S.I. No. 281/2014 - European Union (End-of-Life Vehicles) Regulations 2014.

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.

SCHEDULE 4

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 my Official Seal,

14 June 2014.

PHIL HOGAN,

Minister for the Environment, Community 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 Annex II of the Directive 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.

2 O.J. No. L170, 29.6.2002, page 81.

3 O.J. No. L25, 28.1.2005, page 73.

4 O.J. No. L152, 15.6.2005, page 19.

5 O.J. No. L254, 30.9.2005, page 69.

6 O.J. No. L81, 20.3.2008, page 62.

7 O.J. No. L345, 23.12.2008, page 68.

8 O.J. No. L85, 31.3.2011, page 3.

9 O.J. No. L135, 22.5.2013, page 14.

10 O.J. No. L312, 22.11.2008, page 3.

11 O.J. No. L 196, 16.8.1967, page 1.

12

S.I. No. 213 of 2004

13 O.J. No. L 42, 23.2.1970, page 1.

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

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

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

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

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

19

S.I. No. 165 of 1998

.

20 O.J. No. L194, 25.7.75, page 23 and O.J. No. L42, 12.2.87, page 43.

21 O.J. No. L194, 25.7.75, page 39 and O.J. No. L78, 26.3.91, page 32.

22 O.J. No. L20, 26.1.80, page 43.

23 O.J. No. L377, 31.12.91, page 20.

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 regulation 14 and Schedule 2 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 regulation 15 and Schedule 2 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 regulation 26 and Annex II of the Directive 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 regulation 28 and Schedule 4 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 regulation 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 regulation 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—

“THE WASTE MANAGEMENT ACT 1996

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 Act 1996 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 REGULATION 17(5)

A notice for the purpose of regulation 17(5) shall state the following—

“WASTE MANAGEMENT ACT 1996

[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 Act 1996, 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. ”

SCHEDULE 2

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

15. (1) On and from the 1st 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 regulation 28 and Schedule 4 of these Regulations, shall be treated in accordance with the minimum technical requirements set out in paragraphs 3 and 4 in Schedule 2 of these Regulations, and in particular in the case of the minimum technical requirements for depollution set out in paragraph 3 in Schedule 2 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 Schedule 2 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 1st 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 regulation 28 and Schedule 4 of these Regulations, shall be treated in accordance with the minimum technical requirements set out in paragraphs 3 and 4 in Schedule 2 of these Regulations, and in particular in the case of the minimum technical requirements for depollution set out in paragraph 3 in Schedule 2 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 Schedule 2 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 31st 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 1st 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-regulations (1) and (2), for specified vehicles put on the market in the State before the 1st 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-regulations (1), (2) and (3).

Information and Promotion

17. (1) On a date not later than the 21st 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 regulation 11(1), or as appropriate, under regulation 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 regulation 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 regulation 31 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 regulation 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 regulation 11 and Parts 3 and 4 of Schedule 1 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 regulation, “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 Schedule 1 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.

PART III

CERTIFICATE OF DESTRUCTION

Issue of the Certificate of Destruction

18. (1) Subject to the provisions of regulations 23(1), 23(2), 23(3) and 23(4) and regulations 24(1) and 24(2), on and from the 1st 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-regulations (2) and (3) and the relevant provisions of regulations 19 to 24 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 regulations 23(1), 23(2) and 23(3) and by the registered owner, an authorised person of a local authority or a member of An Garda Síochána with the provisions of regulations 24(1) and 24(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 Schedule 3 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-regulation (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

19. 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

17

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

20. The certificate of destruction issued by an authorised treatment facility shall—

(a) contain at least the information listed in Schedule 3, 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

21. (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 regulation 15 and Schedule 2 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 for Transport, Tourism and Sport of the issue of the certificate of destruction and all relevant information specified in Schedule 3 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 regulations 18(1)(b) and 18(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 for Transport, Tourism and Sport of the issue of the certificate of destruction and all relevant information specified in Schedule 3 and shall take all reasonable steps to surrender the end-of-life vehicle’s registration document to the Minister for Transport, Tourism and Sport 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-regulation (1), the Minister for Transport, Tourism and Sport shall note on the joint licensing records such information, as may be determined by the Minister for Transport, Tourism and Sport from time to time, contained in a certificate of destruction issued under regulation 18, or as appropriate, regulation 19 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

22. (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 other than another authorised treatment facility.

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

(a) the issue of a certificate of destruction in accordance with the provisions of regulation 18, and

(b) the notification of all relevant information contained in that certificate of destruction to the Minister for Transport Tourism and Sport in accordance with the provisions of regulation 21,

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 regulation 15 and Schedule 2 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 regulation 18, or as appropriate, regulation 19, 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-regulation (1),

(d) exported.

Information to be compiled by the Authorised Treatment Facility

23. (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 regulations 24(1) and 24(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-regulations (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

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 regulation 24(2) and subject to the provisions of sub-regulations (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 regulation 15 and Schedule 2 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 regulation 21(1)(a), for a period of not less than seven years.

Information to be provided by the Registered Owner

24. (1) To facilitate the owner or operator of an authorised treatment facility in complying with the provisions of regulations 23(2), 23(3) and 23(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 regulations 18(1)(b) and 18(1)(c) which may not be otherwise available.

(2) Notwithstanding regulation 23(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 regulations 23(1), 23(2) and 23(3), is recorded as true and accurate.

PART IV

DESIGN REQUIREMENTS

Limitation in the use of Hazardous Substances

25. 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

26. (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 Annex II of the Directive.

(2) 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-regulation (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.

(3) A producer shall on receipt of a written request being made by the competent authority prescribed by the Minister under the provisions of sub-regulation (2), provide every reasonable assistance to that competent authority within a period as may be specified by that authority.

Technical Documentation

27. (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 regulation 26 and Annex II of the Directive.

(2) At the written request of the competent authority prescribed by the Minister under the provisions of regulation 26(2), 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 26 and Annex II of the Directive.

Coding Standards

28. (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 Schedule 4 of these Regulations which are in accordance with Commission Decision 2003/138/EC

18

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 regulation 26(2) 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-regulation (1) and Schedule 4 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-regulation (1) and Schedule 4 of these Regulations.

Dismantling Information

29. (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 regulation 26(2) submit the dismantling information referred to in paragraph (a) to that competent authority within a specified period.

(2) For the purposes of sub-regulation (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-regulation (4) accessible to prospective buyers of specified vehicles, and

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

PART V

MISCELLANEOUS

Enforcement

30. (1) Subject to sub-regulation (2), each local authority shall be responsible for the enforcement of Parts II and III and regulations 32 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 regulations 13 to 16 inclusive, Schedule 2 of 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 regulation 26(2) 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

31. (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 regulation 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 regulation 12(7).

(3) A notice under sub-regulations (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 regulation 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 regulation 11(1), or as appropriate, under regulation 11(8).

Authorised Persons

32. (1) An authorised person may, for any purpose connected with these Regulations

(a) at all reasonable times, or at any time if he or she has reasonable grounds for believing that there may be a risk of environmental pollution arising from the carrying on of an activity at the premises or that such pollution is occurring, enter any premises and bring thereon such other persons (including members of An Garda Síochána) or equipment as he or she may consider necessary for the purpose, and

(b) at any time halt (if necessary) and board any vehicle and have it taken, or require the driver of the vehicle to take it, to a place designated by the authorised person, and such a vehicle may be detained at that place by the authorised person, for such period as he or she may consider necessary for the purpose.

(2) An authorised person shall not, other than with the consent of the occupier, enter into a private dwelling under this Regulation unless he or she has obtained a warrant from the District Court under sub regulation 5(b) authorising such entry.

(3) Every authorised person when exercising any power conferred on him or her by or under these Regulations, shall, if requested by any person affected, produce the certificate furnished to him or her under section 14(3) of the Act.

(4) Whenever an authorised person enters any premises or boards any vehicle, pursuant to these Regulations, the authorised person may therein, as appropriate—

(a) make such plans, take such photographs, record such information on data loggers, make such tape, electrical, video or other recordings and carry out such inspections,

(b) make such copies of documents and records (including records in electronic form) found therein and take such samples,

(c) require that the premises or vehicle or any part of the premises or anything in the premises or vehicle shall be left undisturbed for such period,

(d) require from an occupier of the premises or any occupant of the vehicle or any person employed on the premises or any other person on the premises, such information,

(e) require the production of and inspect such records and documents, (including records held in electronic form) and take copies of or extracts from, or take away if considered necessary for the purposes of inspection or examination, any such records or documents,

as the authorised person, having regard to all the circumstances, considers necessary for the purposes of exercising any power conferred on him or her, by or under these Regulations.

(5)(a) Where an authorised person in the exercise of his or her powers under this Regulation is prevented from entering any premises or if an authorised person has reason to believe that evidence related to a suspected offence under these Regulations may be present in any premises and that the evidence may be removed therefrom or destroyed, the authorised person or the person by whom he or she was appointed may apply to a judge of the District Court, in whose District the premises is located, for a warrant under this paragraph authorising the entry by the authorised person into the premises.

(b) If on application being made to him or her under this paragraph, a Judge of the District Court is satisfied, on the sworn information of the applicant, that the authorised person concerned has been prevented from entering a premises as aforesaid or that the authorised person has reasonable grounds for believing the other matters aforesaid, the judge may issue a warrant under his or her hand authorising that person, accompanied, if the judge deems it appropriate so to provide, by such number of members of An Garda Síochána as may be specified in the warrant, at any time or times within one month from the date of the issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, the premises concerned and exercise the powers referred to in sub regulation (4) or (5).

(6) An authorised person may, in the exercise of any power conferred on him or her by these Regulations involving the bringing of any vehicle to any place, or where he or she anticipates any obstruction in the exercise of any other power conferred on him or her by or under this Regulation, request a member of the Garda Síochána to assist him or her in the exercise of such a power.

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

33. (1) The registered owner of a specified vehicle shall not discard that vehicle as waste, other than—

(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.

Offences

34. (1) Any person who-

(a) contravenes or fails to comply with a provision, or provisions, of these Regulations, or

(b) provides information which is false or to his or her knowledge misleading in a material way, or

(c) obstructs or interferes with an authorised person in the exercise of a power conferred by these Regulations

shall be guilty of an offence.

(2) Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

Prosecutions and Penalties

35. (1) A prosecution for a summary offence on account of contravention or failure to comply with these Regulations may be taken by the Agency or relevant local authority as appropriate.

(2) Notwithstanding the provisions of section 10(4) of the

Petty Sessions (Ireland) Act 1851

, summary proceedings for an offence on account of contravention or failure to comply with any regulation of these Regulations may be commenced—

(a) at any time within 12 months from the date on which the offence was committed, or

(b) at any time within 6 months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are initiated, to justify the proceedings, comes to such persons knowledge,

whichever is the later: provided that no such proceedings shall be initiated later than 2 years from the date on which the offence concerned was committed.

(3) Without prejudice to paragraph (2), a certificate signed by or on behalf of the person initiating the proceedings for an offence on account of contravention or failure to comply with any regulation of these Regulations as to the date on which evidence relating to the offence came to his or her knowledge shall be prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purposes of this paragraph and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.

(4) A person guilty of an offence under

(

a

) regulation 14, 20, 22 or 33 of these Regulations is liable on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both,

(

b

) any other regulation of these Regulations is liable

(i) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

(ii) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years or both.

(5) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under a regulation of these Regulations, prosecuted by the Prosecutor, it shall, on the application of the Prosecutor (made before the time of such imposition, affirmation or variation), provide by order for the payment of the amount of the fine to the Prosecutor.

(6) Where a person is convicted of an offence under these Regulations, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Prosecutor, the costs and expenses, measured by the court, incurred by the Prosecutor in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of directors, employees, consultants and advisers engaged by the Prosecutor.

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 Schedule 2 of these Regulations, in particular the minimum technical requirements set out in paragraphs 1, 2 and 5 of Schedule 2 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-regulation (1), a waste permit granted in accordance with regulation 5(1), and Part I of the First Schedule, of the Waste Management (Permit) Regulations 1998

19

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 1st day of January 2007, so as now to include, as conditions to that waste permit, the requirements of regulations 13 to 16 inclusive and Schedule 2 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-regulations (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 1st 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 regulation 15 and Schedule 2 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

20

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

21

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

22

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

(d) Council Directive 91/689/EEC

23

of 12 December, 1991 on hazardous waste, and

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

Revocation

37. (1) The Waste Management (End-of Life Vehicles) Regulations 2006 (

S.I. No. 282 of 2006

) as amended by the Waste Management (End-of Life Vehicles) (Amendment) Regulations 2010 (

S.I. No. 142 of 2010

) and the European Communities (End-of Life Vehicles) (Amendment) Regulations 2011 (

S.I. No. 661 of 2011

) and the European Union (End-of Life Vehicles) (Amendment) Regulations 2013 (

S.I. No. 327 of 2013

) are revoked with effect from the date specified in regulation 3.

(2) This does not affect liability under the Waste Management (End-of Life Vehicles) Regulations 2006 (

S.I. No. 282 of 2006

) as amended by the Waste Management (End-of Life Vehicles) (Amendment) Regulations 2010 (

S.I. No. 142 of 2010

) and the European Communities (End-of Life Vehicles) (Amendment) Regulations 2011 (

S.I. No. 661 of 2011

) and the European Union (End-of Life Vehicles) (Amendment) Regulations 2013 (

S.I. No. 327 of 2013

), for any offences committed before the date specified in regulation 3.

(3) References to the Waste Management (End-of Life Vehicles) Regulations 2006 (

S.I. No. 282 of 2006

) as amended by the Waste Management (End-of Life Vehicles) (Amendment) Regulations 2010 (

S.I. No. 142 of 2010

) and the European Communities (End-of Life Vehicles) (Amendment) Regulations 2011 (

S.I. No. 661 of 2011

) and the European Union (End-of Life Vehicles) (Amendment) Regulations 2013 (

S.I. No. 327 of 2013

) in any Act or instrument made under such Act shall be construed as references to the European Union (End-of Life Vehicles) Regulations 2014.

SCHEDULE 1

INFORMATION TO LOCAL AUTHORITIES

PART 1

INFORMATION TO BE PROVIDED FOR THE PURPOSE OF REGISTRATION