Commission Directive 2009/1/EC of 7 January 2009 amending, for the purposes of its adaptation to technical progress, Directive 2005/64/EC of the European Parliament and of the Council on the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability (Text with EEA relevance)
Date: 2009-01-07
Institutions: European Commission
Subjects: EU environmental policy, environmental standard, metal waste, vehicle, waste recycling

14.1.2009

EN

Official Journal of the European Union

L 9/31

COMMISSION DIRECTIVE 2009/1/EC

of 7 January 2009

amending, for the purposes of its adaptation to technical progress, Directive 2005/64/EC of the
European Parliament and of the Council on the type-approval of motor vehicles with regard to their
reusability, recyclability and recoverability

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

The measures provided for
in this Directive are in
accordance with the opinion of the Committee on the
Adaptation to Technical Progress — Motor Vehicles,

Having regard to the Treaty
Community,

establishing the European

HAS ADOPTED THIS DIRECTIVE:

Having regard to Directive 2005/64/EC of
the European
Parliament and of the Council of 26 October 2005 on the
type-approval of motor vehicles with regard to their reusability,
recyclability and recoverability and amending Council Directive
70/156/EEC (1), and in particular the second subparagraph of
Article 6(2) thereof,

Article 1

Annex IV to Directive 2005/64/EC is amended by inserting a
new paragraph 4 as follows:

Whereas:

‘4.1.

For the purposes of preliminary assessment under
Article 6 of Directive 2005/64/EC, the vehicle manu­
facturer shall be required to demonstrate that, through
contractual
suppliers,
compliance with Article
of Directive
2000/53/EC is ensured.

arrangements with

4(2)(a)

his

(1)

(2)

(3)

Directive 2005/64/EC is one of the separate Directives in
the context of the EC type-approval procedure estab­
lished
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 (2).

Council Directive

70/156/EEC

under

It is necessary to establish the detailed rules enabling to
verify, in the framework of the preliminary assessment of
the manufacturer referred to in Article 6 of Directive
the
2005/64/EC, whether
construction of
comply with the
provisions of Article 4(2)(a) of Directive 2000/53/EC of
the European Parliament
the Council of
18 September 2000 on end-of life vehicles (3).

the materials used for

and of

vehicle

type

a

In particular, it is appropriate to ensure that competent
authorities are able to verify for the purpose of reusa­
bility, recyclability and recoverability the existence of
contractual arrangements between the vehicle manu­
facturer concerned and his
the
contained in such
requirements
arrangements are properly communicated.

suppliers and that

this purpose

for

(1) OJ L 310, 25.11.2005, p. 10.
(2) OJ L 42, 23.2.1970, p. 1.
(3) OJ L 269, 21.10.2000, p. 34.

4.2.

For the purposes of preliminary assessment under
Article 6 of Directive 2005/64/EC, the vehicle manu­
facturer shall be required to establish procedures for
the following purposes:

(a)

to communicate the applicable requirements to his
staff and to all of his suppliers;

(b) to monitor and ensure that

suppliers act

in

accordance with those requirements;

(c)

to collect the relevant data through the full supply
chain;

(d) to check and verify the information received from

suppliers;

(e)

to react adequately where the data received from
the suppliers indicate non-compliance with the
requirements under Article 4(2)(a) of Directive
2000/53/EC.

L 9/32

EN

Official Journal of the European Union

14.1.2009

4.3.

For the purposes of paragraph 4.1 and 4.2, the vehicle
manufacturer shall be required to use,
in agreement
with the competent body, ISO 9000/14000 or other
standardised quality assurance programme.’

Article 2

With effect from 1 January 2012, if the requirements laid down
in Directive 2005/64/EC as amended by this Directive are not
complied with, Member States, on grounds related to the reusa­
bility, recyclability and recoverability of motor vehicles, shall
refuse to grant EC type-approval or national type-approval for
new types of vehicles.

Article 3

1. Member States shall adopt and publish, by 3 February
2010, at the latest, the laws, regulations and administrative
provisions necessary to comply with this Directive. They shall
forthwith communicate to the Commission the text of those
provisions.

They shall apply those provisions from 4 February 2010.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a

reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.

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

Article 4

This Directive shall enter into force on the 20th day following
the European
that of
Union.

its publication in the Official

Journal of

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 7 January 2009.

For the Commission

Günter VERHEUGEN
Vice-President