Directive 2008/33/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2000/53/EC on end-of-life vehicles, as regards the implementing powers conferred on the Commission
Date: 2008-03-11
Institutions: Council of the European Union, European Parliament
Subjects: European Commission, European standard, environmental protection, powers of the institutions (EU), vehicle, waste, waste management, waste recycling

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DIRECTIVE 2008/33/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 March 2008

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(3)

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

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure
Article 251 of the Treaty (2),

laid down in

(4)

(5)

Whereas:

and

the Council

In accordance with the statement by the European
the Commission (5)
Parliament,
for the regulatory
concerning Decision 2006/512/EC,
procedure with scrutiny to be applicable to instruments
adopted in accordance with the procedure referred to in
Article 251 of the Treaty which are already in force,
those instruments must be adjusted in accordance with
the applicable procedures.

The Commission should be empowered to amend the
annexes and 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, inter alia, by supplementing it
with new non-essential elements, they must be adopted
regulatory procedure with
in accordance with the
scrutiny provided for
in Article 5a of Decision
1999/468/EC.

Since the Commission has laid down the implementing
rules
referred to in Article 5(5), Article 7(2) and
Article 8(2) of Directive 2000/53/EC by means
of Decisions 2002/151/EC (6), 2005/293/EC (7)
and
2003/138/EC (8), it is appropriate to delete the references
to the deadlines of 21 October 2001, 21 October 2002
and 21 October 2001 respectively.

(1)

(2)

Directive 2000/53/EC of the European Parliament and of
the Council (3) provides that certain measures are to be
Council Decision
adopted
1999/468/EC of 28 June 1999 laying down the
procedures for
implementing powers
the exercise of
conferred on the Commission (4).

accordance with

in

the

introduced

Decision 1999/468/EC has been amended by Decision
2006/512/EC, which
regulatory
procedure with scrutiny for the adoption of measures
of general scope and designed to amend non-essential
elements of a basic instrument adopted in accordance
with the procedure referred to in Article 251 of the
Treaty, inter alia, by deleting some of those elements or
by supplementing the instrument with new non-essential
elements.

(1) OJ C 161, 13.7.2007, p. 45.
(2) Opinion of

the European Parliament of 11 July 2007 (not yet
published in the Official Journal) and Council Decision of 3 March
2008.

(3) OJ L 269, 21.10.2000, p. 34. Directive as last amended by Council

Decision 2005/673/EC (OJ L 254, 30.9.2005, p. 69).

(4) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(6)

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

(7)

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

It

(5) OJ C 255, 21.10.2006, p. 1.
(6) 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 (OJ L 50,
21.2.2002, p. 94).

(7) Commission Decision 2005/293/EC of 1 April 2005 laying down
detailed rules on the monitoring of the reuse/recovery and reuse/
recycling targets
in Directive 2000/53/EC (OJ L 94,
13.4.2005, p. 30).

set out

(8) Commission Decision 2003/138/EC of 27 February 2003 estab-
for vehicles

lishing component and material coding standards
pursuant to Directive 2000/53/EC (OJ L 53, 28.2.2003, p. 58).

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HAVE ADOPTED THIS DIRECTIVE:

4. the third subparagraph of Article 7(2) shall be replaced by

the following:

Article 1

Amendments

Directive 2000/53/EC is hereby amended as follows:

1. Article 4(2)(b) shall be amended as follows:

(a)

the introductory wording shall be replaced by the
following:

‘Annex II shall be amended on a regular basis, according
to technical and scientific progress, in order to:’;

(b) the following subparagraph shall be added:

‘The measures referred to in points (i) to (iv), 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. Article 5(5) shall be replaced by the following:

‘Detailed rules necessary to control compliance of Member
States with the targets set out in the first subparagraph shall
be established. When proposing such rules, the Commission
inter alia, the
shall take into account all relevant factors,
availability of data and the issue of exports and imports of
end-of-life vehicles. Those detailed rules, designed to amend
non-essential elements of this Directive by supplementing it,
shall be adopted in accordance with the regulatory procedure
with scrutiny referred to in Article 11(3).’;

5. Article 8(2) shall be replaced by the following:

such

proposing

‘2.
The standards referred to in paragraph 1 shall be
the
established. When
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 supple-
menting it, shall be adopted in accordance with the regu-
latory procedure with scrutiny referred to in Article 11(3).’;

standards,

6. the following subparagraph shall be added to Article 9(1):

‘The formats relating to the database system shall be adopted
in accordance with the regulatory procedure referred to in
Article 11(2).’;

‘5. Member States shall take the necessary measures to
ensure that their competent authorities mutually recognise
and accept
the certificates of destruction issued in other
Member States in accordance with paragraph 3.

7. Article 11 shall be replaced by the following:

To this end, minimum requirements for the certificate of
destruction shall be established. That measure, designed to
amend non-essential elements of this Directive by supple-
menting it, shall be adopted in accordance with the regu-
latory procedure with scrutiny referred to in Article 11(3).’;

‘Article 11

Committee procedure

The Commission shall be assisted by the committee

1.
established by Article 18 of Directive 75/442/EEC.

3. the following paragraph shall be added to Article 6:

‘6.
Annex I shall be amended 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).’;

2. Where reference is made to this paragraph, 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.

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reference

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

this

to

Article 2

Entry into force

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

Article 3

Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 11 March 2008.

For the European Parliament
The President

H.-G. PÖTTERING

For the Council
The President

J. LENARČIČ