(1)The Communication of the Commission of 11 December 2019 on ‘The European Green Deal’37 (the ‘European Green Deal’) is Europe’s growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy where there are no net greenhouse gas emissions in 2050 at the latest and where economic growth is decoupled from resource use. In order for the Union’s product policies to contribute to lowering carbon emissions on a global level, it needs to be ensured that products marketed and sold in the Union are sourced, manufactured and treated at their end-of-life in a sustainable manner.

__________________

37 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, The European Green Deal (COM(2019)0640).

(2)The automotive sector is an important contributor to the use of energy and material resources by the Union, and hence to the generation of greenhouse gases. The production of vehicles in third countries that are placed on the Union market contributes to the generation of global greenhouse gases, which in turn has a negative environmental impact on the Union. A shift from the use of fossil fuels in vehicles to zero emission mobility, as foreseen in the Fit for 55 package, is one of the prerequisites for reaching the climate neutrality goal in 2050. It will reduce the emissions of greenhouse gases from the automotive sector linked to the use phase of vehicles. The automotive industry is one of the largest users of primary aluminium, steel and plastics, linked to the manufacturing of new vehicles placed on the Union market. This can represent a significant environmental impact, linked to the energy required for the extraction and processing of these materials. The environmental footprint linked to the manufacturing of new vehicles could increase with the ongoing electrification of the fleet, the ongoing growth in size and weight of the vehicles, as well as due to more widespread use and complexity of electronics in future models, which both require a considerable amount of critical and strategic raw materials and precious metals, such as copper and rare earth elements. The result of these changes is that the production phase could have a larger environmental footprint than the use phase of vehicles, and that the industry could become more and more reliant on imports of critical raw materials and vulnerable to supply disruptions, and hence lose competitiveness. In addition, the current requirements in Union law on waste management result in a suboptimal recovery of resources from end-of-life vehicles, and there is high potential to increase the quantity and quality of parts, components and materials to be repaired, re-used, remanufactured, refurbished, retrofitted or recycled from vehicles both during the use phase and at the end-of-life vehicles. To address these environmental impacts and contribute to the decarbonisation of the sector, and support competitiveness by increasing the resilience of the automotive industry, it is necessary to improve the functioning of the single market and enhance the transition of the automotive industry to a circular economy. This is in line with Communication of the Commission of 11 March 2020 on ‘A new Circular Economy Action Plan – For a cleaner and more competitive Europe’38 which called for a revision of the current rules to “promote more circular business models by linking design issues to end-of-life treatment, consider rules on mandatory recycled content for certain materials, and improve recycling efficiency”. This is also in line with Regulation (EU) 2024/1252 of the European Parliament and of the Council38a. The Council39 and the Parliament40 also stressed the need for new Union rules on these matters, replacing the existing rules on type approval of vehicles when it comes to re-usability, recyclability and recoverability and on end-of-life vehicles.

__________________

38 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 March 2020, A new Circular Economy Action Plan – For a cleaner and more competitive Europe (COM(2020)0098).

(6)Regulation (EU) 2018/858 of the European Parliament and of the Council44 introduced a comprehensive type-approval and market surveillance system for motor vehicles, trailers, and for systems, components and separate technical units intended for such vehicles with a view to ensuring the proper functioning of the single market and in order to offer a high level of environmental performance. There is a need for a separate regulatory act for the purposes of the EU type-approval procedure laid down in Annex II to Regulation (EU) 2018/858. It is necessary to lay down provisions and requirements on the circularity of vehicles in the process of EU type approval. To ensure the compliance of vehicles with those requirements it is necessary to ensure their verification in the EU type-approval process. The administrative provisions of Regulation (EU) 2018/858, including the provisions on market surveillance, corrective measures and penalties, apply to type approvals issued this Regulation. The administrative provisions of Regulation (EU) 2018/858, including the provisions on market surveillance, corrective measures, safeguard clauses, and penalties, apply to type approvals issued in compliance with the requirements of this Regulation.

__________________

44 Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).

(7)In order to improve the functioning of the single market, while ensuring a high level of protection of the environment, it is essential to harmonise the conditions for the type-approval of vehicles when it comes their reusability, recyclability and recoverability, as well as the conditions governing waste management in the automotive sector and the export of used vehicles. There are intrinsic links between the production stage and the end-of-life treatment of vehicles, as the environmentally sound treatment of end-of-life vehicles depends to a large extent on how vehicles are designed and constructed in the first place. The most efficient way of facilitating the transition of the automotive sector to a circular economy is therefore to establish a uniform regulatory framework at the Union level, covering in an integrated and consistent manner the design, manufacturing, placement on the market in the Union and end-of-life treatment of vehicles. This is also essential for the development of the Union market for secondary raw materials which are included in new vehicles placed on the market, as well as to avoid barriers to trade and distortions of competition, ensure legal clarity and improve the environmental performances of all of the economic operators involved in the design, production and end-of-life treatment of vehicles. In order to achieve these objectives and the necessity to have uniform rules for the single market driven by environmental concerns, and in line with the overall Union legislation on type-approval for motor vehicles, Directive 2000/53/EC and Directive 2005/64/EC should be replaced by a Regulation, based on Article 114 of the on the Functioning of the European Union (TFEU).

(8)Directives 2000/53/EC and 2005/64/EC apply only to passenger vehicles (M1) and light commercial vehicles (N1), which constitute approximately 85 percent of all vehicles registered in the Union. The remaining vehicles, namely two- and three- wheel vehicles, lorries, busses and trailers, are not subject to any Union legislation concerning their eco-design and management at their end-of-life stages. Therefore, in order to ensure a circular framework for all vehicles registered in the Union, including their environmentally sound treatment, as well as to prevent fragmentation of the single market, this Regulation should apply not only to vehicles of categories M1 and N1, but, partially, also to L-category vehicles heavy-duty vehicles and their trailers (M2, M3, N2, N3, O). There is a lack of comprehensive information regarding the treatment of such vehicles at their end-of-life in the Union, which prevents from applying to them the same regime as the one applying to M1 and N1 vehicles upon entry into force of this Regulation. However, the requirements regarding the collection of end-of-life vehicles, their mandatory delivery to authorised treatment facilities for treatment as well as their depollution should apply to both L-category vehicles and heavy-duty vehicles and their trailers (M2, M3, N2, N3, O). To facilitate treatment of these end-of-life vehicles, their manufacturers should be required to provide information on the removal and replacement of parts, components and materials from such vehicles. Also, the provisions governing the extended producer responsibility should apply to these vehicle categories, covering the costs of their collection and depollution at their end-of-life. Moreover, additional requirements should apply to L-category vehicles, such as on labelling, on mandatory removal or on reuse, remanufacturing and refurbishment.

(10)Special purpose vehicles are designed to perform a specific function and require special bodywork arrangements which are not entirely under the control of the manufacturer. Consequently, the reusability, recyclability and recoverability rates cannot be calculated properly. For those vehicles only the provisions concerning the collection, depollution and mandatory removal for parts and components should apply. Costs of conducting these activities should be covered by producers within the extended producer responsibility scheme. Provisions concerning substances in vehicles should also apply to special-purpose vehicles, as it is under Directive 2000/53/EC. However, special purpose vehicles produced by small-volume manufacturers should be fully excluded from the scope of this Regulation. The second stage manufacturer of vehicles, such as those producing the bodywork, that have been type-approved in multi-stage type-approval is not in a position to calculate the reusability, recyclability and recoverability rates for completed vehicles. It is therefore appropriate to require only the base vehicle to comply with this Regulation at this stage. As a consequence, the bodywork of multistage vehicles that is not included in the base vehicle should not be included in the scope of the extended producer responsibility.

(11)One of the biggest practical challenges related to the application of Directive 2000/53/EC concerns the determination whether or not a vehicle has become an end-of-life vehicle, in cases of transboundary shipments and exports of vehicles. Despite the issuance of guidance46 on this issue, such assessment remains problematic. It is therefore necessary to provide legally-binding precise criteria allowing to determine an end-of-life vehicle. Those criteria should be used by all relevant competent authorities, economic operators and vehicle owners dealing with end-of-life vehicles.

__________________

46 Correspondents' Guidelines No 9 on shipment of waste vehicles,https://ec.europa.eu/environment/pdf/waste/shipments/correspondents_guidelines9_en.pdf

(13)Addressing the design of all vehicles placed on the Union market as well as their end-of-life stage requires the setting up of harmonised circularity requirements verified at the type-approval stage. Designing and manufacturing vehicles to ensure that their parts and components are reusable, and the materials that they contain are recyclable, is essential to avoid that these parts, components and materials cannot be properly valorised when a vehicle reaches the end of its life. Therefore, vehicle manufacturers and their suppliers should integrate design strategies that improve reusability and recyclability at an early stage in the development of new vehicles. Accordingly, new vehicle types should continue to be constructed so as to be reusable or recyclable to a minimum of 85 percent by mass and reusable or recoverable to a minimum of 95 percent by mass, as already foreseen in Directive 2005/64/EC. In order to ensure that the calculation of the reusability, recyclability and recoverability rates is done in a uniform manner and can be monitored, a new methodology for calculation and verification of the rates of reusability, recyclability and recoverability of a vehicle should be established. This methodology should better reflect the actual potential of a new vehicle to be recycled, reused and recovered at the end-of-life, while taking into account the ongoing technological progress. In order to ensure uniform conditions for the implementation of this Regulation implementing powers should be conferred on the Commission to establish such methodology taking into account standard ISO 22628:2002. Until such methodology is established, the rates of reusability, recyclability and recoverability should continue to be calculated in accordance with the standard ISO 22628:2002, as in Directive 2005/64/EC. The Commission should aim that the relevant UN methodology is updated accordingly to prevent conflict with Union methodology and reduce the burden on manufacturers.

(15)Directive 2000/53/EC already restricts the use of lead, mercury, cadmium and hexavalent chromium in vehicles and provides exemptions, where such substances may be used in certain applications. This Regulation should take over these existing rules. However, in order to ensure the coherence of legislation on chemicals, restrictions regarding placing on the market and use of other substances in vehicles should be addressed under Regulation (EC) No 1907/2006 of the European Parliament and of the Council48 . Similarly, restrictions on the use of substances regulated in Regulation (EU) 2019/1021 of the European Parliament and of the Council49 , should be respected based on provisions of that Regulation.

__________________

48 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

49 Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (OJ L 169, 25.6.2019, p. 45).

(16)Directive 2000/53/EC provides exemptions to the restrictions on the use of lead and cadmium in batteries used in vehicles, which are taken over by this Regulation. However, the use of substances in batteries is comprehensively regulated in Regulation (EU) 2023/1542 of the European Parliament and of the Council50 . Therefore, such substances should be addressed and eventually their restrictions and related exemptions transferred, as appropriate, to that Regulation and should not be regulated in this Regulation. Prior to introducing such restrictions under Regulation (EU) No 2023/[Batteries], a comprehensive assessment should be carried out under that Regulation to evaluate, if an exemption is still required and in what scope.

__________________

50 Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC (OJ L 191, 28.7.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/1542/oj).

(17)In order to take account of scientific and technical progress, the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should continue to be delegated to the Commission in respect of amending exemptions from restrictions on the use of lead, mercury, cadmium and hexavalent chromium in vehicles under this Regulation. Modifying or deleting such exemptions should be preceded by an assessment of the socio-economic impacts of such change, which is absent in the Directive 2000/53/EC, including consideration of the availability of alternative substances and the impacts on human health and the environment across the lifecycle of vehicles. Before adopting such a delegated act, the Commission should consult relevant experts and stakeholders to ensure that wider socio-economic impacts, alongside the human and environmental health effects are taken into account. To ensure effective decision-making, coordination and management of the technical, scientific and administrative aspects of amending this Regulation with respect to restrictions on use of substances in vehicles, the European Chemicals Agency should assist the Commission in such assessment.

(18)To increase circularity in the automotive sector, vehicles should progressively be designed and manufactured in such a way which incorporates recycled materials instead of primary raw materials while maintaining the safety performance of vehicles. The use of recycled materials allows for a more resource-efficient use of materials, decarbonises production and reduces negative environmental impacts related to the use of primary raw materials. Increased circularity for the vehicles manufactured in third countries that are placed on the Union market will also contribute to reducing greenhouse gas emissions globally, including the Union. It also strengthens the Union’s strategic autonomy and competitiveness by reducing raw material and energy dependencies linked to the supply of primary raw materials, particularly by contributing to retain valuable critical raw materials within the Union and at the same time reinforcing the market for secondary raw materials. Although there are no requirements concerning the use of recycled content on a global level, many manufacturers have already incorporated recycled materials in their vehicles. Establishing targets and uniform provisions on how to calculate the recycled content will provide legal certainty and contribute to creating fair competition between manufacturers. The requirements will apply to all manufacturers intending to place vehicles on Union’s market, including through online marketplaces, irrespective of where they are based, Acknowledging the importance of global value chains in the automotive sector, the Regulation should allow for sourcing the secondary raw materials from outside the Union. The transition towards the circular economy in the automotive sector should be accompanied by measures that safeguard job security and create new employment opportunities. This Regulation should be able to support workers through a just transition, by integrating social, economic, and environmental sustainability aspects.

(19)In view of the low recycling rate for plastics, especially from end-of-life vehicles, and the overall negative impacts of other forms of treatment of plastic waste, it is appropriate to increase the uptake of recycled plastics in vehicles. To this end, a mandatory target for plastic recycled from post-consumer waste should be included in new vehicles. Accordingly, each vehicle type should contain 20 percent of plastic recycled from post-consumer plastic waste. 15 percent of this recycled content target for plastics should be achieved by including plastics recycled from end-of-life vehicles in the vehicle type concerned. To ensure the necessary long-term perspective for the industry and unlock investments, manufacturers should at a later stage meet a target of at least 25 per cent of plastic recycled from post-consumer plastic waste, unless the lack of availability or excessive prices of necessary recycled plastics makes compliance with this target excessively difficult. To offer sufficient flexibility to reach these targets, manufacturers should also be able to meet up to maximum of 50 percent thereof by using pre-consumer waste.

(20)The automotive sector is one of the biggest users of steel and the current uptake of recycled steel in new vehicles remains low. In order to contribute to lowering the carbon footprint linked to the production of new vehicles and support the move of the automotive industry towards climate neutrality, a target for integrating recycled steel from ferrous scrap in new vehicles should be set. In addition, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of establishing a minimum share of steel recycled from ferrous scrap including flat and long carbon steel and stainless-steel product families, to be present and incorporated into vehicle types. The establishment of a future target should be preceded by a dedicated study by the Commission covering all relevant technical, environmental and economic factors linked to the feasibility of such target, also including impacts on other steel using sectors and global greenhouse gas emissions. It is important to distinguish between various steel product families within the vehicle, as they are produced using different technologies that have various constraints for the utilisation of ferrous scrap regarding their ability to tolerate copper content and other unintended tramp inclusions. In order to supplement certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of establishing a methodology for the calculation and verification of the share of steel recovered from ferrous scrap present in and incorporated into the vehicle type.

(21)There is a potential to increase the use of recycled content in vehicles for other materials commonly used by the automotive industry for which markets for secondary raw materials are underdeveloped, the footprint linked to the production of primary raw materials is high or recycling levels are limited, while sorting and recycling technologies are improving. It is therefore appropriate for the Commission to assess the desirability, feasibility and impacts of setting out targets on recycled content of neodymium, dysprosium, praseodymium, terbium, samarium, boron used in permanent magnets or magnesium and its alloys. For the feasibility of potentially setting targets on specific types of aluminium and magnesium alloys, the study should address the matching of demand by secondary supply in general and in particularly investigate the trade-off between maximising economies of scale by specifying a minimum number of alloy families versus maximising value retention by sorting into a wider range of specific alloy types.

(22)In order to boost the underdeveloped markets for secondary raw materials, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of establishing a minimum share of establishing a minimum share of magnesium and its alloys, neodymium, dysprosium, praseodymium, terbium, samarium or boron recycled from pre- and post-consumer waste that shall be present in and incorporated into the vehicles types. In order to supplement certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of establishing a methodology for the calculation and verification of the shares of the materials recycled from pre- and post-consumer waste in vehicle types. The methodology is necessary to clarify the definitions of post-consumer scrap and pre-consumer scrap. This is relevant to incentivise the improvement of quality and the retainment of value, in particular for post-consumer fractions. In order to promote decarbonisation via the use of more recycled content, clear definitions are necessary to incentivise the recycling of post-consumer scrap, while minimising the use of pre-consumer scrap, which usually carries the same carbon footprint as the primary raw material.

(23)In line with the requirements of Regulation (EU) 2024/1252, and considering that it is necessary to establish in this Regulation provisions on recycled content in vehicles and on critical raw materials used in parts and components of vehicles, those provisions should apply as the sector specific implementation of the provisions contained in Regulation (EU) 2024/1252. This will ensure streamlining and integrating various information, labelling and removal obligations under the procedures of this Regulation with those for other parts, components and materials.

__________________

(24)In order to ensure that batteries are recycled in accordance with the requirements of the Regulation (EU) 2023/1542, and that e-drive motors, which contain important quantities of rare earth elements, can also be replaced and recycled, it is necessary to introduce design requirements for new vehicle types, ensuring that these batteries and e-drive motors can be removed in a readily manner by authorised treatment facilities or repair and maintenance operators during any phase of the life-cycle of a vehicle. The Commission should also encourage the development of standards for design and assembly techniques that facilitate the maintenance, repair and repurposing of batteries and battery packs. More broadly, to maximise the potential for replacement, reuse, recycling, remanufacturing or refurbishing of vehicle parts and components, and to minimise waste, vehicles should be designed in a manner that enables the removal of as many parts and components as possible. The notion of technical feasibility should be interpreted in a manner that supports and facilitates those objectives, while recognising that, in certain cases, safety or functional requirements of a part can justify alternative solutions that limit the removability of a part or component. In such instances, manufacturers should demonstrate the necessity of such a choice. In order to take into account technical and scientific progress, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending this Regulation by revising the list of parts and components that are to be designed for removal and replacement from vehicles. In order to ensure uniform conditions for the implementation of this design requirement, implementing powers should be conferred on the Commission.

(26)In order to ensure that manufacturers of passenger cars and light commercial vehicles put in place actions to ensure that they meet the circularity requirements under this Regulation, and to incentivise them to improve the circularity of the vehicle types they place on the market, they should draw up a comprehensive circularity strategy at manufacturer level and provide it to the Commission. However, manufacturers should also be able draw up a circularity strategy by vehicle category. This strategy should not result in disproportionate burdens on manufacturers and should be periodically updated. The Commission should regularly report on the circularity of the automotive sector based on the circularity strategies provided by the manufacturers.

(28)Access to up-to-date information and timely communication between vehicle manufacturers and waste management operators across the automotive value chain are essential to maximise reuse, remanufacturing and refurbishment of parts and components of a vehicle and to ensure high-quality recycling of end-of-life vehicles. Therefore, manufacturers should provide to waste management operators and repair and maintenance operators as well as emergency services, unrestricted, standardised and non-discriminatory access to information, referred to in paragraph 66 of the Commission notice of 28 May 2010 on supplementary guidelines on vertical restraints in agreements for the sale and repair of motor vehicles and for the distribution of spare parts for motor vehicles, enabling safe removal and replacement of certain parts, components and materials present in a vehicle. The information should guide the waste management operators and repair and maintenance operators through the steps and provide clear instructions on the use of tools or technologies required to access and remove electric vehicle batteries and their battery packs, including the tools or technologies enabling their safe discharge, and e-drive motors. This information should also help to identify, locate and remove the parts, components and materials, that should be depolluted and removed from the vehicle prior shredding, as well as parts and components, containing the critical raw materials in permanent magnets referred to in Regulation (EU) 2024/1252. It is important that intellectual property rights are duly respected, ensuring that access to technical information does not compromise proprietary technologies or trade secrets. This should be done through communication platforms established by manufacturers and the information should be provided free of charge, excluding non–prohibitive administrative costs. The type-approval authorities should verify that the required information has been submitted by the manufacturers. Taking into account the need to support the vehicles retrofitting as a way to reduce emissions, extend vehicle lifespans, and promote sustainability, manufactures should also ensure a proper cooperation with retrofit operators.

(29)While digital coding is increasingly used to control different parts and components in vehicle, the evaluation of Directive 2000/53/EC identified that such coding could impede the reuse, remanufacturing and refurbishment potential of certain parts and components. It is therefore essential that vehicle manufacturers are requested to provide information allowing professional waste management operators and repair and maintenance operators to overcome the problems posed by these digitally coded parts and components in a vehicle, where such coding prevents repair, maintenance or replacement operations in another vehicle.

(31)In order to facilitate the end-of-life treatment of vehicles, vehicle manufacturers should provide, via digital tools, accurate, complete and up-to-date information on the safe removal and replacement of vehicle parts and components. A Digital Circularity Vehicle Passport should therefore be developed and made available as a data carrier for such information, in a manner that is consistent with other digital information tools and platforms that already exist or are in further development in the automotive sector on the environmental performance of vehicles and aligned with corresponding provisions in the Regulation (EU) 2023/1542, the Regulation (EU) 2024/1781 of the European Parliament and of the Council54 and the Regulation (EU) 2024/1257 of the European Parliament and of the Council55 . In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to lay down the technical design and operation requirements for the passport and rules on location of the data carrier or other identifier enabling accessing the passport on the vehicle. When laying down the rules for the digital vehicles circularity passport the Commission should take into account the need for the high level of security and privacy including on vehicles’ operating data to prevent cybersecurity threats.

__________________

54 Regulation (EU) 2024/1781 of the European Parliament and of the Council of 13 June 2024 establishing a framework for the setting of ecodesign requirements for sustainable products, amending Directive (EU) 2020/1828 and Regulation (EU) 2023/1542 and repealing Directive 2009/125/EC (OJ L, 2024/1781, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1781/oj).

55 Regulation (EU) 2024/1257 of the European Parliament and of the Council of 24 April 2024 on type-approval of motor vehicles and engines and of systems, components and separate technical units intended for such vehicles, with respect to their emissions and battery durability (Euro 7), amending Regulation (EU) 2018/858 of the European Parliament and of the Council and repealing Regulations (EC) No 715/2007 and (EC) No 595/2009 of the European Parliament and of the Council, Commission Regulation (EU) No 582/2011, Commission Regulation (EU) 2017/1151, Commission Regulation (EU) 2017/2400 and Commission Implementing Regulation (EU) 2022/1362 (OJ L, 2024/1257, 8.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1257/oj)..

(33)This Regulation builds on the waste management rules and general principles laid down in Directive 2008/98/EC, which should be adapted to reflect the specific nature of end-of-life vehicles. In order to guarantee the safe and environmentally sound treatment of end-of-life vehicles, any establishment or undertaking intending to perform waste treatment operations including collection, depollution and removal of parts and components of these vehicles should obtain an authorisation from the competent authority. The authorisation should be granted only if the establishment or undertaking has the technical, financial and organisational capacity needed to carry out the end-of-life treatment operations for vehicles in a manner that complies with the applicable EU and national law, including the specific treatment requirements established in this Regulation. Additionally, authorised treatment facilities should be the sole to have the competence to issue certificates of destruction in accordance with this Regulation.

(35)In order to facilitate monitoring of compliance of producers with their extended producer responsibility obligations, Member States should establish a register of producers or use an existing register. The registration requirements should be harmonised across the Union to facilitate registration, in particular where producers make vehicles available in different Member States. The register should be also used for the purposes of reporting to competent authorities on the performance of extended producer responsibility obligations. The features and procedural aspects linked to this register should also be consistent with the register of producers established by Regulation (EU) 2023/1542, to enable producers of vehicles and producers of batteries to use one and the same register. In order to facilitate the registration of producers in all Member States, the Commission should also establish a single portal containing the links to all national registers.

(36)In case the producer makes vehicles available on the market for the first time within a territory of a Member State, where the producer is not established, the producer should designate an authorised representative for the extended producer responsibility.

(37)Producers should be able choose whether they will exercise their extended producer responsibility obligations individually or collectively, by means of producer responsibility organisations taking responsibility on their behalf. Producer responsibility organisations should ensure the confidentiality of data provided to them by producers. In order to ensure that the interests of all economic operators are properly taken into consideration and avoid that waste management operators are placed at a disadvantage in the decisions taken in extended producer responsibility schemes, a fair representation of producers and waste management operators should be ensured in the governing bodies of such organisations. In particular, waste management operators should be selected in a non-discriminatory procedure based on transparent award criteria.

(39)The financial contributions of producers should among others cover the costs of educational campaigns aimed to inform the public and increase the collection of end-of-life vehicles or the gathering and reporting of data to the competent authorities.

(42)As vehicles often become end-of-life vehicles in a different Member State than in the Member State where they were registered for the first time, it is necessary to introduce rules on cross-border extended producer responsibility. These rules should ensure that the responsibility of the producer properly covers the collection and treatment costs incurred by the waste management operators in the Member State where the vehicle becomes an end-of-life vehicle, but at the same time ensuring that the producer is not paying the fee twice. To this end, producer should appoint a representative for the extended producer responsibility in each Member State and set up mechanisms for cross-border cooperation and transfer of costs with relevant waste management operators. Introducing such a mechanism contributes to creating a level playing field between the authorised treatment facilities across the Union and facilitates the development of Union wide approaches in case of individual producer responsibility.

(44)A key prerequisite for the sound treatment of end-of-life vehicles is that all end-of-life vehicles are collected. Therefore, this Regulation should impose certain obligations linked to the collection primarily on the producers and, secondarily, on the Member States. Producers should ensure that all end-of-life vehicles that they have made available on the market in the territory of a Member State are collected. To that end, producers or producer responsibility organisations should set up or participate in setting up the collection systems, including collection points and Member States should adopt all necessary measures to ensure that the systems are in place and that those systems enable meeting the objectives of this Regulation. The collection systems should enable vehicle owners and other vehicle holders to deliver the vehicle to an authorised facility without unnecessary efforts or costs. This means in practice that such systems should appropriately cover the whole territory of each Member State and ensure adequate availability of authorised treatment facilities and collection points. They should also allow for collection of all brands of end-of-life vehicles, as well as of waste parts from repair of vehicles.

(46)In order to effectively collect all end-of-life vehicles it is necessary to inform the public on the existence of collection systems. Vehicle owners should be aware that they can in principle deliver an end-of-life vehicle, with or without the electric vehicle battery, to a collection point or authorised treatment facility free of charge. In the case of a missing electric vehicle battery, the delivery of the end-of-life vehicle should remain free of charge if the last owner provides documentation to prove that the battery has been handled by a professional operator in accordance with Regulation (EU) 2023/1542. The educational campaign by producers or producer responsibility organisations should also present the consequences for the environment and human health of improper collection and treatment of end-of-life vehicles.

(47)The authorised treatment facility should be responsible for issuing a certificate of destruction to document that an end-of-life vehicle was treated. This is necessary to ensure a proper supervision of management of end-of-life vehicles. The minimum requirements for this certificate are currently laid down in Commission Decision 2002/151/EC57 and the content of this Decision should be included in this Regulation, with necessary adaptations. This certificate should be issued in an electronic format and provided to the last owner of an end-of-life vehicle, and then transmitted by the authorised treatment facilities and the last owner to the relevant authorities of the Member State, as its presentation allows for cancelling the registration of a vehicle. The electronic notification system should enable transmitting both the document confirming collection of end-of-life vehicle and the certificate of destruction.

__________________

57 Commission Decision 2002/151/EC of 19 February 2002 on minimum requirements for the certificate of destruction issued in accordance with Article 5(3) of Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles (OJ L 50, 21.2.2002, p. 94).

(48)Despite an obligation in Directive 2000/53/EC to transfer all end-of-life vehicles for treatment to an authorised treatment facility, there is a very significant share of vehicles whose whereabouts are unknown, and which might have been either illegally treated or exported as end-of-life vehicles, or whose status is not properly reported to the Member States registration authorities. Such vehicles are referred to as “missing vehicles”. Member States should also strengthen national measures and their cooperation so as to reduce the number of missing vehicles. Recognition of certificates of destruction issued in another Member State and obligation to inform the authorities of the Member States, where the vehicle is registered, that a certificate of destruction is issued, should allow for better tracking of end-of-life vehicles’ whereabouts.

(51)In view of the key role of authorised treatment facilities in managing end-of-life vehicles in a way that does not adversely affect the environment or human health and contributes to the achievement of circular economy objectives of the Union and is economically justifiable, it is necessary to lay down obligations applying to such facilities and covering all their activities, from acceptance and storage of an end-of-life vehicle until its final treatment.

(52)In order to ensure traceability on their activities, including quality of scrap or other relevant input materials, the authorised treatment facilities should document the performed treatment operations and electronically store the record for a minimum of three years, and be able to present it, upon request, to relevant national authorities.

(53)The depollution of an end-of-life vehicle is the first step towards preventing damage to the environment, human health and risks to work safety. It is therefore essential that an end-of-life vehicle undergoes the necessary depollution operations as soon as possible after its delivery to the authorised treatment facility, before the end-of-life vehicle is treated any further. In this phase, waste oils should be collected and stored separately from the other fluids and liquids, and be further treated in accordance with Directive 2008/98/EC. Air-conditioning system fluids used in thermal management systems should also be collected and stored separately from other fluids and, where feasible, recycled or reclaimed and reused. In addition, the parts, components and materials containing lead, cadmium, mercury and hexavalent chromium, should be removed from the end-of-life vehicle, to avoid adverse effects on humans or the environment.

(54)In order to ensure a proper implementation of Regulation (EU) 2023/1542, all batteries incorporated in vehicles are to be separately removed from an end-of-life vehicle and stored in a designated area for further treatment.

(55)In order to maximise the potential of reuse, remanufacturing and refurbishment of parts and components, and preserve a high value for the secondary materials which derive from end-of-life vehicles, certain parts and components should mandatorily be removed from an end-of-life vehicle prior to shredding. The parts and components concerned should be removed in a manual dismantling process or a semi-automated disassembly process. It should be possible to deviate from the requirement on mandatory removal of parts and components in certain exceptional cases, inter alia, if there is no market potential for reuse, remanufacturing or refurbishment or if the authorised treatment facility can demonstrate that the parts and components concerned can be removed as effectively with those technologies than as with manual or semi-automated processes and without lowering the quality of the resulting treatment fractions. For that purpose, criteria for shredding with other waste and limit values to enhance the quality of the output fractions should be defined by the Commission. In order to take into account technical and scientific progress, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending Annex VII and of supplementing this Regulation by setting up quality requirements for the shredding output fractions.

(57)Regulation (EU) 2023/1542 sets out rules on the sustainability, performance, safety, collection, recycling and second life of batteries as well as on removal information about batteries for economic operators. The potential for a second life of batteries should be taken into consideration in this Regulation by excluding the electric vehicle battery from the essential parts or components’ to allow for handing over the vehicle for treatment, free of charge, without the electric vehicle battery if the last owner provides documentation which proves that the battery has been handled by a professional operator in accordance with Regulation (EU) 2023/1542.

(58)Recognising the potential of remanufacturing and refurbishment in the automotive sector, and their contribution towards circular economy, it is necessary to provide legal clarity to the economic operators involved in this sector. It should therefore be clarified that parts and components removed from an end-of-life vehicle or during the use phase of a vehicle, including those removed during a repair and maintenance operation, which are suitable for reuse, remanufacturing, or refurbishment, should not be considered waste. This is necessary to facilitate the shipment, transportation or any other transfer of such parts and components. On the other hand, parts and components not suitable for reuse, remanufacturing or refurbishment should be considered as waste and their export should be subject to Regulation (EU) 2024/1157 of the European Parliament and of the Council1a. The relevant national authorities should be in position to request documentation, from the authorised treatment facility that removed the part or component concerned, that confirms, via a dedicated assessment, the technical suitability of the relevant parts and components for remanufacturing, refurbishment, or reuse.

(61)In order to encourage the development and proper functioning of the market for reusable, refurbished, retrofitted and remanufactured parts and components in the Union, Member States should be encouraged to take the necessary incentives at the national level to promote the reuse, refurbishment, retrofitting and remanufacturing of parts and components, whether they are removed during the use or end-of-life phase of a vehicle. The Commission should facilitate the exchange of information among Member States by sharing their best practices on the incentives taken at the national level, with a view to monitoring their effectiveness. The exchange of data should be done without undue delay.

(63)The recycling of all plastics from end-of life vehicles should be continuously improved, and it is important to ensure a sufficient supply of recyclates to meet the demand for recycled plastics in vehicles. It is therefore necessary to lay out a specific recycling target of 30 percent of plastics from end-of-life vehicles. This target would be complementary to the targets for (85 percent) of end-of-life vehicles as well as re-use and recovery (95 percent) of end-of-life vehicles by average weight per vehicle and year. To facilitate the implementation of those requirements by waste management operators, a transitional period of three years is needed. In the meantime, the current targets for the re-use and recycling (85 percent) as well as re-use and recovery (95 percent) of end-of-life vehicles, as established by the Directive 2000/53/EC, and based on the definition of recycling in that Directive, should continue to apply. The weight of the plastic recycled and the total weight of plastics should exclude elastomers as well as thermosets other than polyurethane foams.

(64)It is important to increase the recovery of high-quality secondary materials by improving shredding processes of end-of-life vehicles. Therefore, end-of-life vehicles, their parts, components and materials should be allowed to be processed in a shredder in combination with packaging waste and waste electrical and electronic equipment, only if certain criteria output material quality criteria are fulfilled.

(66)End-of-life vehicles are classified as hazardous waste and cannot be exported to non-OECD countries. Depolluted end-of-life vehicles may still be treated outside the Union, provided that those depolluted end-of-life vehicles are shipped in compliance with Regulation (EU) 2024/1157.

(67)In case an end-of-life vehicle is shipped from the Union to a third country, the exporter should provide documentary evidence approved by the competent authority in the destination country, confirming that the treatment conditions are considered equivalent to the requirements of this Regulation and to human health and environmental protection requirements laid down in other Union legislation, in line with Regulation (EU) 2024/1157. In order to distinguish between shipments of used vehicles and end-of-life vehicles, the competent authorities of the Member States should be able to carry out inspections when they suspect that vehicles declared as used are in fact end-of-life vehicles. Where such inspections confirm that the vehicles in question qualify as end-of-life vehicles, the costs of the inspection and any related storage may be charged to the economic operator responsible for the shipment.

(68)In order to ensure that end-of-life vehicles are treated in an environmentally sustainable manner, it is important to establish clarity on a vehicle’s status throughout its entire life, particularly in situations when there is a need for distinguishing used vehicles from end-of-life vehicles. When the ownership of a used vehicle is transferred by an economic operator within the Union, the economic operator should inform the acquiring person that the vehicle is not an end-of-life vehicle by providing a roadworthiness certificate or by informing that the vehicle meets the established reparability criteria. A vehicle owner that intends to export a used vehicle outside the Union, should be required to provide documentation that the vehicle is not an end-of-life vehicle. That documentation should consist either of a valid roadworthiness certificate or, where such a certificate is not available, of an assessment carried out by competent authorities responsible for the roadworthiness certificates. To assess the status of a used vehicle, the vehicle owner, other economic operators and competent authorities should verify if certain criteria determining whether or not the vehicle concerned is an end-of-life vehicle are met.

(69)The EU Action Plan: “Towards Zero Pollution for Air, Water and Soil”59 stressed the need for the Commission to propose new measures to address the Union’s external environmental footprint linked to the export of end-of-life vehicles and used vehicles. Taking into account that the export of used vehicles raises important environmental and public health challenges as documented by the UN Environmental Programme60 , and that the Union is the biggest exporter of used vehicles worldwide, it is necessary to lay out specific requirements at Union level governing the export of used vehicles [from the Union]. The requirements should be based on objective criteria according to which a used vehicle is not an end-of-life vehicle or is to be roadworthy pursuant to Directive 2014/45/EU of the European Parliament and of the Council61 and is to be included in a national vehicle registry. This should ensure that only used vehicles which are suitable to be driven on the Union roads can be exported to a third country, thereby reducing risks that the export of used vehicles from the Union contributes to air pollution or road accidents in third countries. To allow customs authorities to verify that those requirements are met upon export, any person exporting a used vehicle should be required to provide those authorities with the vehicle identification number and a statement confirming that the used vehicle is not an end-of-life vehicle or that it is considered roadworthy.

__________________

59 COM(2021)0400

60 https://www.unep.org/resources/report/global-trade-used-vehicles-report

61 Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (OJ L 127, 29.4.2014, p. 51).

(70)It is important to establish a mechanism where the compliance of used vehicles with the export requirements can be effectively verified without impeding the trade between the Union and third countries. An electronic system should therefore be established by the Commission, enabling authorities in the Member States to exchange and verify information in real time on the vehicle identification number and the roadworthiness status of used vehicles to be exported. In view of its existing features and functionalities linked to the sharing, between vehicle registration authorities, of information relating to vehicles registered in the Union, the MOVE-HUB, a message exchange platform has been developed by the Commission for the exchange of messages to interconnect Member State national electronic registers. Member States should be able to use the European Car and Driving Licence Information System (EUCARIS) to connect to the MOVE-HUB electronic system. The platform currently hosts the interconnection of road transport undertaking registers (ERRU), the driving licence registers (RESPER), the interconnection of professional driver training registers (ProDriveNet), the notification of vehicle roadside inspection failures (RSI) and the interconnection of tachograph driver card registers (TACHOnet). Therefore, the functionalities of the MOVE-Hub should be further extended to enable the exchange and verify of information on the vehicle identification number and the roadworthiness status of used vehicles to be exported. To allow customs to verify electronically and automatically whether a used vehicle to be exported complies with the export requirements, the electronic system operated by MOVE-HUB should be interconnected to the EU Single Window Environment for Customs, in accordance with Regulation (EU) 2022/2399 of the European Parliament and of the Council62 . That Regulation provides for a comprehensive framework of automated controls, which apply to a specific Union non-customs formality. Therefore, this Regulation should set out the main elements which are to be controlled, while the technical aspects of the implementation of this control would be laid down under Regulation (EU) 2022/2399.

__________________

62 Regulation (EU) 2022/2399 of the European Parliament and of the Council of 23 November 2022 establishing the European Union Single Window Environment for Customs and amending Regulation (EU) No 952/2013 (OJ L 317, 9.12.2022, p. 1).

(73)It is important that customs authorities are able to carry out controls on used vehicles to be exported in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council63 . A significant share of used vehicles leaving the Union are destined to countries where import requirements are established or might be established, such as requirements in relation to the age of the vehicle or to its emissions. It is important that customs authorities are able to verify electronically and automatically, via the EU Single Window Environment for Customs, whether a used vehicle to be exported complies with those requirements, when the information on these requirements is officially communicated to the Commission by the third countries concerned. To facilitate compliance, the Commission should publish and update on a dedicated online portal the notified specific conditions linked to the protection of the environment or road safety imposed by third countries. In order to protect the environment and road safety in third countries, the power to adopt delegated acts in accordance Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of setting these requirements.

__________________

63 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

(76)Members States should develop inspection plans to monitor illegal treatment of vehicles. The inspections should cover compliance with the provisions on export of used vehicles and on treatment of end-of-life vehicles. Each year, the inspections should cover at least 10 percent of authorised treatment facilities and operators. Sites of repair and maintenance operators, collection points, and other facilities and economic operators that may treat end-of life vehicles or sell used vehicles or their spare parts and components should also be subjected to inspection. It needs to be underlined, that inspections carried out under this Regulation should be complementary to inspections on the shipment of end-of-life vehicles, which are comprehensively regulated in Regulation (EU) 2024/1157.

(77)Member States should establish cooperation mechanisms at national and international level so that inspections can take place in an efficient manner with the objective of facilitating the prevention and detection of illegal treatment and export of end-of-life vehicles, and permanently addressing the issue of missing vehicles. Such mechanisms should allow for the exchange of vehicle registration data, necessary for tracking the vehicles and checking if they have been properly treated when they reach end-of-life stage. In order to facilitate the cooperation between Member States, the Commission should set up a dedicated network to ensure effective coordination of national enforcement policies.

(86)Missing vehicles have been recognised as one of the major implementation challenges of Directive 2000/53/EC. The absence of an efficient system allowing for real time exchange of information between Member States on the registration status of vehicles hinders traceability and has been identified as a reason for the high number of “missing vehicles” in the Union. To address this, the Commission proposed a revision of Council Directive 1999/37/EC on the registration documents for vehicles67. This revision should require Member States to record electronically, for vehicles registered on their territory, data allowing to properly document the reasons for the cancellation of a registration of a vehicle, especially if a vehicle has been treated as end-of-life vehicles in an authorised treatment facility, re-registered in another Member State, exported to a third country outside the Union, or stolen. Moreover, to prevent the illegal dismantling or export of vehicles that have been temporarily de-registered, the vehicle owners should be obliged to promptly report any changes in their ownership to the national vehicle registration authority. These amendments complement and build on the existing requirements for Member States to electronically record data on all vehicles registered on their territory.

__________________

67 Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ L 138, 1.6.1999, p. 57).

(87)In view of the need to ensure a high level of environmental protection and to take into account scientific progress, the Commission should submit to the European Parliament and to the Council a report on the application of this Regulation and its impact on the functioning of the single market and the environment. The Commission should include, in its report, an evaluation of the provisions on the design of new vehicles, including the targets for re-usability, recyclability and recoverability, the management of end-of-life vehicles, including the recycling targets, and on penalties as well as an assessment of the need and feasibility of further extending the scope of this Regulation to certain vehicles, such as to caravans, multistage vehicles or heavy-duty vehicles and their trailers. This assessment should focus not only on aspects concerning treatment of end-of-life vehicles, but also on the relevance and added-value of laying down design requirements and the impact of measures concerning provisions on processes that may affect high-quality recycling of vehicles at their end-of-life, measures aimed at tackling the issue of ‘missing vehicles’ and in particular the illegal treatment and export of end-of-life vehicles as well as the impact of differences in the national roadworthiness criteria applied to the export of usedvehicles and to the internal market.

(88)The report from the Commission should also include an assessment of the measures concerning provision of information on substances of concern present in vehicles and whether the traceability of such substances need to be improved. It should also assess whether there is a need to introduce measures addressing the substances that may affect the treatment of vehicles when they reach end-of-life stage, in order to align it more closely with Regulation (EU) 2024/1781.

(95)The application of all provisions concerning vehicle of categories L, M2, M3, N2, N3 and O should be deferred in order to provide sufficient time for operators to comply with the new requirements. This is particularly important with respect to permits for authorised treatment facilities that are capable of conducting depollution and further treatment of such vehicles.

(c)from [OP: Please insert the date = the first day of the month following 60 months after the date of entry into force of this Regulation] to vehicles and end-of-life vehicles of L categories as set out in Article 4(2), of Regulation (EU) No 168/2013.

(d)vehicles of historical interest as defined in Article 3, point (7), of Directive 2014/45/EU and all their parts, components and spare parts required for their maintenance activities and necessary to preserve their historical status;

4.Notwithstanding paragraph 1, point (c), the following provisions shall not apply to vehicles and end-of-life vehicles of L categories:

deleted

(a)Article 4 on reusability, recyclability and recoverability of vehicles;

5.Notwithstanding paragraph 2, point (a), the following provisions shall apply to all special purpose vehicles with the exception of motor caravans and trailer caravans as defined in points 5.1 and 5.6 of Part A of Annex I to Regulation (EU) 2018/858:

6.Notwithstanding paragraph 1, points (b) and (c), Articles 16, 19, 20, 27 and 46 to 49 shall apply to vehicles and end-of-life vehicles of categories L, M2, M3, N2, N3 and O with the following modifications:

(1)‘vehicle’ means any vehicle as defined in Article 3, point (15), of Regulation (EU) 2018/858 or listed in Article 4(2) of Regulation (EU) No 168/2013;

(2)‘end-of-life vehicle’ means a vehicle which is waste as defined in Article 3, point (1), of Directive 2008/98/EC, or vehicles that are irreparable according to criteria Part A, point 1 of Annex I to this Regulation;

(9)‘plastic’ means a polymer within the meaning of Article 3, points (2) and (3), of Commission Regulation (EU) No 10/20111a, to which additives or other substances may have been added, capable of functioning as a main structural component of final materials and articles;

(14)‘electric vehicle battery’ means electric vehicle battery as defined in Article 3, point (14), of Regulation (EU) 2023/1542;

(15)‘authorised treatment facility’ means any establishment or undertaking that is permitted in accordance with Directive 2008/98/EC and this Regulation to carry out either individually or in cooperation with other treatment facilities collection, storage and treatment of end-of-life vehicles or their parts and components;

(18)‘repair and maintenance operator’ means a natural or legal person, who is directly or indirectly involved in the repair and maintenance of vehicles, including repairers, manufacturers or distributors of repair equipment, tools or spare parts, as well as publishers of technical information, automobile clubs, roadside assistance operators, operators offering inspection and testing services, operators offering training for installers, manufacturers and repairers of equipment for alternative-fuel vehicles; it also means authorised repairers, dealers and distributors within the distribution system of a given vehicle manufacturer to the extent that they provide repair and maintenance services for vehicles in respect of which they are not members of the vehicle manufacturer's distribution system;

(21)‘waste management operator’ means any natural or legal person dealing on a professional basis with the collection or treatment of end-of-life vehicles or their parts and components;

(22)‘producer’ means any manufacturer, importer or distributor who, irrespective of the selling technique used, including by means of distance contracts as defined in Article 2, point (7), of Directive 2011/83/EU, supplies a vehicle for the first time for distribution or use, within a territory of a Member States on a professional basis; for multistage vehicles, the producer is the manufacturer of the base vehicle;

(23)‘producer responsibility organisation’ means a non-profit legal entity that financially or financially and operationally organises the fulfilment of extended producer responsibility obligations on behalf of several producers;

(24)‘authorised representative for the extended producer responsibility’ means a natural or legal person established in a Member State in which the producer makes vehicle available on the market for the first time, which is different from the Member State where the producer is established, and is appointed by the producer in accordance with Article 8a(5), third subparagraph, of Directive 2008/98/EC to fulfil the obligations of that producer under Chapter IV of this Regulation;

(27)‘post-shredder technology’ means techniques and technologies used to process materials from end-of-life vehicles, after they have been shredded, for further recovery and recycling;

(28)‘remanufacturing’ means a standardised and documented industrial operation in which a new part or component is manufactured to return to same-as-new, or better, condition from parts and components that are either removed from vehicles or end-of-life vehicles and in which at least one change is made to the part or component that affects its safety, performance, purpose or type; the process is in compliance with specific technical specifications, including engineering, quality and testing standards, and yields fully warranted products;

(29)‘refurbishment’ means actions carried out to prepare, clean, test and, where necessary, repair a part or component that is removed from vehicles in order to restore its performance or functionality;

(35)‘economic operators’ means producers, collectors, dismantlers, recyclers, vehicle insurance companies, suppliers, repair and maintenance operators, remanufacturers, waste management operators and any other operators involved in design of vehicles, trade in used vehicles, or management of end-of-life vehicles, and their parts, components, core product or part and materials;

(e)‘substance of concern’ and ‘data carrier’ laid down in Article 2, points (27) and (29), of Regulation (EU) 2024/1781;

1.Each vehicle belonging to a new vehicle type that is type-approved as of [OP: Please insert the date = the first day of the month following 72 months after the date of entry into force of this Regulation] under Regulation (EU) 2018/858 shall be constructed so that it is:

(c)check the completeness of the information received from suppliers;

The Commission shall, by [OP: please enter the date = the last day of the month following 35 months after the date of entry into force of this Regulation], adopt an implementing act establishing a methodology for calculation and verification of the rates of reusability, recyclability and recoverability of a vehicle, taking into account the elements set out in Annex II and ISO standard 22628:2002.

1.The presence of substances of concern in vehicles and in their parts and components shall be minimised as far as possible to the extent needed to prevent adverse effects on human health and the environment, throughout their life-cycle.

2.Any new vehicle type that is type-approved as of [OP: Please insert the date = the first day of the month following 72 months after the date of entry into force of this Regulation], under Regulation (EU) 2018/858, or any new parts or components placed on the market for such a vehicle shall not contain lead, mercury, cadmium or hexavalent chromium.

5.Upon request from the Commission, and within 12 months from the request, the European Chemicals Agency (the ‘Agency’) shall prepare a report, based on consultation with stakeholders and industry experts, on the technical and economic feasibility of alternatives pertaining to existing exemptions listed in Annex III and, based on such assessment, a motivated proposal for the specific amendment of the exemption.

6.As soon as it receives the request from the Commission, the Agency shall publish on its website a notice that a report on a possible amendment of an exemption in Annex III will be prepared and invite all interested parties to submit comments within 12weeks from the date of publication of the notice. The Agency shall publish on its website all comments received from the interested parties.

7.At the latest 12 months following the submission of the report referred to in paragraph 4 to the Commission, the Committee for Socio-economic Analysis of the Agency, set up pursuant to Article 76(1), point (d), of Regulation (EC) No 1907/2006, shall adopt an opinion on the report and on the specific amendments proposed. The Agency shall submit that opinion to the Commission without delay.

The plastic contained in each new vehicle type that is type-approved as of [OP: Please insert the date = the first day of the month following 72 months after the date of entry into force of the Regulation] under Regulation (EU) 2018/858 shall contain a minimum of 20 percent of plastic recycled by weight from post-consumer plastic waste streams attributed via a chain of custody in accordance with standard ISO 22095:2020.

2.By .... [OP: Please insert the date = the last day of the month following 15 months after the date of entry into force of this Regulation], the Commission shall adopt a delegated act in accordance with Article 50 to supplement this Regulation by establishing the methodology for the calculation and verification, for the purposes of paragraph 1 of this Article, of the share of plastics recovered from pre-consumer and post-consumer waste, and from end-of-life vehicles respectively, to manufacture the vehicle type which takes into account the best available recycling technology.

By ....[OP please insert the date = the last day of the month following 24 months after the date of entry into force of this Regulation] the Commission shall adopt a delegated act, in accordance with Article 50, to supplement this Regulation by establishing a minimum share of steel recycled from ferrous scrap and a minimum share of recycled aluminium and its alloys to be present and incorporated into vehicle types to be type-approved in accordance with this Regulation and Regulation (EU) 2018/858. That delegated act shall also set the date of application of the obligation to have a minimum share of recycled content. Steel used as reinforcement materials in tyres shall not be considered to fall within the scope of that delegated act.

The minimum share of recycled steel and aluminium and its alloys referred to in the first subparagraph shall be based on a feasibility study, carried out by the Commission. The study shall be finalised by [OP: Please insert the date = the last day of the month following 12 months after the date of entry into force of this Regulation], looking in particular at the following aspects:

(a)the current and forecasted availability of ferrous scrap considering flat and long carbon steel and stainless-steel product families;

(b)the current share of ferrous scrap in various steel semi-products and intermediates related to steel families used in vehicles and expected changes related to the transition of the automotive industry;

(c)the potential uptake of ferrous scrap by manufacturers in vehicles to be type-approved in the future considering the different compositional constraints applicable to each steel product family;

(d)the relative demand of the automotive sector in comparison to the demand for ferrous scrap waste of other sectors considering the ability to tolerate copper content, and other unintended tramp inclusions;

(e)economic viability, technical and scientific progress, including changes in the availability of recycling technologies concerning steel recycling rates as well as the existing contribution of pre-consumer scrap recycling;

(f)the contribution of a minimum share of recycled content of steel, low CO2 steel and aluminium and its alloys in vehicles to the Union’s open strategic autonomy, climate and environmental and industrial objectives, in particular as regards the creation of lead markets;

(g)the need to prevent disproportionate negative impacts on the affordability of vehicles;

(h)the influence on the overall costs and competitiveness of the automotive sector and the entire value chain;

By .... [OP please insert the date = the last day of the month following 24 months after the date of entry into force of this Regulation], the Commission shall adopt a delegated act establishing the methodology for the calculation and verification of the recycled content of aluminium and its alloys and of steel from ferrous scrap, and, where relevant, the share of low CO2 steel present in and incorporated into vehicle types.

Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 50.

By [OP: Please insert the date = the last day of the month following 36 months after the date of entry into force of this Regulation], the Commission shall adopt a delegated act, in accordance with Article 50, to supplement this Regulation by establishing a minimum share of:

(a)magnesium and its alloys, recycled from pre-consumer and post-consumer waste and incorporated into vehicle types; and

(b)neodymium, dysprosium, praseodymium, terbium, samarium or boron recycled from pre-consumer and post-consumer waste and incorporated into permanent magnets in e-drive motors.

The delegated act referred to in the first subparagraph shall also set the date of application of the obligation to have a minimum share of recycled content.

The minimum share of recycled content of the materials referred to in the first subparagraph shall be based on the feasibility study, carried out by the Commission. The Commission shall finalise the study by [OP: Please insert the date = the last day of the month following 24 months after the date of entry into force of this Regulation], taking into account all of the following:

(a)the current and forecasted availability of the materials listed in the second subparagraph recycled from pre-consumer and post-consumer waste;

By .... [OP please insert the date = the last day of the month following 36 months after the date of entry into force of this Regulation], the Commission shall adopt a delegated act establishing the methodology for the calculation and verification of the share of the materials referred into this paragraph recycled from pre-consumer and post-consumer waste in vehicle types.

That delegated act shall be adopted in accordance with the examination procedure referred to in Article 50.

1.Each vehicle belonging to a new vehicle type that is type-approved as of [OP: Please insert the date = the first day of the month following 72 months after the date of entry into force of this Regulation] shall be designed in a way which allows for the easy removal by authorised treatment facilities of the parts and components listed in Part C of Annex VII from the concerned vehicle during the waste phase of the vehicle with a view to replacement, reuse, recycling, remanufacturing or refurbishing where technically feasible.

2.Each vehicle belonging to a new vehicle type that is type-approved as of [OP: Please insert the date = the first day of the month following 72 months after the date of entry into force of this Regulation] under Regulation (EU) 2018/858 shall be designed including as regards joining, fastening and sealing elements so as to enable, in a readily and non-destructive manner, the removal and replacement of electric vehicle batteries and their battery packs and e-drive motors from the vehicle by authorised treatment facilities or repair and maintenance operators during the use phase and waste phase of the vehicle.

1.Manufacturers shall demonstrate that new vehicles types that they have manufactured and that are placed on the market, are type-approved in accordance with the requirements of Regulation (EU) 2018/858, Regulation (EU) No 168/2013 and of this Regulation.

2.For the purposes of type-approval of vehicles to which the requirements in Articles 4, 5 (1), (2), 6 or 7 apply, the manufacturer shall provide the documentation showing compliance with those requirements and shall:

(a)include it in the information folder referred to in Article 24 of Regulation (EU) 2018/858 or in Article 27 of Regulation (EU) No 168/2013, as applicable; and

(b)submit it to the type-approval authority in accordance with Article 23 of Regulation (EU) 2018/858 or in Article 26 of Regulation (EU) No 168/2013, as applicable.

deleted

4.For the purposes of type-approval of vehicles to which the requirements set out in Article 10 apply, the manufacturer shall draw up the information referred to in Article 10(1) and submit it, in accordance with Article 24(1), point (a), of Regulation (EU) 2018/858, to the type-approval authority together with the application for type-approval referred to in Article 23 of that Regulation or in accordance with Article 27(1) of Regulation (EU) No 168/2013 to the type-approval authority together with the application for type-approval referred to in Article 26 of Regulation (EU) No 168/2013.

5.For the purposes of type-approval of vehicles to which the requirements set out in Article 11 apply, the manufacturer shall submit the declaration confirming compliance with the requirement set out in Article 11(1), in accordance with 24(1), point (a), of Regulation (EU) 2018/858, to the type-approval authority together with the application for type-approval referred to in Article 23 of that Regulation or in accordance with Article 27(1) of Regulation (EU) No 168/2013 to the type-approval authority together with the application for type-approval referred to in Article 26 of Regulation (EU) No 168/2013.

1.Vehicle manufacturers shall as of [OP: Please insert the date = the first day of the month following 36 months after the date of entry into force of this Regulation], draw up a circularity strategy at manufacturer level and provide a copy to the Commission.

2.The circularity strategy shall describe which actions the manufacturers will take to follow-up on their obligations to ensure that the circularity requirements in Chapter II are met. The circularity strategy shall take into account the capacities and information actually available from suppliers, in particular SMEs.

deleted

5.The manufacturer shall monitor and follow up on the actions contained in the circularity strategy and update the strategy, indicating the relevant new changes of the circularity strategy, every five years in accordance with Part B of Annex IV.

deleted

8.By [OP: Please insert the date = the last day of the month following 83 months after the date of entry into force of this Regulation] and every five years thereafter, the Commission shall draw up and publish a report on the circularity of the automotive sector. The report shall be based in particular on circularity strategies and updates to such strategies.

Manufacturers shall declare, for each new vehicle type that is type-approved as of ... [OP: Please insert the date = the first day of the month following 12 months after the adoption of the delegated acts establishing the methodologies for the calculation and verification of recycled content present in vehicles in accordance with Article 6] under Regulation (EU) 2018/858, the respective share of recycled content of:

(d)steel and its alloys;

The declaration shall concern the recycled content of these materials present in the vehicle type and indicate, per material share, and for plastic components heavier than 100 g, whether the material is recycled from pre-consumer waste or from post-consumer waste.

3.By way of derogation from paragraph 1, the requirement to declare the share of recycled content of a certain material shall not apply where a target has been established for that material under Article 6(1), (3) or (4).

1.From [OP: Please insert the date = the first day of the month following 36 months after the date of entry into force of this Regulation], manufacturers shall, for new vehicle types that have been type-approved, provide waste management operators, repair, maintenance operators and emergency services unrestricted, standardised and non-discriminatory access including via existing tools used by the automotive industry, to the information listed in Annex V, enabling access to, and safe removal and replacement of, the following:

(a)electric vehicle batteries and their battery packs incorporated in the vehicle;

(e)parts and components, containing the critical raw materials as referred to in Article 28(1), point (b), of Regulation (EU) 2024/1252 at the time of the type-approval of the vehicle;

Manufacturers shall ensure cooperation with the authorised, treatment operators, retrofit operators, and repair and maintenance operators by establishing necessary communication platforms to provide and keep up-to-date the information referred to in paragraph 1 and the information specified in Annex V.

The manufacturers shall provide the information referred to in the first subparagraph free of charge. The manufacturers may collect reasonable and proportionate charges from waste management operators and repair and maintenance operators to the extent necessary to cover the actual administrative costs incurred for making the required information accessible through communication platforms.

deleted

2.From ....[OP: Please insert the date = the first day of the month following 36 months after the date of entry into force of this Regulation] manufacturers shall ensure that vehicle parts and components containing permanent magnets bear a conspicuous, clearly legible and indelible label indicating the information in accordance with Article 28 of Regulation (EU) 2024/1252.

Digital Circularity Vehicle Passport

1.From [OP: please insert a date = the first day of the month following 72 months after entry into force of the Regulation] each vehicle placed on the market shall have a digital circularity vehicle passport, which shall be aligned and interoperable with and, where possible, integrated in other vehicle related environmental passports established under Union law.

2.The circularity vehicle passport shall contain the information referred to in Article 5(2) and (3), and in Articles 10 and 11 of this Regulation in digital format and shall be accessible free of charge.

3.The manufacturer shall, at the time of placing the vehicle on the market, ensure that the information in the circular vehicle passport is accurate, complete and up to date.

5.The circularity vehicle passport of a vehicle that has become an end-of-life vehicle shall cease to exist at the earliest 6 months after the certificate of export or destruction for that end-of-life vehicle was issued.

By [OP: please insert a date = the first day of the month following 60 months after entry into force of the Regulation at the latest] the Commission shall adopt implementing acts laying down rules on the following:

(a)the manner and basic requirements of the technical solution to be used for accessing the circularity vehicle passport in a manner that does not preclude any technological solution;

(i)the interoperability and alignment of the circularity vehicle passport with other passports required by Union legislation;

From [OP: Please insert the date = the first day of the month following 36 months after the date of entry into force of this Regulation] producers shall have extended producer responsibility for vehicles that they make available on the market for the first time within the territory of a Member State. The scheme established by producers to exercise that responsibility shall comply with Articles 8 and 8a of Directive 2008/98/EC and comply with the requirements of this Chapter.

By [OP: Please insert the date = the last day of the month following 35 months after the date of entry into force of this Regulation] Member States shall establish a register of producers, or use an existing register of producers, which shall serve to monitor compliance of producers with the requirements of this Chapter.

The register shall provide links to other national registers of producers’ websites to facilitate, in all Member States, registration of producers or authorised representatives for the extended producer responsibility.

Producers shall only make available vehicles on the market of a Member State, if they or, in case of authorisation, their authorised representatives for the extended producer responsibility, are registered in such Member State.

6.The obligations under this Article may be fulfilled on a producer’s behalf by an authorised representative for the extended producer responsibility. If more than one producer is represented in the country by one authorised representative, that authorised representative shall provide the name and the contact details for each of the represented producers separately.

11.The producer, or, where applicable, the producer’s authorised representative for the extended producer responsibility or the producer responsibility organisation appointed on behalf of the producers it represents shall without undue delay notify the competent authority of any changes to the information contained in the registration and of any permanent cessation as regards the making available on the market within the territory of the Member State of the vehicles referred to in the registration.

12.The producer or, where applicable, the producer’s authorised representative for the extended producer responsibility or the producer responsibility organisation shall report to the competent authority responsible for the register on the performance of extended producer responsibility obligations.

2.Producer responsibility organisations shall ensure the confidentiality of the data in their possession as regards proprietary information or information directly attributable to individual producers or their authorised representatives for the extended producer responsibility.

3.In addition to the information referred to in Article 8a(3), point (e), of Directive 2008/98/EC, producer responsibility organisations or individual producers shall publish on their websites at least each year, subject to commercial and industrial confidentiality, the information on the collection of end-of-life vehicles and achievement of targets on reuse and recycling, reuse and recovery and plastic recycling by the producers which entrusted the producer responsibility organisation or by the producer fulfilling its obligations individually.

4.Producer responsibility organisations shall ensure a proportionate representation of producers and waste management operators active in collection and treatment of end-of-life vehicles in their governing bodies, including in the executive and advisory boards.

(a)the costs of the collection of end-of-life vehicles that is necessary to meet the requirements in Articles 23 to 26 and the costs of the treatment of end-of-life vehicles that is necessary to meet the requirements in Articles 27 to 30, 34 and 35, taking into account any revenues of waste management operators obtained from the sales of used spare parts and used spare components, of depolluted end-of-life vehicles, or of secondary raw materials recycled from end-of-life vehicles;

(b)the costs of conducting awareness raising campaigns aimed to inform the public and to improve collection of end-of-life vehicles;

deleted

(d)the administrative costs of making data available, gathering and reporting to the competent authorities;

In the case of individual fulfilment of extended producer responsibility obligations, the producers shall provide a guarantee for vehicles that they make available on the market for the first time in the territory of a Member State. That guarantee shall ensure that the operations referred to in paragraph 1 relating to those vehicles will be financed, including in the event of permanent cessation of their operations or insolvency.

1.In the case of a collective fulfilment of extended producer responsibility obligations, producer responsibility organisations shall ensure that the financial contributions paid to them by producers are modulated at east by taking into account the following:

(a)the weight of the vehicle, excluding electric vehicle batteries;

deleted

(e)the share of materials and substances preventing a high-quality recycling process;

(a)designate by a written mandate an authorised representative to act on its behalf in relation to specified tasks with regard to the producer’s obligations for the extended producer responsibility in each Member State;

To this end, the producers or, where appointed in accordance with Article 18, producer responsibility organisations shall set up, or participate in the setting up of, collection systems, including collection points.

(b)ensure adequate availability of authorised treatment facilities and collection points, taking into account population size and density, expected volume of end-of-life vehicles, not being limited to areas where the collection and subsequent management is most profitable;

deleted

(d)enable collection of end-of-life vehicles that they have made available on the market, irrespective of their origin;

(e)enable the delivery of all end-of-life vehicles free of charge to authorised treatment facilities or collection points, as provided in Article 24(2).

3.Producers or, where appointed in accordance with Article 18, producer responsibility organisations shall publish and regularly update the list of collection points and authorised treatment facilities on their websites and carry out educational campaigns promoting the collection system for end-of-life vehicles and informing about environmental consequences of improper collection and handling of end-of-life vehicles.

Collection points other than authorised treatment facilities may collect end-of-life vehicles.

(c)guarantee that all collected end-of-life vehicles are transferred to an authorised treatment facility within 6 months from receipt of the end-of-life vehicle; and

5.The collection points or the authorised treatment facilities shall issue a document in electronic format, confirming receipt of an end-of-life vehicle, to the vehicle owner, and provide it through an electronic notification procedure established in accordance with Article 25(2) to the relevant authorities of the Member State, including the competent authorities designated under Article 14.

2.Delivery of an end-of-life vehicle to an authorised treatment facility or a collection point shall be free of charge for the last owner of a vehicle unless the end-of-life vehicle lacks any of the essential vehicle parts or components or contains waste which has been added to the end-of-life vehicle.

(a)deliver the end-of-life vehicle to an authorised treatment facility or, in cases referred to in Article 23(4), to a collection point, without undue delay after receiving information that the vehicle meets any of the criteria for irreparability laid down in Part A, point 1, of Annex I;

(b)present a certificate of destruction to the relevant registration authority, except in cases in which there is an online procedure that allows the communication or processing of the deregistration of the end-of-life vehicle from the authorised treatment facilities.

2.Authorised treatment facilities shall ensure that all treatment for end-of-life vehicles comply, as a minimum, with Articles 28, 29, 30, 31, 32, 34, 35 and 36 and Annex VII of this Regulation, and shall apply best available techniques as defined in Article 3(10) of Directive 2010/75/EU.

(c)remove the parts and components listed in Part C of Annex VII from the end-of-life vehicle, prior to shredding or compacting by means of manual dismantling or (semi-) automated disassembly in a non-destructive way for components with a reuse, remanufacturing or refurbishment potential in accordance with Articles 30 and 31, taking into account the market potential for reuse, remanufacturing or refurbishment of those parts and components and the need for the high quality of the scrap;

(d)treat all end-of-life vehicles and their parts, components and materials in accordance with the waste hierarchy and the general requirements laid down in Article 4 of Directive 2008/98/EC;

4.The Commission is empowered to adopt delegated acts in accordance with Article 50 to amend Annex VII by adapting the minimum treatment requirements for end-of-life vehicles to scientific and technical progress in treatment technologies, including:

5.Member States shall encourage authorised treatment facilities to introduce certified environmental management systems and to conduct audits in accordance with Regulation (EC) No 1221/2009.

1.From [OP: Please insert the date = the first day of the month following 36 months after the date of entry into force of this Regulation] authorised treatment facilities and other waste management operators shall request that end-of-life vehicles delivered to them for shredding are depolluted in accordance with Article 29 and their parts and components removed in accordance with Article 30 and are accompanied by the following:

3.Authorised treatment facilities and waste management operators conducting shredding of end-of-life vehicles shall be able to mix end-of-life vehicles, their parts, components and materials with packaging waste and waste electrical and electronic equipment, provided that the criteria and limit values of part G of Annex VII are met and traceability related to reporting is ensured, the shredding process does not lower the quality of waste streams compared to separate treatment and that output complies with high quality standards.

1.Within 30 days of delivery of an end-of-life vehicle to the authorised treatment facility, that facility shall depollute those vehicles before they are further treated, in compliance with the minimum requirements set out in Part B of Annex VII.

2.The fluids and liquids listed in Part B of Annex VII shall be separately collected and stored, in line with the requirements set out in Part A of Annex VII. Waste oils shall be collected and stored separately from the other fluids and liquids and be treated in accordance with Article 21 of Directive 2008/98/EC. Air-conditioning system fluids used in thermal management systems shall be collected and stored separately from the other fluids and shall be recovered in accordance with Regulation (EU) 2024/573 of the European Parliament and of the Council1a and, where technically and economically feasible, recycled or reclaimed and reused.

Mandatory removal of parts and components for reuse, remanufacturing, repair, and recycling prior to shredding

1.From [OP: Please insert the date = the first day of the month following 36 months after the date of entry into force of this Regulation] authorised treatment facilities shall ensure that the parts and components listed in Part C of Annex VII, are removed from an end-of-life vehicle prior to shredding, In order to verify its market potential for reuse, remanufacturing and repair, those parts shall be assessed in accordance with Article 31 before dismantling. That assessment shall be conducted after the depollution operations referred to in Article 29, have been completed.

Where parts and components do not have a market potential for reuse, remanufacturing and repair, it shall not be mandatory to remove them prior to shredding if an authorised treatment facility demonstrates, that post-shredder technologies separates materials from parts and components listed in Part C, entries 6, 13 to 19, of Annex VII, as efficiently and delivers equivalent recycled material as manual dismantling processes or semi-automated disassembly processes.

For the purposes of the first subparagraph, the authorised treatment facility shall comply with high quality shredding output as set out in the delegated act referred to in Article 28(4) and provide the information listed in Part G of Annex VII.

From [OP: Please insert the date = the first day of the month following 36 months after the date of entry into force of this Regulation] any economic operator selling used, remanufactured or refurbished spare parts and components shall:

From [OP: Please insert the date = the first day of the month following 36 months after the date of entry into force of this Regulation] Member States shall take necessary incentives to promote the reuse, remanufacturing, retrofitting and refurbishment of parts and components, whether removed during the use or end-of-life phase of a vehicle.

(b)the use of economic incentives designed to reward manufacturers which exceed the minimum standards, so as to further stimulate the used, remanufactured or refurbished spare parts and components.

1.From [OP: Please insert the date = the first day of the calendar year following 36 months after the date of entry into force of the Regulation], Member States shall adopt the necessary measures to ensure that the following targets are met by the waste management operators:

2.From [OP: please insert a date = the first day of the calendar year following 60 months after the date of entry into force of the Regulation] Member States shall ensure that waste management operators achieve a yearly target for the recycling of plastics of at least 30 percent of the total weight of plastics contained in the end-of-life vehicles.

1.Treatment of end-of-life vehicles may be undertaken outside the Union, provided that the shipment of end-of-life vehicles is in compliance with Regulation (EU) 2024/1157.

2.Shipments of end-of-life vehicles from the Union to a third country in accordance with paragraph 1 shall only count towards the fulfilment of obligations and targets set out in Article 34 if the exporter of the end-of-life vehicles provides documentary evidence approved by the competent authority of destination demonstrating that the treatment took place in conditions that are considered equivalent to the requirements laid down in this Regulation and to human health and environmental protection requirements laid down in other Union legislation.

deleted

Distinction between used vehicles and end-of-life vehicles for the purpose of export

For the purpose of exporting a used vehicle, the vehicle owner shall be able to provide documentation to the customs authorities and any natural or legal person interested in importing the concerned vehicle that the vehicle is not an end-of-life vehicle. That documentation shall consist of a valid roadworthiness certificate or, when such a certificate is not available, of an assessment carried out by the competent authorities responsible for the roadworthiness certificates based on the criteria laid down in Annex I. In the case of doubt that a used vehicle may be an end-of-life vehicle, competent authorities may require a vehicle owner to present further documentation that the vehicle concerned is not an end-of-life vehicle.

1.From [OP: Please insert the date = the first day of the month following 24 months after the date of entry into force of this Regulation] used vehicles to be exported shall be subject to the controls and requirements laid down in this Section.

(a)not end-of-life vehicles as determined in Article 37;

deleted

deleted

1.Before releasing used vehicles for export, customs shall verify electronically and automatically via the electronic systems referred to in Article 45, that based on the Vehicle Identification Number and the information on the Member State of last registration, the vehicle is roadworthy or not an end-of-life vehicle in accordance with Article 37.

2.Where the information provided or made available to customs does not correspond to the information in the national vehicle registers and national electronic systems on roadworthiness pursuant to paragraph 1, customs authorities shall not release that vehicle for export and shall inform the natural or legal person concerned thereof through these systems.

3.The Commission is empowered to adopt delegated acts in accordance with Article 50 to supplement this Regulation by setting out the compliance conditions referred to in paragraph 2 on the specific conditions applied to the import of used vehicles by the third country of import linked to the protection of the environment and road safety, when such conditions have been notified by that third country to the Commission. Those conditions shall be verifiable against the information available in the electronic systems referred to in Article 45(1).

1.Where the customs authorities suspect that a used vehicle to be exported may not comply with the requirements of this Section, the customs authorities shall immediately suspend the release for export of that used vehicle until they obtain all necessary information to make a final decision. They shall also immediately notify the competent authorities of the suspension and transmit all relevant information needed to determine whether the used vehicle complies with the requirements of this Regulation and may be released for export.

3.After each release for export of a used vehicle, customs authorities shall notify that release for export to the competent authority of the Member State where the vehicle in question was registered at the time of export. The competent authority of that Member State shall record that information in its national vehicles register.

1.The MOVE-HUB electronic system developed by the Commission shall be used for exchanging and verifying Vehicle Identification Number and information on the vehicle registration and roadworthiness status between national vehicle registers and electronic systems on roadworthiness of the Member States, as well as, to interconnect to the EU Single Window Environment for Customs, where necessary for controls and requirements laid down in this Section.

The Commission shall by... [OP: please enter the date = the last day of the month following 18 months after the date of entry into force of this Regulation] adopt the implementing acts laying down the necessary arrangements for the implementation of the functionalities of the MOVE-HUB referred to in paragraph 2, including the technical aspects necessary for the interconnection of national electronic systems to the MOVE-HUB, the conditions of connection to MOVE-HUB, the data to be transmitted by the national systems and the format for the transmission of that data through the interconnected national systems.

(c)other facilities and economic operators, which may treat end-of-life vehicles or sell used spare parts and components removed from end-of-life vehicles.

3.Member States shall also carry out regular inspections concerning export of used vehicles in order to verify compliance with Article 38.

1.Member States shall establish, as regards all relevant competent authorities involved in the enforcement of this Regulation, effective mechanisms to enable those authorities to cooperate and coordinate domestically concerning the development and implementation of enforcement policies and activities related to monitoring vehicles registration, de-registration, suspension and cancellation of the registration, missing vehicles, certification of destruction, export of used vehicles as well as prevention of illegal treatment and export of end-of-life vehicles.

Member States shall cooperate, bilaterally and multilaterally, with one another in order to facilitate the prevention and detection of illegal treatment and export of end-of-life vehicles and to address the issue of missing vehicles. They shall exchange relevant information on vehicles registration, de-registration and suspension and cancellation of the registration, through the electronic exchange system referred to in Article 45. They shall also exchange relevant information on authorised treatment facilities and repair and maintenance operators not permitted as authorised treatment facilities, and other facilities and economic operators, who may perform operations concerning treatment of end-of-life vehicles. They shall share experience and knowledge on enforcement measures within established structures.

(a)incentives introduced to promote the reuse, remanufacturing and refurbishment of parts and components in accordance with Article 33 and their impact;

The Commission shall review the reports submitted by the Member States and, draw up and publish reports on the received information in order to evaluate the implementation of this Regulation in Member States and to facilitate the exchange of information on best practices applied in the Member States.

(i)the methodology for determining the amount and weight of parts, components and materials removed for purposes referred to in paragraph 1, points (g), (h), (i) and (ma);

(b)the format for the reporting to the Commission referred to in paragraphs 1, 2, and 3, as well as the format for the quality check report.

Those implementing acts shall be adopted by ... [OP: Please insert the date = the first day of the month following 24 months after the entry into force of this Regulation] in accordance with the examination procedure referred to in Article 51(2).

6.Producers, producer responsibility organisations, waste management operators and other relevant economic operators shall provide competent authorities with accurate and reliable data allowing Member States to fulfil their reporting obligations under this Article.

2.The power to adopt delegated acts referred to in Articles 5(4), 6(2), 6(3), 6(4), 7(3), 9(7), 11(3), 12(3), 21(2), 22(4), 27(4), 38(7) and 40(3) [final list to be updated upon end of negotiations] shall be conferred on the Commission for a period of 5 years from [OP: Please insert the date = the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than three months before the end of each period.

3.The delegation of power referred to in Articles 5(4), 6(2), 6(3), 6(4), 7(3), 9(7), 11(3), 12(3), 21(2), 22(4), 27(4), 38(7) and 40(3) [final list to be updated upon end of negotiations] may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

6.A delegated act adopted pursuant to Articles 5(4), 6(2, 6(3), 6(4), 7(3), 9(7), 11(3), 12(3), 21(2), 22(4), 27(4), 38(7) and 40(3) [final list to be updated upon end of negotiations] shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

1.By 31 December 203* [OP: Please insert the date = the last day of the year following 95 months after the date of entry into force of this Regulation], the Commission shall review and draw up a report on the application of this Regulation and its impact on the environment, human health and the functioning of the single market and submit it to the European Parliament and to the Council. Where appropriate, the report shall be accompanied by a legislative proposal to amend relevant provisions of this Regulation.

(a)the need to extend the scope of this Regulation, in particular provisions of Chapters II and III, as well as Chapter IV Section II, to vehicles of categories L1e, L2e, L3e, L4e, L5e, L6e and L7e as defined in Article 4(2), of the Regulation (EU) No 168/2013 and vehicles of categories M2, M3, N2, N3 and O as defined in Article 4(1) of Regulation (EU) 2018/858;

1.A vehicle is irreparable when it meets one or more of the following criteria:

(a)it has been cut into pieces or dismantled for reuse of its parts or is no longer used as a vehicle;

deleted

(c)it has been burnt to the point where the engine compartment or passenger compartment is completely destroyed;

(d)it has been submerged in water to a level above the dashboard;

(e)one or several of the following components of the vehicle can, from a technical point of view, be neither repaired nor replaced:

(f)its structural and safety components have technical defects that are irreversible and where the damage is so extensive that repair or replacement is not technically feasible without compromising the lasting structural integrity of the vehicle or road safety.

deleted

deleted

deleted

The following criteria may also be used during an individual assessment as additional justification to determine if a used vehicle is an end-of-life vehicle:

(b)it is impossible to establish who is the owner;

deleted

(d)it is not appropriately protected against damage during storage, transportation, loading and unloading;

(e)it was handed over for treatment to an authorised collection point or an authorised waste treatment facility;

1.A non-technical description of the actions planned to ensure that the vehicles meet the legal requirements referred to in Articles 4 to 7 throughout their production.

(b)check the completeness of information received from suppliers;

deleted

3.Information on the assumptions on end-of-life treatment technologies in place, relevant technological progress in end-of-life treatment technologies and capacity investment in such technologies;

5.A list of actions that the manufacturer commits to carry out in order to ensure that the treatment of end-of-life vehicles is carried out in accordance with this Regulation, with a particular focus on:

(a)measures designed to facilitate a non-destructive removal of parts indicated in Annex VII Part C;

(b)in cooperation with waste management operators or research institutes, measures contributing to the development of recycling technologies for materials and components used in vehicles, for which such technologies are not widely available at commercial scale;

deleted

(d)measures to address the challenges posed by the use of materials and techniques which hamper easy dismantling or make recycling very challenging;

deleted

deleted

Before Articles 4 to 7 become applicable, the circularity strategy shall explain how the manufacturer complies with circularity requirements laid down in Directive 2005/64/EC.

1.The manufacturers shall provide an update of the circularity strategy every 5 years.

2.The updated circularity strategy shall include the relevant new changes and in particular the following:

(a)a description of how the actions referred to in Part A have been undertaken and, in the case that one or more actions indicated in the strategy has not been conducted, an explanation of the reasons for this;

(b)an assessment of the effectiveness of the actions referred to Part A;

(c)information about the significant changes in the design and production undertaken by the manufacturer to improve the circularity of vehicles.

deleted

1.Electric vehicle batteries and light means of transport batteries incorporated in the vehicle:

(a)original equipment number;

(a)original equipment number;

(b)original equipment number;

(a)original equipment number;

(c)technical instructions on access, removal and replacement, including the ability to deregister or decouple a part from the VIN of an end-of-life vehicle and, where necessary, re-register it in the vehicle manufacturer’s information system to allow its installation in another vehicle;- coding and software necessary to activate spare parts and components to function in another vehicle, using multibrand diagnostic tools and vehicle manufacturer’s backend server for the repaired vehicle, if necessary;

deleted

(b)air conditionings systems and refrigerants shall be treated in accordance with Regulation (EU) 2024/573;

1.Electric vehicle batteries as defined in Article 3, point (14), of this Regulation and LMT batteries, as defined in Article 3, point (11), of Regulation (EU) 2023/1542, including their battery management systems, onboard chargers for electric vehicles, and casing or housing, if present;

3.SLI batteries as defined in Article 3, point (12), of Regulation (EU) 2023/1542 and portable batteries as defined in Article 3, point (9), of Regulation (EU) 2023/1542;

deleted

11.Directly accessible parts of the infotainment system;

deleted

15.Fuel containers;

deleted

deleted

deleted

(i)the part or component shall contain all relevant parts;

(ii)an assessment of damage, reduced functionality or performance and repairs needed for restoring the part or component to a state where it is potentially fit to be remanufactured or refurbished;

(iii)visual inspection shows that the corrosion does not impede the functionality of the part or component.

deleted

2.Emission after-treatment systems (e.g. catalytic converters, particulate filters) if those parts are not covered by a warranty which states that the part complies with the related roadworthiness test as laid down in Article 4 of Directive 2014/45/EU.

2.Electric vehicle batteries shall be treated in accordance with Article 70 of the Regulation (EU) 2023/1542.

1.In order to comply with Article 28(3) of this Regulation, end-of-life vehicles may be shredded together with other waste only if:

2.A mass balance report of the sample analysis on the quality and quantity of the treatment fractions (output) for a representative treatment configuration provided by an independent body.

1.Information to be submitted by the producer or its authorised representative for extended producer responsibility:

7.Name and address of the holder or owner of the vehicle delivered.