WRITTEN QUESTION E-1614/02

by Chris Davies (ELDR) to the Commission

(5 June 2002)

Subject: End-of-Life Vehicles Directive 2000/53/EC

1. What obligations were Member States required by the End-of-Life Vehicles Directive 2000/53/EC(1) to meet by the end of April 2002?

2. Which Member States had failed to inform the Commission by the end of April 2002 that the terms of the End-of-Life Vehicles Directive had been transposed into national legislation, and which have still failed to indicate that they are conforming with the Directive's requirements?

3. What steps has the Commission now taken to ensure that Member States comply with the terms of the Directive?

4. In the light of this experience, does the Commission intend to put forward proposals for reform of the legislative process and/or of enforcement procedures?

(1) OJ L 269, 21.10.2000, p. 34.

Answer given by Mrs Wallström on behalf of the Commission

(18 July 2002)

1. The main objectives of Directive 2000/53/EC(1) on end-of life vehicles are to reduce the final disposal of waste and to minimise the negative impact of end-of life vehicles on the environment. To this end, it lays down obligations for the Member States in order to attain the objectives.

By April 2002, the Member States were required to:

- adopt national measures stipulating that vehicle, material and equipment manufacturers must (i) endeavour to reduce the use of hazardous substances; (ii) design and produce vehicles which facilitate their dismantling, re-use, recovery and recycling; (iii) increase the use of recycled materials;

- set up collection systems for end-of-life vehicles and for waste used parts and ensure that adequate collection facilities are available on their territory;

- ensure that all vehicles are transferred to authorised treatment facilities;

- set up a system of deregistration upon presentation of a certificate of destruction(2), which should be mutually recognised by competent authorities if they comply with Commission Decision 2002/151/EC(3);

- ensure that the storage and treatment operations of end-of-life vehicles are subject to strict control, in accordance with the requirements of Directive 75/442/EEC(4) and those of Annex I to the Directive. Unless a derogation is granted, establishments or undertakings carrying out treatment operations must obtain a permit from or be registered with the competent authorities;

- encourage the introduction of certified environmental management systems;

- encourage reuse and recovery of components, giving the preference to recycling;

- oblige vehicle manufacturers to use material coding standards and provide for relevant dismantling information, which in particular allows identification of those components and materials which are suitable for reuse and recovery during dismantling.

Other obligations of the Directive apply after April 2002. For example, Member States must ensure compliance with the minimum reuse, recovery and recycling targets set out by the Directive by 1 January 2006.

2. Under Article 10 of the Directive, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 21 April 2002 and shall immediately inform the Commission thereof. By the end of April 2002, all Member States had failed to communicate to the Commission the measures taken to transpose this Directive into national law.

3. In case of non-communication by the Member States of the laws, regulations and administrative provisions brought in force in order to comply with Community Directives within the time limits set out for transposition, the Commission initiates infringement proceedings against the concerned Member States, based on Article 226 of the EC Treaty. The same proceedings are followed in cases where the measures adopted by the Member States are not in conformity with the provisions of the relevant Directives as well as in cases where Member States fail to properly apply the provisions of the relevant Directives in practice. The Commission has sent letters of formal notice for non-communication to all Member States.

4. The Commission does not envisage any reform of the legislative process or enforcement procedure.

(1) Directive 2000/53/EC of the Parliament and of the Council of 18 September 2000 on end-of life vehicles.

(2) Member States which do not have established a deregistration system by 21 April 2002, should set up a system according to which a certificate of destruction is notified to the relevant competent authority and inform the Commission thereof.

(3) Commission decision 2002/151/EC of 19 February 2002 on minimum requirements for the certificate of destruction issued in accordance with Article 5 (3) of Directive 2000/53/EC of the Parliament and the Council on end-of life vehicles, OJ L 50, 21.2.2002.

(4) Council Directive 75/442/EEC of 15 July 1975 on waste, OJ L 194, 25.7.1975.