S.I. No. 282/2006 - Waste Management (End-Of-Life Vehicles) Regulations 2006

1. Name, address, signature and waste permit number, or as appropriate, waste licence number, of the establishment or undertaking issuing the certificate.

2. Name and address of competent authority responsible for the permit, or as appropriate, licence, (in accordance with Article 6(2) of Directive 2000/53/EC) for the establishment or undertaking issuing the certificate of destruction.

3. Where the certificate of destruction is issued by a producer, dealer or collector on behalf of an authorised treatment facility, the name and address and waste permit number, or as appropriate, waste licence number, of the establishment or undertaking issuing the certificate.

4. Date of issue of the certificate of destruction.

5. Vehicle nationality mark and registration number (attach the registration document or a statement by the establishment or undertaking issuing the certificate that the registration document has been destroyed).

6. Class of vehicle, brand and model.

7. Vehicle identification number (chassis).

8. Name, address, nationality and signature of the registered owner of the vehicle delivered.

FOURTH SCHEDULE

MATERIALS AND COMPONENTS EXEMPT FROM ARTICLE 28

Materials and Components

Scope and expiry date of the exemption

To be labelled or made identifiable in accordance with article 30

Lead as an alloying element

1.

Steel for machining purposes and galvanised steel containing up to 0.35% by weight

2(a).

Aluminium for machining purposes with a lead content up to 1.5% by weight

1 July 2008

2(b).

Aluminium for machining purposes with a lead content up to 0.4% by weight

3.

Copper alloy containing up to 4% lead by weight

4.

Bearing shells and bushes

1 July 2008

Lead and lead compounds in components

5.

Batteries

X

6.

Vibration dampers

X

7(a)

Vulcanising agents and stabilisers for elastomers in fluid handling and powertrain applications containing up to 0.5% lead by weight

1 July 2006

7(b).

Bonding agents for elastomers in powertrain applications containing up to 0.5% lead by weight

8.

Solder in electronic circuit boards and other electric applications

X

14

9.

Copper in friction materials of brake linings containing more than 0.4% lead by weight

1 July 2007

X

10.

Valve seats

Engine types developed before 1 July 2003: 1 July 2007

11.

Electrical components which contain lead in a glass or ceramic matrix compound except glass in bulbs and glaze of spark plugs

X

15

(for components other than piezo in engines)

12.

Pyrotechnic initiators Materials and Components

Vehicles type-approved before 1 July 2006 and replacement initiators for these vehicles Scope and expiry date of the exemption

To be labelled or made identifiable in accordance with article 30

Hexavalent chromium

13(a).

Corrosion preventive coatings

1 July 2007

13(b).

Corrosion preventive coatings related to bolt and nut assemblies for chassis applications

1 July 2008

14.

Absorption refrigerators in motorcaravans

X

Mercury

15.

Discharge lamps and instrument panel displays

X

Cadmium

16.

Thick film pastes

1 July 2006

17.

Batteries for electrical vehicles

After 31 December 2008, the placing on the market of NiCd batteries shall only be allowed as replacement parts for vehicles put on the market before this date

X

18.

Optical components in glass matrixes used for Driver Assistance Systems

1 July 2007

X

Notes

- A maximum concentration value up to 0.1% by weight and per homogeneous material, for lead, hexavalent chromium and mercury and up to 0.01% by weight per homogenous material for cadmium shall be tolerated.

- The reuse of parts of vehicles which were already on the market at the date of expiry of an exemption is allowed without limitation since it is not covered by article 4(2)(a) of Directive 2000/53/EC on end of life vehicles.

FIFTH SCHEDULE

NOMENCLATURE OF COMPONENT AND MATERIAL CODING STANDARDS

For the labelling and identification of vehicle plastic components and materials having a weight of more than 100 grams, the following nomenclature applies -

- ISO 1043-1 Plastics - symbols and abbreviated terms. Part 1: Basic polymers and their special characteristics.

- ISO 1043-2 Plastics - symbols and abbreviated terms. Part 2: Fillers and reinforcing materials.

- ISO 11469 Plastics - Generic identification and marking of plastic components.

For the labelling and identification of vehicle elastomer components and materials having a weight of more than 200 grams, the following nomenclature applies -

- ISO 1629 Rubbers and lattices - Nomenclature. This shall not apply to the labelling of tyres

The symbols “<” or “>” used in ISO standards, can be substituted by brackets.

Given under the Official Seal of

the Minister for the Environment,

Heritage and Local Government

this 31

st

day of May 2006

DICK ROCHE

___________________________

Minister for the Environment,

Heritage and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations are designed to implement the provisions of Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles. They are intended to facilitate the achievement of the -

- 85% reuse/recovery with 80% reuse/recycling by average weight per vehicle and year, on and from the date of commencement of the Regulations, and

- 95% reuse/recovery with 85% reuse/recycling by average weight per vehicle and year, by the 1 of January 2015.

The Regulations place obligations on each producer to establish a national collection system for the collection of specified vehicles, of that producer's brand or for which that producer has responsibility, which that producer anticipates will become end-of-life vehicles in the State and will require appropriate treatment and recovery. Each producer's national collection system will comprise of at least one authorised treatment facility in the functional area of each local authority and must have sufficient capacity to treat the number of end-of-life vehicles, of that producer's brand or for which that producer is responsible, that arise in any given year.

An authorised treatment facility in a producer's national collection system must be reasonably accessible to any person who wishes to deposit an end-of-life vehicle to that facility and where that vehicle is accepted for appropriate treatment and recovery no charge shall be imposed on the registered owner of that vehicle except in cases where the vehicle's essential components are missing or waste has been added to that vehicle. This applies from 1 November 2006 to vehicles placed on the market on or after 1 July. 2002 and to all vehicles from 1 January 2007. Each producer shall be required to register with each local authority and to provide specified information to the local authorities to accompany their registration.

In Part IV of the Regulations, obligations are imposed on producers to ensure that the materials and components of vehicles do not contain lead, mercury, cadmium or hexavalent chromium other than in cases specified in the

Fourth Schedule

and that technical documentation must be made available by the producer to verify compliance with these requirements.

Obligations are imposed on authorised treatment facilities to ensure that such facilities operate under a waste license, or as appropriate, a waste permit and meet the minimum technical requirements for the -

(i) storage (including temporary storage) of end-of-life vehicles prior to their being the subject of appropriate treatment and recovery,

(ii) appropriate treatment and recovery of end-of-life vehicles,

(iii) storage of components containing fluids, recoverable components and spare parts.

An authorised treatment facility shall be required to keep specified records in relation to the appropriate treatment and recovery of end-of-life vehicles and report to a producer if that facility forms a part of a producer's national collection system, or to a local authority, if that facility does not form a part of a producer's national collection system.

From the 1 January 2007, on the deposit of an end of life vehicle at an authorised treatment facility for appropriate treatment and recovery, the owner or operator of that facility shall issue a certificate of destruction to the registered owner, an authorised person of a local authority or a member of An Garda Síochána and all relevant information relating to that certificate of destruction shall be noted on the national vehicle records.

1

O.J. No. L 269, 21.10.2000, page 34; last amended by Council Decision 2005/673/EC (O.J. No. L 254, 30.9.2005, page 69)

2

O.J. No. L 194, 25.7.1975, page 39; amended by Council Directives 91/156/EEC (O.J. No. L 78, 26.3.1991, page 32) and 91/692/EEC (O.J. No. L 377, 31.12.1991, page 48) and by Commission Decision 96/350/EC (O.J. No. L 135, 6.6.1996, page 32)

3

O.J. No. L 196, 16.8.1967, page 1; as amended by European Parliament and Council Directive 98/98/EC (O.J. No. L 355, 30.12.1998, page 1)

4

S.I. No. 213 of 2004

5

O.J. No. L 42, 23.2.1970, page 1; as amended by European Parliament and Council Directive 98/91/EC (O.J. No. L 11, 16.1.1999, page 25)

6

O.J. No. L 124, 9.5.2002, page 1

7

O.J. No. L 225, 10.8.1992, page 72

8

O.J. No. L 94, 13.4.2005, page 30

9

O.J. No. L 50, 21.2.2002, page 94

10

O.J. No. L 254, 30.9.2005, page 69

11

O.J. No. L 152, 15.6.2005, page 19 amending Annex II of the Directive; last amended by Commission Decision 2002/525/EC (O.J. No. L 170, 29.6.2002, page 81)

12

O.J. No. L 53, 28.2.2003, page 58

13

S.I. No. 165 of 1998

.

1

O.J. No. L 194/23, 25 July 1975, and O.J. No. L 42/43, 12 February 1987

2

O.J. No. L 194/39, 25 July 1975, and O.J. No. L 78/32, 26 March 1991.

3

O.J. No. L 20/43, 26 January 1980.

4

O.J. No. L 377/20, 31 December 1991.

5

O.J. No. L 269/34, 21 October 2000.

14

Dismantling if, in correlation with entry 11, an average threshold of 60 grams per vehicle is exceeded. For the application of this clause, electronic devices not installed by the manufacturer on the production line shall not be taken into account.

15

Dismantling if, in correlation with entry 8, an average threshold of 60 grams per vehicle is exceeded. For the application of this clause, electronic devices not installed by the manufacturer on the production line shall not be taken into account.

9. The results of all measures the producer took to ensure that each authorised treatment facility which formed a part of the producer's national collection system in the functional area of the local authority, met the minimum technical requirements in accordance with article 14 and the

Second Schedule

of these Regulations over the period for which the previous registration applied.

10. The results of all measures the producer took to ensure that an end-of-life vehicle, of that producer's brand or for which that producer has responsibility, deposited at an authorised treatment facility which formed a part of the producer's national collection in the functional area of the local authority, was treated in accordance with article 15 and the

Second Schedule

of these Regulations over the period for which the previous registration applied.

11. The number of applications (if any) received for copies of the technical documentation that the producer can make available to demonstrate that the materials and components of specified vehicles, of that producer's brand or for which that producer has responsibility, which that producer has put on the market in the State do not contain lead, mercury, cadmium or hexavalent chromium except in the cases specified in accordance with article 28 and the

Fourth Schedule

of these Regulations over the period for which the previous registration applied.

12. The number of applications (if any) received for copies of the technical documentation that the producer can make available to demonstrate that component and material coding standards are being used to facilitate the identification of those components and materials which are suitable for reuse and recovery in accordance with article 30 and the

Fifth Schedule

of these Regulations, for specified vehicles of that producer's brand or for which that producer has responsibility, which that producer has put on the market in the State over the period for which the previous registration applied.

13. A brief description of the dismantling information that the producer made available for each type of new specified vehicle put on the market in the State and the authorised treatment facilities such information was made available to over the period for which the previous registration applied.

14. The results, prepared in accordance with article 13 of these Regulations and the form specified by the Minister for the purpose of complying with this article, on the reuse/recovery and reuse/recycling targets achieved by authorised treatment facilities which formed a part of the producer's national collection over the period for which the previous registration applied.

PART 5 REQUIRMENTS REGARDING A NOTICE UNDER ARTICLE 9(8)

A notice for the purpose of article 9(8) shall -

(a) be not less in dimension than 40 centimetres in height and 30 centimetres in width or 30 centimetres in height and 40 centimetres in width,

(b) be so printed in black indelible ink with a Times New Roman font size of at least 32 or equivalent and line space of at least 1.5 lines on a white background and affixed on a durable material, so as to be easily visible and legible,

(c) not be obscured or concealed at any time, and

(d) state the following -

“

WASTE MANAGEMENT ACTS 1996 TO 2005

For the purpose of its being the subject of appropriate treatment and recovery, [name of authorised treatment facility] will accept free of charge in accordance with the provisions of Waste Management (End-Of-Life Vehicles) Regulations 2006 any end-of-life vehicle of the [name of producer(s)] brand, subject to the conditions specified hereafter. Patrons should note that a charge may be imposed where the essential components of the end-of-life vehicle (i.e. the vehicle's engine, coachwork transmission, gearbox and catalytic converter) are missing or where waste has been added to that end-of-life vehicle. ”

PART 6 REQUIRMENTS REGARDING A NOTICE UNDER ARTICLE 17(5)

A notice for the purpose of article 17(5) shall state the following -

“

WASTE MANAGEMENT ACTS 1996 TO 2005

[Name of producer]

An end-of-life vehicle of the [name of producer(s)] brand may be deposited free of charge in accordance with the provisions of Waste Management (End-Of-Life Vehicles) Regulations 2006, subject to the conditions specified hereafter, at [name and address of authorised treatment facility] for appropriate treatment and recovery. Patrons should note that a charge may be imposed where the essential components of the end-of-life vehicle (i.e. the vehicle's engine, coachwork transmission, gearbox and catalytic converter) are missing or where waste has been added to that end-of-life vehicle. ”

SECOND SCHEDULE

MINIMUM TECHNICAL REQUIREMENTS FOR APPROPRIATE TREATMENT AND RECOVERY OF END-OF-LIFE VEHICLES IN ACCORDANCE WITH ARTICLES 14 AND 15

15. (1) On and from the 1

st

day of November 2006, where an end-of-life vehicle has been deposited for appropriate treatment and recovery at an authorised treatment facility which forms a part of a producer's national collection system, that producer shall take all reasonable steps as are necessary to ensure that -

(a) the end-of-life vehicle, including components and materials made identifiable in accordance with article 30 and the

Fifth Schedule

of these Regulations, shall be treated in accordance with the minimum technical requirements set out in paragraphs 3 and 4 in the

Second Schedule

of these Regulations, and in particular in the case of the minimum technical requirements for depollution set out in paragraph 3 in the

Second Schedule

of these Regulations at the earliest possible opportunity but in any case no later than 10 days after the date of deposit of the end-of-life vehicle at the authorised treatment facility, in order to reduce any adverse impact on the environment,

(b) hazardous substances and components shall be removed and segregated in a selective way so as not to contaminate any subsequent shredder waste from the end-of-life vehicle, and

(c) treatment operations and storage shall be carried out in accordance with the minimum technical requirements set out in paragraphs 3, 4 and 5 of the

Second Schedule

of these Regulations and in such manner as to ensure the suitability of vehicle components for reuse and recovery, and in particular for recycling.

(2) On and from the 1

st

day of November 2006, where an end-of-life vehicle has been deposited for appropriate treatment and recovery at an authorised treatment facility which does not form a part of a producer's national collection system, the owner or operator of that authorised treatment facility shall take all reasonable steps as are necessary to ensure that -

(a) the end-of-life vehicle, including components and materials made identifiable in accordance with article 30 and the

Fifth Schedule

of these Regulations, shall be treated in accordance with the minimum technical requirements set out in paragraphs 3 and 4 in the

Second Schedule

of these Regulations, and in particular in the case of the minimum technical requirements for depollution set out in paragraph 3 in the

Second Schedule

of these Regulations at the earliest possible opportunity but in any case no later than 10 days after the date of deposit of the end-of-life vehicle at the authorised treatment facility, in order to reduce any adverse impact on the environment,

(b) hazardous substances and components shall be removed and segregated in a selective way so as not to contaminate any subsequent shredder waste from the end-of-life vehicle, and

(c) treatment operations and storage shall be carried out in accordance with the minimum technical requirements set out in paragraphs 3, 4 and 5 of the

Second Schedule

of these Regulations and in such manner as to ensure the suitability of vehicle components for reuse and recovery, and in particular for recycling.

Reuse, Recovery and Recycling Targets

.

16. (1) For the year 2006 and for each year thereafter until the 31

st

day of December 2014, each producer shall be responsible for the achievement of the targets set out hereunder, in respect of end-of-life vehicles, of that producer's brand or for which that producer has responsibility, deposited for appropriate treatment and recovery at authorised treatment facilities which comprise all of that producer's national collection system -

(a) at least 85% reuse and recovery by an average weight per specified vehicle and year, and

(b) at least 80% reuse and recycling by an average weight per specified vehicle and year.

(2) On and from the 1

st

day of January 2015 and for each year thereafter, each producer shall be responsible for the achievement of the targets set out hereunder, in respect of end-of-life vehicles, of that producer's brand or for which that producer has responsibility, deposited for appropriate treatment and recovery at authorised treatment facilities which comprise all of that producer's national collection system -

(a) at least 95% reuse and recovery by an average weight per specified vehicle and year, and

(b) at least 85% reuse and recycling by an average weight per specified vehicle and year.

(3) Without prejudice to sub-articles (1) and (2), for specified vehicles put on the market in the State before the 1

st

day of January 1980, each producer shall be responsible for the achievement of the targets set out hereunder, in respect of end-of-life vehicles, of that producer's brand or for which that producer has responsibility, deposited for appropriate treatment and recovery at authorised treatment facilities which comprise all of that producer's national collection system -

(a) at least 75% reuse and recovery by an average weight per specified vehicle and year, and

(b) at least 70% reuse and recycling by an average weight per specified vehicle and year.

(4) Where an authorised treatment facility accepts end-of-life vehicles for appropriate treatment and recovery -

(a) which it is not obliged to accept under an arrangement or an agreement between the owner or operator of that facility and a producer, or as appropriate,

(b) where an authorised treatment facility does not form a part of a producer's national collection system,

the owner or operator of that authorised treatment facility shall be responsible for the achievement of the appropriate targets for the reuse, recovery and recycling of those end-of-life vehicles as set out in sub-articles (1), (2) and (3).

Information and Promotion

.

17. (1) On a date not later than the 21

st

day of September 2006, it is hereby prescribed that the register maintained by each local authority under section 19 of the Act shall contain entries specifying the following matters -

(a) the date of receipt of an application for registration, or as appropriate, an application for renewal of registration, under article 11(1), or as appropriate, under article 11(8), for each producer involved in the placing of specified vehicles on the market in the State and the decision of the local authority in respect of that application,

(b) the date of issue for a Certificate of Registration, or as appropriate, a Certificate of Renewal of Registration, under article 12(4) for each producer involved in the placing of specified vehicles on the market in the State, and

(c) the date of the giving of a notice under article 34 and the reasons of the local authority in respect of the giving of such a notice.

(2) Information received by a local authority in accordance with article 11 shall be made available at the principal office of that local authority, or an alternative office designated by that local authority, for inspection by any person during office hours.

(3) A copy of a producer's implementation plan, and as appropriate, a producer's report prepared in accordance with the requirements of article 11 and Parts 3 and 4 of the

First Schedule

of these Regulations shall be made available, free of charge, by that producer to any person who so requests.

(4) For the purpose of this article, “made available” includes sending the producer's implementation plan, or as appropriate, the producer's report, by post, fax or, as appropriate, electronic mail to a person who so requests.

(5) During the months of March and September in each calendar year, a producer shall -

(a) publish in one or more newspapers circulating in the functional area of each local authority a notice complying with the requirements of Part 6 of the

First Schedule

of these Regulations, and

(b) provide copies of all notices published, clearly indicating the date and title of the relevant newspaper(s) in which the notice was published, to each local authority within ten days of the date of publication of each such notice.

(6) Each producer shall be required to publish details of that producer's national collection system -

(a) in promotional literature, including catalogues and brochures, associated with the marketing of new specified vehicles of that producer's brand, and

(b) on that producer's website and in other electronic means of communication.

Offences

.

18. (1) A producer who fails to comply with the relevant provisions of articles 9, 10, 11 12, 13, 15, 16 and 17 shall be guilty of an offence.

(2) The owner or operator of an authorised treatment facility who fails to comply with the relevant provisions of articles 13, 14, 15 and 16 shall be guilty of an offence.

PART III

CERTIFICATE OF DESTRUCTION

Issue of the Certificate of Destruction

.

19. (1) Subject to the provisions of articles 24(1), 24(2), 24(3) and 24(4) and articles 25(1) and 25(2), on and from the 1

st

day of January 2007 an authorised treatment facility shall issue a certificate of destruction in a form specified by the Minister -

(a) to the registered owner of an end-of-life vehicle,

(b) to an authorised person of a local authority where an abandoned vehicle that is a specified vehicle, which has been removed from land by that local authority in accordance with section 71(4) of the Act and to which section 71(7) of the Act applies, is being disposed of by that local authority,

(c) to a member of An Garda Síochána where a specified vehicle is being disposed of by An Garda Síochána under

section 41

of the

Road Traffic Act 1994

and any Regulations made thereunder, or as appropriate,

(d) to such other person as may be prescribed by the Minister (and the provisions of sub-articles (2) and (3) and the relevant provisions of articles 20 to 26 inclusive shall be construed accordingly),

on the deposit by the registered owner, an authorised person of a local authority a member of An Garda Síochána or a person as may be prescribed by the Minister, of that vehicle at that facility for appropriate treatment and recovery.

(2) Subject to satisfactory compliance by an authorised treatment facility with the provisions of articles 24(1), 24(2) and 24(3) and by the registered owner, an authorised person of a local authority or a member of An Garda Síochána with the provisions of articles 25(1) and 25(2), that authorised treatment facility shall submit to the Minister, in an electronic form specified by the Minister, all relevant information relating to a certificate of destruction as set out in the

Third Schedule

of these Regulations.

(3) An authorised treatment facility shall not impose any charge, financial or otherwise, on the Minister, registered owner, authorised person of a local authority or member of An Garda Síochána for the supply of information under sub-article (1) nor for the issue of a certificate of destruction in respect of an end-of-life vehicle, or an abandoned vehicle that is a specified vehicle, upon its deposit at that facility for appropriate treatment and recovery.

Certificate of Destruction issued in a Member State of the European Union

.

20. A certificate of destruction validly issued -

(a) by an authorised treatment facility in another Member State of the European Union, or as appropriate,

(b) where permitted by a competent authority in another Member State of the European Union, by a producer, dealer or collector on behalf of an authorised treatment facility,

in accordance with -

(i) Article 5(3) of the Directive, and

(ii) Commission Decision 2002/151/EC

9

of 27 June 2002 concerning the minimum requirements for the certificate of destruction issued under Article 5(3) of the Directive,

shall have legal effect and all rights, powers, liabilities, obligations and restrictions arising out of or incidental to such certificates or their issue shall be recognised and available in law, and be enforced, allowed and followed accordingly.

Form and Content of the Certificate of Destruction

.

21. The certificate of destruction issued by an authorised treatment facility shall -

(a) contain at least the information listed in the

Third Schedule

, which sets out the Annex to Commission Decision 2002/151/EC of 27th June 2002 concerning the minimum requirements for the certificate of destruction issued under Article 5(3 of the Directive, and

(b) be compiled and maintained by an authorised treatment facility in a form specified by the Minister.

Notification of Certificate of Destruction to the National Vehicle Records

.

22. (1) Where an end-of-life vehicle, or an abandoned vehicle that is a specified vehicle has been deposited at an authorised treatment facility for appropriate treatment and recovery and that vehicle has been treated in accordance with the provisions of article 15 and the

Second Schedule

of these Regulations -

(a) if that facility is in the State and that vehicle is registered in the State, the owner or operator of that facility shall notify the Minister of the issue of the certificate of destruction and all relevant information specified in the

Third Schedule

and shall, notwithstanding anything contained in any regulation, retain that vehicle's registration document except where the registration document has been lost, stolen or destroyed, or in respect of vehicle's being disposed of under articles 19(1)(b) and 19(1)(c) which may not be otherwise available, or as appropriate,

(b) if that facility is in a Member State of the European Union other than the State and that vehicle is registered in the State, the registered owner of the end-of-life vehicle shall take all reasonable steps to notify the Minister of the issue of the certificate of destruction and all relevant information specified in the

Third Schedule

and shall take all reasonable steps to surrender the end-of-life vehicle's registration document to the Minister except where the registration document has been lost, stolen or destroyed or surrendered to that authorised treatment facility in accordance with the relevant national legislation for the time being in force in that Member State, or as appropriate,

(c) if that facility is in the State and that vehicle is registered in a Member State of the European Union other than the State, the registered owner of the end-of-life vehicle shall take all reasonable steps to notify the appropriate competent authority in that other Member State of the European Union of the issue of a certificate of destruction and the registered owner shall, where appropriate to the relevant national legislation for the time being in force in that Member State, surrender the end-of-life vehicle's registration document, or equivalent document as the case may be, to the competent authority in that Member State.

(2) Without prejudice to the provisions of sub-article (1), the Minister shall note on the joint licensing records such information, as may be determined by the Minister from time to time, contained in a certificate of destruction issued under article 19, or as appropriate, article 20 in respect of an end-of-life vehicle, or an abandoned vehicle that is a specified vehicle, registered in the State.

Obligations on Authorised Treatment Facilities

.

23. (1) The owner or operator of an authorised treatment facility shall not transfer an end-of-life vehicle, or an abandoned vehicle that is a specified vehicle, which has been deposited at that facility for appropriate treatment and recovery to any other person save for the purpose of its being the subject of appropriate treatment and recovery at another authorised treatment facility.

(2) Notwithstanding the provisions of sub-article (1), responsibility for -

(a) the issue of a certificate of destruction in accordance with the provisions of article 19, and

(b) the notification of all relevant information contained in that certificate of destruction to the Minister in accordance with the provisions of article 22,

shall remain with the authorised treatment facility to which the registered owner an authorised person of a local authority or a member of An Garda Síochána deposited the end-of-life vehicle, or the abandoned vehicle that is a specified vehicle, and the owner or operator of that facility shall require a written declaration from the authorised treatment facility to which that vehicle has been transferred to for subsequent appropriate treatment and recovery to verify that the vehicle will be treated in accordance with the provisions of article 15 and the

Second Schedule

of these Regulations.

(3) An end-of-life vehicle, or an abandoned vehicle that is a specified vehicle, in respect of which a certificate of destruction has been issued, in accordance with the provisions of article 19, or as appropriate, article 20, shall not be subsequently -

(a) registered,

(b) licensed under

section 1

of the

Finance (Excise Duties) (Vehicles) Act 1952

or

section 21

of the

Finance (No. 2) Act 1992

,

(c) used in a public place, or without prejudice to sub-article (1),

(d) exported.

Information to be compiled by the Authorised Treatment Facility

.

24. (1) On the deposit of an end-of-life vehicle, or an abandoned vehicle that is a specified vehicle, at an authorised treatment facility for appropriate treatment and recovery, the owner or operator of that facility shall duly record the facility's -

(a) full name and address of its principal place of business,

(b) waste license number, or as appropriate, waste permit number, together with the full name and address of the principal place of business of the competent authority responsible for the issue of that permit, or as appropriate, license, and

(c) the unique number of the certificate of destruction and its date of issue,

on the certificate of destruction for that end-of-life vehicle.

(2) Subject to the satisfactory provision by the registered owner, an authorised person of a local authority or a member of An Garda Síochána of the particulars and information required under articles 25(1) and 25(2), the owner or operator of the authorised treatment facility shall record such particulars and information on the certificate of destruction for the end-of-life vehicle concerned, or the abandoned vehicle that is a specified vehicle as the case may be.

(3) Notwithstanding sub-articles (1) and (2), on the deposit of an end-of-life vehicle or an abandoned vehicle that is a specified vehicle, at an authorised treatment facility for appropriate treatment and recovery and without prejudice to the joint licensing records in respect of that vehicle, the owner or operator of that facility shall verify the -

(a) registration number of that vehicle,

(b) make, model and class of that vehicle,

(c) chassis number (vehicle identification number) of that vehicle,

(d) country of registration of that vehicle, and

(e) date of expiry of that vehicle's most recent motor tax disk,

and shall record such particulars and information on the certificate of destruction for that end-of-life vehicle, or that abandoned vehicle that is a specified vehicle.

(4) Without prejudice to article 25(2) and subject to the provisions of sub-articles (1), (2) and (3), a certificate of destruction will not be deemed to be in order until such time as the signature of the owner or operator of the authorised treatment facility has been recorded on that certificate of destruction to verify that the end-of-life vehicle, or the abandoned vehicle that is a specified vehicle, will be treated in accordance with the provisions of article 15 and the

Second Schedule

of these Regulations.

(5) An authorised treatment facility shall maintain and preserve, in respect of each end-of-life vehicle, or abandoned vehicle that is a specified vehicle, deposited for appropriate treatment and recovery at that facility, the counterfoil of the certificate of destruction and the registration document surrendered in accordance with article 22(1)(a), for a period of not less than seven years.

Information to be provided by the Registered Owner

.

25. (1) To facilitate the owner or operator of an authorised treatment facility in complying with the provisions of articles 24(2), 24(3) and 24(4), the registered owner, an authorised person of a local authority or a member of An Garda Síochána, on the deposit of an end-of-life vehicle, or an abandoned vehicle that is a specified vehicle, at that authorised treatment facility for appropriate treatment and recovery, will be required to provide to that facility, documentary evidence which will confirm to the owner or operator of that facility's satisfaction -

(a) the full name of the registered owner, authorised person of a local authority or member of An Garda Síochána,

(b) the address of the registered owner, or as appropriate, address of the principal place of business of the authorised person of a local authority or member of An Garda Síochána,

(c) the nationality of the registered owner, and

(d) notwithstanding anything contained in any regulation, the end-of-life vehicle's registration document except where that document has been lost stolen or otherwise destroyed, or in respect of vehicle's being disposed of under articles 19(1)(b) and 19(1)(c) which may not be otherwise available.

(2) Notwithstanding article 24(4), a certificate of destruction will not be deemed to be in order until such time as the signature of the registered owner, an authorised person of a local authority or a member of An Garda Síochána has been recorded on that certificate of destruction to certify that the information recorded by the authorised treatment facility, in accordance with the provisions of articles 24(1) 24(2) and 24(3), is recorded as true and accurate.

Offences

.

26. (1) Any person who, or authorised treatment facility which, fails to comply with the provisions of articles 19, 20, 21, 22, 23, 24 and 25 on the deposit of an end-of-life vehicle, or an abandoned vehicle that is a specified vehicle, at an authorised treatment facility for appropriate treatment and recovery shall be guilty of an offence.

(2) A person, or authorised treatment facility, shall not provide nor record information that is false or misleading to a material extent nor furnish any such information in, nor in support of, the issue of a certificate of destruction and the notation of such information by the Minister on the joint licensing records of an end-of-life vehicle, or an abandoned vehicle that is a specified vehicle, deposited at an authorised treatment facility for appropriate treatment and recovery.

PART IV

DESIGN REQUIREMENTS

Limitation in the use of Hazardous Substances

.

27. On and from the date of commencement of these Regulations, each producer of specified vehicles shall, in liaison with vehicle material and equipment manufacturers promote the prevention of waste by -

(a) restricting and reducing the use of hazardous substances in specified vehicles, of that producer's brand or for which that producer has responsibility, insofar as it is possible from the conception of the vehicle and, as appropriate, through to its design, manufacture, use and repair, so as in particular to prevent their release into the environment, facilitate the recycling of specified vehicles at end-of-life and to avoid the need to dispose of hazardous waste arising there from,

(b) designing and producing new specified vehicles, of that producer's brand or for which that producer has responsibility, including their materials and components having taken into full account their dismantling, reuse, recovery and, in particular, their recycling at end-of-life, and

(c) integrating an increasing quantity of recycled material in the production of specified vehicles, of that producer's brand or for which that producer has responsibility, and as appropriate, their materials and components.

Prohibition on Heavy Metals

.

28. (1) On and from the date of commencement of these Regulations, each producer shall in accordance with the provisions of article 4(2)(a) of the Directive ensure that the materials and components of specified vehicles, of that producer's brand or for which that producer has responsibility, which that producer places on the market in the State do not contain lead, mercury, cadmium or hexavalent chromium other than in the cases specified in the

Fourth Schedule

of these Regulations which has been set out in accordance with Council Decision 2005/673/EC

10

of 20 September 2005 amending Annex II of the Directive and the

Fourth Schedule

shall have the same meaning assigned to it corresponding to any subsequent amendment to Annex II of the Directive arising from a Commission Decision, or as appropriate, a Council Decision, for the time being in force.

(2) Without prejudice to sub-article (1) and in accordance with Commission Decision 2005/438/EC

11

of 10 June 2005 amending Annex II of the Directive spare parts put on the market in the State, on and from the date of commencement of these Regulations, which are used for specified vehicles put on the market in the State before the 1

st

day of July 2003 are exempted from the provisions of sub-article (1) and the

Fourth Schedule

of these Regulations.

(3) On and from the date of commencement of these Regulations, on the basis of information in a producer's possession, where a producer is aware, or ought to be aware as a professional, that the materials and components of specified vehicles of that producer's brand or for which that producer has responsibility, which that producer has placed on the market in the State contain materials in concentrations which are prohibited under the provisions of sub-article (1), that producer shall immediately inform the competent authority prescribed by the Minister for this purpose, the details of which shall include -

(a) information enabling a precise identification of the specified vehicles in question,

(b) a full description of the relevant materials and components and the prohibited hazardous substances contained therein,

(c) all available information relevant for tracing the specified vehicles, and

(d) specified records for a specified period, or specified periods as appropriate in such form and at such frequency as may be determined in a written request from that competent authority prescribed by the Minister.

(4) A producer shall on receipt of a written request being made by the competent authority prescribed by the Minister under the provisions of sub-article (3) provide every reasonable assistance to that competent authority within a period as may be specified by that authority.

(5) A producer who fails to comply with a written request within a specified period under sub-article (3)(d) or as appropriate sub-article (4) or who furnishes any information in reply to such a written request which that producer knows to be false, or misleading in a material respect, shall be guilty of an offence.

Technical Documentation

.

29. (1) It shall be the responsibility of a producer to compile and maintain, for a period of seven years from the date a specified vehicle, of that producer's brand or for which that producer has responsibility, is placed on the market in the State such technical documentation, and other information as appropriate, to verify that the materials and components of that specified vehicle are in compliance with the provisions of article 28 and the

Fourth Schedule

of these Regulations.

(2) At the written request of the competent authority prescribed by the Minister under the provisions of article 28(3), a producer shall submit technical documentation, and other information as appropriate, within a specified period to verify to that competent authority that the materials and components of specified vehicles, of that producer's brand or for which that producer has responsibility which that producer has put on the market in the State are in compliance with the provisions of article 28 and the

Fourth Schedule

.

(3) A producer who furnishes any information in reply to a written request under sub-article (2) which that producer knows to be false or misleading in a material respect shall be guilty of an offence.

Coding Standards

.

30. (1) On and from the date of commencement of these Regulations, each producer of specified vehicles, of that producer's brand or for which that producer has responsibility, shall, in liaison with vehicle material and equipment manufacturers, use component and material coding standards to facilitate the identification of those components and materials which are suitable for reuse and recovery.

(2) For the purposes of these Regulations, “component and material coding standards” means the standards established by the Commission pursuant to article 8(2) of the Directive in accordance with the procedure laid down in article 11 of the Directive and which are set out in the

Fifth Schedule

of these Regulations which are in accordance with Commission Decision 2003/138/EC

12

of 27 February 2003 establishing component and material coding standards for vehicles pursuant to the Directive.

(3) A producer shall on receipt of a written request being made by the competent authority prescribed by the Minister under the provision of article 28(3) submit technical documentation, and other information as appropriate, within a specified period to verify to that competent authority that component and material coding standards are being used in accordance with the provisions of sub-article (1) and the

Fifth Schedule

of these Regulations.

(4) It shall be the responsibility of a producer to compile and maintain, for a period of seven years from the date components and materials are placed on the market in the State, such technical documentation, and other information as appropriate to verify that component and material coding standards, for specified vehicles of that producer's brand or for which that producer has responsibility, are being used in accordance with the provisions of sub-article (1) and the

Fifth Schedule

of these Regulations.

Dismantling Information

.

31. (1) On and from the date of commencement of these Regulations, each producer of specified vehicles, of that producer's brand or for which that producer has responsibility, shall -

(a) make available dismantling information for each type of new specified vehicle put on the market in the State within six months after the date that specified vehicles of that type are first put on the market in the State, and

(b) on receipt of a written request being made by the competent authority prescribed by the Minister under the provisions of article 28(3) submit the dismantling information referred to in paragraph (a) to that competent authority within a specified period.

(2) For the purposes of sub-article (1)(a), the dismantling information shall identify in so far as it is needed by authorised treatment facilities, the different components and materials of the specified vehicle, and the location of all hazardous substances in the specified vehicle, in order to achieve the objectives set out in article 7 of the Directive, that is to say -

(a) the reuse of components which are suitable for reuse, and as appropriate,

(b) the recycling of components when such recycling is environmentally viable, and as appropriate,

(c) the recovery of components when it is not environmentally viable to reuse or recycle such components,

without prejudice to requirements regarding the safety of specified vehicles and environmental requirements such as air emissions and noise control.

(3) Without prejudice to commercial and industrial confidentiality, a producer of specified vehicles, of that producer's brand or for which that producer has responsibility, shall make available to authorised treatment facilities upon a written request from such authorised treatment facilities all appropriate information concerning the dismantling, storage and testing of components of specified vehicles, of that producer's brand or for which that producer has responsibility, which can be reused.

(4) On and from the date of commencement of these Regulations, each producer of specified vehicles, of that producer's brand or for which that producer has responsibility, shall publish information on -

(a) the design of specified vehicles and their components with a view to their recoverability and recyclability,

(b) the appropriate treatment and recovery of end-of-life vehicles of that producer's brand, in particular the removal of all fluids and dismantling,

(c) the development and optimisation of ways to reuse, recycle and recover end-of-life vehicles and their components of that producer's brand, and

(d) 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.

(5) Each producer of specified vehicles, of that producer's brand or for which that producer has responsibility, shall -

(a) make the information specified in sub-article (4) accessible to prospective buyers of specified vehicles, and

(b) include the information specified in sub-article (4) in promotional literature used in the marketing of new specified vehicles.

Offences

.

32. A producer who fails to comply with the relevant provisions of articles 27, 28, 29, 30 and 31 shall be guilty of an offence.

PART V

MISCELLANEOUS

Enforcement

.

33. (1) Subject to sub-article (2), each local authority shall be responsible for the enforcement of Parts II and III and articles 35 and 36 of these Regulations within their functional areas and shall take such steps as are necessary for this purpose.

(2) Where an authorised treatment facility operates under a waste licence in accordance with the provisions of section 39 of the Act and any Regulations made thereunder, the Agency shall be responsible for the enforcement of articles 13 to 16 inclusive, the

Second Schedule

to these Regulations and Part III of these Regulations in respect of that authorised treatment facility and shall take such steps as are necessary for this purpose.

(3) The competent authority prescribed by the Minister under the provisions of article 28(3) shall be responsible for the enforcement of Part IV of these Regulations within the State and shall take such steps as are necessary for this purpose.

Power of a Local Authority to require Submission of Information and issue Written Directions

.

34. (1) A local authority may, by notice in writing, require a producer to furnish, within a specified period of not more than six weeks, such further information or particulars as may be specified in the notice regarding a producer's -

(a) application for registration, or as appropriate,

(b) application for renewal of registration,

for the purpose of complying with the provisions of article 12(4)(b).

(2) A local authority may, by notice in writing, require a producer to make, within a specified period of not more than six weeks and taking account of any directions as may be specified in the notice, a new application -

(a) for registration, or as appropriate,

(b) for renewal of registration,

for the purpose of complying with the provisions of article 12(7).

(3) A notice under sub-articles (1) and (2) may specify the manner in which any matter is to be set out or addressed in an application for registration, or as appropriate, an application for renewal of registration, or the nature of the evidence to be furnished, as the case may be.

(4) A producer on whom a notice under this article has been served shall, within the period specified in the notice, comply with the terms thereof.

(5) Producers should maintain and make available for the purposes of inspection by the local authority all supporting information used in the preparation of an application for registration, or as appropriate, an application for renewal of registration made under article 11(1), or as appropriate, under article 11(8).

Requirement on a Registered Owner to deposit an End-of-Life Vehicle at an Authorised Treatment Facility

.

35. (1) Where the registered owner of a specified vehicle decides to discard that vehicle as waste, he or she shall deposit that vehicle -

(a) at an authorised treatment facility in a producer's national collection system, or as the case may be,

(b) at an authorised treatment facility which does not form a part of a producer's national collection system,

for the purpose of its being the subject of appropriate treatment and recovery in accordance with article 15 and the

Second Schedule

of these Regulations.

(2) A registered owner who fails to comply with the provisions of sub-article (1 shall be guilty of an offence.

Amendment of the Waste Management (Permit) Regulations 1998

.

36. (1) Each local authority shall take such steps as are necessary to ensure that authorised treatment facilities operating in the functional area of that local authority -

(a) operate under a waste licence, or as appropriate, a waste permit, granted by the relevant competent authority under section 39 of the Act and any Regulations made thereunder,

(b) meet the minimum technical requirements set out in the

Second Schedule

of these Regulations, in particular the minimum technical requirements set out in paragraphs 1, 2 and 5 of the

Second Schedule

which establish site conditions to which an authorised treatment facility at a minimum must comply -

(i) for the storage (including temporary storage) of end-of-life vehicles prior to their being the subject of appropriate treatment and recovery,

(ii) for the appropriate treatment and recovery of end-of-life vehicles and

(iii) for the storage of components containing fluids, recoverable components and spare parts, and

(c) promote the introduction of certified environmental management systems in respect of their end-of-life vehicle treatment operations.

(2) For the purpose of complying with the provisions of sub-article (1), a waste permit granted in accordance with article 5(1), and Part I of the

First Schedule

of the Waste Management (Permit) Regulations 1998

13

by a local authority to a facility for the dismantling or recovery of vehicles that is located in the functional area of that local authority shall be modified, on and from the 1

st

day of January 2007, so as now to include, as conditions to that waste permit, the requirements of articles 13 to 16 inclusive and the

Second Schedule

of these Regulations and, in the event of any inconsistency between any such new condition and any prior condition in the waste permit, the prior condition shall be overridden by the new condition to the extent of such inconsistency.

(3) Without prejudice to sub-articles (1) and (2), a waste permit granted in accordance with article 5(1), and Part I of the

First Schedule

, of the Waste Management (Permit) Regulations 1998 by a local authority to a facility for the recovery of scrap metal or other metal waste that is located in the functional area of that local authority shall be modified, on and from the 1

st

day of January 2007 so as now to include, as a condition to that waste permit, that the acceptance of scrap metal or other metal waste arising from end-of-life vehicles at that facility shall be subject to prior treatment at an authorised treatment facility in accordance with the provisions of article 15 and the

Second Schedule

of these. Regulations and, in the event of any inconsistency between any such new condition and any prior condition in the waste permit, the prior condition shall be overridden by the new condition to the extent of such inconsistency.

(4) The Waste Management (Permit) Regulations 1998 (

S.I. No. 165 of 1998

) are hereby amended by -

(a) the substitution of article 2 with the following article -

“2. The purposes for which these Regulations are made include the purpose of giving effect to provisions of -

(a) Council Directive 75/439/EEC

1

of 16 June, 1975 on the disposal of waste oils, as amended by Council Directive 87/101/EEC of 22 December, 1986, and

(b) Council Directive 75/442/EEC

2

of 15 July, 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March, 1991 and

(c) Council Directive 80/68/EEC

3

of 17 December, 1979 on the protection of groundwater against pollution caused by certain dangerous substances, and

(d) Council Directive 91/689/EEC

4

of 12 December, 1991 on hazardous waste, and

(e) European Parliament and Council Directive 2000/53/EC

5

of 18 September, 2000 on end-of-life vehicles.”

(b) the substitution of sub-article 5(2) with the following sub-article -

“(2) A local authority shall not grant a waste permit unless it is satisfied that-

(a) the activity concerned, carried on in accordance with such conditions as are attached to the permit, will not cause environmental pollution,

(b) any emissions from the activity concerned will not result in the contravention of any relevant standard, including any standard for an environmental medium, or any relevant emission limit value, prescribed under any enactment,

(c) the best available techniques will be used to prevent or eliminate or, where that is not practicable, to limit, abate or reduce an emission from the activity concerned, and

(d) the applicant is a fit and proper person to hold a permit.”

(c) the addition after article 5(2) of the following sub-articles -

“(3) For the purpose of this article, a person shall be regarded as a fit and proper person if neither that person nor any other relevant person has been convicted of an offence prescribed for the purposes of section 40(7) of the Act.

(4) The local authority may, if it considers it proper to do so in any particular case, regard a person as a fit and proper person for the purposes of this article notwithstanding that that person or any other relevant person is not a person to whom sub-article (3) applies.

(5) The references in sub-articles (3) and (4) to a relevant person are references to a person whom the local authority determines to be relevant for the purposes of considering the application or review concerned having had regard to any criteria that the Minister by regulations provides it is to have regard to in determining such a matter.”

(d) the substitution of the

Third Schedule

with the following -

“

THIRD SCHEDULE

Article 18

Provisions of Community Acts which are to be given effect to in relevant waste permits granted by a local authority.

Relevant Provisions

Community Act

(1)

(2)

Articles 2, 4(b) and (c)

Council Directive 75/439/EEC of 16 June, 1975 on the disposal of waste oils, as amended by Council Directive 87/101/EEC of 22 December, 1986.

Article 9 and 14

Council Directive 75/442/EEC of 15 July, 1995 on waste, as amended by Council Directive 91/156/EEC of 18 March, 1991.

Articles 4, 5, 8, 9, 10 and 18

Council Directive 80/68/EEC of 17 December, 1979 on the protection of groundwater against pollution caused by certain dangerous substances.

Articles 2.2 to 2.4

Council Directive 91/689/EEC of 12 December, 1991 on hazardous waste.

Articles 6(1), 6(2), 6(3), 6(4), 6(5) and Annex I

European Parliament and Council Directive 2000/53/EC of 18 September, 2000 on end-of-life vehicles.

FIRST SCHEDULE

INFORMATION TO LOCAL AUTHORITIES

PART 1 INFORMATION TO BE PROVIDED FOR THE PURPOSE OF REGISTRATION

STATUTORY INSTRUMENTS

S.I. No. 282 of 2006

WASTE MANAGEMENT (END-OF-LIFE VEHICLES) REGULATIONS 2006

WASTE MANAGEMENT (END-OF-LIFE VEHICLES) REGULATIONS 2006

INDEX

PART I

PRELIMINARY AND GENERAL

1.

Citation.

2.

Purpose of Regulations.

3.

Commencement.

4.

Interpretation Generally.

5.

Application and Scope.

6.

Effect on Existing Community and National Legislation.

7.

Exempted Vehicles.

8.

Three-Wheel Motor Vehicles, Special Purpose Vehicles and Vehicles produced in Small Series.

PART II

PRODUCER RESPONSIBILITY OBLIGATIONS

9.

Collection Systems for End-of-Life Vehicles.

10.

Requirements on Producers to Register with Local Authorities.

11.

Application for Registration or Renewal of Registration.

12.

Certification of Producers.

13.

Record Keeping and Reporting.

14.

Obligations on Authorised Treatment Facilities.

15.

Appropriate Treatment and Recovery of End-of-Life Vehicles.

16.

Reuse, Recovery and Recycling Targets.

17.

Information and Promotion.

18.

Offences.

PART III

CERTIFICATE OF DESTRUCTION

19.

Issue of the Certificate of Destruction.

20.

Certificate of Destruction issued in a Member State of the European Union.

21.

Form and Content of the Certificate of Destruction.

22.

Notification of Certificate of Destruction to the National Vehicle Records.

23.

Obligations on Authorised Treatment Facilities.

24.

Information to be compiled by the Authorised Treatment Facility.

25.

Information to be provided by the Registered Owner.

26.

Offences.

PART IV

DESIGN REQUIREMENTS

27.

Limitation in the use of Hazardous Substances.

28.

Prohibition on Heavy Metals.

29.

Technical Documentation.

30.

Coding Standards.

31.

Dismantling Information.

32.

Offences.

PART V

MISCELLANEOUS

33.

Enforcement.

34.

Power of a Local Authority to require Submission of Information and issue Written Directions.

35.

Requirement on a Registered Owner to deposit an End-of-Life Vehicle at an Authorised Treatment Facility.

36.

Amendment of the Waste Management (Permit) Regulations 1998.

FIRST SCHEDULE

INFORMATION TO LOCAL AUTHORITIES

SECOND SCHEDULE

MINIMUM TECHNICAL REQUIREMENTS FOR APPROPRIATE TREATMENT AND RECOVERY OF END-OF-LIFE VEHICLES IN ACCORDANCE WITH ARTICLE 14 AND 15

THIRD SCHEDULE

MINIMUM REQUIREMENTS FOR THE CERTIFICATE OF DESTRUCTION ISSUED IN ACCORDANCE WITH ARTICLE 5(3) OF DIRECTIVE 2000/53/EC ON END-OF-LIFE VEHICLES

FOURTH SCHEDULE

MATERIALS AND COMPONENTS EXEMPT FROM ARTICLE 28

FIFTH SCHEDULE

NOMENCLATURE OF COMPONENT AND MATERIAL CODING STANDARDS

S.I. No. 282 of 2006

WASTE MANAGEMENT (END-OF-LIFE VEHICLES) REGULATIONS 2006

The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by sections 2, 7, 18, 19, 27, 28, 29, 32, 34, 39, 53B, 53C, 53D, 53E and 53F of the Waste Management Acts 1996 to 2005 and by

section 3

of the

European Communities Act 1972

(No. 27 of 1972), hereby makes the following Regulations:-

PART I

PRELIMINARY AND GENERAL

Citation

.