Legal provisions of COM(2023)451 - Circularity requirements for vehicle design and on management of end-of-life vehicles - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)451 - Circularity requirements for vehicle design and on management of end-of-life vehicles. |
|---|---|
| document | COM(2023)451 |
| date | July 13, 2023 |
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/EC34 [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 Council35;
(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/EC36;
(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.
4. For the purpose of monitoring the implementation of this Regulation, the Commission shall collect and review the information made available in accordance with this Article.
5. The Commission shall adopt implementing acts laying down:
(a) the methodology and rules for the calculation, verification and reporting of data in accordance with paragraph 1, including:
(i) the methodology for determining the amount and weight of parts, components and materials removed for purposes referred to in paragraph 1, points (g), (h) and (i);
(ii) the methodology for determining the weight of recycled waste, including determination of calculation points and measurement points, and, if necessary, possibilities of applying average loss rates;
(iii) the methodology for calculation and verification of the attainment of the reuse, recycling and recovery targets referred to in Article 34.
(b) the format for the reporting to the Commission referred to in paragraph 1, as well as the format for the quality check report.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 51(2).
6. Producers, producer responsibility organisations, waste management operators and other relevant economic operators provide competent authorities with accurate and reliable data allowing Member States to fulfil their reporting obligations under this Article.
CHAPTER VII
DELEGATED POWERS AND COMMITTEE PROCEDURE
Article 50
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Articles 5(4), 6(3), 6(4), 7(3), 9(7), 11(3), 12(3), 21(2), 22(4), 27(4), 38(7) and 40(3) shall be conferred on the Commission for a period of 5 years from [OP: Please insert the date = the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than three months before the end of each period.
3. The delegation of power referred to in Articles 5(4), 6(3), 6(4), 7(3), 9(7), 11(3), 12(3), 21(2), 22(4), 27(4), 38(7) and 40(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Articles 5(4), 6(3), 6(4), 7(3), 9(7), 11(3), 12(3), 21(2), 22(4), 27(4), 38(7) and 40(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 51
Committee procedure
1. The Commission shall be assisted by the committee established by Article 39 of Directive 2008/98/EC. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
CHAPTER VIII
AMENDMENTS
Article 53
Amendments to Regulation (EU) 2019/1020
In Regulation (EU) 2019/1020, Annex II, points 10 and 11 are deleted.
Article 54
Amendments to Regulation (EU) 2018/858
Annex II to Regulation (EU) 2018/858 is amended in accordance with Annex X to this Regulation.
CHAPTER IX
FINAL PROVISIONS
Article 55
Review
1. By 31 December 203* [OP: Please insert the date = the last day of the year following 95 months after the date of entry into force of this Regulation], the Commission shall review and draw up a report on the application of this Regulation and its impact on the environment, human health and the functioning of the single market and submit it to the European Parliament and to the Council.
2. Taking account of technical progress and practical experience gained in Member States as well as any revision of Regulation (EC) No 1907/2006, the Commission shall, in its report, include an evaluation on the following aspects of this Regulation:
(a) the need to extend the scope of this Regulation, in particular provisions of Chapters II and III, as well as Chapter IV Section II, to vehicles of categories L3e, L4e, L5e, L6e and L7e as defined in Article 4(2), points (c) to (g), of the Regulation (EU) 168/2013 and vehicles of categories M2, M3, N2, N3 and O as defined in Article 4(1) of Regulation (EU) 2018/858;
(b) the measures concerning provision of information on substances of concern present in vehicles and the need of introducing further provisions addressing substances of concern that may affect high-quality recycling of vehicles at their end-of-life;
(c) the measures regarding management of end-of-life vehicles laid down in Chapter IV, including the levels of targets laid down in Article 34 and the need of their revision;
(d) infringements and the effectiveness, proportionality and dissuasiveness of penalties as set out in Article 48;
(e) the need to amend Article 5 of this Regulation.
Article 56
Repeal and transitional provisions
1. Directive 2000/53/EC is repealed with effect from [OP: Please insert the date = the first day of the month following 12 months after the date of entry into force of this Regulation].
However, the following provisions of Directive 2000/53/EC shall continue to apply:
(a) Article 4(2) until [OP: Please insert the date the last day of the month following 71 months after the date of entry into force of this Regulation];
(b) Article 5(4), second subparagraph, Article 6(3), second sub-paragraph, Article 7(1), Article 8(3) and (4), until [OP: Please insert the date = the last day of the month following 35 months after the date of entry into force of this Regulation];
(c) Article 7(2) point (b), until 31 December 20** [OP: Please insert the year = the last day of the year following 35 months after the date of entry into force of this Regulation];
(d) Article 9, paragraphs (1a) sub-paragraphs 1 and 3, (1b) and (1d) until [OP: Please insert the date = the last day of the month following 35 months after the date of entry into force of this Regulation];
(e) Article 9(1a), sub-paragraph two, until [OP: Please insert the date = the last day of the month following 59 months after the date of entry into force of the Regulation].
2. Directive 2005/64/EC is repealed with effect from [OP: Please insert the date = the last day of the month following 71 months after the date of entry into force of this Regulation].
However, its Article 6(3) is repealed with effect from [OP: Please insert the date = the last day of the month following 35 months after the date of entry into force of this Regulation].
3. References to the repealed Directives shall be construed as references to this Regulation and shall be read in accordance with the correlation tables in Annex XI.
Article 57
Entry into force and application
1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
2. It shall apply from [OP: Please insert the date = the first day of the month following 12 months after the date of entry into force of this Regulation].
However, Article 54 shall apply from [OP: Please insert the date = the first day of the month following 72 months after the date of entry into force of this Regulation].
This Regulation shall be binding in its entirety and directly applicable in the Member States.