Waste Management (End of Life Vehicles) Regulations, 2003 What is the current legal situation and how will these Regulations change things Legal Consultants MEPA DRAFT REGULATIONS ON END OF LIFE VEHICLES Public Consultation

These draft Regulations were published in the Government Gazette on the 26 th August 2003, and are subject to a four week consultation period in accordance with the provisions of article 10(1) of the Environment Protection Act (the Act). DRAFT REGULATIONS ON END OF LIFE VEHICLES Public Consultation

Current legislation: Deposit of Wastes and Rubble (Fees) Regulations [L.N. 128/97] Vehicle Licensing Regulations which permit the police to tow away vehicles which are abandoned Other regulations regulating safety standards, air emissions, noise controls and the protection of water (the Regulations apply without prejudice to such other regulations r. 3(2)); The Development Planning Act – unauthorised change of use of land into a scrap yard constitutes illegal development Fertile Soil (Preservation) Act [Act 29/1973 Chapter 236] Section 3 of the Act prohibits any person from depositing on fertile soil any object r objects having an area larger than 2m 2 DRAFT REGULATIONS ON END OF LIFE VEHICLES Public Consultation

The scope of the Regulations is to provide additional measures, procedures and guidance to those in the Waste Management (Permit and Control) Regulations of 2001 (L.N. 337 of 2001). Most of the provisions of the Regulations are enabling provisions which require further guidelines and directives for their direct implementation. DRAFT REGULATIONS ON END OF LIFE VEHICLES Public Consultation

The scope of the Waste Management Regulations is to control all operations relating to the production and management of waste and to promote sound waste management practices so as to safeguard human health and the environment. Regulation 4 of the Waste Management Regulations imposes an obligation on the Competent Authority to seek to ensure that waste is produced and managed without endangering human health and harming the environment and in particular:  Without risk to water, air, soil, plants and animals;  Without causing a nuisance through noise or odours;  Without adversely affecting the countryside or places of special interest or value. DRAFT REGULATIONS ON END OF LIFE VEHICLES Public Consultation

Duty of care of waste holders – regulation 7 of the Waste Management Regulations: Any holder of waste ….. is jointly and severally responsible for managing the waste, and for ensuring that it is managed in accordance with the Waste Management Regulations and the conditions attached to any permit DRAFT REGULATIONS ON END OF LIFE VEHICLES Public Consultation

Definitions: “end of life vehicle” means a vehicle which is waste “Vehicle” is defined in the Regulations as meaning any motor vehicle used for the carriage of passengers and comprising no more than eight seats in addition to the driver’s seat and having a maximum weight not exceeding five metric tonnes, vehicles used for the carriage of goods and having a maximum weight not exceeding 3.75 metric tonnes intended for use on the road, and three-wheel motor vehicles, but excluding motor tricycles. DRAFT REGULATIONS ON END OF LIFE VEHICLES Public Consultation

Definitions: “end of life vehicle” means a vehicle which is waste “Waste” is defined in the Waste Management Regulations as meaning, any thing, substance, product or object, whether in solid or liquid form, whether hazardous or otherwise ….. which the holder discards, or intends, or is required to discard, or any other which is deemed to be waste by the competent authority “Waste” is furthermore defined in the Act as meaning any thing, substance or object which the holders discards or intends to discard, or is required to keep in order to discard, and includes such other thing, substance or object as the Minister may prescribe DRAFT REGULATIONS ON END OF LIFE VEHICLES Public Consultation

Definitions: “economic operators” means: producers, [ means vehicle manufacturer or the importer of a vehicle] distributors, collectors, motor vehicle insurance companies, dismantlers, shredders, recoverers, recyclers, and other treatment operators of end of life vehicles, including their components and materials DRAFT REGULATIONS ON END OF LIFE VEHICLES Public Consultation

Definitions: “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 end of life vehicle and its components. DRAFT REGULATIONS ON END OF LIFE VEHICLES Public Consultation

Applicability and Exemptions: The Regulations apply to vehicles and end of life vehicles including their components and materials. Certain provisions of the Regulations do not apply to certain vehicles: Special-purpose vehicles (as defined in the Regulations) shall be excluded from the provisions of regulation 8 – Coding Standards dismantling information; Three-wheel motor vehicles (as defined in the Regulations) shall be excluded from all the provisions of these Regulations except for regulation 6(1), 6(2) and 7. DRAFT REGULATIONS ON END OF LIFE VEHICLES Public Consultation

Note distinction in phraseology used:  Regulation 4(a) and 4(c) [prevention] refer to vehicle manufacturers  Regulations 5(a) [collection] and 7 [reuse and recovery] refer to economic operators, whereas regulation 9 [reporting and information] refers to the relevant economic operators  Regulations 5(5) [costs of collection] and 8(1) and 8(2) [Coding standards dismantling information] refer to producers;  Regulation 6 [permitting and operating of treatment facilities] refers to treatment facilities;  Regulation 8(3) [Coding standards dismantling information] refers to manufacturers of components used in vehicles; DRAFT REGULATIONS ON END OF LIFE VEHICLES Public Consultation

Regulation 9(2) – Agreements A novel method of enforcement and regulation; Allows flexible solutions for the management and implementation of the various rights and duties of the regulations; Direct enforceability by either party to the agreement DRAFT REGULATIONS ON END OF LIFE VEHICLES Public Consultation