Common Position (EC) No 39/1999 of 29 July 1999 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council on end-of-life vehicles
Date: 1999-07-29
Institutions: Council of the European Union
Subjects: storage of waste, technical standard, vehicle, waste, waste management, waste recycling

4.11.1999

EN

Official Journal of the European Communities

C 317/19

COMMON POSITION (EC) No 39/1999

adopted by the Council on 29 July 1999

with a view to adopting Directive 1999/(cid:133)/EC of the European Parliament and of the Council

of (cid:133) on end-of-life vehicles

(1999/C 317/03)

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),

Having regard to the Opinion of the Economic and Social
Committee (2),

Having regard to the Opinion of the Committee of Regions (3),

Acting in accordance with the procedure referred to in Article
251 of the Treaty (4),

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 environment and
energy conservation, and, second, to ensure the smooth
operation of the internal market and avoid distortions of
competition in the Community.

the quality of

coherence between national

(2) A Community-wide framework is necessary in order to
ensure
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 reuse, recycling
and recovery,
the principle of
subsidiarity and the polluter-pays principle.

taking into account

approaches

(3) Every

year

end-of-life

in the Community
generate between 8 and 9 million tonnes of waste, which
must be managed correctly.

vehicles

(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
reused and recovered, and that preference be given to
reuse 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
the normal
functioning of market forces should not be hindered.

these measures;

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

including their

components

(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
trailers (6), and Council Directive
vehicles and their
75/442/EEC of 15 July 1975 on waste (7).

(1) OJ C 337, 7.11.1997, p. 3, and
OJ C 156, 3.6.1999, p. 5.
(2) OJ C 129, 27.4.1998, p. 44.
(3) Opinion delivered on (cid:133) (not yet published in the Official Journal).
(4) Opinion of the European Parliament of 11 February 1999 (OJ
C 150, 28.5.1999, p. 420), Council Common Position of 29 July
1999 and Decision of the European Parliament of (cid:133) (not yet
published in the Official Journal).

(5) OJ 196, 16.8.1967, p. 1. Directive as last amended by Directive
1999/33/EC of the European Parliament and of the Council (OJ
L 199, 30.7.1999, p. 57).

(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).

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Official Journal of the European Communities

4.11.1999

(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,
chromium
should be prohibited; these heavy metals should only be
used in certain applications according to a list which will
be regularly reviewed.

cadmium and hexavalent

(11) The recycling of all plastics from end-of-life vehicles
should be continuously improved. 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, reuse and recycling of
should be

end-of-life vehicles and their components
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
appropriate
collection systems should be set up.

environment,

endangering

the

(15) A certificate of destruction, to be used as a condition for
should be
the deregistration of end-of-life vehicles,
introduced. Member States without
a deregistration
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
to prevent negative
in order
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
the
and
operators,

authorities,

consumers

public

necessary perspective for
term, quantified
targets for reuse, recycling and recovery to be achieved
by economic operators should be set.

the longer

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

the Commission will promote

end

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

regards

access

small

of

as

(22)

In order to facilitate the dismantling and recycling of
end-of-life vehicles, vehicle manufacturers should provide
treatment facilities with dismantling manuals.

and material

(23) Vehicle manufacturers and material producers should use
component
to be
established by the Commission assisted by the relevant
committee.
these standards the
the
Commission will
work going on in this area in the relevant international
fora.

take account, as appropriate, of

In the preparation of

standards,

coding

(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
end
information should be made available by the relevant
economic operators.

and attitudes. To this

their behaviour

(26) Member States may

certain
choose
provisions by means of agreements with the economic
sector concerned, provided that certain conditions are
met.

to implement

(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
implementation
measures necessary to control compliance with the
quantified targets should be effected by the Commission
under a Committee procedure,

the database

and the

for

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HAVE ADOPTED THIS DIRECTIVE:

8.

(cid:145)recovery(cid:146) means
provided for in Annex II B to Directive 75/442/EEC;

applicable operations

any of

the

Article 1

Objectives

9.

(cid:145)disposal(cid:146) means any of the applicable operations provided
for in Annex II A to Directive 75/442/EEC;

the prevention of waste from vehicles and,

This directive lays down measures which aim, as a first
in
priority, at
addition, at 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
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.

the improvement

10.

operators(cid:146) means producers,
insurance

distributors,
(cid:145)economic
companies,
collectors, motor
dismantlers,
recyclers and other
treatment operators of end-of-life vehicles, including their
components and materials;

recoverers,

shredders,

vehicle

11.

(cid:145)hazardous
considered to be dangerous under Directive 67/548/EEC;

substance(cid:146) means any substance which is

12.

Article 2

Definitions

(cid:145)shredder(cid:146) means any device used for tearing into pieces
or
the
purpose of obtaining directly reusable metal scrap.

fragmenting end-of-life vehicles,

including for

For the purposes of this directive:

1.

(cid:145)vehicle(cid:146) 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.

(cid:145)end-of-life vehicle(cid:146) means a vehicle which is waste within
the meaning of Article 1(a) of Directive 75/442/EEC;

(cid:145)producer(cid:146) means
professional importer of a vehicle into a Member State;

vehicle manufacturer or

the

the

Article 3

Scope

1. This directive shall cover vehicles and end-of-life vehicles,
including their components and materials.

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

legislation,

(cid:145)prevention(cid:146) means measures aiming at the reduction of
the quantity and the harmfulness for the environment of
end-of-life vehicles, their materials and substances;

3. 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.

(cid:145)treatment(cid:146) means any activity after the end-of-life vehicle
has been handed over
to a facility for depollution,
dismantling, shearing, shredding, recovery or preparation
the shredder wastes, and any other
for disposal of
operation carried out for the recovery and/or disposal of
the end-of-life vehicle and its components;

(cid:145)reuse(cid:146) means any operation by which components of
end-of-life vehicles are used for the same purpose for
which they were conceived;

(cid:145)recycling(cid:146) 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;

For three-wheel motor vehicles only Articles 5(1), 5(2) and

4.
6 of this directive shall apply.

Article 4

Prevention

In order to promote the prevention of waste Member

1.
States shall encourage, in particular:

(a) vehicle manufacturers,

and
equipment manufacturers, to limit the use of hazardous

in liaison with material

3.

4.

5.

6.

7.

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4.11.1999

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;

Article 5

Collection

(b) the design and production of new vehicles which 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 liaison with material

and
an increasing
and other
in order to develop the markets for recycled

recycled material

to integrate

in vehicles

equipment manufacturers,
quantity of
products,
materials.

2.

(a) Member

shall

States

and
ensure
components of vehicles put on the market after (cid:133) (*)
do not contain lead, mercury, cadmium and hexavalent
chromium other than in cases listed in Annex II under
the conditions specified therein;

that materials

(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
in specific
referred to in subparagraph (a)
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
is

these substances

the use of

if

Annex II
avoidable;

1. Member States
ensure:

shall

take the necessary measures

to

(cid:151) that economic operators set up systems for the collection

of all end-of-life vehicles,

(cid:151) 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. Treatment facilities
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 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.

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

them to claim any

entitle

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
authority when the
notified to 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
inform the
Commission of the reasons thereof.

this subparagraph shall

competent

relevant

(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 (cid:133) (**). In any case none of the
exemptions listed therein shall be deleted from the
annex before 1 January 2003.

(*) 18 months after the date of entry into force of this directive.
(**) 12 months after the date of entry into force of this directive.

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.

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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.

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.

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 (cid:133) (*) the minimum requirements
for the certificate of destruction.

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.

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,

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

following obligations

at

(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.
labelled or otherwise made
Components or materials
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 reuse 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.

States may

5. Member
undertakings which carry out
introduce certified environmental management systems.

establishments
treatment operations

encourage

or
to

Article 7

Reuse and recovery

shall

take the necessary measures

to
1. Member States
encourage the reuse of components which are suitable for
reuse, the recovery of components which cannot be reused
recycling when
and
preference
the
safety
to
viable, without
environmentally
requirements.

to
prejudice

giving

of

(*) 12 months after the date of entry into force of this directive.

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

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

Article 8

Coding standards/dismantling manuals

For vehicles produced before 1 January 1980, Member
States may lay down lower targets, but not lower than
75 % for reuse and recovery and not lower than 70 % for
reuse 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 reuse and recovery shall be increased to a minimum of
95 % by an average weight per vehicle and year. Within
the same time limit,
the reuse 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 (cid:133) (*).

3. On the basis of a proposal
from the Commission, the
European parliament and the Council shall establish targets for
reuse and recovery and for reuse and recycling for the years
beyond 2015.

In order

to prepare

an amendment

4.
to Directive
70/156/EEC, the Commission shall promote the preparation of
European standards relating to the ability to be dismantled,
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
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 reusable and/or
recyclable to a minimum of 85 % by weight per vehicle and
are reusable and/or recoverable to a minimum of 95 % per
weight per vehicle.

from the Commission,

shall

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 reuse and recovery.

2. Not later than (cid:133) (**) 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.

3. Member States shall take the necessary measures to ensure
that producers provide dismantling manuals for each type of
new vehicle put on the market within six months after the
vehicle is put on the market. These manuals shall identify, as
far as it is needed by treatment facilities in order to comply
with the provisions of
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.

this directive,

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 (1)
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.

The
first
from (cid:133) (***).

report

shall cover

the period of

three years

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

(*) 24 months after the date of entry into force of this directive.

(**) 12 months after the date of entry into force of this directive.
(***) 18 months after the date of entry into force of this directive.
(1) OJ L 377, 31.12.1991, p. 48.

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

(a) agreements shall be enforceable;

(cid:151) the design of vehicles and their components with a view to

their recoverability and recyclability,

(cid:151) the

environmentally

vehicles,
dismantling,

in particular

sound
of
the removal of all

treatment

end-of-life
fluids and

(cid:151) the development and optimisation of ways to reuse, recycle
and recover end-of-life vehicles and their components,

(cid:151) 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.
included in
promotional literature used in marketing of the new vehicle.

shall be

It

(b) agreements

to
corresponding deadlines;

need

specify

objectives with

the

(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

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;

an agreement

(e)

(f)

competent

the
examine the progress reached under the agreement;

shall make provisions

authorities

to

in case of non-compliance with the agreement Member
this
States must
directive
administrative
by
measures.

the relevant provisions of

regulatory or

implement

legislative,

Article 10

Implementation

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
directive by (cid:133) (*). They shall
inform the
Commission thereof.

immediately

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.

Article 11

Committee procedure

The Commission, assisted by the committee established by
Article 18 of Directive 75/442/EEC, and according to the
procedure laid down therein, 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
subparagraph.

referred to in Article 7(2),

third

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
and the
agreements between the
economic sectors concerned. Such agreements shall meet the
following requirements:

competent

authorities

Article 12

Entry into force

(*) 18 months after the date of entry into force of this directive.

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

its

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2. Article 5(4) shall apply

(cid:151) as from 1 January 2001 for vehicles put on the market as

from this date;

Article 13

Addressees

This directive is addressed to the Member States.

(cid:151) as from 1 January 2006 for vehicles put on the market

before the date referred to in the first indent.

Done at (cid:133)

In Annex II, point 11, a maximum value of 5 g per

3.
vehicle may apply until (cid:133) (*).

For the European Parliament

The President

For the Council

The President

(*) 30 months after the date of entry into force of this directive.

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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:

(cid:151) impermeable surfaces for appropriate areas with the provision of spillage collection facilities, decanters and

cleanser-degreasers,

(cid:151) equipment for the treatment of water,

including rainwater,

in compliance with health and environmental

regulations.

2.

Sites for treatment:

(cid:151) impermeable surfaces for appropriate areas with the provision of spillage collection facilities, decanters and

cleanser-degreasers,

(cid:151) appropriate storage for dismantled spare parts, including impermeable storage for oil-contaminated spare parts,

(cid:151) appropriate containers for storage of batteries (with electrolyte neutralisation on site or elsewhere), filters and

PCB/PCT-containing condensers,

(cid:151) 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,

(cid:151) equipment for the treatment of water,

including rainwater,

in compliance with health and environmental

regulations,

(cid:151) appropriate storage for used tyres, including the prevention of fire hazards and excessive stockpiling.

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

(cid:151) removal of batteries and liquified gas tanks,

(cid:151) removal or neutralisation of potential explosive components (e.g. air bags),

(cid:151) 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 reuse of the parts concerned.

4. Treatment operations in order to promote recycling:

(cid:151) removal of catalysts,

(cid:151) removal of metal components containing copper, aluminium and magnesium if these metals are not segregated

in the shredding process,

(cid:151) removal of tyres and large plastic components (bumpers, dashboard, fluid containers, etc.),

(cid:151) removal of glass.

5.

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

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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

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

Lead as a metal in components

5. Batteries

6. Coating inside petrol tanks

7. Vibration dampers

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)

12. Bulbs

Mercury

x

x

x

x

x

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

1. The Commission forwarded to Council on 25 September 1997 a proposal for a Council directive

on end-of-life vehicles, based on Article 130(s)(1) of the Treaty.

2. The European Parliament and the Economic and Social Committee delivered their opinions on 11
February 1999 and 25 February 1998 respectively. The Committee of the Regions (consulted by
Council on 28 May 1999) decided not to give an opinion.

3. The Commission, on 30 April 1999, forwarded its amended proposal to Council. After the entry
into force of the Amsterdam Treaty, the European Parliament confirmed its opinion on 6 May
1999.

4. The Council adopted its common position on 29 July 1999 in accordance with Article 251(2) of

the Treaty.

II. OBJECTIVE

The future directive aims at the prevention of waste of vehicles and at 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 the improvement of environmental performance of all 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 contains measures aimed at minimising the use of hazardous substances in
vehicles, collecting and treating end-of-life vehicles in an environmentally sound manner, taking back
end-of-life vehicles at no cost to the last holder or owner where vehicles have no value or negative
market value.

III. ANALYSIS OF THE COMMON POSITION

General

The Council made more precise the requirements for the use of hazardous substances, adapted the
scheme for free take-back in order to achieve a more practicable solution and provided for the
possibility of voluntary agreements as a way to transpose several provisions.

Articles

(the reference text is the common position and the Parliament’s amendments)

Article 1

the European Parliament’s reference
The Council did not consider as an appropriate concept
(amendment 13 of
to diffuse emission of pollutants from end-of-life
vehicles, but emphasised the improvement in the environmental performance of all the economic
operators and not only of the treatment operators.

the European Parliament)

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Article 2

The Council excluded in paragraph 1 in the definition of (cid:145)vehicle(cid:146), and therefore from the scope of
this directive, two-wheeled motor vehicles for economic and technical reasons.

The Council did not provide for the exclusion of (cid:145)historic vehicles(cid:146) (see Article 3) (amendments 14 and
17 of the European Parliament) and therefore did not retain a definition of (cid:145)historic vehicles(cid:146). The
Council believed that an exemption for historic vehicles was unnecessary, as the directive only deals
with vehicles once they have become waste.

As for the definition of (cid:145)recycling(cid:146) in paragraph 7 (amendment 15 of the European Parliament), the
Council preferred retaining the Commission’s approach followed in Directive 94/62/EC on packaging,
as also requested by the European Parliament, but the Council deleted the reference to organic
recycling (which is irrelevant in the context of vehicles).

(amendment 16 of the European Parliament), the
As regards the term (cid:145)dismantling information(cid:146)
Council felt that a definition of such a term was unnecessary because it is not used in the subsequent
Articles and Annexes. Article 8(3), which the Council clarified further, is considered as sufficient with
regard to the information to be provided by producers in dismantling manuals.

Article 3

Regarding the components and materials of vehicles in paragraph 1 (amendments 17 and 18 of the
European Parliament),
the reference to service and repair and to
components other than those delivered by the producer was unnecessary.

the Council considered that

Furthermore, as already mentioned above,
(cid:145)historic vehicles(cid:146) from the scope of the Directive.

it considered that there was no justification to exclude

As regards three-wheeled motor vehicles, the Council agreed, for reasons of practicability, to apply
only Articles 5.1, 5.2 and 6 to them.

Article 4

Paragraph 2

The Council
Commission, and went, in some respect, even further than requested by the Parliament:

retained a more detailed and practicable solution to the text proposed by the

(cid:151) materials and components of vehicles put on the market 18 months after the entry into force of
the directive (and not as from January 2005) shall not contain the hazardous substances in
question; a reference to shredding and landfill has therefore not been retained,

(cid:151) the new Annex II gives limit values for temporary exemptions (which correspond broadly to what

the Parliament requests),

(cid:151) these exemptions have to be checked on a regular basis; the first check will take place earlier than
the Parliament wishes; i.e. no later than one (instead of two years) after the entry into force of the
directive,

(cid:151) however, for hexavalent chromium a higher value may, because of technical reasons, apply until

30 months after the entry into force of the directive.

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Article 5

Paragraph 1

The Council did not, for reasons of practicability and for economic reasons, include used parts in the
requirement to collect end-of-life vehicles.

Paragraph 2

The Council dropped the date of 1 January 2000 as the transfer of end-of-life vehicles can only be
implemented as from the implementation of the directive, i.e. 18 months after the publication of the
directive (Article 11(1)).

It did not refer to the producers, as the European Parliament would have wished (amendment 23 of
the European Parliament), because paragraph 1 clearly provides for the setting up of collection
systems by economic operators.

Paragraph 3

As regards the issuing of certificates of destruction by instances other than the treatment facility, the
Council agreed on a text which it feels provides for more clarity and practicability.

The reference to temporary deregistration was dropped here.

The Council felt that the issue of possible claims for financial reimbursement and the case of Member
States not having a deregistration system at the time of adoption of the directive needed a specific
provision, i.e. the last two paragraphs.

Paragraph 4

The Council agreed on a more differentiated solution, according to which:

(cid:151) the delivery of the vehicle to an authorised facility occurs without any cost for the last holder

and/or owner as a result of the vehicle having no value or a negative market value,

(cid:151) the producer shall meet all or a significant part of the cost,

(cid:151) the delivery is not

fully free of charge if

the end-of-life vehicle does not contain essential

components,

(cid:151) the free take-back is scheduled as stipulated in Article 12 (as from 2001 for new vehicles, as from
2006 for vehicles already on the market). The Council agreed on this solution after a very difficult
discussion, taking account of the specific problems voiced during the final negotiations.

Article 6

Paragraph 2 (Amendment 28)

The Council agreed on a more differentiated solution which refers to permits and registration and
which resolves the issue of derogations by reference to inspection by competent authorities.

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Paragraph 3 (Amendments 29, 30 and 31)

The Council agreed on minimum obligations for treatment operators in particular by adding in Annex
I conditions for treatment operators and conditions for the promotion of recycling, following largely
the European Parliament’s requests.

Article 7

Paragraph 1 (Amendments 32, 33)

The Council did not retain a specific reference to exhaust gases and noise, nor the explicit reference to
information on storage and testing of components.
It considered that the latter information was
covered in Article 8(4) on dismantling manuals.

The issue of the reuse of components (on condition that they do not give rise to any hazards) was not
addressed by Council.

Paragraph 2 (Amendment 34)

The Council agreed on the targets proposed by the Commission and supported by the European
Parliament, but preferred the deadlines proposed by the Commission to those advocated by the
European Parliament.

It included a provision on the re-examination of these targets in 2005 at the latest in order to take
account of the development of material composition of vehicles and any other relevant environmental
aspects related to vehicles by that time.

Furthermore, it strengthened the text by adding a provision on the control of compliance by Member
States with the targets.

Paragraph 4 (Amendment 36)

The Council preferred distinguishing more clearly between the preparation of the amendment of
Directive 70/156/EEC on type-approval and by the development of European standards. In order to
it introduced the deadline of 2001 for the amendment of the above
avoid delays in this respect,
directive.

Article 8 (Amendment 37)

The Council agreed to a large extent on the Commission proposal and kept
dismantling manuals (instead of dismantling information).

the concept of

Article 9 (Amendments 39, 40)

The Council adapted the text to the usual information and reporting requirements of Member States
and enlarged the information requirements for economic operators.

Article 10 (Amendment 41)

Paragraph 1

The Council preferred, as usual, to set a deadline (18 months) from the publication of the directive in
the Official Journal instead of a fixed date.

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Paragraph 2 (Amendment 42)

One of the major changes of the Commission proposal has been made here: the Council considered,
taking account of positive national experiences, that Member States should be allowed to transpose
several provisions of the directive by voluntary agreements.

It made this possibility dependent on several requirements and on the clear condition that the results
required by the directive are achieved.

Article 12

For the deadline 2001/2006 see comments on Article 5(4).

For the deadlines of hexavalent chromium see comments on Article 4(2).

New Annex I

See comments on Article 6.

New Annex II

See comments on Article 4(2).

The Council adopted the preamble to the agreed text of
interinstitutional agreements on the quality of the drafting of Community legislation (point 10).

the Articles,

taking into account

the