Γιάννης Νικολαΐδης – ΤΗΜΥ Ministry of Communication and Works Department of Electrical and Mechanical Services Implementation of the ELV Directive and Overview of Legislation in Cyprus 15th June 2006 Costas Georgiou – DEMS cgeorgiou@ems.mcw.gov.cy Tel. +37522800525, Fax 22800401 22 Σεπτεμβρίου 2005 Γιάννης Νικολαΐδης – ΤΗΜΥ ynicolaides@ems.mcw.gov.cy Τηλ. 22800571, Φαξ 22800401

Scope of the Presentation and Contents Introduction – Directive philosophy Legal regime in Cyprus People involved Law analysis: Main points – Economic Operators Obligations – Options Targets – Time schedules – What happened until today How the Competent Authority plans to proceed Conclusions Questions – Comments – Discussion

Introduction – Directive philosophy Legislation comes under the chapter «Environment» Main characteristics: Determination of responsibilities of the Economic Operators “The pollutant pays" Determination of recycling targets. Progressive elimination of heavy metals in spare parts (lead, mercury, cadmium, chromium – piston's seats, batteries, weights of balancing of wheels, refrigerators, paste). Treatment of waste only from licensed installations. Availability of temporary storage places in sufficient number. Prevention – Planning for recycling. Establishment of «Certificate of Destruction» for vehicle deregistration.

Real facts in Cyprus Indicative numbers About 20.000 per year saloon E.L.V. are out of the circulation system (the number will reach 30.000 – 35.000 very soon). According to Informations: 70 – 80% of metals exported to Greece in steelworks for iron building recycling. The above happens with a delay of 3-5 years from the day that the vehicle is out of the system circulation. During this period the vehicle is abandoned in the countryside or streets or illegal stockyards. Small amount of liquids is collected and recycled. Where do the remaining materials go? : Possible areas Most of the liquids are channeled directly in the soil (the vehicle liquids destroy the water needed by 50 families in one year). A lot of solid waste goes to disposal areas - dumpsters (tires, fabrics,etc). Many in atmosphere (burned).

Legal regime in Cyprus The End of Life Vehicles Law of 2003 (L.157(I)/2003, published 3rd October 2003) The Motor Vehicles and Road Traffic (Amendment) Law of 2003, (L.146(I)/2003, published 3rd October 2003) Certificate of Destruction (Reg. 826/2004) The Solid and Hazardous Waste Law of 2002 (L.215(I)/2002, published 31/12/2002)

People involved - Private Sector (1) Economic Operators Producers manufacturers professional importers Distributors importer reseller Entities involved in the waste business sector collectors dismantlers shredders recoverers recyclers other treatment operators of end-of-life vehicles, including their components and materials Motor vehicle insurance companies. Persons and entities that benefit the most of the product have the responsibility to contribute the most for the minimization/elimination of the cost which this product brings to the environment and the society

People involved - Private Sector (2) «economic operators» means the producers, the distributors, the collectors, the motor vehicle insurance companies , the dismantlers the shredders, recoverers, recyclers and other treatment operators of end-of-life vehicles including their components and materials. «producer» means the manufacturer or the professional importer of the vehicle or the spare part. «distributor» means the professional distributor of the vehicle and the spare parts whether he imports these products or buys from the local market for reselling them. «manufacturer» means the manufacturer of the vehicle or spare parts or, his agent in the republic or, in case there is no agent the importer and in case there is no importer the person who puts the vehicle and the spare part into the Cyprus market.

People involved – Government Bodies (3) Competent Authority - Department of ElectroMechanical Services Capacity 30 engineers 70 technician engineers a few hundred technically oriented personnel Presence in Nicosia, Limassol, Pafos, Larnaka, Ammochostos with fully manned District Offices Cooperates with labs in Cyprus and Abroad Implements a budget of around £12 million (€20million) per year Essential Competency We do engineering design, purchase vehicles of all kinds, coordinate and do actual maintenance on cars and we do law enforcement Power (among others) Art 14 (1): Right to stop a truck and enter business premises to inspect Art 14 (2): Right to give notice requesting compliance within specified time and take measures if danger is present Anyone not complying with above is liable to a fine of £3,000 and 1 year imprisonment If non – compliance continues fines can go up to £200,000 and imprisonment to 5 years

People involved – Government Bodies (4) Environmental Services In its capacity for overall coordination on environmental issues. For the administration of the application of license for treatment of waste. For cooperation with the Competent Authority for the enforcement of certain provisions of the law. Local Authorities In their capacity for enforcement the Municipalities and Local Government Legislation – abandoned cars

Law analysis: Main points (1) The ELV Law of 2003 (L.157(I)/2003) Applies only to M1, N1 and tricycles but the Minister of C. & W. can establish more categories for which certain Articles of the law shall apply Specifies definitions eg ELV means the vehicle whose owner is discarding or intends to discard Sets out the obligations of – the Economic Operators the owners of the ELVs Specifies the requirements for receiving license to treat ELVs (Art. 7 and Annex I) Specifies requirements for the ELVs treatment process (Annex I) Sets reuse, recovery and recycling targets (Art. 10)

Law analysis: Main points (2) The Motor Vehicles Amendment Law, (L.146(I)/2003) Presentation of the Certificate of Destruction is a precondition for an ELV deregistration CoD is a proof of the total destruction of a vehicle The owner of the vehicle shall send the CoD to the Registrar Certificate of Destruction Order (P.I. 826/2004) Specifies the type of the Certificate of Destruction The Solid and Hazardous Waste Law of 2002 (L.215(I)/2002) Procedure for licensing treatment facilities Applications to be delivered to Environmental Services of the Ministry of Agricultural, Natural Resources and Environment. To be evaluated by the “Waste Management Advisory Committee” Provisions of Art. 7 and Annex I of ELV CY Law are considered as conditions for the possession of the relevant license

Law analysis: Economic Operators Obligations (1) The Economic operators – Ensure that there is sufficient number of temporary deposition spaces and treatment installations so that the vehicles supplied to the market (also applies to the vehicles already sold), to be delivered free of charge for treatment when these vehicles become ELV. They notify the competent authority for these spaces. Make sure that there is a system of communication through which the public can be informed for the law provisions and how to deliver the ELV. Publish and make available at the vehicles selling points information relating to – the design of the vehicle about their recycling ability, the correct, as far as the environment point of view, treatment of ELV, means of reuse, recycling and recovery, the dismantle of ELV (for use by the licensed treatment installations). Ensure that the specified targets for reuse, recycling and recovery are achieved.

Law analysis: Economic Operators Obligations (2) Heavy Metals (Applies directly) The use of lead, mercury, cadmium or chrome, in the construction elements of the vehicle, is forbidden. These heavy metals can only be used under conditions and within the time schedules. (refer to Appendix II of the law.) Recyclability (From 2010 – 2012) The vehicles will not be registered if they don’t have recyclability type approval according to the relevant European directive for achieving the targets for reuse, recycling and recovery. The owner of ELV can (and must) deliver the vehicle free of charge at the temporary deposition space or to the licensed treatment installation.

Law analysis: Main points – Economic Operators Obligations – Options The economic operators may, at their discretion, organize – Individual collection systems and ELV treatment installations or Collective systems. Individual system: Each one attends for himself.............. Collective system: The operators establish central operator that attends for all of them.

Targets – Time schedules – What happened until today (1) Priority Objectives Economic Operators set up systems for collection and licensed treatment of ELVs. Systems function smoothly. All ELVs are channeled through the systems. Heavy metal ban. Recyclability targets. So that ELVs are discarded without endangering the environment Parallel Objectives Involvement. awareness raising. availability of information. Prevention (Recyclability type approval). For sustainability and further improvement

Targets – Time schedules – What happened until today (2) The Economic Operators to create collection systems and licensed treatment installations. Implemented by the importers of new vehicles (with some exceptions) The rest to comply soon. The system to function smoothly Operates with problems. To be solved in 2006. All ELVs to channel through the system. Few of them are channeled. Target to increase the percentage up to 70% in 2006 and up to100% in 2007. Recycling targets At present not achieved. Target to achieve them by the end of 2006. Ban heavy metals At present not fully monitored. To start by the end of 2006.

Targets – Time schedules – What happened until today (3a) An applicable legal frame was established. A treatment facility was licensed and there are four temporary storage places. The importers of new vehicles signed contracts of cooperation with the licensed treatment facility. A system of communication with the public was established (telephone number for information – 77777978). Guide lines for dismantling and recycling were published by the manufacturers.

Targets – Time schedules – What happened until today (3b) Certificates of Destruction are being issued according to the legislation (few). The effort to inform the public for the existence of the ELV reception infrastructure has begun. The monitoring of the application of legislation has begun according to the deadline of the law (30/04/2005). Many warning letters have been sent and two cases were forwarded to the police for legal action.

How we plan to proceed (1) Supplementing of legislative frame Introduction of annual fine if an ELV is not deregistered with CoD. Regulations for recycling information (monitory Decision - targets). Other vehicle categories in the field of the law. Obligations of maintenance workshops. Documents required to prove that heavy metals ban is applied. Power of the competent authority to remove and send the abandoned ELV for treatment. Measures for law enforcement Visits to all illegal treatment installations and proceed with prosecutions. Cooperation with the Custom Authorities (Control of export products) Information to the public. Cleaning the country side - Massive operation.

The legal frame exceeds and it is implemented. Conclusions The legal frame exceeds and it is implemented. The time schedules for some issues have expired. The importers of used vehicles must take measures immediately. The competent authority cooperates, advise, guides and implements good administrative practice, BUT ALSO TAKES ALL NECESSARY MEASURES INCLUDING PROCECUTIONS to achieve full implementation of the law.