The End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003

Interpretation S

2.  In these Regulations–

“depollution”, in relation to a waste motor vehicle, means the carrying out on it of any of the operations described in paragraph 3 of Part 2 of the Schedule to these Regulations that are possible (or, in the case of a component identified as containing mercury, feasible) in respect of it, and only when all such operations have been completed shall a waste motor vehicle qualify as “depolluted”;

“Directive” means Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles as amended M1 ;

“end-of-life vehicle” means a vehicle which is waste within the meaning of [F1 Article 3(1)] of the Waste Directive;

“energy recovery” means 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;

“keeping” has the same meaning as does the word “storage” in the Directive, and references to “keeping or treatment” include, where appropriate, references to “keeping and treatment”;

“recovery” means any of the operations listed in [F2 Annex II] to the Waste Directive;

“recycling” means the processing in a production process of waste materials for the original purpose or for other purposes but excluding energy recovery;

“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 the disposal of the end-of-life vehicle and its component, and “treated” shall be construed accordingly;

“vehicle” means any vehicle designated as category M1 or N1 in Council Directive 70/156/EEC as amended M2 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers, and three wheel motor vehicles as defined in Council Directive 92/61/EEC M3 relating to the type-approval of two or three wheel motor vehicles, but excluding motor tricycles;

[F3 “Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives, as last amended by Commission Directive (EU) 2015/1127 amending Annex II to Directive 2008/98/EC;]

“waste management licence” means a licence granted under section 35 (waste management licenses: general) of the Environmental Protection Act 1990 M4 or, as the case may be, issued under section 5 (licences to dispose of waste) of the Control of Pollution Act 1974 M5 , and “site licence” means the type of waste management licence thus described in section 35(12) of the Environmental Protection Act 1990; and

“waste motor vehicle” means a motor vehicle of any type that is waste and includes an end of life vehicle;

Textual Amendments

F1 Words in reg. 2 substituted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), reg. 1(1), sch. para. 13(a)

F2 Words in reg. 2 substituted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), reg. 1(1), sch. para. 13(b)

F3 Words in reg. 2 substituted (1.7.2016) by The Waste (Meaning of Recovery) (Miscellaneous Amendments) (Scotland) Order 2015 (S.S.I. 2015/438), arts. 1, 3

Marginal Citations

M1 O.J. No. L 269, 21.10.2000, p.34; amended by Commission Decisions 2002/151/EC (O.J. No. L 50, 21.2.2002, p.94) and 2002/525/EC (O.J. No. L 170, 29.6.2002, p.81).

M2 O.J. No. L 42, 23.2.70, p.1, as amended by Directive 98/91/EC of the European Parliament and of the Council (O.J. No. L 11, 16.1.99, p.25).

M3 O.J. No. L 225, 10.8.92, p.72.

M4 1990 c. 43.

M5 1974 c. 40.