DIRECTORATE GENERAL FOR INTERNAL POLICIES
POLICY DEPARTMENT A: ECONOMIC AND SCIENTIFIC POLICY
ENVIRONMENT, PUBLIC HEALTH AND FOOD SAFETY
End of life vehicles: Legal aspects,
national practices and recommendations
for future successful approach
Study
Abstract
Available information on the implementation of the ELV Directive suggests that
there is still room for improvement regarding management of end-of-life
vehicles in Europe. The study evaluates and discusses fundamental aspects of
ELV management such as arisings, legal and illegal shipment, de-pollution and
recycling & recovery of end-of-life vehicles. Existing problems are described and
recommendations for improvements of the practical implementation are given.
IP/A/ENVI/ST/2010-07 October 2010
PE 447.507 EN
This document was requested by the European Parliament's Committee on Environment,
Public Health and Food Safety.
AUTHORS (all Umweltbundesamt GmbH)
Jürgen Schneider (Reviewer and Project Leader)
Brigitte Karigl (Task Manager)
Christian Neubauer
Maria Tesar
Judith Oliva
Brigitte Read (Proofreader)
RESPONSIBLE ADMINISTRATOR
Mr Lorenzo Vicario
Policy Department A
Economic and Scientific Policy
European Parliament
B-1047 Brussels
E-mail:
LINGUISTIC VERSIONS
Original: [EN]
ABOUT THE EDITOR
To contact the Policy Department or to subscribe to its newsletter please write to: Poldep-
________
Manuscript completed in October 2010.
Brussels, © European Parliament, 2010.
This document is available on the Internet at:
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DISCLAIMER
The opinions expressed in this document are the sole responsibility of the author and do
not necessarily represent the official position of the European Parliament.
Reproduction and translation for non-commercial purposes are authorized, provided the
source is acknowledged and the publisher is given prior notice and sent a copy.
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
Contents
LIST OF ABBREVIATIONS 5
LIST OF TABLES 6
LIST OF FIGURES 7
Executive summary 8
Executive summary 8
General information 15
1. Arising of ELVs 17
1.1. Legal background 17
1.2. Results 17
1.2.1. Automotive market 18
1.2.2. Statistics on ELVs 19
1.2.3. Statistics on used cars 20
1.3. Steps taken by the Commission Services to overcome problems 22
1.4. Conclusions & Recommendations 24
2. Concept of vehicle de-registration 25
2.1. Legal background 25
2.2. Results 26
2.2.1. Implementation of Article 5 (3) according to MS reporting 27
2.2.2. Additional information on the implementation of Article 5(3) 28
2.3. Steps taken by Commission Services to overcome problems 31
2.4. Conclusions & Recommendations 32
3. Legal and illegal shipment of ELVs 33
3.1. Legal background 33
3.2. Results 35
3.2.1. Legal shipment of ELVs and parts thereof 35
3.2.2. Shipment of second-hand cars 37
3.2.3. Illegal shipment of end-of life vehicles 42
3.3. Steps taken by Commission Services to overcome problems 43
3.4. Conclusions & Recommendations 45
4. De-pollution of ELVs 46
4.1. Legal background 46
4.2. Results 47
3
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
4.2.1. Materials removed from ELVs as reported by Member States 47
4.2.2. Removal of individual materials/components containing hazardous
substances 49
4.2.3. ELV-treatment facilities in Member States 52
4.2.4. Inspections of ELV treatment facilities 54
4.2.5. Contamination of shredder residues 54
4.3. Steps taken by Commission Services to overcome problems 55
4.4. Conclusions & Recommendations 55
5. Recycling and recovery of ELVs 56
5.1. Legal background 56
5.2. Results 56
5.2.1. Recycling and recovery rates achieved by the Member States 56
5.2.2. Recycling of materials crucial for achievement of the targets 60
5.3. Steps taken by Commission Services to overcome problems 65
5.4. Conclusions & Recommendations 65
6. Producer responsibility 67
6.1. Legal background 67
6.2. Results 68
6.2.1. Limitation of the use of hazardous substances 68
6.2.2. Systems for the collection of ELVs 68
6.2.3. Coding standards and information on dismantling 69
6.2.4. Vehicle design and the environmental sound management 69
6.3. Steps taken by Commission Services to overcome problems 69
6.4. Conclusions & Recommendations 70
References 71
Annex 74
4
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
LIST OF ABBREVIATIONS
ACEA European Automobile Manufacturers Association
ATF Autorized treatment facility
Category
M1
Vehicles designed and constructed for the carriage of passengers and
comprising no more than eight seats in addition to the driver's seat
Category
N1
Vehicles designed and constructed for the carriage of goods and having a
maximum mass not exceeding 3.5 tonnes (according to Directive
70/156/EEC)
CoD Certificate of Destruction
DIV Dienst Inschrijving Voertuigen
DVLA Driver and Vehicle Licensing Agency
EES Electrical & Electronic System
ELV End-of-life vehicle
EReg European Vehicle and Driver Registration Authorities
EUCARIS European Car and Driving Licence Information System
IDIS International Dismantling Information System
LGT Liquified gas tank
TFS Transfrontier Shipment
WSR Waste Shipment Regulation
5
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
LIST OF TABLES
Table 1
Problems and recommendations for successful approaches in the future 13
Table 2
Production of passenger cars in Europe 19
Table 3
Comparison of the numbers of ELVs and de-registered cars 20
Table 4
Classifications of vehicles and parts thereof 34
Table 5
End-of-life vehicles and parts thereof exported for further treatment. 36
Table 6
Exports of used cars in units 38
Table 7
Exports of used vehicles out of the EU in 2008 40
Table 8
Destinations of exported used cars in Africa in 2008 41
Table 9
Average price of imported used cars (exports from the EU) in 2008 41
Table 10
Removal of fluids from ELV in Belgium in 2009 as reported by FEBELAUTO 50
Table 11
Authorized ELV-treatment facilities 53
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End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
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LIST OF FIGURES
Figure 1: Development of the passenger car fleet and the ELV arisings 2007-2008 ......... 21
Figure 2 : Export of used cars between and out of the EU-27 (in units) ......................... 39
Figure 3 : Main destinations for used cars out of the EU-27 in 2008 (in units) ................ 40
Figure 4 : End of life vehicle or second-hand car? ...................................................... 43
Figure 5 : Removal of starter batteries from ELV 2008................................................ 48
Figure 6 : Removal of liquids (excluding fuels) from ELVs............................................ 48
Figure 7 : Recycling and recovery rates reported by the Member States for the reference
year 2006...................................................................................................... 57
Figure 8 : Recycling and recovery rates reported by the Member States for the reference
year 2007...................................................................................................... 58
Figure 9 : Recycling and recovery rates reported by the Member States for the reference
year 2008...................................................................................................... 58
Figure 10 : Removal and Reuse & Recycling of large plastic parts in the course of ELV
treatment in 2008........................................................................................... 61
Figure 11 : Removal and Reuse & Recycling of tyres in the course of ELV treatment in 2008
.................................................................................................................... 62
Figure 12 : Removal and Reuse & Recycling of glass in the course of ELV treatment in 2008
.................................................................................................................... 63
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Policy Department A: Economic and Scientific Policy
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EXECUTIVE SUMMARY
Directive 2000/53/EC on end-of life vehicles (ELV Directive), was published in the Official
Journal L269 on 21st October 2000. The main objectives include a) to make vehicle
dismantling and recycling more environmentally friendly, b) to set clear quantified targets
for reuse, recycling and recovery of vehicles and their components and c) to encourage
producers to manufacture new vehicles also with a view to their recyclability.
Up to now two implementation reports have been published, based on questionnaires
completed by Member States pursuant to Commission Decision 2001/753/EC. The reports
provide information on the transposition of Directive 2000/53/EC into national law and on
the practical implementation. The first report covers the period 2002-2005
(COM/2007/0618 final), the second the period 2005-2008 (COM/2009/0635 final). In
addition, annual data on the achievement of the targets for reuse/recycling and
reuse/recovery, which had to be reported under Commission Decision 2005/293/EC were
published by Eurostat (for the reference years 2006, 2007 and 2008 up to now).
There is evidence to suggest that some of the provisions of the Directive have not yet been
transposed fully or correctly, which is also indicated by the number of infringement cases
(in 2009, nine non-conformity cases and six cases for non-reporting were still pending).
1
Moreover, several problems regarding the implementation of the provisions of the ELV
Directive in practice, which are not always reflected in the official statistics, were identified.
This study evaluates and discusses fundamental aspects of end-of-life vehicle management
in Europe, describes existing problems and gives recommendations for improvements of
the practical implementation of the ELV Directive in Europe.
End-of-life vehicles arisings
The European Environment Agency estimated the number of end-of-life vehicles arising in
the EU-25 to be about 14 million in 2010, compared to 12.7 million in 2005
2
. This is a
number that differs significantly from the 6.2 million end-of-life vehicles in 2008 as
published by Eurostat and based on data reported by 24 Member States
3
.
Furthermore, there are gaps between the numbers of de-registered passenger cars and
end-of-life vehicles in many Member States. In most Member States the number of ELVs
represents more than 50% of the amount of de-registered passenger cars (e.g. Belgium,
Italy, Spain and the Netherlands). Thus, for those countries the gap between the number of
de-registered cars and ELVs is lower than 50%. In other Member States (e.g. Austria,
Denmark, Finland, Sweden) the gap is higher, and there is no detailed information available
on the further use of more than 50% of the de-registered cars.
A certain number of de-registered passenger vehicles are commercially exported as
second-hand cars. According to the COMEXT database, the official European Foreign Trade
Statistics, about 893,000 used cars were exported out of the EU by Member States in 2008.
1
European Commission (2009): Report on the Implementation of Directive 2000/53/EC on End-of-Life-Vehicles for
the period 2005-2008
2
ETC/RWM 2008: Projection of end-of-life vehicles (prepared for the European Environment Agency (EEA) under
its 2007 work programme as a contribution to the EEA's work on waste outlooks)
3
Eurostat (available at : http://epp.eurostat.ec.europa.eu/portal/page/portal/waste/data/wastestreams/elvs)
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End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
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The remaining gap can be accounted for by private exports of used cars (not registered in
COMEXT), illegal shipment of end-of-life vehicles (see paragraph below), illegal disposal
and by vehicles kept in garages in the country of de-registration.
To analyse the remaining gap and to find out if all end-of-life vehicles are accounted for, it
is crucial to differentiate between ELVs and used cars. The question of when a used car
ceases to be product and becomes waste according to the Waste Framework Directive
(2008/98/EC) is answered in different ways across EU Member States. As a consequence,
there are problems regarding the comparability of the reported data and in individual cases
regarding the answer to the question if a transboundary shipment of a vehicle is subject to
the provisions of the Waste Shipment Regulation No 1013/2006.
In order to analyse the gaps between reported figures on de-registered cars and the arising
on end-of-life vehicles it is necessary to have available data on the national vehicle
markets. However, this information is not yet available consistently for European Member
States. First steps to gather these data have been taken: The guidance document on “How
to report on end-of-life vehicles according to Commission Decision 2005/293/EC” (Draft
version, 20th April 2010) aims to enhance the quality of data on the national vehicle
market by Member States reportings (including the number of finally de-registered vehicles
and the number of exports of used vehicles).
In general, data quality and data availability on the national vehicle markets (including data
on de-registration of cars, import/export of used cars) should be improved, e.g. by
involving the Association of European Vehicle and Driver Registration Authorities (EReg)
and/or the European Car and Driving Licence Information System (EUCARIS).
Vehicle de-registration
There are different approaches to the de-registration of vehicles across European Member
States. In some countries (e.g. in Austria) a vehicle is de-registered as a rule with the
change of ownership of a car. In other countries (e.g. in the UK) vehicles are not de-
registered when ownership changes. In these countries, de-registration generally takes
place when the car owner wants to dispose of the vehicle. De-registered vehicles may be
re-registered and put back on the road only under exceptional circumstances and if prior
approval has been granted.
When a vehicle has become waste (end-of-life vehicle) additional requirements for de-
registration have to be met. Article 5 (3) of the ELV Directive requires Member States to set
up a system according to which the presentation of a certificate of destruction (CoD) is a
condition for de-registration of the end-of life vehicle. In 2009, twenty-one Member States
reported that they had implemented the condition to present a CoD for de-registering an
ELV
1
.
In some Member States (e.g. Austria, Finland) the number of issued CoDs is not equal to
the arisings of end-of-life vehicles. This might be due to the fact that a vehicle can be de-
registered before the car owner decides that his/her car becomes waste and thus an end-
of-life vehicle. There is an information gap regarding the whereabouts of de-registered
vehicles. To close this gap, information on the further use of a vehicle should be obtained
its de-registration (e.g. in the form of a declaration that there is no intention to dispose of
the vehicle, and stating whether the car owner intends to sell or export the vehicle or keep
it in a garage).
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Policy Department A: Economic and Scientific Policy
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To obtain more information on the whereabouts of vehicles on national markets the
Eurostat guidance document on “How to report on end-of-life vehicles according to
Commission Decision 2005/293/EC” suggests reporting the number of CoDs issued and the
numbers of final de-registrations per year. Member States should report the data as
suggested in the guidance document; this will allow better assessments as to whether full
implementation of Article 5 (3) has been achieved in practice.
Shipment of end-of-life vehicles
Compared to the arisings of end-of-life vehicles, the numbers of end-of-life vehicles that
are exported are low. According to data reported by 22 Member States in 2008, 260,000
tonnes of end-of-life vehicles and parts thereof were exported, which is an increase
compared to the reference year 2006 when these exports amounted to 88,000 tonnes
(data available for 19 Member States)
4
.
A considerable number of vehicles which are de-registered in the Member States are
exported as used cars. According to data from the COMEXT database (the official European
Foreign Trade Statistics
5
) the number of used cars shipped within the EU is slightly lower
(746,000 in 2006; 794,000 in 2008) than the number exported out of the EU (900,000 in
2006; 893,000 in 2008)
Furthermore there is evidence suggesting that considerable numbers of ELVs are exported
illegally from European Member States; predominantly to Africa and the Middle Eastern
countries. This is supported by several press reports as well as by the results of joint
activity inspections in the framework of an IMPEL-TFS project completed in 2008, where
several cases of illegal shipment of end-of-life vehicles were reported – mostly to African
countries
6
.
In countries with low average income in some European regions as well as outside the EU
there is a market for very cheap cars, often in bad condition or serving as a source of spare
parts. An important motive for illegal shipments of end-of-life vehicles is that the owner of
an old vehicle can make some profit (usually a few hundred Euros) when selling it to a car
dealer who ships it abroad, whereas there is usually no money to be made from disposing
of an ELV in the country of de-registration.
Effective action against illegal shipments of end-of-life vehicles is hampered by the fact that
there are differences in the interpretation of end-of-life vehicles and used cars, and the
distinction between them, in different countries. To address this problem the
Correspondents’ Guidelines No 9 (draft status), which outlines how the Waste Shipment
Regulation should be interpreted by all Member States, provides guidance on the distinction
between an end-of-life vehicle and a used car.
To reduce illegal shipments of end-of-life vehicles, inspections of transports within and out
of the EU should be intensified. Binding rules regarding the differentiation between end-of-
life vehicles and used cars at a European level would facilitate effective action against
illegal shipments of end-of-life vehicles.
4
Eurostat (available at : http://epp.eurostat.ec.europa.eu/portal/page/portal/waste/data/wastestreams/elvs)
5
http://www.fiw.ac.at/index.php?id=367
6
IMPEL-TFS End of Life Vehicles 2008: Vehicles for export Project ; Final report September 2008
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End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
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Furthermore, measures which make the disposal of an old vehicle in the country of de-
registration more attractive - such as refunds obtained in a deposit-refund system - would
help reduce illegal shipments of end-of-life vehicles.
De-pollution
Regarding de-pollution of end-of-life vehicles in Europe, two main aspects have to be
considered.
First, there is evidence suggesting that end-of-life vehicles are treated illegally in some
cases. However, the situation seems to be improving. This can also be seen from the fact
that, compared to 2005, the numbers of authorised treatment facilities have increased
significantly in some Member States (UK, BE, GR) in recent years.
Second, there is evidence suggesting that even in authorised treatment facilities de-
pollution is not in full compliance with the relevant requirements of the ELV Directive.
Liquids seem to be removed to a certain extent. Certain types of fluids or components such
as brake fluids, windscreen washer fluid, oil filters or shock absorbers, however, are not
always removed or de-polluted.
Usually little effort is put into the removal of components containing heavy metals, such as
Hg-containing display backlights or switches.
Lead-acid batteries are generally removed from end-of-life vehicles because lead may be
used as a source of income and because of constraints for the shredder-process if not
removed. Liquefied gas tanks and air bags are usually removed because of the well-known
risks for shredder plants.
In order to improve de-pollution of end-of-life vehicles, measures should be taken against
illegal waste car dismantlers and unauthorised treatment facilities (e.g. by stepping up
inspections by competent authorities in the Member States). Inspections of ELV treatment
plants should address the effectiveness of de-pollution adequately.
De-pollution of ELVs should lead to shredder residues with low contents of hazardous
substances. According to some available information on the composition of shredder
residues, it is in particular the content of hydrocarbons that indicates that the de-pollution
of end-of-life vehicles is not always sufficient. Comprehensive assessments of the quality of
ELV shredder residues at European level are recommended and would allow conclusions
about the effectiveness of the de-pollution of end-of-life vehicles.
Recycling and recovery
According to data published by Eurostat in 2008, 20 Member States achieved the
reuse/recycling target of 80% of the average ELV weight. Sixteen Member States met the
85% reuse/recovery target.
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Policy Department A: Economic and Scientific Policy
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However, the reported recycling and recovery rates are not always comparable and might
be overestimated. This is due to the following reasons:
The classification of technically identical treatment operations such as recycling,
recovery or disposal differs between Member States due to different national
interpretations. Backfilling, landfill construction and landfill cover, use of plastics in
blast furnaces are often considered differently in different Member States
Member States gather data in different ways and at different time intervals (e. g.
data on the quality & frequency of ELV treatment trials) and different methodologies
are applied for the calculation of recycling and recovery rates (e.g. how much of the
whole ELV treatment chain is considered)
The above factors can significantly influence the achievement of recycling and recovery
targets.
Evidence suggests that there is still room for improvement regarding the recycling and
recovery of ELV materials. Dismantling and subsequent material recycling of glass and
plastics for instance takes place in minor quantities in several Member States. Recovery of
glass after shredding, however, prevents glass recycling because of the bad quality of the
glass. Recovery of plastics from shredder residues is still limited to only a few Member
States. Whereas in some Member States post-shredder technology has been installed and
landfilling of shredder residues prohibited or made very expensive, several Member States
still deposit shredder residues on landfills.
To improve the comparability of recycling and recovery rates and to avoid market
distortions within the waste treatment industry, there is a need for binding rules for the
classification of particular treatment operations as “recycling”, “recovery” or “disposal”
across the EU. Furthermore, the harmonisation of data collections and the methodologies
applied for the calculation of recycling and recovery rates - as already mentioned by an
expert working group set up by the European Commission and Eurostat - is recommended.
In order to achieve an environmentally sound treatment of end-of-life vehicles it would be
useful, in addition to the overall recycling and recovery targets, to establish specific
treatment obligations for particular material streams, taking into account their overall
environmental impact.
Producer responsibility
Producers and manufacturers have taken the necessary measures to ban certain hazardous
substances (Cd, Hg, Pb, and CrVI) in new cars as required by Article 4 of the ELV Directive.
There is no evidence suggesting that these requirements are not fulfilled. Nevertheless, and
considering that no external monitoring is conducted, it seems to be important to assess
the overall effect of the ban in practice at European level.
For providing information on the dismantling of cars as required under Article 8 of the ELV
Directive, manufacturers generally use an international platform, the so-called IDIS system
(International Dismantling Information System). However, the use of this information is not
common practice in ELV treatment plants. The transfer of information about the
dismantling of vehicles should be encouraged in order to promote the correct and
environmentally sound treatment of end-of-life vehicles.
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End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
Problems identified in end-of-life vehicle management in Europe and need for
action to achieve the aims of the ELV Directive
Table 1: Problems and recommendations for successful approaches in the future
Problem
Recommendation regarding
need for action
Responsi-
bility
Addressing
Legislative Options Other options
Intensify MS
inspections of
transports within
and out of the EU
Member States
/ European
Commission
Lay down minimum
requirements regarding the
frequency of spot checks on
shipments of waste
Regulation 2006/1013/EC
when revised (Article 50)
Oblige MS to monitor
shipments of ELVs
Directive 2000/53/EC when
revised
(compare proposal (2008)
for the recast of the WEEE-
Directive, Article 20, Annex
I)
Promote joint
enforcement
projects, promote
exchange of
knowledge, best
practices under
IMPEL (Cluster 2)
Support action
against illegal
shipments by
establishing binding
rules for the
distinction between
ELVs / used cars
European
Commission
Make mandatory the
relevant contents of the
Draft Correspondent’s
guidelines No 9 according
to Regulation
2006/1013/EC Directive
2000/53/EC when revised
Illegal
Shipment of
ELVs
Illegal
activity
Introduce incentives
for the disposal of
cars in the country
of de-registration
(e.g. by deposit-
refund systems)
Member States
/ European
Commission
To commission a
study on the impact
of incentives for
disposal of ELVs in
the country of
deregistration
Commission
Services
Different
national
interpretations
of ELVs and
used cars,
differences in
the distinction
between
them.
Member
States
Establish binding
rules at European
level for the
distinction between
ELVs and used
vehicles
European
Commission
Make mandatory the
relevant contents of the
Draft Correspondent’s
guidelines No 9 according
to Regulation
2006/1013/EC Directive
2000/53/EC when revised
Lack of
comparable
data on the de-
registration of
used cars for
all Member
States (e.g. on
the further use
of de-registered
cars)
Member
States
Request information
on the fate of a
vehicle when de-
registering it
Request data on
national vehicle
markets (including
on further use of de-
registered cars).
European
Commission
Oblige MS to request
information on the fate of
vehicles when they are de-
registered Directive
2000/53/EC when revised
(Article 5)
Oblige MS to report on the
fate of deregistered
vehicles Directive
2000/53/EC when revised
(Article 7), Decision
2005/293/EC when revised
(Article 1 (3))
13
Policy Department A: Economic and Scientific Policy
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Problem
Recommendation regarding
need for action
Legislative Options Other options
Responsi- Addressing
bility
Cases of illegal
treatment of
ELVs still exist
Illegal
activity
Take measures
against illegal car
dismantlers and
unauthorised
treatment facilities
(e.g. stepping up
inspections)
Member States
Strengthen
activities related to
training and
exchange of
experiences,
comparison,
evaluation and
development of
good practices, etc.
under IMPEL
(Cluster 1)
Address the
effectiveness of de-
pollution adequately
in the course of
inspections at ELV
treatment facilities.
Member States
/ European
Commission
Establish more detailed
minimum technical
treatment requirements for
ELVs Directive
2000/53/EC when revised
(Article 6, Annex I)
Strengthen
activities related to
training and
exchange of
experiences,
comparison,
evaluation and
development of
good practices, etc.
under IMPEL
(Cluster 1)
Indication that
ELVs are not
always de-
polluted
properly
(although little
information is
available)
Illegal
activity
Comprehensive
evaluation of the
quality of ELV
shredder residues
European
Commission
To commission a
study on the actual
effects of de-
pollution of ELVs on
ELV shredder
residues
Commission
Services
Provision of
sufficient capacity of
environmentally
sound
recycling/recovery
operations
Member States
Considerable
amounts of
ELV materials
are still
disposed of
(not all MS
have achieved
the
recycling/recov
ery targets).
Lack of
comparability;
evidence
suggesting that
the reported
recycling/rec
overy rates
are
overestimated
Member
States
Establish binding
rules for the
classification of
treatment
operations for
“recycling”/”recover
y”/”disposal”, data
gathering and
calculation
methodology
European
Commission
Establish binding rules for
the classification of
particular treatment
operations Directive
2000/53/EC when revised
(Article 7)
Make mandatory the
relevant contents of the
Eurostat guidance
document on “How to
report on end-of-life
vehicles according to
Commission Decision
2005/293/EC” Directive
2000/53/EC when revised
(Article 7), Decision
2005/293/EC when revised
14
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
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GENERAL INFORMATION
EU legislation on End of Life Vehicles (ELVs) is still not fully implemented in some Member
States. The European Commission has worked on the subject and an oral question relating
to the issue of ELVs has been raised by MEP Davies in the ENVI Committee of the European
Parliament.This question has been taken up by the Coordinators of the ENVI Committee,
who requested a study on "End of life vehicles: legal aspects, national practices and
recommendations for future successful approach". Umweltbundesamt GmbH has been
contracted to prepare this study as part of the Framework Contract ‘External expertise on
emerging regulatory and policy issues within the responsibility of the ENVI Committee in
the area of Environmental policy (IP/A/ENVI/FWC/2010-003)’.
Aim
The overall objective of this study is to give an overview on the status of its practical
implementation in European Member States.
The key questions are as follows:
Are all end-of-life vehicles accounted for?
Is the concept of vehicle 'de-registration' applied consistently in the Member States?
How many ELV vehicles are exported - legally or illegally - from the Member States?
Are all ELVs properly de-polluted?
Are all ELVs recycled and what are the success rates that are achieved?
Do vehicle manufacturers meet their producer-responsibility obligations?
These questions are discussed in the individual chapters of this study.
15
Policy Department A: Economic and Scientific Policy
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Methodology
The following sources of information were used for preparing this study:
Analysis of reports on ELV management and further information obtained by the
European Commission and European Services
7
;
Analysis of data reported by Member States on the monitoring of recycling and
recovery rates pursuant to Commission Decision 2005/293/EC
8
for the reference
years 2006, 2007 and 2008 as published by Eurostat
9
;
Questionnaire survey addressed to selected Member States
10
;
Member State representatives were contacted via email and telephone. The
questionnaire is included in the Annex to this study;
Telephone and email interviews with representatives of the waste treatment
industry and waste consultants;
Literature and internet survey.
7
Minutes of the meetings of the Working Group on Methodologies, Directive 2000/53/EC on End-of-Life Vehicles,
questionnaires completed by several Member States pursuant to Commission Decision 2001/753/EC for the period
2005 – 2008 (provided by AT, CY, EE, DE, DR, IR, NL, PL, PT, SE, UK)
8
COMMISSION DECISION laying down detailed rules on the monitoring of the reuse/recovery and reuse/recycling
targets set out in Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles
(2005/293/EC)
9
http://epp.eurostat.ec.europa.eu/portal/page/portal/waste/data/wastestreams/elvs
10
AT, BE, EE, DE, FI, SE, UK (BG, HU, ES, FR, GR, IR, IT, NL, PT without response)
16
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
1. ARISING OF ELVs
Question
Are all ELVs being accounted for?
1.1. Legal background
The ELV-Directive (2000/53/EC) applies to vehicles and end-of-life vehicles, including their
components and materials.
The following definitions are laid down in Article 2 of the ELV-Directive:
‘vehicle’ means any vehicle designated as category M1 or N1 defined in Annex IIA to
Directive 70/156/EEC
11
, and three wheel motor vehicles as defined in Directive
92/61/EEC
12
, but excluding motor tricycles;
‘end-of life vehicle’ means a vehicle which is waste within the meaning of the Waste
Framework Directive (2008/98/EC)
13
.
Whereby M1 and N1 vehicles are defined according to Directive 70/156/EEC as follows
Category M1: Vehicles designed and constructed for the carriage of passengers and
comprising no more than eight seats in addition to the driver's seat.
Category N1: Vehicles designed and constructed for the carriage of goods and
having a maximum mass not exceeding 3.5 tonnes.
According to the Commission Decision 2005/31/EC laying down detailed rules on the
monitoring of the reuse/recovery and reuse/recycling targets since 2006 the number of
end-of-life vehicles has to be monitored. Accompanying tables set out in the Annex of the
Decision shall be completed by the Member States on an annual basis, starting with data
for 2006 and shall be sent to the Commission within 18 months of the end of the reference
year.
1.2. Results
One crucial factor with regard to accounting of ELVs is the differentiation between ELVs and
used cars. The question when a used car ceases to be product and becomes waste
according to the Waste Framework Directive (2008/98/EC) is answered in a different way
across the EU Member States. As a consequence, there are problems in terms of
comparability of the reported data. It also has an impact on the decision whether
transboundary shipment of al vehicle is subject to the provisions of the Waste Shipment
Regulation No 1013/2006.
11
COUNCIL DIRECTIVE 1970/186/EEC on the approximation of the laws of the Member States relating to the type-
approval of motor vehicles and their trailers
12
COUNCIL DIRECTIVE 1992/61/EEC relating to the type-approval of two or three-wheel motor vehicles
13
DIRECTIVE 2008/98/EC of the European Parliament and the Council on waste and repealing certain Directives
17
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
Aspects which seem to be of major importance for used cars to become an ELV are:
Does the vehicle represent ‘waste’ by the meaning that the holder discards or
intends or is required to discard the vehicle (according to the Waste Framework
Directive)?
Is there a public interest in terms of harm to the environment that the vehicle
should be considered as ELV?
Does the vehicle fulfill the technical requirements according to the national licensing
systems?
This opens a wide range of interpretations at which point a used car becomes an ELV. This
fact is also reflected in the official statistics. To allow interpretations of the official national
statistics following data seems to be of particular importance:
Car fleet
Deregistered cars
- ELV
- Used cars without waste status
Commercial and private export of deregistered cars
- Export of ELV
- Export of used cars without waste status
Data on the car fleet and de-registered cars are published on an annual basis at varying
levels of detail by national statistic agencies of the Member States, Eurostat and the
European Automobile Manufacturers Association (ACEA)
14
. There are different approaches
concerning de-registration of vehicles across European Member States. In some countries
(e.g. in Austria, Germany, Italy) a vehicle is, as a rule, de-registered when the ownership
of the car changes. In other countries (e.g. in the UK) vehicles are not de-registered when
ownership changes. In the latter, de-registration generally takes place when the car owner
wants to dispose of the vehicle. Then, vehicles may only be re-registered and put back on
the road under exceptional circumstances and prior approval.
Data on arisings of ELVs in the Member States as well as on the export of ELVs and parts
thereof are published by Eurostat (last reference year available: 2008)
9
.
Data on the commercial export of used cars is available from the Eurostat database
COMEXT, the official European Foreign Trade Statistics
15
.
1.2.1. Automotive market
T
h
e economic crises caused a significant impact on the automotive industry in the last two
years. Despite several national scrappage programs within selected MS the overall car
production within EU 25 declined by more than 12 % in 2009 compared to 2008. Table 2
shows data
on the over
all automotive production of passenger cars in Europe.
16
14
http://www.acea.be
15
http://www.fiw.ac.at/index.php?id=367
16
http://www.vda.de
18
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
Table 2: Production of passenger cars in Europe
Region 2008
2009
Change in %
Europe 18.358.696
15.111.199
-17,7
EU-25 15.999.258
13.944.501
-12,8
thereof:
Germany 5.532.030
4.964.523
-10,3
France 2.145.935
1.819.462
-15,2
Italy 659.221
661.100
0,3
Spain 2.013.861
1.832.999
-9,0
United Kingdom 1.446.619
999.460
-30,9
Source: http://www.vda.de
A big share of the overall production of new passenger car vehicles is exported from the
EU. According to ACEA the overall car fleet 2008 in the European Union is more than 223
Mio passenger cars (20 countries, except Bulgaria, Cyprus, Hungary, Luxembourg, Malta,
Romania and Slovenia). Passenger cars in use are on average 8.2 years old
17
.
1.2.2. Statistics on ELVs
Th
e European Environment Agency estimated the number of end-of-life vehicles arising in
the EU-25 to be about 14 million in 2010, compared to 12.7 million in 2005
18
. This is a
number that differs significantly from the 6.2 million end-of-life vehicles in 2008 as
published by Eurostat and based on data reported by 24 Member States
19
.
17
ACEA (2008): European Motor Vehicle Parc
18
ETC/RWM 2008: Projection of end-of-life vehicles (prepared for the European Environment Agency (EEA) under
its 2007 work programme as a contribution to the EEA's work on waste outlooks)
19
Eurostat (available at : http://epp.eurostat.ec.europa.eu/portal/page/portal/waste/data/wastestreams/elvs)
19
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
1.2.3. Statistics on used cars
Table 3 shows data on deregistered cars and ELV for selected
Member States to illustrate
that there is a gap of knowledge concerning the further use of a certain amount of de-
registered cars.
Table 3: Comparison of the numbers of ELVs and de-registered cars
Country data Year
Cars fleet
(passenger
cars)
17
De-registered
passenger
cars (without
re-registered
cars)
17
ELV arisings /
treated
within or
outside the
MS
20
Commercial
export of
used cars
21
De-registered passenger cars
not reported as ELVs & not
exported commercially
Column 1: Column 2:
Column 3:
Column 4:
Column 5:
number
(calculated
22
)
Column 6: %
in relation to
the overall
de-registered
passenger
cars
(calculated)
23
Austria 06 4.204.969 260.368
87.277
43.530
129.561 50 %
Austria 07 4.245.583 257.568
62.042
39.019
156.507 61 %
Austria 08 4.284.919 254.361
63.975
37.629
152.757 60 %
Belgium 06 4.929.284 458.210
131.043
224.326
102.841 22 %
Belgium 07 5.006.294 447.784
127.949
244.606
75.229 17 %
Belgium 08 5.086.756 455.478
141.521
273.036
40.921 9 %
Czech Republic 06 4.108.610 70.794
56.582
4.395
9.817 14 %
Czech Republic 07 4.280.081 91.487
72.941
27.664
-9.118 -10 %
Czech Republic 08 4.423.370 168.837
147.259
3.543
18.035 11 %
Denmark 06 2.013.899 314.899
102.202
8.990
203.707 65 %
Denmark 07 2.058.873 308.391
99.391
25.535
183.465 59 %
Denmark 08 2.105.049 301.906
101.042
16.533
184.331 61 %
Finland 06 2.489.287 105.529
14.945
866
89.718 85 %
Finland 07 2.570.356 90.239
15.792
934
73.513 81 %
Finland 08 2.682.831 37.614
103.000
428
-65.814 -175 %
Greece 06 4.446.528 63.067
29.689
2.126
31.252 50 %
Greece 07 4.805.156 64.013
47.414
327
16.272 25 %
Greece 08 5.101.410 70.308
55.201
375
14.732 21 %
Italy 06 35.297.282 1.784.147
1.379.000
124.981
280.166 16 %
Italy 07 35.680.097 2.207.336
1.692.136
101.313
413.887 19 %
Italy 08 36.105.183 1.796.898
1.203.184
70.471
523.243 29 %
Latvia 06 822.011 17.620
6.288
1.980
9.352 53 %
Latvia 07 904.869 22.167
11.882
6.537
3.748 17 %
Latvia 08 932.828 26.033
10.968
1.802
13.263 51 %
Netherlands 06 7.413.034 225.760
192.224
49.584
-16.048 -7 %
Netherlands 07 7.597.000 200.836
166.004
53.018
-18.186 -9 %
Netherlands 08 7.757.000 209.427
152.175
69.424
-12.172 -6 %
Spain 06 21.052.559 910.727
954.715
83.044
-127.032 -14 %
Spain 07 21.760.174 887.395
881.164
88.232
-82.001 -9 %
Spain 08 22.145.364 734.638
748.071
234.626
-248.059 -34 %
Sweden
24
06 4.202.463 830.123
283.450
10.836
535.837 65 %
Sweden 07 4.258.463 870.014
228.646
6.553
634.815 73 %
Sweden 08 4.278.995 950.496
150.197
6.579
793.720 84 %
Source: included in Table
20
http://epp.eurostat.ec.europa.eu/portal/page/portal/waste/data/wastestreams/elvs
21
Eurostat's COMEXT Database (http://www.fiw.ac.at/index.php?id=367&L=3)
22
Column 5 = Column 2 – (Column 3 + Column 4)
23
Column 6 = Column 5 / Column 2 * 100
24
According to the Swedish EPA the numbers on de-registered cars published by ACEA are accumulated over the
years and do not represent data for the years 2006, 2007 and 2008.
20
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
In most Member States the number of ELVs represents more than 50% of the amount of
de-registered passenger cars (e.g. Belgium, Italy, Spain and the Netherlands). Thus, for
those countries the gap between the number of de-registered cars and ELVs is lower than
50%. In other Member States (e.g. Austria, Denmark, Finland, Sweden) the gap is higher,
and there is no detailed information available on the further use of more than 50% of the
de-registered cars. Following key factors are important to explain the gap concerning the
whereabouts of “De-registered passenger cars not reported as ELVs & not exported
commercially”:
Private exports of used cars
Illegal shipment of ELV and used cars
Illegal disposal
Garaging (long term)
To a smaller extent, different system boundaries of the provided statistics (data provided
by ACEA cover passenger cars only; data provided by Eurostat cover vehicle classes M1, N1
and three wheeled motor vehicles; data provided by COMEXT cover motor cars and other
motor vehicles principally designed for the transport of persons, including station wagons
and racing cars) may cause differences.
Figure 1 based on data of Table 3 shows that there are differences between the Wester
n
and the
Eastern part of the EU, strictly geographically. For the period 2007-2008 the
passenger car fleet and the number of accounted ELVs are increasing to a higher extent in
the East of Europe.
Figure 1: Development of the passenger car fleet and the ELV arisings 2007-2008
Passenger car fleet 2007-2008:
Green: Increasing 0-2 %
Brown: Increasing 2-4 %
Red: Increasing more than 4 %
Number of accounted ELVs 2007-2008:
Green: Decreasing
Brown: Increasing 0-20 %
Red: Increasing more than 20 %
Source: Umweltbundesamt based on data provided by Eurostat and ACEA
21
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
1.3. Steps taken by the Commission Services to overcome
problems
Waste shipment correspondents: Draft Correspondent’s guidelines No 9 (Version 6
from 8th of June 2010) according to the Waste Shipment Regulation
(2006/1013/EC):
These Correspondents' guidelines represent the common understanding of Member
States on how Regulation (EC) No 1013/2006 on shipments of waste (Waste
Shipment Regulation – WSR) should be interpreted.
The guidelines No 9 are currently (September 2010) available as draft. It gives
guidance provided for the distinction between waste vehicles and used vehicles.
Based on the definition of the Waste Framework Directive (2008/98/EC) a used
vehicle should be classified as waste if at least one of the following criteria applies:
a. The vehicle is destined for dismantling and reuse of spare parts or for
shredding/scrapping;
b. The vehicle is cut into pieces (e.g. two halves), welded up or closed by an
insulating foam (only by breaking open the waste vehicle can be made
roadworthy) and/or used as “container” for spare parts or wastes;
c. The vehicle stems from a waste collection or waste treatment system;
d. The vehicle is a write-off /is not suitable for minor repair /has badly damaged
essential parts (as a result of an accident, for example) or has no “Vehicle is
repairable” certification where a competent authority has requested it (see
paragraph 11 and Appendix 3);
e. The existence of a certificate of destruction.
The following indicators may also be relevant for classifying a used vehicle as waste:
f. The vehicle has no registration or it has been de-registered;
g. The vehicle has not had its required National technical roadworthiness test for
more than two years from the date when this was last required;
h. The vehicle has no identification number and the owner of the vehicle is
unknown;
i. The vehicle was handed over to an interim storage facility or an authorised
treatment facility;
j. The repair costs exceed the present value of the vehicle (exception: vintage cars
or vehicles) and the possibility for repair cannot be assumed (repair costs in EU-
Member State as basis for evaluation);
k. Where the vehicle poses a safety risk or a risk to the environment e.g. by:
i) Doors not being attached to the car,
ii) Discharge of fuel or fuel vapour (risk of fire and explosion),
iii) Leakage within the liquid gas system (risk of fire and explosion),
iv) Discharge of operating liquids (risk of water pollution caused by fuel, brake fuel,
anti-free liquid, battery acid, coolant liquid).
Eurosta
t
: Draft guidance document ‘How to report on end-of-life vehicles according
to Commission Decision 2005/293/EC’ (Revision by Eurostat from the 20th of April
2010)
22
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
This guidance is not legally binding but focuses on aspects of data harmonisation
and data quality, based on the experience with the reporting for the reference year
2006 and 2007 and the related data collection and evaluation conducted by the
Member States.
The guidance document states that inter alia following data should be made
available in the quality report as required by Commission Decision 2005/293/EC:
Information on the national vehicle market:
‐ Vehicles registered (Number)
‐ Average age of fleet (Years)
‐ Final de-registrations per year (Number)
‐ CoDs issued in the Member State (Number)
‐ ELVs arising in the Member State (Number)
‐ Average age of ELVs (Years)
National market information on export of used vehicles, ELVs and depolluted body
shells to other EU countries and non EU-countries:
‐ Used vehicles exported (Number)
‐ Average age of used vehicles exported (Years)
‐ ELVs exported (Number)
‐ De-polluted (and dismantled) body shell exported (Number, tonnes)
23
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
1.4. Conclusions & Recommendations
The question of when a used car ceases to be product and becomes waste according to the
Waste Framework Directive (2008/98/EC) is answered in different ways across EU Member
States. As a consequence, there are problems regarding the comparability of the reported
data and in individual cases regarding the answer to the question if a transboundary
shipment of a vehicle is subject to the provisions of the Waste Shipment Regulation No
1013/2006. To address this problem the Correspondent’s guidelines No 9 (draft status),
representing the common understanding of all Member States on how the WSR should be
interpreted, gives inter alia guidance for the distinction between ELVs and used vehicles.
Establish binding rules at European level for the distinction between ELVs and used
vehicles (addressed to the European Commission).
It is evident that data on the national vehicle markets (especially on the number of de-
registered vehicles and the imports/exports of used vehicles) is not yet consistently
available for European Member States. To address this problem the Eurostat guidance
document on “How to report on end-of-life vehicles according to Commission Decision
2005/293/EC” (Revision by Eurostat 20th April 2010) aims to enhance the quality of data
on the national vehicle market including the number de-registered vehicles and the number
of exports of used vehicles.
Request data on the national vehicle markets (addressed to the European Commission).
24
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
2. CONCEPT OF VEHICLE DE-REGISTRATION
Question
Is the concept of vehicle ‘de-registration’ applied consistently in Member States?
2.1. Legal background
According to the ELV-Directive a certificate of destruction is a condition for de-registration
of ELV (as laid down in the general provisions of the ELV-Directive):
(16) A certificate of destruction, to be used as a condition for de-registration of end-of life
vehicles, should be introduced. Member States without a de-registration system should set
up a system according to which a certificate of destruction is notified to the relevant
competent authority when the end-of life vehicle is transferred to a treatment facility.
(17) This Directive does not prevent Member States from granting, where appropriate,
temporary de-registrations of vehicles.
See also Article 5: Collection
(1) Member States shall take the necessary measures to ensure:
‐ that economic operators set up systems for the collection of all end-of-life vehicles
and, as far as technically feasible, of waste used parts removed when passenger
cars are repaired,
‐ the adequate availability of collection facilities within their territory.
(2) Member States shall also take the necessary measures to ensure that all end-of
life vehicles are transferred to authorised treatment facilities.
(3) Member States shall set up a system according to which the presentation of a
certificate of destruction is a condition for deregistration of the end-of life vehicle.
This certificate shall be issued to the holder and/or owner when the end-of life
vehicle is transferred to a treatment facility. Treatment facilities, which have
obtained a permit in accordance with Article 6, shall be permitted to issue a
certificate of destruction. Member States may permit producers, dealers and
collectors on behalf of an authorised treatment facility to issue certificates of
destruction provided that they guarantee that the end-of life vehicle is transferred to
an authorised treatment facility and provided that they are registered with public
authorities.
Issuing the certificate of destruction by treatment facilities or dealers or collectors
on behalf of an authorised treatment facility does not entitle them to claim any
financial reimbursement, except in cases where this has been explicitly arranged by
Member States.
Member States which do not have a deregistration system at the date of entry into
force of this Directive shall set up a system according to which a certificate of
destruction is notified to the relevant competent authority when the end-of life
vehicle is transferred to a treatment facility and shall otherwise comply with the
terms of this paragraph.
Member States making use of this subparagraph shall inform the Commission of the
reasons thereof.
25
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
(4) Member States shall take the necessary measures to ensure that the delivery of
the vehicle to an authorised treatment facility in accordance with paragraph 3 occurs
without any cost for the last holder and/or owner as a result of the vehicle's having
no or a negative market value.
Member States shall take the necessary measures to ensure that producers meet all,
or a significant part of, the costs of the implementation of this measure and/or take
back end-of life vehicles under the same conditions as referred to in the first
subparagraph.
Member States may provide that the delivery of end-of life vehicles is not fully free
of charge if the end-of life vehicle does not contain the essential components of a
vehicle, in particular the engine and the coachwork, or contains waste which has
been added to the end-of life vehicle.
The Commission shall regularly monitor the implementation of the first
subparagraph to ensure that it does not result in market distortions, and if
necessary shall propose to the European Parliament and the Council an amendment
thereto.
(5) Member States shall take the necessary measures to ensure that their
competent authorities mutually recognize and accept the certificates of destruction
issued in other Member States in accordance with paragraph 3.
To this end, minimum requirements for the certificate of destruction shall be
established. That measure, designed to amend non-essential elements of this
Directive by supplementing it, shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 11(3).
(29) The adaptation to scientific and technical progress of the requirements for treatment
facilities and for the use of hazardous substances and, as well as the adoption of minimum
standards for the certificate of destruction, the formats for the database and the
implementation measures necessary to control compliance with the quantified targets
should be effected by the Commission under a Committee procedure.
2.2. Results
In general, vehicle registration systems are differing across European countries. In order to
encourage Member States to be more flexible about the registration of cars coming from
another Member State, the European Commission has issued an interpretative
communication
25
on car registration issues. This communication sets out, in legal terms,
the minimum conditions which car registration procedures must fulfill. Within that
communication no requirements are defined to be met for de-registration of a used vehicle.
There are different approaches to the de-registration of vehicles across European Member
States. In some countries (e.g. in Austria) a vehicle is de-registered as a rule with the
change of ownership of a car. In other countries (e.g. in the UK) vehicles are not de-
registered when ownership changes. In these countries, de-registration generally takes
place when the car owner wants to dispose of the vehicle. De-registered vehicles may be
re-registered and put back on the road only under exceptional circumstances and if prior
approval has been granted.
25
COMMISSIONS INTERPRETATIVE COMMUNICATION on procedures for the registration of motor vehicles
originating in another Member State (2007/C68/04)
26
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
When a vehicle has become waste (=end-of-life vehicle) additional requirements for de-
registration have to be met. Article 5 (3) of the ELV Directive requires Member States to set
up a system according to which the presentation of a certificate of destruction (CoD) is a
condition for de-registration of the end-of life vehicle. In 2009, twenty-one Member States
reported that they had implemented the condition to present a CoD for de-registering an
ELV
1
.
In some Member States (e.g. Austria, Finland) the number of issued CoDs is not equal to
the arisings of end-of-life vehicles. This might be due to the fact that a vehicle can be de-
registered before the car owner decides that his/her car becomes waste and thus an end-
of-life vehicle. There is an information gap regarding the whereabouts of de-registered
vehicles. To close this gap, information on the further use of a vehicle should be obtained
its de-registration (e.g. in the form of a declaration that there is no intention to dispose of
the vehicle, and stating whether the car owner intends to sell or export the vehicle or keep
it in a garage).
With the Commission Decision 2002/151/EC minimum requirements for certificates of
destruction have been issued.
2.2.1. Implementation of Article 5 (3) according to MS reporting
According to the Commission’s report on the imp
l
ementation of the ELV-Directive for the
period 2005-2008
74
all responding Member States (22) except Belgium reported having set
up a system according to which the presentation of a CoD is a condition for deregistration
of a vehicle. The Belgian case is followed by the Commission. Nine Member States used an
option to allow producers, dealers or collectors to issue a CoD on behalf of an authorised
treatment facility provided there is a guarantee that the ELVs are transferred to authorised
treatment facilities:
Belgium
74
:
The Commission closed the infringement procedure started in 2003 because Belgium had
adopted and communicated its transposition measures. In 2005 a new enforcement action
was set up as a result of a conformity inquiry by the Commission. The Commission sent a
letter to Belgium on 16 March 2005 with questions which needed to be clarified by the
authorities. The Flemish Region responded to these questions in July 2005 and promised to
make and actually made some changes to its legislation. The information sources consulted
indicated no further steps by the European Commission.
In order to increase the traceability of vehicles and improve the collection rate, the federal
agency responsible for registration of vehicles (DIV or Dienst Inschrijving Voertuigen)
started recently a study on the feasibility and opportunity to introduce a new registration
system in Belgium. The federal government aims to introduce in 2009 a procedure by
which seller and buyer of a vehicle need to identify themselves via their electronic identity
card and need to confirm the transaction via an electronic signature. Thereby the chassis
number will be registered too. At this moment only the number plates are linked with
identity details of individuals. In order to encourage people to deregister their end-of life
vehicle and to get a certificate of destruction, the policy makers are considering options to
financially reward people for doing this. A possible way of doing this is to exempt these
persons from paying their car tax. The regional waste authorities and FEBELAUTO have
been zealous advocates of this new registration system.
27
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
According to the survey done within the project there is the information that this new
registration system has not been introduced yet.
UK
74
:
The number of CoDs gathered has been much lower than expected. The UK Liberal
Democrats environment spokesman in the European Parliament, Chris Davies, explained
this by arguing that Britain's 1,200 authorised treatment facilities would issue about
500,000 CoDs in 2006, while the remaining 1.5 million ELVs would be dismantled without
the facility producing the only document that guarantees the sound treatment of the ELV.
This is apparently due to a lack of implementation by the Driver and Vehicle Licensing
Agency (DVLA) that apparently allows last owners to tick a box on their vehicle
deregistration form to state that they have scrapped their car themselves, but without
requiring the certificate. There is however evidence that the responsible Agencies are now
working to prevent operation by all non licensed facilities and DVLA is considering whether
the alternative means of notification should be withdrawn.
According to the questionnaire done within the project there is indication given that the
existence of the registration document notification route has reduced the significance of the
CoD in the UK. This problem is now being addressed via in the national registration
document "scrappage tick-box" is being progressively removed over the course of the next
year so that private scrappage will be disabled.
2.2.2. Additional information on the implementati
on of Arti
cle 5(3)
Additional information on the implementation of Article 5(3) was gathered by a
questionnaire survey within the project and by evaluation of completed questionnaires
reported by MS pursuant to Commission Decision 2001/753/EC for the period 2005-2008.
Austria:
According to Paragraph 5(3) of the Austrian Ordinance on ELV
26
a certificate of
destruction
27
has to be issued to the holder and/or owner when the end-of life vehicle is
transferred to an authorised take-back point or treatment facility and this is a condition for
de-registration of a ELVs. The provision is introduced in Paragraph 43(1a) of the Austrian
Motor Vehicles Act.
Germany:
According to Paragraph 4(2) of the German Ordinance on ELV
28
a certificate of destruction
has to be issued to the holder and/or owner when the end-of life vehicle is transferred to
an authorised dismantling facility (or take-back points on the behalf of the dismantling
facilities).
29
The provision is introduced in Paragraph 15 of the German Vehicle Registration
Ordinance.
26
http://www.umweltnet.at/article/articleview/26635/1/7999/ (German language)
27
http://wko.at/up/Alt-Pkw-Verwertungsnachweis.pdf (German language)
28
http://bundesrecht.juris.de/bundesrecht/altautov/gesamt.pdf (German language)
29
According to the implementation report on the ELV Directive (EC 2009) ARGE Altauto states that there are
occasional enforcement problems of the ELV-Ordinance by the local authorities. For example the submission of a
certificate of deconstruction in line with the ELV ordinance as a precondition of car deregistration is not always
respected.
28
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
Cyprus
33
:
Article 9(5) of L.157(I)/2003 provide for the obligation of the authorised treatment facilities
to issue a ‘Certificate of Destruction’ for each ELV they receive, and deliver or post it to the
competent authority and to the last person who was in possession of the vehicle. This
certificate is used for de-registration of the vehicle, in accordance to the ‘Motor Vehicles
and Road Traffic Laws’. The latter was amended by Law numbered L.146 (I)/2003 to make
the ‘Certificate of Destruction’ a necessary and sufficient document for de-registration of a
waste vehicle.
Finland:
According to Section 7 of the Government Decree on End-of-Life Vehicles (581/2004)
30
a
certificate of destruction can only be issued by a collector as referred to in section 18(1) of
the Waste Act or by a treatment operator. The collector or treatment operator of an end-of-
life vehicle shall give the holder of the end-of-life vehicle a certificate of destruction free of
charge and shall also immediately enter or deliver notification of receipt of the vehicle to
the vehicle register maintained by the Finnish Vehicle Administration for de-registration of
the vehicle as laid down in the Decree on the Vehicle Registration (1598/1995).
Hungary
33
:
Only authorised dismantlers may issue certificates of destruction (Article 7(3) of the
Government Decree and Ministry of Economy and Transport Decree 29/2004 (III.12)).
Producers or recipients may issue certificates of destruction on behalf of a dismantler.
Vehicles may be definitively withdrawn from service only upon presentation of the
certificate (Ministry of the Interior Decree 41/2005 (X. 7)).
Ireland:
According to point 19 to 26 of the Waste Management (End-of-Life Vehicles) Regulations
2006
31
a certificate of destruction in a form specified by the Minister has to be issued to the
registered owner of an end-of life vehicle when an ELV is transferred to an authorised
treatment facility.
32
A Transfer Order amended the relevant provisions of the regulations to
require authorised treatment facilities to notify the Minister for Transport of the issue of
certificates of destruction.
Italy
33
:
Article 5, paragraph 6 of Legislative Decree 209/2003 stipulates that at the time of a
handover to the collection centre of a vehicle intended for dismantling, the proprietor of the
centre must issue to the keeper of the vehicle, the dealer, or the management of the
branch of the vehicle's manufacturer or of the car dealer a suitable certificate of destruction
accompanied by a description of the state of the vehicle delivered. Furthermore a
commitment has to be provided to immediately proceed with de-registration with the PRA
(Vehicle Registration Office) if this has not already been done and to treat the vehicle.
30
http://www.autopurkamoliitto.fi/romuajoneuvoasetus.pdf
31
http://www.environ.ie/en/Environment/Waste/ProducerResponsibilityObligations/EndOfLifeVehicles/
32
According to the implementation report on the ELV-Directive (EC 2009) it is stated that stated that it has been
equally difficult to identify the actual numbers of end-of life vehicles arising in Ireland. Up until the implementation
of the ELV Directive there was no system for deregistration in Ireland. Therefore, the levels of ELV production
have been estimated in a range of ways.
29
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
To this end, within three days of the handover of the vehicle, this dealer or management or
proprietor needs to return the certificate of ownership, registration document and the
registration plates of the end-of-life vehicle in line with the procedure laid down by
Presidential Decree No. 358 of 19 September 2000. The issue of the declaration of taking
charge of the vehicle or the certificate of destruction releases the keeper of the end-of-life
vehicle from civil, criminal and administrative responsibilities associated with ownership and
correct management of the vehicle.
Latvia
33
:
In the Law on End-of-life vehicles and in the Cabinet of the Ministers regulations Nr. 241 on
the ‘Arrangement of filling and delivery of certificates of destruction of end-of life vehicles’
there are rules governing the completion and issuing of certificates of destruction. The rules
describe the implementation of the system of ELV de-registration based on the certificates
of destruction, the requirements regarding the issuing of a certificate of destruction to the
last owner of an ELV, and the cases where treatment facilities have the right to financial
reimbursement. Once the treatment facility has received an end-of-life vehicle, it issues a
certificate of destruction.
Lithuania
33
:
Paragraph 12 and 13 of the Rules for the Management of End-of-life Vehicles (adopted by
Order No 710 of the Minister of Environment of the Republic of Lithuania of 24 December
2003) defines rules concerning the issuing of certificates of destruction. In the case of de-
registration of a class M1 or N1 vehicle, a certificate of destruction needs to be issued by
the authorised treatment or collection undertaking; three copies: first copy to be given to
the owner of the end-of-life vehicle, second copy to be retained by the issuing undertaking,
and third copy to be presented to the Regional Environmental Department that has issued a
permit.
Poland
33
:
The de-registration system was laid down in Article 79(1) of the Act of 20 June 1997 - Road
Traffic Law (Journal of Laws 2005, No 108, item 908, as amended) and in the Regulation of
the Minister for Infrastructure of 25 March 2005 laying down the method of cancelling
documents of end-of-life vehicles, models of certificates to be issued in respect of such
vehicles, the method of storing certificates and keeping records thereof (Journal of Laws
No 62, item 554).
Portugal
33
:
Article 17 of Decree Law 196/2003 sets out that de-registration of an ELV is dependent on
the presentation of a certificate of destruction
34
issued by an authorised dismantling
operator; three deliverables: (1) Original to the original certificate of destruction to the
owner or legal holder of the ELV, (2) a copy of the certificate of destruction to VALORCAR,
and (3) a copy of the certificate of destruction to the Highways Department (DGV),
accompanied by the vehicle documentation when applicable. As soon as it receives the
documentation, the DGV de-registers the vehicle and informs the CRA.
33
According to the MS questionnaire for the period 2005-2008 (Commission Decision 2001/753/EC)
34
The template was approved by Instruction no. 9276/2004 of 16 April 2004 of the President of the
Institute for Waste Management.
30
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
De-registration procedure starts when an ELV is delivered to an authorised collection centre
or dismantling centre. At this point, its owner or other legitimate holder must hand over the
vehicle's identification document (registration document) and the ownership title and
request the relevant de-registration by filling in a DGV form 1402 (which will be provided
by the collection centre or the dismantling operator). In general there are some exceptions
to this procedure.
Spain
35
:
An Order of the Ministry of the Interior (Order INT/249/2004) introduces a model certificate
of destruction reflecting the content of Decision 2002/151/EC, which all the Autonomous
Communities have adopted and which must be presented in order to deregister a vehicle at
the end of its life with the Register of Vehicles at the Directorate-General of Traffic (Articles
4.2 and Article 5 of the Royal Decree).
UK:
Under the End-of-Life Vehicles Regulations 2003 (updated in 2005 and last amended
2010)
36
, passenger-carrying vehicles, and light-goods vehicles, weighing up to 3,500 kg,
and three-wheel motor vehicles (not motor trikes) can only be scrapped at ATFs. The ATF
will issue a ‘Certificate of Destruction’ (CoD)
37
. The regulations are enforced by the
Environment Agency in England and Wales, SEPA in Scotland and the NIEA in Northern
Ireland.
2.3. Steps taken by Commission Services to overcome problems
Issuing minimum requirements for Certificates of Destruction (Decision
2002/151/EC)
With the Commission Decision on minimum requirements for the certificate of
destruction issued in accordance with Article 5(3) of Directive 2000/53/EC of the
European Parliament and of the Council on end-of-life vehicles following data have
to be provided:
1. Name, address, signature and registration or identification number (1) of the
establishment or undertaking issuing the certificate.
2. Name and address of competent authority responsible for the permit (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 is issued by a producer, dealer or collector on behalf of an
authorised treatment facility, the name and address and registration or
identification number (1) 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 (2)).
6. Class of vehicle, brand and model.
7. Vehicle identification number (chassis).
35
According to the Annex of the implementation report on the ELV Directive (EC 2007)
36
http://www.netregs.gov.uk/netregs/legislation/current/107158.aspx
37
http://www.scrapcar.co.uk/downloads/INF156.pdf
31
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
8. Name, address, nationality and signature of the holder or owner of the vehicle
delivered.
An end-of-life Vehicle Topic Group was set up following the Annual Conference 2008
of the Association of European Vehicle and Driver Registration Authorities (EReg)
The Topic Group meeting on 14 and 15 October 2008 concentrated on the areas that
seemed to be most problematic. The following issues were identified by the Topic
Group as areas for improvements: public awareness, enforcement and incentives. It
was widely accepted that the public awareness of the Certificate of Destruction
(COD) process was the main problem experienced in Member States. The Member
States at the meeting agreed that, at the moment, education was the best way
forward. Another conclusion was that the vehicle owner would be more likely to
follow the correct procedure if there was a financial incentive. Although not widely
used throughout the Member States, financial incentives had proven successful in
Finland and Sweden. In addition, the Topic Group formulated several
recommendations on public awareness, enforcement and incentives that other
Member States can benefit from. The Topic Group also formulated a
recommendation on the potential use of EUCARIS as a notification tool to inform a
registration authority that a vehicle had been dismantled in another country.
2.4. Conclusions & Recommendations
In general there are different approaches to the de-registration of vehicles across European
Member States. Concerning de-registration of ELV, in 2009 twenty-one Member States
reported that they had implemented the condition to present a CoD for de-registering an
ELV. However, in some Member States the number of CoDs issued is not equal to the
arising of ELVs. This is due to the fact, that a vehicle can be de-registered before the car
owner decides that his/her car becomes waste and thus an end-of-life vehicle. There is an
information gap regarding the whereabouts of de-registered vehicles.
Request information on the fate of a vehicle when de-registering it (e.g. by declaration of
the car owner, that there is no intention to dispose of the vehicle, and whether the car
owner intends to sell, export or garage the vehicle).
Request data on the national vehicle markets, including the number of de-registered cars
and the further use of de-registered cars (addressed to the European Commission).
32
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
3. LEGAL AND ILLEGAL SHIPMENT OF ELVs
Question
How many ELVs are legally or illegally exported from Member States?
3.1. Legal background
For the shipment of ELVs the most relevant legislation is, depending on the type of ELV
(hazardous or non hazardous) and the destination country (waste shipment between
member states, between third countries, or non- OECD countries)
Basel Convention on the Control of Transboundary Move
ments of Hazardous W
astes
and Their Disposal - adopted 1989
OECD Decision C(2001)107 final (as amended by C(2004)20, unofficial consolidat
ed
text) - applies to shipments of wastes destined for recovery
Waste Shipment Regulation (WSR) (EC) No 1013/2006 of the Europe
an Parliament
and of the Council of 14 June 2006 on shipments of waste
Bilateral and multilateral agreements (as registered under the Basel Convention)
Some wastes require stricter controls and regul
ations than others. The Waste Shipment
Regulation distinguishes between:
Green list (Annex III): list of waste subject to the general information requirements
laid down in Article 18 of the WSR: Generally, green listed wastes are non-
hazardous wastes, which can easily be recycled, such as waste paper and plastics.
Amber list (Annex IV): List of wastes subject to the procedure of prior written
notification and consent of Article 4 of the WSR.
Not listed waste
Table
4 gives an overview on the classification of vehicles and parts thereof relevant for
shipment according to IMPEL
38
.
38
IMPEL-TFS End of Life Vehicles : Vehicles for export Project ; Final report September 2008
33
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
Table 4: Classifications of vehicles and parts thereof
Classification Description/Comment on export
Operational second hand
vehicle
A vehicle that is roadworthy can be used directly for re-use
with no repair needed.
Not waste
Repairable second hand
vehicle
A vehicle that is certified as being capable of being repaired
and used for its original purpose. The certificate should state
what needs to be repaired before the vehicle is operational. If
a part is to be replaced, the defect part should be removed
prior to export e.g. broken windscreen, which shall need to be
recovered or disposed off in a correct and authorised manner.
Not waste
End of Life Vehicle
16 01 06
End of Life Vehicles, containing neither liquids nor other
hazardous components e.g. batteries or brake fluids.
Green listed waste (Annex VII).
Vehicle Wreck not de-
polluted e.g.
16 01 04*
End of Life vehicles not drained of their liquids or hazards
removed e.g. crushed vehicles with fluids present,
Hazardous waste
Scrap Metal
Car bodies with all materials other than the metal removed.
Green Listed waste (Annex VII): if no hazardous contaminants
Auto Shredder Residue
Waste arising from the shredding process is commonly
referred to as ASR. The burden of proof should rest with the
generators of the auto shredder residue to prove that the ASR
does not contain dangerous substances or does not display
properties of hazardous waste.
The following classifications apply:
- 19 10 03* Fluff – light fraction and dust containing
dangerous substances (hazardous waste).
- 19 10 04 Fluff –
Light fraction and dust other than those
mentioned in 19 10 03.
- 19 12 11* -
other wastes (including mixtures of materials)
from mechanical treatment of waste containing dangerous
substances (hazardous waste).
- 19 12 12 -
other waste (including mixtures of materials)
from mechanical treatment of waste other than those
mentioned in 19 12 11.
Source: Umweltbundesamt based on information provided by IMPEL-TFS End of Life Vehicles/Vehicles for export
Project; Final report September 2008
34
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
According to Article 2 (35) of the Waste Shipment Regulation illegal shipment means any
shipment of waste:
a. without notification to all competent authorities concerned pursuant to this
Regulation; or
b. without the consent of the competent authorities concerned pursuant to this
Regulation; or
c. with consent obtained from the competent authorities concerned through
falsification, misrepresentation or fraud; or
d. in a way which is not specified materially in the notification or movement
documents; or
e. in a way which results in recovery or disposal in contravention of Community
or international rules; or
f. contrary to Articles 34, 36, 39, 40, 41 and 43; or
g. which, in relation to shipments of waste as referred to in Article 3(2) and (4),
has resulted from:
i) the waste being discovered not to be listed in Annexes III, IIIA or IIIB, or
ii) non-compliance with Article 3(4),
iii) the shipment being effected in a way which is not specified materially in
the document set out in Annex VII.
3.2. Results
3.2.1. Legal shipment of ELVs and parts thereof
Information on legal shipments of ELVs and parts thereof was taken from data reported by
the Member States as requested by Commission Decision 2005/293/EC
39
and published by
Eurostat
40
. According to Eurostat
41
the reported features indicate a lack of clarity.
Table 5 summarizes the amounts of ELVs and parts
thereof exported by the individual
Member States for the reference years 2006, 2007 and 2008. According to the reported
figures the total amount of exported ELVs and parts thereof increased over the years.
39
COMMISSION DECISION laying down detailed rules on the monitoring of the reuse/recovery and reuse/recycling
targets set out in Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles
(2005/293/EC)
40
Eurostat (available at : http://epp.eurostat.ec.europa.eu/portal/page/portal/waste/data/wastestreams/elvs)
41
Draft guidance document ‘How to report on end-of-life vehicles according to Commission Decision 2005/293/EC’
(Revision by Eurostat from the 20th of April 2010)
35
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
Table 5: End-of-life vehicles and parts thereof exported for further treatment.
Member State
2006/
Weight of ELVs
exported in tonnes
2007/
Weight of ELVs
exported in tonnes
2008/
Weight of ELVs
exported in tonnes
Austria 0
0 0
Belgium 0
0 30,819
Bulgaria
1,070
392 Not reported
Czech Republic
0
Not reported Not reported
Cyprus
918
1,618 9,779
Germany 24,859
30,369 5,153
Denmark 103
12 7
Spain Not reported
0
0
Estonia
1,628
2,947 Not reported
Greece 0
0
0
France
15,542
61,804 84,040
Finland 94
0
Not reported
Hungary 0
108
487
Italy 0
8,985
73,602
Ireland Not reported
203
22,449
Luxembourg
4,561
2,671 2,355
Latvia
1,324
2,951 2,005
Lithuania
6,800
7,370 8,806
Malta Not reported
Not reported
Not reported
Netherlands
26,655
27,979 15,700
Portugal 1,232
Not reported
397
Poland
2,625
2,933 4,087
Romania 0
1,285
304
Sweden (824,375)*
Not reported
Not reported
Slovenia Not reported
Not reported Not reported
Slovakia Not reported
105 26
United Kingdom 903
1,034 Not reported
Total (912,689) 88,314
151,767 260,016
Source: Eurostat (available at:
http://epp.eurostat.ec.europa.eu/portal/page/portal/waste/data/wastestreams/elvs
)
The reported data of Sweden for the year 2006 cannot be adequately explained. The export is significantly higher
than the ELV reported in 2005.
36
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
Reasons for the export of ELVs and parts thereof are:
Higher costs and taxes for the treatment of ELVs or parts thereof in the country of
dispatch (e.g. France exports ELVs to Spain because of lower costs for the disposal
of shredder residues).
A lack of treatment capacity in the country of dispatch (e.g. small countries have not
all required treatment facilities so that they export their waste to other countries).
The installation of specialised treatment facilities is more expensive than exporting
the ELVs.
When the distances to treatment facilities in a neighbour country are closer than
distances to treatment facilities within a country.
3.2.2. Shipment of second-hand cars
In order to draw conclusions on the shipment of used cars, information from the Eurostat
database COMEXT (official European Foreign Trade Statistic) was analyzed. The database
provides data on comm
ercial exports of used cars (not classified as waste) classified by CN-
codes and sub-classified by their cylinder capacity e.g.: CN 8703 21 90: Motor cars and
other motor vehicles principally designed for the transport of persons, incl. station wagons
and racing cars, with spark-ignition internal combustion reciprocating piston engine of a
cylinder capacity <= 1.000 cm³, used (excl. vehicles for the transport of persons on snow
and other specially designed vehicles of subheading 8703.10)
Once exported, there is an information gap concerning the whereabouts of these used cars.
The cars can either be re-registered, shipped further to another country or classified as an
ELV and are handed over to a treatment facility in the country of destination.
Table 6 shows the exports between the Member States (Intra*) and shipments to third
countries (Extra*) from
2007 to 2009 for EU-2
7. It demonstrates that the total amount of
exports from the Member States have continuously declined over the last few years. This
may be attributed to the world-wide economic crisis and accompanying scrappage
programmes carried out in several Member States.
37
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
Table 6: Exports of used cars in units
Member
State
Exports
2007 in
units
Exports
2007 in
units
Exports
2007 in
units
Exports
2008 in
units
Exports
2008 in
units
Exports
2008 in
units
Exports
2009 in
units
Exports
2009 in
units
Exports
2009 in
units
EU27_EXTRA EU27_INTRA Total
EU27_EXTRA
EU27_INTRA
Total
EU27_EXTRA EU27_INTRA
Total
Austria 9,125 29,894 39,019
7,111
30,518
37,629
4,485 27,294
31,779
Belgium 168,654 75,952 244,606
189,671
83,365
273,036
184,654 92,078
276,732
Bulgaria 756 183 939
1,078
98
1,176
1,663 194
1,857
Cyprus 32 3 35
40
4
44
28 10
38
Czech
Republic 25,151 2,513 27,664
2,821
722
3,543
79 922
1,001
Denmark 8,892 16,643 25,535
1,754
14,779
16,533
2,273 11,064
13,337
Germany 255,853 240,264 496,117
243,091
214,324
457,415
224,386 164,694
389,080
Estonia 2,279 614 2,893
2,681
842
3,523
1,388 1,603
2,991
Ireland 551 52 603
81
18
99
343 10
353
Greece 146 181 327
134
241
375
110 134
244
Spain 6,349 81,883 88,232
5,792
228,834
234,626
7,439 110,199
117,638
Finland 839 95 934
336
92
428
202 81
283
France 15,787 96,044 111,831
25,552
86,526
112,078
14,099 82,499
96,598
Italy 30,055 71,258 101,313
20,576
49,895
70,471
16,524 52,029
68,553
Latvia 5,685 852 6,537
1,541
261
1,802
2,047 2,842
4,889
Lithuania 334,790 14,106 348,896
238,851
8,690
247,541
148,763 4,616
153,379
Luxembourg 71 20,064 20,135
1,044
19,423
20,467
106 21,068
21,174
Hungary 1,645 870 2,515
948
656
1,604
679 1,886
2,565
Malta 9 2 11
13
1
14
10 1
11
Netherlands 44,271 8,747 53,018
53,728
15,696
69,424
28,415 9,024
37,439
Poland 51,466 55 51,521
27,024
185
27,209
25,823 1,956
27,779
Portugal 3,648 349 3,997
3,514
26
3,540
3,600 222
3,822
Romania 72 38 110
50
182
232
251 967
1,218
Slovenia 70,688 1,091 71,779
37,993
2,374
40,367
39,476 2,263
41,739
Slovakia 306 4,532 4,838
134
497
631
68 706
774
Sweden 5,848 705 6,553
5,421
1,158
6,579
10,693 3,925
14,618
United
Kingdom 112,646 9,747 122,393
22,001
34,798
56,799
75,899 17,135
93,034
Total 1,155,614 676,737 1,832,351
892,980
794,205
1,687,185
793,503 609,422
1,402,925
Source: database COMEXT
*Extra-EU trade statistics cover the cross-border trading of goods between EU Member States and so-called third
countries (countries outside the European Union). Data have been collected via the customs authorities.
*Intra-EU trade statistics cover the cross-border trading of goods between EU Member States.
38
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
Figure 2 shows the exports of used cars between the EU-27 (red column) and out of the
EU-27 Member States (blue column). The figure shows a decline of exports for used cars
out of the EU from 2007 to 2009. Obviously, there are significantly more exports from the
EU than between the Member States.
Figure 2 : Export of used cars between and out of the EU-27 (in units)
Source: Umweltbundesamt based on data provided by COMEXT database
The main destination of used cars (> 30% of all shipments) was Africa. Nearly 12 percent
of the used cars were exported to Belarus. Three Member States are directly bordering to
Belarus (Poland, Lithuania, Latvia). Approximately 10 percent went to Russia. 8.5 percent
of the used cars were exported to Kazakhstan 2008 (see Figure 3).
On
e of
the driving forces for illegal shipment of ELVs is that predominantly in countries with
low average income, both in some European regions and outside the EU, there exists a
market for very cheap cars, which are mostly in a bad technical condition or will even just
serve as a source of spare parts. The car holder of an old vehicle can earn some profit
(usually a few hundred Euros) when selling it to a trader who will ship it abroad, whereas
disposing of the ELV in the country of de-registration usually does not bring any income.
A topic group on end-of-life vehicles under EReg stated that a vehicle owner would be more
likely to follow the correct procedure if there was a financial incentive. Although not widely
used throughout the Member States, financial incentives had proven successful in Finland
and Sweden.
39
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
Table 7: Exports of used vehicles out of the EU in 2008
Destination
Exports in units
Share of total exports in
percent
Africa 298,234
33.4
Belarus 104,624
11.7
Russia 88,122
9.9
Kazakhstan 75,467
8.5
Tajikistan 40,716
4.6
Serbia 39,721
4.4
Kyrgyzstan 36,762
4.1
Georgia 32,049
3.6
Bosnia Herzegovina 30,844
3.5
Moldavia 6,411
0.7
Montenegro 5,659
0.6
Asia 4,463
0.5
other countries 129,908
14.5
Total 892,980
100.0
Source: COMEXT database
Figure 3 : Main destinations for used cars out of the EU-27 in 2008 (in units)
Source: Umweltbundesamt based on data provided by COMEXT database
40
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
In 2008 approximately 298.200 cars were exported to Africa. Table 8 shows in detail to
which African regions used cars were shipped. The leading countries regarding their imports
of European used cars are Benin (81.000 units), Angola (39.800 units), Nigeria (25.387),
Cameron (16.600) and Togo (16.100).
Table 8: Destinations of exported used cars in Africa in 2008
Destination Exports in units
EasternAfrica 11,203
MiddleAfrica 86,561
NorthernAfrica 12,694
SouthernAfrica 816
WesternAfrica 186,960
Total 298,234
Source: COMEXT database
Table 9 shows the average price of used cars exported from the E
U-27. The prices for use
d
cars exported to different African countries are varying between 800 and 2.900 EUR.
Tajikistan with 750 EUR and Kyrgyzstan with 920 EUR are the countries with the lowest
prices for imported used cars. The examples given for European Member States (Austria:
14.800 EUR, Italy: 17.170 EUR) illustrate the differences in the prices for used cars in the
European Union and third countries.
Table 9: Average price of imported used cars (exports from the EU) in 2008
Destination
Average price of imported used cars
(EUR)
Africa 1,940
Belarus 3,630
Russia 9,580
Kazakhstan 1,097
Tajikistan 750
Kyrgyzstan 920
Georgia 2,110
BosniaHerzegovina 3,990
Moldavia 7,780
Montenegro 6,680
Austria 14,800
Italy 17,170
Source: COMEXT database
41
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
3.2.3. Illegal shipment of end-of life vehicles
Some information that illegal shipment of ELVs takes place can be derived from press
reports. Following there are some examples regarding shipments to Africa:
According to the “Hamburger Abendblatt” from March 26 2009:
(http://www.abendblatt.de/politik/deutschland/article165
432/Erste-B
etrugsfaelle-
mit-Altautos.html)
seven vehicles were discovered in the course of inspections at the habour Hamburg
for which a scrappage bonus has had been paid before.It is furthermore reported
that 170,000 vehicles are shipped by Unikai in Hamburg, whereby half of this
amount is destined for Africa.
According to a report in the German “Spiegel online” from April 17 2009:
(http://www.spiegel.de/auto/aktuell/0,1518,6
19494,00.html
)
Representatives of the German “Bund Deutscher Kriminalbeamter” approximately
500 end-of-life vehicles for which a premium in the course of scrappage program
has been received were illegally exported to Africa in the beginning of 2009.
According to the Austrian “Die Presse” from July 4 2010:
(http://diepresse.com/home/wirtschaft/international/492556/print.d
o
)
400,000 vehicles per year are shipped to Africa (a certain percentage thereof
illegally) by the shipping company Grimaldi (Hamburg). Shipments go the nearly
each of the countries on the West Coast of Africa. The vehicles transported have a
value of far below 2,000 Euros. The transport fee varies from 300 to 500 Euros.
Cotonou in Benin is reported to be the largest reloading point for cars in Africa. In
Benin the import of second-hand cars accounts for 14% of the national GDP. The
price for second-hand cars that is paid in Africa varies from several hundred to
several thousand Euros, for trucks it varies from 5,000 to 10,000 Euros.
This gives evidence that considerable quantities of ELVs are exported illegally from
European Member States; predominantly to Africa. This is supported by the outcome of
joint activity inspections in the frame of an IMPEL-TFS project finished in 2008, where
several cases of illegal shipment of end-of-life vehicles were reported – mostly to African
countries
42
.
To find out if all end-of-life vehicles are accounted for and if in individually cases ELVs are
illegally exported as used car, a crucial factor is the differentiation between ELVs and used
cars (see also Figure 4). The question when a
used car ceases to be product and becomes
waste according to the Waste Framework Directive (2008/98/EC) is answered in a different
way across EU Member States. As a consequence, the question if a transboundary
shipment of a vehicle is subject to the provisions of the Waste Shipment Regulation No
1013/2006 is answered differently in individual cases.
42
IMPEL-TSF End of Life Vehicles : Vehicles for export Project ; Final report September 2008
42
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
Figure 4 : End of life vehicle or second-hand car?
Source: Judith Oliva
To address this problem the Correspondents’ Guidelines No 9 (draft status), which outlines
how the Waste Shipment Regulation should be interpreted by all Member States, provides
guidance on the distinction between an end-of-life vehicle and a used car.
Cases of illegal shipments of wastes are reported to the EU Commission regularly. There
are different reasons for illegal shipments, including:
Incorrect classification of the transported waste (registered as green list waste, but
in reality should be included in the amber list)
Not classified as a transboundary shipment
Waste is classified as a product (e.g. ELV are declared as used car)
Falsifying notification for hazardous waste shipment
Missing shipment documents
Export of waste, which is not allowed to be exported
3.3. Steps taken by Commission Services to overcome problems
IMPEL (the European Union Network for the Implementation and Enforcement of
Environmental Law):
IMPEL is an international association of environmental authorities in Europe. The
network is committed to contribute to a more effective application of European
Community Environmental legislation by capacity building, awareness raising,
sharing good practices, providing guidance and tools, enforcement cooperation and
giving feed back to lawmakers and regulators on the practicability and enforceability
of environmental legislation. IMPEL-TFS stands for Trans-Frontier Shipment of waste
and deals with matters on the Waste Shipment Regulations. The content of the
published documents concerns the results of domestic inspections which have taken
place as well as information on implementation and enforcement methods and
efforts related to the WSR. Literature surveys and discussions between IMPEL
Member States, for example at meetings and conferences held in connection with
the project drafting also have an influence on IMPEL-TFS results.
43
43
http://impel.eu/
43
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
IMPEL TFS Enforcement Action II – Interim Report 2009:
The Enforcement Actions II project promotes coordinated activities for the period
2008-2010. In total 26 countries14 participate in the project to develop their
expertise in inspections through learning-by-doing and intense cooperation and
information exchange.
Through October 2008 to June 2009 10,481 transport inspections were reported as
joint activity inspection from 22 countries. The inspections were executed as at
random as well as target-oriented inspections on roads and seaports. Violations
were detected at 19% of the inspected waste shipments. In 37% of these cases the
shipments were illegal due to export bans or missing notifications for mainly
electronic waste and end of life vehicles to Africa and (contaminated) plastics and
paper waste to Asia. In 46% of the cases administrative violations were detected
other violations related to
aste shipments were discovered, like transports by non-authorised waste
detected in more than 50% of the cases. More than 80% of
like deficits in transport documents. In 17% of the cases
w
transporters. Besides these planned transport inspections several countries reported
also the results of concrete enquiries of customs and police, with over 100 additional
detected illegal shipments. During company inspections for verification purposes
irregularities have been
all activities performed where joint actions of the different competent authorities. In
total 10 cases of violations according the shipment of ELV (related to Article 2.35
‘illegal export’ and ‘contamination’ and to Article 4 ‘no notification’) occurred.
44
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
3.4. Conclusions & Recommendations
There is evidence suggesting that considerable numbers of ELVs are exported illegally from
European Member States; predominantly to Africa and the Middle Eastern countries. This is
supported by several press reports as well as by the results of joint activity inspections in
the framework of an IMPEL-TFS project completed in 2008, where several cases of illegal
shipment of end-of-life vehicles were reported – mostly to African countries
44
.
Intensify
Member State inspections of transports within and out of the EU (addressed to
Member States)
Effective action against illegal shipments of end-of-life vehicles is hampered by the fact that
there are differences in the interpretation of end-of-life vehicles and used cars, and the
distinction between them, in different countries. To address this problem the
Correspondents’ Guidelines No 9 (draft status), which outlines how the Waste Shipment
Regulation should be interpreted by all Member States, provides guidance on the distinction
between an end-of-life vehicle and a used car.
Establish binding rules at European level for the distinction between ELVs and used
vehicles (addressed to the European Commission).
Ensure wide application of the guidance document by the waste inspectors (addressed to
the Member States).
In countries with low average income in some European regions as well as outside the EU
there is a market for very cheap cars, often in bad condition or serving as a source of spare
parts. An important motive for illegal shipments of end-of-life vehicles is that the owner of
an old vehicle can make some profit (usually a few hundred Euros) when selling it to a car
dealer who ships it abroad, whereas there is usually no money to be made from disposing
of an ELV in the country of de-registration.
Enhance the economic attractiveness of disposing of an old vehicle in the country of de-
registration, such as refunds obtained in a deposit-refund system (addressed to the
Member States).
44
IMPEL-TFS End of Life Vehicles 2008: Vehicles for export Project ; Final report September 2008
45
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
4. DE-POLLUTION OF ELVs
Question
Are all ELVs properly de-polluted?
4.1. Legal background
According to Article 6(3) of the ELV-Directive Member States shall take the necessary
measures to ensure that any establishment or undertaking carrying out treatment
operations fulfils at least the following obligations in accordance with Annex I:
(a) end-of life vehicles shall be stripped before further treatment or other equivalent
arrangements are made in order to reduce any adverse impact on the environment.
Components or materials labelled or otherwise made identifiable in accordance with Article
4(2) shall be stripped before further treatment;
(b) hazardous materials and components shall be removed and segregated in a selective
way so as not to contaminate subsequent shredder waste from end-of life vehicles;
(c) stripping operations and storage shall be carried out in such a way as to ensure the
suitability of vehicle components for reuse and recovery, and in particular for recycling.
Treatment operations for de-pollution of end-of life vehicles as referred to in Annex I(3)
shall be carried out as soon as possible.
The following treatment operations for de-pollution of ELV are stipulated in Annex I (3):
removal of batteries and liquefied gas tanks,
removal or neutralisation of potential explosive components, (e.g. air bags),
removal and separate collection and storage of fuel, motor oil, transmission oil,
gearbox oil, hydraulic oil, cooling liquids, antifreeze, brake fluids, air-conditioning
system fluids and any other fluid contained in the end-of-life vehicle, unless they are
necessary for the re-use of the parts concerned,
removal, as far as feasible, of all components identified as containing mercury.
Components and materials containing Pb, Cd, Hg or CrVI, which have to be labelled
according to Annex II to the ELV-Directive, comprise:
Batteries
Vibration dampers
Solder in electronic circuit boards and other electrical applications except on glass
Solder in electrical applications on glass
Electrical components which contain lead in a glass or ceramic matrix compound
except glass in bulbs and glaze of spark plugs
Absorption refrigerators in motor-caravans
Discharge lamps for headlight application
Fluorescent tubes used in instrument panel displays
46
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
4.2. Results
The Commission’s report on the implementation of the ELV-Directive for the period 2005-
2008
45
does not refer to de-pollution of end-of life vehicles.
4.2.1. Materials removed from ELVs as reported by
Member States
Decision 2005/293/EC
46
lays down detailed rules on the monitoring of the reuse/recovery
and reuse/recycling targets set out in the ELV-Directive. According to Table 1 of the Annex
to the Decision materials arising in the course of de-pollution and dismantling of ELVs have
to be reported. However, individual reporting per material or component is not requested.
For 2008 the quantities of ‘batteries’, ‘liquids (excluding fuels)’, ‘oil filters’ as well as ‘other
materials arising from de-pollution’ were reported by approximately half of the Member
States.
In the following sections the reported quantities on batteries and fluids (excluding fuels)
removed from end-of-life vehicles in 2008 as published by Eurostat
47
compared to the
arising of end-of-life vehicles in the respective Member State is presented. Although
concerns on the quality of reported figures have been raised (c.f. European Commission,
2009)
46
indicative conclusions can be drawn.
Batteries:
Figure 5 illustrates the quantities of batteries removed during de-pol
lution (kg/ELV) in
2008. The average weight of the starter battery can be estimated to be about 14.5
kg/ELV
48
,
49
.
Approximately half of the reporting Member States removed starter batteries in
the order of magnitude of the expected amounts in ELV. Comparably lower removal of less
than 50% of the expected value was reported by Latvia, Slovenia, Slovakia, Germany and
the UK. However, this does not necessarily indicate that batteries are not removed
properly. Consulted waste experts indicated, that - in particular in Southern and Eastern
European countries, removal of batteries often takes place before vehicles are handed over
to authorised treatment facilities due to the economic value of lead.
45
European Commission (2009): Report on the Implementation of Directive 2000/53/EC on End-of-Life-Vehicles
for the period 2005-2008
46
COMMISSION DECISION laying down detailed rules on the monitoring of the reuse/recovery and reuse/recycling
targets set out in Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles
(2005/293/EC)
47
http://epp.eurostat.ec.europa.eu/portal/page/portal/waste/data/wastestreams/elvs
48
Ökopol (2002): Rules on compliance with Article 7.2 of Directive 2000/53/EC. Report compiled for the
Directorate General Environment, Nuclear Safety and Civil Protection of the Commission of the European
Communities, Contract No B4-3040/2002/335823/MAR/A2.
49
GHK & BioIS (2006): A study to examine the benefits of the End of Life Vehicles Directive and the costs and
benefits of a revision of the 2015 targets for recycling, re-use and recovery under the ELV Directive; Final Report
to DG Environment.
47
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
Figure 5 : Removal of starter batteries from ELV 2008
0
2
4
6
8
10
12
14
16
18
20
kg/ELV
Removalofstarterbatteries,2008
averageweightofbatteryperELV
Source: Umweltbundesamt based on data provided by Eurostat
(http://epp.eurostat.ec.europa.eu/portal/page/portal/waste/data/wastestreams/elvs
, extracted at October 6
th
2010)
Liquids (excluding fuels):
Figure 6 illustrates the quantities of liquids (excluding fuels) removed during de-pollution
(kg/ELV) in 2008. The a
verage weight of liquids contained in end-of-life vehicles is reported
to be approximately 12 kg/ELV
48,49
. Assuming that data reflect the current situation,
removal is rather incomplete in some Member States.
Figure 6 : Removal of liquids (excluding fuels) from ELVs
0
2
4
6
8
10
12
14
kg/ELV
Removalofliquids,2008
averageweightofliquidsperELV
Source: Umweltbundesamt based on data published by Eurostat
(http://epp.eurostat.ec.europa.eu/portal/page/portal/waste/data/wastestreams/elvs
, extracted at October 15
th
2010)
48
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
4.2.2. Removal of individual materials/components containing hazardous substances
The following sections provide information on individual types of components containing
hazardous substances removed from end-of-life vehicles more detailed than the statistics
provided by Eurostat.
Apart from a report commissioned by the European Commission some years ago (GHK &
BioIS, 2006
50
), for some Member States (BE, NL) information on the removed quantities of
individual materials/components is available from ELV treatment monitoring systems.
Further information on the current practice was obtained from Member States
representatives and waste treatment experts consulted during this study.
Batteries:
According to GHK & BioIS (2006) removal of whole lead-acid batteries (including the
electrolyte) and selling them to dedicated treatment facilities is the predominant practice
carried out by authorised ELV-treatment facilities. In illegal facilities batteries are typically
left in the car body which is sent to the shredder, or batteries are mashed open and lead-
bearing components are sold while the electrolyte spills into the soil and the remaining
waste is dumped in the environment. GHK & BioIS pointed out that leaving the battery in
the car body also occurred in authorised treatment facilities. The recycling of batteries is
actually determined largely by the potential earnings of scrap collectors and traders. In
case of low lead prices (e.g. over the 1990-1993 and 1996-2000 periods), scrap dealers
have no financial motivation to take batteries out. According to waste treatment and
recycling experts contacted during this study this phenomenon might be of no or very
limited relevance anymore. On the one hand depressed lead prices are not expected in the
near future. On the other hand batteries can easily be stockpiled and sold in times of higher
lead prices. It was furthermore stated, that shredder plant operators are very much
interested in the removal of batteries from the shredder input for economic reasons (lower
revenues from steel scrap due to lead-contamination, increased abrasion in the shredder).
Fluids:
According to GHK & BioIS 2006
36
fuels are generally separated from other fluids (even by
illegal operators) as they have an economical value and can be easily reused on-site. For
treatment facilities operating in line with the ELV-Directive, different practices of handling
liquids were reported. Differences existed in the number of fluids collected separately and
their destination.
Removal and separate storage of 5-6 fractions which are sent to different
reprocessing or regeneration facilities: e.g. in the Netherlands, the Dutch auto
recycling service provider ARN Auto Recycling Nederland organises the collection of
fuel (when not clean enough to be re-used), waste oils, brake fluid, coolant, screen
washing fluid and since 2004 air conditioning fluid. In Germany and the UK, the
trend seems also to be the separation of several fractions.
50
GHK & BioIS (2006): A study to examine the benefits of the End of Life Vehicles Directive and the costs and
benefits of a revision of the 2015 targets for recycling, re-use and recovery under the ELV Directive; Final Report
to DG Environment.
49
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
Removal and separate storage of two fractions: waste oils + brake fluid, coolant +
screen wash. In France, waste oil + brake fluid are burnt for energy recovery (e.g.
in cement kilns; usually the dismantler has to pay for treatment of waste oils).
Coolant + screen wash can be sent for regeneration.
Removal and separate storage of one fraction: in Hungary, waste oils + brake fluid
are stored and sent for energy recovery or recycling. Coolant + screen wash are left
in the car body and remain in shredder residues.
No specific practice regarding the number of fractions stored separately, as in
Poland.
Further informal practices are described. For instance, waste oils sent to regeneration are
sometimes polluted by water-based fluids. When collectors collect free of charge without
strong constraints and control, dismantlers are not encouraged to separate different types
of fluids.
In uncontrolled dismantling places, waste oils and water-based fluids are partly spilt into
the environment and partly left in the car body and thus transferred to the shredder
process.
However, it was reported that also in non authorised facilities part of the fluids are removed
in order to keep the working environment clean. The existence of a free collection system
in a country would support such behaviour.
Further details on fluids stripped from ELVs are available from monitoring systems for ELV
treatment of individual Member States.
Table 10 shows quantities of fluids removed
in the course of E
LV treatment as derived from
the EMS-system of Febelauto
51
, which is responsible for 100% of ELV treatment in Belgium.
Table 10: Removal of fluids from ELV in Belgium in 2009 as reported by
FEBELAUTO
Fluid
Quantity removed
(kg/ELV)
Hydraulic oil 0.1
Air-conditioning fluids 0.01
Brake fluids 0.2
Cooling liquids 1.6
Screen washing fluid 0.7
Engine oil / gearbox oil 4.2
Oil/water
0.8
Total fluids (excl. fuels) 7.6
Petrol
3.3
Diesel 2.7
Total fluids (inkl. fuels) 13.6
Source: FEBELAUTO (2009): Rapport national 2009, available at
http://www.febelauto.be/files/rapportannuel2009.pdf
51
FEBELAUTO (2009): Rapport national 2009: http://www.febelauto.be/files/rapportannuel2009.pdf
50
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
According to information on current practices obtained by ELV-treatment experts liquids are
in general removed to a large degree (fuel, motor oil, coolant). However, brake fluids
(according to ARN 2007
52
amounting for approx. 0.3 kg/ELV), windscreen washer fluid
(according to ARN 2007 accounting for approx. 1.1 kg/ELV) and hydraulic oil are usually
not or only partly removed even in authorised treatment facilities.
According to information provided by the UK in the course of this survey their Environment
Agency has had difficulty persuading authorised treatment facilities to de-pollute shock
absorbers and oil filters, but compliance has grown significantly in the past few years, with
growing sales of specific drainage equipment.
Air bags:
According to GHK & BioIS 2006
50
air bags did not seem to cause a major problem in 2006
as the proportion of end-of-life vehicles containing intact air bags was still low then
(approx. 10%). On the one hand air bags are found only in some of the most recent
vehicles put on the market within the last 8 years. On the other hand a certain proportion
of air bags has been damaged or detonated before the ELV arrives at the dismantling
facility (e.g. during a car accident).
Several practices co-existed in the countries analysed by GHK & BioIS in 2006: 1) removal
of working air bags and re-use, 2) removal and deploying in a separate chamber, 3)
exploding inside the ELV placed in a controlled environment and 4) leaving the air bag in
the car body.
Removal and re-use of intact air bags was still the predominant practice then. Leaving the
air bag in the car body was in general – considering the overall low amounts in ELVs- not
claimed to cause problems for shredder plants. The two other practices were reported to be
new (for instance they begin to develop in France in certified treatment facilities and in the
UK).
Further details on air bags removed from ELVs are available from monitoring systems for
ELV treatment of individual Member States. According to data reported to the EMS-system
of Febelauto
53
, in Belgium 0.02 kg/ELV of explosive components were removed in 2009.
Liquefied gas tanks:
Liquefied gas tanks (LGT) are found in a relatively small proportion of ELV. They are most
common in the Benelux countries. In the Netherlands the proportion of ELVs with LGTs
accounts for approximately 8% (GHK & BioIS, 2006). In the Netherlands, dismantlers
having contracted with the auto recycling service provider ARN are obliged to remove the
tanks and send them to certified de-gazing companies where propane is either sold or
burnt.
52
ARN (2007): Monitoring and reporting on ELVs in the Netherlands. Available at:
http://nfp-bg.eionet.eu.int/bul/NS
MOS/Wastes/ELV_Netherland_05_2007/ARN%20Monitoring%20of%20ELV.pdf
53
FEBELAUTO (2009): Rapport national 2009: http://www.febelauto.be/files/rapportannuel2009.pdf
51
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
They then have the possibility to take back empty tanks to either sell them as second hand
parts or deliver them to steel recycling facilities. ARN started this practice in 1996 under
the pressure of shredders when the proportion of LGTs reached a level which began to
create a significant risk of explosion during the shredding process. In the other MSs,
several practices co-exist at the dismantling facilities: LGTs are either removed and sent
back to the producer or removed for flaring propane on-site, after which the tank is put
back into the car body or they are left in the car body to explode during the shredder
process.
Further details on LGTs removed from ELVs is available the EMS-system of Febelauto
53
. In
Belgium in 2009 0.01 kg LGTs per ELV treated were removed.
Further components containing hazardous substances Pb, Hg, Cd or CrVI:
Stakeholder interviews carried out in the course of this study indicated that components
containing Hg, such as discharge lamps for headlight application or fluorescent tubes used
in instrument panel displays are usually not removed.
The same is indicated for electrical components containing Pb such as printed circuit
boards. Even if removal of wheel balancing weights is the common practice they seem to
be removed to a lower degree in times of low lead prices.
To facilitate de-pollution and dismantling of ELVs the IDIS-system (International
Dismantling Information System) has been established by automotive manufacturers (see
also Chapter 6.2.3). However, according to ELV treatment experts and Me
mber States
representatives it is not the current practice among dismantlers to use this information.
4.2.3. ELV-treatment facilities in Member States
According to GHK & BioIS
(2006) the number of illegal dismantling facilities was still
relatively high in some Member States in 2006. The overall number of authorised
dismantlers in the EU-25 was approximately 8,000, the number of shredders 232.
Regarding illegal facilities considerable differences were reported between Member States.
In Member States, where a funded system (such as NL, DK, SE) has been established for
quite a long time illegal dismantlers were progressively replaced by authorised treatment
facilities, mainly in order to be able to beneficiate from financial support. The number of
illegal facilities was believed to be lower than 10% or even close to 0%. However, GHK &
BioIS also presented estimations of the proportions of illegal facilities in some countries:
40% in France (800-900 illegal vs. 1,200-1,300 authorised), 80% in Hungary (several
hundreds of illegal facilities vs. 80 authorised) and 50% in Belgium.
Indication of illegal treatment of end-of-life vehicles in 2005 is also given by very low
numbers of authorised treatment facilities compared to the numbers of end-of-life vehicles
treated. According to data published by the European Commission very low numbers were
reported for several Member States (PT, GR, UK, Ireland)
54
(see
Table
11).
54
European Commission (2007): Commission Staff Working Document accompanying the report from the report
on the targets contained in Article 7(2)(b) of Directive 2000/53/EC on End-of-life vehicles, Impact Assessment and
MS-information gathered within this project.
52
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
In order to draw conclusions on developments in the ELV treatment sector,
Table
11 furthermore presents data on numbers of authorised treatment facilities in 2008
or 2010. Data was obtained by asking selected Member States representatives and from
questionnaires pursuant to Commission Decision 2001/753/EC for the period 2005 – 2008
provided by some Member States. It is obvious, that in several Member States (UK, BE,
GR, PT, FI, IR) the number of authorised ELV treatment facilities has increased significantly
over the past years.
According to information obtained during this study 370 illegal sites had been identified in
England and Wales. Thus in April 2008 the UK Environment Agency launched a coordinated
national campaign to tackle illegal ELV and scrap metal sites, with hard penalties. In the first 12
months they closed or brought into regulation almost half of these sites.
Table 11: Authorised ELV-treatment facilities
Member State
No. of
ATFs
(2005)
1
No treated
ELV per
ATF
(2005)
1
No. of ATFs (incl. shredders) in 2008 or 2010
2
Austria 200 620 216 (6 shredders) (2008)
Belgium 48 1,917 120 (12 shredders) (2010)
Cyprus 1 ND 2
Czech Republic 80-100 ND ND
Germany 1,178 1,019 1,261 (36 shredders) (2008)
Denmark 210 381 ND
Spain 540 1,852 ND
Estonia 70 214 32 (1 shredder) (2010)
Greece 4 5,000 56 (2008)
France 1,000 1,300 ND
Finland 60 1,483 235 (2010)
Hungary 150 ND ND
Italy 1,800 508 ND
Ireland 35 3,714 85 (2008)
Luxembourg 4 4,500 ND
Latvia 261 311 ND
Lithuania 43 465 ND
Malta ND ND ND
Netherlands 500 544 418 (2008)
Portugal 8 6,500 45 (2008)
Poland 670 119 557 dismantlers (2007)
Sweden 370 641 365 (2008)
Slovenia 20 ND ND
Slovakia 30 ND ND
UK 732 2,883 1,607 (2008) 1,750 (2010)
53
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
Sources:
1... European Commission (2007): Commission Staff Working Document accompanying the report from the report
on the targets contained in Article 7(2)(b) of Directive 2000/53/EC on End-of-life vehicles, Stakeholder Report
(2005)
2... Member States questionnaires pursuant to Commission Decision 2001/753/EC for the period 2005 – 2008
and/or own survey among Member States representatives
ATF...Authorised Treatment Facility
ND...no data available
4.2.4. Inspections of ELV treatment facilities
According to t
he information gained from selected Member States, inspection of authorised
treatment facilities regarding compliance with the de-pollution provisions given by the ELV-
Directive is carried out either by local authorities, independent inspection experts or
Environment Agencies.
Some information on the frequency of inspections of de-pollution at dismantling facilities
was obtained in the course of the survey conducted. In Austria
30-40 inspections per year
are performed (~200 facilities). Estonia
stated that in 2008 36 inspections of dismantlers
were performed and 51 inspections in 2009 (31 dismantling facilities). According to
information from the UK
most authorised treatment facilities are inspected at least twice a
year. In Sweden
not every facility is checked within a year.
The following difficulties regarding checks of de-pollution were stated by inspection experts
consulted during this survey. Firstly de-pollution may be carried out at different stages of
the ELV treatment chain, thus impeding plausibility checks regarding quantities removed.
Secondly, if dismantling of end-of-life vehicles is not the only activity carried out by a
facility it might not be possible to assign individual waste outlets to de-pollution of end-of-
life vehicles.
4.2.5. Contamination of shredder residues
Besides the prevention of direct spillage of fluids, de-pollution of end-of-life vehicles a
i
ms
at reducing contents of hazardous substances being transferred to shredder processes,
where they can cause emissions and contamination of shredder residues. There seems to
be no comprehensive investigation of the effects of the de-pollution provisions defined in
the ELV -Directive on reducing the contamination of shredder residues.
It is well known that the presence of hydrocarbons in fluff is usually caused by improperly
de-polluted ELV. Contents of hydrocarbons in fluff as reported recently range from 6-10
g/kg
55
to 10-30 g/kg
56
. A comprehensive analysis of shredder light fraction carried out by
LANUV determined a hydrocarbon content of 15 g/kg (median of samples analysed between
1985 and 2003)
57
.
55
SPUZIAK-SALZENBERG (2009): Stoffstromspezifische Behandlung von SLF-Fraktionen.
56
Results of waste analyses: not published.
57
LANUV (2004): Landesamt für Natur-, Umwelt und Verbraucherschutz, Nordrhein-Westfahlen: Shredderabfälle,
Abfalldatenblätter energetisch verwertbare Stoffgruppen. See also:
http://www.lanuv.nrw.de/abfall/bewertung/energetisch.htm
54
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
It is not possible to draw direct conclusions regarding de-pollution of ELV from this data.
One reason is that ELV are only a part of the total shredder input; which in many countries
accounts for approximately 10-40%. However, it can be interpreted as an indicator for
incomplete ELV-de-pollution.
4.3. Steps taken by Commission Services to overcome problems
De-pollution of ELVs unless relevant regarding the achievement of recycling/recovery
targets was not a topic on the agenda of the European discussion recently.
4.4. Conclusions & Recommendations
First, there is evidence suggesting that end-of-life vehicles are treated illegally in some
cases. However, the situation seems to be improving.
Measures against illegal waste car dismantlers and unauthorised treatment facilities,
respectively, should be taken (e.g. by reinforcing inspections by Member States competent
authorities) (addressed to the Member States)
Furthermore, there is some evidence suggesting that even in authorised treatment facilities
de-pollution is not in full compliance with the relevant requirements of the ELV Directive.
Liquids seem to be removed to a certain extent. Certain types of fluids or components such
as brake fluids, windscreen washer fluid, oil filters or shock absorbers, however, are not
always removed or de-polluted. Usually little effort is put into the removal of components
containing heavy metals, such as Hg-containing display backlights or switches. Lead-acid
batteries are generally removed from end-of-life vehicles because lead may be used as a
source of income and because of constraints for the shredder-process if not removed.
Liquefied gas tanks and air bags are usually removed because of the well-known risks for
shredder plants.
Inspections of ELV treatment plants should address the effectiveness of de-pollution
adequately (addressed to the Member States)
De-pollution of ELVs should lead to shredder-residues with low contents of hazardous
substances. According to some available information on the composition of shredder
residues, it is in particular the content of hydrocarbons that indicates that the de-pollution
of end-of-life vehicles is not always sufficient.
Assessing comprehensively the quality of ELV shredder residues would allow conclusions
about the effectiveness of the de-pollution of end-of-life vehicles (addressed to the
European Commission)
55
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
5. RECYCLING AND RECOVERY OF ELVS
Question
Are all ELVs being recycled and what success rates are being achieved?
5.1. Legal background
According to Article 7(2) of the ELV-Directive Member States shall take the necessary
measures to ensure that the following targets are attained by economic operators:
a) no later than 1 January 2006, for all end-of-life vehicles, the reuse and recovery shall be
increased to 85% by an average weight per vehicle and year. Within the same time limit
the reuse and recycling shall be increased to minimum of 80% by an average weight per
vehicle and year.
b) no later than 1 January 2015, for all end-of-life vehicles, the reuse and recovery shall be
increased to a minimum of 95% by an average weight per vehicle and year. Within the
same time limit the reuse and recycling shall be increased to a minimum of 85% by an
average weight per vehicle and year.”
According to Annex I to the Directive removal of glass and catalysts is a mandatory
treatment operation to promote recycling. Removal of metal components containing
copper, aluminum and magnesium is mandatory if they are not segregated in the shredding
process. Removal of tyres and large plastic parts (bumpers, dashboard, fluid containers,
etc) is mandatory if these materials are not segregated in the shredding process in such a
way that they can be effectively recycled as materials
Detailed rules on the calculation and monitoring of the reuse/recovery and reuse/recovery
targets set by the ELV Directive are defined by Commission Decision 2005/293/EC
58
.
5.2. Results
5.2.1. Recycling and recovery rates achieved by the Member States
According to the ECs report on the Implementation of Directive 2000/293/EC for the period
2005-2008
59
most of the Member States transposed the targets set by the ELV-Directive
literally. The Netherlands adjusted their initially very ambitious date by which the 2015-
targets of 95% reuse/recovery and 85% reuse/recycling to be met from 2007 back to
2015. In Bulgaria, a reuse/recovery target of 87% and a reuse/recycling target of 81%
shall be attained by 31 December 2008; a gradual increase to 95% for recovery and 85%
for recycling is set for 2015.
58
COMMISSION DECISION 2005/293/EC laying down detailed rules on the monitoring of the reuse/recovery and
reuse/recycling targets set out in Directive 2000/53/EC of the European Parliament and of the Council on end-of-
life vehicles
59
EC (2009): Report on the Implementation of Directive 2000/53/EC on End-of-Life-Vehicles for the period 2005-
2008
56
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
The European Commission59 reports 19 Member States meeting the current
reuse/recycling target in 2006 and 13 Member States meeting the reuse/recovery target
(see Figure 7). According to data published by Eurostat
60
in 2007 23 Member States met
the reuse/recycling target; 15 Member States met the reuse/recovery target (see Figure
8). In 2008 20 Member States met the reuse/recycling target; 16 Me
mber States met the
reuse/recovery target,
respectively (see Figure 9).
For some
Member States (Malta, Ireland,
Bulgaria, Estonia) the recycling and recovery
rates achieved are not available for every year.
Figure 7 : Recycling and recovery rates reported by the Member States for the
reference year 2006
Source: Eurostat (available at:
http://epp.eurostat.ec.europa.eu/portal/page/portal/waste/data/wastestreams/elvs)
60
Eurostat (available at : http://epp.eurostat.ec.europa.eu/portal/page/portal/waste/data/wastestreams/elvs)
57
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
Figure 8 : Recycling and recovery rates reported by the Member States for the
reference year 2007
60
65
70
75
80
85
90
95
100
Belgium
Bulgaria
CzechRepublic
Denmark
Germany
Estonia
Ireland
Greece
Spain
France
Italy
Cyprus
Latvia
Lithuania
Luxembourg
Hungary
Malta
Netherlands
Austria
Poland
Portugal
Romania
Slovenia
Slovakia
Finland
Sweden
UnitedKingdom
Norway
rates%
Recyclingandrecoveryratesforend‐of‐lifevehicles,in2007
Reuseandrecyclingrate Reuseandrecoveryrate
Recoverytarget
Recyclingtarget
Source: Umweltbundesamt based on data provided by Eurostat, available at:
http://epp.eurostat.ec.europa.eu/portal/page/portal/waste/data/wastestreams/elvs)
Figure 9 : Recycling and recovery rates reported by the Member States for the
reference year 2008
60
65
70
75
80
85
90
95
100
Belgium
Bulgaria
CzechRepublic
Denmark
Germany
Estonia
Ireland
Greece
Spain
France
Italy
Cyprus
Latvia
Lithuania
Luxembourg
Hungar y
Malta
Netherlands
Austria
Poland
Portugal
Romania
Slove n ia
Slovakia
Finland
Sweden
UnitedKingdom
Norway
rate s%
Recyclingandrecoveryratesforend‐of‐lifevehicles,in2008
Reuseandrecyclingrate Reuseandrecoveryrate
Recoverytarget
Recyclingtarget
Source: Umweltbundesamt based on data provided by Eurostat, available at:
http://epp.eurostat.ec.europa.eu/portal/page/portal/waste/data/wastestreams/elvs)
58
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
According to Eurostat
61
initial analysis of the reported recycling/recovery rates revealed
that data quality and comparability of reported figures was insufficient. Furthermore,
considerable differences regarding the data collection and evaluation by the Member States
were observed.
Due to the following reasons the reported recycling and recovery rates are not always
comparable and might be overestimated in several cases:
The classification of technically identical treatment operations as “recycling”,
“recovery” or “disposal” differs between Member States due to different national
interpretations:
- Use of plastic streams obtained by post-shredder treatment in blast furnace
Some Member States account the total amount of the used quantities for
recycling (reducing agent), others account only a proportion of the amount
introduced into a blast furnace as recycling whereas the remaining
proportion is accounted as thermal recovery.
- Co-incineration of fibre-rich waste streams obtained by post-shredder
treatment with sewage sludge.
Member States either account it as thermal recovery or as recycling
(substitution of dewatering agents for the sewage sludge before
incineration).
- Use of tyres or shredder residues for landfill-construction, landfill cover or
terrain corrections
Is either classified as recovery or as disposal.
- Backfilling
Regarding backfilling there are discrepancies in the definitions of recycling
and recovery between the ELV-Directive and the new Waste Framework
Directive (2008/98/EC). The new Waste Framework Directive in addition to
recycling and thermal recovery also defines “recovery”, which is neither
“recycling” nor “thermal recovery” (e.g. backfilling). The targets of the ELV-
Directive and Commission Decision 2005/293/EC, however, refer to recycling
and thermal recovery only.
Taking into account the weight of shredder residues (~20% of ELV weight), tyres (~
3.5% of ELV weight) and glass (3% of ELV weight), it becomes obvious, that these
national differences in accounting are a crucial factor whether the recycling and
recovery targets are achieved or not.
Differences in data gathering
For the calculation of the recycling and recovery rates achieved by Member States
inter alia data on the performance of ELV shredders is necessary. According to the
survey conducted within this study the frequency and representativeness of such
campaigns vary between Member States.
61
Eurostat (2010): Draft guidance document ‘How to report on end-of-life vehicles according to Commission
Decision 2005/293/EC’ (Draft, 20th of April 2010)
59
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
In some Member States there is a legal obligation to carry out shredder campaigns
at fixed time intervals. In Germany
62
several shredder campaigns (and ELV
treatment trials) were run in 2006, organized by car producers and/or shredder-
plants (no legal obligation). In the UK
62
a shredder trial was carried out on a
representative sample of 400 ELVs. Sweden carried out a shredder trial a few years
ago. Belgium
62
investigated all Belgian shredder plants and facilities processing their
output streams in 2008. In Austria shredder and post-shredder facilities are obliged
to carry out such campaigns every 3 years. For the remaining countries no data was
available. In Estonia
62
from 2010 onwards it is legally obligatory to organise
shredder campaigns every 3 years and when dismantling technology changes
significantly. Several small tests were conducted during the past 5 years. In
Finland
62
up to now 2 shredder campaigns have been conducted (2007 and 2010)
Differences in the methodology of calculation of recycling and recovery rates
The extent to which the whole ELV treatment process is considered for the
calculation of recycling and recovery rates varies between Member States. According
to the Batteries Directive (2006/66/EC)
63
recycling processes for lead-acid batteries
and accumulators shall achieve a minimum recycling efficiency of 65%. Thus a
recycling efficiency of 100% as reported by some Member States is rather
implausible. Further ELV components where the complete recycling process is not
considered might be any material-compounds, such as printed circuit boards.
5.2.2. Recycling of materials crucial for achievement
of the targe
ts
The recycling of the (main) metals – with some losses – is mainly driven by their economic
value. However, to reach the current recycling (80%) and recovery (85%) targets as set by
the ELV-Directive and in particular those to be achieved by 2015 (85%/95%) recycling and
recovery of further materials is necessary even if economically less viable.
Materials/components most relevant in terms of their contribution to the recycling/recovery
rates are
64
:
Plastics (approx. 10 % of ELV weight)
64
Tyres (approx. 30 kg/ELV)
65
Glass (approx. 25 kg/ELV)
65
Furthermore: rubber (~2%), fluids (~1.7%) and textiles (~1%).
Plastics
According to Annex I to the ELV Directive removal of large plastic parts (bumpers,
dashboard, fluid containers, etc) is mandatory if these materials are not segregated in the
shredding process in such a way that they can be effectively recycled as materials.
Figure 10 illustrates the quantities of large plastic parts derived from di
smantli
ng (kg/ELV)
in 2008 according to figures reported by the Member States and published by Eurostat.
62
Information obtained in the course of the survey conducted
63
DIRECTIVE 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste
batteries and accumulators
64
GHK & BioIS (2006): A study to examine the benefits of the End of Life Vehicles Directive and the costs and
benefits of a revision of the 2015 targets for recycling, re-use and recovery under the ELV Directive.Final Report to
DG Environment.
65
ARN 2007: Monitoring and reporting on ELVs in the Netherlands. Available at: http://nfp-
bg.eionet.eu.int/bul/NSMOS/Wastes/ELV_Netherland_05_2007/ARN%20Monitoring%20of%20ELV.pdf
60
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
Considering an overall plastics content of ELV of approximately 10% (lower contents in
older ELVs as treated in higher proportions in new Member States) the diagram reveals that
- assuming that reported figures reflect the actual situation - dismantling of plastic parts
plays a minor role among the reporting Member States. Even where comparable higher
amounts are removed (LV, SI), this does not lead to material recycling. The remaining
plastics are found in the shredder residues. As plastics-recycling from shredder residues is
not the common practice up to now - there is a facility in France recovering plastics from
shredder residues for material recycling, further are planned e.g. in the UK or in Germany -
it can be concluded that overall ELV plastics recycling takes place to a rather low degree.
Figure 10 : Removal and Reuse & Recycling of large plastic parts in the course of
ELV treatment in 2008
0
10
20
30
40
50
60
70
80
90
100
kg/ELV
Removal Reuse&Recycling
averageweightofplasticscontainedinELV
Source: Umweltbundesamt based on data provided by Eurostat (available at:
http://epp.eurostat.ec.europa.eu/portal/page/portal/waste/data/wastestreams/elvs)
Tyres
According to Annex I to the ELV-Directive removal of tyres is mandatory if these materials
are not segregated in the shredding process in such a way that they can be effectively
recycled as materials.
Figure 11 illustrates the quantities of tyres removed during dismantling (kg/ELV
) in 2008
according to figures published by Eurostat. Considering an average of 30 kg tyres per ELV
the diagram reveals that removal of tyres is practised to a large degree in many of the
Member States in 2007. However, some countries (i.e. Greece, Ireland, Bulgaria and
Belgium) obviously - assuming that reported figures reflect the actual situation – did not
so.
Tyres derived from ELVs represent a minor proportion (approximately 6%) of the overall
tyre arising in Europe
66
.
66
EUWID Nr. 47 v. 17.11.2009, p 26
61
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
Figure 11 : Removal and Reuse & Recycling of tyres in the course of ELV
treatment in 2008
0
5
10
15
20
25
30
35
40
45
kg/ELV
Removal Reuse&Recycling
averageweightoftyreperELV
Source: Umweltbundesamt based on data provided by Eurostat (available at:
http://epp.eurostat.ec.europa.eu/portal/page/portal/waste/data/wastestreams/elvs)
Glass
According to Annex I to the ELV Directive removal of glass is mandatory. However, national
implementation is differing. Some Member States have a legal obligation to remove (at
least part of the) screens before shredding (e.g. AT, SE). Other Member States (DE, UK,
BE) also allow the separation of glass in the course of post-shredder treatment.
Removal of glass after shredding, however, implies that it will be down-cycled (e.g.
production of cement, use as aggregate) and is not available for glass recycling any more.
In Austria
67
glass is partly separated before shredding.
In Belgium
67
the national obligation to separate glass before shredding was cancelled 2
years ago. As far as shredder residues are sent to post-shredder facilities, glass is going
into fractions that are used as construction material or in the cement production.
According to information obtained from Estonia
67
quite a big amount of glass is removed
before shredding and is reused. Glass which cannot be reused (for example broken glass) is
mainly sent to landfills. It was furthermore stated that in 2008 and 2009 glass was not
handed over but stockpiled by a lot of dismantlers for future handing over to companies
being able to recycle or recover it.
67
Information obtained in the course of the survey conducted
62
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
In Finland
67
glass is not separated before shredding and it is thus included in the screening
residue from shredding. Screening residue is used in landfill constructions.
In Germany
67
only a part of glass is separated during dismantling. Regional authorities can
give exemptions regarding the obligation to remove it before shredding.
According to information gathered from Sweden
67
glass is partly separated before
shredding. Some of the glass is exported to Norway.
In the UK
67
no glass is separated before shredding. Separated glass is mainly used for
aggregate materials.
Figure 12 illustrates the quantities of glass derived fr
om dismantling (kg/ELV) in 2008
according to figures published by Eurostat. Considering an overall glass content of 25
kg/ELV the diagram shows - assuming that reported figures reflect the actual situation -
that only some Member States remove large proportions of glass from ELV.
Figure 12 : Removal and Reuse & Recycling of glass in the course of ELV
treatment in 2008
0
5
10
15
20
25
30
kg/ELV
Removal Reuse&Recycling
averageweightofgla ssper ELV
Source: Umweltbundesamt based on data provided by Eurostat (available at:
http://epp.eurostat.ec.europa.eu/portal/page/portal/waste/data/wastestreams/elvs)
Treatment of shredder residues
Treatment of shredder residues for recovery of metals and other materials takes place
either at integrated treatment plants (shredder and post-shredder technology) or at
centralised post-shredder plants.
Post-Shredder installations for treatment of shredder residues not restricted to the recovery
of metals are operated in only few Member States: e.g. AT, DE, BE, FR.
63
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
According to data published by Eurostat
68
in 2008, eight Member States (CZ, DK, ES, LV,
HU, NL, RO, FI) reported that shredder light fraction obtained from shredding of ELVs was
exclusively disposed of. These Member States together were responsible for 20 % of the
European ELV arising. For 6 further Member States (BG, CY, LU, MT, SI, SE) no data is
available.
In Austria
usually integrated post-shredder treatment is applied for recovery of non-ferrous
metals. Shredder light fraction is processed by a centralised post-shredder-plant. This
treatment leads to several low-size metal fractions, a plastic fraction used in blast furnace,
a fibrous fraction, which may be used for dewatering sewage sludge before incineration and
a residual fraction, which is landfilled. There is no backfilling.
Belgium
69
stated that shredder residues are treated in centralised post-shredder facilities
and integrated post-shredder-technology is also applied. Direct landfilling also takes place
to some degree, whereby a rather high fee has to be paid. There is no backfilling and no
direct incineration of shredder residues. Some fractions, however, as a result of post-
shredding-technology might be sent to incineration.
In Estonia
69
shredder-residues are predominantly landfilled, a small proportion is
incinerated in a cement kiln.
In Finland
69
fluff is used in incineration (classified as energy recovery) and construction
material at landfills. Screening residue from shredding is also used in landfill construction.
In Germany
69
in 2008 shredder-residues were either landfilled (46%), subjected to
predominantly backfilling and landfill construction (40%) or subjected to energy recovery
(waste incineration / used as refuse derived fuel) (14%)
70
.
According to information published by Eurostat
71
most of the output from Irish shredders
were exported in 2008. However, shredder residue from one of the Irish shredders was
accepted as landfill cover at two Irish landfill sites.
In Sweden
69
shredder residues are either incinerated (classified as energy recovery) or
landfilled for which a specific permission is needed.
According to information obtained by the UK
69
in the course of this study for the treatment
of shredder residues post-shredder technologies in use. The residues are then landfilled. No
incineration and backfilling takes place.
Finland and Estonia reported that operators are investigating options for improvement of
treatment of shredder-residues and fluff, respectively (for example, to process it more
suitable for energy recovery by incineration).
68
Eurostat (available at: http://epp.eurostat.ec.europa.eu/portal/page/portal/waste/data/wastestreams/elvs)
69
Information obtained in the course of the survey conducted
70
http://www.umweltbundesamt-daten-zur-
umwelt.de/umweltdaten/public/theme.do;jsessionid=0816630066776854A54A5A1A02385285?nodeIdent=2304
71
Eurostat (available at: http://epp.eurostat.ec.europa.eu/portal/page/portal/waste/data/wastestreams/elvs)
64
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
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5.3. Steps taken by Commission Services to overcome problems
According to the EC´s report on the Implementation of Directive 2000/293/EC for
the period 2005-2008
72
the Commission addressed a letter to Member States failing
to meet their reuse/recycling/recovery targets seeking explanation for the reasons
of failure.
Establishment of an expert working group regarding the monitoring of
recycling/recovery targets.
Lack of data quality regarding recycling and recovery of ELVs was the reason for the
establishment of an expert working group co-chaired by the European Commission
(Directorate E : Sectoral and regional statistics, Unit E-3 : Environmental statistics
and accounts) and Eurostat. Further participants are national experts producing the
national statistics and representatives of the related industry. The process (four
meetings were conducted up to now) aimed at the establishment of a guidance
document assisting the Member States to produce high-quality and harmonised data
on ELV. The finalization of the document « How to report on end-of-life vehicles » is
planned for spring 2011. A draft version is available dating at April 2010. Key issues
of the guidance document are:
- Guidance on how to draft the quality report according to Articles 1(1) and 1(2)
of Decision 2005/293/EC
- Guidance for completion of the tables 1-4 of the Annex to Decision 2005/293/EC
- Explanations to the notes of Commission Decision 2005/293/EC
- Guidance for the conduction of “Shredding Campaigns”
- Guidance for the application of the “metal content assumption method”.
5.4. Conclusions & Recommendations
According to data published by Eurostat in 2008, 20 Member States met the
reuse/recycling target of 80% of the average ELV weight. Sixteen Member States met the
reuse/recovery target of 85%
73
.
However, the reported recycling and recovery rates are not always comparable and might
be overestimated. This is due to the following reasons:
The classification of technically identical treatment operations as recycling, recovery
or disposal differs between Member States due to different national interpretations.
Backfilling, landfill construction and landfill cover, use in blast furnace are examples
for different classifications by Member States
Member States gather data in different ways and time intervals (e.g. quality &
frequency of ELV-treatment trials) and different methodologies are applied for the
calculation of recycling and recovery rates (e.g. to which extent the whole ELV
treatment chain is considered).
72
EC (2009): Report on the Implementation of Directive 2000/53/EC on End-of-Life-Vehicles for the period 2005-
2008
73
EC (2009): Report on the implementation of Directive 2000/53/EC on ELV for the period 2005-2008
65
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
This can significantly influence the achievement of recycling and recovery targets.
Evidence suggests that there is still room for improvement regarding the recycling and
recovery of ELV materials. Dismantling and subsequent material recycling of glass and
plastics for instance takes place in minor quantities in several Member States. Recovery of
glass after shredding, however, prevents glass recycling because of the bad quality of the
glass. Recovery of plastics from shredder residues is still limited to only a few Member
States. Whereas in some Member States post-shredder technology has been installed and
landfilling of shredder residues prohibited or made very expensive, several Member States
still deposit shredder residues on landfills.
To improve the comparability of recycling and recovery rates and to avoid market
distortions within the waste treatment industry, there is a need for binding rules for the
classification of particular treatment operations as “recycling”, “recovery” or “disposal”
across the EU. Furthermore, the harmonisation of data collections and the methodologies
applied for the calculation of recycling and recovery rates - as already mentioned by an
expert working group set up by the European Commission and Eurostat - is recommended.
(addressed to the European Commission)
In order to achieve an environmentally sound treatment of end-of-life vehicles it would
be useful, in addition to the overall recycling and recovery targets, to establish specific
treatment obligations for particular material streams, taking into account their overall
environmental impact. (addressed to the European Commission)
66
End of life vehicles: Legal aspects, national practices and recommendations for future successful approach
____________________________________________________________________________________________
6. PRODUCER RESPONSIBILITY
Question
Are the vehicle manufacturers meeting their obligations under the producer-
responsibility requirements?
6.1. Legal background
Manufacturers (‘producers’ or ‘economic operators’ as laid down in the ELV Directive) have
to meet specific requirements under the ELV Directive:
According to Article 4 to limit the use of hazardous substances (Cd, Hg, CrVI, Pb) in
vehicles and to integrate an increasing quantity of recycled material in vehicles and
other products. Exemptions regarding the ban of heavy metals are listed in Annex II
to the Directive.
According to Article 5 to set up systems for the collection of all end-of-life vehicles
According to Article 8 to use component and material coding standards, to provide
dismantling information for each type of new vehicle put on the market and to make
available appropriate information concerning dismantling, storage and testing of
components which can be reused;
According to Article 9 to make information accessible to the prospective buyers of
vehicles, including information on the design of the vehicles/components,
environmentally sound treatment of vehicles or the progress achieved with regard to
recovery and recycling.
Relevant definitions:
3. ‘producer’ means the vehicle manufacturer or the professional importer of a
vehicle into a Member State;
10. ‘economic operators’ means producers, distributors, collectors, motor vehicle
insurance companies, dismantlers, shredders, recoverers, recyclers and other
treatment operators of end-of life vehicles, including their components and
materials;
13. ‘dismantling information’ means all information required for the correct and
environmentally sound treatment of end-of life vehicles. It shall be made available
to authorised treatment facilities by vehicle manufacturers and component
producers in the form of manuals or by means of electronic media (e.g. CD-ROM,
on-line services).
67
Policy Department A: Economic and Scientific Policy
____________________________________________________________________________________________
6.2. Results
According to the Implementation Report on the ELV Directive
74
only two Member States
(Lithuania and the United Kingdom) exempted vehicles produced in small series and their
producers from the requirements concerning reusability, recyclability and recoverability,
coding standards and dismantling information as well as reporting obligations.
6.2.1. Limitation of the use of h
a
zardous substances
According to the Commission´s report on the implementation of the ELV Directive
74
all
respondents (22 Member States) reported to have adopted measures encouraging vehicle
manufacturers, in liaison with material and equipment manufacturers, to limit the use of
hazardous substances in vehicles. Member States indicated that their national legislation
restricts the use of lead, mercury, cadmium or hexavalent chromium for materials and
components of vehicles put on the market after 1 July 2003
The limitation of the use of substances (referring to Annex II to the ELV Directive) is
reflected in the quality assurance schemes of the automotive manufacturers. Exemptions
listed in Annex II to the ELV Directive are evaluated in an ongoing technical and scientific
progress. Specific systems (e.g. IMDS
75
) are established to collect, maintain, analyze and
archive data on used materials in the automotive sector. These systems are also used to
guarantee data exchange between producers, suppliers and other actors.
The IMDS (International Material Data System) is the automobile industry's material
data system. Initially, it was a joint development of Audi, BMW, Daimler, EDS (after
acquisition in 2008 now part of HP), Ford, Opel, Porsche, VW and Volvo. Further
manufacturers have meanwhile joined the community and IMDS has become a
global standard used by almost all of the global OEMs. Talks are being held with
further manufacturers regarding their participation in IMDS.
In the IMDS, all materials used for automobile manufacturing are collected,
maintained, analyzed and archived. Using the IMDS, is it possible to meet the
obligations placed on automobile manufacturers, and thus on their suppliers, by
national and international standards, laws and regulations.
According to contacted Member States representatives no inspections on new vehicles
regarding the limitation of heavy metals have been carried out by national authorities yet.
One Member State stated that some vehicle producers are announcing infringements if a
supplier does not fulfill the related obligations.
6.2.2.
Systems for the collection of ELVs
According to the Implementation Report on the ELV Directive
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all respondents (22 MS)
took the necessary measures to ensure that economic operators – in most cases the
producers and/or importers of vehicles – set up systems for the collection of end-of-life
vehicles and (as far as technically feasible) of used parts removed when passenger cars are
repaired, and to ensure the adequate availability of collection facilities within their territory.
All respondents indicated having adopted measures to ensure that end-of-life vehicles can
be delivered to authorised treatment facilities without any cost for the last holder or owner.
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EC (2009): Report on the implementation of Directive 2000/53/EC on ELV for the period 2005-2008
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https://www.mdsystem.com
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In most Member States the delivery of an end-of-life vehicle is not free of charge if it does
not contain the essential components or if it contains waste that had been added to it – an
option in line with the Directive.
6.2.3. Coding standards and informat
ion
on dismantling
According to the Implementation Report on the ELV Directive
74
all respondents (22 Member
States) reported to have taken measures to ensure that producers, in concert with material
and equipment manufacturers, use component and material coding standards and oblige
manufacturers of components to make information on dismantling, storage and testing of
components available to authorised treatment facilities. Most Member States indicated the
use of the IDIS system (International Dismantling Information System)
76
which is regularly
updated:
The system was developed by the automotive industry to meet the legal obligations
of the EU End of Life Vehicle (ELV) Directive. The system development and
improvement is supervised and controlled by the IDIS2 Consortium formed by
automotive manufacturers from Europe, Japan, Malaysia, Korea and the USA. The
access to and the use of the system is free of charge for any commercial enterprise
that handles end of life vehicles.
The IDIS information office contacted within the project states that there is no public
information available about the usage and the frequency of application. According to our
survey, however, utilising the information is not the common practice among ELV
treatment plants.
6.2.4. Vehicle design and the environmental
sound
management
According to the Implementation Report on the ELV Directive
74
nineteen Member States
reported having obliged the economic operators – mostly producers – to publish
information concerning vehicle design, environmentally sound treatment, waste prevention
and the progress achieved with regard to recovery and recycling. In three member States
this obligation is directed to vehicle producers as the relevant economic operators, not
manufacturers of vehicle components. Sweden and Estonia are working on the modification
of their respective legislation.
6.3. Steps taken by Commission Services to overcome problems
Sustainable Electrical & Electronic System for the Automotive Sector (Project SEES)
The main objective of this project is to develop sustainable, clean, cost- and eco-
effective Electrical & Electronic System (EES) prototypes and dismantling/recycling
processes to increase the vehicle recovery/reuse rate. The scientific breakthrough of
the project consists of improving the actual end-of-life vehicle recycling scenario to
support the achievement of the targets fixed by the End-of-Life Vehicles Directive.
The project will support the objectives of the Sustainable Surface Transport Priority
providing strategies and processes to clean dismantling and recycling of vehicles.
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http://www.idis2.com
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Policy Department A: Economic and Scientific Policy
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As a result of the project it has been shown that design changes can contribute to
improving the production and use phase, but have no significant influence on
improving disassembly. It also has been shown that disassembly of the studied parts
prior to shredding is not reasonable for material recycling. However, innovative end-
of-life processes are capable of recovering additional materials from EES where
markets are available. Furthermore, concepts for an optimised EES which consider
the whole EES life cycle are currently developed for which also technical and
economical feasibility is analysed.
In particular improved EES designs and concepts and – to a significant lesser extent
– the optimised end-of-life processes help to realise a more sustainable automotive
EES scenario for the future.
Technical and scientific progress of Annex II to the ELV Directive
Up to now the Commission Services have run the fourth adaptation to technical and
scientific progress of Annex II to Directive 2000/53/EC. In this context an evaluation
concerning the impact of the exemptions listed in Annex II was carried.
6.4. Conclusions & Recommendations
There is no evidence suggesting that requirements of Article 4 of the ELV Directive (ban of
certain hazardous substances (Cd, Hg, Pb, and CrVI) in new cars) are not fulfilled. The
internal quality assurance systems of the manufacturers allow compliance monitoring of
these provisions. However, no external monitoring of the provisions is conducted.
The overall effect of the ban in practice should be assessed at European level (addressed
to the European Commission).
The survey conducted during this project revealed, the use of this information is not
common practice in ELV treatment plants.
The transfer of information about the dismantling of vehicles should be encouraged in
order to promote the correct and environmentally sound treatment of end-of-life vehicles.
(addressed to the European Commission).
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REFERENCES
European Legislation:
COMMISSION DECISION concerning a questionnaire for Member States reports on the
implementation of Directive 2000/53/EC of the European Parliament and of the Council
on end-of-life vehicles (2001/753/EC)
COMMISSION DECISION laying down detailed rules on the monitoring of the
reuse/recovery and reuse/recycling targets set out in Directive 2000/53/EC of the
European Parliament and of the Council on end-of-life vehicles (2005/293/EC)
COMMISSION INTERPRETATIVE COMMUNICATION on procedures for the registration of
motor vehicles originating in another Member State (2007/C68/04)
Commission Regulation (EC) No 308/2009 of 15 April 2009 amending, for the purposes
of adaptation to scientific and technical pro
gress, Anne
xes IIIA and VI to Regulation
(EC) No 1013/2006 of the European Parliament and of the Council on shipments of
waste.
COUNCIL DIRECTIVE 1970/186/EEC on the approximation of the laws of the Member
States relating to the type-approval of motor vehicles and their trailers
COUNCIL DIRECTIVE 1992/61/EEC relating to the type-approval of two or three-wheel
motor vehicles
DIRECTIVE 2000/53/EC of the European Parliament and the Council on end-of life
vehicles
REGULATION 2006/1013/EC on shipments of waste
DIRECTIVE 2006/66/EC of the European Parliament and of the Council on batteries and
accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC
DIRECTIVE 2008/98/EC of the European Parliament and the Council on waste and
repealing certain Directives
Web:
http://www.acea.be
European Automobile Manufacturers Association (ACEA)
http://www.fiw.ac.at
European Foreign Trade Statistics (COMEXT)
http://epp.eurostat.ec.europa.eu
Eurostat
http://www.vda.de
German Association of the Automotive Industry (VDA)
Selected websites of the National Environmental Ministries and Agencies of the MS
Selected websites of the National Statistical Agencies of the MS
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Policy Department A: Economic and Scientific Policy
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Studies & Reports:
ACEA 2008: European Motor Vehicle Parc.
ARN (2007): Monitoring and reporting on ELVs in the Netherlands. Available at:
http://nfp-
bg.eionet.eu.int/bul/NSMOS/Wastes/ELV_Netherland_05_2007/ARN%20Monitoring%20
of%20ELV.pdf
ARN (2009): ARN Sustainability report 2009. Available
at:http://www.arn.nl/noezp/sustainabilityreport/e02.htm
European Commission (2007): Commission Staff Working Document accompanying the
report from the report on the targets contained in Article 7(2)(b) of Directive
2000/53/EC on End-of-life vehicles.
European Commission (2009): Report from the Commission to the Council and the
European Parliament on the implementation of Directive 2000/53/EC on End-of-Life
Vehicles for the period 2005-2008.
ESWI (2009) Enforcement Action II – Interim Report (IMPEL-TFS 2009)
ETC/RWM (2008): Projection of end-of-life vehicles.
EUORPEAN COMMISSION (2009): Report on the Implementation of Directive
2000/53/EC on End-of-Life-Vehicles for the period 2005-2008
EUWID Nr. 47 v. 17.11.2009, p 26
FEBELAUTO (2009): Rapport national 2009. Available at:
http://www.febelauto.be/files/rapportannuel2009.pdf
GHK & BioIS 2006: A study to examine the benefits of the End of Life Vehicles Directive
and the costs and benefits of a revision of the 2015 targets for recycling, re-use and
recovery under the ELV Directive; Final Report to DG Environment.
IMPEL-TFS (2008): End of Life Vehicles/Vehicles for export Project ; Final report
September 2008
LANUV (2004): Landesamt für Natur-, Umwelt und Verbraucherschutz, Nordrhein-
Westfahlen: Shredderabfälle, Abfalldatenblätter energetisch verwertbare Stoffgruppen.
ÖKOPOL (2002): Rules on compliance with Article 7.2 of Directive 2000/53/EC; Report
compiled for the Directorate General Environment; Nuclear Safety and Civil Protection
of the Commission of the European Communities; Contract No B4-
3040/2002/335823/MAR/A2.
SPUZIAK-SALZENBERG (2009): Stoffstromspezifische Behandlung von SLF-Fraktionen.
Presentation at VDI-Forum: „Stoffliche und energetische Verwertung von
Shredderrückständen“
Completed Member States questionnaires pursuant to Commission Decision 2005/293/EC
for the period 2005-2008:
AT, CY, EE, DE, GR, IR, NL, PL, PT, SE, UK
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From the following Member States information was obtained in the course of the
questionnaire survey
AT: Christian Keri, Georg Fürnsinn
BE: Marc Leeman, Helen Versluys
EE: Malle Piirsoo
DE: Regina Kohlmeyer
FI: Riitta Levinen, Susanna Ollila, Jarmo Muurman
SE: Helen Lindqvist
UK: Steve Norgrove
Further experts and institutions consulted:
Beate Kummer, Kummer Umweltkommunikation GmbH, DE
David Wilson, ILA International Lead Association, UK
Gregor Hattinger, FHA - Gesellschaft für chemisch-technische Analytik GmbH, AT
Hannes Rabitsch, Magna Steyr Fahrzeugtechnik, AT
IDIS information desk, DE
Markus Spitzbart, KERP Center of Excellence Electronics and Environment, AT
Roger Morton, Axion Polymers, UK
Walter Kletzmayr, ARGE Schredder, AT
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Policy Department A: Economic and Scientific Policy
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ANNEX
Questionnaire addressed to Member States:
1) Deregistration of ELV
1a How is the concept/process (responsibilities, information needed) of ELV
deregistration implemented? What issues/problems, if any, have arisen?
1b Does the car holder who deregisters the car need to provide information on the
further use of the vehicle?
1c Is a contract of sale obligatory for the de-registration of used cars?
1d Is a Certificate of Destruction obligatory for the de-registration of ELVs?
1e Are there any problems concerning the deregistration system?
2) Is there a national definition of ELVs? Are there national guidelines for the differentiation
between ELVs and second-hand cars?
3) Arisings of ELV and numbers of deregistered cars in 2007, 2008 and 2009?
4) Is there a deposit-refund system for ELVs in your country?
5) Shipment of ELV / second-hand cars
5a Are there any significant numbers of exported second-hand cars (if so, please give
the numbers for 2008)?
5b Are there any checks on illegal waste shipments at the national border? If so, how
many checks per year and how many illegal shipments of ELVs are registered?
6) Number of treatment facilities / shredders authorised/registered in accordance with
Article 6 of the ELV Directive? (ELV-treatment facilities)
7) Number of take back points?
8) Inspections/Checks of ELV-treatment facilities? (responsibilities, number of inspections).
Are there any comprehensive analyses on the actual level of de-pollution
9) Who has been given the responsibility for the calculation of reuse/recycling/recovery
targets? Are there any systems in place to check data quality?
10) Do you use the “metal content assumption” for reporting of recycling/recovery quotas?
11) How many shredder campaigns have been carried out in your country to obtain data
for calculation of the recycling/recovery quotas?
12) Treatment of materials other than metals
12a What are the predominant treatment routes for shredder residue in your country
(post-shredder-installations/flotation units, incineration, backfilling, landfilling, etc.)?
12b What are the predominant treatment routes for tyres in your country (cement kilns,
power plants, rubber recycling installations, etc.)
12c What happens to glass from ELVs (separation before or after shredding, glass
recycling)
