-Part 3 - Describes some of the options for proper disposal and lists their legal basis. Special case: The car goes abroad
4 The difficult implementation practice in the EU Member States
According to Regulation (EC) No. 1013/2006 on shipments of waste, the transboundary shipment of non-discharged end-of-life vehicles to EU Member States and OECD countries requires notification and authorization from the competent authorities in the countries involved in the transboundary shipment (producer country, recipient country, transit countries). The export of end-of-life vehicles that have not been drained to non-OECD countries is prohibited. In the case of cross-border shipments of used vehicles, written evidence can be used to document the non-waste status (technical report by an automotive expert or fully completed certificate of reparability of a vehicle in accordance with Annex 3 to the EU Approach Directives No. 9); these are already binding under Austrian law. However, the practice is sometimes different, as reported in numerous cases in Germany and other Member States. Vehicles are pre-dismantled, cut in half or shipped as complete end-of-life vehicles in containers, exported to Eastern Europe or African countries, made "roadworthy" again there in accordance with regional law and still driven (see Figs. 2 and 3).
In a long-known case in Essen, there are massive enforcement problems which, according to the authorities, make it difficult to shut down operations. At the same time, the powerlessness of the authorities to take action against the illegal operation of facilities and exports is evident: "The owner rents out plots of land as storage space to African businessmen, the plots are parceled out and sublet to African compatriots, who often enter the country on tourist visas. It is difficult for representatives of the authorities to determine who is using the plots because landlords and subletters cannot usually be contacted. This is made more difficult by the fact that work is not carried out during normal business hours. During official inspections, the plots are locked and no one is found. The vehicles and car parts for export are loaded and transported away in the late evening hours or at weekends. Due to the lack of staff and the wide range of tasks carried out by the enforcement authority, continuous monitoring is not possible. It has been established that dismantling work on motor vehicles is taking place on the sites, but it is difficult to identify the people responsible, and the landlords are clueless when asked and refer to their rental contracts as storage space. Due to the welding and foaming of the vehicles, it is impossible to check whether the vehicles contain goods that may not be exported without opening them, and the lack of qualifications to assess whether it is an end-of-life vehicle or a used vehicle makes it unclear whether export notification is required. Furthermore, the Environment Agency does not have any land available to store seized vehicles. Due to the quantity of vehicles, it is not possible to appoint an expert to assess the vehicles for cost reasons."
This is accompanied by countless environmental law problems that have been neglected in the entire discussion about the implementation of end-of-life vehicle legislation. Based on the unsatisfactory legal situation of a clear distinction between end-of-life vehicles as waste and used vehicles, a gray area has emerged in which massive environmental hazards can also occur in Germany. The improper dismantling of end-of-life vehicles sometimes results in significant soil contamination and the associated potential water hazards. The associated costs for remediation measures must be borne by the local authorities if the owners of the land do not assume liability. In many cases, however, the municipal budget could fail to cover the costs due to a lack of liquidity. This case illustrates how difficult it is for enforcement authorities to apply existing legislation. An effective solution would therefore have to be sought at an economic level, making illegal storage, dismantling and transportation unattractive from the outset.
However, there are further implementation difficulties in practice; initial experiences with the implementation of end-of-life vehicle legislation in the EU will soon be published as part of an EU-funded research project. Another project related to Rhineland-Palatinate dealt more with the application of the certificate of destruction. The certificate of destruction is an important instrument in the context of end-of-life vehicle recovery.
vehicle take-back, but only plays a subordinate role in practice. This certificate is issued when the vehicle is finally decommissioned. Section 4 (2) of the End-of-Life Vehicles Ordinance states:
"Operators of dismantling facilities are obliged to certify the transfer in accordance with paragraph 1 immediately by means of a certificate of destruction. Certificates of destruction may only be issued by operators of recognized dismantling facilities. Operators of dismantling facilities may only instruct recognized collection facilities or recognized take-back facilities to issue the certificate of destruction. When the certificate of destruction is issued or handed over, end-of-life vehicles may only be sent for proper recovery in accordance with the provisions of this Ordinance. This is assured when the certificate of destruction is issued or handed over."
The results of a study by Ökopol and the Wuppertal Institute for the state of Rhineland-Palatinate on the status of end-of-life vehicle recovery in 2016, which is about to be published, show that the certificate of destruction is also not a suitable instrument for providing assistance with the demarcation question. On the one hand, the certificate of destruction is intended to have a steering effect by ensuring the proper recycling of end-of-life vehicles in recognized dismantling facilities and, on the other hand, to generate information on the whereabouts of end-of-life vehicles. Based on the data collected in this project and the findings from the UBA whereabouts project, it was concluded that the certificate of destruction instrument is currently only insufficiently fulfilling these hoped-for effects. A certificate of destruction was only used for approx. 4.1% of end-of-life vehicles recycled in Rhineland-Palatinate when or after being taken out of service. According to waste statistics for Germany as a whole, 10% of end-of-life vehicles recycled in recognized dismantling facilities in 2013 were taken out of service with a certificate of destruction or for which a certificate of destruction was subsequently submitted (personal communication with KBA on 11.06.2015).
5 Summary
The implementation of the End-of-Life Vehicles Directive is still unsatisfactory. The recycling quotas are being met, at least in Germany, but the total number of end-of-life vehicles recycled properly and without damage is completely inadequate. Numerous undesirable developments, which essentially result from inadequate demarcation criteria for "waste" and "used vehicles" and a lack of enforcement in almost all Member States, must prompt authorities and politicians to take further action. Regional enforcement authorities must exercise greater control and political representatives at national and EU level are called upon to issue legally binding and clear guidelines. In order to introduce various new instruments and bring about a change in the directive, an early stakeholder discussion at European level must be initiated by the EU Commission.
It has already been stated elsewhere that economic instruments are needed to get the circular economy off the ground.
