as foreseen by Article 4(2), would be easier to apply in practice. For this reason, the Commission also cannot accept amendment 30 on Annex I, requiring the dismantling of mercury containing components from end of life vehicles.

Amendment 12 (first two parts) considerably delays the phase-out of heavy metals, which would enter into force in 2005 instead of 18 months after the entry into force of the Directive and it would be linked to the type-approval of vehicles, which implies a further delay of up to 7 years. This is a major weakening of the level of environmental protection as set out in the Common Position and the Commission cannot accept it.

Amendments 13, 32 and 48 introduce new derogations in Article 4(2) and Annex II, dealing with the phase-out of heavy metals. The Commission believes the derogations already included in the Common Position to be sufficient. In addition, the Commission considers amendment 13 to be already covered by Article 4(2)b(i). Therefore, the Commission cannot accept these amendments. The matter of derogations to the heavy-metal phase-out should be left to the technical Committee set up by Article 18 of Directive 75/442/EEC on waste, as foreseen in Article 11 of the Common Position. For this reason, the Commission can also not accept amendment 28 deleting one of the derogations included in the Common Position.

Amendments 1, 17, 19, 27 and 45(rev 2) deal with the issue of producer responsibility (Article 5(4)). Amendment 1 on recital 7 deletes the standard phrase 'take the necessary measures' and has no clear added value. The Commission cannot accept this amendment. Amendment 45 limits the producer responsibility to vehicles registered 18 months after the entry into force of the Directive. This considerably weakens one of the basic environmental pillars of the Directive and the Commission cannot accept it. Amendment 17 adds the terms 'direct or indirect' to the term 'cost' in the first subparagraph of Article 5(4). The Commission does not see any added value in this change, besides a risk of confusion of its interpretation, therefore the amendment cannot be accepted. Amendment 19 concerns a report to be prepared by the Commission on possible distortions of competitions. The Commission does not see how this report would be of any use, given that rules for monitoring competition already exist in the Treaty. Therefore, also amendment 19 cannot be accepted. Finally, amendment 27 on Article 12 delays the entry into force of Article 5(4) in relation to new vehicles. This change cannot be accepted by the Commission.

Amendment 23 introduces a new paragraph into Article 7(1) requiring the Commission to adopt quality standards for reusable components. The Commission underlines that such rules would need to be adopted under the framework of Directive 70/156/EEC, thus the decision would need to be taken by the European Parliament and the Council. In addition, the Commission does not see how this amendment would fit in the scope of the end of life vehicles Directive. Amendment 23 cannot be accepted.

Amendment 29 and 31 deal with Annex I. Amendment 29 is less stringent than the Common Position. Such change is not justified, and cannot be accepted. Amendment 31 on Annex I adds some conditions to the obligations to dismantle tyres and large plastic components in view of their recycling. These conditions considerably weaken the dismantling obligations and therefore undermine the potential for recycling such components, given that the non metallic fractions resulting from shredding operations are generally not suitable for recycling. The Commission cannot accept this amendment.

Amendment 40/47 deals with Article 7(4) on recyclability requirements to be introduced into Directive 70/156/EEC and delays the date by which vehicles must be reusable/ recyclable to a minimum of 85% and reusable/recoverable to a minimum of 95%. The Commission cannot accept this delay.

1997/0194 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on End of Life Vehicles amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175 (1) thereof,

Having regard to the proposal from the Commission [1],

[1] OJ C ..., ..., p. ...

Having regard to the opinion of the Economic and Social Committee [2],

[2] OJ C ..., ..., p. ...

Having regard to the opinion of the Committee of the Regions [3],

[3] OJ C ..., ..., p. ...

Acting in accordance with the procedure laid down in Article 251 of the Treaty [4],

[4] OJ C ..., ..., p. ...

Whereas:

(1) The different national measures concerning end-of-life vehicles should be harmonised in order, first, to minimise the impact of end-of-life vehicles on the environment, thus contributing to the protection, preservation and improvement of the quality of the environment and energy conservation, and, second, to ensure the smooth operation of the internal market and avoid distortions of competition in the Community.

(2) A Community-wide framework is necessary in order to ensure coherence between national approaches in attaining the objectives stated above, particularly with a view to the design of vehicles for recycling and recovery, to the requirements for collection and treatment facilities, and to the attainment of the targets for re-use, recycling and recovery, taking into account the principle of subsidiarity and the polluter-pays principle.

(3) Every year end-of-life vehicles in the Community generate between 8 and 9 million tonnes of waste, which must be managed correctly.

(4) In order to implement the precautionary and preventive principles and in line with the Community strategy for waste management, the generation of waste must be avoided as much as possible.

(5) It is a further fundamental principle that waste should be re-used and recovered, and that preference be given to re-use and recycling.

(6) Member States should take measures to ensure that economic operators set up systems for the collection, treatment and recovery of end-of-life vehicles.

(7) Member States should take the necessary measures to ensure that the last holder and/or owner can deliver the end-of-life vehicle to an authorised treatment facility without any cost as a result of the vehicle having no or a negative market value; Member States should ensure that producers meet all, or a significant part of, the costs of the implementation of these measures; the normal functioning of market forces should not be hindered.

(8) This Directive should cover vehicles and end-of-life vehicles, including their components and materials, without prejudice to safety standards, air emissions and noise control.

(9) This Directive should be understood as having borrowed, where appropriate, the terminology used by several existing directives, namely Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances [5], Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers [6], and Council Directive 75/442/EEC of 15 July 1975 on waste [7].

[5] OJ 196, 16.8.1967, p. 1. Directive as last amended by Commission Directive 98/98/EC (OJ L 355, 30.12.1998, p. 1).

[6] OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 98/91/EC of the European Parliament and of the Council (OJ L 11, 16.1.1999, p. 25).

[7] OJ L 194, 25.7.1975, p. 39. Directive as last amended by Commission Decision 96/350/EC (OJ L 135, 6.6.1996, p. 32).

(10) It is important that preventive measures be applied from the conception phase of the vehicle onwards and take the form, in particular, of reduction and control of hazardous substances in vehicles, in order to prevent their release into the environment, to facilitate recycling and to avoid the disposal of hazardous waste; in particular the use of lead, mercury, cadmium and hexavalent chromium should be prohibited; these heavy metals should only be used in certain applications according to a list which will be regularly reviewed.

(11) The recycling of all plastics from end-of-life vehicles should be continuously improved; whereas the Commission is currently examining the environmental impacts of PVC; the Commission will, on the basis of this work, make proposals as appropriate as to the use of PVC including considerations for vehicles.

(12) The requirements for dismantling, re-use and recycling of end-of-life vehicles and their components should be integrated in the design and production of new vehicles.

(13) The development of markets for recycled materials should be encouraged.

(14) In order to ensure that end-of-life vehicles are discarded without endangering the environment, appropriate collection systems should be set up.

(15) A certificate of destruction, to be used as a condition for the de-registration of end-of-life vehicles, should be introduced; Member States without a de-registration system should 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.

(16) Collection and treatment operators should be allowed to operate only when they have received a permit or, in case a registration is used instead of a permit, specific conditions have been complied with.

(17) The recyclability and recoverability of vehicles should be promoted.

(18) It is important to lay down requirements for storage and treatment operations in order to prevent negative impacts on the environment and to avoid the emergence of distortions in trade and competition.

(19) In order to achieve results in the short term and to give operators, consumers and public authorities the necessary perspective for the longer term, quantified targets for re-use, recycling and recovery to be achieved by economic operators should be set.

(20) Producers should ensure that vehicles are designed and manufactured in such a way as to allow the quantified targets for re-use, recycling and recovery to be achieved; to this end the Commission will promote the preparation of European standards and will take the other necessary measures in order to amend the pertinent European vehicle type-approval legislation.

(21) Member States should ensure that in implementing the provisions of this Directive competition is preserved, in particular as regards the access of small and medium-sized enterprises to the collection, dismantling, treatment and recycling market.

(22) In order to facilitate the dismantling and recycling of end-of-life vehicles, vehicle manufacturers should provide authorized treatment facilities with all requisite dismantling information in particular for hazardous materials; vehicle manufacturers and material producers should use common component and material coding standards; in addition, the preparation of European standards, where appropriate, should be promoted.

(23) Vehicle manufacturers and material producers should use component and material coding standards, to be established by the Commission assisted by the relevant committee; in the preparation of these standards the Commission will take account, as appropriate, of the work going on in this area in the relevant international for a.

(24) Community-wide data on end-of-life vehicles is needed in order to monitor the implementation of the objectives of this Directive.

(25) Consumers have to be adequately informed in order to adjust their behaviour and attitudes; to this end information should be made available by the relevant economic operators.

(26) Member States may choose to implement certain provisions by means of agreements with the economic sector concerned, provided that certain conditions are met.

(27) The adaptation to scientific and technical progress of the requirements for treatment facilities and for the use of hazardous substances and, as well as the adoption of minimum standards for the certificate of destruction, the formats for the database and the implementation measures necessary to control compliance with the quantified targets should be effected by the Commission under a Committee procedure.

(28) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [8].

[8] OJ l84, 17.7.1999, p. 23.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objectives

This Directive lays down measures which aim, as a first priority, at the prevention of waste from vehicles and, in addition, at the re-use, 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.

Article 2

Definitions

For the purposes of this Directive:

1. "vehicle" means any vehicle designated as category m1 or n1 defined in Annex II (A) to Directive 70/156/EEC, and three wheel motor vehicles as defined in Directive 92/61/EEC, but excluding motor tricycles;

2. "end-of-life vehicle" means a vehicle which is waste within the meaning of Article 1(a) of Directive 75/442/EEC;

3. "producer" means the vehicle manufacturer or the professional importer of a vehicle into a Member State;

4. "prevention" means measures aiming at the reduction of the quantity and the harmfulness for the environment of end-of-life vehicles, their materials and substances;

5. "treatment" means any activity after the end-of-life vehicle has been handed over to a facility for depollution, dismantling, shearing, shredding, recovery or preparation for disposal of the shredder wastes, and any other operation carried out for the recovery and/or disposal of the end-of-life vehicle and its components;

6. "re-use" means any operation by which components of end-of-life vehicles are used for the same purpose for which they were conceived;

7. "recycling" means the reprocessing in a production process of the waste materials for the original purpose or for other purposes but excluding energy recovery. Energy recovery means the use of combustible waste as a means to generate energy through direct incineration with or without other waste but with recovery of the heat;

8. "recovery" means any of the applicable operations provided for in Annex II B to Directive 75/442/EEC;

9. "disposal" means any of the applicable operations provided for in Annex II A to Directive 75/442/EEC;

10. "economic operators" means producers, distributors, collectors, motor vehicle insurance companies, dismantlers, shredders, recoverers, recyclers and other treatment operators of end-of-life vehicles, including their components and materials;

11. "hazardous substance" means any substance which is considered to be dangerous under Directive 67/548/EEC;

12. "shredder" means any device used for tearing into pieces or fragmenting end-of-life vehicles, including for the purpose of obtaining directly reusable metal scrap.

13. "dismantling information" means all information required for the correct and environmentally sound treatment of end-of-life vehicles. It shall be made available to authorised recovery undertakings by vehicle manufacturers and component producers in the form of manuals or by means of electronic media (eg. CD-ROM, on-line services).

Article 3

Scope

1. This Directive shall cover vehicles and end-of-life vehicles, including their components and materials. This shall apply irrespective of how the vehicle has been serviced or repaired during use and irrespective of whether it is equipped with components supplied by the producer or with other components whose fitting as spare or replacement parts accords with the appropriate Community provisions or domestic provisions.

2. This Directive shall apply without prejudice to existing Community legislation and relevant national legislation, in particular as regards safety standards, air emissions and noise controls and the protection of soil and water.

a) 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 this Directive.

b) Special-purpose vehicles as defined in the second indent of Article 4(1)(a) of Directive 70/156/EEC shall be excluded from the provisions of Article 7 of this Directive.

4. For three wheel motor vehicles only Articles 5(1), 5(2) and 6 of this Directive shall apply.

Article 4

Prevention

1. In order to promote the prevention of waste Member States shall encourage, in particular:

a) vehicle manufacturers, in liaison 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 take into full account and facilitate the dismantling, re-use and recovery, in particular the recycling, of end-of-life vehicles, their components and materials.

c) vehicle manufacturers, in liaison 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.

a) Member States shall ensure that materials and components of vehicles put on the market after ... [9] do not contain lead, mercury, cadmium or hexavalent chromium other than in cases listed in Annex II under the conditions specified therein;

[9] 18 months after the date of entry into force of this Directive.

b) In accordance with the procedure laid down in Article 11 the Commission shall on a regular basis, according to technical and scientific progress, amend Annex II, in order to:

i) as necessary, establish maximum concentration values up to which the existence of the substances referred to in subparagraph (a) in specific materials and components of vehicles shall be tolerated;

ii) exempt certain materials and components of vehicles from the provisions of subparagraph (a) if the use of these substances is unavoidable;

iii) delete materials and components of vehicles from Annex II if the use of these substances is avoidable;

iv) under points (i) and (ii) designate those materials and components of vehicles that can be stripped before further treatment; they shall be labelled or made identifiable by other appropriate means;

c) The Commission shall amend Annex II for the first time not later than ....... [10]. In any case none of the exemptions listed therein shall be deleted from the Annex before 1 January 2003.

[10] 12 months after the date of entry into force of this Directive.

Article 5

Collection

1. Member States shall take the necessary measures to ensure:

- that economic operators set up systems for the collection of all end-of-life vehicles,

- the adequate availability of collection facilities within their territory.

2. Member States shall also take the necessary measures to ensure that all end-of-life vehicles are transferred to authorised treatment facilities.

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, collection point or producer. Only treatment facilities, collection points and producers which have obtained a permit in accordance with Article 6 shall be permitted to issue a certificate of destruction. Member States may permit producers, dealers and collectors y to issue certificates of destruction provided that they guarantee that the end-of-life vehicle is transferred to an authorised treatment facility. Temporary deregistration without presentation of a certificate of destruction shall be permissible.

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.

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.

The Commission shall regularly monitor the implementation of the first subparagraph to ensure that it does not result in market distortions, and if necessary shall propose to the European Parliament and the Council an amendment thereto.

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 ......... [11] the minimum requirements for the certificate of destruction.

[11] 12 months after the date of entry into force of this Directive.

Article 6

Treatment

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 the Annex I to this Directive, without prejudice to national regulations on health and environment.

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 75/442/EEC. Member States shall take the necessary measures to ensure that undertakings which collect end-of-life vehicles, even if they do not carry out treatment operations (collection points), are registered with the competent authorities.

The derogation from the permit requirement referred to in Article 11(1)(b) of Directive 75/442/EEC may apply to recovery operations concerning waste of end-of-life vehicles after they have been treated according to Annex I(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 75/442/EEC. This inspection shall take place once a year. Member States using the derogation shall send the results to the Commission.

3. Member States shall take the necessary measures to ensure that any establishment or undertaking carrying out treatment operations fulfils at least the following obligations in accordance with the Annex I:

a) End-of-life vehicles shall be stripped before further treatment or other equivalent arrangements shall be made in order to reduce any adverse impact on the environment. Components or materials labelled or otherwise made identifiable in accordance with Article 4(2) shall be stripped before further treatment;

b) Hazardous materials and components shall be removed and segregated in a selective way so as not to contaminate subsequent shredder waste from end-of-life vehicles;

c) Stripping operations and storage shall be carried out in such a way as to ensure the suitability of vehicle components for re-use and recovery, and in particular for recycling.

Treatment operations for depollution of end-of-life vehicles as referred to in Annex I(3) shall be carried out as soon as possible.

4. Member States shall take the necessary measures to ensure that the permit or registration referred to in paragraph 2 includes all conditions necessary for compliance with the requirements of paragraphs 1, 2 and 3.

5. Member States shall encourage establishments or undertakings which carry out treatment operations to introduce certified environmental management systems.

Article 7

Re-use and recovery

1. Member States shall take the necessary measures to encourage the re-use of components which are suitable for re-use, the recovery of components which cannot be re-used and the giving of preference to recycling when environmentally viable, without prejudice to requirements regarding the safety of vehicles and environmental requirements, particularly those relating to exhaust gases and noise.

Component producers must make available to authorised recovery facilities the requisite information concerning dismantling, storage and testing of components which can be re-used.

2. Member States shall take the necessary measures to ensure that the following targets are attained by economic operators:

a) No later than 1 January 2006, for all end-of-life vehicles, the re-use and recovery shall be increased to a minimum of 85% by an average weight per vehicle and year. Within the same time limit the re-use and recycling shall be increased to a minimum of 80% by an average weight per vehicle and year.

For vehicles produced before 1 January 1980, Member States may lay down lower targets, but not lower than 75% for re-use and recovery and not lower than 70% for re-use and recycling. Member States making use of this subparagraph shall inform the Commission and the other Member States of the reasons therefor;

b) No later than 1 January 2015, for all end-of-life vehicles, the re-use and recovery shall be increased to a minimum of 95% by an average weight per vehicle and year. Within the same time limit, the re-use and recycling shall be increased to a minimum of 85% by an average weight per vehicle and year.

By 31 December 2005 at the latest the European Parliament and the Council shall re-examine the targets referred to in paragraph (b) on the basis of a report of the Commission, accompanied by a proposal. In its report the Commission shall take into account the development of the material composition of vehicles and any other relevant environmental aspects related to vehicles.

The Commission shall, in accordance with the procedure laid down in Article 11, establish the detailed rules necessary to control compliance of Member States with the targets set out in this paragraph. In doing so the Commission shall take into account all relevant factors, inter alia the availability of data and the issue of exports and imports of end-of-life vehicles. The Commission shall take this measure not later than .......................... [12].

[12] 24 months after the date of entry into force of this Directive.

3. On the basis of a proposal from the Commission, the European Parliament and the Council shall establish targets for re-use and recovery and for re-use and recycling for the years beyond 2015.

4. In order to prepare an amendment to Directive 70/156/EEC, the Commission shall promote the preparation of European standards relating to the dismantlability, recoverability and recyclability of vehicles. Once the standards are agreed, but in any case no later than by the end of 2001, the European Parliament and the Council, on the basis of a proposal from the Commission, shall 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.

Article 8

Coding standards/dismantling information

1. Member States shall take the necessary measures to ensure that producers, in concert with material and equipment manufacturers, use component and material coding standards, in particular to facilitate the identification of those components and materials which are suitable for re-use and recovery.

2. Not later than................... [13] the Commission shall, in accordance with the procedure laid down in Article 11 establish the standards referred to in paragraph 1 of this Article. In so doing, the Commission shall take account of the work going on in this area in the relevant international fora and contribute to this work as appropriate.

[13] 12 months after the date of entry into force of this Directive.

3. Member States shall take the necessary measures to ensure that producers provide dismantling information for each type of new vehicle put on the market within six months after the vehicle is put on the market. This information shall identify, as far as it is needed by treatment facilities in order to comply with the provisions of this Directive, the different vehicle components and materials, and the location of all hazardous substances in the vehicles, in particular with a view to the achievement of the objectives laid down in Article 7.

Article 9

Reporting and information

1. At three year intervals Member States shall send a report to the Commission on the implementation of this Directive. The report shall be drawn up on the basis of a questionnaire or outline drafted by the Commission in accordance with the procedure laid down in Article 6 of Directive 91/692/EEC [14] with a view to establishing databases on end-of-life vehicles and their treatment. The questionnaire or outline shall be sent to the Member States six months before the start of the period covered by the report. The report shall be made to the Commission within nine months of the end of the three-year period covered by it.

[14] OJ L 377, 31.12.1991, p. 48.

The first report shall cover the period of three years from . [15].

[15] 18 months after the date of entry into force of this Directive.

The Commission shall publish a report on the implementation of this Directive within nine months of receiving the reports from the Member States.

2. Member States shall require in each case the relevant economic operators to publish information on:

- the design of vehicles and their components with a view to their recoverability and recyclability,

- the environmentally sound treatment of end-of-life vehicles, in particular the removal of all fluids and dismantling,

- the development and optimisation of ways to re-use, recycle and recover end-of-life vehicles and their components,

- the progress achieved with regard to recovery and recycling to reduce the waste to be disposed of and to increase the recovery and recycling rates.

The producer must make this information accessible to the prospective buyers of vehicles. It shall be included in promotional literature used in marketing of the new vehicle.

Article 10

Implementation

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ...................... [16]. They shall immediately inform the Commission thereof.

[16] 18 months after the date of entry into force of this Directive.

When Member States adopt these measures, these shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by Member States.

2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive.

3. Provided that the objectives set out in this Directive are achieved, Member States may transpose the provisions set out in 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 meet the following requirements:

a) agreements shall be enforceable;

b) agreements need to specify objectives with the corresponding deadlines;

c) agreements shall be published in the national official journal or an official document equally accessible to the public and transmitted to the Commission;

d) the results achieved under an agreement shall be monitored regularly, reported to the competent authorities and the Commission and made available to the public under the conditions set out in the agreement;

e) the competent authorities shall make provisions to examine the progress reached under the agreement;

f) in case of non-compliance with the agreement Member States must implement the relevant provisions of this Directive by legislative, regulatory or administrative measures.

Article 11

Committee procedure

The Commission shall be assisted by the Committee instituted by Article 18 of Directive 75/442/EEC composed of representatives of the Member States and chaired by the representative of the Commission.

Where reference is made to this paragraph, the regulatory procedure laid down in Article 5 of Decision 1999/468/EC shall apply, in compliance with Article 7(3) and Article 8 thereof.

The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months.

The Commission, according to the procedure laid down herein, shall adopt:

a) the amendments necessary for adapting the Annexes to this Directive to scientific and technical progress;

b) the minimum requirements, as referred to in Article 5(5), for the certificate of destruction;

c) the formats relating to the database system referred to in Article 9;

d) the detailed rules referred to in Article 7(2), third subparagraph.

Article 12

Entry into force

1. This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.

2. Article 5(4) shall apply

- as from 1 January 2001 for vehicles put on the market as from this date;

- as from 1 January 2006 for vehicles put on the market before the date referred to in the first indent.

3. In Annex II, point 11, a maximum value of 5 g per vehicle may apply until ............................... [17].

[17] 30 months after the date of entry into force of this Directive.

Article 13

This Decision is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

ANNEX I

Minimum technical requirements for treatment in accordance with Article 6(1) and (3)

1. Sites for storage (including temporary storage) of end-of-life vehicles prior to their treatment:

- Impermeable surfaces for appropriate areas with the provision of spillage collection facilities, decanters and cleanser-degreasers,

- Equipment for the treatment of water, including rainwater, in compliance with health and environmental regulations.

2. Sites for treatment:

- Impermeable surfaces for appropriate areas with the provision of spillage collection facilities, decanters and cleanser-degreasers,

- Appropriate storage for dismantled spare parts, including impermeable storage for oil-contaminated spare parts,

- Appropriate containers for storage of batteries (with electrolyte neutralisation on site or elsewhere), filters and PCB/PCT-containing condensers,

- Appropriate storage tanks for the segregated storage of end-of-life vehicle fluids: fuel, motor oil, gear box oil, transmission oil, hydraulic oil, cooling liquids, antifreeze, brake fluids, battery acids, air conditioning system fluids and any other fluid contained in the end-of-life vehicle,

- Equipment for the treatment of water, including rainwater, in compliance with health and environmental regulations,

- Appropriate storage for used tyres, including the prevention of fire hazards and excessive stockpiling.

3. Treatment operations for depollution of end-of-life vehicles:

- removal of batteries and liquified gas tanks,

- removal or neutralisation of potential explosive components (e.g. air bags),

- removal and separate collection and storage of fuel, motor oil, transmission oil, gear box oil, hydraulic oil, cooling liquids, antifreeze, brake fluids, air conditioning system fluids and any other fluid contained in the end-of-life vehicle, unless they are necessary for the re-use of the parts concerned.

4. Treatment operations in order to promote recycling:

- removal of catalysts,

- removal of metal components containing copper, aluminium and magnesium if these metals are not segregated in the shredding process,

- removal of tyres and large plastic components (bumpers, dash board, fluid containers, etc.),

- removal of glass.

5. Storage operations are to be carried out avoiding damage to components containing fluids or to recoverable components and spare parts.

ANNEX II

Materials and components exempt from Article 4(2)(a)

Materials and components

// To be labelled or made identifiable in accordance with Article 4(2)(b)(iv)

Lead as an alloying element //

1. Steel containing up to 0,3% lead by weight //

2. Aluminium containing up to 0,4% lead by weight //

3. Window levers and wheel rims containing up to 4% lead by weight // X

4. Copper alloy containing up to 4% lead by weight //

Lead as a metal in components //

5. Batteries // X

6. Coating inside petrol tanks // X

7. Vibration dampers // X

8. Vulcanising agent for high pressure or fuel hoses //

9. Stabiliser in protective paints //

10. Solder in electronic circuit boards and other applications //

Hexavalent chromium //

11. Corrosion preventative coating on numerous key vehicle components (maximum 2 g per vehicle) //

Mercury //

12. Bulbs // X