The End-of-Life Vehicles Regulations 2003

Made: 8th October 2003

Laid before Parliament: 10th October 2003

Coming into force in accordance with Regulation 1(2)

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in respect of measures relating to the prevention, reduction and elimination of pollution caused by waste and in respect of matters relating to the prevention of waste from vehicles and forms of recovery of end-of-life vehicles and their components, in exercise of the powers conferred on her by that section, hereby makes the following Regulations:

PART I — General

Citation, commencement and extent

1

• (1) These Regulations may be cited as the End-of-Life Vehicles Regulations 2003.

• (2) These Regulations shall come into force—

• (a) in Great Britain, on 3rd November 2003 in respect of Parts I to VI;

• (b) in England and Wales, on 3rd November 2003 in respect of Part VII;

• (c) in Northern Ireland—

• (i) on 3rd November 2003 in respect of Parts I to IV; and

• (ii) on 31st December 2003 in respect of Parts V and VI.

• (3) These Regulations extend—

• (a) save in respect of Part VII, to the United Kingdom; and

• (b) in respect of Part VII, to England and Wales.

Interpretation

2

In these Regulations—

• “the Directive” means Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles, as last amended by Commission Delegated Directive (EU) 2020/363;

• “authorised treatment facility” means any establishment or undertaking carrying out treatment operations which holds—in England or Wales, an environmental permit authorising those operations granted under regulation 13(1) of the Environmental Permitting (England and Wales) Regulations 2016;in Scotland, a site licence that complies with the relevant provisions of regulation 3 to 6 of the End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003 or a permit issued under regulation 13 of the Pollution Prevention and Control (Scotland) Regulations 2012;in Northern Ireland—a site licence that meets the requirements of regulation 26 of, and Schedule 5 to, the Waste Management Licensing Regulations (Northern Ireland) 2003;a permit granted under regulation 10 of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;

• “certificate of compliance” means the certificate referred to in Part VI of these Regulations;

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

• “compliance notice” means a notice in writing served in accordance with regulation 9 or 21, as the case may be;

• “dismantling information” means all information required for the correct and environmentally sound treatment of end-of-life vehicles;

• “an EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978;

• “end-of-life vehicle” means a vehicle which is waste within the meaning of Article 3(1) of the Waste Directive , as read with Articles 5 and 6 of that Directive;

• “enforcement authority” means any person mentioned in regulation 25;

• “enforcement officer”, in relation to an enforcement authority, means a person authorised in writing to assist the authority in carrying out its functions under or for the purposes of the enforcement of these Regulations, except in relation to an enforcement authority which is a government department where it means an officer of that department;

• “hazardous substance” means any substance which fulfils the criteria for any of the following hazard classes or categories set out in Annex I of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16th December 2008 on classification, labelling and packaging of substances and mixtures—hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F;hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10;hazard class 4.1; andhazard class 5.1;

• “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” means the vehicle manufacturer or the professional importer of a vehicle into the United Kingdom;

• “recovery” means any of the applicable operations provided for in Annex 2 to the Waste Directive;“recovery” has the meaning given by Article 3(15) of the Waste Directive;

• “recycling” means the reprocessing in a production process of waste materials for the 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 recovery of the heat;

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

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

• “vehicle” means—any vehicle designated as category M₁ or N₁ defined in Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles; andthree-wheel motor vehicles within the meaning of Article 4 and Annex 1 of Regulation (EU) No 168/2013 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles as it may be amended from time to time, but excluding any vehicle of category L5e; and

• “the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851 , and read in accordance with regulation 2A .

PART II — Application

Vehicles and End-of-Life Vehicles to which these Regulations apply

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• (1) These Regulations apply to vehicles and end-of-life vehicles including their components and materials.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Notwithstanding regulation 38(2), the Regulations shall apply irrespective of how the 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 ... domestic provisions.

• (4) These Regulations do not apply to three-wheel motor vehicles.

• (5) With effect from 31st December 2006, regulations 37 to 43 of these Regulations shall cease to apply.

Existing Community legislation and relevant national legislation

4

Nothing in these Regulations shall affect the application of any other relevant legislation, in particular as regards safety standards, air emissions and noise controls and the protection of soil and water.

Application to vehicles produced in small series

5

Where a producer only makes or imports vehicles to which Articles 42 and 43 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles applies, regulations 16 to 26 shall not apply.

PART III — Design Requirements

Prohibition on heavy metals

6

A person who puts on the market materials and components of vehicles shall ensure that they do not contain lead, mercury, cadmium or hexavalent chromium except in the cases listed in Annex II to the Directive, as that Annex is amended from time to time.

Requirement for technical documentation

7

A person who puts on the market materials and components of vehicles shall at the request of an enforcement authority submit technical documents or other information showing that those materials and components comply with the requirements of regulation 6.

8

A person who puts on the market materials and components of vehicles shall ensure that they keep the information necessary for them to submit to the enforcement authority the documents referred to in regulation 7 for a period of 4 years from the date that they put the materials and components on the market.

Compliance Notice

9

• (1) Where the enforcement authority has reasonable grounds for suspecting that any or all of the requirements of the following regulations have not been complied with—

• (a) regulation 6;

• (b) regulation 7; and

• (c) regulation 8

it may serve a compliance notice on the person suspected of the non-compliance.

• (2) A compliance notice which is served under paragraph (1) shall—

• (a) state that the enforcement authority suspects a requirement of this Part of the Regulations has been contravened;

• (b) specify the reason it is suspected that a requirement of this Part of the Regulations has been contravened and give particulars thereof;

• (c) require the person to whom notice is given—

• (i) to comply with the requirements of the Regulations where it is suspected that he is in breach; or

• (ii) to provide evidence to the satisfaction of the enforcement authority that the requirements of the Regulations have been met;

• (d) specify the period of time within which the person must comply with the notice issued by the enforcement authority; and

• (e) warn the person that unless the requirement is complied with, or satisfactory evidence has been provided within the period specified in the notice, he may be prosecuted under regulation 10.

Offences

10

Any person who contravenes a requirement of regulation—

• (a) 6;

• (b) 7; or

• (c) 8

shall be guilty of an offence.

Penalties

11

• (1) A person guilty of an offence under regulation 10 (a) shall be liable—

• (a) on summary conviction to a fine not exceeding the statutory maximum; or

• (b) on conviction on indictment to a fine.

• (2) A person guilty of an offence under regulation 10 (b) or (c) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Defence of due diligence

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• (1) Subject to the following provisions of this regulation, in proceedings against any person for an offence under regulation 10 it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

• (2) Where in any proceedings against any person for such an offence the defence provided by paragraph (1) involves an allegation that the commission of the offence was due—

• (a) to the act or default of another; or

• (b) to reliance on information given by another,

that person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings (or, in Scotland, the trial diet), he has served a notice under paragraph (3) on the person bringing the proceedings.

• (3) A notice under this paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.

• (4) It is hereby declared that a person shall not be entitled to rely on the defence provided by paragraph (1) by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular—

• (a) to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and

• (b) to whether he had any reason to disbelieve the information.

Liability of persons other than the principal offender

13

• (1) Where the commission by any person of an offence under regulation 10 is due to the act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.

• (2) Where a body corporate is guilty of an offence under Part III of these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

• (3) Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

• (4) In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner and any reference to a person purporting to act in such capacity shall be construed accordingly.

PART IV — Information requirements

Coding Standards

14

A producer shall use the material and component coding standards referred to in regulation 15 to facilitate the identification of those materials and components suitable for reuse and recovery.

15

For the purposes of regulation 14, “material and component coding standards” means the nomenclature of the material and component coding standards for end-of-life vehicles set out in Schedule 2.

16

A producer shall at the request of the enforcement authority submit information showing that material and component coding standards have been used.

17

A producer shall ensure that he keeps the information necessary for him to comply with a request from the enforcement authority to submit the information referred to in regulation 16 for a period of four years from the date that he puts the materials and/or components on the market.

Dismantling Information

18

• (1) A producer shall—

• (a) provide dismantling information for each type of new vehicle put on the market within six months after the date that vehicles of that type are first put on the market;

• (b) at the request of the enforcement authority submit to it the dismantling information referred to in paragraph (1) (a).

• (2) The dismantling information shall identify, in so far as it is needed by treatment facilities, the different materials and components of the vehicle, and the location of all hazardous substances in the vehicle in order to achieve the following objectives —

• (a) the reuse of components which are suitable for reuse;

• (b) the recovery of components which cannot be reused; and

• (c) giving preference to recycling when environmentally viable,

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

19

• (1) A producer of components used in vehicles shall make available to authorised treatment facilities upon request from those facilities information concerning dismantling, storage and testing of components which can be reused.

• (2) The obligation in paragraph (1) is without prejudice to any duty of confidence in respect of industrial or commercial information apart from that imposed by these Regulations.

Reporting and Information

20

• (1) A producer shall publish information on—

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

• (b) the environmentally sound treatment of end-of-life vehicles 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;

• (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.

• (2) A producer shall—

• (a) make the information referred to in regulation 20(1) accessible to prospective buyers of vehicles; and

• (b) include the information referred to in regulation 20(1) in promotional literature used in the marketing of new vehicles.

Compliance Notice

21

Where an enforcement authority has reasonable grounds for suspecting that any or all of the requirements of the following regulations have not been complied with—

• (a) regulation 16;

• (b) regulation 18; and

• (c) regulation 20

it may serve a compliance notice on the producer.

22

A notice which is served under regulation 21 shall—

• (a) state that the enforcement authority suspects that a requirement of this Part of the Regulations has been contravened;

• (b) specify the reason it is suspected that a requirement of this Part of the Regulations has been contravened and give particulars thereof;

• (c) require the producer to comply with the requirement;

• (d) specify the period of time within which the producer must comply with therequirement; and