Regulation on the transfer, withdrawal and environmentally sound disposal of end-of-life vehicles (end-of-life vehicle regulation-end-of-life vehicles)

Unofficial table of contents

Old vehicle V

Date of completion: 04.07.1997

Full quote:

" End-of-life vehicle regulation in the version of the notice of 21 June 2002 (BGBl. 2214), as last amended by Article 3 of the Regulation of 5 December 2013 (BGBl). I p. 4043).

Status:	New by Bek. v. 21.6.2002 I 2214;
	Last amended by Art. 3 V v. 5.12.2013 I 4043

For more details, please refer to the menu under Notes

Footnote

(+ + + Proof of text: 1.4.1998 + + +) 

  

The V was issued by the Federal Government after consultation of the parties concerned, taking into account the rights of the Bundestag, with the consent of the Federal Council and the Federal Ministry of Transport. It occurs gem. Art. 5 V v. 4.7.1997 I 1666 in force on 1.4.1998.
Heading: IdF d. Art. 3 No. 1 G v. 21.6.2002 I 2199 mWv 1.7.2002 Unofficial table of contents

§ 1 Scope

(1) This Regulation shall apply to vehicles and end-of-life vehicles, including their components and materials. Without prejudice to Article 3 (4), this shall apply irrespective of the way in which the vehicle has been serviced or repaired during its use and whether it is fitted with components supplied by the manufacturer or with other components, if their installation is intended to replace them, (2) § § 9 and 10 shall not apply to a manufacturer who exclusively uses vehicles within the meaning of Article 8 (1) (2) of the Treaty on European Union. Whereas Article 2 (a) of Council Directive 70 /156/EEC of 6 February 1970 on the approximation of the laws of the Member States Legislation of the Member States relating to the type-approval of motor vehicles and their trailers (OJ L 327, 30.4.2004 EC No L 42 p. 1, n. 6), and not to the vehicles manufactured or imported by it (small-scale production). In accordance with the second indent of Article 4 (1) (a) of Directive 70 /156/EEC of 6 February 1970, the Federal Office of the Federal Republic of Germany shall decide whether the conditions set out in the first sentence of the first sentence apply. Approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (OJ EC No L 42 p. 1, n. 4) are excluded from the requirements of Section 5 (1). Excluded from the requirements of § 8 (2) are equipment which has not been specially manufactured for the use of the vehicles referred to in the first sentence. (4) For three-wheel motor vehicles only the § § 1 to 5. (5) The regulations this Regulation shall be subject to economic operators and to owners, owners and the latter of end-of-life vehicles. Unofficial table of contents

§ 2 Definitions

(1) For the purposes of this Regulation, the term "

1.

'vehicle' means vehicles of category M1 (vehicles used for the carriage of passengers with not more than eight seats in addition to the driver's seat) or N1 (vehicles used for the carriage of goods with a maximum weight of up to 3.5 tonnes) in accordance with Annex II (A) to the Directive Council Directive 70 /156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (OJ L 327, 22.11.1970, p. EC No L 42 p. 1, n. 34) and to three-wheel motor vehicles in accordance with Directive 92 /61/EEC (OJ L 206, 22.7.1992, p. EC No 72), but excluding three-wheel motorcycles;

2.

"end-of-life vehicle" means vehicles which are waste in accordance with Section 3 (1) of the Circular Economic Law;

3.

"manufacturer" means the manufacturer of vehicles according to the letter of the vehicle or the commercial importer of a vehicle and the manufacturer or commercial importer of the vehicle parts and materials and their legal successor;

4.

"prevention" means measures to reduce the quantity and environmental harmlessness of end-of-life vehicles, their materials and substances;

5.

"treatment" means activities which, after the handover of the end-of-life vehicle to a dismantled operation or the residual body, to a shredder installation or other plant for further treatment with the aim of defraation of pollutants, of the disassembly, of the shredding, recovery or preparation of the disposal of shredding waste, as well as any other activities related to the recovery or disposal of end-of-life vehicles and old-vehicle components;

6.

"pre-treatment" means the removal or harmless-making of dangerous components, as well as the drying;

7.

"dry laying" means the removal of the operating fluids;

8.

"Compression" means any measure to reduce the volume by which the residual body is modified in its nature, e.g. B. by pressing the roof, pressing or cutting;

9.

"re-use" means measures in which used vehicle components are used for the same purpose for which they have been designed;

10.

"recycling" means the reprocessing of the waste materials in a production process for the original purpose or for other purposes (use of the material properties, raw material recovery), but with the exception of the energy recovery;

11.

"recovery" means any of the applicable procedures referred to in Appendix 2 of the Circular Economic Law;

12.

"disposal" means any of the applicable procedures referred to in Annex 1 of the Circular Economic Law;

13.

"dangerous substance" means any substance which meets the criteria for one of the following in Annex I to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on the classification, labelling and packaging of substances and Mixtures, amending and repealing Directives 67 /548/EEC and 1999 /45/EC and amending Regulation (EC) No 1907/2006 (OJ L 327, 30.12.2006, p. 1), it fulfils the following categories of hazard classes or categories:

a)

Hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F,

b)

Hazard classes 3.1 to 3.6, 3.7 with the exception of effects on or over lactation, 3.8 with the exception of narcotic effects, 3.9 and 3.10,

c)

Hazard class 4.1,

d)

hazard class 5.1;

14.

"acceptance point" means establishments or operating parts which accept end-of-life vehicles for the purpose of providing and forwarding to dismantled undertakings, without being themselves dismantled;

15.

"withdrawal point" means acceptance points where end-of-life vehicles are withdrawn by the manufacturer or by third parties commissioned by him, without the end-of-life vehicles being treated there;

16.

"dismantling operation" means establishments or parts of operations in which end-of-life vehicles are treated for the purpose of subsequent recovery; this may also include the withdrawal;

17.

"residual body" means the end-of-life vehicle treated in a dismantled operation for the purpose of further recovery in accordance with the provisions of Annex point 3;

18.

"shredder plant" means installations which serve to crush or crush residual carrots or other metallic or metal-containing waste for the purpose of obtaining immediately re-usable metal scrap and, where appropriate, further Usable material fractions;

19.

"other installations for further treatment" means installations which are not shredding facilities and are used to recover metals from residual bodies and, where appropriate, other material fractions which can be recovered;

20.

"demonstration information" means any information necessary for the treatment of an end-of-life vehicle in a safe and environmentally sound manner; it shall be used by the manufacturers of vehicles and suppliers in the form of manuals, or electronic media (e.g. B. CD-ROM, online services);

21.

"final holder" means the last holder of a vehicle registered in the vehicle to which the vehicle has been or has been registered in accordance with the road traffic permit order;

22.

"economic operators" means manufacturers and distributors as well as operators of collection points, acceptance points, disassembly operations, shredding facilities, other facilities for further treatment, recycling operations and other establishments for the treatment of End-of-life vehicles, including their components and materials, and motor vehicle insurance companies;

23.

"vehicle leerweight" means a motor vehicle unladen weight for the purpose of determining the recovery objectives, which shall be determined as follows:

-

for motor vehicles of category M1, which have been approved until 31 December 1996: unladen weight in accordance with the letter of the vehicle minus the weight of the tank contents in the case of a 90% filling,

-

for motor vehicles of category M1, which have been approved as from 1 January 1997: unladen weight in accordance with the letter of the vehicle minus the weight of the tank contents in the case of a 90 per cent filling and minus the weight of the driver (75 kg),

-

For motor vehicles of category N1: unladen weight according to the letter of the vehicle minus the weight of the tank contents in the case of a 90 per cent filling and minus the weight of the driver (75 kg).

(2) Accepting points, collection points, dismantling operations, shredding facilities and other installations for further treatment shall be recognised within the meaning of this Regulation where:

1.

the respective establishment has the required certificate pursuant to section 5 (3), or

2.

the holding of waste disposal operations and the compliance with the requirements of this Regulation is checked and this is shown in the monitoring certificate.

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§ 3 Readmission requirements

(1) Manufacturers of vehicles shall be obliged to withdraw all end-of-life vehicles of their trade mark from the latter. In the case of vehicles, the end-of-life vehicles referred to in the first sentence must be withdrawn free of charge from a recognised return point or a approved dismantling operation determined by a manufacturer. (2) The latter The public service providers are treated in the same way as in Article 20 (1) of the Circular Economic Law in cases where the holder or owner of the law referred to in § 20 (3) of the German Circular Economy Act (Circular Economic Law) Motor vehicles could not be detected. (3) The manufacturers of vehicles are obliged, individually or jointly, themselves or through the assignment of third parties, to provide a comprehensive return or return option by means of recognised return points or by them. To this end, certain recognised dismantling operations should be established. The withdrawal points must be accessible for the latter at a reasonable distance. The coverage shall be sufficient if the distance between the place of residence of the last holder and the withdrawal point or recognised dismantling operation determined by a manufacturer is not more than 50 kilometres. (4) Paragraph 1, second sentence, shall apply: not when

1.

the end-of-life vehicle has not been registered or was last approved within the European Union;

2.

the end-of-life vehicle has been authorised within the European Union for less than one month prior to decommissioning,

3.

the end-of-life vehicle no longer contains essential components or components, in particular propulsion, bodywork, chassis, catalytic converter or electronic control units for vehicle functions,

4.

waste has been added to the waste vehicle,

5.

the letter of the vehicle or a comparable document of approval in accordance with Council Directive 1999 /37/EC of 29 April 1999 on the registration documents for vehicles (OJ L 327, 30.4.1999, p. 57), as last amended by Directive 2006 /103/EC (OJ L 138, 1.6.2006, p. 344), or in the context of an application under the Directive on the promotion of passenger car sales of 20 February 2009 (BAnz). 835), a copy of the respective document is not passed.

6.

(dropped)

(5) Manufacturers of vehicles shall provide the necessary information on the collection points they have set up in an appropriate manner to inform the latter, on request, of a withdrawal point suitable for the latter. (6) Manufacturers and distributors of components for passenger cars shall ensure that used parts of repairs carried out in motor vehicle repair shops or in comparable commercial facilities are used for the purpose of proper and harmless recovery or in the case of a community-friendly disposal. The parties may enter into agreements on the necessary measures and costs. (7) Manufacturers of vehicles of category M1 or N1 which have not been manufactured and approved in the single-stage procedure may be able to: Limit disposal costs to the part of their production stage and charge the rest of the disposal costs to the producers of further stages. Those who assemble vehicle parts into superstructures and place them on the market in connection with a base vehicle must, before placing the vehicle on the market, be responsible for their product responsibility with the manufacturers of basic or chassis vehicles set in connection. Unofficial table of contents

§ 4 Obligations to overpass

(1) If a vehicle is to be emptied, emptied or has to be emptied, it is obliged to leave it only to a recognised place of acceptance, to a recognised return office or to a recognised dismantling operation. (2) Operator of Dismantled undertakings shall be obliged to certify immediately the transfer referred to in paragraph 1 by means of a certificate of destruction. For this purpose, the specimen is to be used in Section 2 of Appendix 8 of the Vehicle Registration Regulation. Certificates of recovery may only be issued by operators of approved dismantling operations. Operators of dismantled undertakings shall only be authorised to designate recognised acceptance points or recognised collection points to hand over the certificate of destruction. End-of-life vehicles may only be supplied in accordance with the provisions of this Regulation with the issuing or delivery of the proof of recovery. This will be insured with the issuing or handing out of the proof of recovery. (3) Operators of acceptance points and collection points are obliged to leave end-of-life vehicles only to a recognized dismantling operation. (4) Operators of Disassembly operations are obliged to leave residual bodies only to a recognized shredder installation. By way of derogation from the first sentence, the competent authority responsible for monitoring the operation of the dismantling operation may, after the submission of an opinion by an expert (§ 6), allow residual carrots to be left to another facility for further treatment. (5) The release of end-of-life vehicles referred to in paragraphs 1 to 3 shall be exempted from the obligation to provide proof pursuant to section 2 (1) (1) of the detection regulation. Unofficial table of contents

§ 5 Disposal obligations

(1) Economic operators shall ensure that, in relation to the average vehicle weight of all end-of-life vehicles made per year, the following targets are met:

1.

by 1 January 2006 at the latest

a)

Reuse and recovery of at least 85% by weight,

b)

Re-use and recycling at least 80% by weight and

2.

by 1 January 2015 at the latest

a)

Reuse and recovery of at least 95% by weight,

b)

Re-use and recycling at least 85% by weight.

(2) Operators of acceptance points, collection points, dismantling operations, shredding facilities and other installations for further treatment shall comply with the requirements of the Annex which apply to them. The operators referred to in the first sentence may only accept or deal with end-of-life vehicles or residual cars if the establishments are recognised in accordance with Article 2 (2). (3) Compliance with the requirements referred to in the first sentence of paragraph 2 shall be determined by a to certify experts (§ 6). The certificate may only be issued if the requirements of the Annex are fulfilled. The certificate shall be valid for a maximum period of 18 months. The certificate shall be withdrawn by the expert if it has been satisfied, by the at least annual review and control of the relevant operational requirements of the Annex, that the The conditions for issuing the certificate shall not be fulfilled even after a period not exceeding three months, which it has set. The rates 2 and 4 shall not apply in respect of compliance with the requirements set out in point 3.2.4.1 (3) and 4.1.2 of the Annex. The expert shall immediately inform the competent surveillance authority of the withdrawal of the certificate and the failure to comply with the requirements laid down in point 3.2.4.1 (3) or point 4.1.2 of the Annex. In the case of acceptance points and return points, which are car repair shops, the certificate is issued by the relevant motor vehicle inspection system. The sentences 2 to 6 apply correspondingly to motor vehicle innings. In the review of the requirements, results of tests shall be taken into account:

1.

by an independent environmental verifier or an environmental verifier organisation in accordance with Article 4 (3) of Council Regulation (EEC) No 1836/93 of 29 June 1993 on the voluntary participation of industrial undertakings in a Community scheme for environmental management and audit (OJ C 327, 22.4.2004, p. EC No 1), or in accordance with Article 3 (2) (d) and (3) (a) of Regulation (EC) No 761/2001 of the European Parliament and of the Council on the voluntary participation of organisations in a Community scheme for the Environmental management and audit (OJ C 139, 30.4.2004, p. EC No L 114 p. 1),

2.

by a body accredited according to DIN EN 45012 within the framework of the certification of a quality management according to DIN EN ISO 9001 or 9004 or

3.

have been carried out by experts in connection with the inspection of installations within the meaning of Article 62 (1) of the German Water Resources Act (Wasserbudgets Act).

(4) Paragraph 3, sentences 1 to 6, shall apply in the case of recognition in accordance with § 2 para. 2 no. 2. (5) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety can, in agreement with the Federal Ministry of Economics and Technology, make recommendations on the the uniform implementation of the review. Unofficial table of contents

§ 6 Experts

Certificates pursuant to § 5 (3) sentence 1 may only be issued if:

1.

in accordance with § 36 of the Commercial Code, is publicly appointed,

2.

as environmental verifier or environmental verifier organisation based on an authorisation in accordance with § § 9 and 10 or in accordance with § 18 of the Environmental Law in the version of the notice of 4 September 2002 (BGBl. 3490), as last amended by Article 10 of the Law of 11 August 2010 (BGBl I). 1163), as amended, may be used in the field which is defined in more detail by Annex I, Section E, Group 38.3 of Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 June 2006, of the European Parliament and of the Council of 20 June 2006 on the application of the European Parliament and of the Council of the European Communities December 2006 on the establishment of the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on certain statistical domains (OJ L 378, 27.12.2006, p. 1), which was last amended by Regulation (EC) No 295/2008 (OJ L 393, 30.12.2008, p. 13) has been amended, as amended, or

3.

is established in another Member State of the European Union or in another State Party to the Agreement on the European Economic Area, intends to carry out its activities on a national basis only temporarily and occasionally, and Professional qualification before the start of the activity in accordance with § § 13a and 13b of the Industrial Code has been checked; procedures according to this number can be handled via a uniform position.

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Section 7 Notification of notification

(1) The operators of acceptance points, collection points, dismantling operations, shredding facilities and other facilities for further treatment shall have the respective valid certificate in accordance with § 5 (3) sentence 1, including the audit report or the respective one. valid monitoring certificate of a technical monitoring organisation or a waste disposal community, including the test report, as well as those of 10 September 1996 pursuant to § 27 (3) of the detection regulation (BGBl). I p. 1382, 1997 I p. 2860), the number of the competent authority responsible for the monitoring of the operation in question must be submitted without delay. Where acceptance points or withdrawal points are motor vehicle workshops, the relevant motor vehicle inspection shall present the certificate, including the test report of the authority responsible for the supervision of the establishment. (2) The following shall be submitted in accordance with Accreditation of experts and expert organisations shall immediately disclose the authorisations and amendments to authorisations granted by them of the joint positions referred to in Article 32 (2) of the Environmental Law Amended Act. The Joint Body shall regularly draw up lists of such information to be updated and shall disclose it publicly in an appropriate manner. (2a) The experts referred to in paragraph 6 shall have a common body to be established by the countries for the submit immediately a copy of the certificate issued by them or the withdrawal of the certificate issued by them, for the purpose of further processing, approved dismantling operations, shredding facilities and other facilities for further treatment. It shall contain at least the following information:

1.

the name and address of the company;

2.

Address of the approved establishment or operating part,

3.

the operating number referred to in Article 27 (3) of the detection regulation for the holdings or parts of the holding referred to in point 2;

4.

communication facilities,

5.

Contacts,

6.

the competent licensing authority,

7.

the date of issue and the expiry date of the certificate.

In the case of disassembly operations which have been determined by one or more producers for the free withdrawal of end-of-life vehicles, the manufacturer must also indicate the manufacturer who has determined the dismantling operation. The requirements laid down in sentences 1 to 3 shall also apply to experts, technical monitoring organisations or waste-disposal communities which recognise the establishments referred to in the first sentence as waste disposal establishments. The body referred to in the first sentence shall, in accordance with the information set out in the second sentence of the first sentence of 2. to 5 and the third sentence, regularly draw up lists and publish them publicly in an appropriate manner. (3) The expert (§ 6) shall communicate to the person responsible for the supervision of the at least 14 days before the examination to issue the certificate in accordance with § 5 para. 3, the verification date. The first sentence shall apply in the case of holdings according to § 2 para. 2 no. 2. Unofficial table of contents

§ 8 Waste prevention

(1) In order to promote waste prevention,

1.

to limit the use of dangerous substances in vehicles and to reduce as far as possible from the concept development of vehicles, in particular to prevent their release into the environment, to facilitate recycling and the need to avoid the need to eliminate hazardous waste,

2.

to take full account of the construction and production of new vehicles for dismantling, re-use and recovery, in particular the recycling of end-of-life vehicles, their components and materials,

3.

use more recycling material in the manufacture of vehicles and other products.

(2) Materials and components of vehicles placed on the market after 1 July 2003 shall not contain lead, mercury, cadmium or hexavalent chromium. Sentence 1 shall not apply to the provisions of Annex II to Directive 2000 /53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles (OJ L 327, 30.12.2000, p. EC No 34) in the current version, subject to the conditions laid down therein, subject to the Commission Decision 2005 /438/EC, as amended. Unofficial table of contents

§ 9 Labelling Standards and Demontaginformation

(1) Manufacturers of vehicles are obliged, in consultation with the material and supply industry, to adopt labelling standards for components and materials, as defined by the European Commission in accordance with Article 8 (2) of Directive 2000 /53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles (OJ L 136, 31. EC No 34) in order to facilitate, in particular, the identification of those components and materials which can be reused or recovered. (2) Manufacturers of vehicles shall be obliged to apply to any new vehicle placed on the market Vehicle type shall be provided within six months of being placed on the market to provide the recognised dismantling operation with the demonstration information. This information shall, in particular with a view to achieving the objectives referred to in Article 5, list the individual vehicle components and materials and the places where dangerous substances are present in the vehicle, to the extent that this is the case for the vehicle. (3) Without prejudice to the protection of commercial and industrial secrets, manufacturers of vehicle components shall be obliged to dismantuse the approved dismantling operation; Request adequate information on disassembly, storage and testing of to make reusable parts available. Unofficial table of contents

Section 10 Information requirements

(1) The manufacturers of vehicles shall be obliged to publish information in a suitable manner, in cooperation with the relevant economic operators, on:

1.

the design of vehicles and their components in a way that is appropriate for recycling and recycling;

2.

the environmentally sound treatment of end-of-life vehicles, in particular the removal of all liquids and the dismantling;

3.

the development and optimisation of the possibilities for re-use and recycling of end-of-life vehicles and their components;

4.

the progress made in the recycling of materials and other uses to reduce the waste to be disposed of and to increase the rate of recycling and recycling.

The respective economic operators are obliged to provide the manufacturers with the relevant information on points 2 to 4. (2) The manufacturer of vehicles has access to this information to the potential vehicle buyers. to make it. The information shall be included in the promotional literature for the new vehicle. Unofficial table of contents

§ 11 Administrative Offences

(1) In the sense of § 69 (1) (8) of the German Circular Economy Act, who intentionally or negligently acts in the sense of the law

1.

Contrary to the first sentence of Article 3 (1), it does not take back a used vehicle

2.

Contrary to the second sentence of Article 3 (1), an end-of-life vehicle is not withdrawn in the prescribed manner

3.

Contrary to Article 3 (6), first sentence, it does not ensure that old parts are withdrawn from motor vehicle repairs,

4.

, contrary to the provisions of Article 4 (1), (3) or (4), first sentence, leaves a vehicle, an end-of-life vehicle or a residual body,

5.

, contrary to Article 4 (2), fifth sentence, an end-of-life vehicle is sent to a vehicle other than that

6.

referred to in the first sentence of Article 5 (2), in conjunction with the first sentence of Annex 2.1.2, a waste vehicle,

7.

, contrary to the first sentence of Article 5 (2), in conjunction with point 3.2.2.1, first sentence, the battery does not take a battery or does not take it in due time, does not treat a liquid gas tank in time or does not disassemble or disassemble a component in a timely manner, or does not or cannot be disposed of in good time and does not make it harmless or not in good time,

8.

in accordance with the first sentence of Article 5 (2), in conjunction with the second sentence of point 3.2.2.1 of the Annex, the operating fluid referred to therein, or an operating medium referred to therein, shall not be removed or not in time, not in the prescribed manner or not collect in time,

9.

shall not remove substances, materials or components referred to in the first sentence of Article 5 (2) 1 in conjunction with the first sentence of Annex 3.2.3.2, sentence 1, or not in a timely manner,

10.

Contrary to § 5 (2) sentence 1 in conjunction with point 3.2.3.3, sentence 1, substances, materials or components referred to therein are not or are not or not removed in good time or are not or are not or are not re-used in good time or in good time for reuse or recycling,

11.

shall not, or fail to supply the materials, components or operating fluids referred to in the first sentence of Article 5 (2) 1 in conjunction with point 3.2.4.1, sentence 6, of the re-use or recycling of material, or not in time,

12.

the first sentence of Article 5 (2), in conjunction with the third sentence of point 4.1.1, sentence 3, adopts or shredded a residual body,

13.

Contrary to the first sentence of Article 5 (2), in conjunction with the first sentence of 4.1.2, the percentages by weight referred to therein shall not be supplied to the recovery or recycling of the material,

14.

, contrary to the second sentence of Article 5 (2), adopt or treat an end-of-life vehicle or a residual body, or

15.

, contrary to § 8 (2) sentence 1, vehicles, materials or components are placed on the market.

(2) In the sense of § 69 (2) (15) of the German Circulatory Economic Law, who intentionally or negligently acts in accordance with the law of the law

1.

contrary to the first sentence of Article 4 (2), the surrender shall not, not properly, be certified in full or not in due time;

2.

, contrary to Article 4 (2), sentence 3, issue a certificate of destruction,

3.

, contrary to Article 4 (2), fourth sentence, an office of acceptance or a collection point shall be charged,

4.

in accordance with the first sentence of Article 5 (2), in conjunction with point 3.2.3.3, first sentence, or point 4.1.2. Sentence 1 does not prove that the corresponding share has been recovered,

5.

issued a certificate, contrary to § 6, or

6.

, contrary to § 7 (1), a certificate or a monitoring certificate is not presented correctly, not in full or in good time.

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Section 12 Transitional provisions

(1) Certificates pursuant to § 5 (3) sentence 1, which were lawfully granted upon the entry into force of the Regulation, shall continue until the end of their expiry. (2) Experts and expert organizations which are no longer required to do so on the basis of § 6 Authorization and their competence to issue certificates pursuant to Article 5 (3) sentence 1 before the entry into force of this Regulation have been legally established, may still be issued until two months after the entry into force of the Regulation . These must be fixed for a period of not more than six months. Unofficial table of contents

Annex Requirements for the acceptance and withdrawal of end-of-life vehicles, for the proper and unsafe recovery of end-of-life vehicles and residual carrots, and for the proper and safe disposal of the waste produced in the process

Source of the original text: BGBl. I 2002, 2221-2225;
with regard to of the individual amendments. Footnote

1.

General requirements The provisions of § § 62, 63 of the German Water Resources Act and of the ordinance pursuant to Section 23 (1) point 6 in conjunction with Section 62 (4) of the Water Resources Act remain unaffected.

2.

Requirements for acceptance points and collection points

2.1

General

2.1.1

The purpose of receiving end-of-life vehicles from the owner is to provide for the removal of old vehicles and to supply them to a recognized disassembly operation. Cooperation with the dismantling companies must be regulated by means of contracts.

2.1.2

Acceptance points shall not be allowed to treat old vehicles, in particular not to dry and dismantle. By agreeing a suitable pick-up rhythm between the dismantled operation and the point of acceptance, it is necessary to ensure that environmental damage caused by storage is avoided.

2.1.3

Acceptance points must have a necessary building-legal permission to use for the purpose of operation and comply with the relevant legal regulations, in particular for the protection of the environment and the health and safety of work.

2.1.4

The approved end-of-life vehicles must not be directly stacked on top of each other and not provided on the side or on the roof. The provision shall be made in such a way that damage to fluid-bearing components (e.g. Oil pan, tank, brake lines) or dismountable parts, such as Glass panes are avoided.

2.2

Space size, space division and equipment of acceptance points

2.2.1

The total area provided for adoption must be divided into the areas of delivery and delivery for transport. This surface is to be attached to the material impermeable to the requirements of water law in accordance with the generally accepted rules of technology and at least by means of a light liquid separator (e.g. B. according to DIN 1999 1). When the surface is covered, the dewatering via a light liquid separator is not required.

2.2.2

Equipment required for the assessment and transport of unrolling end-of-life vehicles must be available.

2.2.3

The binder for discharged operating fluids must be kept in a sufficient quantity of a weather-protected storeroom.

2.2.4

Adequate fire extinguishers shall be required.

2.2.5

Intrusion of the system shall prevent unauthorized access.

2.2.6

In the area of the entrance, a sign with name, address and opening hours of the company is to be fixed.

2.3

Documentation In an operating diary, all the access and departure of end-of-life vehicles must be recorded in writing. In addition, it should be noted:

-

Copies of the certificates of destruction for all used vehicles,

-

special events and operational malfunctions, including the causes and the remedial measures taken.

The operating diary shall be submitted at the request of the surveillance vehicle inspection, the expert or the competent authority. In addition, cooperation with the dismantled operations is to be documented by contracts.

2.4

Readmission positions The requirements of points 2.1 to 2.3 shall apply in accordance with the provisions of the withdrawal points.

3.

Requirements for dismantled plants

3.1

Requirements for construction and equipment

3.1.1

Space size and space allocation for end-of-life vehicles must be adapted to the number of end-of-life vehicles produced and the nature of their treatment, and must be selected in such a way as to comply with the requirements of this Annex. to divide the following areas:

-

Delivery (acceptance and collection),

-

Non-pretreated end-of-life vehicles,

-

Operating parts for pre-treatment of end-of-life vehicles,

-

storage for pre-treated end-of-life vehicles,

-

demontage,

-

Bearings for usable motor vehicle parts which do not contain any liquids,

-

Storage for ready-to-use liquid-bearing motor vehicle parts,

-

Storage for solid waste for recovery or disposal,

-

Storage of liquid waste for recovery or disposal,

-

Storage for residual carrots for transport,

-

Surface for compaction, if measures are carried out for compaction.

The various areas of work are clearly to be identified. Before they are pre-treated, the delivered end-of-life vehicles may only be stored on surfaces which are suitable for this purpose.

3.1.2

Space Equipment

3.1.2.1

The areas of delivery and entry storage are sufficiently large and can be fixed in accordance with the generally accepted rules of technology according to water law.

3.1.2.2

Adequate precautions must be taken in the areas of pre-treatment, disassembly, storage for liquids and liquid-tight parts and compaction surfaces, in order to ensure that the waste that can be used does not in its nature , and a risk to the environment is excluded, e.g. B. Einhausung, roofing or compaction in mobile presses with integrated collection system. Areas of the areas referred to in the first sentence must be impermeable to material according to the generally accepted rules of technology according to water law. If the surfaces are not covered, they must be at least over a light liquid separator (e.g. B. according to DIN 1999 1).

3.1.2.3

The storage of pre-treated end-of-life vehicles and residual bodies must be carried out in such a way that contamination of the soil and of the water bodies is not to be obtained.

3.1.2.4

Batteries must be stored separately in acid-resistant containers or on an unflowless and acid-resistant surface.

3.2

Operational requirements

3.2.1

General

3.2.1.1

The operator of the dismantling operation must have the approval required for the eration and operation in accordance with the Federal Immission Control Act or the indications required in accordance with § 67 of the Federal Immission Protection Act and the comply with relevant legal regulations, in particular with regard to environmental protection and occupational safety. The establishment must be constructed, operated and maintained in such a way as to comply with the requirements for the proper and harmless recovery of waste and the safe disposal of waste in the public sector. This applies correspondingly to those dismantled plants which do not require an authorisation for immission protection and are to be approved in the sense that they are legally approved.

3.2.1.2

Old vehicles must not be stored on the side or on the roof prior to pre-treatment in order to prevent the escape of liquids. Stacking is only permissible if there are suitable devices which deform and damage liquid components such as brake lines, oil tubs or dismountable parts, such as Glass panes, for sure.

3.2.1.3

In the case of stacked, pre-treated end-of-life vehicles, the stability of the stack must be ensured. No more than three end-of-life vehicles must be stacked on top of each other without special security measures.

3.2.1.4

The requirements laid down in points 3.2.1.2 and 3.2.1.3 shall apply mutatily to intra-company transport.

3.2.1.5

The operator has to write an operating diary in writing and to create an operating manual in writing. The requirements for the operating diary shall be derived from the documentation requirements referred to in point 3.3. In particular, the Operations Manual must contain provisions on the treatment and storage of end-of-life vehicles, as well as work and operating instructions. The requirements of TA Waste Number 5.4 (GMBl. 147) shall apply accordingly. The requirements of Section 5 (1) of the Disposal Specialist's Ordinance on Disposal Services of 10 September 1996 (BGBl) are to be replaced by the position of point 5.4.3.1 of the TA waste. 1421).

3.2.2

Pre-treatment

3.2.2.1

After delivery, operators of dismantling operations shall immediately be obliged to take the necessary measures to ensure that the vehicle is delivered

-

remove the batteries,

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Treat the liquid gas tank properly according to the manufacturer's specifications and

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the pyrotechnic components are either dismantled and disposed of in approved installations by trained personnel according to the specifications of the manufacturer, or they are made harmless by triggering in the installed state.

Prior to further processing, operators of disassembly operations must remove and separately collect the following operating fluids and operating fluids:

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Fuel (which also includes LPG for the vehicle propulsion),

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Chiller fluid,

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brake fluid,

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Washer fluid,

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Refrigerants from air conditioning systems (CFCs and others) (a)

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oil filter,

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Engine oil, transmission oil, differential oil, hydraulic oil and shock absorber oil, provided that no shock absorbers are dismantled; these oils may be mixed together, provided that they are classified in accordance with the provisions of the Waste Oil Ordinance of category 1.

The second sentence shall not apply to components which are to be reused as spare parts, e.g. Engines and transmissions, if they are subsequently developed without delay. Components and materials, which may pose a risk to groundwater and surface water, shall be stored on the fortified and covered surfaces provided for this purpose. Substances which, according to the General Administrative Regulation on the Water Resources Act, on the classification of substances at risk of water in water hazard classes (VwVwS, BAnz. No 98a of 29 May 1999) may be classified or classified as hazardous to water, in containers approved for this purpose, in compliance with the regulations adopted by the countries on the handling of substances hazardous to water and on specialist establishments (Annex V) -VAwS) to be filled and stored.

3.2.2.2

The pre-treatment referred to in point 3.2.2.1 must be carried out in accordance with the state of the art. In the case of dry laying, it is particularly possible to achieve the drip-free range of all aggregates. All openings from which liquids can escape must be sealed tightly. From the third sentence, it is possible to deviate if the residual bodies are stored on a material impermeable surface which corresponds to the generally accepted rules according to water law. The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety can in the Agreement with the Federal Ministry of Economics and Technology to announce the state of the art.

3.2.2.3

For the removal of the fuels, systems which are suitable for the removal of refrigerants are to be used in the state of the art. When dealing with flammable liquids, the relevant provisions must be complied with, such as: The Hazardous Substances Ordinance, the Ordinance on flammable liquids and regulations on explosion protection.

3.2.2.4

The tank storage filling and the conveyor systems must be equipped with safety latches. The functional capability of the above-mentioned devices must be demonstrated by technical expert reports required by law. In particular for the handling and storage of substances hazardous to water and of hazardous substances, operating instructions shall be drawn up for each individual substance.

3.2.3

Disassembly

3.2.3.1

The operation must be technically, organizationally and personally capable of removing those parts of the motor vehicle which are to be reused as entire components or assemblies.

3.2.3.2

Prior to the further treatment, operators of disassembly companies must remove the following materials, materials and components because of their shad and disrupting character:

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the latent heat storage device as specified by the manufacturer,

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Shock absorbers, if not drained,

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components containing asbestos,

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mercury-containing components, such as B. Switch, where practicable,

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pursuant to Annex II to Directive 2000 /53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles (OJ L 327, 30.12.2000, p EC No 34), the components and materials which have been placed on the market after 1 July 2003, in the version in force,

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substances which are foreign to vehicles.

When the shock absorbers are removed, which are not re-used as components, the dry laying must be ensured before the metallic components are used.

3.2.3.3

Prior to the transfer of the residual body to a shredder installation or other plant for further treatment, operators of disassembly operations must remove the following components, substances and materials and, as a matter of priority, the reuse or the Recycling:

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Catalysts,

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balancing weights,

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Aluminium rims,

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front, rear and side windows as well as glass roofs,

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tyres,

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large plastic components such as B. bumpers, wheel caps and radiator grille if the materials are not separated during or after shredding in such a way as to enable recycling of the material,

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copper-, aluminium-and magnesium-containing metal components, if the corresponding metals are not separated during or after shredding.

3.2.4

Re-use, recovery and disposal

3.2.4.1

The components and substances obtained from the end-of-life vehicle shall be used as a priority for re-use or recovery. Care must be taken to ensure that the greatest possible proportion of the dismantled components is recycled. As far as technically possible and economically feasible, brake fluid, hydraulic fluid, refrigerant from air conditioning systems and cooling fluid are to be used for recovery. Waste oils shall be supplied in accordance with the relevant provisions of the working-up or other disposal. Waste for recovery and disposal for disposal shall be separated in clearly marked containers. Prior to the transfer of the residual body to a shredder installation or other plant for further treatment, dismantling operations must be carried out at the latest from 1 January 2006 at the latest in components, materials and operating fluids with a share of average at least 10% by weight of the annual average for the sum of the To remove or remove vehicle weights of the used vehicles and to recycle or recycle them, and prove that the corresponding share has been recycled. Metallic components and materials, such as B. Residual carrots, nuclear waste, spare parts, and fuels must not be taken into account in the calculation provided for in the sixth sentence. Batteries may be taken into account in the calculation provided for in the sixth sentence if they have been left to a waste disposal plant certified for the recovery of this waste. Old tyres may be taken into account in the calculation according to sentence 6, if the material recovery is documented in a comprehensible manner. The obligations laid down in the sixth sentence shall not apply to the extent that it is proved that the requirements relating to the recycling referred to in Article 5 (1) (1) (b) in the annual average shall be based on the sum of the vehicle weight of the used vehicles other appropriate ways. In this case, the proof of compliance with the obligations laid down in the sixth sentence shall be performed jointly by all the undertakings concerned and shall be verifiable by an expert according to § 6. For the purpose of the calculation referred to in the sixth sentence, the use of The requirements set out in the sixth sentence may also be met by a number of dismantled plants. In this case, the verification of the performance of the duties set out in the sixth sentence shall be performed jointly by all the undertakings concerned and shall be verified by an expert in accordance with § 6.

3.2.4.2

Waste which cannot be recycled must be disposed of in a public-sector-friendly way. The transfer of waste for disposal must be carried out only if the holding of the holding has a corresponding authorisation.

3.2.4.3

Pre-treated and dismantled end-of-life vehicles can be compacted for transport by means of suitable equipment if no component removal for further use or recovery is more successful. For this purpose, the surface intended for compaction is compressed or treated in the otherwise provided installation (packaging press, scrap shears).

3.3

Documentation

3.3.1

In accordance with the general requirements referred to in point 3.2.1.5, operators of disassembly operations shall have an operational diary relating to the collection, drying, dismantling, re-use, recycling, thermal treatment and the use of heat, the other fate of the components, materials and substances.

3.3.2

In this operating diary, all the essential data necessary for the operation of the installation must be kept, which are necessary for the transparency and the feasibility of an environmentally sound waste vehicle recycling system. All flows of incoming and outgoing flows with appropriate disposal certificates, accompanying documents, displays and permits for the collection and transport of waste and removal orders, as well as operating disturbances, the cause and the resulting effects Consequences have to be noted in the operating diary.

3.3.3

The necessary documentation requirements shall include in particular:

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chronologically ordered copies of the certificates of destruction as well as the relevant documents in accordance with § 7 (1) sentence 1,

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Inventory and whereabout of the substances removed, materials and parts by type and quantity,

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Balance of waste for recovery and disposal, as well as information on re-use of parts,

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information on material flows from other parts of the plant, which are disposed of together with the material flows from the disposal of end-of-life vehicles,

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special events and malfunctions, including the causes and the remedial measures taken.

4.

Requirements for shredder systems and other equipment for further treatment

4.1

General

4.1.1

The operator of the installation must, within the scope of the regulation, on the approval required for the establishment and operation according to the Federal Immission Control Act or on the indications required under section 67 of the German Federal Immission Protection Act (Bundesimmissionsschutzgesetz) , and comply with the relevant legal provisions, in particular with regard to the protection of the environment and the workplace. The facility shall be constructed, operated and maintained in such a way as to comply with the requirements for the proper and harmless recovery of waste, as well as the safe disposal of waste in the public sector. Operators of shredding facilities shall only accept and shred residual carrots if the end-of-life vehicles have been treated in recognised dismantling establishments in accordance with the requirements of points 3.2.2.2, first and second sentences, 3.2.3.2 and 3.2.3.3 of the Annex.

4.1.2

Operators of shredding equipment must, in relation to the sum of the vehicle's weight, be subject to the non-metallic proportion of the shredder residues in the annual average

a)

as from 1 January 2006, 5% by weight of recovery and

b)

as from 1 January 2015, 5% by weight of a material recovery and another 10% by weight of a recovery, and prove that the corresponding share has been recovered. The sum of the weight of the vehicle shall be determined from the sum of the weights of the vehicle shown in the certificates of recovery of the individual remaining carcases, which have been adopted in the reference year by a shredding machine.

If the shredder light fraction is fed to a qualified preparation, the proportion by weight of the metals separated in the process may be taken into account in the calculation according to the first sentence, if these metals are fed to a material recycling process. The requirements of this number can also be met jointly by several shredding systems. In this case, the proof of compliance with the obligations laid down in the first sentence shall be performed jointly by all the undertakings concerned and shall be verified by an expert according to § 6.

4.2

Documentation

4.2.1

The operator of a shredder installation shall, in accordance with the general requirements referred to in point 3.2.1.5 of the Annex, in writing, in writing, an operating diary relating to the collection and processing as well as the remaining whereaby of the material and material flows. .

4.2.2

In this diary, all the essential data necessary for the operation of the plant shall be recorded in order to ensure the transparency and feasibility of an environmentally sound management of the waste delivered and the waste produced during the treatment. . All incoming and outgoing flow rates as well as operating malfunctions, their causes and consequences must be checked in the operating diary.

4.3

Requirements for other plants for further treatment The requirements of points 4.1 and 4.2 shall apply accordingly for the operators of other plants for further treatment. In addition, the provisions of the permit pursuant to § 4 para. 4 sentence 2 must be complied with.

5.

Derogations from the requirements set out in points 2 to 4 shall be allowed where evidence is provided that other appropriate measures shall ensure the good of the general public, as measured in accordance with the requirements of this Regulation. shall not be affected. The competent authority decides on the admissibility of deviations on request with regard to the issue of the certificate in accordance with § 5 (3).

*)

To refer to Beuth-Verlag GmbH, Berlin.