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

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

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

• (a) registration number of that vehicle,

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

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

• (d) country of registration of that vehicle, and

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

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

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

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

Information to be provided by the Registered Owner.

25.

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

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

• (c) the nationality of the registered owner, and

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

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

Offences.

26.

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

PART IV DESIGN REQUIREMENTS

Limitation in the use of Hazardous Substances.

27.

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

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

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

Prohibition on Heavy Metals.

28.

• (2) Without prejudice to sub-article (1) and in accordance with Commission Decision 2005/438/EC¹¹ of 10 June 2005 amending Annex II of the Directive spare parts put on the market in the State, on and from the date of commencement of these Regulations, which are used for specified vehicles put on the market in the State before the 1^st day of July 2003 are exempted from the provisions of sub-article (1) and the Fourth Schedule of these Regulations.

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

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

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

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

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

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

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

Technical Documentation.

29.

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

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

Coding Standards.

30.

• (2) For the purposes of these Regulations, “component and material coding standards” means the standards established by the Commission pursuant to article 8(2) of the Directive in accordance with the procedure laid down in article 11 of the Directive and which are set out in the Fifth Schedule of these Regulations which are in accordance with Commission Decision 2003/138/EC¹² of 27 February 2003 establishing component and material coding standards for vehicles pursuant to the Directive.

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

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

Dismantling Information.

31.

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

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

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

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

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

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

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

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

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

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

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

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

• (d) the progress achieved with regard to recovery and recycling to reduce the waste to be disposed of and to increase the recovery and recycling rates.

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

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

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

Offences.

32.

PART V MISCELLANEOUS

Enforcement.

33.

• (2) Where an authorised treatment facility operates under a waste licence in accordance with the provisions of section 39 of the Act and any Regulations made thereunder, the Agency shall be responsible for the enforcement of articles 13 to 16 inclusive, the Second Schedule to these Regulations and Part III of these Regulations in respect of that authorised treatment facility and shall take such steps as are necessary for this purpose.

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

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

34.

• (a) application for registration, or as appropriate,

• (b) application for renewal of registration,

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

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

• (a) for registration, or as appropriate,

• (b) for renewal of registration,

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

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

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

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

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

35.

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

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

for the purpose of its being the subject of appropriate treatment and recovery in accordance with article 15 and the Second Schedule of these Regulations.

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

Amendment of the Waste Management (Permit) Regulations 1998.

36.

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

• (b) meet the minimum technical requirements set out in the Second Schedule of these Regulations, in particular the minimum technical requirements set out in paragraphs 1, 2 and 5 of the Second Schedule which establish site conditions to which an authorised treatment facility at a minimum must comply -

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

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

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

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

• (2) For the purpose of complying with the provisions of sub-article (1), a waste permit granted in accordance with article 5(1), and Part I of the First Schedule of the Waste Management (Permit) Regulations 1998¹³ by a local authority to a facility for the dismantling or recovery of vehicles that is located in the functional area of that local authority shall be modified, on and from the 1^st day of January 2007, so as now to include, as conditions to that waste permit, the requirements of articles 13 to 16 inclusive and the Second Schedule of these Regulations and, in the event of any inconsistency between any such new condition and any prior condition in the waste permit, the prior condition shall be overridden by the new condition to the extent of such inconsistency.

• (3) Without prejudice to sub-articles (1) and (2), a waste permit granted in accordance with article 5(1), and Part I of the First Schedule, of the Waste Management (Permit) Regulations 1998 by a local authority to a facility for the recovery of scrap metal or other metal waste that is located in the functional area of that local authority shall be modified, on and from the 1^st day of January 2007 so as now to include, as a condition to that waste permit, that the acceptance of scrap metal or other metal waste arising from end-of-life vehicles at that facility shall be subject to prior treatment at an authorised treatment facility in accordance with the provisions of article 15 and the Second Schedule of these. Regulations and, in the event of any inconsistency between any such new condition and any prior condition in the waste permit, the prior condition shall be overridden by the new condition to the extent of such inconsistency.

• (4) The Waste Management (Permit) Regulations 1998 ( S.I. No. 165 of 1998 ) are hereby amended by -

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

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

• (a) Council Directive 75/439/EEC¹⁴ 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/EEC¹⁵ of 15 July, 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March, 1991 and

• (c) Council Directive 80/68/EEC¹⁶ of 17 December, 1979 on the protection of groundwater against pollution caused by certain dangerous substances, and

• (d) Council Directive 91/689/EEC¹⁷ of 12 December, 1991 on hazardous waste, and

• (e) European Parliament and Council Directive 2000/53/EC¹⁸ of 18 September, 2000 on end-of-life vehicles.”

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

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

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

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

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

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

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

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

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

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

• (d) the substitution of the Third Schedule with the following -

“

THIRD SCHEDULE

Article 18

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

Relevant Provisions	Community Act
(1)	(2)
Articles 2, 4(b) and (c)	Council Directive 75/439/EEC of 16 June, 1975 on the disposal of waste oils, as amended by Council Directive 87/101/EEC of 22 December, 1986.
Article 9 and 14	Council Directive 75/442/EEC of 15 July, 1995 on waste, as amended by Council Directive 91/156/EEC of 18 March, 1991.
Articles 4, 5, 8, 9, 10 and 18	Council Directive 80/68/EEC of 17 December, 1979 on the protection of groundwater against pollution caused by certain dangerous substances.
Articles 2.2 to 2.4	Council Directive 91/689/EEC of 12 December, 1991 on hazardous waste.
Articles 6(1), 6(2), 6(3), 6(4), 6(5) and Annex I	European Parliament and Council Directive 2000/53/EC of 18 September, 2000 on end-of-life vehicles.

FIRST SCHEDULE

INFORMATION TO LOCAL AUTHORITIES

PART 1 INFORMATION TO BE PROVIDED FOR THE PURPOSE OF REGISTRATION

1. Name(s), address, certificate of incorporation number, telephone number, electronic mail address and fax number of the registered office or, if not a company, the principal place of business, of the producer.

Name:

Name (as per Certificate of Incorporation) (if different to the above):

Address of Registered Office:

Telephone No.:

Fax No.:

E-mail:

Certificate of Incorporation No.:

1. Location of premises at or from which specified vehicles, of that producer's brand or for which that producer has responsibility, are, or will be, placed on the market in the functional area of the local authority.

2. An estimate of -

3. (i) the number of specified vehicles, of that producer's brand or for which that producer has responsibility, that will be placed on the market in the functional area of the local authority over the period for which the initial registration applies, and

4. (ii) the number of end-of-life vehicles, of that producer's brand or for which that producer has responsibility, that will arise in the functional area of the local authority over the period for which the initial registration applies.

5. The name, address, telephone number, fax number, electronic mail address and waste permit number or waste licence number, as appropriate, for each authorised treatment facility in the functional area of the local authority that will be incorporated into the producer's national collection system.

Name:

Address:

Telephone No.:

Fax No.:

E-mail:

Waste Permit No.:

Waste Collection Permit No.: (if applicable)

1. An estimate of the average and maximum distance (in kilometres) that the registered owner of an end-of-life vehicle would have to travel in order to deposit that end-of-life vehicle at an authorised treatment facility in the functional area of the local authority that will be incorporated into the producer's national collection system.

2. A signed declaration from the producer to confirm that the authorised treatment facility, or facilities as the case may be, in the functional area of the local authority have sufficient capacity to treat the actual number of the producer's specified vehicles of that producer's brand or for which that producer has responsibility, that are likely to become end-of-life vehicles in the functional area of the local authority over the period for which the initial registration applies.

3. A three-year implementation plan specifying the measures to be taken by the producer 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 local authority.

4. A signed declaration by the producer to confirm that the materials and components of specified vehicles, of that producer's brand or for which that producer has responsibility, that will be put on the market in the functional area of the local authority do not contain lead, mercury, cadmium or hexavalent chromium other than in the cases specified in the Fourth Schedule to these Regulations.

5. 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.

6. A signed declaration by the producer undertaking that the producer will not 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, 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.

PART 2 INFORMATION TO BE PROVIDED FOR THE PURPOSE OF RENEWAL OF REGISTRATION

1. Name(s), address, certificate of Incorporation number, telephone number, electronic mail address and fax number of the registered office or, if not a company, the principal place of business, of the producer.

Name:

Name (as per Certificate of Incorporation) (if different to the above):

Address of Registered Office:

Telephone No.:

Fax No.:

E-mail:

Certificate of Incorporation No.:

1. Location of premises at or from which specified vehicles, of that producer's brand or for which that producer has responsibility, are, or will be, placed on the market in the functional area of the local authority.

2. An estimate of -

3. (i) the number of specified vehicles, of that producer's brand or for which that producer has responsibility, that will be placed on the market in the functional area of the local authority over the period for which the renewal of registration applies, and

4. (ii) the number of end-of-life vehicles, of that producer's brand or for which that producer has responsibility, that will arise in the functional area of the local authority over the period for which the renewal of registration applies.

5. The name, address, telephone number, fax number, electronic mail address and waste permit number or waste licence number, as appropriate, for each authorised treatment facility in the functional area of the local authority that will be incorporated into the producer's national collection system.

Name:

Address:

Telephone No.:

Fax No.:

E-mail:

Waste Permit No.:

Waste Collection Permit No.: (if applicable)

1. Having regard to experience in the preceding registration period-

2. (a) the average and longest distance (in kilometres) that registered owners of end-of-life vehicles, of that producer's brand or for which that producer has responsibility, had to travel in order to deposit end-of-life vehicles at an authorised treatment facility in the functional area of the local authority that is, or as appropriate,

3. (b) an estimate of the average and maximum distance (in kilometres) that the registered owner of an end-of-life vehicle, of that producer's brand or for which that producer has responsibility, would have to travel in order to deposit that end-of-life vehicle at an additional authorised treatment facility in the functional area of the local authority that will be

incorporated into the producer's national collection system.

1. Having regard to experience in the preceding registration period a signed declaration from the producer demonstrating that the authorised treatment facility, or facilities as the case may be, in the functional area of the local authority has and will continue to have sufficient capacity to treat the actual number of specified vehicles, of that producer's brand or for which that producer has responsibility, that are likely to become end-of-life vehicles in the functional area of the local authority over the period for which the renewal of registration applies.

2. A revised three-year implementation plan, having regard to experience in the preceding registration period, specifying the measures to be taken by the producer 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 local authority.

3. A signed declaration by the producer to confirm that the materials and components of specified vehicles, of that producer's brand or for which that producer has responsibility, that will be put on the market in the functional area of the local authority do not contain lead, mercury, cadmium or hexavalent chromium other than in the cases specified in the Fourth Schedule to these Regulations.

4. A report specifying the steps taken by the producer 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 steps.

5. 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.

6. A signed declaration by the producer undertaking that the producer will not 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, 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.

7. Copies of all notices published, clearly indicating the date and title of the relevant newspaper(s) in which those notices were published, in the functional are of the local authority.

PART 3 INFORMATION TO BE PROVIDED IN AN IMPLEMENTATION PLAN

1. Name(s), address, telephone number, electronic mail address and fax number of the registered office or, if not a company, the principal place of business, of the producer.

2. Location of premises at or from which specified vehicles, of that producer's brand or for which that producer has responsibility, are, or will be, placed on the market in the functional area of the local authority.

3. An accurate estimation of -

   • (i) the number of specified vehicles, of that producer's brand or for which that producer has responsibility, that will be placed on the market in the functional area of the local authority over the period for which the registration applies, and

   • (ii) the number of end-of-life vehicles, of that producer's brand or for which that producer has responsibility, that will arise in the functional area of the local authority over the period for which the registration applies, together with

   a detailed description of the methodology used to determine such estimations.

   1. The name, address, telephone number, fax number, electronic mail address and waste permit number or waste licence number, as appropriate, for each authorised treatment facility in the functional area of the local authority that will be incorporated into the producer's national collection system, together with proposals on how the producer intends to establish and monitor the operation of such a national collection system.

   2. The name, address, telephone number, fax number, electronic mail address and waste permit number or waste licence number, as appropriate, for each authorised treatment facility in the functional areas of neighbouring local authorities that will be incorporated into the producer's national collection system.

   3. Proposals in relation to the measures the producer will take to ensure that the producer's national collection system will have sufficient capacity to treat the actual number of that producer's specified vehicles that are likely to become end-of-life vehicles in each of the given years to which the implementation plan applies.

   4. An accurate estimation of the average and longest distance (in kilometres) that registered owners of end-of-life vehicles, of that producer's brand or for which that producer has responsibility, will have to travel in order to deposit end-of-life vehicles at an authorised treatment facility in the functional area of the local authority together with a detailed description of the methodology used to determine such an estimation.

   5. Proposals in relation to the measures the producer will take to ensure that no charge is imposed on the registered owner of an end-of-life vehicle, in accordance with the provisions of article 9(9), of that producer's brand or for which that producer has responsibility, deposited at an authorised treatment facility which forms a part of the producer's national collection system in the functional area of the local authority.

   6. Proposals in relation to the measures the producer will take to ensure that each authorised treatment which forms a part of the producer's national collection system in the functional area of the local authority, meets the minimum technical requirements in accordance with article 14 and the Second Schedule of these Regulations.

   7. Proposals in relation to the measures the producer will take 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 forms a part of the producer's national collection system, is treated in accordance with article 15 and the Second Schedule of these Regulations.

   8. A brief description of the technical documentation that the producer can make available to demonstrate that the materials and components of specified vehicles, of that producer's brand or for which that producer has responsibility, which that producer has put on the market in the State do not contain lead, mercury, cadmium or hexavalent chromium except in the cases specified in accordance with article 28 and the Fourth Schedule of these Regulations.

   9. A brief description of the technical documentation that the producer can make available to demonstrate that component and material coding standards are being used to facilitate the identification of those components and materials which are suitable for reuse and recovery in accordance with article 30 and the Fifth Schedule of these Regulations, for specified vehicles of that producer's brand or for which that producer has responsibility, which that producer has put on the market in the State.

   10. A brief description of the dismantling information that the producer can make available 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 to authorised treatment facilities who so request.

   11. Proposals in relation to record keeping, in accordance with article 13 of these Regulations and the form specified by the Minister for the purpose of complying with this article, to facilitate the reporting of the reuse/recovery and reuse/recycling targets achieved by authorised treatment facilities which form a part of the producer's national collection system.

   PART 4 INFORMATION TO BE PROVIDED IN A REPORT

   1. Name(s), address, telephone number, electronic mail address and fax number of the registered office or, if not a company, the principal place of business, of the producer.

   2. Location of premises at or from which specified vehicles, of that producer's brand or for which that producer has responsibility, are, or will be, placed on the market in the functional area of the local authority.

   3. A description of -

   4. (i) the number of specified vehicles, of that producer's brand or for which that producer had responsibility, that were be placed on the market in the functional area of the local authority over the period for which the previous registration applied, and

   5. (ii) the number of end-of-life vehicles, of that producer's brand or for which that producer had responsibility, that arose in the functional area of the local authority over the period for which the previous registration applied.

   6. The name, address, telephone number, fax number, electronic mail address and waste permit number or waste licence number, as appropriate, for each authorised treatment facility in the functional area of the local authority that was incorporated into the producer's national collection system, together with the number of end-of-life vehicles of that producer's brand or for which that producer has responsibility, treated in each of those authorised treatment facilities over the period for which the previous registration applied.

   7. The name, address, telephone number, fax number, electronic mail address and waste permit number or waste licence number, as appropriate, for each authorised treatment facility that was incorporated into the producer's national collection system in the functional areas of neighbouring local authorities, together with the number of end-of-life vehicles (if any), of that producer's brand or for which that producer had responsibility, treated in each of those neighbouring authorised treatment facilities over the period for which the previous registration applied.

   8. The results of all measures taken by the producer to ensure that the producer's national collection system had sufficient capacity over the period for which the previous registration applied to treat the actual number of that producer's specified vehicles that became end-of-life vehicles in that period.

   9. A description of the average and longest distance (in kilometres) that registered owners of end-of-life vehicles, of that producer's brand or for which that producer has responsibility, had to travel in order to deposit end-of-life vehicles at an authorised treatment facility in the functional area of the local authority over the period for which the previous registration applied.

   10. The results of all measures the producer took to ensure that no charge was imposed on the registered owner of an end-of-life vehicle, in accordance with the provisions of article 9(9), 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 system in the functional area of the local authority over the period for which the previous registration applied.

   11. The results of all measures the producer took to ensure that each authorised treatment facility which formed a part of the producer's national collection system in the functional area of the local authority, met the minimum technical requirements in accordance with article 14 and the Second Schedule of these Regulations over the period for which the previous registration applied.

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

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

   14. The number of applications (if any) received for copies of the technical documentation that the producer can make available to demonstrate that component and material coding standards are being used to facilitate the identification of those components and materials which are suitable for reuse and recovery in accordance with article 30 and the Fifth Schedule of these Regulations, for specified vehicles of that producer's brand or for which that producer has responsibility, which that producer has put on the market in the State over the period for which the previous registration applied.

   15. 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.

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

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

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

4. (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,

5. (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,

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

7. (d) state the following -

“

WASTE MANAGEMENT ACTS 1996 TO 2005

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

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

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

“

WASTE MANAGEMENT ACTS 1996 TO 2005

[Name of producer]

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

SECOND SCHEDULE

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

1. The storage (including temporary storage) of an end-of-life vehicle prior to its being the subject of appropriate treatment and recovery shall only be carried out at a site:

2. having impermeable surfaces in all appropriate areas which are provided with spillage collection facilities, decanters and cleanser-degreasers, and

3. provided with equipment for the treatment of water, including rainwater, in compliance with health and environmental regulations.

4. The appropriate treatment and recovery of an end-of-life vehicle shall only be carried out at a site:

5. having impermeable surfaces in all appropriate areas which are provided with spillage collection facilities, decanters and cleanser-degreasers;

6. provided with appropriate storage for dismantled spare parts, including impermeable storage for oil-contaminated spare parts;

7. provided with appropriate containers for storage of batteries (with electrolyte neutralisation on-site or elsewhere), filters and PCB-containing condensers, and as appropriate, PCT-containing condensers;

8. provided with appropriate storage tanks for the segregated storage of end-of-life vehicle fluids which may include fuel, motor oil, gearbox oil, transmission oil hydraulic oil, cooling liquids, anti-freeze, brake fluids, battery acids, air conditioning system fluids and any other fluid contained in the end-of-life vehicle;

9. provided with equipment for the treatment of water, including rainwater, in compliance with health and environmental regulations;

10. having appropriate storage for used tyres, without excessive stockpiling, which is designed and operated to minimise the risk of fire and potential fire hazards.

11. Treatment operations for the depollution of end-of-life vehicles shall consist of:

12. the removal of the battery, or as appropriate, batteries;

13. the removal of the liquefied gas tank;

14. the removal or neutralisation of all potential explosive components (including air bags);

15. the removal and separate collection and storage of all fuel, motor oil transmission oil, gearbox oil, hydraulic oil, cooling liquids, anti-freeze, brake fluids, air conditioning system fluids and any other fluid contained in the end-of-life vehicle, unless they are necessary for the reuse of the parts concerned;

16. the removal, insofar as it is feasible, of all components identified as containing mercury.

17. To promote the recycling of end-of-life vehicles, where an article or material listed hereunder is first present in an end-of-life vehicle, no treatment of that vehicle shall prevent the removal of:

18. the catalyst, or as appropriate, catalysts,

19. all metal components containing copper, aluminium and magnesium if these metals are not segregated in the shredding process,

20. tyres and large plastic components (including bumpers, dashboard and any fluid containers) if these materials are not segregated in the shredding process in such a way that they can be effectively recycled as materials,

21. glass,

and where any such article or material is removed, it shall be carried out in such manner so as to best promote its recycling.

1. Storage operations are to be carried out in such manner so as to avoid damage to:

2. components containing fluids;

3. recoverable components;

4. spare parts.

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

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

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

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

4. Date of issue of the certificate of destruction.

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

6. Class of vehicle, brand and model.

7. Vehicle identification number (chassis).

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

FOURTH SCHEDULE

MATERIALS AND COMPONENTS EXEMPT FROM ARTICLE 28

Materials and Components	Materials and Components	Scope and expiry date of the exemption	To be labelled or made identifiable in accordance with article 30
Lead as an alloying element	Lead as an alloying element	Lead as an alloying element	Lead as an alloying element
1.	Steel for machining purposes and galvanised steel containing up to 0.35% by weight
2(a).	Aluminium for machining purposes with a lead content up to 1.5% by weight	1 July 2008
2(b).	Aluminium for machining purposes with a lead content up to 0.4% by weight
3.	Copper alloy containing up to 4% lead by weight
4.	Bearing shells and bushes	1 July 2008
Lead and lead compounds in components	Lead and lead compounds in components	Lead and lead compounds in components	Lead and lead compounds in components
5.	Batteries		X
6.	Vibration dampers		X
7(a)	Vulcanising agents and stabilisers for elastomers in fluid handling and powertrain applications containing up to 0.5% lead by weight	1 July 2006
7(b).	Bonding agents for elastomers in powertrain applications containing up to 0.5% lead by weight
8.	Solder in electronic circuit boards and other electric applications		X14
9.	Copper in friction materials of brake linings containing more than 0.4% lead by weight	1 July 2007	X
10.	Valve seats	Engine types developed before 1 July 2003: 1 July 2007
11.	Electrical components which contain lead in a glass or ceramic matrix compound except glass in bulbs and glaze of spark plugs		X15 (for components other than piezo in engines)
12.	Pyrotechnic initiators Materials and Components	Vehicles type-approved before 1 July 2006 and replacement initiators for these vehicles Scope and expiry date of the exemption	To be labelled or made identifiable in accordance with article 30
Hexavalent chromium	Hexavalent chromium	Hexavalent chromium	Hexavalent chromium
13(a).	Corrosion preventive coatings	1 July 2007
13(b).	Corrosion preventive coatings related to bolt and nut assemblies for chassis applications	1 July 2008
14.	Absorption refrigerators in motorcaravans		X
Mercury	Mercury	Mercury	Mercury
15.	Discharge lamps and instrument panel displays		X
Cadmium	Cadmium	Cadmium	Cadmium
16.	Thick film pastes	1 July 2006
17.	Batteries for electrical vehicles	After 31 December 2008, the placing on the market of NiCd batteries shall only be allowed as replacement parts for vehicles put on the market before this date	X
18.	Optical components in glass matrixes used for Driver Assistance Systems	1 July 2007	X

Notes:

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

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

FIFTH SCHEDULE

NOMENCLATURE OF COMPONENT AND MATERIAL CODING STANDARDS

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

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

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

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

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

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

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

	Given under the Official Seal of the Minister for the Environment, Heritage and Local Government this 31^st day of May 2006
	DICK ROCHE _________ Minister for the Environment, Heritage and Local Government.

EXPLANATORY NOTE

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

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

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

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

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

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

In Part IV of the Regulations, obligations are imposed on producers to ensure that the materials and components of vehicles do not contain lead, mercury, cadmium or hexavalent chromium other than in cases specified in the Fourth Schedule and that technical documentation must be made available by the producer to verify compliance with these requirements.

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

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

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

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

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

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

Footnotes