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

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.

1.

Purpose of Regulations.

2.

Commencement.

3.

Interpretation Generally.

4.

• (2) In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified, is a reference to the sub-article or paragraph of the provision in which the reference occurs.

• (3) In these Regulations, save where the context otherwise requires -

“abandoned” in relation to a vehicle, includes left in such circumstances or for such period that it is reasonable to assume that the vehicle has been abandoned and cognate words shall be construed accordingly;

“the Act” means the Waste Management Acts 1996 to 2005;

“the Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Acts 1992 and 2003;

“appropriate treatment and recovery” in relation to a vehicle, means the treatment and recovery of the vehicle in accordance with the requirements of section 39 of the Act;

“ascribed vehicle” means a specified vehicle responsibility for which pursuant to article 10(4) is capable of being ascribed to a producer or producers other than the producer who placed the specified vehicle on the market in the State;

“authorised person” means a person who is appointed in writing by -

• (a) the Minister,

• (b) a local authority,

• (c) the Agency,

• (d) the Commissioner of the Garda Síochána (or a member of the Garda Síochána nominated by that Commissioner for the purposes of appointing authorised persons under the Act), or

• (e) such other person as may be prescribed by the Minister, to be an authorised person for the purposes of the Act or any Part or section thereof;

“authorised treatment facility” means a facility at which the collection and the storage and the appropriate treatment and recovery of vehicles may take place;

“certificate of destruction” means the certificate referred to in Part III of these Regulations;

“the Directive” means the European Parliament and Council Directive 2000/53/EC of 18 September, 2000 on end-of-life vehicles;

“dismantling information” means all information required for the appropriate treatment and recovery of end-of-life vehicles. It shall be made available to authorised treatment facilities by vehicle producers and vehicle component

manufacturers in the form of manuals or by means of electronic media which may include CD-ROM, or as appropriate, on-line services;

“disposal” means any of the applicable operations provided for in Annex IIA to Council Directive 75/442/EEC² of 15 July 1975 on waste and shall be read in accordance with section 4(3) of the Act;

“economic operators” means producers, distributors, collectors, motor vehicle insurance companies, dismantlers, shredders, waste recovery operators - which term includes but is not limited to recoverers and recyclers, and as appropriate other treatment operators of end-of-life vehicles, including their components and materials;

“end-of-life vehicle” means a specified vehicle which is discarded or is to be discarded by its registered owner as waste and shall be read in accordance with the meaning of section 4(1)(a) of the Act and article 1(a) of Council Directive 75/442/EEC of 15 July 1975 on waste;

“the Environmental Protection Agency Acts 1992 and 2003” means the Environmental Protection Agency Act 1992 (No. 7 of 1992) as amended by Part 2 of the Protection of the Environment Act 2003 (No. 27 of 2003);

“essential components of a vehicle” means the engine and coachwork of a specified vehicle and shall also include the transmission, wheels and catalytic converter, if a catalytic converter formed part of the vehicle when it was placed on the market;

“hazardous substance” means any substance which is considered to be dangerous under Council Directive 67/548/EEC³ of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification packaging and labelling of dangerous substances;

“joint licensing records” in relation to a vehicle shall be construed in accordance with the meaning for ‘relevant certificate’ under article 2 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2004⁴ ;

“mechanically propelled vehicle” has the meaning given to it by Chapter IV of Part II of the Finance Act 1992 (No. 9 of 1992);

“prevention” means measures aiming at the reduction of the quantity and the harmfulness for the environment of end-of-life vehicles, their materials and substances;

“producer” in relation to a vehicle, means the person who imports into, or manufactures in, the State the vehicle;

“recovery” means any of the applicable operations provided for in Annex IIB to Council Directive 75/442/EEC of 15 July 1975 on waste and shall be read in accordance with section 4(4) of the Act;

“recycling” in relation to end-of-life vehicles means the reprocessing in a production process of the waste materials for their original purpose or for other purposes but excluding energy recovery. Energy recovery means the use of combustible waste as a means to generate energy through direct incineration with or without other waste but with the recovery of heat;

“registered owner” has the meaning assigned to it by the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2004 as amended for the time being, but, if those regulations should be revoked, it shall have the meaning assigned to it by such regulations corresponding to those regulations as may be for the time being in force;

“registration document” in relation to a vehicle shall be construed in accordance with the meaning for ‘relevant certificate’ under article 2 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2004;

“reuse” in relation to end-of-life vehicles means any operation by which components of end-of-life vehicles are used for the same purpose for which they were conceived;

“shredder” means any device used for tearing into pieces or fragmenting treated end-of-life vehicles, or other metallic or metalliferous waste, for the purpose of obtaining directly reusable metal scrap and, as appropriate, other recyclable material fragments;

“specified vehicle” means -

• (a) a category A vehicle or a category B vehicle within the meaning of Chapter IV of Part II of the Finance Act 1992 (No. 9 of 1992), or as appropriate,

• (b) any vehicle that may be designated as category M1 or N1 defined in Annex IIA to Council Directive 70/156/EEC⁵ of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers, or as appropriate,

• (c) three-wheel motor vehicles as defined in Directive 2002/24/EC⁶ of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC⁷ of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles, but excluding motor tricycles;

“treatment” in relation to end-of-life vehicles means any activity after the end-of-life vehicle has been handed over to an authorised treatment facility for depollution, dismantling, shearing, shredding, recovery or preparation for disposal of shredder wastes, and any other operation carried out for the recovery or as appropriate, disposal of the end-of-life vehicle and its components, and treated shall be construed accordingly;

“turnover” in relation to a producer means the amounts derived from the provision (including the export) of goods and services falling within the producer's ordinary activities;

“the Waste Management Acts 1996 to 2005” means the Waste Management Act 1996 (No. 10 of 1996) as amended by the Waste Management (Amendment) Act 2001 (No. 36 of 2001), by Part 3 of the Protection of the Environment Act 2003 (No. 27 of 2003) and by Part 2 of the Waste Management (Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 290 of 2005 );

“vintage vehicles” means historic vehicles, or vehicles of value to collectors, or vehicles intended for museums, for which a period of 30 years or more has elapsed since such vehicles were first registered and which are kept in a proper and environmentally sound manner, either ready for use or stripped into parts.

Application and Scope.

5.

• (2) Without prejudice to sub-article (1), the Regulations shall apply irrespective of how the specified vehicle has been serviced or repaired during use and irrespective of whether it is equipped with components supplied by the producer or with other components whose fitting as spare or replacement parts accords with the appropriate Community or domestic provisions.

Effect on Existing Community and National Legislation.

6.

Exempted Vehicles.

7.

• (a) vintage vehicles that may be designated as category M1 or N1 defined in Annex IIA to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers,

• (b) any vehicle that may be designated as category M2, M3, N2 or N3 defined in Annex IIA to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers, and

• (c) military vehicles which are connected with the protection of the essential interests of the security of the State and which are intended for specifically military purposes,

are excepted from the meaning of “specified vehicle” under article 4(3) and are exempted from the provisions of these Regulations.

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

8.

• (a) articles 13 and 16 and articles 19 to 32 inclusive shall not apply in respect of three-wheel motor vehicles as defined in Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles or as appropriate,

• (b) article 16 shall not apply in respect of special purpose vehicles as defined in the second indent of Article 4(1)(a) of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers, but excluding motor caravans if the vehicle comprises no more than eight seats in addition to the driver's seat, or as appropriate,

• (c) articles 30 to 31 shall not apply where a producer makes or imports vehicles that are exempt from Article 8(2)(a) of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers.

PART II PRODUCER RESPONSIBILITY OBLIGATIONS

Collection Systems for End-of-Life Vehicles.

9.

• (2) For the purpose of sub-article (1), each producer shall establish a national collection system which shall comprise of authorised treatment facilities where end-of-life vehicles, of that producer's brand or for which that producer has responsibility, may be collected and stored and treated in accordance with the provisions of article 15 and the Second Schedule of these Regulations.

• (3) Without prejudice to sub-articles (1) and (2), each producer's national collection system shall comprise of -

• (a) at least one authorised treatment facility in the functional area of each local authority where the population in the functional area of the local authority is less than or equal to 150,000 persons, and as appropriate,

• (b) at least one supplementary authorised treatment facility for each additional 150,000 persons (or part thereof) in the functional area of those local authorities whose populations exceed 150,000 persons.

• (4) To fulfil the provisions of sub-articles (1), (2) and (3), a producer may make arrangements or enter into agreements with the owners or operators of authorised treatment facilities and it shall be a condition of any such arrangements or agreements between the producer and the owners or operators of the authorised treatment facilities concerned that such arrangements or agreements do not exceed a period of three years.

• (5) Notwithstanding the provisions of sub-article (3), each producer shall ensure that the authorised treatment facilities that comprise all of that producer's national collection system are reasonably accessible to any person who wishes to deliver an end-of-life vehicle, of that producer's brand or for which that producer has responsibility, to such a facility in that producer's national collection system.

• (6) Each producer shall ensure that the authorised treatment facilities that comprise all of that producer's national collection system have sufficient capacity to treat in accordance with the provisions of article 15 and the Second Schedule, the actual number of that producer's specified vehicles that are likely to become end-of-life vehicles in 2007 and in each year thereafter.

• (7) Each producer shall ensure that where an end-of-life vehicle is transported from one authorised treatment facility to an alternative authorised treatment facility both of which are in that producer's national collection system, the transportation is carried out in accordance with sections 34 and 36 of the Act and any Regulations made thereunder.

• (8) On the establishment of each producer's national collection system, each producer shall -

• (a) furnish each authorised treatment facility in that producer's national collection system with a notice complying with the requirements of Part 5 of the First Schedule of these Regulations, and

• (b) require each authorised treatment facility in that producer's national collection system to fix and maintain in a conspicuous position, and in such manner as to be clearly visible to members of the public, the aforementioned notice in paragraph (a) at or near the main entrance to that authorised treatment facility.

• (9) Subject to the provisions of sub-article (10), where an end-of-life vehicle is deposited for appropriate treatment and recovery at an authorised treatment facility in a producer's national collection system, it shall be a requirement of any agreement between the producer and the owner or operator of the authorised treatment facility that -

• (a) where such an authorised treatment facility accepts the deposit of an end-of-life vehicle to which the agreement applies, and the vehicle was first registered in the State on or after the 1^st day of July 2002, or as appropriate,

• (b) where such an authorised treatment facility accepts the deposit of an end-of-life vehicle to which the agreement applies on or after 1^st day of January 2007,

no charge shall be imposed on the registered owner of that vehicle, and

• (c) each authorised treatment facility, which is part of a producer's national collection system shall accept the deposit of any end-of-life vehicle which is within the terms of that agreement.

• (10) Without prejudice to sub-article (9), an authorised treatment facility in a producer's national collection system will not be required to accept an end-of-life vehicle free of charge where the essential components of that vehicle are missing, or as appropriate, where waste has been added to that end-of-life vehicle.

• (11) Where an end-of-life vehicle is deposited for appropriate treatment and recovery at an authorised treatment facility in a producer's national collection system and that end-of-life vehicle has no or a negative market value, that producer shall be responsible for meeting the costs incurred by the authorised treatment facility in carrying out the appropriate treatment and recovery of that end-of-life vehicle.

• (12) A producer -

• (a) whose annual turnover was less than or equal to €1,000,000 and

• (b) who placed less than 10 specified vehicles on the market in the State

in the preceding twelve month period, may fulfil the provisions of sub-articles (1), (2), (3), (4), (5), (6), (7), (8), (9), (10) and (11) collectively with another producer, provided that -

• (c) the annual turnover of the latter producer exceeded €1,000,000 in the preceding twelve month period, and

• (d) an arrangement or agreement has been put in place between both producers whereby end-of-life vehicles, of either producers' brand or for which either producer has responsibility, may be collected and stored and treated (in accordance with the provisions of article 15 and the Second Schedule of these Regulations) in the national collection system of the latter producer.

• (13) For the purpose of sub-article (12)(d), it shall be a condition of any such arrangement or agreement between the producers concerned that such an arrangement or agreement does not exceed a period of three years.

Requirement on Producers to Register with Local Authorities.

10.

• (2) Where the business of a producer is transferred in whole or in part to another person, that person to whom the whole or part of the business is transferred shall be treated as a producer for the purposes of these Regulations and that person shall be required to be registered as a producer with each local authority in accordance with the provisions of sub-article (1).

• (3) Where a producer ceases, or has ceased, to place specified vehicles on the market in the State that producer shall be required to notify the Minister and each local authority in written form within 31 days of the date of cessation of placing specified vehicles on the market in the State that the producer will no longer be involved in the placing of specified vehicles on the market in the State.

• (4) Without prejudice to sub-article (2), where a producer ceases, or has ceased, to place specified vehicles on the market in the State and the business of that producer has not transferred in whole or in part to another person, the Minister may ascribe responsibility in respect of specified vehicles of that producer's brand or for which that producer has responsibility to one or more other producers.

• (5) Where the Minister makes a decision to ascribe responsibility to a producer under sub-article (4), the Minister shall send to that producer a notice in writing of his or her decision within 14 days of having made that decision.

• (6) In reaching a decision under sub-article (4), the Minister may take into account one or more of the following matters -

• (a) the identity of any person who has manufactured the ascribed vehicle(s),

• (b) the identity of the person who has put his or her name on the ascribed vehicle(s),

• (c) the identity of any person who has placed the ascribed vehicle(s) on the market,

• (d) the identity of any person who uses, has used or has the right to use a trademark or other distinguishing mark the same or similar to that of the ascribed vehicle(s),

• (e) the approximate turnover, market share or market position of any producer,

• (f) the identity of any producer, other than a producer who has ceased to place specified vehicles on the market in the State, who has manufactured, or put his or her name on, or has placed on the market in the State, specified vehicles the same or similar to the ascribed vehicle(s), and

• (g) any other matter considered by the Minister appropriate for the expeditious or effective implementation of the Directive.

• (7) The notice referred to in sub-article (5) shall include the following -

• (a) a description of the ascribed vehicle(s) to which it relates,

• (b) if available, information indicating when the ascribed vehicle(s) was placed on the market in the State, and

• (c) the reasons for the Minister's decision to ascribe responsibility.

• (8) Where the Minister makes a decision to ascribe responsibility under sub-article (4), the Minister shall notify each producer ascribed responsibility so that each producer may make representations to the Minister within a period of 28 days of the date of the notice referred to in sub-article (5) if any such producer objects to that decision.

• (9) If the Minister considers it appropriate to do so, whether in consequence of any representations or proposals made to the Minister under sub-article (8), or otherwise as the case may be, the Minister may -

• (a) revoke his or her decision made under sub-article (4),

• (b) without revoking his or her decision made under sub-article (4), at any time modify the terms of the notice referred to in sub-article (5), in such manner as the Minister considers appropriate.

• (10) Where the Minister does not ascribe responsibility to one or more producers under sub-article (4) in respect of an ascribed vehicle, the Minister may enter into an agreement with one or more producers, or organisations which represent the interests of a group of producers, for the purposes of ascribing responsibility for the relevant ascribed vehicles.

Application for Registration or Renewal of Registration.

11.

• (a) apply for registration to each local authority not later than the 21^st day of September 2006 or the date of commencement of business, whichever is the later, and

• (b) apply for renewal of registration to each local authority not later than the 31^st day of January in each year following the initial registration for the relevant calendar year, subject only that the producer shall not be required to make such an application within six months of -

• (i) initial registration, or

• (ii) the date the producer was required to apply for initial registration in accordance with the provisions of paragraph (a),

whichever is the earlier.

• (2) An application for registration in accordance with the provisions of sub-article (1)(a) shall be made in writing, shall contain at least the information set out in Part 1 of the First Schedule, and shall be accompanied by -

• (a) a signed declaration by the producer concerned to confirm that the materials and components of specified vehicles put on the market in the State, of that producer's brand or for which that producer has responsibility, do not contain lead, mercury, cadmium or hexavalent chromium other than in the cases specified in article 28 and the Fourth Schedule to these Regulations, and

• (b) a three-year implementation plan specifying the measures to be taken by the producer concerned in order to comply with the requirements of these Regulations, including in particular the measures which that producer intends to take to ensure the appropriate treatment and recovery of end-of-life vehicles, of that producer's brand or for which that producer has responsibility, in the functional area of the relevant local authority, and

• (c) a signed declaration by the producer concerned undertaking that the producer will not -

• (i) make arrangements or enter into agreements with any economic operator which are prohibited by section 4(1) of the Competition Act 2002 (No. 14 of 2002), or as appropriate, by Article 81 of the Treaty of Rome, or as appropriate,

• (ii) act in a manner prohibited by section 5(1) of the Competition Act 2002 (No. 14 of 2002), or as appropriate, by Article 82 of the Treaty of Rome, and

• (d) a certificate from an independent person who is qualified at the time of the certificate to be appointed, or continue to be, the auditor of the producer if that producer is a company, or if the producer is not a company, would be qualified to be auditor if the producer were a company, confirming the turnover of the producer in the preceding twelve month period, or as the case may be, if the producer is a new entrant to the market, then the projected turnover for the first twelve months of that producer's activities in the State, and

• (e) the appropriate fee in accordance with the provisions of sub-articles (6 and (7).

• (3) An application for renewal of registration in accordance with the provisions of sub-article (1)(b) shall be made in writing, shall contain at least the information set out in Part 2 of the First Schedule, and shall be accompanied by -

• (a) a signed declaration by the producer concerned to confirm that the materials and components of specified vehicles put on the market in the State, of that producer's brand or for which that producer has responsibility, do not contain lead, mercury, cadmium or hexavalent chromium other than in the cases specified in article 28 and the Fourth Schedule to these Regulations, and

• (b) a revised three-year implementation plan, having regard to experience in the preceding registration period, specifying the measures to be taken by the producer concerned in order to comply with the requirements of these Regulations, including in particular the measures which that producer intends to take to ensure the appropriate treatment and recovery of end-of-life vehicles, of that producer's brand or for which that producer has responsibility, in the functional area of the relevant local authority, and

• (c) a signed declaration by the producer concerned undertaking that the producer did not and will not -

• (i) make arrangements or enter into agreements with any economic operator which are prohibited by section 4(1) of the Competition Act 2002 (No. 14 of 2002), or as appropriate, by Article 81 of the Treaty of Rome, or as appropriate,

• (ii) act in a manner prohibited by section 5(1) of the Competition Act 2002 (No. 14 of 2002), or as appropriate, by Article 82 of the Treaty of Rome, and

• (d) a report specifying the measures taken by the producer concerned in order to comply with the requirements of these Regulations in the functional area of the local authority in the preceding registration period, and the results of those measures, and

• (e) a certificate from an independent person who is qualified at the time of the certificate to be appointed, or continue to be, the auditor of the producer if that producer is a company, or if the producer is not a company, would be qualified to be auditor if the producer were a company, confirming the turnover of the producer in the preceding twelve month period, and

• (f) the appropriate fee in accordance with the provisions of sub-articles (6 and (7).

• (4) A three-year implementation plan required under sub-article (2)(b), or as the case may be, a revised three-year implementation plan required under sub-article (3)(b), shall contain at least the information set out in Part 3 of the First Schedule.

• (5) A report required under sub-article (3)(d) shall contain at least the information set out in Part 4 of the First Schedule.

• (6) An application for registration under sub-article (2), or otherwise as the case may be, for renewal of registration under sub-article (3), shall be accompanied by a fee equivalent of -

• (a) €1,000 in respect of producers whose annual turnover was less than or equal to €50,000,000 in the preceding twelve month period, or as appropriate,

• (b) €2,500 in respect of producers whose annual turnover was greater than €50,000,000 but less than or equal to €100,000,000 in the preceding twelve month period, or as appropriate,

• (c) €6,000 in respect of producers whose annual turnover was greater than €100,000,000 in the preceding twelve month period,

in respect of each application to a local authority, or as appropriate,

• (d) €1,000 in respect of a producer -

• (i) whose annual turnover was less than or equal to €1,000,000 and

• (ii) who placed less than 10 specified vehicles on the market in the State

in the preceding twelve month period, in respect of a single application made in accordance with the provisions of sub-article (8), to the local authority in whose functional area the registered office of the producer, or if the producer is not a company, the principal place of business of the producer, is situate.

• (7) The Minister may from time to time, but no earlier than the 1^st day of October 2007, review and make an order, amending sub-article (6) by substituting for the amounts specified in paragraphs (a), (b), (c) and (d) in that sub-article greater amounts, or lesser amounts as the case may be, than those for the time being in force.

• (8) Without prejudice to sub-article (1), where a producer intends to fulfil the provisions of articles 9(1), 9(2), 9(3), 9(4), 9(5), 9(6), 9(7), 9(8), 9(9), 9(10) and 9(11) collectively with another producer in accordance with the provisions of article 9(12), the producer -

• (a) whose annual turnover was less than or equal to €1,000,000 and

• (b) who placed less than 10 specified vehicles on the market in the State

in the preceding twelve month period, shall make a single application to the local authority in whose functional area the registered office of the producer, or if the producer is not a company, the principal place of business of the producer, is situate -

• (c) for registration not later than the 21^st day of September 2006 or the date of commencement of business, whichever is the later, and

• (d) for renewal of registration not later than the 31^st day of January in each year following the initial registration for the relevant calendar year, subject only that the producer shall not be required to make such an application within six months of -

• (i) initial registration, or

• (ii) the date the producer was required to apply for initial registration in accordance with the provisions of paragraph (a),

whichever is the earlier, and

• (e) the provisions of sub-articles (2), (3), (4), (5), (6) and (7) shall be construed accordingly.

• (9) A producer shall notify the relevant local authority of any change to the information provided in an application for registration, or as the case may be, the last preceding application for renewal of registration within 10 working days of any such change.

Certification of Producers.

12.

• (2) A producer shall not be deemed to be registered with a local authority until a Certificate of Registration has issued by the local authority to which the application for registration was submitted in accordance with the provisions of article 11(1)(a), or as appropriate, article 11(8)(c).

• (3) A producer shall not be deemed to have renewed his or her registration with a local authority until a Certificate of Renewal of Registration has issued by the local authority to which the application for registration was submitted in accordance with the provisions of article 11(1)(b), or as appropriate, article 11(8)(d).

• (4) A local authority shall issue a Certificate of Registration or a Certificate of Renewal of Registration as expeditiously as possible and, in any event, within -

• (a) six weeks of the date of receipt of an application for registration or renewal of registration, or as appropriate,

• (b) two weeks after the date of receipt of further information or particulars requested by a local authority in connection with such an application,

whichever is the later.

• (5) Without prejudice to sub-articles (1) and (4), a local authority may refuse an application for registration under this article -

• (a) where it considers that a producer has failed to provide the information required under article 11(2) of these Regulations, or as appropriate,

• (b) where it considers that that the producer's implementation plan is not sufficient to fulfil that producer's obligations under articles 9, 13, 15, 16 and 17 of these Regulations, or as appropriate,

• (c) where the appropriate fee in accordance with the provisions of article 11(6 has not been submitted to that local authority.

• (6) Without prejudice to sub-articles (1) and (4), a local authority may refuse an application for renewal of registration under this article where it considers that a producer has, in the preceding twelve month period, failed to -

• (a) provide the information required under article 11(3) of these Regulations or as appropriate,

• (b) implement the producer's implementation plan in a satisfactory manner in the functional area of the local authority concerned, or as appropriate,

• (c) achieve the targets set out in article 16 of these Regulations 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 a part of that producer's national collection system in the functional area of the local authority concerned, or as appropriate,

• (d) take all reasonable steps as were necessary to ensure that where end-of-life vehicles, of that producer's brand or for which that producer has responsibility, were deposited for appropriate treatment and recovery at authorised treatment facilities which comprise a part of that producer's national collection system in the functional area of the local authority concerned, that no charge was imposed on the registered owners of those vehicles in accordance with the provisions of article 9(9), subject to the provisions of article 9(10) of these Regulations, or as appropriate,

• (e) take all reasonable steps as were necessary to ensure that where end-of-life vehicles, of that producer's brand or for which that producer has responsibility, were deposited for appropriate treatment and recovery at authorised treatment facilities which comprise a part of that producer's national collection system in the functional area of the local authority concerned, that those vehicles were treated in accordance with the provisions of article 15 and the Second Schedule of these Regulations, or as appropriate,

• (f) where the appropriate fee in accordance with the provisions of article 11(6 has not been submitted to that local authority.

• (7) Having regard to sub-articles (5) and (6), where a local authority refuses an application for registration, or as the case may be, an application for renewal of registration, made by a producer in accordance with the provisions of article 11(1), that producer shall make a new application for registration, or as the case may be, a new application for renewal of registration to the local authority concerned taking account of any written directions that local authority may issue to the producer in the matter of such a new application for registration, or as the case may be, a new application for renewal of registration.

Record Keeping and Reporting.

13.

• (a) the number, and aggregate unladen weight, of specified vehicles, of that producer's brand or for which that producer has responsibility, put on the market in the State in the functional area of each local authority,

• (b) the number, and aggregate unladen weight, of end-of-life vehicles, of that producer's brand or for which that producer has responsibility, that have been deposited for appropriate treatment and recovery at authorised treatment facilities, which comprise a part of that producer's national collection system, in the functional area of each local authority,

• (c) the aggregate weight of materials for reuse arising from end-of-life vehicles, of that producer's brand or for which that producer has responsibility, that have been deposited for appropriate treatment and recovery at authorised treatment facilities, which comprise a part of that producer's national collection system, in the functional area of each local authority,

• (d) the aggregate weight of materials for recycling arising from end-of-life vehicles, of that producer's brand or for which that producer has responsibility, that have been deposited for appropriate treatment and recovery at authorised treatment facilities, which comprise a part of that producer's national collection system, in the functional area of each local authority,

• (e) the aggregate weight of materials for recovery arising from end-of-life vehicles, of that producer's brand or for which that producer has responsibility, that have been deposited for appropriate treatment and recovery at authorised treatment facilities, which comprise a part of that producer's national collection system, in the functional area of each local authority, and

• (f) the aggregate weight of materials for disposal arising from end-of-life vehicles, of that producer's brand or for which that producer has responsibility, that have been deposited for appropriate treatment and recovery at authorised treatment facilities, which comprise a part of that producer's national collection system, in the functional area of each local authority.

• (2) On and from the 1^st day of November 2006, where an end-of-life vehicle is accepted 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 facility shall be required to compile and maintain records on -

• (a) the number, and aggregate unladen weight, of end-of-life vehicles that have been deposited at that authorised treatment facility for appropriate treatment and recovery,

• (c) the aggregate weight of materials for reuse, arising from end-of-life vehicles that have been deposited at that authorised treatment facility for appropriate treatment and recovery,

• (d) the aggregate weight of materials for recycling, arising from end-of-life vehicles that have been deposited at that authorised treatment facility for appropriate treatment and recovery,

• (e) the aggregate weight of materials for recovery, arising from end-of-life vehicles that have been deposited at that authorised treatment facility for appropriate treatment and recovery, and

• (f) the aggregate weight of materials for disposal, arising from end-of-life vehicles that have been deposited at that authorised treatment facility for appropriate treatment and recovery.

• (3) On and from the 1^st day of November 2006, records kept pursuant to sub-articles (1) and (2) shall be -

• (a) compiled and maintained in a form specified by the Minister, which may include electronic or internet-based forms, and which at least meets the requirements of Commission Decision 2005/293/EC⁸ of 1 April 2005 laying down detailed rules on the monitoring of the reuse/recovery and reuse/recycling targets set out in the Directive,

• (b) submitted to the relevant local authority in such form specified by the Minister, which may include electronic or internet-based forms, not later than the 31^st day of January 2008, and not later than the 31^st day of January in each year thereafter, by -

• (i) the producer, in respect of end-of-life vehicles that have been deposited for appropriate treatment and recovery at authorised treatment facilities, which comprise a part of that producer's national collection system, or as appropriate,

• (ii) the owner or operator of an authorised treatment facility, which does not form a part of a producer's national collection system, in respect of end-of-life vehicles that have been accepted for appropriate treatment and recovery at that authorised treatment facility,

in the preceding twelve month period.

• (c) retained at an address in the State by the producer, or as appropriate authorised treatment facility, required to keep them, for a period of at least seven years, starting from the end of each year in which they were drawn up, and

• (d) made available in such form, which may include electronic or internet-based forms, and at such frequency as may be specified in writing by the Agency in relation to the activities carried out by authorised treatment facilities -

• (i) which form a part of a producer's national collection system, or otherwise as the case may be,

• (ii) which do not form a part of a producer's national collection system

for the purposes of complying with these Regulations.

• (4) For the purpose of this article, a local authority shall furnish such information, in respect of end-of-life vehicles that have been deposited for appropriate treatment and recovery at authorised treatment facilities operating within its functional area, in such form and at such frequency as may be specified by the Agency.

Obligations on Authorised Treatment Facilities.

14.

• (a) operate under a waste licence, or as appropriate, a waste permit, in accordance with the provisions of section 39 of the Act and any Regulations made thereunder, and

• (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,

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

• (2) Subject to the provisions of sub-article 3, where an end-of-life vehicle is accepted for appropriate treatment and recovery at an authorised treatment facility which does not form a part of a producer's national collection system, no charge shall be imposed on the registered owner of that vehicle -

• (a) on and from the 1^st day of November 2006 in respect of a specified vehicle first registered in the State on or after the 1^st day of July 2002, or as appropriate,

• (b) on and from the 1^st day of January 2007 in respect of any other specified vehicle.

• (3) Without prejudice to sub-article (2), an authorised treatment facility which does not form a part of a producer's national collection system, will not be required to accept an end-of-life vehicle free of charge where the essential components of that vehicle are missing or, as appropriate, where waste has been added to that end-of-life vehicle.

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

15.

• (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.

• (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.

• (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.

• (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.

• (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) 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/EC⁹ 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.

• (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.

• (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.

• (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.

• (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.