Regulation On The Hiring, Return And Environmentally-Friendly Disposal Of Old Vehicles

Original Language Title: Verordnung über die Überlassung, Rücknahme und umweltverträgliche Entsorgung von Altfahrzeugen

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

unofficial table of contents

old vehicle V

date of delivery: 04.07.1997

Full quote:

" End-of-life vehicle regulation in the version of the announcement of the 21. June 2002 (BGBl. 2214), which was last amended by Article 3 of the Regulation of 5 December 2008. December 2013 (BGBl. I p. 4043) "

:Recaught by Bek. v. 21.6.2002 I 2214;
Last modified by Art. 3 V v. 5.12.2013 I 4043

For details, see Notes

Footnote

(+ + + Text evidence: 1.4.1998 + + +)

The V for the stand. 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 Non-official table of contents

§ 1 Scope

application (1) This Regulation applies 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, Replacement or retrofit parts comply with the relevant rules on the approval of vehicles for transport on public roads.(2) § § 9 and 10 shall not apply to a manufacturer who exclusively uses vehicles within the meaning of Article 8 (2) (a) of 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 No L 1970, p. EC No L 42 p. 1, n. 6), and not to the vehicles manufactured or imported by it (small-scale production). The Federal Office of the Federal Republic of Germany shall decide whether the conditions are to be met in accordance with the first sentence of the first sentence.(3) Vehicles of special purpose within the meaning of Article 4 (1) (a), second indent, of 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 No L 1970, p. EC No L 42 p. 1, n. 4) are excluded from the requirements of Section 5 (1). Excluded from the requirements of section 8 (2) are equipment which was not specifically manufactured for the use of the vehicles referred to in the first sentence.(4) For three-wheel motor vehicles only the § § 1 to 5 shall apply.(5) The provisions of this Regulation shall be subject to economic operators and to owners, owners and ultimate holders of end-of-life vehicles. Non-official table of contents

§ 2 Definitions

(1) For the purposes of this Regulation, the term
1.
"Vehicle" vehicles of category M1 (vehicles used for passenger transport with a maximum of 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 Council Directive 70 /156/EEC of 6 June 2001, February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (OJ No L 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" vehicles, the waste according to § 3 (1) of the Circular Economic Law ,
3.
"Manufacturer" means the manufacturer of vehicles, according to the vehicle's letter or the commercial importer of a vehicle and the manufacturer or commercial importer of Vehicle parts and materials as well as their legal successor;
4.
"Prevention" measures to reduce the quantity and environmental harmlessness of end-of-life vehicles, their materials and substances;
5.
"Treatment" activities which, after handing over the end-of-life vehicle to a dismantled operation or the residual body, to a shredder or shredder system, or another facility for further treatment with the aim of defraation of pollutants, disassembly, shredding, recovery or preparation of the disposal of shredder waste, as well as all other activities in connection with the recovery or disposal of end-of-life vehicles and end-of-life vehicle components;
6.
"Pretreatment" means the removal or harmless-making of the dangerous components as well as dry laying;
7.
"Dry laying" the removal of the operating fluids;
8.
"Verdichtung" any volume reduction measure that changes the balance of the rest of the body, for example: B. by pressing the roof, pressing or cutting;
9.
"Reuse" measures in which used vehicle components are used for the same purpose, for which: they have been designed;
10.
"recycling" means the reprocessing of waste materials for the original purpose or for use in a production process, or other purposes (use of the material properties, recycling), but with the exception of energy recovery;
11.
"exploitation" of each of the applicable in Annex 2 of the Circular Economy Act;
12.
"Disposal" of each of the applicable procedures referred to in Annex 1 to the Circular Economic Law Method;
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 Regulation 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) to be used:
a)
Hazard Classes 2.1. up 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 Exception of effects on or on 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.
"Accepting site" Holdings or parts of operations that are used by end-of-life vehicles. Provision and transfer to dismantled operations without even being dismantled;
15.
"Withdrawal Point" acceptance points in which end-of-life vehicles pass through the manufacturer or the third party commissioned by him are withdrawn without the end-of-life vehicles being treated there;
16.
"dismantled operations" 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" which is carried out in a Dismantled operation for the purpose of further recovery in accordance with the provisions of Annex, point 3, used vehicle;
18.
"shredding equipment" installations which serve to: Debris or other metallic or metal-containing waste to be crushed or crushed for the purpose of obtaining immediately re-usable scrap metal as well as any other material fractions which can be recovered;
19.
"Other plants for further treatment" installations that are not shredder systems and serve to do so, metals from residual bodies as well as optionally other usable material fractions
20.
"Disassembly information" means any information necessary for the treatment of an end-of-life vehicle in an appropriate and environmentally sound way, and approved dismantling operations carried out by the manufacturers of vehicles and suppliers in the form of manuals or electronic media (e.g. B. CD-ROM, online services);
21.
"Last Age" last registered holder of a vehicle to which the vehicle has been registered in accordance with Road traffic approval order is or has been approved;
22.
"Economic Operator" Manufacturer and distributor, as well as operators of withdrawal 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 the unladen weight of a motor vehicle to determine the recovery objectives, which shall be determined as follows:
-
for motor vehicles of category M1, up to 31. December 1996: unladen weight in accordance with the letter of the vehicle minus the weight of the tank in the case of a 90% filling,
-
for motor vehicles of the class M1, which shall be 1. January 1997: 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),
-
for motor vehicles of category N1: unladen weight according to the vehicle's letter minus the weight of the tank contents at a 90% fill and minus the weight of the driver (75 (kg)
(2) Accepting points, collection points, disassembly operations, shredding facilities and other facilities for further treatment are recognized within the meaning of this Regulation where
1.
the respective operation has the required certificate according to § 5 para. 3 or
2.
is the waste disposal operation and is checked for compliance with the requirements of this Regulation and this is shown in the monitoring certificate.
Non-official table of contents

§ 3 Readmission requirements

(1) Manufacturers of vehicles are obliged to use all end-of-life vehicles of their brand to take back. Manufacturers of vehicles shall, free of charge, take back the end-of-life vehicles referred to in the first sentence from the date of release to a recognised withdrawal point or a recognised dismantling operation designated by a manufacturer.(2) The public-law disposal institutions shall be treated as such in the sense of Section 20 (1) of the German Circular Economy Act in cases where the holder or the owner of the provisions of Section 20 (3) of the German Circular Economy Act (Circular Economic Law) could not be detected. Paragraph 4 (1), (2) and (5) shall not apply in such cases.(3) The manufacturers of vehicles shall be obliged, individually or jointly, themselves or through the assignment of a third party, to provide for a comprehensive return by recognised means of collection or by approved dismantling establishments designated by them for this purpose. . The withdrawal points must be accessible for the latter at a reasonable distance. The area 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 sentence 2 shall not apply if
1.
does not allow the end-of-life vehicle within the European Union or was last approved,
2.
the end-of-life vehicle within the European Union was allowed less than one month prior to decommissioning
3.
the end-of-life vehicle essential components or components, in particular the drive, body, chassis, catalytic converter or electronic control units for vehicle functions, no longer ,
4.
waste was added to the end-of-life vehicle,
5.
the vehicle letter or a comparable authorisation document in accordance with Council Directive 1999 /37/EC of 29 June 1999 on the OJ L 327, 27.4.1999, 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% of the total number of passenger cars in the European Union. February 2009 (BAnz. 835) does not pass a copy of the document in question.
6.
(omitted)
(5) The manufacturer of vehicles provides the necessary information about the collection points they have set up shall be made available in an appropriate manner to inform the latter, on request, of a suitable collection point for the latter.(6) Manufacturers and distributors of components for passenger cars shall be responsible for ensuring that used parts of repairs carried out in motor vehicle repair shops or in comparable commercial facilities for the purpose of the proper and harmless use of the equipment Recovery or the communal-acceptable disposal shall be withdrawn. The parties may enter into agreements on the necessary measures and on the cost of the costs.(7) Manufacturers of vehicles of category M1 or N1 which have not been manufactured and approved in the single-stage process may limit the disposal costs to the part of their production stage and the other disposal costs may be limited to the manufacturers of other vehicles. Bill the levels. Those who assemble vehicle parts into superstructures and place them on the market in connection with a base vehicle must, before being placed on the market, in the framework of their product responsibility, with the manufacturers of basic or chassis vehicles in Set the connection. Non-official table of contents

§ 4 Obligations to overpass

(1) If you want to get rid of, or have to get rid of a vehicle, you are obliged to: to leave this only to a recognised place of acceptance, to a recognised collection point or to a recognised dismantled operation.(2) operators of disassembly operations 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 destruction 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 rules laid down in this Regulation by issuing or issuing the proof of recovery. This will be insured with the exhibition or handing out of the certificate of destruction.(3) Operators of acceptance points and return points shall be obliged to leave end-of-life vehicles only to a recognised dismantling operation.(4) Operators of disassembly companies are obliged to leave remaining carrots only to a recognized shredder installation. By way of derogation from the first sentence, the 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 plant for further treatment.(5) The surrender of end-of-life vehicles referred to in paragraphs 1 to 3 shall be exempted from the obligation to provide proof of proof pursuant to section 2 (1) (1) of the detection regulation. Non-official table of contents

§ 5 Disposal obligations

(1) The economic operators shall ensure that, in relation to the average The vehicle weight of all used vehicles made redundant per year shall be as follows:
1.
at the latest from 1. January 2006
a)
Reuse and recovery at least 85% by weight,
b)
Reuse and recycling at least 80% by weight
2.
at the latest 1. January 2015
a)
Reuse and recovery at least 95% by weight,
b)
Reuse and recycling at least 85% by weight.
(2) operators of acceptance points, collection points, disassembly operations, shredding machines and other installations for further treatment must 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 Section 2 (2).(3) Compliance with the requirements referred to in the first sentence of paragraph 2 shall be certified by an expert (§ 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 examination and control of the relevant operational requirements of the Annex, that the conditions are met: shall not be fulfilled for the purpose of issuing the certificate, 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 motor vehicle repair shops, the certificate is issued by the relevant motor vehicle inspection system. The sentences 2 to 6 apply correspondingly to motor vehicle innings. When checking the requirements, you must consider the results of checks that are
1.
an independent environmental verifier or an environmental verifier, in accordance with Article 4 (3) of Council Regulation (EEC) No 1836/93 of 29 June 1993, of the European Parliament and of the Council of the European Communities, June 1993, on the voluntary participation of industrial undertakings in a Community eco-management and audit scheme (OJ L 327, 28.8.1993, 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 in the framework of the certification of a quality management according to DIN EN ISO 9001 or 9004 or
3.
on the basis of water regulations by experts in the context of the inspection of installations within the meaning of Section 62 (1) of the Water Resources Act
(4) (3) Sentences 1 to 6 shall apply in the case of recognition in accordance with section 2 (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 for the uniform implementation of the review. Non-official table of contents

§ 6 experts

Certificates pursuant to § 5 (3) sentence 1 may only be granted to who
1.
is publicly ordered in accordance with § 36 of the Industrial Code,
2.
as environmental verifier or environmental expert organization 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 p. 1163), as amended, may be used in the field which is more closely defined 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. 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), as amended, as amended, or
3.
in another Member State of the European Union or in another Member State. The Contracting State of the Agreement on the European Economic Area is established, intends to carry out its activities in the territory of Germany only temporarily and occasionally and to carry out its professional qualification before commenting the activity in accordance with Articles 13a and 13b of the Business order has been checked; procedure after this number can be handled through a single entity.
Table of contents

§ 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 valid certificate in accordance with § 5 (3) Sentence 1, including the test report or the respective valid monitoring certificate of a technical monitoring organisation or a waste disposal community, including the test report, as well as the one pursuant to § 27 (3) of the detection regulation of 10. September 1996 (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 bodies responsible pursuant to § 6 for the admission of experts and expert organisations shall give the authorisations and amendments to the authorisations granted by them of the joint authorisations of the joint committee referred to in § 32 (2) of the Environmental Law Place immediately known. The Joint Body shall regularly draw up lists of such information to be updated and shall publish them publicly in a suitable manner.(2a) The experts referred to in Article 6 shall without delay, in the case of a joint body to be set up by the countries for the dismantling operations, shredding facilities and other installations which they have recognised, have a copy of the joint body referred to in issued, or the withdrawal of the certificate issued by them. This must contain at least the following information:
1.
Company name and address,
2.
Address of the recognized operating or operating part,
3.
Operating number according to § 27 (3) of the Identification Regulation for establishments or parts of operations referred to in paragraph 2,
4.
Communications facilities,
5.
Contact person,
6.
approval authority responsible,
7.
Date of issue and the expiry date of the certificate.
On disassembly operated by one or more manufacturers for the free withdrawal of end-of-life vehicles. , the manufacturer must also indicate the manufacturer who intended to dismantuse the 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 second sentence of the second sentence of the second sentence, and the third sentence of the third sentence, shall draw up and publish regularly updated lists.(3) The expert (§ 6) shall communicate the verification date to the authority responsible for the supervision of the respective establishment at least 14 days before the examination for the issue of the certificate in accordance with § 5 (3). The first sentence shall apply in the case of holdings according to § 2 para. 2 no. 2. Non-official table of contents

§ 8 Waste prevention

(1) To promote waste avoidance,
1.
limiting the use of dangerous substances in vehicles and already starting from the concept development of to reduce vehicles as far as possible, in particular in order to prevent their release into the environment, to facilitate recycling and to avoid the need to eliminate hazardous waste.
2.
in the design and production of new vehicles of disassembly, reuse and recovery, in particular the recycling of end-of-life vehicles, their components and To take full account of materials,
3.
to use more recycled material in the manufacture of vehicles and other products.
(2) Materials and Components of vehicles according to the 1. No lead, mercury, cadmium or hexavalent chromium may be placed on the market in July 2003. The first sentence shall not apply to the provisions of Annex II to Directive 2000 /53/EC of the European Parliament and of the Council of 18. 2 September 2000 on end-of-life vehicles (OJ C EC No 34), as amended, subject to the conditions laid down therein, subject to the Commission Decision 2005 /438/EC, as amended in each case. Non-official table of contents

§ 9 Labelling standards and demonstration information

(1) The manufacturers of vehicles are obligated to do so in consultation with the material and supply industry 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. 2 September 2000 on end-of-life vehicles (OJ C EC No 34), in particular to facilitate the identification of those components and materials which can be reused or recovered.(2) Manufacturers of vehicles shall be obliged to provide, within six months of being placed on the market, the approved dismantling operations for each new type of vehicle placed on the market, the dismantling of the demonstration information. This information shall, in particular with a view to achieving the objectives referred to in Article 5, list the individual components and materials of the vehicle and the places where dangerous substances are present in the vehicle, to the extent that this is the case for the Dismantled undertakings are required to comply with the requirements of this Regulation.(3) Without prejudice to the protection of business and trade secrets, manufacturers of vehicle components shall be obliged to provide appropriate information on the dismantling, storage and testing of the approved dismantling operations on request of: to make reusable parts available. Non-official table of contents

§ 10 Information requirements

(1) The manufacturers of vehicles are obliged to cooperate with each other. to publish information about
1.
in an appropriate way, and Recyclable construction of vehicles and their components;
2.
the environmentally sound treatment of end-of-life vehicles, in particular the removal of all liquids and disassembly;
3.
the development and optimisation of possibilities for the re-use and recycling of end-of-life vehicles and their components;
4.
the progress made in the recycling of materials and other materials to reduce the waste to be disposed of and to increase the rate of the waste material and other recovery.
The respective economic operators are obliged to provide the manufacturers with the relevant information concerning the numbers 2 to 4.(2) The manufacturer of vehicles shall make this information available to the potential vehicle buyers. The information shall be included in the promotional literature for the new vehicle. Non-official table of contents

§ 11 Administrative Offences

(1) Administrative Offences act within the meaning of Section 69 (1) (8) of the Circular Economic Law, Who intentionally or negligently
take back an end-of-life vehicle
1.
contrary to § 3, paragraph 1, sentence 1,
2.
contrary to § 3, paragraph 1, sentence 2, an end-of-life vehicle does not take back in the prescribed manner,
3.
contrary to § 3, paragraph 6, sentence 1, it does not ensure that old parts are withdrawn from motor vehicle repairs,
4.
contrary to § 4 (1), 3 or 4 (4) sentence 1, a vehicle, end-of-life vehicle or a residual body of car leaves,
5.
contrary to § 4, paragraph 2, sentence 5, an end-of-life vehicle other than the utilization referred to there,
6.
contrary to § 5, paragraph 2, sentence 1, in conjunction with the appendix 2.1.2, sentence 1, an end-of-life vehicle,
7.
contrary to § 5, paragraph 2, first sentence, in conjunction with point 3.2.2.1, sentence 1, a battery does not take or does not take a battery in time, a liquid gas tank is not or not in good time shall be treated or a component not or not dismantled in time or not, or not disposed of in good time, or made harmless in good time,
8.
contrary to § 5, paragraph 2, first sentence, in conjunction with point 3.2.2.1, sentence 2, an operating fluid or an operating medium referred to there is not or not in good time or not, not collected in the prescribed manner or not in time,
9.
contrary to § 5 (2) sentence 1 in conjunction with point 3.2.3.2, sentence 1 Substances, materials or components mentioned there are not removed or not in good time,
10.
contrary to § 5 (2) sentence 1 in conjunction with point 3.2.3.3, sentence 1 there , substances, materials or components which are not or are not, or are not, or are not or are not or are not or are not or are not, or are not or are not, in good time for re-use or recycling,
11.
contrary to § 5, paragraph 2, first sentence, in conjunction with point 3.2.4.1, sentence 6 of Annex I, materials, components or operating fluids of re-use or of the material
12.
12.
accepts a residual body in accordance with the first sentence of Article 5 (2), in conjunction with point 4.1.1, sentence 3 of the Annex, or shredded,
13.
contrary to § 5 (2) sentence 1 in conjunction with point 4.1.2 sentence 1 of the Annex, the percentages by weight of the recovery or the material Not being recycled,
14.
contrary to § 5, paragraph 2, sentence 2, an end-of-life vehicle or a residual body shall be accepted or treated or
15.
contrary to § 8, paragraph 2, sentence 1, vehicles, materials or components placed on the market.
(2) Contrary in the sense of § 69 Paragraph 2, point 15 of the German Circular Economy Act Who intentionally or negligently acts on
1.
contrary to § 4, paragraph 2, sentence 1, the transfer not, not correct, not complete or not in good time
2.
exposes a certificate of destruction against § 4, paragraph 2, sentence 3,
3.
contrary to § 4, paragraph 2, sentence 4, an acceptance point or a withdrawal point,
4.
contrary to § 5 (2), first sentence in conjunction with point 3.2.3.3, first sentence, or point 4.1.2. Sentence 1 does not show that the corresponding share has been used,
5.
against § 6 of a certificate issued or
6.
contrary to § 7, paragraph 1, a certificate or a monitoring certificate is not, not correct, not complete or not presented in time.
Non-official table of contents

§ 12 Transitional rules

(1) Certificates according to § 5 (3) sentence 1, which are lawful upon entry into force of the regulation , shall continue until the end of the period.(2) Experts and expert organisations which, pursuant to § 6, no longer have the necessary authorisation and whose competence to issue the certificates according to § 5 (3) sentence 1 before the entry into force of this Regulation is lawful , certificates may still be issued by the end of two months after the entry into force of the Regulation. These must be fixed for a period of not more than six months. Non-official table of contents

Annex requirements for the acceptance and withdrawal of end-of-life vehicles, the proper and harmless recovery of Old vehicles and residual bodies, as well as the proper and harmless disposal of the waste generated in the process

original text: BGBl. I 2002, 2221-2225;
bzexcl. of the individual amendments, cf. Footnote
1.
General requirements The requirements of § § 62, 63 of the The Water Resources Act as well as the Legal Regulation pursuant to Section 23 (1) (6) in conjunction with Section 62 (4) of the Water Resources Act remain unaffected.
2.
Requirements at acceptance points and return points
2.1
general
2.1.1
The purpose of accepting end-of-life vehicles from the owner is to provide for the removal and to deliver it to a recognized disassembly operation. Cooperation with the dismantled plants shall be governed by contracts.
2.1.2
Accepting points shall not deal with end-of-life vehicles, in particular not to dry them; and dismantle. By agreeing a suitable pick-up rhythm between the dismantling operation and the point of acceptance, it is necessary to ensure that environmental damage caused by storage is avoided.
2.1.3
Accepting points must have a necessary building-legal permission to use for the purpose of operation and the relevant legal regulations, in particular Environmental protection and occupational safety.
2.1.4
The approved end-of-life vehicles must not be stacked directly on top of each other and not lying 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
Place size, placement of space, and equipment of acceptance points
2.2.1
The total area provided for adoption must be divided into the delivery and delivery of the shipment. 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 is not required via a light liquid separator.
2.2.2
For inspection and transport no more rollable There must be equipment required for old vehicles.
2.2.3
A sufficient amount of binding agent for the operating fluids to be used is a Weather protected storeroom.
2.2.4
Adequate fire extinguishers are to be held.
2.2.5
Intrusion of the installation prevents unauthorized access.
2.2.6
In the area of the entrance A sign with the name, address and opening hours of the company must be attached.
2.3
DocumentationIn an operating diary, all the entries and exits of the company are to record old vehicles in writing. In addition, you must note:
-
The transcripts of the certificates of destruction for all received End-of-life vehicles,
-
special incidents and operational disruptions, including causes and remedial actions performed.
The operating log is on require the monitoring of motor vehicle inspection, the expert or the competent authority. In addition, the cooperation with the disassembly operations must be documented by contracts.
2.4
Readmission places The requirements of points 2.1 to 2.3 apply to Return points accordingly.
3.
Disassembly requirements
3.1
Requirements to the erection and equipment
3.1.1
The number of used vehicles and the type of vehicles to be used for the end-of-life vehicles must be used for the treatment of old vehicles. The operating surface is to be divided into the following areas:
-
Delivery (adoption and capture),
-
input storage for unpretreated Old vehicles,
-
Operating parts for pre-treatment of end-of-life vehicles,
-
Stock for pre-treated end-of-life vehicles,
-
dismantle,
-
stock for ready-to-use motor vehicle parts, that do not contain liquids,
-
Storage for ready-to-use liquid vehicle parts,
-
Storage for solid waste for recovery or disposal,
-
liquid waste storage facility for recovery or removal,
-
Inventory for the rest of the car for removal,
-
Surface to compaction, if measures are to be used 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 in accordance with the generally accepted rules of technology according to water law.
3.1.2.2
For the areas of pre-treatment, disassembly, storage for Liquids and liquid-tight parts and surfaces for compaction shall be provided with sufficient precautions to ensure that the quality of the waste is not adversely affected and that the environment is endangered 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 in accordance with the generally accepted rules of technology in accordance with water law. If the surfaces are not covered, they must be at least over a light liquid separator (e.g.
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 soil is carried out in such a way that the soil and the soil are contaminated.
3.1.2.4
Batteries are separate in acid-resistant containers or on a runless and acid-resistant surface.
3.2
Operation Requirements
3.2.1
General
3.2.1.1
The operator of the dismantled operation must have the approval required for the establishment and operation according to the Federal Immission Control Act or on the basis of § 67 of the The Federal Immission Control Act (Federal Immission Protection Act) has to comply with the 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 any immission protection legal approval and are to be approved under construction law in that respect.
3.2.1.2
End-of-life vehicles must not be stored on the side or on the roof before 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 stacked, pre-treated end-of-life vehicles, the stability of the stack must be guaranteed. No more than three end-of-life vehicles may be stacked on top of each other without special security measures.
3.2.1.4
The requirements of points 3.2.1.2 and 3.2.1.3 shall apply in accordance with the internal transport operations.
3.2.1.5
The operator has to write an operating log in writing and to write an operating manual in writing. create. 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 Waste Disposal Specialist's Ordinance on Waste Disposal (Waste Management Ordinance) of 10 are replaced by point 5.4.3.1 of the TA Waste. September 1996 (BGBl. 1421).
3.2.2
Pretreatment
3.2.2.1
Operator of disassembly operations must be based on the following: Delivery for each end-of-life vehicle immediately
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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 The manufacturer must either dismantle the components by trained personnel, either dismantle them and dispose of them in approved installations, or make them harmless by release in the installed state.
operators of disassembly operations must be provided with Remove and collect the following operating fluids and operating fluids separately:
-
fuel (which also includes LPG for the vehicle drive),
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chiller fluid,
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Brake Liquid,
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washer fluid,
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Refrigerants from Air Conditioners (CFCs and others). a.),
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oil filter,
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engine oil, gear oil, differential oil, hydraulic oil and shock absorber oil, provided that no dismantling of the shock absorbers is carried out; these oils may be mixed together, provided that they are to be classified in accordance with the provisions of the Waste Oil Ordinance of category 1.
Sentence 2 shall not apply to components which are part of spare parts to be reused, for example Engines and gearboxes, 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. 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. N ° 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 (plant V-VAwS) and to store it.
3.2.2.2
The pre-treatment according to point 3.2.2.1 must be carried out according to the state of the art. In the case of dry laying, the drip-free movement of all units is to be achieved in particular. 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 extraction of the fuels, the Use of corresponding systems for the removal of refrigerants, corresponding to the state of the art, to be used. When dealing with flammable liquids, the relevant provisions must be complied with, such as: The Hazardous Substances Ordinance, the Ordinance on flammable liquids and explosion protection regulations.
3.2.2.4
The tank storage filling and the conveyor systems are available with Security 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 must be drawn up for each individual substance.
3.2.3
Demontage
3.2.3.1
The operation must be technically, organizationally and personally capable of To remove parts of motor vehicles that are to be reused as whole components or assemblies.
3.2.3.2
Operator of disassembly operations must be able to Remove the following substances, materials and components because of their low-noise and disrupting character:
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the latent heat storage according to the manufacturer's specification,
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shock absorber, if not dry,
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parts containing asbestos,
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components containing mercury, such as B. Switch, as far as practicable,
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according to Annex II of Directive 2000 /53/EC of the European Parliament and of the Council of 18. 2 September 2000 on end-of-life vehicles (OJ C EC No 34) in the version in force in each case, and the materials referred to in the first paragraph of this Article.
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Dangerous Substances.
In the case of developed shock absorbers, which are not re-used as components, the following shall be considered before the To ensure the recovery of the metallic components, to ensure dry laying.
3.2.3.3
The operators of disassembly operations must be able to use the rest of the body before leaving the vehicle. Remove the following components, substances and materials and, as a matter of priority, use the following components, substances and materials to be reused or recycled:
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Catalysts,
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balancing weights,
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aluminum rims,
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Front, rear and side windows, and glass roofs,
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tires,
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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 a way that allows recycling of material,
-
copper-, aluminum-and magnesium-containing metal components if the corresponding metals are not separated at or after shredding
3.2.4
Reuse, recovery, and disposal
3.2.4.1
The components obtained from the end-of-life vehicle and Substances 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 waste for disposal shall be separated in clearly marked containers. Dismantling operations must be carried out before the remainder of the body is released to a shredder installation or any other plant for further treatment at the latest from 1. remove or remove components, materials and operating fluids with an average of at least 10% by weight of the annual average in relation to the sum of the vehicle weight of the used vehicles, and the re-use or recycling, 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 proof of the performance of the duties according to sentence 6 shall be performed jointly by all the companies involved and shall be verified by an expert according to § 6.
3.2.4.2
Non-usable waste is to be delivered to a public-service-friendly disposal. The transfer of waste for disposal must be carried out only if the accepting holding has a corresponding approval.
3.2.4.3
Pretreated and dismantled End-of-life vehicles can be compacted for transport with suitable equipment if no component removal for further use or recovery is more successful. The end-of-life vehicles may only be used for volume reduction on the surface provided for this purpose. Compaction or treatment in the otherwise provided plant (packaging press, scrap scissors).
3.3
Documentation
3.3.1
In accordance with the general requirements referred to in point 3.2.1.5, operators of disassembly operations have an operational diary of collection, drying, disassembly, reuse, material and energetic utilization, thermal treatment and the other fate of the components, materials and materials.
3.3.2
In this All data essential for the operation of the installation are to be recorded, 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 corresponding proof of disposal, accompanying documents, displays and permits for the collection and transport of waste and removal orders, as well as malfunctions, the cause and the resulting effects Consequences must be noted in the operating diary.
3.3.3
In particular, the required documentation requirements include
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chronologically ordered copies of the certificates of destruction as well as the respective documents according to § 7 Paragraph 1, sentence 1,
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Inventory and whereabout of the materials taken, materials and parts by type and quantity,
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Balance sheet management for recovery and disposal as well as details of parts delivered for reuse,
-
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 operational malfunctions, including causes and remedial actions performed.
4.
Requirements for shredder systems and other attachments for further handling
4.1
General
4.1.1
The operator of the asset must be in the scope of the Regulation on the and permit the operation of the service required by the Federal Immission Control Act or the necessary advertising pursuant to § 67 of the Federal Immission Control Act and the relevant legal regulations, in particular the environment and Meet occupational safety and health protection. 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 may only accept and shred residual bodies if the end-of-life vehicles are treated in recognised dismantling establishments in accordance with the requirements laid down in points 3.2.2.2, sentence 1 and 2, points 3.2.3.2 and 3.2.3.3 of the Annex.
4.1.2
Shredder operators must, in relation to the sum of the vehicle's weight, the non-metallic portion of the shredding residues in the Annual average
a)
from 1. January 2006 5% by weight of recovery and
b)
from 1. 5% by weight of a recycling and a further 10% by weight of a recovery, and show 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 accepted by a shredding machine in the reference year.
the light fraction of the shredder is fed to a qualified preparation, the proportion by weight of the metals separated thereby can be taken into account in the calculation according to the first sentence, if these metals are fed to a material recycling. Requirements according to this number can also be met jointly by several shredding systems. In this case, the proof of compliance with the obligations set out in the first sentence shall be performed jointly by all the companies involved and shall be verified by an expert according to § 6.
4.2
Documentation
4.2.1
The operator of a shredder has to meet the general requirements in accordance with point 3.2.1.5 of the Annex, an operating diary relating to the collection and processing of material and material flows, as well as the remaining material and material flows, to be carried out in writing.
4.2.2
In this diary, all the essential data for the operation of the plant are to be recorded, which are designed to ensure the transparency and accountability of environmentally friendly management of the plant. waste delivered and resulting from 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 apply to operators of other plants for further treatment. accordingly. In addition, the provisions of the permit according to § 4 para. 4 sentence 2 must be complied with.
5.
Exceptions to the exceptions of the 2 to 4 specified in the second sentence of the second sentence of the article Requirements shall be admissible if evidence is provided that other appropriate measures do not adversely affect the good of the general public, as measured in accordance with the requirements of this Regulation. The competent authority decides on the admissibility of deviations on request with a view to issuing the certificate in accordance with § 5 para. 3.
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