Changes from plenary report to adopted text

Article 38 – paragraph 3 – point b: deleted

Article 38 – paragraph 7: deleted

Article 39 – paragraph 1: 1. Before releasing used vehicles for export, customs shall verify electronically and automatically via the electronic systems referred to in Article 45, that based on the Vehicle Identification Number and the information on the Member State of last registration, the vehicle is roadworthy or not an end-of-life vehicle in accordance with Article 37.

Article 39 – paragraph 2: 2. Where the information provided or made available to customs does not correspond to the information in the national vehicle registers and national electronic systems on roadworthiness pursuant to paragraph 1, customs authorities shall not release that vehicle for export and shall inform the natural or legal person concerned thereof through these systems.

Article 40 – paragraph 3: 3. The Commission is empowered to adopt delegated acts in accordance with Article 50 to supplement this Regulation by setting out the compliance conditions referred to in paragraph 2 on the specific conditions applied to the import of used vehicles by the third country of import linked to the protection of the environment and road safety, when such conditions have been notified by that third country to the Commission. Those conditions shall be verifiable against the information available in the electronic systems referred to in Article 45(1).

Article 40 – paragraph 3 a (new): 3a. The Commission shall publish and regularly update in a dedicated online portal the notified specific conditions linked to the protection of the environment or road safety imposed by third countries in accordance to paragraph 3.

Article 41 – paragraph 1: 1. Where the customs authorities suspect that a used vehicle to be exported may not comply with the requirements of this Section, the customs authorities shall immediately suspend the release for export of that used vehicle until they obtain all necessary information to make a final decision. They shall also immediately notify the competent authorities of the suspension and transmit all relevant information needed to determine whether the used vehicle complies with the requirements of this Regulation and may be released for export.

Article 42 – paragraph 3: 3. After each release for export of a used vehicle, customs authorities shall notify that release for export to the competent authority of the Member State where the vehicle in question was registered at the time of export. The competent authority of that Member State shall record that information in its national vehicles register.

Article 45 – paragraph 1: 1. The MOVE-HUB electronic system developed by the Commission shall be used for exchanging and verifying Vehicle Identification Number and information on the vehicle registration and roadworthiness status between national vehicle registers and electronic systems on roadworthiness of the Member States, as well as, to interconnect to the EU Single Window Environment for Customs, where necessary for controls and requirements laid down in this Section.

Article 45 – paragraph 3 a (new): 3a. The obligation laid down in paragraph 1 shall be met if Member States use the European Car and Driving Licence Information System (EUCARIS) to connect to the MOVE-HUB electronic system.

Article 45 – paragraph 5 – subparagraph 1: The Commission shall by... [OP: please enter the date = the last day of the month following 18 months after the date of entry into force of this Regulation] adopt the implementing acts laying down the necessary arrangements for the implementation of the functionalities of the MOVE-HUB referred to in paragraph 2, including the technical aspects necessary for the interconnection of national electronic systems to the MOVE-HUB, the conditions of connection to MOVE-HUB, the data to be transmitted by the national systems and the format for the transmission of that data through the interconnected national systems.

Article 46 – paragraph 1 – point a a (new): (aa) collection points;

Article 46 – paragraph 1 – point c: (c) other facilities and economic operators, which may treat end-of-life vehicles or sell used spare parts and components removed from end-of-life vehicles.

Article 46 – paragraph 3: 3. Member States shall also carry out regular inspections concerning export of used vehicles in order to verify compliance with Article 38.

Article 46 – paragraph 3 a (new): 3a. Member States shall develop an inspection plan to identify and monitor the illegal treatment of end-of-life vehicles.

Article 47 – paragraph 1: 1. Member States shall establish, as regards all relevant competent authorities involved in the enforcement of this Regulation, effective mechanisms to enable those authorities to cooperate and coordinate domestically concerning the development and implementation of enforcement policies and activities related to monitoring vehicles registration, de-registration, suspension and cancellation of the registration, missing vehicles, certification of destruction, export of used vehicles as well as prevention of illegal treatment and export of end-of-life vehicles.

Article 47 – paragraph 2 – subparagraph 1: Member States shall cooperate, bilaterally and multilaterally, with one another in order to facilitate the prevention and detection of illegal treatment and export of end-of-life vehicles and to address the issue of missing vehicles. They shall exchange relevant information on vehicles registration, de-registration and suspension and cancellation of the registration, through the electronic exchange system referred to in Article 45. They shall also exchange relevant information on authorised treatment facilities and repair and maintenance operators not permitted as authorised treatment facilities, and other facilities and economic operators, who may perform operations concerning treatment of end-of-life vehicles. They shall share experience and knowledge on enforcement measures within established structures.

Article 47 – paragraph 3 a (new): 3a. For the purposes of this Article and in order to facilitate the cooperation between Member States, the Commission shall set up and supervise a Coordination Network to ensure effective coordination of national enforcement policies. The Coordination Network shall be composed of representatives of each Member State and of the Commission.

Article 47 – paragraph 3 b (new): 3b. The Coordination Network shall promote the exchange of best practices, facilitate the uniform interpretation and enforcement of this Regulation, exchange information about the enforcement activities, develop an electronic information exchange procedure and initiate joint enforcement actions.

Article 49 – paragraph 1 – subparagraph 1 – point e a (new): (ea) the number and weight of end-of-life vehicles imported or shipped for further treatment from another Member State or a third country;

Article 49 – paragraph 1 – subparagraph 1 – point e b (new): (eb) the number of used vehicles released for export or imported from third country;

Article 49 – paragraph 1 – subparagraph 1 – point m a (new): (ma) the quantities of critical raw materials removed and recovered from end-of-life vehicles.

Article 49 – paragraph 3 – subparagraph 1 – point a: (a) incentives introduced to promote the reuse, remanufacturing and refurbishment of parts and components in accordance with Article 33 and their impact;

Article 49 – paragraph 3 – subparagraph 3: The Commission shall review the reports submitted by the Member States and, draw up and publish reports on the received information in order to evaluate the implementation of this Regulation in Member States and to facilitate the exchange of information on best practices applied in the Member States.

Article 49 – paragraph 5 – subparagraph 1 – point a – point i: (i) the methodology for determining the amount and weight of parts, components and materials removed for purposes referred to in paragraph 1, points (g), (h), (i) and (ma);

Article 49 – paragraph 5 – subparagraph 1 – point b: (b) the format for the reporting to the Commission referred to in paragraphs 1, 2, and 3, as well as the format for the quality check report.

Article 49 – paragraph 5 – subparagraph 2: Those implementing acts shall be adopted by ... [OP: Please insert the date = the first day of the month following 24 months after the entry into force of this Regulation] in accordance with the examination procedure referred to in Article 51(2).

Article 49 – paragraph 6: 6. Producers, producer responsibility organisations, waste management operators and other relevant economic operators shall provide competent authorities with accurate and reliable data allowing Member States to fulfil their reporting obligations under this Article.

Article 50 – paragraph 2: 2. The power to adopt delegated acts referred to in Articles 5(4), 6(2), 6(3), 6(4), 7(3), 9(7), 11(3), 12(3), 21(2), 22(4), 27(4), 38(7) and 40(3) [final list to be updated upon end of negotiations] shall be conferred on the Commission for a period of 5 years from [OP: Please insert the date = the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than three months before the end of each period.

Article 50 – paragraph 3: 3. The delegation of power referred to in Articles 5(4), 6(2), 6(3), 6(4), 7(3), 9(7), 11(3), 12(3), 21(2), 22(4), 27(4), 38(7) and 40(3) [final list to be updated upon end of negotiations] may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Article 50 – paragraph 6: 6. A delegated act adopted pursuant to Articles 5(4), 6(2, 6(3), 6(4), 7(3), 9(7), 11(3), 12(3), 21(2), 22(4), 27(4), 38(7) and 40(3) [final list to be updated upon end of negotiations] shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 55 – paragraph 1: 1. By 31 December 203* [OP: Please insert the date = the last day of the year following 95 months after the date of entry into force of this Regulation], the Commission shall review and draw up a report on the application of this Regulation and its impact on the environment, human health and the functioning of the single market and submit it to the European Parliament and to the Council. Where appropriate, the report shall be accompanied by a legislative proposal to amend relevant provisions of this Regulation.

Article 55 – paragraph 2 – point a a (new): (aa) the need to extend the scope of this Regulation to vehicles that are type-approved in multi-stage type approval and to motor caravans and trailer caravans;

Article 55 – paragraph 2 – point e a (new): (ea) the impact of the measures regarding the export of used vehicles laid down in Chapter V and the extent to which the issue of missing vehicles has been solved, including estimates on the number of missing vehicles;

Article 55 – paragraph 2 – point e b (new): (eb) the measures concerning provisions on processes that may affect high-quality recycling of vehicles at their end-of-life;

Article 55 – paragraph 2 – point e c (new): (ec) the impact of differences in the national roadworthiness criteria to the used vehicles exports and the internal market.

Article 55 – paragraph 2 a (new): 2a. By ... [60 months from the date of entry into force of this Regulation], the Commission shall conduct an assessment to evaluate, based on the declarations made under Article 10, whether manufacturers are on track to comply with the recycled plastic targets laid down in Article 6(1). The assessment shall particularly evaluate: / (a) the availability of suitable plastic recycling technologies; / (b) the sufficient availability of recycled plastic; / (c) the level of quality of recycled plastic comparing to the level of safety required and; / (d) technical and economic difficulties to reach the target. / On the basis of the assessment, the Commission may, where appropriate, submit a legislative proposal to the European Parliament and to the Council to amend the targets laid down in Article 6(1) in order to provide for derogations from the scope, timing or level of minimum percentages set out therein.

Annex I – Part A – point 1 – introductory part: 1. A vehicle is irreparable when it meets one or more of the following criteria:

Annex I – Part A – point 1 – point a: (a) it has been cut into pieces or dismantled for reuse of its parts or is no longer used as a vehicle;

Annex I – Part A – point 1 – point b: deleted

Annex I – Part A – point 1 – point c: (c) it has been burnt to the point where the engine compartment or passenger compartment is completely destroyed;

Annex I – Part A – point 1 – point d: (d) it has been submerged in water to a level above the dashboard;

Annex I – Part A – point 1 – point e – introductory part: (e) one or several of the following components of the vehicle can, from a technical point of view, be neither repaired nor replaced:

Annex I – Part A – point 1 – point f: (f) its structural and safety components have technical defects that are irreversible and where the damage is so extensive that repair or replacement is not technically feasible without compromising the lasting structural integrity of the vehicle or road safety.

Annex I – Part A – point 1 – point g: deleted

Annex I – Part A – point 2: deleted

Annex I – Part A – point 3: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Annex I – Part B – paragraph 1 – introductory part: The following criteria may also be used during an individual assessment as additional justification to determine if a used vehicle is an end-of-life vehicle:

Annex I – Part B – paragraph 1 – point b: (b) it is impossible to establish who is the owner;

Annex I – Part B – paragraph 1 – point c: deleted

Annex I – Part B – paragraph 1 – point d: (d) it is not appropriately protected against damage during storage, transportation, loading and unloading;

Annex I – Part B – paragraph 1 – point e: (e) it was handed over for treatment to an authorised collection point or an authorised waste treatment facility;

Annex I – Part B – paragraph 1 – point e a (new): (ea) it has been submerged in water to a level below the dashboard, and damaged the engine or electrical system;

Annex I – Part B – paragraph 1 – point e b (new): (eb) its fuel or fuel vapours are discharged posing a risk of fire and explosion; or

Annex I – Part B – paragraph 1 – point e c (new): (ec) gas has leaked from its liquid gas system posing a risk of fire and explosion;

Annex I – Part B – paragraph 1 – point e d (new): (ed) its operating liquids (fuel, brake fluid, anti-freeze liquid, battery acid, coolant liquid) have been discharged posing a risk of water pollution.

Annex IV – Part A – point 1: 1. A non-technical description of the actions planned to ensure that the vehicles meet the legal requirements referred to in Articles 4 to 7 throughout their production.

Annex IV – Part A – point 2 – point b: (b) check the completeness of information received from suppliers;

Annex IV – Part A – point 2 – point c: deleted