The End-of-Life Vehicles (Producer Responsibility) Regulations 2005

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InterpretationE+W

This adran has no associated Memorandwm Esboniadol

2. In these Regulations—

“the Directive” means Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles (1) [F1, as last amended by [F2Commission Delegated Directive (EU) 2020/363]] [F3and as read in accordance with regulation 2A];

[F4“appropriate agency” means—

(a)

in relation to England, the Environment Agency,

(b)

in relation to Wales, the Natural Resources Body for Wales,

(c)

in relation to Scotland, the Scottish Environment Protection Agency,

(d)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;]

[F4“appropriate authority” means—

(a)

in relation to England, the Secretary of State,

(b)

in relation to Wales, the Welsh Ministers,

(c)

in relation to Scotland, the Scottish Ministers,

(d)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;]

[F5“authorised treatment facility” means any establishment or undertaking carrying out treatment operations which holds—

(a)

in England or Wales, an environmental permit authorising those operations granted under regulation 13(1) of the Environmental Permitting (England and Wales) Regulations 2016;

(b)

in Scotland, a site licence that complies with the relevant provisions of regulations 3 to 6 of the End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003 or a permit issued under regulation 13 of the Pollution Prevention and Control (Scotland) Regulations 2012;

(c)

in Northern Ireland—

(i)

a site licence that meets the requirements of regulation 26 of, and Schedule 5 to, the Waste Management Licensing Regulations (Northern Ireland) 2003;

(ii)

a permit granted under regulation 10 of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;]

“certificate of compliance” means the type of certificate referred to in regulation 19;

“certificate of destruction” means the type of certificate referred to in Part V of the End-of-Life Vehicles Regulations 2003;

“compliance notice” means the notice referred to in regulation 16;

“end-of-life vehicle” means a vehicle which is waste within the meaning of [F6Article 3(1)] of the Waste Directive [F7, as read with Articles 5 and 6 of that Directive];

[F8“local authority” means—

(a)

in England outside Greater London—

(i)

a district council,

(ii)

a county council, or

(iii)

the Council of the Isles of Scilly;

(b)

in Greater London—

(i)

the council of a London borough,

(ii)

the Common Council of the City of London,

(iii)

the Sub-Treasurer of the Inner Temple, or

(iv)

the Under-Treasurer of the Middle Temple;

(c)

in Wales—

(i)

a county council, or

(ii)

a county borough council;

(d)

in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(e)

in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972;]

“producer” means the vehicle manufacturer or the professional importer of a vehicle into the United Kingdom;

[F9“recovery” has the meaning given by Article 3(15) of the Waste Directive;]

“recycling” means the reprocessing in a production process of waste materials for the original purpose or for other purposes but excluding the use of combustible waste as a means to generate energy through direct incineration with or without other waste but with recovery of the heat;

“reuse” means any operation by which components of end-of-life vehicles are used for the same purpose for which they were conceived;

“treatment” means any activity after the end-of-life vehicle has been handed over to a facility for depollution, dismantling, shearing, shredding, recovery or preparation for disposal of the shredder wastes, and any other operation carried out for the recovery and/or disposal of the end-of-life vehicle and its components; and “treat” and “treated” shall be construed accordingly;

[F10“vehicle” means—

(a)

any vehicle designated as category M₁ or N₁ defined in [F11Article 4 of 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]; and

(b)

three-wheel motor vehicles within the meaning of Article 4 and Annex 1 of Regulation (EU) No 168/2013 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles M1 as it may be amended from time to time, but excluding any vehicle of category L5e;]

“the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste [F12, as last amended by [F13Directive (EU) 2018/851]] [F14, and as read in accordance with regulation 2B].

Extent Information

E1This version of this provision extends to England and Wales only; separate versions have been created for Scotland only and Northern Ireland only

Textual Amendments

F1Words in reg. 2 inserted (17.9.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 11(2)(a)

F2Words in reg. 2 substituted (1.10.2020) by The Waste (Circular Economy) (Amendment) Regulations 2020 (S.I. 2020/904), regs. 1(1), 8(a)

F3Words in reg. 2 inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 10(2)(a) (as amended by S.I. 2020/1540, regs. 1(3), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F4Words in reg. 2 inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 10(2)(b) (as amended by S.I. 2020/1540, regs. 1(3), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F5Words in reg. 2 substituted (28.2.2019) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(a), 3(2)(a)

F6Words in reg. 2 substituted (E.W.) (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 19(a) (with regs. 2, 47(2))

F7Words in reg. 2 inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 10(2)(c) (as amended by S.I. 2020/1540, regs. 1(3), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F8Words in reg. 2 inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 10(2)(d) (as amended by S.I. 2020/1540, regs. 1(3), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F9Words in reg. 2 substituted (E.W.) (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 19(b) (with regs. 2, 47(2))

F10Words in reg. 2 substituted (20.5.2018) by The Motorcycles (Type-Approval) Regulations 2018 (S.I. 2018/235), reg. 1(b), Sch. 2 para. 5 (with reg. 1(c), Sch. 1 paras. 16, 17)

F11Words in reg. 2 substituted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 20(2) (with Sch. 4 paras. 16, 17)

F12Words in reg. 2 inserted (17.9.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 11(2)(b)

F13Words in reg. 2 substituted (1.10.2020) by The Waste (Circular Economy) (Amendment) Regulations 2020 (S.I. 2020/904), regs. 1(1), 8(b)

F14Words in reg. 2 inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 10(2)(f) (as amended by S.I. 2020/1540, regs. 1(3), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1OJ No L 60, 2.3.2013, p.52.

InterpretationS

2. In these Regulations—

“the Directive” means Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles (1) [F15, as last amended by [F16Commission Delegated Directive (EU) 2020/363]] [F17and as read in accordance with regulation 2A];

[F18“appropriate agency” means—

(a)

in relation to England, the Environment Agency,

(b)

in relation to Wales, the Natural Resources Body for Wales,

(c)

in relation to Scotland, the Scottish Environment Protection Agency,

(d)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;]

[F18“appropriate authority” means—

(a)

in relation to England, the Secretary of State,

(b)

in relation to Wales, the Welsh Ministers,

(c)

in relation to Scotland, the Scottish Ministers,

(d)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;]

[F19“authorised treatment facility” means any establishment or undertaking carrying out treatment operations which holds—

(a)

in England or Wales, an environmental permit authorising those operations granted under regulation 13(1) of the Environmental Permitting (England and Wales) Regulations 2016;

(b)

(c)

in Northern Ireland—

(i)

a site licence that meets the requirements of regulation 26 of, and Schedule 5 to, the Waste Management Licensing Regulations (Northern Ireland) 2003;

(ii)

a permit granted under regulation 10 of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;]

“certificate of compliance” means the type of certificate referred to in regulation 19;

“certificate of destruction” means the type of certificate referred to in Part V of the End-of-Life Vehicles Regulations 2003;

“compliance notice” means the notice referred to in regulation 16;

[F20“end-of-life vehicle” means a vehicle which is waste within the meaning of Article 3(1) of the Waste Directive [F7, as read with Articles 5 and 6 of that Directive];]

[F21“local authority” means—

(a)

in England outside Greater London—

(i)

a district council,

(ii)

a county council, or

(iii)

the Council of the Isles of Scilly;

(b)

in Greater London—

(i)

the council of a London borough,

(ii)

the Common Council of the City of London,

(iii)

the Sub-Treasurer of the Inner Temple, or

(iv)

the Under-Treasurer of the Middle Temple;

(c)

in Wales—

(i)

a county council, or

(ii)

a county borough council;

(d)

in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(e)

in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972;]

“producer” means the vehicle manufacturer or the professional importer of a vehicle into the United Kingdom;

“recovery” means any of the applicable operations provided for in [F22Annex II] to the Waste Directive;

“reuse” means any operation by which components of end-of-life vehicles are used for the same purpose for which they were conceived;

[F23“vehicle” means—

(a)

any vehicle designated as category M₁ or N₁ defined in [F24Article 4 of 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]; and

(b)

three-wheel motor vehicles within the meaning of Article 4 and Annex 1 of Regulation (EU) No 168/2013 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles F25 as it may be amended from time to time, but excluding any vehicle of category L5e;]

“the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste [F26, as last amended by [F27Directive (EU) 2018/851]] [F28, and as read in accordance with regulation 2B].

Extent Information

E2This version of this provision extends to Scotland only; separate versions have been created for England and Wales only and Northern Ireland only

Textual Amendments

F15Words in reg. 2 inserted (17.9.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 11(2)(a)

F16Words in reg. 2 substituted (1.10.2020) by The Waste (Circular Economy) (Amendment) Regulations 2020 (S.I. 2020/904), regs. 1(1), 8(a)

F17Words in reg. 2 inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 10(2)(a) (as amended by S.I. 2020/1540, regs. 1(3), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F18Words in reg. 2 inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 10(2)(b) (as amended by S.I. 2020/1540, regs. 1(3), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F19Words in reg. 2 substituted (28.2.2019) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(a), 3(2)(a)

F20Words in reg. 2 substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), reg. 1(1), sch. para. 16(a)

F21Words in reg. 2 inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 10(2)(d) (as amended by S.I. 2020/1540, regs. 1(3), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F22Words in reg. 2 substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), reg. 1(1), sch. para. 16(b)

F23Words in reg. 2 substituted (20.5.2018) by The Motorcycles (Type-Approval) Regulations 2018 (S.I. 2018/235), reg. 1(b), Sch. 2 para. 5 (with reg. 1(c), Sch. 1 paras. 16, 17)

F24Words in reg. 2 substituted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 20(2) (with Sch. 4 paras. 16, 17)

F25OJ No L 60, 2.3.2013, p.52.

F26Words in reg. 2 inserted (17.9.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 11(2)(b)

F27Words in reg. 2 substituted (1.10.2020) by The Waste (Circular Economy) (Amendment) Regulations 2020 (S.I. 2020/904), regs. 1(1), 8(b)

F28Words in reg. 2 inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 10(2)(f) (as amended by S.I. 2020/1540, regs. 1(3), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

InterpretationN.I.

2. In these Regulations—

“the Directive” means Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles (1) [F29, as last amended by [F30Commission Delegated Directive (EU) 2020/363]] [F31and as read in accordance with regulation 2A];

[F32“appropriate agency” means—

(a)

in relation to England, the Environment Agency,

(b)

in relation to Wales, the Natural Resources Body for Wales,

(c)

in relation to Scotland, the Scottish Environment Protection Agency,

(d)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;]

[F32“appropriate authority” means—

(a)

in relation to England, the Secretary of State,

(b)

in relation to Wales, the Welsh Ministers,

(c)

in relation to Scotland, the Scottish Ministers,

(d)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;]

[F33“authorised treatment facility” means any establishment or undertaking carrying out treatment operations which holds—

(a)

in England or Wales, an environmental permit authorising those operations granted under regulation 13(1) of the Environmental Permitting (England and Wales) Regulations 2016;

(b)

(c)

in Northern Ireland—

(i)

a site licence that meets the requirements of regulation 26 of, and Schedule 5 to, the Waste Management Licensing Regulations (Northern Ireland) 2003;

(ii)

a permit granted under regulation 10 of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;]

“certificate of compliance” means the type of certificate referred to in regulation 19;

“certificate of destruction” means the type of certificate referred to in Part V of the End-of-Life Vehicles Regulations 2003;

“compliance notice” means the notice referred to in regulation 16;

“end-of-life vehicle” means a vehicle which is waste within the meaning of [F34Article 3(1)] of the Waste Directive [F7, as read with Articles 5 and 6 of that Directive];

[F35“local authority” means—

(a)

in England outside Greater London—

(i)

a district council,

(ii)

a county council, or

(iii)

the Council of the Isles of Scilly;

(b)

in Greater London—

(i)

the council of a London borough,

(ii)

the Common Council of the City of London,

(iii)

the Sub-Treasurer of the Inner Temple, or

(iv)

the Under-Treasurer of the Middle Temple;

(c)

in Wales—

(i)

a county council, or

(ii)

a county borough council;

(d)

in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(e)

in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972;]

“producer” means the vehicle manufacturer or the professional importer of a vehicle into the United Kingdom;

“recovery” means any of the applicable operations provided for in [F36Annex 2] to the Waste Directive;

“reuse” means any operation by which components of end-of-life vehicles are used for the same purpose for which they were conceived;

[F37“vehicle” means—

(a)

any vehicle designated as category M₁ or N₁ defined in [F38Article 4 of 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]; and

(b)

three-wheel motor vehicles within the meaning of Article 4 and Annex 1 of Regulation (EU) No 168/2013 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles F39 as it may be amended from time to time, but excluding any vehicle of category L5e;]

“the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste [F40, as last amended by [F41Directive (EU) 2018/851]] [F42, and as read in accordance with regulation 2B].

Extent Information

E3This version of this provision extends to Northern Ireland only; separate versions have been created for England and Wales only and Scotland only

Textual Amendments

F29Words in reg. 2 inserted (17.9.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 11(2)(a)

F30Words in reg. 2 substituted (1.10.2020) by The Waste (Circular Economy) (Amendment) Regulations 2020 (S.I. 2020/904), regs. 1(1), 8(a)

F31Words in reg. 2 inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 10(2)(a) (as amended by S.I. 2020/1540, regs. 1(3), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F32Words in reg. 2 inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 10(2)(b) (as amended by S.I. 2020/1540, regs. 1(3), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F33Words in reg. 2 substituted (28.2.2019) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(a), 3(2)(a)

F34Words in reg. 2 substituted (N.I.) (28.2.2019) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(a), 3(2)(b)

F35Words in reg. 2 inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 10(2)(d) (as amended by S.I. 2020/1540, regs. 1(3), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F36Words in reg. 2 substituted (N.I.) (28.2.2019) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(a), 3(2)(c)

F37Words in reg. 2 substituted (20.5.2018) by The Motorcycles (Type-Approval) Regulations 2018 (S.I. 2018/235), reg. 1(b), Sch. 2 para. 5 (with reg. 1(c), Sch. 1 paras. 16, 17)