The End-of-Life Vehicles (Amendment) Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the End-of-Life Vehicles Regulations 2003 (S.I.2003/2635) (“the 2003 Regulations”). The 2003 Regulations partially implement Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles (OJ No L 269, 21.10.2000, p. 34) (“the ELV Directive”).

Regulation 2(2)(a) amends the definition of EEA state. The new definition refers to the definition of “EEA State” inserted into the Interpretation Act 1978 by the Legislative and Regulatory Reform Act 2006; this includes all Community member States.

Regulation 2(2)(b) inserts definitions of “enforcement authority” and “enforcement officer”.

Regulation 2(2)(c) transposes Article 4 of Directive 2008/112/EC of the European Parliament and of the Council of 16th December 2008 (OJ No L 345, 23.12.2008, p. 68) which amends the ELV Directive in order to adapt it to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16th December 2008 on classification, labelling and packaging of substances and mixtures (OJ No L 353, 31.12.2008, p. 1).

Regulation 2(3) substitutes a new regulation 6 which provides that a person who puts on the market materials and components of vehicles shall ensure that they do not contain lead, mercury, cadmium or hexavalent chromium except in the cases listed in Annex II to the ELV Directive, as that Annex is amended from time to time. Regulations 2(4)-(7) make necessary consequential amendments.

Regulation 2(8) inserts a new regulation 22A which gives an enforcement authority powers of entry and inspection.

Regulation 2(13) and (14) omit regulation 35 and Schedule 1 of the 2003 Regulations respectively.

An Impact Assessment (“IA”) in respect of these Regulations is available. As these Regulations transpose provisions of European Union law a transposition note (“TN”) has been prepared. Copies of the IA and TN can be obtained from the Department for Business, Innovation and Skills, 1 Victoria Street, London, SW1H 0ET. Copies of these documents have been placed in the libraries of both Houses of Parliament and are also annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.