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Ausgangstext - Englisch Eroticism has this in common with an addictive drug: that there is a coercive element to its pleasure with which part of us is in complicity, and part not. Thus ever since time began men have been trying to enjoy eroticism without being destroyed by it. Societies, religions can be defined in the way they deal with this conundrum. Polygamy, monogamy with repression, monogamy with affairs, monogamy with prostitutes, serial monogamy. Not to mention individual solutions of great ingenuity, or desperation: Victor Hugo with the door knocked through the wall of his office, to let in a girl each afternoon. Auden's flair for finding call-boys in every town. Picasso who simply refused when wife and mistress demanded he choose between them. Then there is always the hair-shirt of course. But perhaps the thing to remember when you wake up with a life full of fresh paint and tortuous complications is that eroticism wasn't invented for you, nor merely for the survival of the species perhaps, but for a divinity's entertainment. Nothing generates so many opportunities for titillation and schadenfreude as eroticism. Which is why it lies at the centre of so much narrative. How the gods thronged the balconies of heaven to see the consequences of Helen's betrayal! And your friends are watching too. Your antics have put the shine on many a late-night conversation.
On the borders between mythology and history, that wily survivor Odysseus was the first who learnt to trick the gods. And perhaps his smartest trick of all was that of lashing himself to the mast before the Sirens came in earshot. There are those of course who are happy to stand at the railings, even scan the horizon. Otherwise, choose your mast, find the ropes that suit you: sport, workaholism, celibacy with prayerbook and bell... But the kindest and toughest ropes of all are probably to be found in some suburban semi-detached with rowdy children and a woman who never allows the dust to settle for too long.
Übersetzung - Deutsch Erotik ist in gewisser Hinsicht wie eine süchtig machende Droge: Das mit ihr verbundene Glücksgefühl übt eine Macht über uns aus, der wir uns einerseits hingeben, andererseits jedoch widersetzten möchten. So haben die Menschen seit Anbeginn der Zeit versucht, Erotik zu genießen, ohne sich von ihr zerstören zu lassen. Gesellschaften und Religionen können über ihre Art, mit diesem Dilemma umzugehen, erklärt werden. Polygamie, Monogamie mit Unterdrückung, Monogamie mit Seitensprüngen, Monogamie mit Prostituierten, Monogamie mit aufeinander folgenden Partnern. Nicht zu vergessen, individuelle Lösungen, die von großem Einfallsreichtum oder großer Verzweiflung zeugen: Victor Hugo, der eine Türöffnung in die Wand seiner Schreibstube hat brechen lassen, um jeden Nachmittag ein Mädchen hereinzulassen. Audens Geschick im Aufspüren von Callboys in jeder Stadt. Picasso, der sich – von Frau und Geliebter unter Druck gesetzt - schlicht geweigert hat, zwischen den beiden zu wählen. Und dann gibt es natürlich noch das Büßerhemd. Dabei sollte man sich jedoch vielleicht, wenn man eines Tages mitten in einem Leben voller frischer Farben und komplizierter Verwicklungen aufwacht, daran erinnern, dass Erotik nicht zum eigenen Vergnügen erfunden wurde, oder etwa allein dazu, das Überleben der menschlichen Gattung zu sichern, sondern zur Unterhaltung der Götter. Nirgendwo bieten sich so viele Gelegenheiten für Spannung und Schadenfreude wie in der Erotik. Was wiederum erklärt, warum Erotik bei so vielen Erzählungen im Mittelpunkt steht. Wie haben sich doch die Götter in den Rängen des Himmelstheaters gedrängt, um sich an den Folgen von Helenas Untreue zu ergötzen! Und Ihre Freunde schauen auch aufmerksam zu. Ihre Eskapaden haben schon so manche spätabendliche Gesprächsrunde mit Leben erfüllt.
Irgendwo zwischen Mythologie und Geschichte war der gerissene Überlebenskünstler Odysseus der Erste, dem es gelang, die Götter zu überlisten. Möglicherweise sein Glanzstück war es dabei, dass er sich selbst an den Mast gefesselt hat, bevor die Sirenen in Hörweite kamen. Natürlich gibt es auch Menschen, die nur allzu gern an der Reling stehen und sogar den Horizont mit den Augen absuchen. Gehören Sie nicht zu diesem Kreis, dann wählen Sie einen Mast und suchen Sie sich Ihre Fesseln aus: Sport, Arbeitswut, Zölibat mit Gebetsbuch und Glocke... Aber die angenehmsten und doch stärksten Fesseln findet man wohl in einem Reihenhaus am Stadtrand mit übermütigen Kindern und einer Frau, die nie Langeweile aufkommen lässt.
Deutsch > Englisch: Altfahrzeuggesetz General field: Rechts- und Patentwesen
Ausgangstext - Deutsch Federal Ministry 28 June 2002
for the Environment, Natur Conservation
and Nuclear Safety
Division WA II 3
English translation
of the
German Law Governing the Disposal of End-of-life Vehicles
(End-of-life Vehicle Act - AltfahrzeugG)
of 21. June 2002
(Federal Law Gazette I number 41 page 2199 of 28 June 2002)
by the German Association of Motor Vehicle Importers 1
1 This translation has not seen approved by the Federal Government
2
Law
Governing the Disposal of End-of-life Vehicles
(End-of-life Vehicle Act – AltfahrzeugG) 1
of 21 June 2002
The Bundestag, with the approval of the Bundesrat, has
passed the following law:
Article 1
Amendment of the Act establishing the Commercial Code
The Act establishing the Commercial Code in the revised version
published in the Federal Official Gazette (FOG) part III,
classification number 4101-1, last amended by Article 2 of the Act
of 26 May 2002 (FOG I P. 1219), is being amended as follows:
The following chapter seventeen is inserted after chapter sixteen:
“Chapter Seventeen
Transitional Provisions for the End-of-Life Vehicle Act
Article 53
(1) For the obligation to take back and recycle end-of-life vehicles
according to §§ 3 to 5 of the End-of-Life Vehicle Ordinance in the
version published on 21 June 2002 (FOG I P. 2214), reserves for
the vehicles put on the market up until the respective cut-off date
must be formed for the first time in the financial statements for the
fiscal year ending after 26 April 2002.
(2) Insofar as the obligation stipulated in Paragraph 1 relates to
vehicles, which were put on the market before 01 July 2002, the
differential amount between the reserves to be formed according
to Paragraph 1 and the amount of the reserves, which would result
if these reserves were accumulated in equal annual instalments,
may be capitalized as a balance sheet aid. In this respect, an
accumulation period is to be used that starts with the fiscal year
referred to in Paragraph 1 and ends with the last fiscal year ending
prior to 01 January 2007. In the balance sheet the item is to be
reported before the fixed assets under the description: “Adjustment
amount under the End-of-life Vehicle Act”. Article 44 Para. 1,
Sentences 5 and 6 apply accordingly. “
_______________
1 This Act serves the purpose of transposing Directive 2000/53/EC
of the European Parliament and the Council of 18 September 2000
on end-of-life vehicles (OJ EC No. L 269 page 34) into German
law.
The obligations under Directive 98/34EC of the European
Parliament and the Council of 22 June 1998, laying down a
procedure for the provision of information in the field of technical
standards and regulations (OJ EC No. 1. 204 page 37), last
amended by Directive 98/48/EC of the European Parliament and
the Council of 20July 1998 (OJ EC No. L 217 page 18) were taken
into consideration.
Article 2
Amendment of the Income Tax Act
The Income Tax Act in the version published on 16 April 1997
(FOG I P. 821), last amended by Article 19 of the Act of 21 June
2002 (FOG I P. 2010, 1313), is being amended as follows:
1. § 6 Para. 1 No. 3a is being amended as follows:
a) Under Letter d, the following sentence is inserted after
Sentence 1:
“Reserves for statutory obligations to take back and
recycle products put on the market prior to the
corresponding statutory obligations having entered into
force, are to be accumulated in equal instalments by
time quota up to the beginning of the respective
fulfillment; Letter e does not apply in this respect.”
b) Under Letter e Sentence 3, the reference “Letter d
Sentence 2” is replaced by the reference “Letter d
Sentence 3”.
2. In § 52 Paragraph 16 Sentence 10, the reference “§ 6 Para. 1
No. 3a Letter d Sentence 2 and Letter e Sentence 3” is
replaced by the reference Ҥ 6 Para. 1 No. 3a Letter d
Sentence 2 and Letter e Sentence 3 in the version of the Act
of 24 March 1999 (FOG I P. 402)”.
Article 3
Amendment of the Ordinance on the Transfer
and Environmentally Sound Disposal of
End-of-life Vehicles
(End-of-Life vehicle Ordinance – AltautoV)
The End-of-life Vehicle Ordinance of 4 July 1997 (FOG I P. 1666),
amended by Article 315 of the Ordinance of 29 October 2001
(FOG I P. 2785), is being amended as follows:
1. The title is worded as follows:
“Ordinance on the Transfer, Collection and Environmentally Sound
Disposal of End-of-life Vehicles (End-of-life Vehicle Ordinance –
AltfahrzeugV)”
2. § 1 is worded as follows:
Ҥ 1
Area of Application
“(1) This Ordinance applies to vehicles and end-of-life
vehicles including their components and materials.
Notwithstanding § 3 Para. 4, it applies regardless of how the
vehicle has been
3
serviced and repaired during its use and of whether it is
fitted with components supplied by the manufacturer or with
other components, provided that their installation as
replacement, exchange or retrofit parts complies with the
respective regulations governing the type approval of
vehicles for traffic on public roads.
(2) §§ 9 and 10 do not apply to a manufacturer who
manufactures or imports vehicles exclusively in the meaning
of Article 8 Para. 2 Letter a) of Council Directive 70/156/EEC
of 6 February 1970 on the approximation of the laws of the
Member States relating to the type-approval of motor
vehicles and their trailers (OJ EC No. L 42 P. 1, No. L 225 P.
6), and also not to the vehicles manufactured or imported by
such manufacturer (small lot provision). The Federal Motor
Vehicle Department decides upon request whether the
prerequisites of Sentence 1 are fulfilled.
(3) For vehicles with a special purpose in the meaning of
Article 4 Para. 1 Letter a) second bullet of Council Directive
70/156/EEC of 06 February 1970 on the approximation of
the laws of the Member States relating to the type-approval
of motor vehicles and their trailers (OJ EC No. L 42 P. 1, Nr.
L 225 P. 4), the provisions of this Ordinance apply only up to
a maximum permissible weight of 3.5 tons. The vehicles
referred to in Sentence 1 are exempt from the requirements
under § 5 Para. 1. Instruments, components and other
equipment required for the special purpose of the vehicles
referred to in Sentence 1 are exempt from the requirements
under § 8.
(4) For three-wheeled motor vehicles, only §§ 1 to 5
apply.
(5) The provisions of this Ordinance apply to the
economic operators as well as the owners, title-holders and
last registered owners of end-of-life vehicles”.
3. § 2 is amended as follows:
a) Paragraph 1 is worded as follows:
“(1) For the purposes of this Ordinance, the term
1. “vehicle” means vehicles of the classes M1
(vehicles for passenger transport with a
maximum of 8 seats, not including the driver’s
seat) or N1 (vehicles for goods transport with a
maximum permissible weight of up to 3.5 tons)
in accordance with Annex II Section A of Council
Directive 70/156/EEC of 06 February 1970 on
the approximation of the laws of the Member
States relating to the type-approval of motor
vehicles and their trailers (OJ EC No. L 42 P. 1,
No. L 225 S. 34), as well as three-wheeled
motor vehicles according to Directive 92/61/EEC
(OJ EC No. L 225 P. 72), however not including
three-wheeled motorcycles;
2. “end-of-life vehicle” means vehicles which are
waste according to § 3 Para. 1 of the Recycling
and Waste Management Act;
3. “manufacturer” means the manufacturer of
vehicles according to the registration book, or
the commercial importer of a vehicle and the
manufacturer or the commercial importer of
vehicle parts and materials, as well as their
successors;
4. “prevention” means any measure aimed at
reducing the amount and the environmental
harmfulness of end-of-life vehicles, their
materials and substances;
5. “treatment” means any activity performed after
the transfer of the end-of-life vehicle to a
dismantling facility or of the stripped vehicle to a
shredding facility or another facility for the
purpose of depollution, dismantling, shredding,
recycling or preparation for disposal of the
shredder wastes, and any other activities carried
out in connection with the recycling and/or
disposal of end-of life vehicles and their
components;
6. “pre-treatment” means to remove and to render
harmless any hazardous components as well as
to drain any fluids;
7. “drainage” means the removal of any operating
fluids;
8. “compacting” means any measure aimed at
reducing volume, through which the properties of
the stripped vehicle are changed, e.g. by
crashing the vehicle’s roof, crushing the vehicle
or cutting it up;
9. “reuse” means any operation by which
components of end-of life vehicles are reused
for the same purpose for which they were
designed;
10. “recovery of materials” means the recycling of
waste materials, by means of a production
process, for their original purposes or for other
purposes ( utilization of a material’s properties,
recovery of raw materials), however excluding
recovery for the purpose of generating energy;
11. “recycling” means any of the applicable
processes set forth in Annex II B of the
Recycling and Waste Management Act;
12. “disposal” means any of the applicable
processes set forth in Annex II A of the
Recycling and Waste Management Act;
13. “hazardous substance” means any substance
which is considered dangerous under § 3a of the
Chemicals Act;
14. “acceptance facility” means any business or
business division accepting end-of-life vehicles
for the purpose of making them available or
forwarding them to dismantling facilities, without
being a dismantling facility themselves.
15. “collection facility” means any acceptance facility
through which the manufacturer, or a third party
contracted by the manufacturer, take end-of-life
vehicles back;
4
16. “dismantling facility” means any business or
business division, in which end-of-life vehicles
are treated for recovery and recycling purposes;
this may also include collection;
17. “stripped vehicle” means the end-of-life vehicle
treated at a dismantling facility for recovery and
recycling purposes in accordance with the
provisions of Annex Number 3;
18. “shredder“ means any device used for tearing
into pieces or fragmenting stripped vehicles or
other metallic or metalliferous waste for the
purpose of obtaining directly reusable metal
scrap as well as, if applicable, other recyclable
material fragments;
19. “other further treatment facilities” means any
facility that is not a shredder and serves the
purpose of recovering metals from stripped
vehicles as well as, if applicable, other
recyclable material fragments;
20. “dismantling information” means all information
required for the correct and environmentally
sound treatment of end-of life vehicles. It shall
be made available to authorized treatment
facilities by vehicle manufacturers and
component producers in the form of manuals or
electronic media (e.g. CD-ROM, on-line
services);
21. “last registered owner” means the last owner of
a vehicle listed in the registration book, to whom
the vehicle is or was registered under the Road
Traffic Type Approval Law;
22. “economic operators" means manufacturers, as
well as operators of collection facilities,
acceptance facilities, dismantling facilities,
shredding facilities, other further treatment
facilities, recovery and recycling businesses and
other businesses for the treatment of end-of-life
vehicles including their components and
materials, as well as motor vehicle insurance
companies;
23. “vehicle empty weight” means the relevant
empty weight of a vehicle for the purpose of
identifying the recycling targets; it is determined
as follows:
- for class M1 motor vehicles first registered up
until 31 December 1996: empty weight
according to registration book minus weight of
the contents of the tank filled at 90%;
- for class M1 motor vehicles first registered on or
after 01 Januar7 1997: Empty weight according
to registration book minus weight of the contents
of the tank filled at 90% and minus the weight of
the driver (75 kg);
- for class N1 motor vehicles: Empty weight
according to registration book minus weight of
the contents of the tank filled at 90% and minus
the weight of the driver (75 kg).”
b) Paragraphs 2 to 4 are eliminated.
c) Paragraph 5 becomes paragraph 2 and is worded as
follows:
“(2) Acceptance facilities, collection facilities,
dismantling facilities, shredding facilities and other
further treatment facilities are authorized for the
purposes of this Ordinance if
1. the respective facility possesses the required
certification in accordance with § 5 Para. 3; or
2. the facility is a specialized waste disposal operation
and the compliance with the requirements of this
Ordinance is verified and documented in the
monitoring certificate.”
4. The following § 3 is inserted below § 2:
Ҥ 3
Collection Obligation
(1) Vehicle manufacturers are required to take back all endof-
life vehicles of their brand from the last registered owner.
Vehicle manufacturers are required to take back the end-oflife
vehicles specified in Sentence 1 free of charge from their
delivery to an authorized collection facility, or to an
authorized dismantling facility designated by the
manufacturer.
(2) Public law waste disposal entities as defined by § 15
Para. 1 of the Recycling and Waste Management Act are
treated the same as last registered owners in cases where
the owners or title-holders of motor vehicles specified in § 15
Para. 4 of the Recycling and Waste Management Act could
not be ascertained. Paragraph 4 No. 1, 2 and 5 do not apply
in these cases.
(3) Vehicles manufacturers are required to, individually or
jointly, establish a dense network of authorized collection
facilities, either directly or through contracts with third
parties. These collection facilities must be located within
reasonable distance from the last registered owner.
(4) Paragraph 1 Sentence 2 does not apply if
1. the end-of-life vehicle is not registered or was not
registered last in compliance with the provisions of the
German registration process;
2. the end-of-life vehicle has been registered in
accordance with the provisions of the German
registration process for an overall period of less than
one months prior to its retirement;
3. the end-of-life vehicle no longer contains essential
components and assemblies, in particular the drive
train, body, chassis, catalytic converter or electronic
controls for vehicle functions;
4. waste has been added to the end-of-life vehicle;
5. the vehicle registration book is not handed over
6. the end-of-life vehicle is a class M1 or N1 vehicle,
which was not produced and approved in series and in
a single-stage process.
5
(5) Vehicle manufacturers shall provide the necessary
information on the collection facilities set up by them in an
adequate way, in order to inform the last registered owner
upon request of the location of a suitable collection facility.
(6) Manufacturers and distributors of components for
passenger vehicles are required to ensure that used parts
from repairs performed in motor vehicle repair facilities or in
comparable commercial establishments are taken back for
the purpose of being properly and safely recovered/recycled,
or disposed of in a way that is in the best public interest. The
parties involved may enter into agreements on the
necessary measures and the distribution of the costs.”
5. § 3 becomes § 4 and is amended as follows:
a) Paragraph 1 is worded as follows:
“(1) Anybody getting rid of, wanting to get rid of or
having to get rid of a vehicle is required to transfer
such vehicle only to an approved acceptance facility,
an approved collection facility or an approved
dismantling facility.”
b) In Paragraph 2 Sentence 1, the words “recycling
facilities” are replaced by the words “dismantling
facilities”, in Sentence 3 the words “recycling facilities”
are replaced by the words “dismantling facilities”, and
in Sentence 3 the words “A recycling facility may” are
replace by the words “Operators of dismantling
facilities may”, in Sentence 4, the words “or authorized
collection facilities” are inserted after the words
“acceptance facilities”, and the following Sentences 5
and 6 are appended after Sentence 4:
“Upon issuing or delivering the Certificate of
Destruction, end-of-life vehicles may only be turned
over for the purpose of due treatment in compliance
with the provisions of this Ordinance. This is warranted
by issuing or delivering a Certificate of Destruction.”
c) In Paragraph 3, the words “and collection facilities” are
inserted after the words “acceptance facilities”, the
words “end-of-life cars” are replaced by the words
“end-of-life vehicles”, and the words “recycling facility”
by the words “dismantling facility”;
d) Paragraph 4 is worded as follows:
“(4) Operators of dismantling facilities are required to
transfer stripped vehicles only to authorized shredding
facilities. Notwithstanding Sentence 1, the authority
responsible for the monitoring of the dismantling
facility may, upon presentation of an expert opinion (§
6) grant permission for stripped vehicles to be turned
over also to another further treatment facility.”
e) The following paragraph 5 is appended after
paragraph 4:
“(5) With the exception of § 26, the provisions of the
Ordinance on Waste Recovery and Disposal Records
do not apply to the transfer according to paragraphs 1
to 3.”
6. § 4 becomes § 5 and is worded as follows:
a) Paragraphs 1 to 4 are worded as follows:
“(1) The economic operators shall ensure that, based on the
average empty vehicle weight of all end-of-life vehicles
turned over per year, the following targets are met:
1. as of 01 January 2006, at the latest
a) Recovery and reuse of at least 85 percent of the
weight;
b) Recovery and recycling of materials at a rate of at
least 80 percent of the weight; and
2. as of January 2015, at the latest
a) Recovery and reuse of at least 95 percent of the
weight;
b) Recovery and recycling of materials at a rate of at
least 85 percent of the weight.
(2) Operators of acceptance facilities, collection facilities,
dismantling facilities, shredder facilities and other further
treatment facilities are required to fulfill the respectively
applicable requirements of the Annex. The operators
specified in Sentence 1 may only accept or treat end-of-life
vehicles or stripped vehicles, if they are authorized as set
forth in § 2 Para. 2.
(3) The compliance with the requirements set forth in
Paragraph 2 Sentence 1 shall be certified by an expert (§ 6).
This certification may only be granted if the requirements of
the Annex are fulfilled. The certification is valid for a period
of no more than 18 months. The expert shall revoke the
certification immediately if, upon verifying and auditing the
fulfillment of the respective facility-specific requirements of
the Annex, he is convinced that the operator does not or no
longer fulfill the requirements for the granting of the
certification, not even after a grace period of no longer than
three months granted by the expert. Sentences 2 and 4 do
not apply with regard to the fulfillment of the requirements
under Annex Number 3.2.4.1 Para. 3 and Number 4.1.2. The
expert is required to notify the competent supervisory
authorities responsible for the facility immediately of such
revocation and non-fulfillment of the requirements under
Annex Number 3.2.4.1 Para. 3 and Number 4.1.2. For
acceptance and collection facilities that are motor vehicle
repair workshops, the certification is done through the
respective competent motor vehicle guild. Sentences 2 to 6
apply accordingly to the motor vehicle guilds. When verifying
the fulfillment of the requirements, results of audits are to be
taken into consideration, which have been performed
1. by an independent environmental expert or an
environmental expert firm in accordance with Article 4
Paragraph 3 of Council Regulation (EEC) No. 1836/93
of 29 June 1993, allowing voluntary participation by
companies in the industrial sector in a Community
eco-management and audit scheme (OJ EC No. L 168
P. 1), or in accordance with Article 3 Paragraph 2
Letter d, and Paragraph 3 Letter a of Regulation (EC)
No 761/2001 of the European Parliament and of the
Council allowing voluntary participation by
organisations in a Community
6
eco-management and audit scheme (OJ EC No. L 114
P. 1);
2. by an entity accredited according to DIN EN 45012 in
connection with quality management certification
according to DIN EN ISO 9001 or 9004; or
3. by experts in connection with the audit of facilities in
accordance with § 19i Para. 2 Sentence 3 of the Water
Management Act and with the provisions decreed by
the Länder under this Act.”
(4) Paragraph 3 Sentences 1 to 6 applies accordingly for
accreditation in accordance with § 2 Paragraph 2 No. 2.”
b) § 4 Paragraph 3 (old) is deleted
c) § 4 Paragraph 4 (old) becomes § 5 Paragraph 5.
7. § 5 becomes § 6 and is worded as follows:
Ҥ 6
Experts
Certification in accordance with § 5 Para. 3 Sentence 1 may
only be granted by someone who
1. has been publicly appointed according to § 36 of the
Trade Regulation Act; or
2. possesses a license as environmental expert or
environmental expert firm in accordance with §§ 9 and
10 of the Environmental Audit Act of 7 December 1995,
last amended by Article 26 of the Act of 27 April 2002
(FOG I P. 1467), for activities under Section D
Subsection DN No. 37 of the Annex of Council
Regulation (EEC) No. 3037/90 of 09 October 1990 on
the statistical classification of economic activities in the
European Community (OJ EC No. L 293 P. 1), amended
by Regulation (EEC) No. 761/93 of 24 March 1993 (OJ
EC No. L 83 P. 1).”
8. The following § 7 is inserted after § 6:
Ҥ 7
Notification Duties
(1) The operators of acceptance facilities, collection facilities,
dismantling facilities, shredding facilities and other further
treatment facilities are required to promptly present their
valid certification according to § 5 Para. 3 Sentence 1
including the audit report, or the valid monitoring certificate
of a technical inspection organization or a waste disposal
joint-venture, including the audit report, as well as the
number assigned to the authority responsible for monitoring
the respective facility in accordance with § 27 Para. 3 of the
Ordinance on Waste Recovery and Disposal Records of 10
September 1996 (FOG I P. 1382, 1997 I P. 2860). If the
acceptance or collection facilities are motor vehicle repair
workshops, the competent motor vehicle guild shall present
the certification including the audit report to the authority
responsible for monitoring the facility.
(2) The agencies in charge of licensing experts and expert
firms pursuant to § 6 shall promptly notify the joint agency
specified in § 32 Para. 2 of the Environmental Audit Act of
any licenses granted by them and of any modifications made
thereto. This joint agency shall generate up-to-date lists from
this data on a regular basis and make them public in a
suitable manner.
(2a) The experts under § 6 shall, for the dismantling
facilities, shredders and other further treatment facilities
accredited by them, immediately forward a copy of any
certificates granted or revoked by them to a joint agency to
be set up by the Länder. These documents must contain at
least the following information:
1. Name and address of the company,
2. Address of the accredited facility or operating unit,
3. Facility number in accordance with § 27 Para 3 of the
Ordinance on Waste Recovery and Disposal Records for
the facilities or operating units referred to in number 2
above.
4. Communications equipment
5. Contacts
6. Competent approval authority
7. Date of issue and expiry of the certificate.
For dismantling facilities that have been designated by one
or several manufacturers for the free collection of end-of-life
vehicles, the manufacturers who have designated the
dismantling facilities for this purpose must also be listed. The
requirements of sentences 1 to 3 also apply to experts,
technical inspection organizations or waste disposal jointventures
accrediting the businesses set forth in Sentence 1
as specialized waste disposal facility. The agency referred to
in Sentence 1 shall, on a regular basis, generate up-to-date
lists from the data from Sentence 2 No. 1 to 5 and Sentence
3, and make them public in a suitable manner.
(3) The expert (§ 6) shall notify the authority in charge of
monitoring the respective facility with at least 14 days’ prior
notice of the audit date for the granting of the certification in
accordance with § 5 Para. 3. For facilities referred to in § 2
Paragraph 2 Number2, Sentence 1 shall apply accordingly.”
9. The following § 8 is inserted after § 7:
Ҥ 8
Waste Prevention
(1) In order to promote the prevention of waste,
1. the utilization of hazardous materials in vehicles is to be
restricted and already during the conceptualization of
vehicles to be reduced as much as possible, in particular
in order to prevent their being released into the
environment, make the recycling of materials easier and
avoid the need to dispose of hazardous waste;
2. extensive consideration is to be given to the dismantling,
reuse, recovery and, in particular, the recycling of endof-
life vehicles and their
7
materials and components when designing and
producing new vehicles;
3. an increasing amount of recycled materials is to be used
in the production of vehicles and other products.
(2) After 01 July 2003 vehicles, as well as materials and
components for those vehicles, may only be put on the
market if they do not contain any lead, mercury,
cadmium or hexavalent chrome. Sentence 1 does not
apply to the cases and under the conditions set forth in
Annex II of the respective applicable version of Directive
2000/53/EC of the European Parliament and the Council
of 18 September 2000 on end-of-life vehicles (OJ EC
No. L 269 P. 34).”
10. The following § 9 is inserted after § 8:
Ҥ 9
Coding Standards and Dismantling Information
(1) Vehicle manufacturers, in arrangement with materials
and component manufacturers, are required to use
component and material coding standards in compliance
with the determination by the European Commission
pursuant to Article 8 Paragraph 2 of Directive 2000/53/EC of
the European Parliament and the Council of 18 September
2000 on end-of-life vehicles (OJ EC No. L 269 P. 34), in
particular to facilitate the identification of those components
and materials, which are suitable for reuse and recycling.
(2) Upon request vehicle manufacturers are required to
provide dismantling information to accredited dismantling
facilities for each type of new vehicle put on the market
within six months after the vehicle is put on the market. This
information shall identify, as far as it is needed by the
dismantling facilities in order to comply with the provisions of
this Ordinance, the different vehicle components and
materials, and the locations of all hazardous substances in
the vehicle, in particular in view of achieving the objectives
laid down in § 5.
(3) Without prejudice to commercial and industrial
confidentiality, the manufacturers of vehicle components are
required to make appropriate information on the dismantling,
storage and testing of reusable components to accredited
dismantling facilities available upon request.”
11. The following § 10 is inserted after § 9:
Ҥ 10
Duty to Provide Information
(1) Vehicle manufacturers are required to publish the
following information in a suitable manner in cooperation
with the respective economic operators:
1. Information on the recovery- and recycling-friendly
design of vehicles and their components;
2. Information on the environmentally sound treatment of
end-of-life vehicles, in particular on the removal of all
fluids and dismantling;
3. Information on the development and optimization of
ways to reuse, recycle and recover end-of life vehicles
and their components,
4. Information on the progress achieved in the area of
recovery and recycling towards the goal of reducing the
waste to be disposed of and increasing the recovery and
recycling rates.
The respective economic operators are required to make the
information pursuant to Numbers 2 to 4 available to the
manufacturers.
(2) The vehicle manufacturers are required to make this
information accessible to the prospective buyers of
vehicles. It shall be included in the promotional literature
for the new vehicle.”
12. § 6 becomes § 11 and is worded as follows:
Ҥ 11
Violations
“In the meaning of § 61 Para. 1 No. 5 of the Recycling and
Waste Management Act , a person acts in violation of
the regulation if he or she wilfully and negligently
1. fails to take back an end-of-life vehicle in violation of § 3
Para. 1 Sentence 1;
2. fails to take back an end-of-life vehicle in the prescribed
manner in violation of § 3 Para. 1 Sentence 2;
3. in violation of § 3 Para. 6 Sentence 1, fails to ensure that
used parts from motor vehicle repairs are taken back;
4. surrenders a vehicle, end-of-life vehicle or stripped
vehicle in violation of § 4 Para. 1, 3 Sentence 1 or Para
4 Sentence 1;
5. fails to certify the transfer altogether, or fails to certify
such transfer correctly, completely and in due time, in
violation of § 4 Para. 2 Sentence 1;
6. issues a Certificate of Destruction in violation of § 4
Para. 2 Sentence 3;
7. contracts an acceptance or collection facility in violation
of § 4 Para. 2 Sentence 4;
8. treats an end-of-life vehicle in violation of § 5 Para. 2
Sentence 1 in combination with Annex Number 2.1.2
Sentence 1;
9. in violation of § 5 Para 2. Sentence 1 in combination with
Annex Number 3.2.2.1 Sentence 1, fails to remove a
battery, treat a fluid tank, or dismantle, provide for the
disposal of or render harmless a component, or if he or
she fails to do any of the above in due time;
10. in violation of § 5 Para 2. Sentence 1 in combination with
Annex Number 3.2.2.1 Sentence 2, fails to remove or
remove in due time, or to collect, collect in the stipulated
manner or collect in due time, one of the operating fluids
or operating substances listed there;
8
11. in violation of § 5 Para 2. Sentence 1 in combination with
Annex Number 3.2.3.2 Sentence 1, fails to remove, or
remove in due time, the substances, materials or
components listed there;
12. in violation of § 5 Para 2. Sentence 1 in combination with
Annex Number 3.2.3.3 Sentence 1, fails to strip,
disassemble or forward for reuse or recycling, or strip
disassemble or forward for reuse or recycling in due
time, the substances, materials or components listed
there, or if he or she fails to document that the
respective share has been recycled;
13. in violation of § 5 Para 2. Sentence 1 in combination with
Annex Number 3.2.4.1 Sentence 6, fails to transfer, or
transfer in due time, the materials, components or
operating fluids listed there for reuse or recycling;
14. accepts or shreds a stripped vehicle in violation of § 5
Para 2. Sentence 1 in combination with Annex Number
4.1.1 Sentence 3;
15. in violation of § 5 Para 2. Sentence 1 in combination with
Annex Number 4.1.2 Sentence 1, fails to recover/recycle
the weight percentage stated there or to document that
the respective share has been recycled;
16. accepts or treats an end-of-life vehicle or a stripped
vehicle in violation of § 5 Para 2. Sentence 2;
17. grants certification in violation of § 6;
18. fails to present, present correctly, present completely or
present in due time, a certification or monitoring
certificate in violation of § 7 Para. 1; or
19. puts vehicles, materials or components on the market in
violation of § 8 Para. 2 Sentence 1.”
13. The following § 12 is inserted after § 11:
Ҥ 12
Transitional Provisions
(1) Certifications according to § 5 Para. 3 Sentence 1, which
were properly granted at the time of entering into force of the
Ordinance, shall continue to be valid until their expiration.
(2) Experts and expert organizations who, based on § 6, no
longer possess the required license and whose qualification
for the granting of certifications pursuant to § 5 Para. 3
Sentence 1 was legally verified prior to the entry into force of
this Ordinance, may continue to grant certifications for a
period of two months following the entry into force of the
Ordinance. The validity of such certifications shall be limited
to a maximum duration of 6 months.”
14. The Annex is amended as follows:
a) The title is worded as follows:
“Annex I
Requirements for the acceptance and collection
of end-of-life vehicles, the proper and safe
recovery and recycling of end-of-life vehicles
and stripped vehicles, as well as the proper and
safe disposal of the resulting waste”
b) Under Number 2, the words “and collection facilities” are
inserted after the words “acceptance facilities”.
c) Number 2.1 is amended as follows:
aa) In Number 2.1.1, the words “recovery facility” in
Sentence 1 are replaced with the words
“dismantling facility”, and Sentence 2 is worded as
follows: “The cooperation with the dismantling
facilities is to be provided for by contracts.”
Sentence 3 is deleted.
bb) In Number 2.1.2, Sentence 1 is worded as follows:
“Acceptance facilities are not allowed to treat endof-
life vehicles, in particular they may not drain and
disassemble them.”, and in Sentence 2, the words
“recovery facility” are replaced with the words
“dismantling facility”.
cc) In Number 2.1.3, the words “any further legal” are
replace with the words “any applicable legal”.
d) Number 2.2.1 is worded as follows:
“2.2.1 The overall area provided for acceptance must
be divided into a drop-off area, and an area
where vehicles await pick-up. This area shall be
protected by a mineral oil proof pavement in
compliance with the generally accepted
technical rules for the requirements under water
regulations and shall be drained via at least one
(e.g. DIN 19992-compliant) light fluid trap. If the
area is roofed, it is not necessary to drain it via a
light fluid trap.
e) Number 2.3 is worded as follows:
“2.3 All incoming and outgoing end-of-life vehicles
must be recorded in writing in an operating log.
Moreover, the following information is to be
recorded:
- Copies of the certificates of destruction for all
incoming end-of-life vehicles;
- Special occurrences and breakdowns
including their causes and corrective action
taken;
The operating log must be presented to the
supervising motor vehicle guild, the expert or the
competent authorities upon request. In addition,
the cooperation with the dismantling facilities
must be documented through contracts.”
f) The following Number 2.4 is inserted after Number 2.3.2:
“2.4 Collection facilities
The requirements of Numbers 2.1 to 2.3 apply
accordingly to collection facilities.”
g) In Number 3, the words “recovery facilities” are to be
replaced with the words “dismantling facilities”, and
Number 3.1.1 is amended as follows:
aa) In Sentence 1, the words “treatment of end-of-life
cars” are replaced by the words “treatment of end-oflife
vehicles”, and the words “end-of-life cars” by the
words “end-of-life vehicles”;
2 Can be obtained from the publishing house Beuth-Verlag GmbH,
Berlin
9
bb) The sixth bullet is completed as follows: “… that do
not contain any fluids.”;
cc) Another bullet is inserted after the sixth bullet, which
is worded as follows: “- storage for usable fluidcarrying
motor vehicle parts;”
dd) Under the last bullet, the following words are
inserted after the word “compacting”: “if compacting
measures are carried out.”;
ee) In Sentence 3, the word “treatment” is replaced by
the words “pre-treatment”, and the words “within the
provided drop-off area or” are deleted.
h) Number 3.1.2 is worded as follows:
“3.1.2 Premises
3.1.2.1 The areas provided for drop-off and as storage
for incoming vehicles shall be sufficiently large
and paved in accordance with the generally
accepted technical rules for water management.
3.1.2.2 For the areas provided for pre-treatment,
dismantling, storage of fluids and fluid-carrying
parts, and compacting, adequate measures shall
be taken to ensure that the recoverable waste is
not damaged in its nature, and that any
endangerment of the environment is excluded.
This can be achieved, for example, by enclosing,
roofing or compacting in mobile presses with
integrated collecting system. If the surfaces of
the areas referred to in Sentence 1 are not
covered by a roof, they must be protected by
mineral oil proof pavement in compliance with
the generally accepted technical rules under
water regulations, and drained via at least one
(e.g. DIN 19992 compliant) light fluid trap.
3.1.2.3 The pre-treated end-of-life and stripped vehicles
shall be stored in such a way, that no soil and/or
water contamination needs to be feared.
3.1.2.4 Batteries shall be stored separately in acidresistant
containers or on an acid-resistant
surface without drain.”
i.) Number 2.3.1.1 is amended as follows:
aa) In Sentence 1, the words “recovery facility” are
replaced with the words “dismantling facility”, and
the words “environmentally relevant legal provisions”
with the words “applicable legal provisions in
particular for environmental protection and
occupational safety”.
bb) The following Sentence 3 is inserted after Sentence
2:
“The same applies accordingly for dismantling
facilities not requiring approval under emission
protection law, which therefore require approval
under building law.”
j) Number 3.2.1.5 is amended as follows:
2 Can be obtained from the publishing house Beuth-Verlag GmbH,
Berlin
aa) Paragraph 1 is worded as follows:
“The operator is required to maintain a written
operating log and to prepare a written operating
manual. The requirements for the operating log arise
from the documentation obligations under Number
3.3. The operating manual shall contain, in
particular, instructions for the treatment and storage
of the end-of-life vehicles, as well as work and
operating directives.”
bb) Sentence 3 of Paragraph 2 is deleted.
k) Number 3.2.2.1 is amended as follows:
aa) Sentences 1 to 3 are replaced with the following
sentences 1 and 2:
“Upon receipt of an end-of-life vehicle, operators of
dismantling facilities shall promptly
- remove the batteries;
- handle and dismantle the liquid gas tank
adequately according to the manufacturer’s
instructions; and
- have the pyrotechnical components either
dismantled and disposed of according to the
manufacturer’s instructions by trained technical
personnel in authorized facilities, or render them
harmless by tripping them while still installed.
Prior to any further treatment, operators of
dismantling facilities must remove and collect
separately the following operating fluids and
operating materials:
- fuel (including liquid gas for vehicle propulsion);
- coolant;
- brake fluid;
- windshield washing fluid;
- refrigerant from air conditioners (CFC, etc.);
- oil filters;
- engine oil, transmission oil, differential oil,
hydraulics oil and suspension oil, if the suspension
is not dismantled; these oils can be mixed
provided that according to the provision of the
Waste Oil Ordinance, they can be allocated to
collective category 1.”
bb) In Sentence 3, the word “this” is replaced by the
reference “Sentence 2”.
cc) In Sentence 4, the word “substances” is replaced by
the word “materials”.
dd) The following sentence is inserted after Sentence 4:
“Substances that, according to the General Directive
for the Water Management Act on the Classification
of
10
Water Polluting Substances in Water Pollution
Classes (VwVwS, FOG No. 98a of 29 May 1999) are
classified, or should be classified, as water polluting,
must be filled into and stored in specifically
approved containers and in compliance with the
Ordinances decreed by the Länder governing the
handling of water polluting substances and
specialized facilities (Appendices V- VawS).”
l) In Number 3.2.2.2, Paragraph 1 is worded as follows:
“The pre-treatment according to Number 3.2.2.1 must
comply with the state of the art. In particular the draining
of the fluids shall lead to all units being drip-free. All
openings from which fluids could leak, shall be sealed
tight. Compliance with Sentence 3 is not required if the
stripped vehicles are stored on a mineral oil proof
surface that meets the generally accepted technical
rules under water regulations.”
m) In Number 3.2.2.3, Sentence 2 is worded as follows:
“When handling flammable fluids, the applicable
regulations shall be complied with, such as, for example,
the Hazardous Materials Ordinance, the Ordinance on
Flammable Fluids, and regulations for the prevention of
explosions.”
n) Number 3.2.3 is amended as follows:
aa) In Number 3.2.3.1, the word “recycled” is
replaced by the word “reused”.
bb) Number 3.2.3.2 is worded as follows:
“Prior to further treatment, operators of
dismantling facilities shall remove the following
substances, materials and components because
of their hazardous and detrimental nature:
- the PCM device according to the
manufacturer’s recommendations;
- suspensions, if not drained;
- components containing asbestos;
- components containing mercury, such as
switches, in as far as practicable;
- components and materials coded in
accordance with Annex II of Directive
2000/63/EC of the European Parliament and
the Council of 18 September 2000 on end-oflife
vehicles (OJ EC No. L 269 P. 34) in the
respective applicable version, that were put on
the market after 01 July 2003;
- substances not pertaining to motor vehicles.
It is to be ensured that dismantled suspensions,
which will not be reused as components, are
fully drained prior to the recovery of the metallic
parts.
o) Number 3.2.3.3 is worded as follows:
“Prior to transferring the stripped vehicle to a shredding
facility or other further treatment facility, operators of
dismantling facilities shall strip, disassemble and above
all, provide for reuse or recycling, the following
components, substances and materials:
- catalytic converters;
- balancing weights;
- aluminium wheel rims;
- front, rear and side windows, as well as
sun roofs;
- tires,
- larger plastic components, such as bumpers,
hub caps and radiator grilles, if the respective
materials will not be separated during or after
the shredding process in such a way as to
allow for the materials to be recycled;
- metal components containing copper,
aluminium and magnesium, if the respective
metals will not be separated during or after the
shredding process.
Dismantled tires that are to be recycled shall be
turned over to specialized disposal facilities that
are certified for the recycling of this type of
waste.”
p) Number 3.2.4.1 is amended as follows:
aa) In Sentence 1, the words “end-of-life car” are
replaced with the words “end-of-life vehicle”, and
the words “reuse und recovery” with the word
“reuse”;
bb) Sentence 6 is worded as follows:
“Prior to transferring the stripped vehicle to a
shredding facility or other further treatment
facility, operators of dismantling facilities shall, at
the latest as of 01 January 2006, strip or remove
and provide for reuse or recycling, components,
materials and operating fluids at an annual
average rate corresponding to at least 10
percent of the total empty weight of the accepted
end-of-life vehicles, and they shall document
that the required share has been recycled.”
cc) The following Sentences 7 to 10 are added after
Sentence 6:
“Metallic components and materials, such as
stripped vehicles, core scrap, spare parts and
fuels, may not be included in the calculation
under Sentence 6. Scrap tires and batteries may
be included in the calculation under Sentence 6,
if they were turned over to a specialized disposal
facility certified for the recycling of this type of
waste. The obligations under Sentence 6 shall
not apply, if proof is provided that the
requirements with regard to the annual average
recycling rate in relation to the total empty
weight of the accepted end-of-life vehicles in
accordance with § 5 Para. 1 No. 1 Letter b) were
fulfilled in another suitable way. In this case, the
proof that the obligations under Sentence 6 have
been fulfilled must be furnished jointly by all
involved operators and verified by an expert
pursuant to § 6.”
11
dd) The following Paragraphs 4 and 5 are added
after Sentence 10:
“For components, standard values or
manufacturer data may be used for calculation
purposes in accordance with Sentence 6.
The requirements under Sentence 6 may also
be fulfilled jointly by several dismantling
facilities. In this case, the proof that the
obligations under Sentence 6 have been fulfilled
must be furnished jointly by all involved
operators and verified by an expert pursuant to §
6.”
q) Number 3.3.1 is amended as follows:
The words “recovery facility” are replaced by the words
“dismantling facility”, and the words “components, the”
are inserted after the words “other whereabouts of the”.
r) Number 3.3.2 is amended as follows:
The words “end-of-life car recycling” are replaced by the
words “end-of-life vehicle recycling”.
s) Number 3.3.3 is amended as follows:
aa) The first bullet is worded as follows:
“- carbon copies of the certificates of
destruction, as well as the respective documents
pursuant to § 7 Paragraph 1 Sentence 1, in
chronological order;”
bb) After the third bullet, the following new bullet is
inserted:
“- information with regard to the flow of materials
from other company sectors, which are disposed
of together with the materials from the disposal
of end-of-life vehicles;”
t) Number 4 receives the following subtitle:
“4. Requirements for shredding facilities and
other further treatment facilities”
u) Number 4.1.1 is amended as follows:
In Sentence 1, the words “environmentally relevant legal
provisions” are replaced by the words “applicable legal
provisions, in particular with regard to environmental
protection and occupational safety”, and the following
Sentence 3 is inserted after Sentence 2:
“Operators of shredding facilities may only accept and
shred stripped vehicles, if the end-of-life vehicles have
been treated at accredited dismantling facilities in
accordance with the requirements of Numbers 3.2.2.2
Sentences 1 and 2, 3.2.3.2 and 3.2.3.3 of the Annex.”
v) Number 4.1.2 is worded as follows:
“Operators of shredding facilities are required to provide
the following annual average weight percentages, in
relation to the overall amount of the empty vehicle
weight, of the non-metallic portion of the shredding
residues:
a) as of 01 January 2006, 5 percent for recovery, and
b) as of 01 January 2015, 5 percent for recycling and
another 10 percent for recovery. They are also
required to document that the required share has been
recovered/recycled. The overall empty vehicle weight
is calculated by totalling the empty vehicle weights
reported in the certificates of destruction for the
individual stripped vehicles that were accepted by a
shredding facility during the reference year.
If the light shredding residues are treated in an approved
way, the weight percentage of the metals thus separated
can be taken into account in the calculation pursuant to
Sentence 1, if these metals are recycled.
The requirements under this number can also be fulfilled
jointly by several shredding facilities. In this case, the
proof that the obligations under Sentence 1 have been
fulfilled must be furnished jointly by all involved
operators and verified by an expert pursuant to § 6.”
w) Number 4.2.1 is amended as follows:
The words “in writing” are inserted after the words
“flow of materials”.
x) The following Number 4.3 is added after Number 4.2.2:
4.3 Requirements with regard to other further
treatment facilities
For operators of other further treatment facilities,
the requirements under Numbers 4.1 and 4.2
apply accordingly. In addition, the provisions of
the license pursuant to § 4 Para. 4 Sentence 2
are to be complied with.”
y) Number 5 is amended as follows:
The following Sentence 2 is inserted after Sentence 1:
“The competent authority shall decide, upon request, on
the permissibility of deviations in view of granting
certification in accordance with § 5 Para. 3.”
15. In the Annex, Numbers 2.1.1, 2.1.4, 2.2.2, 2.3.2, 3.2.1.2,
3.2.1.3, 3.2.1.5, 3.2.4.3 and 4.1.2, the words “end-of-life
cars” are replaced by the words “end-of-life vehicles”.
Article 3a
Amendment of the Transport Licence Ordinance
The Transport Licence Ordinance of 10 September 1996 (FOG I P.
1411, 1997 I P. 2861), last amended by Article 4b of the
Ordinance of 25 April 2002 (FOG I P. 1488), is being amended as
follows:
§ 1 Para. 2 Sentence 3 is worded is follows:
“The provisions of this Ordinance do not apply for the collection
and transport of end-of-life vehicles in connection with the transfer
of end-of-life vehicles in accordance with § 4 Para. 1 to 3 of the
End-of-Life Vehicle Ordinance in the version published on 21 June
2002 (FOG I P. 2214).”
12
Article 3b
Amendment of the Ordinance on Waste Management
Concepts and Waste Balance Sheets
The Ordinance on Waste Management Concepts and Waste
Balance Sheets of 13 September 1996 (FOG I P. 1447, 1997 I P.
2862), last amended by Article 4c of the Ordinance of 25 April
2002 (FOG I P. 1488), is being amended as follows:
In Appendix 2 (to § 10), Number 1 of Column 1 is worded as
follows:
Column 1 Column 2
1. End-of-life vehicles in
accordance with § 2 Para.
1 No. 2 of the End-of-Life
Vehicle Ordinance (waste
code 16 01 04)
Article 4
Amendment of the
Road Traffic Type Approval Law
The Road Traffic Type Approval Law in the version published on
28 September 1988 (FOG I P. 1793), last amended by Article 1 of
the Ordinance of 11 December 2001 (FOG I P. 3617), is amended
as follows:
1. § 27a is worded as follows:
Ҥ 27 a
Certificate of Destruction
(1) If a vehicle of the classes M1 or N1 in accordance with
Annex II A of Council Directive 70/156/EEC of 06 February
1970 on the approximation of the laws of the Member States
relating to the type-approval of motor vehicles and their
trailers (OJ EC No. L 42 P. 1, No. L 225 S. 34)
1. has been turned over to an authorized dismantling
facility in accordance with § 4 Para. 1 of the End-of-life
Vehicle Ordinance in the version published on 21 June
2002 (FOG I, P. 2214) for recovery/recycling, the owner
or title-holder of such vehicle is required to present a
Certificate of Destruction as per Model 12 to the
registration authorities, in order to have the vehicle
permanently retired; or
2. is not to be disposed of as waste or remains abroad for
the purpose of disposal, the owner or title-holder of such
vehicle is required to provide the registration authority
with a declaration to this effect, so that the registration
authority can permanently retire the vehicle.
The obligations under Sentence 1 apply for the permanent
retirement of a vehicle upon request.
(2) The registration authority verifies the correctness and
completeness of the information provided in the Certificate of
Destruction with regard to the vehicle and the owner/titleholder,
and returns the Certificate of Destruction with the
respective attestation.
2. § 69a Para. 2 Number 12a is worded as follows:
“12a. fails to present, or fails to present as prescribed, the
proof as per Model 12 in violation of § 27 a Para. 1;”
3. In the Annex, the Model 12 and 13 are amended as follows:
a) The title is worded as follows:
Model 12 Introductory Remarks
(§ 27 a Road Traffic Type Approval Law – StVZO)
Introductory Remarks on the Preparation of the
Template “Certificate of Destruction” (Model 12).
b) Number 1 is worded as follows:
1. Overview
1.1 The Certificate of Destruction consists of a set of 4
copies (sheets).
The first copy (sheet 1) of pages 1 to 2 of the
template contains the following indication above line
1:
“This copy (pink) is for the vehicle owner / titleholder.”
Analogously, sheet 2 contains the following
indication:
“This copy (antique gold) is for the dismantling
facility.”
Analogously, sheet 3 contains the following
indication:
“This copy (blue) is for the shredding facility.”
Analogously, sheet 4 contains the following
indication:
“This copy (white) is for the acceptance / collection
facility.”
c) Number 1.2 is deleted.
d) Number 4.1 is worded as follows after the words
“Certificate of Destruction (Model 12)”:
“Certificate of Destruction (Model 12)
Sheet 1 pink 100 % yellow
(copy for the owner) and
85 % magenta
Sheet 2 antique gold 100 % yellow
(copy for the and
recovery facility) 45 % magenta
Sheet 3 blue 55 % magenta
(copy for the and
shredding facility) 100 % cyan
Sheet 4 white
(copy for the acceptance /
collection facility)
e) Number 7 is deleted.
f) Model 12 (Certificate of Destruction) is amended as
follows:
aa) In the header area of pages 1 and 2, a nine digit
field with the field name “Facility Number” is
inserted. Behind the words “Facility Number”,
the following footnote is inserted: “number
assigned by the competent authority in
accordance with § 27 Para. 3 of the Ordinance
on Waste Recovery and Disposal Records”. In
the
13
header area of pages 1 and 2, a ten digit field
with the field name “Vehicle License Plate
Number” is inserted.
bb) In the double line 1.1 (Last name, First name /
Company / Corporation), one line is deleted. In
the parentheses, a comma and the words “Date
of birth” are inserted following the words “First
name”. A new line 1.4 is inserted after line 1.3,
with the following wording:
“Data on the vehicle owner / title-holder partially
or totally unavailable – 1 empty field”.
cc) The former line 2.1 is replaced by a five digit
field with the field name “Vehicle Class”, an 18
digit field with the field name “Vehicle Make” and
an eight digit field with the field name “Vehicle
Model”. A new line 2.3 is inserted after line 2.2.
This line contains a ten digit field with the field
name “Date of first registration”, a four digit field
with the field name “Empty vehicle weight acc. to
§ 2 no. 23 of the End-of-Life Vehicle Ordinance,
as well as a three digit field with the field name
“Nationality code”. A new line 2.4 is inserted
after line 2.3, with the following wording:
“Data on the vehicle owner / title-holder partially
or totally unavailable – 1 empty field”.
dd) In line 3.9, a 10 digit field with the field name
“Expiry date of the certificate” is inserted.
ee) In line 4.9, a 10 digit field with the field name
“Expiry date of the certificate” is inserted.
ff) After line 4.9, a new line 4.10 is inserted with the
name “Approval authority responsible for the
dismantling facility”, a line 4.11 with the field
names “Street” and “House no.”, as well as a
line 4.12 with the field names “Postal code” and
“City/town”
gg) Line 4.10 becomes line 4.13.
hh) Following Section 4, new Section 5 is inserted. It
contains a signature field with date and place
field for the last owner, as well as the sentence:
“I confirm that I have turned over the motor
vehicle to the above referred facility in
accordance with § 4 Para. 1 of the End-of-Life
Vehicle Ordinance.”
ii) The former Section 5 becomes Section 6.
jj) In Sections 1 to 6, the words “recovery facility”
are replaced by the words “dismantling facility”,
in Sections 1, 2,3 and 6, the words “acceptance
facility” are replaced by the words “acceptance /
collection facility” and in Sections 3, 4 and 6, the
words “registration office” are replaced by the
words “registration authority”.
g) Model 13 (Declaration of Whereabouts) is eliminated.
Article 5
Amendment of the Fee Scale for
Road Traffic Measures
The Annex (to § 1) of the Fee Scale for Road Traffic Measures of
26 June 1970 (FOG I P. 865, 1298), last amended by Article 2 of
the Ordinance of 11. December 2001 (FOG I P. 3617), is being
amended as follows:
In Section 2, the words “of a Declaration of Whereabouts or” in fee
numbers 224.3 and 224.4 are deleted.”
Article 6
Return to the Standardized Ranking of Ordinances
The parts of the statutory instruments referred to in and amended
by Articles 3 to 5, can be amended on the basis of the applicable
delegated powers through statutory instruments.
Article 7
New Wording of the End-of-life Vehicle Ordinance
The Federal Ministry for the Environment, Nature Conservation
and Nuclear Safety may publish the End-of-life Vehicle Ordinance
in the version in effect as of 01 July 2002 in the Federal Official
Gazette.
Article 8
Entry into Force
(1) This Act enters into force on the first day of the calendar month
following its promulgation.
(2) Notwithstanding Paragraph 1, Article 3 § 3 Para. 1 Sentence 2
enters into force
1. on 01 July 2002 for vehicles put on the market from this date
onwards; and
2. on 01 January 2007 for vehicles put on the market prior to the
date stated in Number 1.
(3) Notwithstanding Paragraph 1, Article 3 § 11, No. 2 enters into
force on 01 January 2007.
14
The above act is herewith being executed. It shall be published
in the Federal Official Gazette.
Berlin, 21 June 2002
The Federal President
Johannes Rau
The Federal Chancellor
Gerhard Schröder
The Federal Minister
for the Environment, Nature Conservation and Nuclear Safety
Jürgen Trittin
The Federal Minister
for Traffic, Construction and Housing
Kurt Bodewig
Übersetzung - Englisch English translation
of the
German Law Governing the Disposal of End-of-life Vehicles
(End-of-life Vehicle Act - AltfahrzeugG)
of 21. June 2002
(Federal Law Gazette I number 41 page 2199 of 28 June 2002)
The Bundestag, with the approval of the Bundesrat, has
passed the following law:
Article 1
Amendment of the Act establishing the Commercial Code
The Act establishing the Commercial Code in the revised version
published in the Federal Official Gazette (FOG) part III,
classification number 4101-1, last amended by Article 2 of the Act
of 26 May 2002 (FOG I P. 1219), is being amended as follows:
The following chapter seventeen is inserted after chapter sixteen:
“Chapter Seventeen
Transitional Provisions for the End-of-Life Vehicle Act
Article 53
(1) For the obligation to take back and recycle end-of-life vehicles
according to §§ 3 to 5 of the End-of-Life Vehicle Ordinance in the
version published on 21 June 2002 (FOG I P. 2214), reserves for
the vehicles put on the market up until the respective cut-off date
must be formed for the first time in the financial statements for the
fiscal year ending after 26 April 2002.
(2) Insofar as the obligation stipulated in Paragraph 1 relates to
vehicles, which were put on the market before 01 July 2002, the
differential amount between the reserves to be formed according
to Paragraph 1 and the amount of the reserves, which would result
if these reserves were accumulated in equal annual instalments,
may be capitalized as a balance sheet aid. In this respect, an
accumulation period is to be used that starts with the fiscal year
referred to in Paragraph 1 and ends with the last fiscal year ending
prior to 01 January 2007. In the balance sheet the item is to be
reported before the fixed assets under the description: “Adjustment
amount under the End-of-life Vehicle Act”. Article 44 Para. 1,
Sentences 5 and 6 apply accordingly. “
_______________
1 This Act serves the purpose of transposing Directive 2000/53/EC
of the European Parliament and the Council of 18 September 2000
on end-of-life vehicles (OJ EC No. L 269 page 34) into German
law.
The obligations under Directive 98/34EC of the European
Parliament and the Council of 22 June 1998, laying down a
procedure for the provision of information in the field of technical
standards and regulations (OJ EC No. 1. 204 page 37), last
amended by Directive 98/48/EC of the European Parliament and
the Council of 20July 1998 (OJ EC No. L 217 page 18) were taken
into consideration.
Article 2
Amendment of the Income Tax Act
The Income Tax Act in the version published on 16 April 1997
(FOG I P. 821), last amended by Article 19 of the Act of 21 June
2002 (FOG I P. 2010, 1313), is being amended as follows:
1. § 6 Para. 1 No. 3a is being amended as follows:
a) Under Letter d, the following sentence is inserted after
Sentence 1:
“Reserves for statutory obligations to take back and
recycle products put on the market prior to the
corresponding statutory obligations having entered into
force, are to be accumulated in equal instalments by
time quota up to the beginning of the respective
fulfillment; Letter e does not apply in this respect.”
b) Under Letter e Sentence 3, the reference “Letter d
Sentence 2” is replaced by the reference “Letter d
Sentence 3”.
2. In § 52 Paragraph 16 Sentence 10, the reference “§ 6 Para. 1
No. 3a Letter d Sentence 2 and Letter e Sentence 3” is
replaced by the reference Ҥ 6 Para. 1 No. 3a Letter d
Sentence 2 and Letter e Sentence 3 in the version of the Act
of 24 March 1999 (FOG I P. 402)”.
Article 3
Amendment of the Ordinance on the Transfer
and Environmentally Sound Disposal of
End-of-life Vehicles
(End-of-Life vehicle Ordinance – AltautoV)
The End-of-life Vehicle Ordinance of 4 July 1997 (FOG I P. 1666),
amended by Article 315 of the Ordinance of 29 October 2001
(FOG I P. 2785), is being amended as follows:
1. The title is worded as follows:
“Ordinance on the Transfer, Collection and Environmentally Sound
Disposal of End-of-life Vehicles (End-of-life Vehicle Ordinance –
AltfahrzeugV)”
2. § 1 is worded as follows:
Ҥ 1
Area of Application
“(1) This Ordinance applies to vehicles and end-of-life
vehicles including their components and materials.
Notwithstanding § 3 Para. 4, it applies regardless of how the
vehicle has been
3
serviced and repaired during its use and of whether it is
fitted with components supplied by the manufacturer or with
other components, provided that their installation as
replacement, exchange or retrofit parts complies with the
respective regulations governing the type approval of
vehicles for traffic on public roads.
(2) §§ 9 and 10 do not apply to a manufacturer who
manufactures or imports vehicles exclusively in the meaning
of Article 8 Para. 2 Letter a) of Council Directive 70/156/EEC
of 6 February 1970 on the approximation of the laws of the
Member States relating to the type-approval of motor
vehicles and their trailers (OJ EC No. L 42 P. 1, No. L 225 P.
6), and also not to the vehicles manufactured or imported by
such manufacturer (small lot provision). The Federal Motor
Vehicle Department decides upon request whether the
prerequisites of Sentence 1 are fulfilled.
(3) For vehicles with a special purpose in the meaning of
Article 4 Para. 1 Letter a) second bullet of Council Directive
70/156/EEC of 06 February 1970 on the approximation of
the laws of the Member States relating to the type-approval
of motor vehicles and their trailers (OJ EC No. L 42 P. 1, Nr.
L 225 P. 4), the provisions of this Ordinance apply only up to
a maximum permissible weight of 3.5 tons. The vehicles
referred to in Sentence 1 are exempt from the requirements
under § 5 Para. 1. Instruments, components and other
equipment required for the special purpose of the vehicles
referred to in Sentence 1 are exempt from the requirements
under § 8.
(4) For three-wheeled motor vehicles, only §§ 1 to 5
apply.
(5) The provisions of this Ordinance apply to the
economic operators as well as the owners, title-holders and
last registered owners of end-of-life vehicles”.
3. § 2 is amended as follows:
a) Paragraph 1 is worded as follows:
“(1) For the purposes of this Ordinance, the term
1. “vehicle” means vehicles of the classes M1
(vehicles for passenger transport with a
maximum of 8 seats, not including the driver’s
seat) or N1 (vehicles for goods transport with a
maximum permissible weight of up to 3.5 tons)
in accordance with Annex II Section A of Council
Directive 70/156/EEC of 06 February 1970 on
the approximation of the laws of the Member
States relating to the type-approval of motor
vehicles and their trailers (OJ EC No. L 42 P. 1,
No. L 225 S. 34), as well as three-wheeled
motor vehicles according to Directive 92/61/EEC
(OJ EC No. L 225 P. 72), however not including
three-wheeled motorcycles;
2. “end-of-life vehicle” means vehicles which are
waste according to § 3 Para. 1 of the Recycling
and Waste Management Act;
3. “manufacturer” means the manufacturer of
vehicles according to the registration book, or
the commercial importer of a vehicle and the
manufacturer or the commercial importer of
vehicle parts and materials, as well as their
successors;
4. “prevention” means any measure aimed at
reducing the amount and the environmental
harmfulness of end-of-life vehicles, their
materials and substances;
5. “treatment” means any activity performed after
the transfer of the end-of-life vehicle to a
dismantling facility or of the stripped vehicle to a
shredding facility or another facility for the
purpose of depollution, dismantling, shredding,
recycling or preparation for disposal of the
shredder wastes, and any other activities carried
out in connection with the recycling and/or
disposal of end-of life vehicles and their
components;
6. “pre-treatment” means to remove and to render
harmless any hazardous components as well as
to drain any fluids;
7. “drainage” means the removal of any operating
fluids;
8. “compacting” means any measure aimed at
reducing volume, through which the properties of
the stripped vehicle are changed, e.g. by
crashing the vehicle’s roof, crushing the vehicle
or cutting it up;
9. “reuse” means any operation by which
components of end-of life vehicles are reused
for the same purpose for which they were
designed;
10. “recovery of materials” means the recycling of
waste materials, by means of a production
process, for their original purposes or for other
purposes ( utilization of a material’s properties,
recovery of raw materials), however excluding
recovery for the purpose of generating energy;
11. “recycling” means any of the applicable
processes set forth in Annex II B of the
Recycling and Waste Management Act;
12. “disposal” means any of the applicable
processes set forth in Annex II A of the
Recycling and Waste Management Act;
13. “hazardous substance” means any substance
which is considered dangerous under § 3a of the
Chemicals Act;
14. “acceptance facility” means any business or
business division accepting end-of-life vehicles
for the purpose of making them available or
forwarding them to dismantling facilities, without
being a dismantling facility themselves.
15. “collection facility” means any acceptance facility
through which the manufacturer, or a third party
contracted by the manufacturer, take end-of-life
vehicles back;
4
16. “dismantling facility” means any business or
business division, in which end-of-life vehicles
are treated for recovery and recycling purposes;
this may also include collection;
17. “stripped vehicle” means the end-of-life vehicle
treated at a dismantling facility for recovery and
recycling purposes in accordance with the
provisions of Annex Number 3;
18. “shredder“ means any device used for tearing
into pieces or fragmenting stripped vehicles or
other metallic or metalliferous waste for the
purpose of obtaining directly reusable metal
scrap as well as, if applicable, other recyclable
material fragments;
19. “other further treatment facilities” means any
facility that is not a shredder and serves the
purpose of recovering metals from stripped
vehicles as well as, if applicable, other
recyclable material fragments;
20. “dismantling information” means all information
required for the correct and environmentally
sound treatment of end-of life vehicles. It shall
be made available to authorized treatment
facilities by vehicle manufacturers and
component producers in the form of manuals or
electronic media (e.g. CD-ROM, on-line
services);
21. “last registered owner” means the last owner of
a vehicle listed in the registration book, to whom
the vehicle is or was registered under the Road
Traffic Type Approval Law;
22. “economic operators" means manufacturers, as
well as operators of collection facilities,
acceptance facilities, dismantling facilities,
shredding facilities, other further treatment
facilities, recovery and recycling businesses and
other businesses for the treatment of end-of-life
vehicles including their components and
materials, as well as motor vehicle insurance
companies;
23. “vehicle empty weight” means the relevant
empty weight of a vehicle for the purpose of
identifying the recycling targets; it is determined
as follows:
- for class M1 motor vehicles first registered up
until 31 December 1996: empty weight
according to registration book minus weight of
the contents of the tank filled at 90%;
- for class M1 motor vehicles first registered on or
after 01 Januar7 1997: Empty weight according
to registration book minus weight of the contents
of the tank filled at 90% and minus the weight of
the driver (75 kg);
- for class N1 motor vehicles: Empty weight
according to registration book minus weight of
the contents of the tank filled at 90% and minus
the weight of the driver (75 kg).”
b) Paragraphs 2 to 4 are eliminated.
c) Paragraph 5 becomes paragraph 2 and is worded as
follows:
“(2) Acceptance facilities, collection facilities,
dismantling facilities, shredding facilities and other
further treatment facilities are authorized for the
purposes of this Ordinance if
1. the respective facility possesses the required
certification in accordance with § 5 Para. 3; or
2. the facility is a specialized waste disposal operation
and the compliance with the requirements of this
Ordinance is verified and documented in the
monitoring certificate.”
4. The following § 3 is inserted below § 2:
Ҥ 3
Collection Obligation
(1) Vehicle manufacturers are required to take back all endof-
life vehicles of their brand from the last registered owner.
Vehicle manufacturers are required to take back the end-oflife
vehicles specified in Sentence 1 free of charge from their
delivery to an authorized collection facility, or to an
authorized dismantling facility designated by the
manufacturer.
(2) Public law waste disposal entities as defined by § 15
Para. 1 of the Recycling and Waste Management Act are
treated the same as last registered owners in cases where
the owners or title-holders of motor vehicles specified in § 15
Para. 4 of the Recycling and Waste Management Act could
not be ascertained. Paragraph 4 No. 1, 2 and 5 do not apply
in these cases.
(3) Vehicles manufacturers are required to, individually or
jointly, establish a dense network of authorized collection
facilities, either directly or through contracts with third
parties. These collection facilities must be located within
reasonable distance from the last registered owner.
(4) Paragraph 1 Sentence 2 does not apply if
1. the end-of-life vehicle is not registered or was not
registered last in compliance with the provisions of the
German registration process;
2. the end-of-life vehicle has been registered in
accordance with the provisions of the German
registration process for an overall period of less than
one months prior to its retirement;
3. the end-of-life vehicle no longer contains essential
components and assemblies, in particular the drive
train, body, chassis, catalytic converter or electronic
controls for vehicle functions;
4. waste has been added to the end-of-life vehicle;
5. the vehicle registration book is not handed over
6. the end-of-life vehicle is a class M1 or N1 vehicle,
which was not produced and approved in series and in
a single-stage process.
5
(5) Vehicle manufacturers shall provide the necessary
information on the collection facilities set up by them in an
adequate way, in order to inform the last registered owner
upon request of the location of a suitable collection facility.
(6) Manufacturers and distributors of components for
passenger vehicles are required to ensure that used parts
from repairs performed in motor vehicle repair facilities or in
comparable commercial establishments are taken back for
the purpose of being properly and safely recovered/recycled,
or disposed of in a way that is in the best public interest. The
parties involved may enter into agreements on the
necessary measures and the distribution of the costs.”
5. § 3 becomes § 4 and is amended as follows:
a) Paragraph 1 is worded as follows:
“(1) Anybody getting rid of, wanting to get rid of or
having to get rid of a vehicle is required to transfer
such vehicle only to an approved acceptance facility,
an approved collection facility or an approved
dismantling facility.”
b) In Paragraph 2 Sentence 1, the words “recycling
facilities” are replaced by the words “dismantling
facilities”, in Sentence 3 the words “recycling facilities”
are replaced by the words “dismantling facilities”, and
in Sentence 3 the words “A recycling facility may” are
replace by the words “Operators of dismantling
facilities may”, in Sentence 4, the words “or authorized
collection facilities” are inserted after the words
“acceptance facilities”, and the following Sentences 5
and 6 are appended after Sentence 4:
“Upon issuing or delivering the Certificate of
Destruction, end-of-life vehicles may only be turned
over for the purpose of due treatment in compliance
with the provisions of this Ordinance. This is warranted
by issuing or delivering a Certificate of Destruction.”
c) In Paragraph 3, the words “and collection facilities” are
inserted after the words “acceptance facilities”, the
words “end-of-life cars” are replaced by the words
“end-of-life vehicles”, and the words “recycling facility”
by the words “dismantling facility”;
d) Paragraph 4 is worded as follows:
“(4) Operators of dismantling facilities are required to
transfer stripped vehicles only to authorized shredding
facilities. Notwithstanding Sentence 1, the authority
responsible for the monitoring of the dismantling
facility may, upon presentation of an expert opinion (§
6) grant permission for stripped vehicles to be turned
over also to another further treatment facility.”
e) The following paragraph 5 is appended after
paragraph 4:
“(5) With the exception of § 26, the provisions of the
Ordinance on Waste Recovery and Disposal Records
do not apply to the transfer according to paragraphs 1
to 3.”
6. § 4 becomes § 5 and is worded as follows:
a) Paragraphs 1 to 4 are worded as follows:
“(1) The economic operators shall ensure that, based on the
average empty vehicle weight of all end-of-life vehicles
turned over per year, the following targets are met:
1. as of 01 January 2006, at the latest
a) Recovery and reuse of at least 85 percent of the
weight;
b) Recovery and recycling of materials at a rate of at
least 80 percent of the weight; and
2. as of January 2015, at the latest
a) Recovery and reuse of at least 95 percent of the
weight;
b) Recovery and recycling of materials at a rate of at
least 85 percent of the weight.
(2) Operators of acceptance facilities, collection facilities,
dismantling facilities, shredder facilities and other further
treatment facilities are required to fulfill the respectively
applicable requirements of the Annex. The operators
specified in Sentence 1 may only accept or treat end-of-life
vehicles or stripped vehicles, if they are authorized as set
forth in § 2 Para. 2.
(3) The compliance with the requirements set forth in
Paragraph 2 Sentence 1 shall be certified by an expert (§ 6).
This certification may only be granted if the requirements of
the Annex are fulfilled. The certification is valid for a period
of no more than 18 months. The expert shall revoke the
certification immediately if, upon verifying and auditing the
fulfillment of the respective facility-specific requirements of
the Annex, he is convinced that the operator does not or no
longer fulfill the requirements for the granting of the
certification, not even after a grace period of no longer than
three months granted by the expert. Sentences 2 and 4 do
not apply with regard to the fulfillment of the requirements
under Annex Number 3.2.4.1 Para. 3 and Number 4.1.2. The
expert is required to notify the competent supervisory
authorities responsible for the facility immediately of such
revocation and non-fulfillment of the requirements under
Annex Number 3.2.4.1 Para. 3 and Number 4.1.2. For
acceptance and collection facilities that are motor vehicle
repair workshops, the certification is done through the
respective competent motor vehicle guild. Sentences 2 to 6
apply accordingly to the motor vehicle guilds. When verifying
the fulfillment of the requirements, results of audits are to be
taken into consideration, which have been performed
1. by an independent environmental expert or an
environmental expert firm in accordance with Article 4
Paragraph 3 of Council Regulation (EEC) No. 1836/93
of 29 June 1993, allowing voluntary participation by
companies in the industrial sector in a Community
eco-management and audit scheme (OJ EC No. L 168
P. 1), or in accordance with Article 3 Paragraph 2
Letter d, and Paragraph 3 Letter a of Regulation (EC)
No 761/2001 of the European Parliament and of the
Council allowing voluntary participation by
organisations in a Community
6
eco-management and audit scheme (OJ EC No. L 114
P. 1);
2. by an entity accredited according to DIN EN 45012 in
connection with quality management certification
according to DIN EN ISO 9001 or 9004; or
3. by experts in connection with the audit of facilities in
accordance with § 19i Para. 2 Sentence 3 of the Water
Management Act and with the provisions decreed by
the Länder under this Act.”
(4) Paragraph 3 Sentences 1 to 6 applies accordingly for
accreditation in accordance with § 2 Paragraph 2 No. 2.”
b) § 4 Paragraph 3 (old) is deleted
c) § 4 Paragraph 4 (old) becomes § 5 Paragraph 5.
7. § 5 becomes § 6 and is worded as follows:
Ҥ 6
Experts
Certification in accordance with § 5 Para. 3 Sentence 1 may
only be granted by someone who
1. has been publicly appointed according to § 36 of the
Trade Regulation Act; or
2. possesses a license as environmental expert or
environmental expert firm in accordance with §§ 9 and
10 of the Environmental Audit Act of 7 December 1995,
last amended by Article 26 of the Act of 27 April 2002
(FOG I P. 1467), for activities under Section D
Subsection DN No. 37 of the Annex of Council
Regulation (EEC) No. 3037/90 of 09 October 1990 on
the statistical classification of economic activities in the
European Community (OJ EC No. L 293 P. 1), amended
by Regulation (EEC) No. 761/93 of 24 March 1993 (OJ
EC No. L 83 P. 1).”
8. The following § 7 is inserted after § 6:
Ҥ 7
Notification Duties
(1) The operators of acceptance facilities, collection facilities,
dismantling facilities, shredding facilities and other further
treatment facilities are required to promptly present their
valid certification according to § 5 Para. 3 Sentence 1
including the audit report, or the valid monitoring certificate
of a technical inspection organization or a waste disposal
joint-venture, including the audit report, as well as the
number assigned to the authority responsible for monitoring
the respective facility in accordance with § 27 Para. 3 of the
Ordinance on Waste Recovery and Disposal Records of 10
September 1996 (FOG I P. 1382, 1997 I P. 2860). If the
acceptance or collection facilities are motor vehicle repair
workshops, the competent motor vehicle guild shall present
the certification including the audit report to the authority
responsible for monitoring the facility.
(2) The agencies in charge of licensing experts and expert
firms pursuant to § 6 shall promptly notify the joint agency
specified in § 32 Para. 2 of the Environmental Audit Act of
any licenses granted by them and of any modifications made
thereto. This joint agency shall generate up-to-date lists from
this data on a regular basis and make them public in a
suitable manner.
(2a) The experts under § 6 shall, for the dismantling
facilities, shredders and other further treatment facilities
accredited by them, immediately forward a copy of any
certificates granted or revoked by them to a joint agency to
be set up by the Länder. These documents must contain at
least the following information:
1. Name and address of the company,
2. Address of the accredited facility or operating unit,
3. Facility number in accordance with § 27 Para 3 of the
Ordinance on Waste Recovery and Disposal Records for
the facilities or operating units referred to in number 2
above.
4. Communications equipment
5. Contacts
6. Competent approval authority
7. Date of issue and expiry of the certificate.
For dismantling facilities that have been designated by one
or several manufacturers for the free collection of end-of-life
vehicles, the manufacturers who have designated the
dismantling facilities for this purpose must also be listed. The
requirements of sentences 1 to 3 also apply to experts,
technical inspection organizations or waste disposal jointventures
accrediting the businesses set forth in Sentence 1
as specialized waste disposal facility. The agency referred to
in Sentence 1 shall, on a regular basis, generate up-to-date
lists from the data from Sentence 2 No. 1 to 5 and Sentence
3, and make them public in a suitable manner.
(3) The expert (§ 6) shall notify the authority in charge of
monitoring the respective facility with at least 14 days’ prior
notice of the audit date for the granting of the certification in
accordance with § 5 Para. 3. For facilities referred to in § 2
Paragraph 2 Number2, Sentence 1 shall apply accordingly.”
9. The following § 8 is inserted after § 7:
Ҥ 8
Waste Prevention
(1) In order to promote the prevention of waste,
1. the utilization of hazardous materials in vehicles is to be
restricted and already during the conceptualization of
vehicles to be reduced as much as possible, in particular
in order to prevent their being released into the
environment, make the recycling of materials easier and
avoid the need to dispose of hazardous waste;
2. extensive consideration is to be given to the dismantling,
reuse, recovery and, in particular, the recycling of endof-
life vehicles and their
7
materials and components when designing and
producing new vehicles;
3. an increasing amount of recycled materials is to be used
in the production of vehicles and other products.
(2) After 01 July 2003 vehicles, as well as materials and
components for those vehicles, may only be put on the
market if they do not contain any lead, mercury,
cadmium or hexavalent chrome. Sentence 1 does not
apply to the cases and under the conditions set forth in
Annex II of the respective applicable version of Directive
2000/53/EC of the European Parliament and the Council
of 18 September 2000 on end-of-life vehicles (OJ EC
No. L 269 P. 34).”
10. The following § 9 is inserted after § 8:
Ҥ 9
Coding Standards and Dismantling Information
(1) Vehicle manufacturers, in arrangement with materials
and component manufacturers, are required to use
component and material coding standards in compliance
with the determination by the European Commission
pursuant to Article 8 Paragraph 2 of Directive 2000/53/EC of
the European Parliament and the Council of 18 September
2000 on end-of-life vehicles (OJ EC No. L 269 P. 34), in
particular to facilitate the identification of those components
and materials, which are suitable for reuse and recycling.
(2) Upon request vehicle manufacturers are required to
provide dismantling information to accredited dismantling
facilities for each type of new vehicle put on the market
within six months after the vehicle is put on the market. This
information shall identify, as far as it is needed by the
dismantling facilities in order to comply with the provisions of
this Ordinance, the different vehicle components and
materials, and the locations of all hazardous substances in
the vehicle, in particular in view of achieving the objectives
laid down in § 5.
(3) Without prejudice to commercial and industrial
confidentiality, the manufacturers of vehicle components are
required to make appropriate information on the dismantling,
storage and testing of reusable components to accredited
dismantling facilities available upon request.”
11. The following § 10 is inserted after § 9:
Ҥ 10
Duty to Provide Information
(1) Vehicle manufacturers are required to publish the
following information in a suitable manner in cooperation
with the respective economic operators:
1. Information on the recovery- and recycling-friendly
design of vehicles and their components;
2. Information on the environmentally sound treatment of
end-of-life vehicles, in particular on the removal of all
fluids and dismantling;
3. Information on the development and optimization of
ways to reuse, recycle and recover end-of life vehicles
and their components,
4. Information on the progress achieved in the area of
recovery and recycling towards the goal of reducing the
waste to be disposed of and increasing the recovery and
recycling rates.
The respective economic operators are required to make the
information pursuant to Numbers 2 to 4 available to the
manufacturers.
(2) The vehicle manufacturers are required to make this
information accessible to the prospective buyers of
vehicles. It shall be included in the promotional literature
for the new vehicle.”
12. § 6 becomes § 11 and is worded as follows:
Ҥ 11
Violations
“In the meaning of § 61 Para. 1 No. 5 of the Recycling and
Waste Management Act , a person acts in violation of
the regulation if he or she wilfully and negligently
1. fails to take back an end-of-life vehicle in violation of § 3
Para. 1 Sentence 1;
2. fails to take back an end-of-life vehicle in the prescribed
manner in violation of § 3 Para. 1 Sentence 2;
3. in violation of § 3 Para. 6 Sentence 1, fails to ensure that
used parts from motor vehicle repairs are taken back;
4. surrenders a vehicle, end-of-life vehicle or stripped
vehicle in violation of § 4 Para. 1, 3 Sentence 1 or Para
4 Sentence 1;
5. fails to certify the transfer altogether, or fails to certify
such transfer correctly, completely and in due time, in
violation of § 4 Para. 2 Sentence 1;
6. issues a Certificate of Destruction in violation of § 4
Para. 2 Sentence 3;
7. contracts an acceptance or collection facility in violation
of § 4 Para. 2 Sentence 4;
8. treats an end-of-life vehicle in violation of § 5 Para. 2
Sentence 1 in combination with Annex Number 2.1.2
Sentence 1;
9. in violation of § 5 Para 2. Sentence 1 in combination with
Annex Number 3.2.2.1 Sentence 1, fails to remove a
battery, treat a fluid tank, or dismantle, provide for the
disposal of or render harmless a component, or if he or
she fails to do any of the above in due time;
10. in violation of § 5 Para 2. Sentence 1 in combination with
Annex Number 3.2.2.1 Sentence 2, fails to remove or
remove in due time, or to collect, collect in the stipulated
manner or collect in due time, one of the operating fluids
or operating substances listed there;
8
11. in violation of § 5 Para 2. Sentence 1 in combination with
Annex Number 3.2.3.2 Sentence 1, fails to remove, or
remove in due time, the substances, materials or
components listed there;
12. in violation of § 5 Para 2. Sentence 1 in combination with
Annex Number 3.2.3.3 Sentence 1, fails to strip,
disassemble or forward for reuse or recycling, or strip
disassemble or forward for reuse or recycling in due
time, the substances, materials or components listed
there, or if he or she fails to document that the
respective share has been recycled;
13. in violation of § 5 Para 2. Sentence 1 in combination with
Annex Number 3.2.4.1 Sentence 6, fails to transfer, or
transfer in due time, the materials, components or
operating fluids listed there for reuse or recycling;
14. accepts or shreds a stripped vehicle in violation of § 5
Para 2. Sentence 1 in combination with Annex Number
4.1.1 Sentence 3;
15. in violation of § 5 Para 2. Sentence 1 in combination with
Annex Number 4.1.2 Sentence 1, fails to recover/recycle
the weight percentage stated there or to document that
the respective share has been recycled;
16. accepts or treats an end-of-life vehicle or a stripped
vehicle in violation of § 5 Para 2. Sentence 2;
17. grants certification in violation of § 6;
18. fails to present, present correctly, present completely or
present in due time, a certification or monitoring
certificate in violation of § 7 Para. 1; or
19. puts vehicles, materials or components on the market in
violation of § 8 Para. 2 Sentence 1.”
13. The following § 12 is inserted after § 11:
Ҥ 12
Transitional Provisions
(1) Certifications according to § 5 Para. 3 Sentence 1, which
were properly granted at the time of entering into force of the
Ordinance, shall continue to be valid until their expiration.
(2) Experts and expert organizations who, based on § 6, no
longer possess the required license and whose qualification
for the granting of certifications pursuant to § 5 Para. 3
Sentence 1 was legally verified prior to the entry into force of
this Ordinance, may continue to grant certifications for a
period of two months following the entry into force of the
Ordinance. The validity of such certifications shall be limited
to a maximum duration of 6 months.”
14. The Annex is amended as follows:
a) The title is worded as follows:
“Annex I
Requirements for the acceptance and collection
of end-of-life vehicles, the proper and safe
recovery and recycling of end-of-life vehicles
and stripped vehicles, as well as the proper and
safe disposal of the resulting waste”
b) Under Number 2, the words “and collection facilities” are
inserted after the words “acceptance facilities”.
c) Number 2.1 is amended as follows:
aa) In Number 2.1.1, the words “recovery facility” in
Sentence 1 are replaced with the words
“dismantling facility”, and Sentence 2 is worded as
follows: “The cooperation with the dismantling
facilities is to be provided for by contracts.”
Sentence 3 is deleted.
bb) In Number 2.1.2, Sentence 1 is worded as follows:
“Acceptance facilities are not allowed to treat endof-
life vehicles, in particular they may not drain and
disassemble them.”, and in Sentence 2, the words
“recovery facility” are replaced with the words
“dismantling facility”.
cc) In Number 2.1.3, the words “any further legal” are
replace with the words “any applicable legal”.
d) Number 2.2.1 is worded as follows:
“2.2.1 The overall area provided for acceptance must
be divided into a drop-off area, and an area
where vehicles await pick-up. This area shall be
protected by a mineral oil proof pavement in
compliance with the generally accepted
technical rules for the requirements under water
regulations and shall be drained via at least one
(e.g. DIN 19992-compliant) light fluid trap. If the
area is roofed, it is not necessary to drain it via a
light fluid trap.
e) Number 2.3 is worded as follows:
“2.3 All incoming and outgoing end-of-life vehicles
must be recorded in writing in an operating log.
Moreover, the following information is to be
recorded:
- Copies of the certificates of destruction for all
incoming end-of-life vehicles;
- Special occurrences and breakdowns
including their causes and corrective action
taken;
The operating log must be presented to the
supervising motor vehicle guild, the expert or the
competent authorities upon request. In addition,
the cooperation with the dismantling facilities
must be documented through contracts.”
f) The following Number 2.4 is inserted after Number 2.3.2:
“2.4 Collection facilities
The requirements of Numbers 2.1 to 2.3 apply
accordingly to collection facilities.”
g) In Number 3, the words “recovery facilities” are to be
replaced with the words “dismantling facilities”, and
Number 3.1.1 is amended as follows:
aa) In Sentence 1, the words “treatment of end-of-life
cars” are replaced by the words “treatment of end-oflife
vehicles”, and the words “end-of-life cars” by the
words “end-of-life vehicles”;
2 Can be obtained from the publishing house Beuth-Verlag GmbH,
Berlin
9
bb) The sixth bullet is completed as follows: “… that do
not contain any fluids.”;
cc) Another bullet is inserted after the sixth bullet, which
is worded as follows: “- storage for usable fluidcarrying
motor vehicle parts;”
dd) Under the last bullet, the following words are
inserted after the word “compacting”: “if compacting
measures are carried out.”;
ee) In Sentence 3, the word “treatment” is replaced by
the words “pre-treatment”, and the words “within the
provided drop-off area or” are deleted.
h) Number 3.1.2 is worded as follows:
“3.1.2 Premises
3.1.2.1 The areas provided for drop-off and as storage
for incoming vehicles shall be sufficiently large
and paved in accordance with the generally
accepted technical rules for water management.
3.1.2.2 For the areas provided for pre-treatment,
dismantling, storage of fluids and fluid-carrying
parts, and compacting, adequate measures shall
be taken to ensure that the recoverable waste is
not damaged in its nature, and that any
endangerment of the environment is excluded.
This can be achieved, for example, by enclosing,
roofing or compacting in mobile presses with
integrated collecting system. If the surfaces of
the areas referred to in Sentence 1 are not
covered by a roof, they must be protected by
mineral oil proof pavement in compliance with
the generally accepted technical rules under
water regulations, and drained via at least one
(e.g. DIN 19992 compliant) light fluid trap.
3.1.2.3 The pre-treated end-of-life and stripped vehicles
shall be stored in such a way, that no soil and/or
water contamination needs to be feared.
3.1.2.4 Batteries shall be stored separately in acidresistant
containers or on an acid-resistant
surface without drain.”
i.) Number 2.3.1.1 is amended as follows:
aa) In Sentence 1, the words “recovery facility” are
replaced with the words “dismantling facility”, and
the words “environmentally relevant legal provisions”
with the words “applicable legal provisions in
particular for environmental protection and
occupational safety”.
bb) The following Sentence 3 is inserted after Sentence
2:
“The same applies accordingly for dismantling
facilities not requiring approval under emission
protection law, which therefore require approval
under building law.”
j) Number 3.2.1.5 is amended as follows:
2 Can be obtained from the publishing house Beuth-Verlag GmbH,
Berlin
aa) Paragraph 1 is worded as follows:
“The operator is required to maintain a written
operating log and to prepare a written operating
manual. The requirements for the operating log arise
from the documentation obligations under Number
3.3. The operating manual shall contain, in
particular, instructions for the treatment and storage
of the end-of-life vehicles, as well as work and
operating directives.”
bb) Sentence 3 of Paragraph 2 is deleted.
k) Number 3.2.2.1 is amended as follows:
aa) Sentences 1 to 3 are replaced with the following
sentences 1 and 2:
“Upon receipt of an end-of-life vehicle, operators of
dismantling facilities shall promptly
- remove the batteries;
- handle and dismantle the liquid gas tank
adequately according to the manufacturer’s
instructions; and
- have the pyrotechnical components either
dismantled and disposed of according to the
manufacturer’s instructions by trained technical
personnel in authorized facilities, or render them
harmless by tripping them while still installed.
Prior to any further treatment, operators of
dismantling facilities must remove and collect
separately the following operating fluids and
operating materials:
- fuel (including liquid gas for vehicle propulsion);
- coolant;
- brake fluid;
- windshield washing fluid;
- refrigerant from air conditioners (CFC, etc.);
- oil filters;
- engine oil, transmission oil, differential oil,
hydraulics oil and suspension oil, if the suspension
is not dismantled; these oils can be mixed
provided that according to the provision of the
Waste Oil Ordinance, they can be allocated to
collective category 1.”
bb) In Sentence 3, the word “this” is replaced by the
reference “Sentence 2”.
cc) In Sentence 4, the word “substances” is replaced by
the word “materials”.
dd) The following sentence is inserted after Sentence 4:
“Substances that, according to the General Directive
for the Water Management Act on the Classification
of
10
Water Polluting Substances in Water Pollution
Classes (VwVwS, FOG No. 98a of 29 May 1999) are
classified, or should be classified, as water polluting,
must be filled into and stored in specifically
approved containers and in compliance with the
Ordinances decreed by the Länder governing the
handling of water polluting substances and
specialized facilities (Appendices V- VawS).”
l) In Number 3.2.2.2, Paragraph 1 is worded as follows:
“The pre-treatment according to Number 3.2.2.1 must
comply with the state of the art. In particular the draining
of the fluids shall lead to all units being drip-free. All
openings from which fluids could leak, shall be sealed
tight. Compliance with Sentence 3 is not required if the
stripped vehicles are stored on a mineral oil proof
surface that meets the generally accepted technical
rules under water regulations.”
m) In Number 3.2.2.3, Sentence 2 is worded as follows:
“When handling flammable fluids, the applicable
regulations shall be complied with, such as, for example,
the Hazardous Materials Ordinance, the Ordinance on
Flammable Fluids, and regulations for the prevention of
explosions.”
n) Number 3.2.3 is amended as follows:
aa) In Number 3.2.3.1, the word “recycled” is
replaced by the word “reused”.
bb) Number 3.2.3.2 is worded as follows:
“Prior to further treatment, operators of
dismantling facilities shall remove the following
substances, materials and components because
of their hazardous and detrimental nature:
- the PCM device according to the
manufacturer’s recommendations;
- suspensions, if not drained;
- components containing asbestos;
- components containing mercury, such as
switches, in as far as practicable;
- components and materials coded in
accordance with Annex II of Directive
2000/63/EC of the European Parliament and
the Council of 18 September 2000 on end-oflife
vehicles (OJ EC No. L 269 P. 34) in the
respective applicable version, that were put on
the market after 01 July 2003;
- substances not pertaining to motor vehicles.
It is to be ensured that dismantled suspensions,
which will not be reused as components, are
fully drained prior to the recovery of the metallic
parts.
o) Number 3.2.3.3 is worded as follows:
“Prior to transferring the stripped vehicle to a shredding
facility or other further treatment facility, operators of
dismantling facilities shall strip, disassemble and above
all, provide for reuse or recycling, the following
components, substances and materials:
- catalytic converters;
- balancing weights;
- aluminium wheel rims;
- front, rear and side windows, as well as
sun roofs;
- tires,
- larger plastic components, such as bumpers,
hub caps and radiator grilles, if the respective
materials will not be separated during or after
the shredding process in such a way as to
allow for the materials to be recycled;
- metal components containing copper,
aluminium and magnesium, if the respective
metals will not be separated during or after the
shredding process.
Dismantled tires that are to be recycled shall be
turned over to specialized disposal facilities that
are certified for the recycling of this type of
waste.”
p) Number 3.2.4.1 is amended as follows:
aa) In Sentence 1, the words “end-of-life car” are
replaced with the words “end-of-life vehicle”, and
the words “reuse und recovery” with the word
“reuse”;
bb) Sentence 6 is worded as follows:
“Prior to transferring the stripped vehicle to a
shredding facility or other further treatment
facility, operators of dismantling facilities shall, at
the latest as of 01 January 2006, strip or remove
and provide for reuse or recycling, components,
materials and operating fluids at an annual
average rate corresponding to at least 10
percent of the total empty weight of the accepted
end-of-life vehicles, and they shall document
that the required share has been recycled.”
cc) The following Sentences 7 to 10 are added after
Sentence 6:
“Metallic components and materials, such as
stripped vehicles, core scrap, spare parts and
fuels, may not be included in the calculation
under Sentence 6. Scrap tires and batteries may
be included in the calculation under Sentence 6,
if they were turned over to a specialized disposal
facility certified for the recycling of this type of
waste. The obligations under Sentence 6 shall
not apply, if proof is provided that the
requirements with regard to the annual average
recycling rate in relation to the total empty
weight of the accepted end-of-life vehicles in
accordance with § 5 Para. 1 No. 1 Letter b) were
fulfilled in another suitable way. In this case, the
proof that the obligations under Sentence 6 have
been fulfilled must be furnished jointly by all
involved operators and verified by an expert
pursuant to § 6.”
11
dd) The following Paragraphs 4 and 5 are added
after Sentence 10:
“For components, standard values or
manufacturer data may be used for calculation
purposes in accordance with Sentence 6.
The requirements under Sentence 6 may also
be fulfilled jointly by several dismantling
facilities. In this case, the proof that the
obligations under Sentence 6 have been fulfilled
must be furnished jointly by all involved
operators and verified by an expert pursuant to §
6.”
q) Number 3.3.1 is amended as follows:
The words “recovery facility” are replaced by the words
“dismantling facility”, and the words “components, the”
are inserted after the words “other whereabouts of the”.
r) Number 3.3.2 is amended as follows:
The words “end-of-life car recycling” are replaced by the
words “end-of-life vehicle recycling”.
s) Number 3.3.3 is amended as follows:
aa) The first bullet is worded as follows:
“- carbon copies of the certificates of
destruction, as well as the respective documents
pursuant to § 7 Paragraph 1 Sentence 1, in
chronological order;”
bb) After the third bullet, the following new bullet is
inserted:
“- information with regard to the flow of materials
from other company sectors, which are disposed
of together with the materials from the disposal
of end-of-life vehicles;”
t) Number 4 receives the following subtitle:
“4. Requirements for shredding facilities and
other further treatment facilities”
u) Number 4.1.1 is amended as follows:
In Sentence 1, the words “environmentally relevant legal
provisions” are replaced by the words “applicable legal
provisions, in particular with regard to environmental
protection and occupational safety”, and the following
Sentence 3 is inserted after Sentence 2:
“Operators of shredding facilities may only accept and
shred stripped vehicles, if the end-of-life vehicles have
been treated at accredited dismantling facilities in
accordance with the requirements of Numbers 3.2.2.2
Sentences 1 and 2, 3.2.3.2 and 3.2.3.3 of the Annex.”
v) Number 4.1.2 is worded as follows:
“Operators of shredding facilities are required to provide
the following annual average weight percentages, in
relation to the overall amount of the empty vehicle
weight, of the non-metallic portion of the shredding
residues:
a) as of 01 January 2006, 5 percent for recovery, and
b) as of 01 January 2015, 5 percent for recycling and
another 10 percent for recovery. They are also
required to document that the required share has been
recovered/recycled. The overall empty vehicle weight
is calculated by totalling the empty vehicle weights
reported in the certificates of destruction for the
individual stripped vehicles that were accepted by a
shredding facility during the reference year.
If the light shredding residues are treated in an approved
way, the weight percentage of the metals thus separated
can be taken into account in the calculation pursuant to
Sentence 1, if these metals are recycled.
The requirements under this number can also be fulfilled
jointly by several shredding facilities. In this case, the
proof that the obligations under Sentence 1 have been
fulfilled must be furnished jointly by all involved
operators and verified by an expert pursuant to § 6.”
w) Number 4.2.1 is amended as follows:
The words “in writing” are inserted after the words
“flow of materials”.
x) The following Number 4.3 is added after Number 4.2.2:
4.3 Requirements with regard to other further
treatment facilities
For operators of other further treatment facilities,
the requirements under Numbers 4.1 and 4.2
apply accordingly. In addition, the provisions of
the license pursuant to § 4 Para. 4 Sentence 2
are to be complied with.”
y) Number 5 is amended as follows:
The following Sentence 2 is inserted after Sentence 1:
“The competent authority shall decide, upon request, on
the permissibility of deviations in view of granting
certification in accordance with § 5 Para. 3.”
15. In the Annex, Numbers 2.1.1, 2.1.4, 2.2.2, 2.3.2, 3.2.1.2,
3.2.1.3, 3.2.1.5, 3.2.4.3 and 4.1.2, the words “end-of-life
cars” are replaced by the words “end-of-life vehicles”.
Article 3a
Amendment of the Transport Licence Ordinance
The Transport Licence Ordinance of 10 September 1996 (FOG I P.
1411, 1997 I P. 2861), last amended by Article 4b of the
Ordinance of 25 April 2002 (FOG I P. 1488), is being amended as
follows:
§ 1 Para. 2 Sentence 3 is worded is follows:
“The provisions of this Ordinance do not apply for the collection
and transport of end-of-life vehicles in connection with the transfer
of end-of-life vehicles in accordance with § 4 Para. 1 to 3 of the
End-of-Life Vehicle Ordinance in the version published on 21 June
2002 (FOG I P. 2214).”
12
Article 3b
Amendment of the Ordinance on Waste Management
Concepts and Waste Balance Sheets
The Ordinance on Waste Management Concepts and Waste
Balance Sheets of 13 September 1996 (FOG I P. 1447, 1997 I P.
2862), last amended by Article 4c of the Ordinance of 25 April
2002 (FOG I P. 1488), is being amended as follows:
In Appendix 2 (to § 10), Number 1 of Column 1 is worded as
follows:
Column 1 Column 2
1. End-of-life vehicles in
accordance with § 2 Para.
1 No. 2 of the End-of-Life
Vehicle Ordinance (waste
code 16 01 04)
Article 4
Amendment of the
Road Traffic Type Approval Law
The Road Traffic Type Approval Law in the version published on
28 September 1988 (FOG I P. 1793), last amended by Article 1 of
the Ordinance of 11 December 2001 (FOG I P. 3617), is amended
as follows:
1. § 27a is worded as follows:
Ҥ 27 a
Certificate of Destruction
(1) If a vehicle of the classes M1 or N1 in accordance with
Annex II A of Council Directive 70/156/EEC of 06 February
1970 on the approximation of the laws of the Member States
relating to the type-approval of motor vehicles and their
trailers (OJ EC No. L 42 P. 1, No. L 225 S. 34)
1. has been turned over to an authorized dismantling
facility in accordance with § 4 Para. 1 of the End-of-life
Vehicle Ordinance in the version published on 21 June
2002 (FOG I, P. 2214) for recovery/recycling, the owner
or title-holder of such vehicle is required to present a
Certificate of Destruction as per Model 12 to the
registration authorities, in order to have the vehicle
permanently retired; or
2. is not to be disposed of as waste or remains abroad for
the purpose of disposal, the owner or title-holder of such
vehicle is required to provide the registration authority
with a declaration to this effect, so that the registration
authority can permanently retire the vehicle.
The obligations under Sentence 1 apply for the permanent
retirement of a vehicle upon request.
(2) The registration authority verifies the correctness and
completeness of the information provided in the Certificate of
Destruction with regard to the vehicle and the owner/titleholder,
and returns the Certificate of Destruction with the
respective attestation.
2. § 69a Para. 2 Number 12a is worded as follows:
“12a. fails to present, or fails to present as prescribed, the
proof as per Model 12 in violation of § 27 a Para. 1;”
3. In the Annex, the Model 12 and 13 are amended as follows:
a) The title is worded as follows:
Model 12 Introductory Remarks
(§ 27 a Road Traffic Type Approval Law – StVZO)
Introductory Remarks on the Preparation of the
Template “Certificate of Destruction” (Model 12).
b) Number 1 is worded as follows:
1. Overview
1.1 The Certificate of Destruction consists of a set of 4
copies (sheets).
The first copy (sheet 1) of pages 1 to 2 of the
template contains the following indication above line
1:
“This copy (pink) is for the vehicle owner / titleholder.”
Analogously, sheet 2 contains the following
indication:
“This copy (antique gold) is for the dismantling
facility.”
Analogously, sheet 3 contains the following
indication:
“This copy (blue) is for the shredding facility.”
Analogously, sheet 4 contains the following
indication:
“This copy (white) is for the acceptance / collection
facility.”
c) Number 1.2 is deleted.
d) Number 4.1 is worded as follows after the words
“Certificate of Destruction (Model 12)”:
“Certificate of Destruction (Model 12)
Sheet 1 pink 100 % yellow
(copy for the owner) and
85 % magenta
Sheet 2 antique gold 100 % yellow
(copy for the and
recovery facility) 45 % magenta
Sheet 3 blue 55 % magenta
(copy for the and
shredding facility) 100 % cyan
Sheet 4 white
(copy for the acceptance /
collection facility)
e) Number 7 is deleted.
f) Model 12 (Certificate of Destruction) is amended as
follows:
aa) In the header area of pages 1 and 2, a nine digit
field with the field name “Facility Number” is
inserted. Behind the words “Facility Number”,
the following footnote is inserted: “number
assigned by the competent authority in
accordance with § 27 Para. 3 of the Ordinance
on Waste Recovery and Disposal Records”. In
the
13
header area of pages 1 and 2, a ten digit field
with the field name “Vehicle License Plate
Number” is inserted.
bb) In the double line 1.1 (Last name, First name /
Company / Corporation), one line is deleted. In
the parentheses, a comma and the words “Date
of birth” are inserted following the words “First
name”. A new line 1.4 is inserted after line 1.3,
with the following wording:
“Data on the vehicle owner / title-holder partially
or totally unavailable – 1 empty field”.
cc) The former line 2.1 is replaced by a five digit
field with the field name “Vehicle Class”, an 18
digit field with the field name “Vehicle Make” and
an eight digit field with the field name “Vehicle
Model”. A new line 2.3 is inserted after line 2.2.
This line contains a ten digit field with the field
name “Date of first registration”, a four digit field
with the field name “Empty vehicle weight acc. to
§ 2 no. 23 of the End-of-Life Vehicle Ordinance,
as well as a three digit field with the field name
“Nationality code”. A new line 2.4 is inserted
after line 2.3, with the following wording:
“Data on the vehicle owner / title-holder partially
or totally unavailable – 1 empty field”.
dd) In line 3.9, a 10 digit field with the field name
“Expiry date of the certificate” is inserted.
ee) In line 4.9, a 10 digit field with the field name
“Expiry date of the certificate” is inserted.
ff) After line 4.9, a new line 4.10 is inserted with the
name “Approval authority responsible for the
dismantling facility”, a line 4.11 with the field
names “Street” and “House no.”, as well as a
line 4.12 with the field names “Postal code” and
“City/town”
gg) Line 4.10 becomes line 4.13.
hh) Following Section 4, new Section 5 is inserted. It
contains a signature field with date and place
field for the last owner, as well as the sentence:
“I confirm that I have turned over the motor
vehicle to the above referred facility in
accordance with § 4 Para. 1 of the End-of-Life
Vehicle Ordinance.”
ii) The former Section 5 becomes Section 6.
jj) In Sections 1 to 6, the words “recovery facility”
are replaced by the words “dismantling facility”,
in Sections 1, 2,3 and 6, the words “acceptance
facility” are replaced by the words “acceptance /
collection facility” and in Sections 3, 4 and 6, the
words “registration office” are replaced by the
words “registration authority”.
g) Model 13 (Declaration of Whereabouts) is eliminated.
Article 5
Amendment of the Fee Scale for
Road Traffic Measures
The Annex (to § 1) of the Fee Scale for Road Traffic Measures of
26 June 1970 (FOG I P. 865, 1298), last amended by Article 2 of
the Ordinance of 11. December 2001 (FOG I P. 3617), is being
amended as follows:
In Section 2, the words “of a Declaration of Whereabouts or” in fee
numbers 224.3 and 224.4 are deleted.”
Article 6
Return to the Standardized Ranking of Ordinances
The parts of the statutory instruments referred to in and amended
by Articles 3 to 5, can be amended on the basis of the applicable
delegated powers through statutory instruments.
Article 7
New Wording of the End-of-life Vehicle Ordinance
The Federal Ministry for the Environment, Nature Conservation
and Nuclear Safety may publish the End-of-life Vehicle Ordinance
in the version in effect as of 01 July 2002 in the Federal Official
Gazette.
Article 8
Entry into Force
(1) This Act enters into force on the first day of the calendar month
following its promulgation.
(2) Notwithstanding Paragraph 1, Article 3 § 3 Para. 1 Sentence 2
enters into force
1. on 01 July 2002 for vehicles put on the market from this date
onwards; and
2. on 01 January 2007 for vehicles put on the market prior to the
date stated in Number 1.
(3) Notwithstanding Paragraph 1, Article 3 § 11, No. 2 enters into
force on 01 January 2007.
14
The above act is herewith being executed. It shall be published
in the Federal Official Gazette.
Berlin, 21 June 2002
The Federal President
Johannes Rau
The Federal Chancellor
Gerhard Schröder
The Federal Minister
for the Environment, Nature Conservation and Nuclear Safety
Jürgen Trittin
The Federal Minister
for Traffic, Construction and Housing
Kurt Bodewig
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Experienced certified translator working from English, German and Portuguese into English and German. Specializations: Tourism, int'l. trade, legal, financial, general business, marketing, automotive, personal documents, immigration, etc.
Native German speaker with near-native fluency in English and a solid working knowledge of Portuguese.
Master's Degree in "Applied Foreign Languages" (English/Portuguese) from the University of Provence, France.
Full-time freelance translator since 1998.
1989 to 1992: Official translator/interpreter at the Embassy of Angola in Bonn, Germany.
1993 - 1994: Tri-lingual executive assistant at a German multinational company in Rio de Janeiro, Brazil.
1994 - 1998: Managed the Banff, Canada office of a small German tour company, and co-owned a small local tourism business.
Anja Brito - Gateway Translations 
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