FAQ

These FAQs are designed to address the issues related to the ELV Directive, and are not intended to provide a comprehensive view of the Regulation.

If you require further information on the Directive please consult:

Q1. What are the main requirements of the ELV Directive?

Specifically, the ELV directive's main requirements are for member states to ensure that: Producers limit the use of hazardous substances and increase the quantity of recycled material used in the manufacture of their vehicles; and that producers design vehicles for easy recycling As of 2007, producers pay all or a significant part of the costs of free take-back of no or negative value vehicles to a treatment facility; Producers meet certain recovery and recycling targets by 1 January 2006 and 1 January 2015; and Treatment facilities have permits if they want to deal with ELVs and should operate to higher environmental standards.

Q2. What is the current situation?

The DTI issued a final consultation on UK implementation of Articles 5 & 7 of the ELV Directive on 4 February 2004. The closing date was 30 March 2004. Vehicle manufacturers are due to provide Producer Plans detailing contracting arrangements for recycling their ELVs by 1 July 2005 in order for sufficient capacity to be in place to deal with all ELVs by 1 January 2006.

Q3. Why has there been a delay in transposing the End-of-Life Vehicles Directive into UK legislation?

It is important that we implement the Directive properly rather than rush through legislation that turns out to be ill judged; and this is a complex Directive with many implications for different businesses, organisations and motorists. Most other Member States also failed to transpose on time which underlines the complexity of this Directive.

Q4. Who is to pay for the costs of implementing the Directive?

The Government will require vehicle manufacturers and importers to meet the costs of take-back and treatment of vehicles sold after 1 July 2002, in accordance with the terms of the Directive, as soon as regulations to that effect can be introduced.

Producers are also to pay for "all or a significant part" of the costs of free take-back and treatment of all ELVs from 1 January 2007. The Directive gives flexibility to Member States in deciding how to fund take-back and treatment between 2002 and 2007. The Government announced on 21 June 2003 that, until 2007, the "last owner" of the vehicle would continue to have responsibility for its disposal.

Q5. How are other Member States financing the implementation of the Directive?

Consultants Perchards have produced a report on ELV implementation measures in other EU Member States.

Q6. Do we have treatment facilities to deal with ELVs?

Treatment facilities in the UK have sufficient technology to treat undepolluted ELVs, as required by the Directive. Some of these already met the increased requirements of the Directive before the ELV Regulations came into force, as these measures build upon the provisions in the Waste Framework Directive, which have applied in the UK since 1995.

Q7. What targets are set by the Directive?

Article 7 requires economic operators to attain a reuse and recovery target of 85% for all ELVs by 1 January 2006 and within this, a target of 80% for reuse and recycling, increasing to 95% and 85% respectively in 2015. The principle of producer responsibility means that producers should increasingly take responsibility for their products once they become waste and ensure that vehicles are increasingly designed for recycling.

Q8. Which Department leads on the implementation of the Directive?

The DTI leads on implementation of the majority of the ELV Directive, while Defra leads on the implementation of Article 6. Under Article 6 of the Directive all facilities treating end-of-life vehicles are required to have a permit. Previously, dismantlers and other scrap operators have had a mixture of waste management licenses and registered exemptions from licensing. Since 1 February 2004 all treatment facilities should hold a new permit that will allow them to operate on an equal footing. A condition of the permit is that all sites must meet the minimum technical standards required by the Directive.