EUROPEAN COMMISSION

Brussels, 13.7.2023

COM(2023) 451 final

2023/0284(COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on circularity requirements for vehicle design and on management of end-of-life vehicles, amending Regulations (EU) 2018/858 and 2019/1020 and repealing Directives 2000/53/EC and 2005/64/EC

(Text with EEA relevance)

{SEC(2023) 292 final} - {SWD(2023) 255 final} - {SWD(2023) 256 final} - {SWD(2023) 257 final}

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The European Green Deal is Europe’s growth strategy, which aims to ensure by 2050 a climate neutral, clean and circular economy, where the management of resources is optimised and pollution minimised. The circular economy action plan 1 and the new industrial strategy for Europe 2 lay out the roadmap for the European industry to meet the objectives of the Green Deal. The action plan contains a commitment to review the legislation on end-of-life vehicles (ELVs) with the aim to 'promote more circular business models by linking design issues to end-of-life treatment, consider rules on mandatory recycled content for certain materials, and improve recycling efficiency'. The EU action plan 'Towards Zero Pollution for Air, Water and Soil' 3 also stressed the need for the Commission to propose new measures to address the EU’s external environmental footprint linked to the export of ELVs and used vehicles.

The European Council 4 and Parliament 5 have both recognised the importance of this initiative. The communication accompanying the proposal on the European Critical Raw Materials Act 6 also stressed the importance of the automotive sector in ensuring a sustainable supply of critical raw materials and increasing the EU's strategic autonomy.

The production of vehicles is one of the most resource-intensive industries. Europe’s automotive sector is responsible for 19% of demand for the EU’s steel industry (over 7 million tonnes/year), 10% of overall consumption of plastics (6 million tonnes/year), a significant share of the demand for aluminium (42% for all transport equipment, around 2 million tonnes/year), copper (6% for automotive parts), rubber (65% of the production of general rubber goods) and glass (1.5 million tonnes of flat glass produced in the EU).

As the automotive sector shifts to zero-emission mobility, and vehicles increasingly integrate electronics, there will be an increase in demand for copper and critical raw materials. They include the rare earth used in permanent magnets of e-drive motors, of which the automotive sector is one the biggest users. The automotive sector is also using more advanced and lightweight materials such as composite plastics, high-grade steel and aluminium alloys.

The result is that vehicle production can have a high environmental footprint. This is primarily due to the greenhouse gas emissions of the energy required to extract and process primary materials such as coal and iron ore (for steel), bauxite (for aluminium), copper and oil (for plastics). In addition, the increasing use of sophisticated and composite materials poses particular challenges for dismantling, reusing and recycling end-of-life vehicles.

In this light, the aim of this proposal is to facilitate the transition of the automotive sector to the circular economy, at all stages of the vehicle - from design to final treatment at end-of-life. The proposal is based on an evaluation of current legislation, which consists of two directives (Directive 2000/53/EC on end-of-life vehicles ('ELV Directive')) 7 and Directive 2005/64/EC on the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability ('3R type-approval Directive') 8 ).

The ELV Directive was adopted in 2000 and it was the first harmonised EU framework designed to ensure that vehicles reaching the end of their life and considered as waste are treated in an environmentally sound manner. The Directive sets out provisions on the collection and depollution of ELVs, it restricts hazardous substances in new vehicles and sets targets on reuse and recycling (85%) and on reuse and recovery (95%), based on the average weight of ELVs per vehicle and year. Since its adoption, the legislation has not been substantially amended.

During the revision of the Waste Framework Directive in 2018, the co-legislators agreed 9 that the Commission “shall review [the ELV] Directive, by 31 December 2020, and to this end, shall submit a report to the European Parliament and the Council, accompanied, if appropriate, by a legislative proposal”. It indicated that the process to revise the ELV Directive should focus on the feasibility of setting recycling targets for specific materials and the problem of ‘unknown whereabouts’ of end-of-life vehicles. 

The 3R type-approval Directive, adopted in 2005, establishes a very close link between the provisions of the ELV Directive and the design provisions on reusability, recyclability and recoverability of the type-approval process for vehicle types. In particular, the 3R type-approval Directive states that vehicles should be constructed so as to be 85% recyclable/reusable and 95% reusable/recoverable and the ELV Directive contains the same targets for Member States when it comes to the reusability, recoverability and recyclability of vehicles. The 3R type-approval Directive is part of the type-approval framework 10 , under which new vehicle types are tested and granted type-approval before being placed on the EU market, provided they meet a set of technical requirements.

The proposed regulation repeals both the 3R type-approval and ELV Directives and replaces them with a single legal instrument. Its overall objective is to modernise the EU existing legislation and to improve the functioning of the EU single market while reducing the negative environmental impacts linked to the design, production, service life and end-of-life treatment of vehicles and contributing to the sustainability of the automotive and recycling sectors.

This is an initiative within the Regulatory Fitness Programme (REFIT).  

•Consistency with existing policy provisions in the policy area

•Consistency with other Union policies

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

The legislative proposal is based on Article 114 of the Treaty on the Functioning of the European Union (TFEU), which aims to ensure the functioning of the single market 24 . This is essential as the proposal lays down clear and uniform requirements governing both the placing on the EU market of vehicles and their collection and treatment at end-of-life, which are required to facilitate the transition of the sector to a circular economy. Article 114 TFEU is the legal basis of the overall regulatory framework on type-approval of motor vehicles, including the 3R type-approval Directive, whereas the ELV Directive has an environmental legal basis (Article 192 TFEU).

The proposal tackles a number of key problems related to the single market. These include: i) an uneven implementation of the 3RTA and ELV Directives, since their provisions are subject to interpretation, leading to different situations for operators depending on where they place vehicles on the market and treating ELVs, ii) underdeveloped EU market for secondary materials destined to the automotive sector, iii) barriers to the functioning of recycling markets and to the improvement in economies of scale, iv) the persistent problem of ‘missing vehicles’ and lack of clarity to distinguish ELVs from used vehicles in the case of export and v) the need for a stable and fully harmonised regulatory framework to enable improving the performance, including the necessary investments, of all economic operators involved in the production and end-of-life treatment of vehicles.

At the same time, the main objective of the proposal is to establish a closer link between the design requirements for vehicles and the provisions concerning ELV management, thus enabling the smooth functioning of the single market. Therefore, the vehicle design requirements are formulated so that they are effectively prerequisites for proper execution of the provisions on ELV management. Examples of such twinning of requirements include the rates of reusability, recyclability and recoverability rates vs. targets for reuse, recovery and recycling, the requirements regarding substances present in vehicles vs. the obligation to remove parts and components containing such substances before shredding of ELVs, the recycled content requirements vs. plastic recycling target and the design for removal of parts vs. the obligation to remove parts prior to shredding of ELVs.

Article 114 of the TFEU is thus the appropriate legal basis for this proposal as it enable environmental-related requirements to form the core elements of conditions governing type-approval and thereby the placing on the EU market of vehicles, as well as to harmonise requirements on end-of-life treatment of vehicles. The rationale or centre of gravity of the proposal is to uniform the requirements for placing on the market (to be more precise – requirements for the type-approval of vehicles) and, consequently to ensure that when vehicles reach the end-of-life stage, they are treated in an environmentally sound manner, and quality secondary raw materials can effectively be retrieved from them. Therefore, in the case of this proposal, the environmental objective is not independent, but rather the driver for harmonisation of the design requirements concerning reusability, recyclability and recoverability or vehicles.

•Subsidiarity (for non-exclusive competence)

To achieve a harmonised and well-functioning EU single market and enable a smooth transition of the automotive sector to the circular economy, in line with the goal set out in the European Green Deal, it is essential to put in place a common set of rules at EU level with clear requirements and obligations for Member States and businesses. The objectives of the work to revise the EU rules on end-of-life vehicles cannot be sufficiently achieved by individual action by the Member States; given the scale and effects of the measures, they are best achieved by action taken at EU level.

Harmonising the requirements would tackle the implementation problems caused by different interpretations of existing legislation. Without EU-wide action, there is a risk of fragmenting the EU market and the risk that progress on circular economy depend on voluntary action by businesses or individual Member States.

•Proportionality

The principle of proportionality is reflected in the design of all measures contained in the proposed regulation. For example, it extends the scope of the existing legislation to new vehicles progressively, with transition periods for all new requirements to give economic operators time to adapt to the new rules.

A more detailed description of assessment of proportionality against each of the policy option is provided in Annex 8 to the impact assessment report.

•Choice of the instrument

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Ex-post evaluations/fitness checks of existing legislation

The evaluations of the ELV Directive 25 and of the 3R type-approval Directive 26 identified the generic nature of their provisions as one of their main shortcomings preventing the transition of the overall automotive supply chain to a circular economy. These shortcomings were discussed in the Fit for Future Platform (F4F) opinion 27 . As a result, the following problems were identified as hampering the functioning of the EU single market and falling short of the level of protection of the environment the EU aims to achieve:

–The design and production of new vehicles do not sufficiently contribute to the ambitions of the European Green Deal for a climate-neutral, clean and circular economy;

–The treatment of vehicles at the end of their life is suboptimal compared to its potential to contribute to a climate-neutral, clean and circular economy;

–An important share of vehicles subject to the ELV Directive are not collected to be treated under sound environmental conditions in the EU, potentially contributing to pollution in third countries;

–There is no EU level harmonised approach for the design, production and end-of-life treatment of vehicles currently outside the scope of the ELV Directive, resulting in unexploited potential to the circular economy objectives of the European Green Deal.

To address these problems, the proposed regulation focuses on three main aspects: circularity requirements for the type-approval of vehicles, management of end-of-life vehicles and the export of used vehicles.

•Stakeholder consultations

•Collection and use of expertise

To underpin the analysis of different regulatory options, the Commission engaged external consultants under a support contract 29 .

Evidence was compiled from the evaluation reports of the ELV Directive 30 and the targeted evaluation of the 3R type-approval Directive, which was carried out in parallel to the impact assessment and presented in Annex 11 to the impact assessment report.

The Joint Research Centre (JRC), the European Commission’s science and knowledge service, produced a technical report on targets for recycled plastic content in new passenger cars 31 and a report on critical raw materials in the automotive sector 32 . The results of these reports fed into the impact assessment underpinning the proposal for a regulation.

The proposal also takes account of the suggestions provided in the Fit for Future Platform (F4F) opinion 33 .

Additional supporting evidence fed into the process via specific desk studies and data collection, also integrated in the overall impact assessment work.

•Impact assessment

The impact assessment identified four problem areas to tackle at EU level:

1.There is a lack of integration of circularity in vehicle design and production leading to high dependencies for primary raw materials;

2.The quality of treatment of vehicles at the end of their life is suboptimal compared to the potential to retain more environmental and economic value;

3.An important share of ‘missing vehicles’ subject to the ELV Directive are not collected to be treated under proper environmental conditions and a large volume of non-roadworthy and polluting used vehicles are exported from the EU every year;

4.There is unexploited circularity potential of vehicles currently outside the scope of the ELV Directive to contribute to the objectives of the European Green Deal.

To address each of these problems, specific policy options have been designed and analysed for the each of the following areas:

1.‘Design circular’: make design and production circular;

2.‘Use recycled content’: increase the recycled content in new vehicles;

3.‘Treat better’: improve the treatment of ELVs;

4.‘Collect more’: collect more ELVs in the EU and improve quality of exported used vehicles;

5.‘EPR: provide the right incentives to increase the collection of ELVs and improve waste treatment through extended producer responsibility schemes;

6.‘Cover more vehicles’: extend the scope of the legislation to additional vehicle categories.

The preferred policy package contains a combination of the following options.

Design circular. The preferred option contains short-term obligations for vehicle manufacturers to make available detailed and user-friendly dismantling and recycling information, including the use and location of CRMs in vehicles and information on the share of recycled content in new vehicles. Actions for the medium term include revising the methodology to calculate recyclability and reusability of new vehicles at type-approval stage and developing a circularity vehicle passport. Overall, this anchors circularity requirements into the type-approval of new vehicle types.

Recycled content. The preferred option is to set a medium level of ambition with target for recycled plastics content of 25% by 2030, of which 25% from closed loop ELV treatment. For steel, this option empowers the Commission to set a target for recycled steel content in newly approved vehicles within three years after the regulation enters into force, based on a feasibility study. The option to set recycled content targets for other materials such as aluminium and CRMs will be assessed in the future, based on changes to automotive designs and the availability of recycling capacity.

Treat better. The preferred option includes a stricter definition of recycling, a ban on landfill for automotive shredder residue fractions and a medium level of ambition on removal obligations to improve the recovery of key components from ELVs without disproportionate costs on treatment operators. It will increase the recovery of (critical) raw materials and improve the quality of plastics, steel and aluminium fractions.

Collect more. The preferred option is the most ambitious policy option. Measures such as clearer responsibility allocation for certificates of destruction, binding criteria for distinguishing used vehicles and ELVs, and new enforcement provisions will significantly increase the number of ELVs treated legally in the EU. It will also ban the export of vehicles that are no longer roadworthy, in accordance with the ’do no significant harm’ principle.

Provide incentives to increase the collection of ELVs and improve waste treatment. The preferred option includes financial and organisation incentives by setting EPR requirements to increase the collection of ELVs and to offset the costs of improved treatment quality that cannot be offset by the value of materials and components recovered.

Cover more vehicles. The preferred option is a phased-in approach to gradually cover more vehicles under the new EU rules by requiring manufacturers to provide information on the composition of their vehicles. It also brings in a set of minimum treatment requirements for end-of-life L3e-L7e category vehicles, lorries, buses and trailers. The preferred option is expected to have a positive impact on the environment by reducing the environmental footprint linked to the production and end-of-life requirements of vehicles.

The overall environmental benefits are assessed as an annual reduction of 12.3 million tons of CO2-eq in 2035 (10.8 million tons in 2030 to 14.0 million tonnes in 2040), key to decarbonising the automotive industry. These CO2 savings represent EUR 2.8 billion when monetised. This is linked to a better valorisation of 5.4 million tons of materials (plastics, steel, aluminium, copper, CRMs) which would be either recycled at higher quality or reused, and to the fact that up to 3.8 million additional ELVs would be collected and treated in the EU. 350 tonnes of rare earths in permanent magnet materials would be separately collected for reuse and recycling in 2035 (and 1 500 tonnes in 2040), which would contribute greatly to the EU's goal to achieve strategic autonomy for critical raw materials. The preferred option contributes mostly to the sustainable development goals of sustainable innovations (SDG9), responsible consumption and production (SDG12) and climate action (SDG13).

The total annual revenue for the preferred option is EUR 5.2 billion in 2035, including EUR 2.8 billion of CO2 savings when monetised, against a cost of EUR 3.3 billion yielding to a EUR 1.8 billion in net revenue.

The cost of the preferred option is estimated to reach EUR 66 per vehicle put on the market in 2035. It is estimated to create 22 100 additional jobs, of which 14 200 in SMEs, mostly dismantlers and recyclers.

While there will be some short-term costs for the EU automotive industry, the preferred option will also generate energy savings, reduce the EU's dependency on materials sourced from third countries and ensure that the transition to vehicle electrification is made based on sustainable and circular business models, all contributing to the long-term competitiveness of the sector.

The preferred option will generate both costs (linked to investment in new technologies) and revenue (linked to higher values of spare parts and recycled materials) for the waste management sector. While the situation will vary between different Member States and operators due to differences in technologies used and labour costs, the planned changes will significantly strengthen and modernise the EU dismantling, shredding and recycling industry.

Member State authorities are expected to face limited costs associated with monitoring and enforcing compliance with the new legislation. The costs will primarily be due to inspections, checks on the export of ELVs and used vehicles and the need to adapt registration systems. In return, increased digitalisation (for reporting on the certificate of destruction, for exchange of information from national vehicle registration registries on export of ELVs and used vehicles and with interoperability with single windows system) will increase efficiency for both enforcement authorities and businesses and will also reduce their burden. The estimated overall cost for public authorities to supervise the EPR schemes, carry out enforcement work and adapt national vehicle registration systems is around EUR 24 million, less than EUR 2 per vehicle.

Consumers may face an increase in new vehicle prices of approximately EUR 39 per vehicle, and lower prices (by EUR 12 per vehicle) when selling second-hand cars due to the fall in exports. Conversely, measures to support the recovery and sale of used spare parts are expected to result in lower purchase prices and cheaper repair and maintenance for consumers, which is a benefit.

•Regulatory fitness and simplification

•Fundamental rights

The proposal does not have consequences on the protection of fundamental rights.

4.BUDGETARY IMPLICATIONS

Implementing the proposal will require staff and financial resources to purchase services. Some of the requirements in terms of staffing are expected to be met under the existing allocations for the Commission, albeit some needs for additional external staff are presented in the accompanying legislative financial statement. A need for limited extra resources is expected at the European Chemicals Agency, which will be provided for in a subsequent legislative proposal covering Chemicals legislation.

The proposal includes several articles detailing further work streams that will need to be carried out to complement the regulation. This work will entail adopting implementing/delegated acts over the course of the following 1-8 years.

The main technical tasks include:

–improving the methodology for the calculation of the rates on recyclability, reusability and recoverability (3R rates);

–improving the risk assessment of the remaining hazardous substance exemptions (ECHA support);

–calculating and verifying the rules for the recycled content of plastics, a feasibility study for setting recycled content targets for steel in automotive applications and a wider feasibility study, including an economic assessment for setting recycled content targets for other materials and declaration formats (building on JRC expertise and methodology although not necessarily carried out by the JRC););

–specifying removability requirements for EV batteries and e-drive motors, general removal information for other relevant components and aligning the requirements for the CRM Act with the Batteries Regulation (as above, building on JRC expertise);

–updating the type-approval formats and the information folder to be provided to type-approval authorities;

–developing criteria for the vehicle circularity passport;

–establishing cross-border EPR mechanisms;

–amending the calculation and verification rules for quality in vehicle treatment performance (as above, building on JRC expertise);

–digitalisation: creating interoperable vehicle registers and real-time export controls via the EU Single Window Environment for Customs, based on valid roadworthiness requirements first and risk-based assessment as a second step (close cooperation between DG ENV, DG MOVE and DG TAXUD);

–taking a phased-in approach to extending the scope of vehicle categories and preparing for review 8 years after entry into force.

The Commission will require additional staff to carry out these technical tasks as follows:

–0.5 full-time equivalent (FTE) contractual agents in 2024; 

–3.0 FTE contractual agents in 2025; 

–4.0 FTE contractual agents in 2026 and 2027, plus 1 FTE seconded national expert.

Overall, the total implementation costs, including the costs for Commission staff, is estimated at EUR 4.346 million, based on the latest salary scales.

5.OTHER ELEMENTS

•Implementation plans and monitoring, evaluation and reporting arrangements

Implementing the proposed regulation will be monitored by several indicators tracking information such as the volume of recycled materials used in new vehicles, recycling rates for specific materials from ELVs, materials/components/parts removed prior to shredding, the market share of used spare parts, the number of ELVs collected and processed in line with ELV requirements and the volume of used vehicles exported. More information on these indicators can be found in the impact assessment report.

A general review of a regulation is planned 8 years after it enters into force.

•Detailed explanation of the specific provisions of the proposal

Article 3 lays down the definitions needed for the purposes of this regulation. Several definitions are carried over from the repealed Directives 2000/53/EC and 2005/64/EC or from existing EU legislation, such as Directives 1999/37/EC, 2008/98/EC and 2014/45/EU or Regulation (EU) 2018/858.

Chapter III lays down information and labelling requirements for manufacturers.

Article 8 sets out the manner in which the manufacturers must prove compliance of their vehicle types with the requirements laid down in this regulation during the type-approval process.

Article 9 establishes the obligation to prepare a circularity strategy for each new vehicle type, containing the aspects listed in Annex IV. Manufacturers should update the strategies every 5 years, summarising the outcome of the actions taken to meet their undertakings.

Article 10 obliges manufacturers to declare in type-approval documentation the share of recycled content of indicated materials present in vehicles.

Article 11 obliges manufacturers to provide information on the safe removal and replacement of parts, components and materials contained in vehicles. This information must be accessible free of charge to waste management operators and repair and maintenance operators.

Article 12 covers the labelling of parts, components and materials present in vehicles in line with material coding standards. Detailed rules on labelling e-drive motors containing permanent magnets are laid down in Annex VI.

Article 13 establishes a circularity vehicle passport, a digital tool used to improve the provision of information on the safe removal and replacement of vehicle parts and components in a manner that is consistent with other digital information tools and platforms that already exist or are in further development in the automotive sector.

Chapter IV sets out rules on the management of end-of-life vehicles.

Section 1 contains provisions requiring Member States to designate the authorities responsible for implementing and enforcing Chapter IV and V (Article 14) and for setting the general conditions for issuing permits for authorised treatment facilities (Article 15).

Section 2 lays down requirements for extended producer responsibility.

Article 16 establishes a general obligation of producers on responsibility and indicates its scope. Article 17 requires Member States to create a register that will monitor compliance of producers with these requirements. Producers who are not registered shall not make available vehicles on the market within a territory of a Member State. Article 18 concerns producer responsibility organisations. Article 19 lays down conditions for the authorisation of producers, in case of individual fulfillment of extended producer responsibility obligations, and producer responsibility organisations. Article 20 indicates the costs related to managing end-of-life vehicles that should be covered by financial contributions of producers. Article 21 lays down harmonised criteria for modulating these fees. Article 22 sets out rules on the cost allocation mechanism for vehicles becoming end-of-life vehicles in another Member State. It empowers the Commission to adopt delegated acts concerning detailed rules on the application of fee modulation criteria and on the cost allocation mechanism of cross-border extended producer responsibility.

Section 3 covers the collection of end-of-life vehicles.

Article 23 sets out an obligation for producers to set up and participate in collection systems for end-of-life vehicles and sets out the requirements of these systems. It also obliges the Member States to ensure that these systems function properly.

Article 24 establishes an obligation to deliver all end-of-life vehicles to authorised treatment facilities.

Article 25 specifies obligation of authorised treatment facilities to issue certificates of destruction for all treated end-of-life vehicles.

Article 26 lists the obligations of vehicle owners to deliver their vehicles to an authorised treatment facility when it reaches the end-of-life stage and to present the subsequent certificate of destruction for the vehicle’s deregistration.

Section 4 covers the treatment of end-of-life vehicles.

Article 27 sets outs obligations of authorised treatment facilities on the specific action needed to treat vehicles properly.

Article 28 sets out the general requirements applicable to the shredding of end-of life vehicles. It also bans the mixing of end-of-life vehicles, their parts, components and materials with packaging waste and waste electrical and electronic equipment. 

Article 29 establishes requirements for the depollution of end-of-life vehicles, indicating that removed fluids and liquids must be separately stored, similarly as parts, components and materials containing lead, cadmium, mercury and hexavalent chromium. It also underlines, that removed electric vehicles batteries need to be stored and treated in line with Regulation (EU) 2023/[Batteries].

Article 30 obliges authorised treatment facilities to remove the parts and components listed in Annex VII Part C before shredding and sets out the conditions authorising an exemption from this requirement.

Article 31 sets out the obligations concerning removed parts and components to assess their fitness for reuse, remanufacturing, refurbishment, recycling, or other treatment operations and how they should be labelled. It also provides a list of parts that should not be reused, remanufactured or refurbished.

Article 32 lays down requirements governing the trading of used, remanufactured and refurbished parts and components. These parts and components must be properly labelled and covered by a warranty.

Article 33 states that Member States must adopt incentives to promote the reuse, remanufacturing and refurbishment of parts and components.

Article 34 sets out three targets: on the reuse and recycling of end-of-life vehicles, on their reuse and recovery and on plastic recycling.

Article 35 introduces a ban for landfilling of non-inert waste that are not processed through post shredder technology.

Article 36 lays down rules to calculate re-use, recycling and recovery targets in situations when end-of-life vehicles are shipped to another country for treatment.

Chapter V provides rules on used vehicles and their export.

Section 1 concerns the status of used vehicles. Article 37 obliges the vehicle owner transferring the ownership of the vehicle to be able to demonstrate that the vehicle subject to the transfer is not an end-of-life vehicle.

Section 2 contains several provisions governing the export of used vehicles.

Article 38 lays down conditions for exporting used vehicles: they should not be end-of-life vehicles according to criteria set out in Annex I and they must be roadworthy. It also explains how the customs authorities will verify if and how vehicles comply with these requirements.

Article 39 obliges customs authorities to automatically and electronically verify the compliance of vehicles to be exported with export requirements.

 Article 40 sets out when customs authorities should carry out checks on used vehicles to be exported.

Article 41 indicates when customs authorities should suspend the export of a used vehicle from releasing for export, Article 42 concerns situations when a used vehicle should be released for export and Article 43 provides for grounds for refusal to release the vehicle for export.

Article 44 covers cooperation between the authorities and exchange of customs-related information and Article 45 indicates the electronic system to be used for this purpose.

Chapter VI contain provisions on the enforcement of the rules contained in the regulation.

Article 46 obliges Member States to carry out regular inspections of authorised treatment facilities, repair and maintenance operators and other facilities and economic operators who may treat end-of-life vehicles.

Article 47 obliges Member States to establish effective cooperation mechanisms at national and international level, enabling the exchange of the data needed under this regulation.

Article 48 requires Member States to establish effective, proportionate and dissuasive penalties for infringing this Regulation.

Article 49 lays down rules on reporting from Member States to the Commission on data concerning the collection and treatment of end-of-life vehicles, as well as on implementing the extended producer responsibility obligations.

Chapter VII is a standard chapter with articles on delegated acts (Article 50) and on implementing acts (Article 51).  

Chapter VIII sets out amendments to Regulation (EU) 2019/1020 and Regulation (EU) 2018/858.

Chapter IX is a standard chapter on final provisions, with articles covering the requirement to evaluate the regulation 8 years after adoption (Article 55), on repeal and transitional provisions (Article 56) and entry into force (Article 57). 

2023/0284 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on circularity requirements for vehicle design and on management of end-of-life vehicles, amending Regulations (EU) 2018/858 and 2019/1020 and repealing Directives 2000/53/EC and 2005/64/EC

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee 35 ,

Having regard to the opinion of the Committee of the Regions 36 ,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)The Communication of the Commission of 11 December 2019 on ‘The European Green Deal’ 37 (the ‘European Green Deal’) is Europe’s growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy where there are no net greenhouse gas emissions in 2050 and where economic growth is decoupled from resource use. In order for the Union’s product policies to contribute to lowering carbon emissions on a global level, it needs to be ensured that products marketed and sold in the Union are sourced, manufactured and treated at their end-of-life in a sustainable manner.

(2)The automotive sector is an important contributor to the use of energy and material resources by the Union, and hence to the generation of greenhouse gases. The production of vehicles in third countries that are placed on the Union market contributes to the generation of global greenhouse gases, which in turn has a negative environmental impact on the Union. A shift from the use of fossil fuels in vehicles to zero emission mobility, as foreseen in the Fit for 55 package, is one of the prerequisites for reaching the climate neutrality goal in 2050. It will reduce the emissions of greenhouse gases from the automotive sector linked to the use phase of vehicles. The automotive industry is one of the largest users of primary aluminium, steel and plastics, linked to the manufacturing of new vehicles placed on the Union market. This can represent a significant environmental impact, linked to the energy required for the extraction and processing of these materials. The environmental footprint linked to the manufacturing of new vehicles could increase with the ongoing electrification of the fleet, as well as due to more widespread use of electronics in future models, which both require a considerable amount of critical and strategic raw materials and precious metals, such as copper and rare earth elements. The result of these changes is that the production phase could have a larger environmental footprint than the use phase of vehicles. In addition, the current requirements in Union law on waste management result in a suboptimal recovery of resources from end-of-life vehicles, and there is high potential to increase the quantity and quality of parts, components and materials to be re-used, remanufactured, refurbished or recycled from end-of-life vehicles. To address these environmental impacts and contribute to the decarbonisation of the sector, it is necessary to improve the functioning of the single market and enhance the transition of the automotive industry to a circular economy. This is in line with Communication of the Commission of 11 March 2020 on ‘A new Circular Economy Action Plan – For a cleaner and more competitive Europe’ 38  which called for a revision of the current rules to “promote more circular business models by linking design issues to end-of-life treatment, consider rules on mandatory recycled content for certain materials, and improve recycling efficiency”. The Council 39 and the Parliament 40 also stressed the need for new Union rules on these matters, replacing the existing rules on type approval of vehicles when it comes to re-usability, recyclability and recoverability and on end-of-life vehicles.

(3)Directive 2000/53/EC of the European Parliament and of the Council 41  sets up harmonised treatment requirements for end-of-life vehicles and targets for vehicles’ reuse and recycling and reuse and recovery. It establishes obligations on collection of end-of-life vehicles, as well as obligations for economic operators, in particular restricting the use of heavy metals in vehicles. It also creates basic rules on extended producer responsibility, requiring vehicle producers to cover part of the costs of collection of end-of-life vehicles.

(4)The Commission’s evaluation of Directive 2000/53/EC 42 highlighted that it has been effective in delivering many of its initial objectives, especially the elimination of cadmium, lead, mercury and hexavalent chromium from vehicles, an increase in collection points for end-of-life vehicles and the attainment of the recovery and recycling targets. The evaluation however found that the Directive however insufficiently addressed important issues linked to the collection of end-of-life vehicles and was not adapted any longer to ensure a high quality of treatment of these vehicles.

(5)Directive 2005/64/EC of the European Parliament and of the Council 43  regulates the type-approval of vehicles in relation to their reusability, recyclability and recoverability, so that these vehicles could meet the targets established in Directive 2000/53/EC at their end-of-life stage. That Directive has not been effective in improving substantially the re-usability, recyclability and recoverability of new vehicles and is not adapted to the features of new vehicles, which have considerably changed since the entry into force of that Directive.

(6)Regulation (EU) 2018/858 of the European Parliament and of the Council 44 introduced a comprehensive type-approval and market surveillance system for motor vehicles, trailers, and for systems, components and separate technical units intended for such vehicles with a view to ensuring the proper functioning of the single market and in order to offer a high level of environmental performance. There is a need for a separate regulatory act for the purposes of the EU type-approval procedure laid down in Annex II to Regulation (EU) 2018/858. It is necessary to lay down provisions and requirements on the circularity of vehicles in the process of EU type approval. To ensure the compliance of vehicles with those requirements it is necessary to ensure their verification in the EU type-approval process. The administrative provisions of Regulation (EU) 2018/858, including the provisions on market surveillance, corrective measures and penalties, apply to type approvals issued this Regulation. The administrative provisions of Regulation (EU) 2018/858, including the provisions on market surveillance, corrective measures and penalties, apply to type approvals issued in compliance with the requirements of this Regulation.

(7)In order to improve the functioning of the single market, while ensuring a high level of protection of the environment, it is essential to harmonise the conditions for the type-approval of vehicles when it comes their reusability, recyclability and recoverability, as well as the conditions governing waste management in the automotive sector. There are intrinsic links between the production stage and the end-of-life treatment of vehicles, as the environmentally sound treatment of end-of-life vehicles depends to a large extent on how vehicles are designed and constructed in the first place. The most efficient way of facilitating the transition of the automotive sector to a circular economy is therefore to establish a uniform regulatory framework at the Union level, covering in an integrated and consistent manner the design, manufacturing, placement on the market in the Union and end-of-life treatment of vehicles. This is also essential for the development of the Union market for secondary raw materials which are included in new vehicles placed on the market, as well as to avoid barriers to trade and distortions of competition, ensure legal clarity and improve the environmental performances of all of the economic operators involved in the design, production and end-of-life treatment of vehicles. In order to achieve these objectives and the necessity to have uniform rules for the single market driven by environmental concerns, and in line with the overall Union legislation on type-approval for motor vehicles, Directive 2000/53/EC and Directive 2005/64/EC should be replaced by a Regulation, based on Article 114 of the on the Functioning of the European Union (TFEU).

(8)Directives 2000/53/EC and 2005/64/EC apply only to passenger vehicles (M1) and light commercial vehicles (N1), which constitute approximately 85% of all vehicles registered in the Union. The remaining vehicles, namely two- and three- wheel vehicles, lorries, busses and trailers, are not subject to any Union legislation concerning their eco-design and management at their end-of-life stages. Therefore, in order to ensure a circular framework for all vehicles registered in the Union, including their environmentally sound treatment, as well as to prevent fragmentation of the single market, this Regulation should apply not only to vehicles of categories M1 and N1, but, partially, also to certain L-category vehicles (L3e-L7e), heavy-duty vehicles and their trailers (M2, M3, N2, N3, O). There is a lack of comprehensive information regarding the treatment of such vehicles at their end-of-life in the Union, which prevents from applying to them the same regime as the one applying to M1 and N1 vehicles upon entry into force of this Regulation. However, the requirements regarding the collection of end-of-life vehicles, their mandatory delivery to authorised treatment facilities for treatment as well as their depollution should apply to L-category vehicles (L3e-L7e) and heavy-duty vehicles and their trailers (M2, M3, N2, N3, O). To facilitate treatment of these end-of-life vehicles, their manufacturers should be required to provide information on the removal and replacement of parts, components and materials from such vehicles. Also, the provisions governing the extended producer responsibility should apply to these vehicle categories, covering the costs of their collection and depollution at their end-of-life.

(9)Problems with exporting used vehicles concern not only passenger vehicles (M1) and light commercial vehicles (N1), but also, as studies show 45 , larger vehicles. Therefore, these provisions should also apply to heavy-duty vehicles and their trailers (M2, M3, N2, N3, O).

(10)Special purpose vehicles are designed to perform a specific function and require special bodywork arrangements which are not entirely under the control of the manufacturer. Consequently, the reusability, recyclability and recoverability rates cannot be calculated properly. For those vehicles only the provisions concerning the collection, depollution and mandatory removal for parts and components should apply. Costs of conducting these activities should be covered by producers within the extended producer responsibility scheme. Provisions concerning substances in vehicles should also apply to special-purpose vehicles, as it is under Directive 2000/53/EC. The second stage manufacturer of vehicles that have been type-approved in multi-stage type-approval is not in a position to calculate the reusability, recyclability and recoverability rates for completed vehicles. It is therefore appropriate to require only the base vehicle to comply with this Regulation.

(11)One of the biggest practical challenges related to the application of Directive 2000/53/EC concerns the determination whether or not a vehicle has become an end-of-life vehicle, in particular in cases of transboundary shipments of vehicles. Despite the issuance of guidance 46 on this issue, such assessment remains problematic. It is therefore necessary to provide legally-binding precise criteria allowing to determine an end-of-life vehicle. Those criteria should be used by all economic operators and vehicle owners dealing with end-of-life vehicles.

(12)The evaluation of Directive 2000/53/EC concluded that the provisions in this Directive on the design of vehicles aimed at facilitating their dismantling and the uptake of recycled materials had a very limited impact on the design and manufacturing of new vehicles, as they were not sufficiently detailed, specific and measurable.

(13)Addressing the design of all vehicles placed on the Union market as well as their end-of-life stage requires the setting up of harmonised circularity requirements verified at the type-approval stage. Designing and manufacturing vehicles to ensure that their parts and components are reusable, and the materials that they contain are recyclable, is essential to avoid that these parts, components and materials cannot be properly valorised when a vehicle reaches the end of its life. Therefore, vehicle manufacturers and their suppliers should integrate design strategies that improve reusability and recyclability at an early stage in the development of new vehicles. Accordingly, new vehicle types should continue to be constructed so as to be reusable or recyclable to a minimum of 85 % by mass and reusable or recoverable to a minimum of 95 % by mass, as already foreseen in Directive 2005/64/EC. In order to ensure that the calculation of the reusability, recyclability and recoverability rates is done in a uniform manner and can be monitored, a new methodology for calculation and verification of the rates of reusability, recyclability and recoverability of a vehicle should be established. This methodology should better reflect the actual potential of a new vehicle to be recycled, reused and recovered at the end-of-life, while taking into account the ongoing technological progress. In order to ensure uniform conditions for the implementation of this Regulation implementing powers should be conferred on the Commission to establish such methodology. Until such methodology is established, the rates of reusability, recyclability and recoverability should continue to be calculated in accordance with the standard ISO 22628:2002, as in Directive 2005/64/EC.

(14)Vehicles should be designed and manufactured in a way as to limit the presence of substances of concern. In its Communication of 14 October 2020 on ‘Chemicals Strategy for Sustainability – Towards a Toxic-Free Environment’ (the ‘Chemicals Strategy for Sustainability’) 47 , the Commission stated that substances of concern are to be minimised and substituted as far as possible, phasing out the most harmful ones for non-essential societal use, in particular in consumer products. Accordingly, substances of concern as constituents of materials used in vehicles or of any of the parts or components of vehicles should be minimised as far as possible to ensure that vehicles, as well as materials recycled from vehicles, do not have an adverse effect on human health or the environment, throughout their life-cycle.

(15)Directive 2000/53/EC already restricts the use of lead, mercury, cadmium and hexavalent chromium in vehicles and provides exemptions, where such substances may be used in certain applications. This Regulation should take over these existing rules. However, in order to ensure the coherence of legislation on chemicals, restrictions regarding placing on the market and use of other substances in vehicles should be addressed under Regulation (EC) No 1907/2006 of the European Parliament and of the Council 48 . Similarly, restrictions on the use of substances regulated in Regulation (EU) 2019/1021 of the European Parliament and of the Council 49 , should be introduced based on provisions of that Regulation. Therefore, this Regulation should not provide the possibility to restrict any other substance than lead, mercury, cadmium and hexavalent chromium in vehicles.

(16)Directive 2000/53/EC provides exemptions to the restrictions on the use of lead and cadmium in batteries used in vehicles, which are taken over by this Regulation. However, the use of substances in batteries is comprehensively regulated in Regulation (EU) No 2023/[Batteries] of the European Parliament and of the Council 50 . Therefore, such substances should be addressed and eventually their restrictions and related exemptions transferred, as appropriate, to that Regulation and should not be regulated in this Regulation. Prior to introducing such restrictions under Regulation (EU) No 2023/[Batteries], a comprehensive assessment should be carried out under that Regulation to evaluate, if an exemption is still required and in what scope.

(17)In order to take account of scientific and technical progress, the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should continue to be delegated to the Commission in respect of amending exemptions from restrictions on the use of lead, mercury, cadmium and hexavalent chromium in vehicles under this Regulation. Modifying or deleting such exemptions should be preceded by an assessment of the socio-economic impacts of such change, which is absent in the Directive 2000/53/EC, including consideration of the availability of alternative substances and the impacts on human health and the environment across the lifecycle of vehicles. To ensure effective decision-making, coordination and management of the technical, scientific and administrative aspects of amending this Regulation with respect to restrictions on use of substances in vehicles, the European Chemicals Agency should assist the Commission in such assessment.

(18)To increase circularity in the automotive sector, vehicles should progressively be designed and manufactured in such a way which incorporates recycled materials instead of primary raw materials. The use of recycled materials allows for a more resource-efficient use of materials, decarbonises production and reduces negative environmental impacts related to the use of primary raw materials. Increased circularity for the vehicles manufactured in third countries that are placed on the Union market will also contribute to reducing greenhouse gas emissions globally, including the Union. It also reduces raw material and energy dependencies linked to the supply of primary raw materials and at the same time reinforces the market for secondary raw materials. Although there are no requirements concerning the use of recycled content on a global level, many manufacturers have already incorporated recycled materials in their vehicles. Establishing targets and uniform provisions on how to calculate the recycled content will provide legal certainty and contribute to creating fair competition between manufacturers. The requirements will apply to all manufacturers intending to place vehicles on Union’s market, irrespective of where they are based. Acknowledging the importance of global value chains in the automotive sector, the Regulation should allow for sourcing the secondary raw materials from outside the Union.

(19)In view of the low recycling rate for plastics, especially from end-of-life vehicles, and the overall negative impacts of other forms of treatment of plastic waste, it is appropriate to increase the uptake of recycled plastics in vehicles. To this end, a mandatory target for plastic recycled from post-consumer waste should be included in new vehicles. Accordingly, each vehicle type should contain twenty-five percent of plastic recycled from post-consumer plastic waste. Twenty-five percent of this recycled content target for plastics should be achieved by including plastics recycled from end-of-life vehicles in the vehicle type concerned. In order to ensure uniform conditions for the implementation this obligation, implementing powers should be conferred on the Commission to establish methodology for the calculation and verification of the share of plastics recovered from post-consumer waste, and from end-of-life vehicles respectively, present in and incorporated into the vehicle type.

(20)The automotive sector is one of the biggest users of steel and the current uptake of recycled steel in new vehicles remains low. In order to contribute to lowering the carbon footprint linked to the production of new vehicles and support the move of the automotive industry towards climate neutrality, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of establishing a minimum share of steel recycled from post-consumer steel waste to be present and incorporated into vehicle types. The establishment of a future target should be preceded by a dedicated study by the Commission covering all relevant technical, environmental and economic factors linked to the feasibility of such target. In order to ensure uniform conditions for the implementation this obligation, implementing powers should be conferred on the Commission to establish methodology for the calculation and verification of the share of steel recovered from post-consumer steel waste present in and incorporated into the vehicle type.

(21)There is a potential to increase the use of recycled content in vehicles for other materials commonly used by the automotive industry for which markets for secondary raw materials are underdeveloped, the footprint linked to the production of primary raw materials is high or recycling levels are limited, while sorting and recycling technologies are improving. It is therefore appropriate for the Commission to assess the desirability, feasibility and impacts of setting out targets on recycled content of neodymium, dysprosium, praseodymium, terbium, samarium, boron used in permanent magnets as well as for aluminium and its alloys, or magnesium and its alloys. For the feasibility of potentially setting targets on specific types of aluminium and magnesium alloys, the study should address the matching of demand by secondary supply in general and in particularly investigate the trade-off between maximising economies of scale by specifying a minimum number of alloy families versus maximising value retention by sorting into a wider range of specific alloy types.

(22)In order to boost the underdeveloped markets for secondary raw materials, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of establishing a minimum share of establishing a minimum share of aluminium and its alloys, magnesium and its alloys, neodymium, dysprosium, praseodymium, terbium, samarium or boron recycled from post-consumer waste that shall be present in and incorporated into the vehicles types. In order to ensure uniform conditions for the implementation this obligation, implementing powers should be conferred on the Commission to establish methodology for the calculation and verification of the shares of the materials recycled from post-consumer waste in vehicle types. The methodology is necessary to clarify the definitions of post-consumer scrap and pre-consumer scrap. This is relevant to incentivise the improvement of quality and the retainment of value, in particular for post-consumer fractions. In order to promote decarbonisation via the use of more recycled content, clear definitions are necessary to incentivise the recycling of post-consumer scrap, while minimising the use of pre-consumer scrap, which usually carries the same carbon footprint as the primary raw material.

(23)In line with the requirements of Regulation (EU) [CRM Act] of the European Parliament and of the Council 51 , and considering that it is necessary to establish in this Regulation provisions on recycled content in vehicles and on critical raw materials used in parts and components of vehicles, those provisions should apply as the sector specific implementation of the provisions contained in Regulation (EU) [CRM Act]. This will ensure streamlining and integrating various information, labelling and removal obligations under the procedures of this Regulation with those for other parts, components and materials.

(24)In order to ensure that batteries are recycled in accordance with the requirements of the Regulation (EU) 2023/[Batteries], and that e-drive motors, which contain important quantities of rare earth elements, can also be replaced and recycled, it is necessary to introduce design requirements for new vehicles types, ensuring that these batteries and e-drive motors can be removed in a readily manner by authorised treatment facilities or repair and maintenance operators during any phase of the life-cycle of a vehicle. In order to take into account technical and scientific progress, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending this Regulation by revising the list of parts and components that are to be designed for removal and replacement from vehicles. In order to ensure uniform conditions for the implementation of this design requirement, implementing powers should be conferred on the Commission.

(25)The type-approval system laid down in Regulation (EU) 2018/858 requires manufacturers to construct their vehicles, systems, components and separate technical units in conformity with an approved vehicle type. To ensure that manufacturers comply with the circularity requirements that are applicable to them at type-approval stage and which are laid down in this Regulation, and that type-approval authorities can verify compliance, it is necessary for manufacturers to include the information required for the type-approval procedure in the information folder. To increase transparency and ensure that the required type-approval information is presented in a manner coherent with the requirements in other legislation governing type-approval requirements for vehicles, the Commission should amend the rules established in Commission Implementing Regulation (EU) 2020/683 52 which standardise the documents and information to be included into the information folder and thus specify the administrative requirements for type-approval.

(26)In order to ensure that manufacturers of passenger cars and light commercial vehicles put in place actions to ensure that they meet the circularity requirements under this Regulation, and to incentivise them to improve the circularity of the vehicle types they place on the market, they should draw up a comprehensive circularity strategy for each new type and provide it to the type-approval authority. This strategy should be based on proven technologies, which are available or in development at the time of applying for the vehicle type approval and be periodically updated. The Commission should regularly report on the circularity of the automotive sector based on the circularity strategies provided by the manufacturers. In order to take account of technical and scientific progress in vehicle manufacturing and management of end-of-life vehicles, market developments in the automotive sector and regulatory changes, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the annex containing requirements on the content of circularity strategy and the updates thereto.

(27)In order to increase transparency on the use of recycled materials by the automotive sector and provide incentives to increase recycled content levels, vehicle manufacturers should be required to provide technical documentation showing the percentage of recycled materials present in new vehicle types which are submitted for type-approval. This requirement should apply to a selection of materials for which an increase in recycled content level in vehicles would bring about particularly important environmental benefits. The mandatory declaration should be submitted to the type-approval authority together with other documents as part of the application for type-approval.

(28)Access to up-to-date information and timely communication between vehicle manufacturers and waste management operators across the automotive value chain are essential to maximise reuse, remanufacturing and refurbishment of parts and components of a vehicle and to ensure high‑quality recycling of end-of-life vehicles. Therefore, manufacturers should provide to waste management operators and repair and maintenance operators unrestricted, standardised and non-discriminatory access to information enabling safe removal and replacement of certain parts, components and materials present in a vehicle. The information should guide the waste management operators and repair and maintenance operators through the steps and provide clear instructions on the use of tools or technologies required to access and remove electric vehicle batteries, including the tools or technologies enabling their safe discharge, and e-drive motors. This information should also help to identify, locate and remove the parts, components and materials, that should be depolluted and removed from the vehicle prior shredding, as well as parts and components, containing the critical raw materials in permanent magnets referred to in Regulation (EU) [CRM Act]. This should be done through communication platforms established by manufacturers and the information should be provided free of charge, excluding administrative costs. The type-approval authorities should verify that the required information has been submitted by the manufacturers. In order to regularly update scope of information to be provided by the manufacturers to the waste management operators and repair and maintenance operators, the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending Annex V.

(29)While digital coding is increasingly used to control different parts and components in vehicle, the evaluation of Directive 2000/53/EC identified that such coding could impede the reuse, remanufacturing and refurbishment potential of certain parts and components. It is therefore essential that vehicle manufacturers are requested to provide information allowing professional waste management operators to overcome the problems posed by these digitally coded parts and components in a vehicle, where such coding prevents repair, maintenance or replacement operations in another vehicle. 

(30)Manufacturers and their suppliers should use component and material coding standards, which were established initially in Commission Decision 2003/138/EC 53 , for labelling and identification of vehicles’ plastic and elastomer parts, components and materials. They should ensure, that all parts and components of vehicles are marked in accordance with other applicable Union legislation, in particular concerning labelling of batteries and of permanent magnets included in vehicles that they place on the market. In order to take into account the technical and scientific progress, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending Annex VI specifying how parts and components of vehicles should be labelled.

(31)In order to facilitate the end-of-life treatment of vehicles, vehicle manufacturers should provide, via digital tools, accurate, complete and up-to-date information on the safe removal and replacement of vehicle parts and components. A Circularity Vehicle Passport should therefore be developed and made available as a data carrier for such information, in a manner that is consistent with other digital information tools and platforms that already exist or are in further development in the automotive sector on the environmental performance of vehicles and aligned with corresponding provisions in the Regulation (EU) 2023 [Batteries], the Regulation [ESPR] of the European Parliament and of the Council 54  and the Regulation [Euro 7] of the European Parliament and of the Council 55 . In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to lay down the technical design and operation requirements for the passport and rules on location of the data carrier or other identifier enabling accessing the passport on the vehicle. 

(32)In order to ensure that producers and other economic operators are subject to the same rules across the Member States, it is necessary to lay down harmonised rules for waste management of end-of-life vehicles. This should lead to a high level of protection of human health and the environment across the Union. It would also result in further harmonisation of the quality of waste management services provided by economic operators and facilitate the functioning of the market for secondary raw materials.

(33)In order to guarantee the safe and environmentally sound treatment of end-of-life vehicles, any establishment or undertaking intending to perform waste treatment operations for these vehicles should obtain an authorisation from the competent authority. The authorisation should be granted only if the establishment or undertaking has the technical, financial and organisational capacity needed to carry out the end-of-life treatment operations for vehicles in a manner that complies with the applicable EU and national law, including the specific treatment requirements established in this Regulation. Additionally, authorised treatment facilities should have the competence to issue certificates of destruction in accordance with this Regulation.

(34)Directive 2000/53/EC establishes a basic obligation for vehicle producers to cover part of the costs of collection of end-of-life vehicles. Building on this obligation, in line with the polluter-pays principle and consistent with the general minimum requirements for extended producer responsibility schemes set out in Directive 2008/98/EC of the European Parliament and of the Council 56 , it is appropriate to lay down at Union level requirements on the responsibilities of vehicle manufacturers relating to the management of end-of-life vehicles. Producers should have extended producer responsibility for the vehicles that they have placed on the market once they reach their end-of-life stage. The extended producer responsibility should cover the obligations to ensure that the vehicles made available by the producers on the market in a Member State are collected and treated in accordance with this Regulation and that waste management operators treating such vehicles meet the recycling targets established by this Regulation.

(35)In order to facilitate monitoring of compliance of producers with their extended producer responsibility obligations, Member States should establish a register of producers. The registration requirements should be harmonised across the Union to facilitate registration, in particular where producers make vehicles available in different Member States. The register should be also used for the purposes of reporting to competent authorities on the performance of extended producer responsibility obligations. The features and procedural aspects linked to this register should also be consistent with the register of producers established by Regulation (EU) 2023/[OP: Batteries], to enable producers of vehicles and producers of batteries to use one and the same register.

(36)In case the producer makes vehicles available on the market for the first time within a territory of a Member State, where the producer is not established, the producer should designate an appointed representative for the extended producer responsibility.

(37)Producers should be able choose whether they will exercise their extended producer responsibility obligations individually or collectively, by means of producer responsibility organisations taking responsibility on their behalf. Producer responsibility organisations should ensure the confidentiality of data provided to them by producers. In order to ensure that the interests of all economic operators are properly taken into consideration and avoid that waste management operators are placed at a disadvantage in the decisions taken in extended producer responsibility schemes, a fair representation of producers and waste management operators should be ensured in the governing bodies of such organisations.

(38)Producers should finance part of the costs of collection and treatment of end-of-life vehicles necessary to meet the requirements established in this Regulation, in particular obligations aimed at ensuring higher quality of secondary raw materials retrieved from vehicles. The exact level of the costs of such operations that should be covered by producers should be determined taking into account the revenues of authorised treatment facilities and other waste management operators gained from sale of used spare parts or components and of secondary raw materials retrieved from end-of-life vehicles. To this end, the competent authorities, in cooperation with producers and waste management operators, should monitor the average costs of collection, recycling and treatment operations as well as the level of financial contributions paid by the producers in order to ensure that a fair allocation of costs between all interested operators is in place. 

(39)The financial contributions of producers should also cover the costs of educational campaigns aimed to increase the collection of end-of-life vehicles, establishment of the notification system for issuance and transfer of certificates of destruction and gathering and reporting of data to the competent authorities. All these actions are indispensable for ensuring proper management of end-of-life vehicles, in particular for tracking the vehicles for which producers are responsible in accordance with this Regulation.

(40)Producers who choose to fulfil their extended producer responsibility obligations individually should also provide a guarantee to be used to cover the costs of management of end-of-life vehicles. Such guarantees may be used in particular in cases where the concerned producers become insolvent or permanently cease their operations.  

(41)In case a producer exercises its extended producer responsibility obligations collectively with a producer responsibility organisation, the financial contributions paid by the producer should be modulated based on harmonised criteria. Such criteria should create economic incentives for the manufacturers to increase circularity in the design and production of new vehicles, taking into consideration the amount of primary and recycled materials in a vehicle, the extent to which it contains parts, components and materials which are difficult to remove, dismantle, reuse or recycled, as well as the amount of hazardous substances that it contains. In order to avoid distortion of the single market, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of supplementing this Regulation by establishing detailed rules on how the criteria for the modulation of the financial contributions paid to producer responsibility organisations should be applied.

(42)As vehicles often become end-of-life vehicles in a different Member State than in the Member State where they were registered for the first time, it is necessary to introduce rules on cross-border extended producer responsibility. These rules should ensure that the responsibility of the producer properly covers the collection and treatment costs incurred by the waste management operators in the Member State where the vehicle becomes an end-of-life vehicle. To this end, producer should appoint a representative for the extended producer responsibility in each Member State and set up mechanisms for cross-border cooperation with relevant waste management operators. Introducing such a mechanism contributes to creating a level playing field between the authorised treatment facilities across the Union and facilitates the development of Union wide approaches in case of individual producer responsibility.

(43)In order to ensure compliance with this obligations and to avoid distortion of the single market, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of establishing further detailed rules on the obligations of the producers, Member States and waste management operators and the features of the cross-border mechanisms.

(44)A key prerequisite for the sound treatment of end-of-life vehicles is that all end-of-life vehicles are collected. Therefore, this Regulation should impose certain obligations linked to the collection primarily on the producers and, secondarily, on the Member States. Producers should set up or participate in setting up the collection systems, and Member States should adopt all necessary measures to ensure that the systems are in place and that those systems enable meeting the objectives of this Regulation. The collection systems should enable vehicle owners and other vehicle holders to deliver the vehicle to an authorised facility without unnecessary efforts or costs. This means in practice that such systems should appropriately cover the whole territory of each Member State. They should also allow for collection of all brands of end-of-life vehicles, as well as of waste parts from repair of vehicles.

(45)End-of-life vehicles should be treated only in authorised treatment facilities, thus such facilities play a vital role in collection of the end-of-life vehicles. In order to facilitate collection and ensure adequate availability of facilities collecting end-of-life vehicles, this Regulation provides for a possibility for establishing collection points. The role of such points would be limited to collecting of end-of-life vehicles, storing them in proper conditions and transporting them to the authorised treatment facility. Operating such a point requires a specific permit. Collection points should be required to deliver all collected end-of-life vehicles to authorised treatment facilities.

(46)In order to effectively collect all end-of-life vehicles it is necessary to inform the public on the existence of collection systems. Vehicle owners should be aware that they can in principle deliver an end-of-life vehicle, with or without the electric vehicle battery, to a collection point or authorised treatment facility free of charge. The educational campaign by producers or producer responsibility organisations should also present the consequences for the environment and human health of improper collection and treatment of end-of-life vehicles.

(47)The authorised treatment facility should issue a certificate of destruction to document that an end-of-life vehicle was treated. This is necessary to ensure a proper supervision of management of end-of-life vehicles. The minimum requirements for this certificate are currently laid down in Commission Decision 2002/151/EC 57 and the content of this Decision should be included in this Regulation, with necessary adaptations. This certificate should be issued in an electronic format and provided to the last owner of an end-of-life vehicle, and then transmitted by the authorised treatment facilities and the last owner to the relevant authorities of the Member State, as its presentation allows for cancelling the registration of a vehicle. The electronic notification system should enable transmitting both the document confirming collection of end-of-life vehicle and the certificate of destruction.

(48)Despite an obligation in Directive 2000/53/EC to transfer all end-of-life vehicles for treatment to an authorised treatment facility, there is a very significant share of vehicles whose whereabouts are unknown, and which might have been either illegally treated or exported as end-of-life vehicles, or whose status is not properly reported to the Member States registration authorities. Such vehicles are referred to as “missing vehicles”. Member States should strengthen their cooperation so as to reduce the number of missing vehicles. Recognition of certificates of destruction issued in another Member State and obligation to inform the authorities of the Member States, where the vehicle is registered, that a certificate of destruction is issued, should allow for better tracking of end-of-life vehicles’ whereabouts.

(49)To ensure effective collection of end-of-life vehicles, explicit obligations should be addressed to vehicle owners. They should deliver their vehicle, when it reaches the end-of-life stage, to collection points or authorised treatment facilities and present the certificate of destruction to the registration authorities in order to cancel the registration of their vehicle.

(50)In order to ensure a uniform and environmentally sound treatment of end-of-life vehicles in the Union, it is essential to ensure that the authorised treatment facilities accept and treat all end-of-life vehicles, parts, components and materials, including waste parts from repairs of vehicles, in compliance with the conditions set out in their permits, as well as in accordance with the requirements set out in this Regulation, the best available techniques, and Directive 2010/75/EU of the European Parliament and of the Council 58 .

(51)In view of the key role of authorised treatment facilities in managing end-of-life vehicles in a way that does not adversely affect the environment or human health and contributes to the achievement of circular economy objectives of the Union, it is necessary to lay down obligations applying to such facilities and covering all their activities, from acceptance and storage of an end-of-life vehicle until its final treatment.

(52)In order to ensure traceability on their activities, the authorised treatment facilities should document the performed treatment operations and electronically store the record for a minimum of three years, and be able to present it, upon request, to relevant national authorities.

(53)The depollution of an end-of-life vehicle is the first step towards preventing damage to the environment, human health and risks to work safety. It is therefore essential that an end-of-life vehicle undergoes the necessary depollution operations as soon as possible after its delivery to the authorised treatment facility, before the end-of-life vehicle is treated any further. In this phase, waste oils should be collected and stored separately from the other fluids and liquids, and be further treated in accordance with Directive 2008/98/EC. In addition, the parts, components and materials containing lead, cadmium, mercury and hexavalent chromium, should be removed from the end-of-life vehicle, to avoid adverse effects on humans or the environment. 

(54)In order to ensure a proper implementation of Regulation (EU) 2023/ [OP: Batteries Regulation], all batteries incorporated in vehicles are to be separately removed from an end-of-life vehicle and stored in a designated area for further treatment.

(55)In order to maximise the potential of reuse, remanufacturing and refurbishment of parts and components, and preserve a high value for the secondary materials which derive from end-of-life vehicles, certain parts and components should mandatorily be removed from an end-of-life vehicle prior to shredding. The parts and components concerned should be removed in a manual dismantling process or a semi-automated disassembly process. To stimulate progress in technologies for dismantling, sorting, shredding and post-shredding, it should be possible to deviate from the requirement on mandatory removal of parts and components in certain exceptional cases. It should be demonstrated the parts and components concerned can be removed as effectively with those technologies than as with manual or semi-automated processes and without lowering the quality of the resulting treatment fractions. In order to take into account technical and scientific progress, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending Annex VII.

(56)Once the authorised treatment facilities have removed parts and components from an end-of-life vehicle, they should carefully assess and determine whether those parts and components are fit for reuse, remanufacturing or refurbishment, based on objective criteria linked to the technical features of the parts and components and requirements on vehicle safety.

(57)Regulation (EU) 2023/[Batteries] sets out rules on the sustainability, performance, safety, collection, recycling and second life of batteries as well as on removal information about batteries for economic operators. The potential for a second life of batteries should be taken into consideration in this Regulation by excluding the electric vehicle battery from the essential parts or components’ to allow for handing over the vehicle for treatment, free of charge, without the electric vehicle battery.

(58)Recognising the potential of remanufacturing and refurbishment in the automotive sector, and their contribution towards circular economy, it is necessary to provide legal clarity to the economic operators involved in this sector. It should therefore be clarified that parts and components removed from an end-of-life vehicle, which are suitable for reuse, remanufacturing or refurbishment, should not be considered waste. This is necessary to facilitate the shipment, transportation or any other transfer of such parts and components. The relevant national authorities should be in position to request documentation, from the authorised treatment facility that removed the part or component concerned, that confirms, via a dedicated assessment, the technical suitability of the relevant parts and components for remanufacturing, refurbishment or reuse.

(59)In its evaluation of Directive 2000/53/EC, the Commission found that used spare parts and components are offered to the public by unidentified providers and often come from illegal activities. Therefore, new requirements should be established concerning the trading of used, remanufactured or refurbished parts and components. Such parts and components should, above all, be marked with a label indicating the vehicle identification number of the vehicle from which the component or part has been removed and details of the operator who removed them, and be accompanied by a warranty.

(60)In the interests of road safety and protection of the environment, certain components and parts which have been removed from end-of-life vehicles should not be reused, remanufactured or refurbished. Such parts and components should be used neither for the construction of new vehicles, nor in vehicles that have already been placed on the market.

(61)In order to encourage the development and proper functioning of the market for reusable, refurbished and remanufactured parts and components in the Union, Member States should be encouraged to take the necessary incentives at the national level to promote the reuse, refurbishment and remanufacturing of parts and components, whether they are removed during the use or end-of-life phase of a vehicle. The Commission should facilitate the exchange of information among Member States by sharing their best practices on the incentives taken at the national level, with a view to monitoring their effectiveness.

(62)In its evaluation of Directive 2000/53/EC, the Commission found that the definition of recycling in that Directive is too broad and not consistent with Directive 2008/98/EC, as it considers ‘backfilling’ as a recycling operation. Therefore, the Regulation should align the definition of recycling with Directive 2008/98/EC, excluding backfilling from its scope.

(63)The recycling of all plastics from end-of life vehicles should be continuously improved, and it is important to ensure a sufficient supply of recyclates to meet the demand for recycled plastics in vehicles. It is therefore necessary to lay out a specific recycling target of 30 % of plastics from end-of-life vehicles. This target would be complementary to the targets for (85 %) of end-of-life vehicles as well as re-use and recovery (95 %) of end-of-life vehicles by average weight per vehicle and year. To facilitate the implementation of those requirements by waste management operators, a transitional period of three years is needed. In the meantime, the current targets for the re-use and recycling (85 %) as well as re-use and recovery (95 %) of end-of-life vehicles, as established by the Directive 2000/53/EC, and based on the definition of recycling in that Directive, should continue to apply.

(64)It is important to increase the recovery of high-quality secondary materials by improving shredding processes of end-of-life vehicles. Therefore, end-of-life vehicles, their parts, components and materials should not be processed in a shredder in combination with packaging waste and waste electrical and electronic equipment, particularly to improve the separation of copper from steel fractions.

(65)To further increase the treatment quality of end-of-life vehicles, it should not be possible to landfill waste fractions resulting from shredded end-of-life vehicles, which contain non-inert waste and which are not processed by post-shredder technology.

(66)End-of-life vehicles are classified as hazardous waste and cannot be exported to non-OECD countries. Depolluted end-of-life vehicles may still be treated outside the Union, provided that those depolluted end-of-life vehicles are shipped in compliance with Regulation (EU) 1013/2006.

(67)In case an end-of-life vehicle is shipped from the Union to a third country, the exporter should provide documentary evidence approved by the competent authority in the destination country, confirming that the treatment conditions are broadly equivalent to the requirements of this Regulation and to human health and environmental protection requirements laid down in other Union legislation, in line with Regulation (EU) [new Waste Shipment Regulation].

(68)In order to ensure that end-of-life vehicles are treated in an environmentally sustainable manner, it is important to establish clarity on a vehicle’s status throughout its entire life, particularly in situations when there is a need for distinguishing used vehicles from end-of-life vehicles. A vehicle owner that intends to transfer the ownership of a used vehicle, should in particular be required to demonstrate that the vehicle is not an end-of-life vehicle. To assess the status of a used vehicle, the vehicle owner, other economic operators and competent authorities should verify if certain criteria determining whether or not the vehicle concerned is an end-of-life vehicle are met. In order to take into account technical and scientific progress, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending Annex I determining the criteria on when a vehicle is end-of-life vehicle.

(69)The EU Action Plan: “Towards Zero Pollution for Air, Water and Soil” 59 stressed the need for the Commission to propose new measures to address the Union’s external environmental footprint linked to the export of end-of-life vehicles and used vehicles. Taking into account that the export of used vehicles raises important environmental and public health challenges as documented by the UN Environmental Programme 60 , and that the Union is the biggest exporter of used vehicles worldwide, it is necessary to lay out specific requirements at Union level governing the export of used vehicles [from the Union]. The requirements should be based on objective criteria according to which a used vehicle is not an end-of-life vehicle and is to be roadworthy pursuant to Directive 2014/45/EU of the European Parliament and of the Council 61 . This should ensure that only used vehicles which are suitable to be driven on the Union roads can be exported to a third country, thereby reducing risks that the export of used vehicles from the Union contributes to air pollution or road accidents in third countries. To allow customs authorities to verify that those requirements are met upon export, any person exporting a used vehicle should be required to provide those authorities with the vehicle identification number and a statement confirming that the used vehicle is not an end-of-life vehicle and that it is considered roadworthy.

(70)It is important to establish a mechanism where the compliance of used vehicles with the export requirements can be effectively verified without impeding the trade between the Union and third countries. An electronic system should therefore be established by the Commission, enabling authorities in the Member States to exchange information in real time on the vehicle identification number and the roadworthiness status of used vehicles to be exported. In view of its existing features and functionalities linked to the sharing, between vehicle registration authorities, of information relating to vehicles registered in the Union, the MOVE-HUB, a message exchange platform has been developed by the Commission for the exchange of messages to interconnect Member State national electronic registers. The platform currently hosts the interconnection of road transport undertaking registers (ERRU), the driving licence registers (RESPER), the interconnection of professional driver training registers (ProDriveNet), the notification of vehicle roadside inspection failures (RSI) and the interconnection of tachograph driver card registers (TACHOnet). Therefore, the functionalities of the MOVE-Hub should be further extended to enable the exchange of information on the vehicle identification number and the roadworthiness status of used vehicles to be exported. To allow customs to verify electronically and automatically whether a used vehicle to be exported complies with the export requirements, the electronic system operated by MOVE-HUB should be interconnected to the EU Single Window Environment for Customs, in accordance with Regulation (EU) 2022/2399 of the European Parliament and of the Council 62 . That Regulation provides for a comprehensive framework of automated controls, which apply to a specific Union non-customs formality. Therefore, this Regulation should set out the main elements which are to be controlled, while the technical aspects of the implementation of this control would be laid down under Regulation (EU) 2022/2399.

(71)In order to ensure uniform conditions for the implementation of export requirements, implementing powers should be conferred on the Commission to develop the necessary electronic systems and make them operational with national systems.

(72)Member States should collaborate with one another to ensure an effective implementation of the requirements governing the export of used vehicles and to provide mutual assistance. This assistance should include information exchange to verify the status of vehicles prior to their export, including confirming registration information in the Member State where they were previously registered. Furthermore, in pursuit of comprehensive cooperation, Member States should cooperate with authorities from third countries.

(73)It is important that customs authorities are able to carry out controls on used vehicles to be exported in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council 63 . A significant share of used vehicles leaving the Union are destined to countries where import requirements are established or might be established, such as requirements in relation to the age of the vehicle or to its emissions. It is important that customs authorities are able to verify electronically and automatically, via the EU Single Window Environment for Customs, whether a used vehicle to be exported complies with those requirements, when the information on these requirements is officially communicated to the Commission by the third countries concerned. In order to protect the environment and road safety in third countries, the power to adopt delegated acts in accordance Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of setting these requirements.

(74)To prevent the risk of vehicles being exported without the required documents indicating the vehicle identification number and roadworthiness of the vehicle and of non-compliance with export requirements being detected only when the vehicle has already left the Union, the application of the simplified customs procedures set out in Regulation (EU) No 952/2013 should not be allowed. Those procedures would prevent customs authorities from conducting real-time controls through the EU Single Window Environment for Customs, which would increase the risk of breaching the Union rules on the export of used vehicles.

(75)In its evaluation of Directive 2000/53/EC, the Commission considered the lack of requirements on mandatory inspections as a shortcoming of the Directive. Therefore, this Regulation should set out minimum requirements concerning the frequency of inspections, their scope and characteristics of facilities subject to such inspections. The competitiveness of the authorised treatment facilities in relation to the illegal operators would thus be safeguarded and a continued compliance with conditions of permits and requirements on the collection and treatment of end-of-life vehicles would be ensured.

(76)The inspections should cover compliance with the provisions on export of used vehicles and on treatment of end-of-life vehicles. Each year, the inspections should cover at least 10 % of authorised treatment facilities and operators. Sites of repair and maintenance operators should also be subjected to inspection. It needs to be underlined, that inspections carried out under this Regulation should be complementary to inspections on the shipment of end-of-life vehicles, which are comprehensively regulated in Regulation [OP: new Waste Shipment Regulation].

(77)Member States should establish cooperation mechanisms at national and international level so that inspections can take place in an efficient manner. Such mechanisms should allow for the exchange of vehicle registration data, necessary for tracking the vehicles and checking if they have been properly treated when they reach end-of-life stage.

(78)All necessary enforcement measures should be taken by the Member States to tackle illegal treatment of end-of-life vehicles, in order to prevent damages to the environment or human health due to such activities. Any establishment or undertaking treating end-of-life vehicles without a valid permit, or in breach of conditions or requirements set out in the permit, should therefore be subject to penalties. Also other measures, such as withdrawing the permit or suspending the operations of an operator should be considered by Member States to ensure effective compliance with this Regulation.

(79)Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that those rules are implemented. The penalties should be established in particular for violations of the provisions on export of used vehicles, on delivery of end-of-life vehicles to authorised treatment facilities or collection points and on trading used, remanufactured or refurbished parts and components. The penalties provided for should be effective, proportionate and dissuasive.

(80)Establishing reporting obligations is necessary to ensure proper implementation, monitoring and evaluation of Union legislation and to provide markets with up-to-date transparency information. Correct and valid data is indispensable for the Commission to assess whether the measures provided for in the Regulation function properly and to propose, where necessary, further adjustments aimed at ensuring environmentally sound treatment of end-of-life vehicles or at streamlining the implementation of the Regulation. With a view to limiting the burden linked to reporting, only data which are indispensable for the purpose of the implementation of this Regulation should be reported and reporting should be facilitated through digital tools. Based on these elements, it should be specified which data is to be reported by economic operators to the relevant authorities and by the Member States to the Commission. In order to ensure uniform conditions for the implementation of reporting requirements, implementing powers should be conferred on the Commission. The implementing acts, which should replace Commission Decision 2005/293/EC 64 , should also lay down a methodology for calculating and verifying whether the reuse, recycling and recovery targets have been attained.

(81)The competent authorities of the Member States play an important role in verifying compliance with the obligations established under this Regulation relating to the collection and management of end-of-life vehicles, including better tracking by those authorities of the vehicles’ whereabouts and combating illegal handling of end-of-life vehicles. Member States should thus require that waste management operators and other relevant economic operators provide the competent authorities with data allowing them to better monitor how the provisions on collection and management of end-of-life vehicles are being implemented.

(82)The implementing powers that are conferred on the Commission by this Regulation should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council 65 .

(83)When adopting delegated acts under this Regulation, it is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making 66 . To ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(84)Annex II to Regulation (EU) 2019/1020, which lists Union harmonisation legislation without provisions on penalties, should be amended to delete Directives 2000/53/EC and 2005/64/EC from that list as it is necessary that the current Regulation contains penalty provisions.

(85)It is necessary to ensure that the type-approval related provisions and requirements of this Regulation are verified during the EU type-approval process. Regulation (EU) 2018/858 should therefore be amended accordingly.

(86)Missing vehicles have been recognised as one of the major implementation challenges of Directive 2000/53/EC. The absence of an efficient system allowing for real time exchange of information between Member States on the registration status of vehicles hinders traceability and has been identified as a reason for the high number of “missing vehicles” in the Union. To address this, the Commission should propose a revision of Council Directive 1999/37/EC on the registration documents for vehicles 67 . This revision should require Member States to record electronically, for vehicles registered on their territory, data allowing to properly document the reasons for the cancellation of a registration of a vehicle, especially if a vehicle has been treated as end-of-life vehicles in an authorised treatment facility, re-registered in another Member State, exported to a third country outside the Union, or stolen. Moreover, to prevent the illegal dismantling or export of vehicles that have been temporarily de-registered, the vehicle owners should be obliged to promptly report any changes in their ownership to the national vehicle registration authority. These amendments complement and build on the existing requirements for Member States to electronically record data on all vehicles registered on their territory.

(87)In view of the need to ensure a high level of environmental protection and to take into account scientific progress, the Commission should submit to the European Parliament and to the Council a report on the application of this Regulation and its impact on the functioning of the single market and the environment. The Commission should include, in its report, an evaluation of the provisions on the design of new vehicles, including the targets for re-usability, recyclability and recoverability, the management of end-of-life vehicles, including the recycling targets, and on penalties as well as an assessment of the need and feasibility of further extending the scope of this Regulation to certain L-category vehicles, heavy-duty vehicles and their trailers. This assessment should focus not only on aspects concerning treatment of end-of-life vehicles, but also on the relevance and added-value of laying down design requirements.

(88)The report from the Commission should also include an assessment of the measures concerning provision of information on substances of concern present in vehicles and whether the traceability of such substances need to be improved. It should also assess whether there is a need to introduce measures addressing the substances that may affect the treatment of vehicles when they reach end-of-life stage, in order to align it more closely with Regulation (EU) [Ecodesign for Sustainable Products].

(89)It is necessary to provide for sufficient time for economic operators to comply with their obligations under this Regulation, and for Member States to set up the administrative infrastructure necessary for its application. The application of this Regulation should therefore be deferred.

(90)In order to allow Member States to take the necessary administrative measures regarding establishment of collection systems, while keeping continuity for economic operators and waste management operators, repeal of Directive 2000/53/EC should be deferred.

(91)This Regulation does not change the rules on restrictions on the use of lead, mercury cadmium and hexavalent chromium in vehicles established under Directive 2000/53/EC or exemptions from those restrictions. However, it lays down clearer rules on how compliance with these restrictions, as well as with other circularity requirements, are to be verified during the type-approval process. In order to ensure that manufacturers have sufficient time to comply with those rules, their application should be deferred. Therefore, provisions of Directive 2000/53/EC concerning restrictions on the use of lead, mercury cadmium and hexavalent chromium should remain in force until those rules become applicable, in order to ensure continuity and to assure that vehicles placed on Union’s market do not contain such substances, in cases other than provided for in that Directive.

(92)This Regulation also provides clearer provisions on extended producer responsibility than Directive 2000/53/EC. As establishment of such schemes and necessary national provisions on authorisation of producers and producer responsibility organisations requires some time, the application of those provisions should be deferred. The corresponding provisions of Directive 2000/53/EC should remain in force until those provisions become applicable in order to ensure continuity with regard to the producers financing of the costs of collecting end-of-life vehicles.

(93)Similarly, this Regulation contains new requirements on the treatment of end-of-life vehicles, in particular on the removal of parts and components for the purpose of promoting their reuse, remanufacturing or refurbishment as well as increasing the quality of recycling processes. Waste management operators require time to adjust to those new requirements and the application of them should therefore be deferred. The corresponding provisions of Directive 2000/53/EC should remain in force until those requirements become applicable in order to ensure continuity with regard to treatment of end-of-life vehicles.

(94)Obligations under Directive 2000/53/EC on reporting and the related obligations for the transmission of data to the Commission should remain in force for a period of time in order to ensure continuity until the new calculation rules and reporting formats are adopted by the Commission under this Regulation. 

(95)The application of all provisions concerning vehicle of categories L3e-L7e, M2, M3, N2, N3 and O should be deferred in order to provide sufficient time for operators to comply with the new requirements. This is particularly important with respect to permits for authorised treatment facilities that are capable of conducting depollution and further treatment of such vehicles.

(96)In the interest of clarity, rationality and simplification, since the rules on type-approval of motor vehicles with regard to their reusability, recyclability and recoverability are all contained in this Regulation, the repeal of Directive 2005/65/EC should be deferred. This time provides sufficient time for manufacturers to ensure that the vehicles types they design and construct comply with the circularity requirements and for approval authorities to implement the new rules.

(97)Since the objectives of this Regulation, namely to contribute to the functioning of the single market, to prevent and reduce the adverse impacts from management of end-of-life vehicles and to ensure a high level of protection of human health, and the environment, cannot be sufficiently achieved by the Member States but can rather, by reason of the need for harmonisation, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

HAVE ADOPTED THIS REGULATION:

CHAPTER I
GENERAL PROVISIONS

Article 1
Subject matter

This Regulation lays down circularity requirements on vehicle design and production related to reusability, recyclability and recoverability and the use of recycled content, which are to be verified at type-approval of vehicles, and on information and labelling requirements on parts, components and materials in vehicles. It also lays down requirements on extended producer responsibility, collection and treatment of end-of-life vehicles, as well as on the export of used vehicles from the Union to third countries.

Article 2
Scope

1.This Regulation shall apply: 

(a)to vehicles and end-of-life vehicles of categories M1 and N1 as set out in Article 4(1), point (a)(i) and (b)(i), of Regulation (EU) 2018/858;

(b)from [OP: Please insert the date = the first day of the month following 60 months after the date of entry into force of this Regulation] to vehicles and end-of-life vehicles of categories M2, M3, N2, N3 and O as set out in Article 4(1) of Regulation (EU) 2018/858;

(c)from [OP: Please insert the date = the first day of the month following 60 months after the date of entry into force of this Regulation] to vehicles and end-of-life vehicles and of categories L3e, L4e, L5e, L6e and L7e as set out in Article 4(2), points (c) to (g), of Regulation (EU) 168/2013.

2.This Regulation shall not apply to:

(a)special purpose vehicles as defined in Article 3, point (31), of Regulation (EU) 2018/858;

(b)other parts of a vehicle that have been type-approved in multi-stage type approval of category N1, N2, N3, M2 or M3 than the base vehicle;

(c)vehicles produced in small series, as defined in Article 3, point (30), of Regulation 2018/858;

(d)vehicles of historical interest as defined in Article 3, point (7), of Directive 2014/45/EU.

3.Notwithstanding paragraph 1, point (b), the following provisions shall not apply to vehicles and end-of-life vehicles of categories M2, M3, N2, N3 and O: 

(a)Article 4 on reusability, recyclability and recoverability of vehicles;

(b)Article 5 on requirements for substances in vehicles;

(c)Article 6 on minimum recycled content in vehicles;

(d)Article 7 on design to enable removal and replacement of certain parts and components in vehicles;

(e)Article 8 on general obligations;

(f)Article 9 on circularity strategy;

(g)Article 10 on declaration on recycled content present in vehicles;

(h)Article 12 on labelling of parts, components and materials present in vehicles;

(i)Article 13 on circularity vehicle passport;

(j)Article 21 on fee modulation;

(k)Article 22 on cost allocation mechanism for vehicles becoming end-of-life vehicles in another Member State;

(l)Article 28 on general requirements for shredding;

(m)Article 30 on mandatory removal of parts and components for reuse and recycling prior to shredding;

(n)Article 31 on requirements concerning the removed parts and components;

(o)Article 32 on trade of used, remanufactured or refurbished parts and components;

(p)Article 33 on reuse, remanufacturing and refurbishment of parts and components;

(q)Article 34 on reuse, recycling and recovery targets;

(r)Article 35 on ban on landfilling of non-inert waste;

(s)Article 36 on shipments of end-of-life vehicles.

4.Notwithstanding paragraph 1, point (c), the following provisions shall not apply to vehicles and end-of-life vehicles of categories L3e, L4e, L5e, L6e and L7e: 

(a)Articles listed in paragraph 3;

(b)Article 38 on controls and requirements on the export of used vehicles;

(c)Article 39 on automated verification of the Vehicle Identification Number and the information on vehicle status;

(d)Article 40 on risk management and customs controls;

(e)Article 41 on suspension;

(f)Article 42 on release for export;

(g)Article 43 on refusal to release for export;

(h)Article 44 on cooperation among authorities and exchange of information;

(i)Article 45 on electronic systems.

5.Notwithstanding paragraph 2, point (a), the following provisions shall apply to special purpose vehicles: 

(a)Article 5 on requirements for substances in vehicles;

(b)Article 16 on extended producer responsibility;

(c)Article 20 on financial responsibility of producers;

(d)Article 23 on collection of end-of-life vehicles;

(e)Article 24 on delivery of end-of-life vehicles to the authorised treatment facilities;

(f)Article 25 on certificate of destruction;

(g)Article 26 on obligations for the vehicle owner;

(h)Article 29 on depollution;

(i)Article 30 on mandatory removal of parts and components for reuse and recycling prior to shredding.

6.Notwithstanding paragraph 1, points (b) and (c), Articles 16, 19, 20, 27 and 46 to 49 shall apply to vehicles and end-of-life vehicles of categories L3, L4, L5, L6 L7, M2, M3, N2, N3 and O with the following modifications: 

(a)the extended producer responsibility, referred to in Article 16, shall include the obligation of producers of such vehicles to ensure that vehicles, that they have made available on the market for the first time within the territory of a Member State and that become end-of-life vehicles, are:

(i) collected, in accordance with Article 23;

(ii) depolluted, in accordance with Article 29;

(b)the authorisation, referred to in Article 19, shall be granted upon demonstration that the applicant meets the criteria laid down in Article 19(2) with respect to the collection and depollution of vehicles;

(c)the financial contributions to be paid by producers in accordance with Article 20(1), point (a), shall cover the costs of collection and depollution of vehicles of such categories, which are not covered by the revenues of waste management operators linked to the sales of used spare parts and used spare components, of depolluted end-of-life vehicles, or of secondary raw materials recycled from end-of-life vehicles;

(d)Article 27 shall apply except for paragraph 3, points (c) and (d);

(e)Articles 46 to 49 shall apply only with respect to enforcement of obligations applicable for such vehicle categories.

Article 3
Definitions

1.For the purposes of this Regulation, the following definitions shall apply:

(1)‘vehicle’ means any vehicle as defined in Article 3, point (15), of Regulation (EU) 2018/858 or listed in Article 4(2), points (c) to (g), of Regulation (EU) 168/2013;

(2)‘end-of-life vehicle’ means a vehicle which is waste as defined in Article 3, point (1), of Directive 2008/98/EC, or vehicles that are irreparable according to criteria Part A, points 1 and 2 of Annex I;

(3)‘vehicle type’ means any type of vehicle as defined in Article 3, point (32), of Regulation (EU) 2018/858 or vehicle type as defined in Article 3, point (73), of Regulation (EU) No 168/2013;

(4)‘reusability’ means the possibility for reuse of parts or components diverted from an end-of-life vehicle;

(5)‘reuse’ means any operation by which parts or components of end-of life vehicles are used for the same purpose for which they were conceived;

(6)‘recyclability’ means the possibility for recycling of parts, components or materials diverted from an end-of-life vehicle;

(7)‘recoverability’ means the possibility for recovery of parts, components or materials diverted from an end-of-life vehicle;

(8)‘supplier’ means any natural or legal person who supplies parts, components or materials to a manufacturer who uses them to manufacture vehicles;

(9)‘plastic’ means a polymer within the meaning of Article 3, point (5), of Regulation (EC) No 1907/2006, to which additives or other substances may have been added;

(10)‘critical raw materials’ means critical raw materials as defined in Article 2, point (2), of Regulation (EU) [Critical Raw Materials Act];

(11)‘post-consumer waste’ means waste that is generated from products after they have been placed on the market;

(12)‘removal’ means manual, mechanical, chemical, thermal or metallurgic handling with the result that the targeted parts, components or materials from end-of-life vehicles are individually identifiable as a separate output stream or part of an output stream;

(13)‘e-drive motor’ means an electric motor that converts electrical input power into mechanical output power to provide traction to a vehicle;

(14)‘electric vehicle battery’ means electric vehicle battery as defined in Article 3, point (14), of Regulation (EU) 2023/ [Batteries and waste batteries];

(15)‘authorised treatment facility’ means any establishment or undertaking that is permitted in accordance with Directive 2008/98/EC and this Regulation to carry out collection and treatment of end-of-life vehicles;

(16)‘treatment’ means any activity after the end-of-life vehicle has been handed over to a facility for depollution, dismantling, compacting, shearing, shredding, recovery or preparation for disposal of the shredder waste, and any other operation carried out for the recovery or disposal of the end-of-life vehicle and its parts, components and materials;

(17)‘shredding’ means any operation used for tearing into pieces or fragmenting end-of-life vehicles;

(18)‘repair and maintenance operator’ means any natural or legal person who, related to that person’s trade, business, craft or profession, provides repair or maintenance services, whether independently from or authorised by manufacturers;

(19)‘placing on the market’ means making available a vehicle for the first time in the Union;

(20)‘making available on the market’ means any supply of a vehicle for distribution or use on the market in the course of a commercial activity, whether in return for payment or free of charge;

(21)‘waste management operator’ means any natural or legal person dealing on a professional basis with the collection or treatment of end-of-life vehicles;

(22)‘producer’ means any manufacturer, importer or distributor who, irrespective of the selling technique used, including by means of distance contracts as defined in Article 2, point (7), of Directive 2011/83/EU, supplies a vehicle for the first time for distribution or use, within a territory of a Member States on a professional basis;

(23)‘producer responsibility organisation’ means a legal entity that financially or financially and operationally organises the fulfilment of extended producer responsibility obligations on behalf of several producers;

(24)‘appointed representative for the extended producer responsibility’ means a natural or legal person established in a Member State in which the producer makes vehicle available on the market for the first time, which is different from the Member State where the producer is established, and is appointed by the producer in accordance with Article 8a(5), third subparagraph, of Directive 2008/98/EC to fulfil the obligations of that producer under Chapter IV of this Regulation;

(25)‘secondary raw materials’ means materials that have been obtained through recycling processes and can substitute primary raw materials;

(26)‘vehicle owner’ means any natural or legal person holding the ownership right of a vehicle and, if not specified otherwise, any holder of the registration certificate;

(27)‘post-shredder technology’ means techniques and technologies used to process materials from end-of-life vehicles, after they have been shredded, for further recovery;

(28)‘remanufacturing’ means an operation in which a new part or component is manufactured from parts and components that are either removed from vehicles or end-of-life vehicles and in which at least one change is made to the part or component that affects its safety, performance, purpose or type;

(29)‘refurbishment’ means actions carried out to prepare, clean, test and, where necessary, repair a part or component that is removed from vehicles or end-of-life vehicles in order to restore the performance or functionality of that part or component within the intended use and range of performance originally conceived at the design stage applicable at the time of its placing on the market;

(30)‘packaging waste’ means packaging waste as defined in Article 3, point (2), of European Parliament and Council Directive 94/62/EC 68 [Article 3, point (20), of Regulation (EU) [Packaging and Packaging Waste Regulation]];

(31)‘waste electrical and electronic equipment’ means waste electrical and electronic equipment as defined in Article 3(1), point (e), of Directive 2012/19/EU of the European Parliament and of the Council 69 ;

(32)‘non-inert waste’ means waste that does not meet the conditions of definition of ‘inert waste’ laid down in Article 2, point (e), of Council Directive 1999/31/EC 70 ;

(33)‘used vehicle’ means a vehicle which has been registered in a Member State or any other country and is not an end-of-life vehicle;

(34)‘used vehicle to be exported’ means a used vehicle that is to be placed under the customs procedure laid down in Article 269 of Regulation (EU) No 952/2013;

(35)‘economic operators’ means producers, collectors, vehicle insurance companies, suppliers, repair and maintenance operators, waste management operators and any other operators involved in design of vehicles, trade in used vehicles, or management of end-of-life vehicles.

2.In addition to the definitions referred to in paragraph 1, the following definitions shall apply:

(a)‘waste’, ‘waste oils’, ‘waste holder’, ‘waste management’, ‘collection’, ‘prevention’, ‘recycling’, ‘recovery’, ‘backfilling’, ‘disposal’ and ‘extended producer responsibility scheme’ laid down in Article 3, points (1), (3), (6), (9), (10), (12), (15), (17), (17a), (19) and (21), of Directive 2008/98/EC;

(b)‘type-approval’,’multi-stage type approval’, ‘component’, ‘parts’, ‘spare parts’, ‘base vehicle’, ‘vehicle produced in small series’, ‘special purpose vehicle’, ‘market surveillance authority’, ‘approval authority’ ‘manufacturer’, ‘importer’ and ‘distributor’ laid down in Article 3, points (1), (8), (19), (21), (23), (24) (28), (30), (31), (35), (36), (40), (42) and (43), of Regulation (EU) 2018/858;

(c)‘registration’, ‘registration certificate’, ‘suspension’, ‘holder of registration certificate’ and ‘cancellation of registration’ laid down in Article 2, points (b), (c), (d), (e) and (f), of Directive 1999/37/EC;

(d)‘vehicle of historical interest’, ‘roadworthiness test’ and ‘roadworthiness certificate’ laid down in Article 3, points (7), (9) and (12), of Directive 2014/45/EU;

(e)‘substance of concern’ and ‘data carrier’ laid down in Article 2, points (28) and (30), of Regulation [Ecodesign for sustainable products].

CHAPTER II
CIRCULARITY REQUIREMENTS

Article 4
Reusability, recyclability and recoverability of vehicles

1.Each vehicle belonging to a vehicle type that is type-approved as of [OP: Please insert the date = the first day of the month following 72 months after the date of entry into force of this Regulation] under Regulation (EU) 2018/858 shall be constructed so that it is:

(a)reusable or recyclable to a minimum of 85 % by mass;

(b)reusable or recoverable to a minimum of 95 % by mass.

2.For each vehicle type referred to in paragraph 1, manufacturers shall take the following measures:

(a)collect the necessary data through the full chain of supply, in particular the nature and the mass of all materials used in the construction of the vehicles, to ensure continued compliance with the requirements;

(b)keep all the other appropriate vehicle data required by the calculation process referred to in point (e);

(c)verify the correctness and completeness of the information received from suppliers;

(d)the breakdown of the materials shall be managed and documented;

(e)calculate the reusability, recyclability and recoverability rates for the purposes of paragraph 1 in accordance with the methodology established by the Commission under paragraph 3 or, before such methodology has been adopted, in accordance with ISO standard 22628:2002 in combination with the elements set out in Part A of Annex II;

(f)mark the parts and components of the vehicles made of polymers and elastomers in accordance with Article 12(1);

(g)ensure that parts and components listed in Part E of Annex VII are not reused in the construction of new vehicles.

3.The Commission shall, by [OP: please enter the date = the last day of the month following 35 months after the date of entry into force of this Regulation], adopt an implementing act establishing a new methodology for calculation and verification of the rates of reusability, recyclability and recoverability of a vehicle, taking into account the elements set out in Annex II.

That implementing act shall be adopted in accordance with the examination procedure referred to in Article 51(2).

Article 5
Requirements for substances in vehicles

1.The presence of substances of concern in vehicles and in their parts and components shall be minimised as far as possible.

2.In addition to the restrictions set out in Annex XVII to Regulation (EC) No 1907/2006 and, as applicable, to the restrictions set out in Annexes I and II to Regulation (EU) 2019/1021 and in Regulation (EU) 2023/[OP: Batteries], any vehicle type that is type-approved as of [OP: Please insert the date = the first day of the month following 72 months after the date of entry into force of this Regulation], under Regulation (EU) 2018/858 shall not contain lead, mercury, cadmium or hexavalent chromium.

3.By way of derogation from paragraph 2, vehicle types may contain lead, mercury, cadmium or hexavalent chromium under the conditions and up to the maximum concentration values laid down in Annex III.

4.The Commission is empowered to adopt delegated acts in accordance with Article 50 to amend Annex III in order to adapt it to scientific and technical progress by:

(a)establishing maximum concentration values up to which the presence of lead, mercury, cadmium or hexavalent chromium in specific parts, components and homogenous materials of vehicles is to be tolerated;

(b)exempting certain parts, components and homogenous materials of vehicles from the prohibition on the presence of lead, mercury, cadmium or hexavalent chromium set out in paragraph 2 where the following conditions are fulfilled:

(i) the use of those substances is unavoidable;

(ii) it is demonstrated that socio-economic benefits outweigh the risk to human health or the environment arising from the use of those substances;

(iii) there are no suitable alternative substances or technologies.

(c)deleting parts, components and homogenous materials of vehicles from Annex III, if the use of lead, mercury, cadmium or hexavalent chromium is avoidable;

(d)designating those parts, components and homogenous materials of vehicles that shall be removed before further treatment and require them to be labelled or made identifiable by other appropriate means.

The Commission is empowered to adopt delegated acts in accordance with Article 50 to amend Annex III, in particular by removing certain exemptions for homogenous materials and components from the list, in case the specific exemption is addressed under other Union legislation.

5.Upon request from the Commission, and within 12 months from the request, the European Chemicals Agency (the ‘Agency’) shall prepare a report on the technical and economic feasibility of alternatives pertaining to existing exemptions listed in Annex III and, based on such assessment, a motivated proposal for the specific amendment of the exemption.

6.As soon as it receives the request from the Commission, the Agency shall publish on its website a notice that a report on a possible amendment of an exemption in Annex III will be prepared and invite all interested parties to submit comments within eight weeks from the date of publication of the notice. The Agency shall publish on its website all comments received from the interested parties.

7.At the latest nine months following the submission of the report referred to in paragraph 4 to the Commission, the Committee for Socio-economic Analysis of the Agency, set up pursuant to Article 76(1), point (d), of Regulation (EC) No 1907/2006, shall adopt an opinion on the report and on the specific amendments proposed. The Agency shall submit that opinion to the Commission without delay.

8.The Commission shall adopt the delegated acts referred to in paragraph 4 and shall take into account the socio-economic impact of introducing, modifying or deleting an exemption to the restriction in the use of lead, mercury, cadmium or hexavalent chromium in vehicle types, including the availability of alternatives and the impacts on human health and the environment across the full lifecycle of vehicles.

Article 6
Minimum recycled content in vehicles

1.The plastic contained in each vehicle type that is type-approved as of [OP: Please insert the date = the first day of the month following 72 months after the date of entry into force of the Regulation] under Regulation (EU) 2018/858 shall contain a minimum of 25 % of plastic recycled by weight from post-consumer plastic waste.

At least 25 % of the target set out in the first subparagraph shall be achieved by including plastics recycled from end-of-life vehicles in the vehicle type concerned.

2.By [OP: Please insert the date = the last day of the month following 23 months after the date of entry into force of this Regulation], the Commission shall adopt an implementing act in accordance with Article 51(2) to supplement this Regulation by establishing the methodology for the calculation and verification, for the purposes of paragraph 1 of this Article, of the share of plastics recovered from post-consumer waste, and from end-of-life vehicles respectively, present in and incorporated into the vehicle type.

3.The Commission is empowered to adopt delegated acts, in accordance with Article 50, to supplement this Regulation by establishing a minimum share of steel recycled from post-consumer steel waste to be present and incorporated into vehicle types to be type-approved in accordance with this Regulation and Regulation (EU) 2018/858.

The minimum share of recycled steel referred to in the first subparagraph shall be based on a feasibility study, carried out by the Commission. The study shall be finalised by [OP: Please insert the date = the last day of the month following 23 months after the date of entry into force of this Regulation], looking in particular at the following aspects:

(a)the current and forecasted availability of steel recycled from post-consumer sources of steel waste;

(b)the current share of post-consumer waste in various steel semi-products and intermediates used in vehicles;

(c)the potential uptake of post-consumer recycled steel by manufacturers in vehicles to be type-approved in the future;

(d)the relative demand of the automotive sector in comparison to the demand for post-consumer steel waste of other sectors;

(e)economic viability, technical and scientific progress, including changes in the availability of recycling technologies concerning steel recycling rates;

(f)the contribution of a minimum share of recycled content of steel in vehicles to the Union’s open strategic autonomy, climate and environmental objectives;

(g)the need to prevent disproportionate negative impacts on the affordability of vehicles; and

(h)the influence on the overall costs and competitiveness of the automotive sector.

The Commission may adopt an implementing act establishing the methodology for the calculation and verification of the share of steel recycled from post-consumer steel waste present in and incorporated into vehicle types.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 51(2).

4.By [OP: Please insert the date = the last day of the month following 35 months after the date of entry into force of this Regulation], the Commission shall assess the feasibility of establishing a requirement on the minimum share of: 

(a)aluminium and its alloys, magnesium and its alloys, recycled from post-consumer waste and incorporated into vehicle types; and 

(b)neodymium, dysprosium, praseodymium, terbium, samarium or boron recycled from post-consumer waste and incorporated into permanent magnets in e-drive motors.

After finalisation of the assessment referred in the first subparagraph, the Commission is empowered to adopt delegated acts, in accordance with Article 50, to supplement this Regulation by establishing a minimum share of aluminium and its alloys, magnesium and its alloys, neodymium, dysprosium, praseodymium, terbium, samarium or boron recycled from post-consumer waste that shall be present in and incorporated into the vehicles types to be type-approved under this Regulation and Regulation (EU) 2018/858.

The minimum share of recycled content of the materials referred to in the second subparagraph shall be based on the feasibility study referred to in the first subparagraph, taking into account all of the following:

(a)the current and forecasted availability of the materials listed in the second subparagraph recycled from post-consumer waste;

(b)the current shares of recycled content from post-consumer waste in the materials listed in the second subparagraph in vehicles placed on the market;

(c)economic viability, technical and scientific progress, including changes in the availability of recycling technologies concerning the type of materials recycled, and their recycling rates;

(d)the contribution of a minimum share in vehicles of recycled content of the materials listed in the second subparagraph to the Union’s strategic autonomy and its climate and environmental objectives;

(e)possible impacts on the functioning of vehicles from incorporating recycled content of the materials listed in the second subparagraph into vehicle parts and components;

(f)the need to prevent disproportionate negative impacts on the affordability of vehicles containing the materials listed in the second subparagraph;

(g)the influence on the overall costs and competitiveness of the automotive sector.

The Commission may adopt an implementing act establishing the methodology for the calculation and verification of the share of the materials recycled from post-consumer waste in vehicle types.

That implementing act shall be adopted in accordance with the examination procedure referred to in Article 51(2).

Article 7
Design to enable removal and replacement of certain parts and components in vehicles

1.Each vehicle belonging to a vehicle type that is type-approved as of [OP: Please insert the date = the first day of the month following 72 months after the date of entry into force of this Regulation] shall be designed in a way which does not hinder the removal by authorised treatment facilities of the parts and components listed in Part C of Annex VII from the concerned vehicle during the waste phase of the vehicle.

2.Each vehicle belonging to a vehicle type that is type-approved as of [OP: Please insert the date = the first day of the month following 72 months after the date of entry into force of this Regulation] under Regulation (EU) 2018/858 shall be designed, as regards joining, fastening and sealing elements, so as to enable, in a readily and non-destructive manner, the removal and replacement of electric vehicle batteries and e-drive motors from the vehicle by authorised treatment facilities or repair and maintenance operators during the use phase and waste phase of the vehicle.

3.The Commission is empowered to adopt delegated acts in accordance with Article 50 to amend paragraph 2 by revising the list of parts and components that are to be designed for removal and replacement from vehicles, in order to include in that paragraph additional parts and components listed in Part C of Annex VII, taking into account technical and scientific progress.

4.The Commission may adopt implementing acts laying down the conditions for the design for removal and replacement of parts and components referred to in paragraph 2 where necessary to ensure harmonised implementation of the obligation set out in paragraph 2.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 51(2).

CHAPTER III
OBLIGATIONS OF MANUFACTURERS

Article 8
General obligations

1.Manufacturers shall demonstrate that new vehicles that they have manufactured and that are placed on the market, are type-approved in accordance with the requirements of Regulation (EU) 2018/858 and of this Regulation.

2.For the purposes of type-approval of vehicles to which the requirements in Articles 4, 5, 6 or 7, the manufacturer shall provide the documentation showing compliance with those requirements and shall:

(a)include it in the information folder referred to in Article 24 of Regulation (EU) 2018/858; and

(b)submit it to the type-approval authority in accordance with Article 23 of Regulation (EU) 2018/858.

3.For the purposes of type-approval of vehicles to which the requirement in Article 9 applies, the manufacturer shall submit the circularity strategy to the type-approval authority together with the application for type-approval referred to in Article 23 of Regulation (EU) 2018/858.

4.For the purposes of type-approval of vehicles to which the requirements set out in Article 10 apply, the manufacturer shall draw up the information referred to in Article 10(1) and submit it, in accordance with Article 24(1), point (a), of Regulation (EU) 2018/858, to the type-approval authority together with the application for type-approval referred to in Article 23 of that Regulation.

5.For the purposes of type-approval of vehicles to which the requirements set out in Article 11 apply, the manufacturer shall submit the declaration confirming compliance with the requirement set out in Article 11(1), in accordance with 24(1), point (a), of Regulation (EU) 2018/858, to the type-approval authority together with the application for type-approval referred to in Article 23 of that Regulation.

Article 9
Circularity strategy

1.For each vehicle type that is type-approved under Regulation (EU) 2018/858 as of [OP: Please insert the date = the first day of the month following 36 months after the date of entry into force of this Regulation], the manufacturer shall draw up a circularity strategy.

2.The circularity strategy shall describe which actions the manufacturers will take to follow-up on their obligations to ensure that the circularity requirements in Chapter II, which are verified in the type-approval procedures and which are applicable to the vehicle type concerned, are met.

3.The circularity strategy shall contain the elements laid down in Part A of Annex IV.

4.The manufacturer shall provide a copy of the circularity strategy to the Commission within 30 days after the type-approval for the concerned vehicle type has been granted.

5.The manufacturer shall monitor and follow up on the actions contained in the circularity strategy and update the strategy every five years in accordance with Part B of Annex IV. The updated circularity strategy shall be provided to the type-approval authority that issued the type-approval for the vehicle type and to the Commisssion.

6.The Commission shall make the circularity strategies and any updates to those strategies publicly available, except for confidential information.

7.The Commission is empowered to adopt delegated acts in accordance with Article 50 to amend Part B of Annex IV by adapting the requirements on the content of the circularity strategy and the updates to that strategy to technical and scientific progress in vehicle manufacturing and management of end-of-life vehicles, to market developments in the automotive sector and to regulatory changes.

8.By [OP: Please insert the date = the last day of the month following 83 months after the date of entry into force of this Regulation] and every six years thereafter, the Commission shall draw up and publish a report on the circularity of the automotive sector. The report shall be based in particular on circularity strategies and updates to such strategies.

Article 10
Declaration on recycled content present in vehicles

1.Manufacturers shall declare, for each vehicle type that is type-approved as of [OP: Please insert the date = the first day of the month following 36 months after the entry into force of the Regulation] under Regulation (EU) 2018/858, the respective share of recycled content of:

(a)neodymium, dysprosium, praseodymium, terbium, samarium, boron in permanent magnets in e-drive motors;

(b)aluminium and its alloys;

(c)magnesium and its alloys;

(d)steel.

The declaration shall concern the recycled content of these materials present in the vehicle type and indicate, per material share, whether the material is recycled from pre-consumer waste or from post-consumer waste.

2.The type-approval authorities shall verify that the required documentation has been submitted by the manufacturers and that it contains the information referred to in paragraph 1.

3.By way of derogation from paragraph 1, the requirement to declare the share of recycled content of a certain material shall not apply where a target has been established for that material under Article 6(3) or (4).

Article 11
Information on removal and replacement of parts, components and materials present in vehicles

1.From [OP: Please insert the date = the first day of the month following 36 months after the date of entry into force of this Regulation], manufacturers shall provide waste management operators and repair and maintenance operators unrestricted, standardised and non-discriminatory access to the information listed in Annex V, enabling access to, and safe removal and replacement of, the following:

(a)electric vehicle batteries incorporated in the vehicle;

(b)e-drive motors incorporated in the vehicle;

(c)parts, components and materials which contain the fluids and liquids listed in Part B of Annex VII and which are contained in vehicles;

(d)parts and components listed in Part C of Annex VII contained in vehicles;

(e)parts and components, containing the critical raw materials as referred to in Article 27(1), point (b), of Regulation (EU) [CRM Act] at the time of the type-approval of the vehicle;

(f)digitally coded components and parts in a vehicle, where such coding prevents their repair, maintenance or replacement in another vehicle.

2.Manufacturers shall ensure cooperation with the authorised treatment operators and repair and maintenance operators by establishing necessary communication platforms to provide and keep up-to-date the information referred to in paragraph 1 and the information specified in Annex V.

The manufacturers shall provide the information referred to in the first subparagraph free of charge. The manufacturers may collect charges from waste management operators and repair and maintenance operators to the amount necessary to cover the administrative costs for making the required information accessible through communication platforms.

3.The Commission is empowered to adopt delegated acts in accordance with Article 50 to amend Annex V by revising the list of parts, components and materials of vehicles and scope of information to be provided by the manufacturers.

Article 12
Labelling of parts, components and materials present in vehicles

1.Manufacturers and their suppliers shall use the nomenclature of the component and material coding standards listed in points 1 to 3 of Annex VI for the labelling and identification of parts, components and materials of vehicles.

2.Manufacturers shall ensure that e-drive motors containing permanent magnets bear a conspicuous, clearly legible and indelible label indicating the information listed in point 4 of Annex VI.

3.The Commission is empowered to adopt delegated acts in accordance with Article 50 to amend Annex VI in order to adapt it to technical and scientific progress.

Article 13
Circularity Vehicle Passport

1.From [OP: please insert a date = the first day of the month following 84 months after entry into force of the Regulation] each vehicle placed on the market shall have a circularity vehicle passport, which shall be aligned with and, where possible, integrated in other vehicle related environmental passports established under Union law.  

2.The circularity vehicle passport shall contain the information referred to in Article 11 of this Regulation in digital format and shall be accessible free of charge.

3.The manufacturer placing the vehicle on the market shall ensure that the information in the circular vehicle passport is accurate, complete and up to date.

4.All information included in the circularity vehicle passport shall comply with the rules established by the Commission under paragraph 6 and shall be:

(a)based on open standards;

(b)developed with an interoperable format; 

(c)transferable through an open interoperable data exchange network without vendor lock-in;

(d)machine-readable, structured, and searchable.

5.The circularity vehicle passport of a vehicle that has become an end-of-life vehicle shall cease to exist at the earliest 6 months after the certificate of destruction for that end-of-life vehicle was issued. 

6.The Commission shall adopt implementing acts laying down rules on the following: 

(a)the manner and technical specification of the solution to be used for accessing the circularity vehicle passport;

(b)the technical design and operation requirements for the circularity vehicle passport, including rules on:

(i)the interoperability of the circularity vehicle passport with other passports required by Union legislation;

(ii)the storage and processing of information included in the circularity vehicle passport;

(iii)the availability of the circularity vehicle passport after the manufacturer responsible for the fulfilment of the obligations set out in paragraph 3 ceases to exist or ceases its activity in the Union;

(c)the introduction, modification and updating of information included in the circularity vehicle passport by third parties other than the manufacturer; 

(d)the location of the data carrier or other identifier enabling access to the circularity vehicle passport of the vehicle.

When laying down the rules referred to in the first subparagraph, the Commission shall take into account the need to ensure a high level of security and privacy.

The implementing acts referred to in the first subparagraph of this Article shall be adopted in accordance with the examination procedure referred to in Article 51(2). 

CHAPTER IV
MANAGEMENT OF END-OF-LIFE OF VEHICLES

SECTION 1
General provisions

Article 14
Competent authority

1.Member States shall designate one or more competent authorities responsible for the obligations under this Chapter, in particular for monitoring and verifying compliance of producers and producer responsibility organisations with their obligations as set out in Articles 15 to 36. 

2.Each Member State may designate one contact point, among the competent authorities referred to in the paragraph 1, for the purpose of communicating with the Commission.

3.Member States shall lay down the details of the competent authorities’ organisation and operation, including the administrative and procedural rules for:

(a)the registration of producers in accordance with Article 17;

(b)the authorisation of producers and producer responsibility organisations in accordance with Article 19;

(c)the oversight of the implementation of extended producer responsibility obligations in accordance with Articles 16 and 20;

(d)the collection of data on vehicles and end-of-life vehicles in accordance with Articles 17(12) and 49(6);

(e)making information available in accordance with Article 49.

4.By [OP: Please insert the date = the last day of the month following 3 months after the date of entry into force of this Regulation], Member States shall notify the Commission of the names and addresses of the competent authorities designated pursuant to paragraph 1. Member States shall inform the Commission without undue delay of any changes to the names or addresses of those competent authorities.

Article 15
Authorised treatment facilities

1.Without prejudice to Directive 2010/75/EU, any establishment or undertaking that intends to carry out treatment operations on end-of-life vehicles shall obtain a permit from the competent authority in accordance with Article 23 of Directive 2008/98/EC and shall comply with the conditions laid down in that permit.

2.In order to issue a permit referred to in paragraph 1, the competent authority shall verify whether the establishment or undertaking has the technical, financial and organisational capacity that is necessary to comply with the obligations set out in Article 27.

3.Permits referred to in paragraph 1 shall indicate that the treatment facilities have the competence to issue a certificate of destruction, as referred to in Article 25.

4.The competent authority shall ensure that the conditions of, and the procedures for the granting of, the permit are fully coordinated where more than one competent authority or more than one establishment or undertaking intending to carry out treatment operations on end-of-life vehicles is involved in those permit procedures.

SECTION 2
Extended Producer Responsibility

Article 16
Extended producer responsibility

From [OP: Please insert the date = the first day of the month following 36 months after the date of entry into force of this Regulation] producers shall have extended producer responsibility for vehicles that they make available on the market for the first time within the territory of a Member State. The scheme established by producers to exercise that responsibility shall be consistent with Articles 8 and 8a of Directive 2008/98/EC and comply with the requirements of this Chapter.

The extended producer responsibility shall include the obligation for producers to ensure that:

(a)vehicles which they have made available on the market for the first time within the territory of a Member State and which become end-of-life vehicles

(i) collected in accordance with Article 23;

(ii) treated in accordance with Article 27;

(b)the waste management operators treating end-of-life vehicles referred to in point (a) meet the targets laid down in Article 34.

Article 17
Register of producers

1.By [OP: Please insert the date = the last day of the month following 35 months after the date of entry into force of this Regulation] Member States shall establish a register of producers which shall serve to monitor compliance of producers with the requirements of this Chapter.

The register shall provide links to other national registers of producers’ websites to facilitate, in all Member States, registration of producers or appointed representatives for the extended producer responsibility.

2.Producers shall register in the register referred to in paragraph 1. They shall to that end submit an application for registration in each Member State where they make a vehicle available on the market for the first time.

Producers shall submit the application for registration via an electronic data-processing system as referred to in paragraph 8, point (a).

Producers shall only make available vehicles on the market of a Member State, if they or, in case of authorisation, their appointed representatives for the extended producer responsibility, are registered in such Member State.

3.The application for registration shall include the information listed in  Annex VIII. Member States may request additional information or documents, as necessary, to use the register of producers in an efficient manner.

4.By way of derogation from paragraph 3, the information referred to in point 1 (d) of Annex VIII shall be provided either in the application for registration under paragraph 3 or in the application for authorisation under Article 19.

5.Where a producer has appointed a producer responsibility organisation in accordance with Article 18, the obligations under this Article shall be met by that organisation mutatis mutandis unless otherwise specified by the Member State in which the vehicle has been made available on the market for the first time.

6.The obligations under this Article may be fulfilled on a producer’s behalf by an appointed representative for the extended producer responsibility.

7.Member States may decide that the registration procedure pursuant to this Article and the authorisation procedure pursuant to Article 19 constitute a single procedure, provided that the application for authorisation meets the requirements set out in paragraphs 3 to 6 of this Article.

8.The competent authority shall:

(a)make available on its website information about the application process via an electronic data-processing system;

(b)grant registrations and provide a registration number within a maximum period of 12 weeks from the moment that all the information required under paragraphs 2 and 3 is provided.

9.The competent authority may:

(a)lay down modalities with regard to the requirements and process of registration without adding substantive requirements to those laid down in paragraphs 2 and 3;

(b)charge cost-based and proportionate fees to producers for the processing of the applications referred to in paragraph 2.

10.The competent authority may refuse to register a producer or withdraw the producer’s registration where the information referred to in paragraph 3 and related documentary evidence are not provided or are not sufficient, or where the producer no longer meets the requirements laid down in Annex VIII, point 1 (d).

The competent authority shall withdraw the producer’s registration if the producer has ceased to exist.

11.The producer, or, where applicable, the producer’s appointed representative for the extended producer responsibility or the producer responsibility organisation appointed on behalf of the producers it represents shall without undue delay notify the competent authority of any changes to the information contained in the registration and of any permanent cessation as regards the making available on the market within the territory of the Member State of the vehicles referred to in the registration.

12.The producer or, where applicable, the producer’s appointed representative for the extended producer responsibility or the producer responsibility organisation shall report to the competent authority responsible for the register on the performance of extended producer responsibility obligations.

Article 18
Producer Responsibility Organisation

1.Producers may choose to fulfil their extended producer responsibility obligations either individually or may entrust a producer responsibility organisation authorised in accordance with Article 19 to fulfill the extended producer responsibility obligations on their behalf.

2.Producer responsibility organisations shall ensure the confidentiality of the data in their possession as regards proprietary information or information directly attributable to individual producers or their appointed representatives for the extended producer responsibility.

3.In addition to the information referred to in Article 8a(3), point (e), of Directive 2008/98/EC, producer responsibility organisations shall publish on their websites at least each year, subject to commercial and industrial confidentiality, the information on the collection of end-of-life vehicles and achievement of targets on reuse and recycling, reuse and recovery and plastic recycling by the producers which entrusted the producer responsibility organisation.

4.Producer responsibility organisations shall ensure a fair representation of producers and waste management operators in their governing bodies.

Article 19
Authorisation on fulfilment of extended producer responsibility

1.A producer, in the case of individual fulfilment of extended producer responsibility obligations, and producer responsibility organisations appointed in the case of collective fulfilment of extended producer responsibility obligations, shall apply for an authorisation from the competent authority.

2.The authorisation shall be granted only where it is demonstrated that the requirements laid down in Article 8a(3), points (a) to (d), of Directive 2008/98/EC are complied with and the measures put in place by the producer or producer responsibility organisation are sufficient to meet the obligations set out in this Chapter with regard to the number of vehicles made available on the market for the first time within the territory of a Member State by the producer or producers on whose behalf the producer responsibility organisation acts.

3.Member States shall, in their measures laying down administrative and procedural rules referred to in Article 14(3), point (b), include the details of the authorisation procedure, which may differ according to whether it relates to individual or collective fulfilment of the extended producer responsibility obligations, and the modalities for verifying compliance of producers or producer responsibility organisations, including the information to be provided by producers or producers responsibility organisations to that end.

4.The producer or the producer responsibility organisations shall notify the competent authority without undue delay of any changes to the information contained in the authorisation, of any changes that concern the terms of the authorisation or of the permanent cessation of operations.

5.The self-control mechanism provided for in 8a(3), point (d), of Directive 2008/98/EC shall be carried out regularly, and at least every 3 years, and upon the request by the competent authority, in order to verify that the provisions in that point are complied with and the conditions for authorisation referred to in paragraph 2 continue to be met. The producer or the producer responsibility organisation shall, upon request, present a self-control report and, where necessary, the draft corrective action plan to the competent authority. Without prejudice to the competencies under paragraph 6, the competent authority may make observations on the self-control report and on the draft corrective action plan, and shall communicate any such observations to the producer or the producer responsibility organisation. The producer or producer responsibility organisation shall draw up and implement the corrective action plan based on those observations.

6.The competent authority may decide to revoke the authorisation if the producer or producer responsibility organisation no longer fulfils the requirements with regard to the organisation of the collection and treatment of end-of-life, fails in relation to reporting to the competent authority, fails to notify the competent authority of any changes that concern the terms of the authorisation, or has ceased operations.

Article 20
Financial responsibility of producers

1.The financial contributions paid by the producer shall cover the following costs related to the vehicles that the producer makes available on the market:

(a)the costs of the collection of end-of-life vehicles that is necessary to meet the requirements in Articles 23 to 26 and the costs of the treatment of end-of-life vehicles that is necessary to meet the requirements in Articles 27 to 30, 34 and 35, provided that they are not covered by the revenues of waste management operators linked to the sales of used spare parts and used spare components, of depolluted end-of-life vehicles, or of secondary raw materials recycled from end-of-life vehicles;

(b)the costs of conducting awareness raising campaigns aimed to improve collection of end-of-life vehicles;

(c)the costs of establishing notification system referred to in Article 25;

(d)the costs of data gathering and reporting to the competent authorities.

2.The competent authority shall, in close cooperation with producers, producer responsibility organisations and waste management operators, monitor:

(a)the average costs of collection, recycling and treatment operations and the revenues of waste management operators;

(b)the level of financial contributions to be paid by the producers to the producer responsibility organisations appointed in the case of collective fulfilment of extended producer responsibility obligations so that the costs are fairly allocated between all interested operators.

3.The financial contributions paid by the producers making available on the market special purpose vehicles shall cover only these costs referred to in point (a) of paragraph 1 that concern collection and depollution of such vehicles.

4.In the case of individual fulfilment of extended producer responsibility obligations, the producers shall provide a guarantee for vehicles that they make available on the market for the first time in the territory of a Member State. That guarantee shall ensure that the operations referred to in paragraph 1 relating to those vehicles will be financed.

The amount of the guarantee shall be determined by the Member States in which the vehicle has been made available on the market for the first time taking into account criteria laid down in Article 21.

The guarantee may take the form of participation by the producer in appropriate schemes for the financing of the management of end-of-life vehicles, a recycling insurance or a blocked bank account.

Article 21
Fee modulation

1.In the case of a collective fulfilment of extended producer responsibility obligations, producer responsibility organisations shall ensure that the financial contributions paid to them by producers are modulated by taking into account the following:

(a)the weight of the vehicle;

(b)the type of drivetrain;

(c)the rate of recyclability and reusability of the vehicle type to which the vehicle belongs, based on the information submitted to the type-approval authority in accordance with Article 4; 

(d)the time needed to dismantle the vehicle at an authorised treatment facility, especially for parts and components which need to be removed prior to shredding under Article 30;

(e)the share of materials and substances preventing a high-quality recycling process, such as adhesives, composite plastics, or carbon-reinforced materials; 

(f)the percentage of recycled content of materials listed in Articles 6 and 10 used in the vehicle;

(g)the presence and amount of substances referred to in Article 5(2). 

2.The Commission is empowered to adopt delegated acts in accordance with Article 50 supplementing this Regulation by establishing detailed rules on how the criteria provided for in paragraph 1 are to be applied.

Article 22
Cost allocation mechanism for vehicles becoming end-of-life vehicles in another Member State

1.Where a vehicle becomes an end-of-life vehicle in another Member State than the Member State within whose territory the vehicle was made available on the market for the first time, the producer of that vehicle or, where appointed in accordance with Article 18, the producer responsibility organisation shall ensure that the net costs of waste management operations referred to in Article 20 incurred by waste management operators in other Member States are covered. 

2.A producer or, where appointed in accordance with Article 18, a producer responsibility organisation shall:

(a)designate by a written mandate an appointed representative for the extended producer responsibility in each Member State;

(b)establish cross-border cooperation mechanisms with the waste management operators carrying out waste management operations referred to in Article 20.

3.The Member State where the vehicle became an end-of-life vehicle shall monitor producers’ or, where appointed in accordance with Article 18, producer responsibility organisations’ compliance with paragraphs 1 and 2. The monitoring shall be based on the information reported and verified by producers’ or, where appointed in accordance with Article 18, producer responsibility organisations’, to the competent authorities on the implementation of paragraphs 1 and 2, in particular on the calculation and allocation of costs for the management of end-of-life vehicles referred to in paragraph 1, with due regard for business confidentiality and other concerns regarding competitiveness.

4.Where necessary to ensure compliance with this Article and avoid distortion of the single market, the Commission is empowered to adopt delegated acts in accordance with Article 50 this Regulation by laying down detailed rules on the obligations of the producers, Member States and waste management operators and the features of the mechanisms referred to in paragraph 1.

SECTION 3
Collection of end-of-life vehicles

Article 23
Collection of end-of-life vehicles

1.The producers or, where appointed in accordance with Article 18, producer responsibility organisations shall set up, or participate in the setting up of, collection systems, including collection points, for all end-of-life vehicles belonging to vehicle categories that they have made available for the first time on the market in the territory of a Member State.

Member States shall adopt the necessary measures to ensure that producers or, where appointed in accordance with Article 18, producer responsibility organisations set up collection systems for all end-of-life vehicles.

2.The producers or, where appointed in accordance with Article 18, producer responsibility organisations shall ensure that collection systems referred to in paragraph 1:

(a)cover the whole territory of the Member State;

(b)ensure adequate availability of authorised treatment facilities, taking into account population size and density, expected volume of end-of-life vehicles, not being limited to areas where the collection and subsequent management is most profitable;

(c)ensure collection of waste parts from repairs of vehicles;

(d)enable collection of end-of-life vehicles of every brand, irrespective of their origin;

(e)enable the delivery of all end-of-life vehicles free of charge to authorised treatment facilities as provided in Article 24(2).

3.Producers or, where appointed in accordance with Article 18, producer responsibility organisations shall carry out educational campaigns promoting the collection system for end-of-life vehicles and informing about environmental consequences of improper collection and handling of end-of-life vehicles.

4.Member States may authorise waste management operators other than authorised treatment facilities to set up collection points for end-of-life vehicles.

The waste management operator operating the collection point shall:

(a)ensure that the collection point meets the conditions for storage of end-of-life vehicles, laid down in Part A of Annex VII;

(b)be authorised by the competent authorities referred to in Article 14 to collect end-of-life vehicles and be registered in the respective register;

(c)guarantee that all collected end-of-life vehicles are transferred to an authorised treatment facility within one year from receipt of the end-of-life vehicle; and

(d)meet all other applicable conditions for storage of waste laid down in national law.

5.The waste management operators, including authorised treatment facilities, shall issue a document in electronic format, confirming receipt of an end-of-life vehicle, to the vehicle owner, and provide it through an electronic notification procedure established in accordance with Article 25(2) to the relevant authorities of the Member State, including the competent authorities designated under Article 14. 

Article 24
Delivery of end-of-life vehicles to authorised treatment facilities

1.All end-of-life vehicles shall be delivered for treatment to authorised treatment facilities.

2.Delivery of an end-of-life vehicle to an authorised treatment facility shall be free of charge for the last owner of a vehicle unless the end-of-life vehicle lacks any of the essential vehicle parts or components, except the electric vehicle battery, or contains waste which has been added to the end-of-life vehicle.

Article 25
Certificate of destruction

1.Authorised treatment facilities shall issue a certificate of destruction for every treated end-of-life vehicle to the last owner of the end-of-life vehicle. The certificate of destruction shall contain the information listed in Annex IX.

2.The certificate of destruction shall be issued in an electronic format and provided through an electronic notification procedure to the relevant authorities of the Member State, including the competent authorities designated under Article 14. 

3.In case the end-of-life vehicle, for which a certificate of destruction has been issued in a Member State, is registered in another Member State, the vehicle registration authorities of the Member State where the certificate of destruction was issued shall inform the relevant vehicle registration authorities of the Member State where the vehicle is registered that a certificate of destruction has been issued for the vehicle in question.

4.The relevant authorities of a Member State shall cancel the registration of an end-of-life vehicle only after receiving the certificate of destruction for that vehicle.  

5.Certificates of destruction issued in a Member State shall be recognised in all other Member States. 

Article 26
Obligations for the vehicle owner 

The owner of a vehicle that becomes an end-of-life vehicle shall:

(a)deliver the end-of-life vehicle to an authorised treatment facility or, in cases referred to in Article 23(4), to a collection point, without undue delay after receiving information that the vehicle meets any of the criteria for irreparability laid down in Part A, points 1 and 2, of Annex I;

(b)present a certificate of destruction to the relevant registration authority. 

SECTION 4
Treatment of end-of-life vehicles

Article 27
Obligations for authorised treatment facilities

1.Authorised treatment facilities shall ensure that all end-of-life vehicles and their parts, components and materials, as well as waste parts from repairs of vehicles, are accepted and treated in compliance with the conditions set out in their permits, as well as in accordance with this Regulation.

2.Authorised treatment facilities shall ensure that all treatment for end-of-life vehicles comply, as a minimum, with Articles 28, 29, 30, 31, 34 and 35 and Annex VII of this Regulation, and shall apply best available techniques as defined in Article 3(10) of Directive 2010/75/EU.

3.Authorised treatment facilities shall:

(a)store, even temporarily, all end-of-life vehicles and their parts, components and materials in compliance with the minimum requirements set out in Part A of Annex VII;

(b)depollute all end-of-life vehicles, in compliance with Article 29 and the minimum requirements set out in Part B of Annex VII;

(c)remove the parts and components listed in Part C of Annex VII from the end-of-life vehicle, prior to shredding shredding or compacting by means of manual dismantling or (semi-) automated disassembly in a non-destructive way for components with a reuse, remanufacturing or refurbishment potential;

(d)treat all end-of-life vehicles and their parts, components and materials in accordance with the waste hierarchy and the general requirements laid down in Article 4 of Directive 2008/98/EC, and with Articles 32, 34, 35 and 36 of this Regulation.

In addition to the requirements set out in Article 35 of Directive 2008/98/EC, the authorised treatment facilities shall electronically store the record of the performed treatment operations of end-of-life vehicles for 3 years, and be able to present this information, upon request by relevant national authorities.

4.The Commission is empowered to adopt delegated acts in accordance with Article 50 to amend Annex VII by adapting the minimum treatment requirements for end-of-life vehicles to scientific and technical progress. 

5.Member States shall encourage authorised treatment facilities to introduce certified environmental management systems in accordance with Regulation (EC) No 1221/2009.

Article 28
General requirements for shredding

1.From [OP: Please insert the date = the first day of the month following 36 months after the date of entry into force of this Regulation] authorised treatment facilities and other waste management operators shall request that end-of-life vehicles delivered to them for shredding are accompanied by the following:

(a)documentation which includes the Vehicle Identification Number (VIN) for the end-of-life vehicle concerned;

(b)a copy of the certificate of destruction that has been issued for the end-of-life vehicle concerned.

2.Authorised treatment facilities and waste management operators receiving end-of-life vehicles not compliant with the requirements set out in paragraph 1 shall:

(a)report the non-compliance to the competent authority;

(b)refrain from using those end-of-life vehicles in their shredding operations unless the competent authority authorises such operations.

3.Waste management operators conducting shredding of end-of-life vehicles shall not mix end-of-life vehicles, their parts, components and materials with packaging waste and waste electrical and electronic equipment.

Article 29
Depollution of end-of-life vehicles

1.As soon as possible after delivery of an end-of-life vehicle to the authorised treatment facility, that facility shall depollute those vehicles before they are further treated, in compliance with the minimum requirements set out in Part B of Annex VII.

2.The fluids and liquids listed in Part B of Annex VII shall be separately collected and stored, in line with the requirements set out in Part A of Annex VII. Waste oils shall be collected and stored separately from the other fluids and liquids and be treated in accordance with Article 21 of Directive 2008/98/EC.

3.The parts, components and materials containing substances referred to in Article 5(2) shall be removed from the end-of-life vehicles, and handled in accordance with Article 17 of Directive 2008/98/EC.

4.The batteries shall be separately removed from end-of-life vehicles and stored in a designated area for further treatment in accordance with Article 70(3) of Regulation (EU) 2023/ [OP: Batteries Regulation].

5.The parts, components and materials, that have been depolluted, shall be handled and labelled in accordance with Articles 18 and 19 of Directive 2008/98/EC.

6.The authorised treatment facility shall document the depollution of end-of-life vehicles, by recording the information listed in Part B, point 3, of Annex VII.

Article 30
   Mandatory removal of parts and components for reuse and recycling prior to shredding

1.From [OP: Please insert the date = the first day of the month following 36 months after the date of entry into force of this Regulation] authorised treatment facilities shall ensure that the parts and components listed in Part C of Annex VII, are removed from an end-of-life vehicle prior to shredding, after the depollution operations referred to in Article 29, have been completed.

2.Paragraph 1 shall not apply if an authorised treatment facility demonstrates, that post-shredder technologies separates materials from parts and components listed in Part C, entries 13 to19, of Annex VII, as efficiently as manual dismantling processes or semi-automated disassembly processes.

For the purposes of the first subparagraph, the authorised treatment facility shall provide the information listed in Part G of Annex VII.

3.In addition to the obligations set out in Article 35 of Directive 2008/98/EC, the authorised treatment facilities shall maintain records of the end-of-life vehicles that are processed without the prior removal of parts, components and materials in accordance with paragraph 2, including the name and address of the treatment facilities, and the Vehicle Identification Number (VIN) of the end-of-life vehicles concerned.

The authorised treatment facilities shall provide the information in the records referred to in the first subparagraph to the competent authority in accordance with Article 49(6).

Article 31
Requirements concerning the removed parts and components

1.All parts and components that have been removed from an end-of-life vehicle pursuant to Article 30(1), shall be assessed to determine whether they are fit for:

(a)reuse, in accordance with Part D, point 1(a), of Annex VII;

(b)remanufacturing or refurbishment, in accordance with Part D, point 1(b), of Annex VII;

(c)recycling; or

(d)other treatment operations, taking into account the specific treatment requirements in Part F of Annex VII

The parts and components that are fit for reuse, remanufacturing or refurbishment shall not be considered waste.

The assessment shall be carried out taking into account in particular technical feasibility of conducting the processes referred to in the first subparagraph and vehicle safety requirements.

Documentation confirming the conducted assessment shall be, upon request, made available to the relevant national authorities, including when the parts and components are transported for the purpose of reuse, remanufacturing or refurbishment.

2.The removed parts and components fit for reuse, remanufacturing or refurbishment shall be:

(e)labelled in compliance with Part D, point 2, of Annex VII;

(f)accompanied by a warranty, if the parts and components are transferred to or used by another person.

3.The parts and components listed in Part E of Annex VII shall not be reused.

Article 32
Trade of used, remanufactured or refurbished parts and components

From [OP: Please insert the date = the first day of the month following 36 months after the date of entry into force of this Regulation] any person trading used, remanufactured or refurbished spare parts and components shall, at the point of sale:

(a)ensure that parts and components are labelled in compliance with Part D, point 2, of Annex VII;

(b)provide a warranty for the used, remanufactured or refurbished parts and components.

Article 33
Reuse, remanufacturing and refurbishment of parts and components

1.From [OP: Please insert the date = the first day of the month following 36 months after the date of entry into force of this Regulation] Member States shall take necessary incentives to promote the reuse, remanufacturing and refurbishment of parts and components, whether removed during the use or end-of-life phase of a vehicle.

The incentives referred to in the first subparagraph 1 may include:

(a)a requirement for maintenance and repair operators to offer customers to repair a vehicle with used, remanufactured or refurbished spare parts and components alongside offer to repair the vehicle with new parts and components, provided that such a requirement is formulated not to create excessive costs or administrative burdens for micro- and small enterprises;

(b)the use of economic incentives, including the establishment of a reduced rate of value added tax for used, remanufactured or refurbished spare parts and components.

The Commission shall facilitate the exchange of information and sharing of best practices among Member States on such incentives.

2.The Commission shall monitor the effectiveness of the incentives given by Member States.

Article 34
Reuse, recycling and recovery targets

1.From [OP: Please insert the date = the first day of the calendar year following 36 months after the date of entry into force of the Regulation], Member States shall ensure that the following targets are met by the waste management operators:

(a)the reuse and recovery, as calculated together, shall be a minimum of 95 %, by average weight per vehicle, excluding batteries, and year;

(b)the reuse and recycling, as calculated together, shall be a minimum of 85 %, by average weight per vehicle, excluding batteries, and year.

2.From [OP: please insert a date = the first day of the calendar year following 60 months after the date of entry into force of the Regulation] Member States shall ensure that waste management operators achieve a yearly target for the recycling of plastics of at least 30 % of the total weight of plastics contained in the vehicles delivered to the waste management operators.

Article 35
Ban on landfilling of non-inert waste

From [OP: Please insert the date = the first day of the month following 36 months after the date of entry into force of this Regulation] fractions from shredded end-of-life vehicles, containing non-inert waste, that are not processed by the post-shredder technology, shall not be accepted in a landfill.

Article 36
Shipments of end-of-life vehicles

1.Treatment of end-of-life vehicles may be undertaken outside the Union, provided that the shipment of end-of-life vehicles is in compliance with Regulation (EC) No 1013/2006.

2.Shipments of end-of-life vehicles from the Union to a third country in accordance with paragraph 1 shall only count towards the fulfilment of obligations and targets set out in Article 34 if the exporter of the end-of-life vehicles provides documentary evidence approved by the competent authority of destination demonstrating that the treatment took place in conditions that are broadly equivalent to the requirements laid down in this Regulation and to human health and environmental protection requirements laid down in other Union legislation.

CHAPTER V
USED VEHICLES AND THEIR EXPORT

SECTION 1
Status of used vehicles

Article 37
Distinction between used vehicles and end-of-life vehicles

For the purpose of transferring ownership of a used vehicle, the vehicle owner shall be able to demonstrate to any natural or legal person interested in acquiring ownership of the concerned vehicle or to the competent authorities that the vehicle is not an end-of-life vehicle. When assessing the status of a used vehicle, the vehicle owner, other economic operators and competent authorities shall verify if the criteria laid down in Annex I are met in order to determine whether it is not an end-of-life vehicle.

SECTION 2
Export of used vehicles

Article 38
Controls and requirements on the export of used vehicles

1.From [OP: Please insert the date = the first day of the month following 36 months after the date of entry into force of this Regulation] used vehicles to be exported shall be subject to the controls and requirements laid down in this Section.

2.This Section is without prejudice to any other provisions of this Regulation as well as to other Union legal acts governing the release for export of goods, in particular Regulation (EU) No 952/2013 and its Articles 46, 47, 267 and 269.

3.Used vehicles may be exported only if they are:

(a)not end-of-life vehicles based on the criteria listed in Annex I;

(b)considered roadworthy in the Member State where the vehicles were last registered, in accordance with Article 5(1), points (a) and (b), and Article 8 of Directive 2014/45/EU.

4.The following information shall be provided or made available to customs authorities for each used vehicle to be exported:

(a)the Vehicle Identification Number (VIN) of the used vehicle and the identification of the Member State where the vehicle was last registered;

(b)a statement confirming that the used vehicle fulfills the requirements set out in paragraph.

5.In order to verify the compliance with this Section on allowing a used vehicle to be released for export:

(a)until the interconnection referred to in Article 45(4) is operational, customs authorities shall exchange information and cooperate with competent authorities in accordance with Article 44, and, where necessary, shall take into account such exchange of information and cooperation in order to allow a used vehicle to be released for export; 

(b)once the interconnection referred to in Article 45(4) is operational, Articles 39, 40(2) and (3) and 42(3) shall apply, and notifications and other exchanges under Articles 41 to 43 shall take place by means of those electronic systems. 

6.A used vehicle to be exported shall not:

(a)be placed under a customs procedure based on a simplified declaration pursuant to Article 166 of Regulation (EU) No 952/2013;

(b)be subject to an entry in the declarant’s records pursuant to Article 182 of Regulation (EU) No 952/2013;

(c)be subject to self-assessment pursuant to Article 185 of Regulation (EU) No 952/2013.

7.The Commission is empowered to adopt delegated acts, in accordance with Article 50 of this Regulation, to amend the criteria listed in Annex I determining whether a used vehicle is an end-of-life vehicle. 

Article 39
Automated verification of the information on vehicle status

1.Before releasing used vehicles for export, customs shall verify electronically and automatically via the electronic systems referred to in Article 45, that based on the Vehicle Identification Number and the information on the Member State of last registration, the vehicle is considered roadworthy in accordance with Article 38(3), point (b).

2.Where the information provided or made available to customs does not correspond to the information in the national vehicle registers and national electronic systems on roadworthiness pursuant to paragraph 1, customs authorities shall not release that vehicle for export and shall inform the economic operator concerned thereof through these systems.  

Article 40
Risk management and customs controls

1.For the purpose of enforcing the provisions laid down in Article 38, customs authorities shall carry out controls on used vehicles to be exported in accordance with Articles 46 and 47 of Regulation (EU) No 952/2013. Without prejudice to Article 39, such controls shall primarily be based on risk analysis, as established in Article 46(2) of Regulation (EU) No 952/2013.

2.In addition to the risk management referred to in paragraph 1, once the interconnection referred to in Article 45 is operational, customs shall use these electronic systems referred to in Article 45(1) to determine whether a used vehicle to be exported complies with specific conditions linked to the protection of the environment or road safety in accordance with paragraph 3 of this Article.

3.The Commission is empowered to adopt delegated acts in accordance with Article 50 to supplement this Regulation by setting out the compliance conditions referred to in paragraph 2, including specific conditions applied to the import of used vehicles by the third country of import linked to the protection of the environment and road safety, when such conditions have been notified by that third country to the Commission. Those conditions shall be verifiable against the information available in the electronic systems referred to in Article 45(1).

Article 41
Suspension

1.Where there are reasonable grounds to believe that a used vehicle to be exported may not comply with the requirements of this Section, the customs authorities shall suspend the release for export of that used vehicle. They shall also immediately notify the competent authorities of the suspension and transmit all relevant information needed to determine whether the used vehicle complies with the requirements of this Regulation and may be released for export.  

2.For the purpose of determining whether a used vehicle, subject to suspension as referred to in paragraph 1, complies with this Regulation, the competent authorities may request, from any person involved in the export of that used vehicle, additional information, including information on the sale or transfer of vehicle ownership, such as a copy of the invoice or contract, and documentary evidence that that used vehicle is destined for further use.  

Article 42
Release for export

1.Where the release for export of a used vehicle has been suspended in accordance with Article 41, that used vehicle shall be released for export where all the other requirements and formalities relating to such release have been fulfilled and where any of the following conditions is satisfied: 

(a)the competent authorities have not requested, within four working days from the beginning of the suspension, the customs authorities to maintain the suspension, or 

(b)the competent authorities have informed the customs authorities of their approval for release for export pursuant to this Section.

2.The release for export shall not be deemed proof of compliance with Union law and, in particular, with this Regulation or Regulation (EU) No 952/2013. 

3.After each release for export of a used vehicle, customs authorities shall notify that release for export to the competent authority of the Member State where the vehicle in question was registered at the time of export. 

Article 43
Refusal to release for export

1.Where the competent authority concludes that a used vehicle for which the suspension has been notified in accordance with Article 41 does not comply with this Section, they shall immediately require the customs authorities not to release it for export and notify them thereof. 

2.Upon the notification from the competent authority pursuant to paragraph 1, the customs authorities shall not release the used vehicle for export.  

Article 44
Cooperation among authorities and exchange of information

1.Member States shall mutually assist one another in the implementation of this Section through exchange of information at bilateral level, in particular for the purpose of verifying the status of a vehicle, including the verification of its registration status in the Member State in which it was previously registered.

2.Where appropriate, competent authorities of Member States shall also cooperate with administrative authorities from third countries. Such cooperation may include sharing of relevant information, conducting joint inspections, and other forms of mutual assistance as deemed necessary to ensure compliance with applicable laws and regulations governing the export of used vehicles.

3.Customs authorities and competent authorities of Member States shall cooperate in accordance with Article 47(2) of Regulation (EU) No 952/2013 and exchange information necessary for the fulfilment of their functions under this Regulation, including via electronic means. The customs authorities may communicate, in accordance with Article 12(1) and Article 16(1) of Regulation (EU) No 952/2013, confidential information acquired by the customs authorities in the course of performing their duties, or provided to the customs authorities on a confidential basis, to the competent authority of the Member State where the operator or trader is established.

4.Where the competent authorities have received information in accordance with paragraphs 1 to 3 of this Article, those competent authorities may communicate that information to competent authorities from other Member States.

5.Risk-related information shall be exchanged as follows:

(a)between customs authorities in accordance with Article 46(5) of Regulation (EU) No 952/2013;

(b)between customs authorities and the Commission in accordance with Article 47(2) of Regulation (EU) No 952/2013;

(c)between customs authorities and competent authorities, including competent authorities from other Member States, in accordance with Article 47(2) of Regulation (EU) No 952/2013.

Article 45
Electronic systems

1.The MOVE-HUB electronic system developed by the Commission shall be used for exchanging Vehicle Identification Number and information on the vehicle registration and roadworthiness status between national vehicle registers and electronic systems on roadworthiness of the Member States, as well as, to interconnect to the EU Single Window Environment for Customs, where necessary for controls and requirements laid down in this Section.

2.The MOVE-HUB electronic system, referred to in paragraph 1 shall provide at least the following functionalities:  

(a)exchange the data in real-time with the national vehicle registers, national electronic systems on roadworthiness of the Member States interconnected with it; 

(b)enable an automated electronic check of data provided in a roadworthiness certificate as referred to in Annex II of Directive 2014/45/EU of the date of first registration of a vehicle, as well as of the Member State where a vehicle was last registered, as referred to in Directive 1999/37/EC, to determine whether a used vehicle to be exported complies with the requirements set out in Article 38, Article 39(1) and Article 40; 

(c)interconnect to the EU Single Window Environment for Customs, in accordance with Regulation (EU) 2022/2399 for the purpose of exchanging data and support the process of exchange of information referred to in Articles 39(1) and Article 40(2), as well as support the notifications referred to in Articles 41 to 43;

(d)for the purpose of cooperation with third countries under Article 44(2), allow electronic exchange of information with the competent authorities of third countries which have notified to the Commission pursuant to Article 40(2) the specific conditions for the import of used vehicles that they apply.

3.Member States shall interconnect their national vehicle registers and national electronic systems on roadworthiness with the MOVE-HUB electronic system referred to in paragraph 1. That interconnection shall be operational within 2 years after the adoption of the implementing act referred to in paragraph 5.

4.The Commission shall interconnect the MOVE-HUB system referred to in paragraph 1 to the EU Customs Single Window Certificate Exchange System established in Article 4 of Regulation (EU) 2022/2399, so that the automated controls referred to in Article 39 and Article 40(2) and the notifications referred to in Articles 41, 42 and 43 can be performed. That interconnection shall be operational within 4 years after the adoption of the implementing act referred to in paragraph 5. 

5.The Commission shall adopt the implementing acts laying down the necessary arrangements for the implementation of the functionalities of the MOVE-HUB referred to in paragraph 2, including the technical aspects necessary for the interconnection of national electronic systems to the MOVE-HUB, the conditions of connection to MOVE-HUB, the data to be transmitted by the national systems and the format for the transmission of that data through the interconnected national systems. 

The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 51(2).  

CHAPTER VI
ENFORCEMENT

Article 46
Inspections

1.Member States shall, for the purpose of enforcing this Regulation, inspect:

(a)authorised treatment facilities;

(b)repair and maintenance operators;

(c)other facilities and economic operators, which may treat end-of-life vehicles.

2.The inspections shall cover at least 10 % of the operators listed in paragraph 1, points (a) and (c), in each calendar year.

3.Member States shall also carry out inspections concerning export of used vehicles in order to verify compliance with Article 38.

Article 47
Enforcement cooperation at national level and between Member States

1.Member States shall establish, as regards all relevant competent authorities involved in the enforcement of this Regulation, effective mechanisms to enable those authorities to cooperate and coordinate domestically concerning the development and implementation of enforcement policies and activities related to monitoring vehicles registration, de-registration, suspension and cancellation of the registration as well as prevention of illegal treatment of end-of-life vehicles.

2.Member States shall cooperate, bilaterally and multilaterally, with one another in order to facilitate the prevention and detection of illegal treatment of end-of-life vehicles. They shall exchange relevant information on vehicles registration, de-registration and suspension and cancellation of the registration, through the electronic exchange system referred to in Article 45. They shall also exchange relevant information on authorised treatment facilities and repair and maintenance operators not permitted as authorised treatment facilities, and other facilities and economic operators, who may perform operations concerning treatment of end-of-life vehicles. They shall share experience and knowledge on enforcement measures within established structures.

The exchange of vehicle registration data shall include access to and exchange of data on performance, and the nature and results of the checks carried out, with other Member States’ competent authorities to facilitate the enforcement of this Regulation.

3.Member States shall notify to the Commission which members of their permanent staff that are responsible for the cooperation referred to in paragraph 2 of this Article and Article 44.

Article 48
Penalties

By [OP: Please insert the date = the first day of the month following 36 months after the date of entry into force of this Regulation] Member States shall lay down the rules on penalties applicable to infringements of Article 15(1), Article 16, Article 19(1), Article 22(1) and (2), Articles 23 and 24, Article 25(1) and (2), Articles 26 to 32, and Articles 34, 35, 37 and 38 of this Regulation, and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.

Article 49
Reporting to the Commission

1.From [OP: Please insert the date = the first day of the month following 36 months after the date of entry into force of this Regulation] Member States shall make publicly available in an aggregated form for each calendar year and in the format established by the Commission pursuant to paragraph 5, the following data, which shall be based on information and data received from producers, producer responsibility organisations and waste management operators:

(a)the number of vehicles registered in the Member State;

(b)the number of vehicles made available on the market for the first time in the territory of the Member State;

(c)the number and weight of end-of-life vehicles collected and depolluted in the Member State;

(d)the number and weight of end-of-life vehicles recycled in the territory of the Member State;

(e)the number and weight of end-of-life vehicles exported or shipped for further treatment to another Member State or a third country;

(f)the number of certificates of destruction issued;

(g)the total amount and weight of parts, components and materials removed from end-of-life vehicles for purpose of;

(i)reuse;

(ii)remanufacturing or refurbishment;

(iii)recycling;

(iv)recovery, including energy recovery;

(v)disposal;

(h)the amount and weight of end-of-life vehicles treated in a different manner than indicated in point (d);

(i)the amount and weight of end-of-life-vehicles used for backfilling;

(j)the rates of the targets laid down in Article 34 attained by all waste management operators that are active in the Member State; 

(k)use of the exemption provided for in Article 30(2), and how it was monitored by the reporting Member State;

(l) data on the producer responsibility organisations, including the names of the legal persons they represent;

(m)data on the implementation of Article 21.

Member States shall make the data referred to in paragraph 1 publicly available within 18 months of the end of the reporting period for which it is collected. The data shall be machine readable, sortable and searchable, and shall respect open standards for third party use. Member States shall notify the Commission when the data referred to in the first subparagraph is made available.

The first reporting period shall be the first calendar year after the adoption of the implementing act referred to in paragraph 5.

2.The data made available by Member States in accordance with paragraph 1 shall be accompanied by a quality check report. That information shall be presented in the format established by the Commission pursuant to paragraph 5.

3.Member States shall every 5 years draw up a report summarising:

(n)incentives introduced to promote the reuse, remanufacturing and refurbishment of parts and components in accordance with Article 33;

(a)the application of penalties and other sanctions envisaged in their national law for infringements of this Regulation adopted in accordance with Article 48, including a list of type of infringements notified and types of measures taken;

(b)results of inspections carried out in accordance with Article 46;

(c)the manner of application of definitions of ‘end-of-life vehicle’ and ‘used vehicle’, including practical difficulties encountered in that context.

Member States shall submit the report to the Commission within 6 months from the end of the five year period which it covers. The first report shall be provided to the Commission by [OP: please insert a date = the first day of the month following 6 years after the date of entry into force of this Regulation].

The Commission shall review the reports submitted by the Member States and, if appropriate, draw up reports on the received information in order to facilitate the exchange of information on best practices applied in the Member States.