The End-of-Life Vehicles Regulations 2003
2003 No. 2635
ENVIRONMENTAL PROTECTION
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 designated1for the purposes of section 2(2) of the European Communities Act 19722in 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)
(a) in Great Britain, on 3rd November 2003 in respect of Parts I to VI;
(b)
(b) in England and Wales, on 3rd November 2003 in respect of Part VII;
(c)
(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)
(a) save in respect of Part VII, to the United Kingdom; and
(b)
(b) in respect of Part VII, to England and Wales.
Interpretation
2. In these Regulations—
“the Directive” means Directive 2000/53/ECof the European Parliament and of the Council on end-of-life vehicles3;
“authorised treatment facility” means any establishment or undertaking carrying out treatment operations which holds a site licence that meets the requirements of Part VII and Schedule 5 to these Regulations in compliance with Article 6 of the Directive and Articles 9, 10 and 11 of the Waste Directive;
“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” means a State which is a contracting party to the EEA Agreement; and the EEA Agreement means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the protocol signed at Brussels on 17th March 1993;
“end-of-life vehicle” means a vehicle which is waste within the meaning of Article 1(a) of the Waste Directive;
“hazardous substance” means any substance which is considered to be dangerous under Directive 67/548/EEC4;
“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 a member State;
“recovery” means any of the applicable operations provided for in Annex IIB to 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 Annex IIA to Council Directive 70/156/EECrelating to the type-approval of motor vehicles and their trailers5, and three wheel motor vehicles as defined in Council Directive 92/61/EECrelating to the type-approval of two or three wheel motor vehicles6, but excluding motor tricycles; and
“the Waste Directive” means Council Directive 75/442/EC7on waste.
PART II
Application
Vehicles and End-of-Life Vehicles to which these Regulations apply
3.—(1) These Regulations apply to vehicles and end-of-life vehicles including their components and materials.
(2) Part VII applies also to waste motor vehicles as defined in regulation 50.
(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 Community or domestic provisions.
Existing Community legislation and relevant national legislation
4. Nothing in these Regulations shall affect the application of existing Community legislation and relevant national 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 which are outside the scope of Directive 70/156/EC, regulations 14 to 26 inclusive shall not apply.
PART III
Design Requirements
Prohibition on heavy metals
6. A producer shall ensure that materials and components of vehicles put on the market do not contain lead, mercury, cadmium or hexavalent chromium except in the cases listed in Schedule 1 to these Regulations.
Requirement for technical documentation
7. A producer shall at the request of the enforcement authority submit technical documents or other information showing that the materials and components of vehicles put on the market comply with the requirements of regulation 6 and Schedule 1.
8. A producer shall ensure that he keeps the information necessary for him to submit to the enforcement authority the documents referred to in regulation 7 for a period of four years from the date that he puts 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)
(a) regulation 6;
(b)
(b) regulation 7; and
(c)
(c) regulation 8
it may serve a compliance notice on the producer.
(2) A compliance notice which is served under paragraph (1) shall—
(a)
(a) state that the enforcement authority suspects a requirement of this Part of the Regulations has been contravened;
(b)
(b) specify the reason it is suspected that a requirement of this Part of the Regulations has been contravened and give particulars thereof;
(c)
(c) require the producer 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)
(d) specify the period of time within which the producer must comply with the notice issued by the enforcement authority; and
(e)
(e) warn the producer 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)
(a) on summary conviction to a fine not exceeding the statutory maximum; or
(b)
(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
12.—(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)
(a) to the act or default of another; or
(b)
(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...
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