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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Read the untranslated law here: http://www.gesetze-im-internet.de/altautov/BJNR166610997.html

Regulation on the hiring, return and environmentally-friendly disposal of old vehicles (ELV regulation - AltfahrzeugV) AltfahrzeugV Ausfertigung date: 04.07.1997 full quotation: "ELV regulation as amended by the notice of June 21, 2002 (BGBl. I p. 2214), most recently by article 3 of the Decree of 5 December 2013 (BGBl. I S. 4043) has been changed" stand: Neugefasst by BEK. v. 21.6.2002 I 2214;
 
As last amended by art. 3 V v. 5.12.2013 4043 for more information on the stand number you find in the menu see remarks footnote (+++ text detection from: 1.4.1998 +++) the V was adopted by the Federal Government after consultation with the interested parties, taking into account the rights of the Bundestag, with the consent of the Federal Council and the Federal Ministry of transport. You according art. 5 V v. 4.7.1997 I 1666 into force on 01.04.1998.
Title: IdF d. art. 3 No. 1 G v. 21.6.2002 I 2199 mWv 1.7.2002 section 1 scope (1) this Regulation applies to vehicles and old vehicles, including their components and materials. Without prejudice to section 3 paragraph 4 This applies regardless of how has been serviced or repaired the vehicle during its use and whether it is equipped with parts provided by the manufacturer or with other components, when their installation as a replacement, replacement or retrofit parts complies with the relevant regulations on the admission of vehicles to transport on public roads.
(2) sections 9 and 10 do not apply to a manufacturer, the only vehicles within the meaning of article 8 para 2 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 EC No. L 42 S. 1, no. L 225 p. 6) manufactures or imports, and not produced by him or imported vehicles (small serial control). Whether meet the requirements pursuant to sentence 1, decides the Kraftfahrt-Bundesamt on request.
(3) vehicles with special-purpose within the meaning of article 4 paragraph 1 letter of 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 EC No. L 42 S. 1, no. L 225 p. 4) are excluded from the requirements of article 5, paragraph 1. Equipment not specifically manufactured for the use of the vehicles referred to in sentence 1 are exempt from the requirements under § 8 para 2.
(4) for three-wheeled vehicles, only the section apply § 1 to 5 (5) the provisions of this regulation are subject to the economic operators and the owner, owner and last owners of old vehicles.

Article 2 definitions (1) for the purposes of this regulation the term 1 means 'Vehicle' vehicles of category M1 (vehicles for the carriage of no more than eight seats excluding the driver's seat) or N1 (vehicles used for the carriage of goods with a maximum weight up to 3.5 tons) as defined in annex II section A to 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 EC No. L 42 S. 1, no. L 225 p. 34) as well as three-wheeled motor vehicles pursuant to Directive 92/61/EEC (OJ EC No. L 225 p. 72), but excluding motor tricycles;
2. "Old car" vehicles are the waste according to article 3, paragraph 1, of the law of circulation management;
3. "Manufacturer" manufacturer of vehicles according to the vehicle or the professional importer of a vehicle and the manufacturer or commercial importer of vehicle components and materials, as well as their legal successors.
4. 'Prevention' means the reduction of the quantity and of the harmfulness of life vehicles, their materials and substances;
5. "Treatment" activities, which after the passing of the old vehicle to a dismantling plant or the body of rest of to a shredder or an other facility for further treatment with the aim of the discharge activity of pollutants, are conducted on disassembly, the Schredderns, the recovery or preparation for disposal of the Schredderabfälle, as well as all other activities related to the recovery or disposal of old vehicles and used automotive parts;
6 "Pretreatment" distance or the deactivation of the hazardous components, as well as the draining;
7 "Draining" the removal of the fluid;
8 "Compression" by any measure to reduce volume, which is changed the rest of body in their nature, E.g. by pressing of the roof, pressing or cutting;
9, "Reuse" means that old vehicle components are used for the same purpose for which they were conceived;
10 'recycling' the reprocessing with responsibility in a production process of waste materials for the original purpose or for other purposes (use of material properties, feedstock recycling), but excluding energy recovery;
11 'Recovery' each of the applicable methods referred to in annex 2 of the circulatory economic law;
12 'Disposal' each of the applicable methods referred to in annex 1 of the circulatory economic law;
13 'dangerous substance' each substance, the criteria for any of the following in annex I of to Regulation (EC) no 1272/2008 of the European Parliament and of the Council of 16 December 2008 on 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 353 of 31.12.2008, S. 1) set out hazard classes or categories meets: 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 except for effects on or via lactation, 3.8 with the exception of DODS effects , 3.9 and 3.10, c) hazard class 4.1, d) hazard class 5.1;
14 "Receiving Office" operations or operating parts, the old vehicles to deliver and forwarding to dismantlers assume, without being itself dismantling operation;
15 "Collection point" outlets, which old vehicles authorized third parties, be returned by the manufacturer or by him without that there the old vehicles treated;
16 companies "Dismantling operation" or operating parts, treated; end of life vehicles in which for the purpose of subsequent recovery This may include also the withdrawal;
17 "Rest body" in a disassembly operation for the purpose of further recovery for Annex paragraph 3 dealt with old vehicle;
18 "Shredder" systems, which serve to smash remaining bodies or other metallic or metal-containing wastes, and to shred for the purpose of obtaining immediately usable metal scrap and, where appropriate, other recyclable material fractions;
19 to regain "other facilities for further treatment" installations which are no shredder and serve, metals from residual bodies, as well as any other actionable material fractions;
20 "Dismantling information" all the information that are necessary for the appropriate and environmentally sound treatment of an old vehicle; provided approved dismantling factories from the manufacturers of vehicles and suppliers in the form of manuals or electronic media (E.g. CD-ROM, online services) available;
21 "Last owner" last a vehicle registered on the vehicle operator, on the vehicle in accordance with road is approved or was approved;
22 "Operators" manufacturers and distributors, as well as operators of collection points, collection points, dismantling companies, shredder, other plants for further treatment, recycling plants and other establishments for the treatment of old vehicles, including their components and materials, as well as motor vehicle insurance companies.
23 "Vehicle unladen weight" governing unladen weight of a motor vehicle to determine of the recovery targets, that as follows is determined: - for motor vehicles of category M1 which are approved until December 31, 1996: curb weight according to vehicle letter minus weight of the contents of of tank at a 90% fill - for motor vehicles of category M1 which are approved from January 1, 1997: unladen weight according to vehicle letter minus weight of the tank contents at a 90% fill and less weight of the driver (75 kg) , - for vehicles of category N1: curb weight according to vehicle letter minus weight of the tank contents at a 90% fill and less weight of the driver (75 kg).
(2) collection points, collection points, dismantlers, shredder and other facilities for further treatment are recognized within the meaning of this regulation, if the respective operation has the required certificate according to § 5 ABS. 3 1 or 2 which is operating waste management facility and the compliance with the requirements of this regulation and this is reflected in the audit certificate.

Section 3 withdrawal obligations (1) manufacturers of vehicles are obliged to take back all their brand from the last owner vehicles. The manufacturer of vehicles must take back the vehicles referred to in sentence 1 from transfer to a recognized collection point or a recognised disassembly operation given by a manufacturer free of charge.
(2) the last owner are assimilated to the public disposal systems in the meaning of § 20 paragraph 1 of circulatory economic law in cases where the holder or owner of the motor vehicle referred to in section 20, paragraph 3, of the law of circulation management not could be determined. Paragraph 4 does not apply in these cases Nos. 1, 2 and 5.
(3) the manufacturer of vehicles are obliged, individually or collectively third party, itself or by mandating nationwide return opportunities through renowned collection points or of them, certain recognized dismantlers to create. The collection points must be accessible for the last owner within reasonable distance. The coverage is then sufficient distance between the place of residence of the Letzthalters and collection point or by a manufacturer does not exceed 50 kilometres is certain approved dismantling operation.
(4) paragraph 1 sentence 2 does not apply, if 1 that is not within the European Union approved ELV or was recently approved, 2. the old vehicle within the European Union before the closure less than a month was approved, 3 major parts or components, in particular drive, bodywork, chassis, catalyst or electronic control devices for vehicle functions, does not contain the old vehicle, 4. waste have been added to the ELV , 5. the letter of the vehicle or a similar document of approval according to Directive 1999/37/EC of the Council of 29 April 1999 on the registration documents for vehicles (OJ L 138 of 1.6.1999, p. 57), the last by Directive 2006/103/EC (OJ L 363 of 20.12.2006, p. 344) is has been modified, or in connection with a proposal for the directive on the promotion of sales of passenger cars by February 20, 2009 (BAnz. P. 835) a copy of the relevant document is not passed.
6. (dropped out) (5) manufacturers of vehicles make the necessary details about the collection points established by them in an appropriate manner available to the last owner upon request to teach a collection point appropriate for him.
(6) manufacturer and distributor of components for passenger cars have to make sure that old parts be taken back from repairs incurred in garages or in comparable commercial institutions, for the purpose of proper and can recovery or the common good-friendly disposal. The parties can make agreements on the necessary measures and the pay of the costs.
(7) manufacturers of vehicles of category M1 or N1 has been made and approved in the one-step procedure can limit the disposal costs on the part of their production level and provide other disposal costs the manufacturers of further steps in accounting. Those who assemble parts to bodies and bring them in conjunction with a base vehicle in transport, must contact prior to the placing on the market within the framework of its product responsibility the manufacturers of base or chassis vehicles in connection.

§ 4 licensing obligations (1) who disposed of a vehicle, or intends or is required to discard, is obliged to leave this only a recognized receiving Office, a recognized collection point or a recognised dismantling operation.
(2) operators of dismantling companies are obliged to certify the transfer referred to in paragraph 1 without delay through a certificate of destruction. This pattern is in section 2 of Annex 8 of the vehicle registration regulation. Recovery certificates may be issued only by operators of recognized dismantlers. Operators of dismantling companies may hire only recognized outlets or recognized collection points, handed over the certificate of destruction. With issue or delivery of the proof of recycling old vehicles of only in an orderly manner allowed to according to the provisions of this regulation. This will be insured with issue or delivery of the proof of recovery.
(3) operators of receiving offices and collection points are obliged to leave vehicles only a recognised dismantling operation.
(4) operators of dismantling companies are obliged to leave residual bodies of only an approved shredder. Notwithstanding sentence 1 can authority allow for the monitoring of the removal operation after presenting an opinion of an expert (§ 6), that residual bodies be left also an other facility for further treatment.
(5) the use of old vehicles, according to the paragraphs 1 to 3 is exempt from according to § 2 para 1 No. 1 of the regulation certain accountability.

§ 5 waste disposal obligations (1) the operators make sure that based on the average vehicle empty weight of all vehicles leased per year following targets be achieved: 1. at the latest on 1 January 2006 a) reuse and recycling at least 85% by weight, b) reuse and recycling at least 80% by weight, and 2. at the latest from 1 January 2015 a) reuse and recycling at least 95% by weight, b) reuse and recycling at least 85% by weight.
(2) operators of collection points, collection points, dismantling operations, shredder and other plants for further treatment must meet the respective requirements of annex. The operators referred to in sentence 1 may only take old vehicles or residual bodies or treat when the enterprises within the meaning of § 2 para 2 are recognized.
(3) compliance with specified requirements is sentence 1 in paragraph 2 to certify by an expert (§ 6). The certificate may only be issued when the requirements of the annex are met. The attestation shall be valid for a period of 18 months at the latest. The certificate is to withdraw if he is impressed with the test carried out at least annually and check of the appropriate operational requirements of annex thereof and that the conditions for the issuing of the certificate are not met even after a set by him, three months not exceeding period by the expert. The sentences 2 and 4 shall not apply 3.2.4.1 para 3 and number 4.1.2 with regard to the fulfilment of the requirements Annex number. The expert has the revocation of the certificate, as well as the failure to satisfy of the requirements referred to in Annex number 3.2.4.1 para 3 or number 4.1.2 monitoring authority for the operation must be notified immediately. In receiving offices and collection points that are garages, the certificate is the appropriate vehicle Guild. The sentences 2 to 6 shall apply mutatis mutandis for motor vehicle companies. When checking the requirements results of tests taken into account are the 1st by an independent environmental expert or an environmental expert organisation in accordance with article 4 (3) of Regulation (EEC) no 1836/93 of 29 June 1993 allowing voluntary participation of industrial companies a Community system for eco-management and audit (OJ EC No. L 168 S. 1) or in accordance with article 3 para 2 letter d and paragraph 3 of Regulation (EC) no 761 / 2001 of the European Parliament and of the Council on the voluntary participation by organisations in a Community eco-management and audit (OJ EC No. L 114 S. 1), 2nd by one according to DIN EN 45012 accredited body within the framework of the certification of a quality management system according to DIN EN ISO 9001 or 9004 or 3. wasserrechtlicher rules have been made by experts in the context of the review of plants within the meaning of article 62, paragraph 1 of the water management act.
(4) paragraph 3 set 1 to 6 shall apply recognition pursuant to § 2 para 2 No. 2 according to.
(5) the Federal Ministry for environment, nature conservation and nuclear safety to announce recommendations for the uniform implementation of the review in consultation with the Federal Ministry of Economics and technology.

§ 6 expert certificates according to § 5, paragraph 3, sentence 1 may only grant who 1 pursuant to section 36 of the Gewerbeordnung publicly ordered is, 2. as environmental verifier or environmental expert organization on the basis of an authorisation according the articles 9 and 10, or in accordance with the § 18 of the Umweltauditgesetzes as amended by the notice of 4 September 2002 (BGBl. I S. 3490), most recently by article 10 of the law of August 11, 2010 (Gazette I p. 1163) has been modified , may be amended, in the area operate, the closer determines is section E Group 38.3 of Regulation (EC) Annex I no 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE revision 2 and amending Council Regulation (EEC) No 3037/90 of the Council, as well as some regulations of the EC on specific areas of statistics (OJ L 393 of 30.12.2006, p. 1), most recently by Regulation (EC) No 295 / 2008 (OJ L 97 of the 9.4.2008, p. 13) is has been modified in the currently valid version, or 3.
is established in another Member State of the European Union or in another Contracting State to the agreement on the European economic area, his activity in the country only temporarily and occasionally wants to exert and his qualifications before taking up the activity in accordance with the articles 13a and 13B of the Gewerbeordnung has let check; Procedures referred to in this point can be handled via a single point.

§ 7 duties of notification (1) the operators of collection points, collection points, dismantling operations, shredder and other plants for further treatment have the currently valid certificate referred to in § 5 para 3 sentence 1 including the inspection report or the applicable monitoring certificate of a technical supervision organisation or a disposal community including the audit report, as well as the according to article 27 par. 3 of the regulation of 10 September 1996 (BGBl. I S. 1382, 1997 I S. 2860) issued number of authority responsible for the supervision of the respective operating immediately to submit. Collection points or recycling places garage, are the appropriate motor vehicle Guild presents the certificate, including the test report of the authority responsible for monitoring the operation.
(2) the authorities according to § 6 for the approval of experts and expert organizations immediately announce the approvals granted by them and changes to approvals of joint Centre referred to in section 32, subsection 2, of the Umweltauditgesetzes. The Joint Centre created from this information regularly to update list and announced it publicly in an appropriate manner.
(2a) the experts according to § 6 have to submit a copy of the certificate issued by them or of the withdrawal of the certificate given by them to be implemented by the countries shared anywhere for the dismantlers recognised by them, shredder and other facilities for further treatment immediately. It must contain at least the following information: 1. name and address of the company, 2. address of the approved operation or part, 3. operating number according to § 27 ABS. 3 of the regulation for the companies referred to in paragraph 2 or operating parts, 4. communication facilities, 5. contact person, 6 competent licensing authority, 7 date of the exhibition and the expiry of the certificate.
The manufacturers dismantling businesses, which have been determined by one or more manufacturers for free take-back of old vehicles, are in addition to specify, that have governed the dismantling operation. The requirements to the sentences 1 to 3 also apply to experts, technical surveillance organizations or disposer communities who recognize the establishments referred to in sentence 1 as disposal sites. The authority referred to in sentence 1 created 3 lists to update regularly 2 No. 1 to 5 and set according to the set and announced it publicly in an appropriate manner.
(3) the expert (§ 6) shares with at least 14 days before inspection of issuing the certificate of according to § 5 ABS. 3 the verification date the authority competent for the supervision of the respective operating. Sentence 1 applies accordingly in establishments referred to in article 2, paragraph 2 No. 2.

§ 8 waste prevention (1) to promote waste prevention are 1 to limit the use of hazardous substances in vehicles and already from the concept development of vehicles as far as possible to reduce, in particular their release into the environment to prevent, to facilitate recycling and to avoid the need for the disposal of hazardous waste, 2nd in the design and production of new vehicles of dismantling , Reuse and recovery, in particular the recycling of old vehicles, their components and materials fully to take into account, 3. in the manufacture of vehicles and other products increased to use recycled material.
(2) materials and components of vehicles marketed after 1 July 2003 on the market must contain no lead, mercury, cadmium or hexavalent chromium. Sentence 1 does not apply the Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end of life vehicles (OJ in the annex II EC No. L 269, p. 34) in cases referred to in the amended under the conditions specified therein, bearing in mind the 2005/438/EC of the Commission amended the decision.

§ 9 coding standards and dismantling information (1) are manufacturers of vehicles required, in consultation with the material and supplier industry coding standards for components and materials to be determined by the Commission in accordance with article 8 para 2 of Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end of life vehicles (OJ EC No. L 269, p. 34) to use, in particular the identification of those components and materials to facilitate that can be reused or recycled.
(2) the manufacturer of vehicles are obliged to provide recognised dismantling information dismantling companies for each new vehicle type placed on the market within six months after placing on the market. In this information the different vehicle components and materials are especially with regard to achieving the objectives referred to in article 5, as well as perform the places where hazardous substances are located in the vehicle, as far as this is necessary for the dismantlers to comply with the requirements under this regulation.
(3) without prejudice to the respect of the business and operating secrets, manufacturers of vehicle components are required to provide appropriate information recognized dismantling companies on request for dismantling, storage and testing of reusable parts available.

§ 10 obligations (1) the manufacturer of vehicles are obliged to publish information about 1 in cooperation with the relevant economic operators in an appropriate manner the recoverability - and recycling-friendly construction of vehicles and their components;
2. the environmentally sound treatment of old vehicles, in particular the removal of all fluids and dismantling;
3. the development and optimization of opportunities for reuse and the material or other recycling of old vehicles and their components;
4. that at the material and other recycling to reduce the waste to be disposed, and to increase the rate of material progress and other exploitation.
The respective operators are obliged to provide the appropriate information to the manufacturers to paragraphs 2 to 4 available.
(2) the manufacturer of vehicles has to make this information available to potential car buyers. The information is to include in the promotional literature for the new vehicle.

§ 11 is number 8 of the circulatory economic law offences (1) any person in the meaning of § 69 paragraph 1, who intentionally or negligently an ELV not takes back 1 contrary to section 3, paragraph 1, sentence 1, an old vehicle not in the prescribed manner takes back 2 contrary to section 3, paragraph 1, sentence 2, 3. contrary to section 3, paragraph 6, sentence 1 does not ensure that used parts from motor vehicle repairs are taken back, 4. contrary to article 4, paragraph 1 , a vehicle, a car or a residual body leaves 3 or paragraph 4 sentence 1, 5. contrary to article 4, paragraph 2, sentence 5 brings a car of other than the stated recovery, 6 contrary to § 5 paragraph 2 sentence 1 in conjunction an ELV treated with annex point 2.1.2 sentence 1, 7 contrary to § 5 paragraph 2 sentence 1 in conjunction with Annex number 3.2.2.1 a battery not or not timely takes set 1 , a liquefied petroleum gas tank not or not timely treated or removed a part not or not timely or not or not timely disposed of makes and not or not timely harmless, 8 contrary to section 5 paragraph 2 sentence 1 in conjunction with Annex number not or not timely removes a there called operating liquid or a there called resources 3.2.2.1 set 2 or not, not in the prescribed manner or collects in a timely manner , 9 contrary to section 5 paragraph 2 sentence 1 in conjunction with Annex number 3.2.3.2 sentence 1 not or not timely removed where substances, materials or components, 10 contrary to § 5 paragraph 2 sentence 1 in conjunction with Annex number 3.2.3.3 degrades set 1 where substances, materials or components not or not timely and not or not timely expands or not or in time brings them to reuse or recycling , 11 contrary to § 5 paragraph 2 sentence 1 in conjunction with Annex number 3.2.4.1 set not or not timely supplies 6 there called materials, components or fluids of reuse or recycling, 12 contrary to § 5 paragraph 2 sentence 1 in conjunction with Annex number 4.1.1 a residual body adopts set 3 or shreds, 13 contrary to § 5 paragraph 2 sentence 1 in conjunction with Annex number 4.1.2 the stated weight percentages of recovery or recycling not providing set 1 , 14 contrary to section 5, paragraph 2, sentence 2 an old vehicle or a residual body accept or treated or brings 15 contrary to article 8, paragraph 2, sentence 1 vehicles, materials or components on the market.
(2) any person within the meaning of article 69, paragraph 2, point 15 of the circulatory economic law is who intentionally or negligently hiring not, incorrectly, incompletely or not timely certifies 1 contrary to article 4, paragraph 2, sentence 1, 2. contrary to article 4, paragraph 2, sentence 3 will issue a certificate of destruction, 3. contrary to § 4 paragraph 2 sentence 4 instructs a receiving Office or a collection point, 4. contrary to § 5 paragraph 2 sentence 1 in conjunction with Annex number 3.2.3.3 not assigned 4.1.2. sentence 1 sentence 1 or number , that the corresponding proportion was utilized, 5. contrary to article 6 grants a certificate, or 6 contrary to § 7 paragraph 1 an audit certificate or a certificate not, incorrectly, incompletely or not timely submit.

§ 12 certificates according to § 5 paragraph 3, sentence 1, which were lawfully granted upon entry into force of the regulation, transitional provisions (1) until their expiry shall continue to apply.
(2) experts and expert organizations, which no longer have the required approval on the basis of § 6 and whose training was lawfully established according to § 5 para 3 sentence 1 before entry into force of this regulation, for the issuing of the certificates may still until two months after the entry into force of the certificates grant regulation. These must be limited with a duration of no longer than six months.

Annex requirements for the acceptance and withdrawal of old vehicles, the proper and harmless recycling of old vehicles and residual bodies, as well as on the proper and harmless disposal of this waste site of the original text: Federal Law Gazette 2002 I, 2221 - 2225;
regarding the individual changes cf. footnote 1 General requirements affect the rules of sections 62, 63 of the water resources Act, as well as the legal regulation according to § 23 paragraph 1 number 6 in conjunction with section 62, paragraph 4, of the water resources Act.
2. requirements for receiving offices and collection points 2.1 General 2.1.1 outlets have the purpose to take over old vehicles to provide for the removal and recycle a recognised disassembly operation by the owner. The cooperation with the dismantling companies is to regulate through contracts.
2.1.2 outlets may not treat old vehicles, in particular not drain and disassemble. By the agreement of a suitable pickup rhythm between dismantling operation and receiving Office is to ensure that storage-related environmental damage is avoided.
2.1.3 outlets must have a required operation purpose have corresponding building permit and comply with the relevant regulations, in particular to health and safety, and environmental.
2.1.4 the adopted old vehicles may be not directly stacked layered and not on the side or on the roof lying provided. The provision has to be made, to avoid damage to fluid-carrying components (for example, oil sump, tank, brake lines) or removable parts, such as panes of glass.
The areas of delivery and provision for transport divided into 2.2 square size, square layout and equipment of receiving offices 2.2.1 which provided total area must be to believe. This surface is impermeable fabric in accordance with the generally accepted rules of technology for the requirements to attach to water law and at least a light liquid separator (E.g. According to DIN 1999 1) to drain. Roofing of the surface drainage over a light liquid separator is not required.
2.2.2 for assessment and transport of no longer roll enabled vehicles required devices must be available.
2.2.3 are binders for leaking fluids to maintain in sufficient quantities in a weather-protected storage location.
2.2.4 are adequate fire-fighting equipment to maintain.
2.2.5 by an enclosure of the system is to prevent unauthorized access.
2.2.6 in the area of the entrance is a sign with the name, address and opening hours of the operation.
2.3 documentation in an operation journal have to be recorded in writing all arrivals and departures of old vehicles. In addition are to hold: - copies of evidence of recovery of all accepted old vehicles - special events and malfunctions including the cause and the corrective measures taken.
The operating journal will request the monitoring vehicle Guild to present the expert or the competent authority. There is also the cooperation with the dismantling companies with contracts to document.
The requirements of points 2.1 to 2.3 apply 2.4 collection points for recycling places.
3. requirements to dismantlers 3.1 requirements to the construction and equipment 3.1.1 must place size and space allocation for the ELV treatment the number of accumulated old vehicles and the type of treatment adapted and selected be, compliance with the requirements of this annex.
The plant area is to integrate into the following areas: - delivery (acceptance and acquisition), input bearing for untreated old vehicles, - plants for the pretreatment of old vehicles, - storage for treated old vehicles, - disassembly, bearing for serviceable motor vehicle parts that contain no liquids, - liquid motor vehicle parts of storage for serviceable, - warehouse for solid waste recovery or disposal, storage for liquid waste recovery or disposal, camp for remaining bodies for transport , - Surface to thicken, if carried to the compaction.
The various work areas are clearly marked.
The delivered vehicles allowed are stored before their pretreatment only on surfaces, which are suitable for this.
3.1.2 to attach space equipment 3.1.2.1 which are delivery and input storage areas sufficiently measured and in accordance with the generally accepted rules of technology according to water law.
3.1.2.2 for the areas of pre-treatment, disassembly, bearing for fluids and fluid-bearing parts and surfaces for the compression are to take adequate precautions, to ensure that affected the recyclable waste in their nature and a danger to the environment is excluded, such as housing, roofing, or compression in mobile presses with integrated fall arrest system. Surfaces of the areas referred to in sentence 1 must be impermeable fabric attached in accordance with the generally accepted rules of technology according to water law. The surfaces are not covered, this must at least have a light liquid separator (E.g. According to DIN 1999 1) are drained.
3.1.2.3 has storage of treated old vehicles and residual bodies to be carried out that contamination of the soil and the water is not to get.
3.1.2.4 batteries should be stored separately in acid-proof containers or an endorheic and acid-proof area.
3.2 requirements for operation 3.2.1 of General 3.2.1.1 of the operators of the removal operation must have to build and to operate required approval under the Federal emission control act or via the showing required by section 67 of the Federal Immission Control Act and comply with the relevant regulations, in particular to the environmental and health and safety. The operation is to establish, operate and maintain compliance with the requirements of the proper and harmless recycling as well as the common welfare-friendly disposal of waste. This also applies for those dismantlers that any pollution legal approval and are therefore adapted to approve.
3.2.1.2 old vehicles may be stored before the pretreatment on the side or on the roof, to prevent the escape of liquids. A stacking is allowed only if suitable facilities exist which prevent a deformation and damage to fluid-bearing components such as brake lines, oil pans, or removable parts, such as panes of glass.
3.2.1.3 stacked, pretreated old vehicles must ensure the stability of the stack. No more than three vehicles may be stacked without special security measures.
The requirements of paragraphs 3.2.1.2 and 3.2.1.3 shall apply 3.2.1.4 for internal transport.
3.2.1.5 of the operator has to keep an operation journal writing and writing to create an operating manual. The operation journal requirements arise from the documentation requirements referred to in point 3.3. The operating manual must include in particular the provisions on the handling and storage of old vehicles, as well as working and operating instructions.
The requirements of TA waste point 5.4 (GMBl. 1991, p. 147) shall apply mutatis mutandis. In place of number 5.4.3.1 TA waste enter the requirements according to § 5 para 1 of the disposal compartment operating regulation of 10 September 1996 (Federal Law Gazette I p. 1421).
3.2.2 pretreatment 3.2.2.1 operators dismantling companies must immediately after delivery for every old vehicle - remove the batteries, - the liquid gas tank properly treat according to the manufacturer's specifications and -.
According to the requirements of the manufacturer either disassemble and can be disposed of in approved facilities or by triggering the installed render harmless the pyrotechnic components by qualified personnel.
Operators of dismantling companies must remove following fluids and equipment before further treatment and collected separately:-fuel (this includes also LPG for vehicle drive), - radiator fluid, - brake fluid, - disc washer fluid, - refrigerant from air-conditioning systems (including CFCS), - oil filter, engine oil, transmission oil, differential oil, hydraulic oil and shock absorber oil, provided no disassembly of the shock absorbers; These oils can be mixed with each other, unless they are in accordance with the used oil regulation of collecting category 1.
Sentence 2 does not apply such as engines and transmissions components should be reused as spare parts, if these are then immediately removed.
Components and materials, which can be a threat to groundwater and surface water, must be stored on the paved and covered surfaces provided for this purpose. Substances, according to the General administrative provision to the water management act on the classification of substances hazardous to water in a water hazard classes (VwVwS, BAnz. No. 98a of 29 May 1999) are classified as hazardous to the water or to classify, are filling in approved containers in accordance with the regulations adopted pursuant to the countries the handling of substances hazardous to water and specialized companies (AnlagenV - VAwS) and store.
Number 3.2.2.1 3.2.2.2 has the pre-treatment to be made after the State of the art. Drain, in particular freedom of all aggregates of drip is to achieve. All openings, fluids can escape from which are to be closed tightly. Sentence 3 may be waived if stored bodies rest on a fabric impermeable surface that corresponds to the General rules under water law.
The Federal Ministry for environment, nature conservation and nuclear safety can announce the relevant State of the art in agreement with the Federal Ministry of Economics and technology.
3.2.2.3 for the extraction of fuels are the State of the art, closed for the extraction of refrigerants systems to use. There are provisions to comply with the regulation on flammable liquids and regulations for explosion protection such as such as the Ordinance on hazardous substances, when dealing with flammable liquids.
3.2.2.4 which are storage tanks filling and the conveyor systems to equip with safety interlocks. The functionality of the aforementioned facilities is to be proven by legal technical advice. In particular for the handling and storage of water endangering substances and of dangerous substances are to create operating instructions for each individual substance.
3.2.3 removing 3.2.3.1 must be technical, organizational and personnel operation able, destructive to expand those parts of motor vehicles, which should be reused as all components or assemblies.
3.2.3.2 operators of dismantling companies must remove before further treatment following fabrics, materials and components because of their harmful and disturbing material nature: the latent heat storage according to the requirements of the manufacturer, - shock absorbers, if not mercury containing components, such as E.g. switch drained - asbestos-based components -, where practicable, - in annex II of Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end of life vehicles (OJ EC No. L 269, p. 34) components identified in the amended and materials that were brought to the 1 July 2003, - motor vehicle pollutants.
The draining is to ensure extended shock absorbers that are not reused as components from the exploitation of the metallic parts.
3.2.3.3 operators of dismantling companies must remove the following components, fabrics and materials before hiring the rest of body in a shredder or other plant for further treatment and primarily lead to the reuse or recycling: - catalysts, - weights, alloy wheels, front -, rear - and side Windows and glass roofs, - tyres, - large plastic parts such as bumpers, Hubcaps and radiator grille, if the appropriate materials for the or be separated after the shredding process in such a way , which allows a recycling, - kupfer -, aluminium - and magnesium-containing metal components, if the corresponding metals not in the or be separated after the shredding process.
3.2.4 reuse, recovery and disposal 3.2.4.1 are the materials and components from the old vehicle primarily to feed a re-use or recycling. It is to take care have a maximum percentage of the dismantled components of reuse. Brake fluid, hydraulic fluid, refrigerant from air-conditioning and radiator fluid are, as far as technically possible and economically reasonable, to feed a recovery. Waste oils are disposed in accordance with the relevant provisions of the reclamation or other disposal.
Waste recovery and waste for disposal must be stored separately in clearly marked containers.
Operators of dismantling companies must before hiring the rest of body in a shredder or other plant for further treatment at the latest on 1 January 2006 a share of averaging at least 10 relative to the sum of the weight of the vehicle empty the approved end of life vehicles and expand with weight percent average annual components, materials and fluids or remove and lead to the reuse or recycling show , the corresponding proportion was recycled. Metallic components and materials, such as residual bodies, core scrap, spare parts, and fuels are allowed when calculating rate 6 not in approach. Batteries are allowed when calculating after record 6 in approach, if it were left to a specialist disposal company certified for the recovery of such waste. Scrap tires are allowed when calculating after record 6 in approach, if recycling in a comprehensible manner is documented. The obligations will not apply after record 6 If is proven that meet the requirements of recycling in accordance with article 5, paragraph 1 No. 1 letter b in the annual average relative to the sum of the weight of the vehicle empty of adopted old vehicles in any other appropriate medium. In this case, proof of fulfilment of the obligations is under sentence 6 by all participating establishments to provide and check by an expert according to § 6.
For components, the use of benchmarks or the manufacturer's instructions is allowed to calculate after record 6.
The needs together after record 6 by several dismantlers. In this case, proof of fulfilment of the obligations is under sentence 6 by all participating establishments to provide and check by an expert according to § 6.
3.2.4.2 non-recyclable waste is to feed a public-friendly disposal. The transfer of waste for disposal may occur only if the receiving operation can prove corresponding approval.
3.2.4.3 pre-treated and dismantled old vehicles can be compacted for transportation with equipment appropriate if any component is removed for reuse or recycling more.
The old vehicles may be compressed to reduce volume on the surface provided for compacting or treated in the otherwise provided (baling press, scrap shears).
3.3 documentation 3.3.1 operator of dismantling enterprises have to lead an operation journal entry, draining, disassembly, reuse, recycling and energy recovery, thermal treatment and the other whereabouts of components, materials and substances referred to in point 3.2.1.5 according to the General requirements.
3.3.2 in this operation journal are to hold all for the operation of the plant to essential data that are required for the transparency and comprehensibility of a polluting old vehicle recycling. All incoming and outgoing volume flows with appropriate disposal certificates, Begleitscheinen, ads, and permits for the collection and transport of waste and transfer certificates and operating errors, whose cause and drawn consequences must be recorded in the operation journal.
In particular - chronologically ordered copies of evidence of recovery include 3.3.3 to the required documentation requirements, as well as the respective documents stated para 1 sentence 1, inventory and fate of the extracted substances, materials and parts according to § 7 type and quantity, - accounting of waste for recycling and to eliminate along with details of parts designated for reuse, - material flows from other parts be disposed together with the material flows from the disposal of old vehicles , - specific incidents and malfunctions, including the causes and remedial measures taken.
4. requirements for shredder and other equipment for further processing 4.1 General 4.1.1
The operator must within the scope of the regulation to build and to operate the Federal Immission Control Act according to or via the showing required by section 67 of the Federal Immission Control Act have the required approval and comply with the relevant regulations, in particular to the environmental and health and safety. The plant is to build, operate, and maintain compliance with the requirements of the proper and harmless recycling as well as the common welfare-friendly disposal of waste. Operators of Shredder may only assume residual bodies and shred, if the old vehicles in accordance with the requirements were treated 3.2.2.2 sentences 1 and 2, paragraphs 3.2.3.2 and 3.2.3.3 of annex in approved dismantling companies referred to.
4.1.2 operators by shredder to a relative to the sum of the weight of the vehicle empty from the non-metallic component of the Schredderrückstände annual average) from 1 January 2006 5% by weight of exploitation and b) from 1 January 2015 5 lead to weight percentage of recycling and another 10 weight percent of a recovery and prove that the corresponding proportion was recovered. The sum of the vehicle empty weight is calculated from the sum of the vehicle empty weight, which are identified in the collecting evidence about the individual bodies of the rest that have been adopted by a shredder in the reference year.
Is fed to the shredder light fraction of qualified preparation, the weighting of the metals it severed in the calculation can be brought pursuant to sentence 1 in approach, if this a recycling metals are added to.
The needs together for this number by several shredder. In this case, proof of fulfilment of the obligations is pursuant to sentence 1 by all participating establishments to provide and check by an expert according to § 6.
4.2 documentation 4.2.1 of a shredder operator has to keep an operation journal on recording and processing, as well as of the other whereabouts of material and material flows in writing according to the General requirements referred to in point 3.2.1.5 of annex.
4.2.2 in this operation journal are all for the operation of the plant to capture essential data that are required for the transparency and comprehensibility of an environmentally friendly use of the delivered and incurred in treating waste. Verifiable, all incoming and outgoing volume flows as well as malfunctions, their causes and consequences from this drawn must be recorded in the operation journal.
The requirements apply according to paragraphs 4.1 and 4.2 4.3 requirements to other plants for further treatment for operators of other plants for further treatment. In addition, the provisions of the permit are to comply with according to section 4, paragraph 4, sentence 2.
5. exemptions are deviations from the requirements laid down in paragraphs 2 to 4 that through other appropriate measures the well-being of the general public - measured is not affected to the requirements of this regulation, permitted, if proof is provided. The competent authority in regard to the issuing of the certificate upon request decides on the admissibility of deviations according to § 5 ABS. 3. *) to obtained from Beuth-Verlag GmbH, Berlin.