3. Enforcement techniques to reduce illegal dismantling of ELVs at dealers and repair shops (garages) and actions to improve ATF compliance

1.       Background information

According to Article 6 and Annex I of the ELV Directive, Authorised Treatment Facilities (ATFs) should be registered with the competent authorities, they should have a permit as a registered facility and they should treat ELVs according to the minimum technical requirements for treatment, as described in Annex I to the ELV Directive that ensures environmental protection and promotes recycling and reuse of parts. All dismantling (including separating spare parts for private purposes or for sale) undertaken at unauthorised treatment facilities is illegal.

As stipulated by the ELV Directive, a certificate of destruction (CoD) is a precondition for de-registering an end-of life vehicle. This certificate should be issued by an ATF, or dealers or collectors on behalf of an ATF, and should be supplied to the holder and/ or owner when the ELV has been transferred to an ATF. The CoD should then be presented to the relevant competent authority in order to de-register the vehicle.

Some Member States conducted comprehensive compliance checks, which could be considered as ‘best practice’ for enforcement in this sector.

Member States also report on illegal dismantling that takes place, for example, in repair garages or at vehicle dealer locations.

 

2.       Key issues

Illegal dismantlers may not fulfil the requirements for treatment as described in the ELV Directive. As such, all illegally treated ELVs pose an environmental and economic challenge.

For ELVs dismantled illegally, final destruction of the vehicles is not reported to the relevant national competent authority.

Not all ELVs transferred to the ATF receive a CoD. This can happen, for example, when the origin of a vehicle is unknown (no vehicle documentation or the vehicle is not registered in the MS in which the treatment takes place). Consequently, the ELV’s final destruction is not reported to the relevant competent authority.

It is known that ATFs and shredders do accept ELVs dismantled by unauthorised treatment facilities, resulting in unknown treatment and depollution conditions that could pose environmental pollution risks.