PART I U.K. General

Interpretation U.K.

2.  In these Regulations—

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

[F1 “authorised treatment facility” means any establishment or undertaking carrying out treatment operations which holds a site licence that meets the requirements of Part VII and Schedule 5 to these Regulations in compliance with Article 6 of the Directive and Articles 9, 10 and 11 of the Waste Directive;][F1 “authorised treatment facility” means any establishment or undertaking carrying out treatment operations which holds an environmental permit authorising those operations granted under regulation 13(1) of the Environmental Permitting (England and Wales) Regulations [F2 2010];]

“certificate of compliance” means the certificate referred to in Part VI of these Regulations;

“certificate of destruction” means the certificate referred to in Part V of these Regulations;

“compliance notice” means a notice in writing served in accordance with regulation 9 or 21, as the case may be;

“dismantling information” means all information required for the correct and environmentally sound treatment of end-of-life vehicles;

[F3 “an EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978];

“end-of-life vehicle” means a vehicle which is waste within the meaning of [F4 Article 1(a)][F4 Article 3(1)] of the Waste Directive;

[F5 “enforcement authority” means any person mentioned in regulation 25;]

[F5 “enforcement officer”, in relation to an enforcement authority, means a person authorised in writing to assist the authority in carrying out its functions under or for the purposes of the enforcement of these Regulations, except in relation to an enforcement authority which is a government department where it means an officer of that department;]

[F6 “hazardous substance” means any substance which fulfils the criteria for any of the following hazard classes or categories set out in Annex I of 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—

(a)

hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F;

(b)

hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10;

(c)

hazard class 4.1; and

(d)

hazard class 5.1;]

“prevention” means measures aiming at the reduction of the quantity and the harmfulness for the environment of end-of-life vehicles, their materials and substances;

“producer” means the vehicle manufacturer or the professional importer of a vehicle into a member State;

“recovery” means any of the applicable operations provided for in [F7 Annex IIB][F7 Annex II] to the Waste Directive;

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

“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 “treated” shall be construed accordingly;

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

[F8 “the Waste Directive” means Council Directive 75/442/ECM4 on waste.][F8 “the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste.]

Textual Amendments

F1 Words in reg. 2 substituted (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 21 para. 43(2) (with regs. 69-72)

F2 Word in reg. 2 substituted (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1), Sch. 26 para. 20 (with reg. 1(2))

F3 Words in reg. 2 substituted (1.7.2010) by The End-of-Life Vehicles (Amendment) Regulations 2010 (S.I. 2010/1094), regs. 1(2), 2(2)(a)

F4 Words in reg. 2 substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), reg. 1(1), Sch. para. 15(a)

F5 Words in reg. 2 inserted (1.7.2010) by The End-of-Life Vehicles (Amendment) Regulations 2010 (S.I. 2010/1094), regs. 1(2), 2(2)(b)

F6 Words in reg. 2 substituted (1.12.2010) by The End-of-Life Vehicles (Amendment) Regulations 2010 (S.I. 2010/1094), regs. 1(3), 2(2)(c)

F7 Words in reg. 2 substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), reg. 1(1), Sch. para. 15(b)

F8 Words in reg. 2 substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), reg. 1(1), Sch. para. 15(c)

Marginal Citations

M1 OJ No. L269, 21.10.2002, p. 34; amended by Commission Decision 2002/525/EC (OJ No. L170, 29.06.2002, p. 81).

M2 OJ No. L42, 23.02.1970, p. 1, as amended by Directive 98/91/EC of the European Parliament and of the Council (OJ L11, 16.01.1999, p. 25).

M3 OJ No. L225, 10.08.1992, p. 72.

M4 OJ No. L194, 25.07.1975, p. 39; amended by Council Directives 91/156/EEC (OJ No.L78, 26.03.1991, p. 32) and 91/692/EEC (OJ No. L377, 31.12.1991, p. 48) and by Commission Directive 96/350/EC (OJ No. L135, 06.06.1996, p. 32).