Proposal for a Directive of the European Parliament and of the Council amending Directive 2000/53/CE on end-of life vehicles, as regards the implementing powers conferred to the Commission
Date: 2006-12-22
Institutions: European Commission
Subjects: European Commission, metal waste, powers of the institutions (EU), waste management

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.12.2006 
COM(2006) 922 final 

2006/0287 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

amending 

Directive 2000/53/CE 
 on end-of life vehicles, as regards the implementing powers conferred to the 
Commission 

(presented by the Commission) 

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2006/0287 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

amending 

Directive 2000/53/CE 
 on end-of life vehicles, as regards the implementing powers conferred to the 
Commission 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty4 

Whereas: 

(1) 

(2) 

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Directive  2000/53/EC  of  the  European  parliament  and  of  the  Council5  provides  that 
certain measures are to 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 Commission6. 

Decision 1999/468/EC has been amended by Decision 2006/512/CE, which introduced 
a  regulatory  procedure  with  scrutiny  to  be  used  for  the  adoption  of  implementing 
measures  of  general  scope  which  seek  to  amend  non-essential  elements  of  a  basic 
instrument adopted in accordance with the procedure referred to in Article 251 of the 
Treaty,  including  by  deleting  some  of  those  elements  or  by  supplementing  the 
instrument by the addition of new non-essential elements. 

… 
… 
… 
… 
OJ L 269, 21.10.2000, p. 34-43 
OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 
11). 

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(3) 

(4) 

In accordance with the joint statement of the European Parliament, the Council and the 
Commission7 on Decision 2006/512/EC, instruments which are already in force must 
be  adjusted  in  accordance  with  the  applicable  procedures.  That  statement  indicates  a 
list  of  instruments  that  should  be  adjusted  as  a  matter  of  urgency,  including  the 
Directive 2000/53/EC. 

In  particular  power  should  be  conferred  on  the  Commission  to  amend  Annexes,  to 
establish certain technical requirements and control rules. Since those measures are of 
general  scope  and  are  designed  to  amend  non-essential  elements  of  Directive 
2000/53/EC and to supplement it by the addition of new non- essential elements, they 
should be adopted in accordance with the regulatory procedure with scrutiny provided 
for in Article 5a of Decision 1999/468/EC. 

(5) 

Directive 2000/53/EC should therefore be amended accordingly. 

(6) 

Since  the  amendments  to  be  made  to  Directive  2000/53/EC  by  this  Directive  are 
adjustments of a technical nature which only concern the committee procedures, they 
do not need to be transposed by the Member States. It is therefore not necessary to lay 
down provisions to that effect. 

HAVE ADOPTED THIS DIRECTIVE:  

Article 1 

Directive 2000/53/EC is amended as follows: 

(1) In Article 4(2), point (b) is amended as follows: 

(a) The introductory phrase is replaced by the following: 

"The  Commission  shall  on  a  regular  basis,  according  to  technical  and  scientific 
progress, amend Annex II, in order to:" 

(b)The following second subparagraph is added: 

"Those measures, designed to amend non essential elements of this Directive, shall 
be adopted in accordance with the regulatory procedure with scrutiny referred to in 
Article 11 (3)." 

(2) In Article 5, paragraph 5 is replaced by the following: 

"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  establish,  not  later  than  21  October  2001  the 
minimum requirements for  the  certificate of destruction. That measure, designed to 
amend non essential elements of this Directive by supplementing it, shall be adopted 

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OJ C 255, 21.10.2006, p.1 

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in  accordance  with  the  regulatory  procedure  with  scrutiny  referred  to  in  Article 
11(3)." 

(3) In Article 6, the following paragraph 6 is added: 

"6.  The  Commission  shall  amend  Annex  I  according  to  technical  and  scientific 
progress. That measure, designed to amend non-essential elements of this Directive, 
shall be adopted in accordance with the regulatory procedure with scrutiny referred 
to in Article 11(3)." 

(4) In Article 7 (2) the third subparagraph is replaced by the following: 

Not  later  than  21  October  2001,  the  Commission  shall  establish  the  detailed  rules 
necessary to control compliance of Member States with the targets set out in the first 
subparagraph.  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 detailed rules, designed to amend non essential elements of this 
Directive  by  supplementing  it,  shall  be  adopted  in  accordance  with  the  procedure 
referred to in Article 11(3)." 

(5) In Article 8, paragraph 2 is replaced by the following: 

"Not  later  than  21  October  2001  the  Commission  shall,  establish  the  standards 
referred  to  in  paragraph  1.  In  so  doing,  the  Commission  shall  take  account  of  the 
work going on in this area in the relevant international forums and contribute to this 
work as appropriate. That measure, designed to amend non-essential elements of this 
Directive  by  supplementing  it,  shall  be  adopted  in  accordance  with  the  procedure 
referred to in Article 11(3)." 

(6) In Article 9 (1) the following subparagraph is added: 

"The formats relating to the database system shall be adopted in accordance with the 
regulatory procedure laid down in Article 11(2)". 

(7) Article 11 is replaced by the following: 

"Article 11 

Committee procedure 

1. The Commission shall be assisted by the committee established by Article 18 of 
Directive 75/442/EEC, hereinafter referred to as "the Committee". 

2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC 
shall apply, having regard to the provisions of Article 8 thereof. 

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three 
months. 

3.  Where  reference  is  made  to  this  paragraph,  Article  5a(1)  to  (4)  and  (5)(b),  and 
Article  7  of  Decision  1999/468/EC  shall  apply,  having  regard  to  the  provisions  of 
Article 8 thereof. 

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This  Directive  shall  enter  into  force  on  the  [..]  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 2 

Article 3 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President   

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