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C 309/62 Official Journal of the European Communities EN 27.10.

2000

Thursday 3 February 2000

 having regard to the amended Commission proposal (COM(1998) 673),

 having regard to its position at second reading on the Council’s common position (1),

 having regard to the Commission’s opinion on Parliament’s amendments to the common position
(COM(1999) 629  C5-0316/1999),

 having regard to Article 251(5) of the EC Treaty,

 having regard to Rule 83 of its Rules of Procedure,

 having regard to the report of its delegation to the Conciliation Committee (A5-0009/2000),

1. Approves the joint text and draws attention to the Commission statements thereon;

2. Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of
the EC Treaty;

3. Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of
the Council, to have it published in the Official Journal of the European Communities;

4. Instructs its President to forward this legislative resolution to the Council and Commission.

(1) Item 4 of Texts Adopted of 28.10.1999.

6. End-of-life vehicles ***II

A5-0006/2000

European Parliament legislative resolution on the common position adopted by the Council with a
view to the adoption of a European Parliament and Council Directive on end-of-life vehicles
(8095/1/1999 ( C5-0180/1999 ( 1997/0194(COD))

(Codecision procedure: second reading)

The European Parliament,

 having regard to the Council common position (8095/1/1999  C5-0180/1999) (1),

 having regard to its position at first reading (2) on the Commission proposal to Parliament and the
Council (COM(1997) 358) (3),

 having regard to the amended Commission proposal (COM(1999) 176) (4),

 having regard to Article 251(2) of the EC Treaty,

 having regard to Rule 80 of its Rules of Procedure,

 having regard to the recommendation for second reading of the Committee on the Environment,
Public Health and Consumer Policy (A5-0006/2000),

1. Amends the common position as follows;

2. Instructs its President to forward its position to the Council and Commission.

(1) OJ C 317, 4.11.1999, p. 19.


(2) OJ C 150, 28.5.1999, p. 420.
(3) OJ C 337, 7. 11.1997, p. 3.
(4) OJ C 156, 3.6.1999, p. 5.
27.10.2000 EN Official Journal of the European Communities C 309/63

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COMMON POSITION AMENDMENTS


OF THE COUNCIL BY PARLIAMENT

(Amendment 1)
Recital 7

(7) Member States should take the necessary measures to ensure (7) Member States should ensure that the last holder and/or
that the last holder and/or owner can deliver the end-of-life owner can deliver the end-of-life vehicle to an authorised treat-
vehicle to an authorised treatment facility without any cost as ment facility without any cost as a result of the vehicle having
a result of the vehicle having no or a negative market value; no or a negative market value; Member States should ensure
Member States should ensure that producers meet all, or a sig- that producers meet all, or a significant part of, the costs of
nificant part of, the costs of the implementation of these mea- the implementation of these measures; the normal functioning
sures; the normal functioning of market forces should not be of market forces should not be hindered;
hindered;

(Amendment 2)
Recital 8

(8) This Directive should cover vehicles and end-of-life vehi- (8) This Directive should cover vehicles and end-of-life vehi-
cles, including their components and materials, without preju- cles, including their components and materials, as well as
dice to safety standards, air emissions and noise control; spare parts and accessories, without prejudice to safety stan-
dards, air emissions and noise control;

(Amendment 3)
Recital 9

(9) This Directive should be understood as having borrowed, (9) This Directive should be understood as having borrowed,
where appropriate, the terminology used by several existing where appropriate, the terminology used by several existing
directives, namely Council Directive 67/548/EEC of 27 June directives, namely Council Directive 67/548/EEC of 27 June
1967 on the approximation of laws, regulations and adminis- 1967 on the approximation of laws, regulations and adminis-
trative provisions relating to the classification, packaging and trative provisions relating to the classification, packaging and
labelling of dangerous substances, Council Directive 70/156/ labelling of dangerous substances, Council Directive 70/156/
EEC of 6 February 1970 on the approximation of the laws of EEC of 6 February 1970 on the approximation of the laws of
the Member States relating to the type-approval of motor vehi- the Member States relating to the type-approval of motor vehi-
cles and their trailers, and Council Directive 75/442/EEC of cles and their trailers, and Council Directive 75/442/EEC of
15 July 1975 on waste; 15 July 1975 on waste; consequently, historic vehicles and
vehicles of value to collectors are not covered by the defi-
nition of waste laid down by Directive 75/442/EEC and do
not therefore fall within the scope of this Directive;

(Amendment 4)
Recital 10

(10) It is important that preventive measures be applied from (10) It is important that preventive measures be applied from
the conception phase of the vehicle onwards and take the the conception phase of the vehicle onwards and take the
form, in particular, of reduction and control of hazardous sub- form, in particular, of reduction and control of hazardous sub-
stances in vehicles, in order to prevent their release into the stances in vehicles, in order to prevent their release into the
environment, to facilitate recycling and to avoid the disposal environment, to facilitate recycling and to avoid the disposal
of hazardous waste; in particular the use of lead, mercury, cad- of hazardous waste; certain materials and components
mium and hexavalent chromium should be prohibited; these should neither become shredder residues nor be inciner-
heavy metals should only be used in certain applications ated and may not be disposed of in waste dumps; in par-
according to a list which will be regularly reviewed; ticular the use of lead, mercury, cadmium and hexavalent chro-
mium should be prohibited; these heavy metals should only be
used in certain applications according to a list which will be
regularly reviewed;
C 309/64 Official Journal of the European Communities EN 27.10.2000

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COMMON POSITION AMENDMENTS


OF THE COUNCIL BY PARLIAMENT

(Amendment 5)
Recital 22

(22) In order to facilitate the dismantling and recycling of end- (22) In order to facilitate the dismantling and recovery of
of-life vehicles, vehicle manufacturers should provide treatment end-of-life vehicles, vehicle manufacturers should provide
facilities with dismantling manuals; authorised treatment facilities with all requisite dismantling
information, in particular for hazardous substances; vehi-
cle manufacturers and material producers should use com-
mon component and material coding standards; in addi-
tion, the preparation of European standards, where
appropriate, should be promoted;

(Amendment 6)
Recital 27a (new)

(27a) The measures necessary for the implementation of


this Directive should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (1);

(1) OJ L 184, 17.7.1999, p. 23.

(Amendment 7)
Article 2(1a) (new)

(1a) ‘vintage vehicle’ means any historic vehicle or vehi-


cle of value to collectors kept in a proper and envir-
onmentally sound manner, either ready for use or
stripped into parts;

(Amendment 8)
Article 2 (12a) (new)

(12a) ‘dismantling information’ means all information


required for the correct and environmentally sound
treatment of end-of-life vehicles. It shall be made
available to treatment facilities by vehicle manufac-
turers and component producers in the form of man-
uals or by means of electronic media (eg. CD-ROM,
on-line services).

(Amendment 9)
Article 3(1)

1. This Directive shall cover vehicles and end-of-life vehicles, 1. This Directive shall cover vehicles and end-of-life vehicles,
including their components and materials. including their components and materials. This shall apply
irrespective of how the vehicle has been serviced or
repaired during use and irrespective of whether it is
equipped with components supplied by the producer or
with other components whose fitting as spare parts or
27.10.2000 EN Official Journal of the European Communities C 309/65

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COMMON POSITION AMENDMENTS


OF THE COUNCIL BY PARLIAMENT

accessories accords with the appropriate Community pro-


visions or domestic provisions.
Vehicles intended for museums or designated ‘vintage
vehicles’ shall not be covered by this Directive.

(Amendment 10)
Article 3(3a) (new)

3a. Special-purpose vehicles as defined in the second


indent of Article 4(1)(a) of Directive 70/156/EEC shall be
excluded from the provisions of Article 7 of this Direc-
tive.

(Amendment 11)
Article 4(2)(−a) (new)

(−a) Member States shall ensure that as from 1 July 2001


mercury contained in vehicles is prevented from
being shredded in vehicle shredders, disposed of in
waste dumps or incinerated or co-incinerated, with
or without energy recovery, in appropriate installa-
tions.
Member States shall ensure that as from 1 July 2001
the lead, cadmium and hexavalent chromium con-
tained in vehicles is as far as possible not disposed of
in waste dumps, subject to the requisite technical pro-
gress.

(Amendment 12)
Article 4(2)(a)

(a) Member States shall ensure that materials and components (a) Member States shall ensure that materials and components
of vehicles put on the market after … (*) do not contain lead, of vehicles type-approved after 2005 do not contain lead,
mercury, cadmium and hexavalent chromium other than in mercury, cadmium or hexavalent chromium other than in
cases listed in Annex II under the conditions specified cases listed in Annex II under the conditions specified
therein; therein;

(*) 18 months after the date of entry into force of this Directive.

(Amendment 13)
Article 4(2)(b)(iv a) (new)

(iv a) set a threshold for lead and hexavalent chromium


above which point (a) shall apply.

(Amendment 14)
Article 5(1), 1st indent

 that economic operators set up systems for the collection  that economic operators set up systems for the collection
of all end-of-life vehicles, of all end-of-life vehicles and of used parts removed
when passenger cars are repaired;
C 309/66 Official Journal of the European Communities EN 27.10.2000

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COMMON POSITION AMENDMENTS


OF THE COUNCIL BY PARLIAMENT

(Amendment 15)
Article 5(3), 1st subparagraph

3. Member States shall set up a system according to which 3. Member States shall set up a system according to which
the presentation of a certificate of destruction is a condition for the presentation of a certificate of destruction is a condition for
deregistration of the end-of-life vehicle. This certificate shall be deregistration of the end-of-life vehicle. This certificate shall be
issued to the holder and/or owner when the end-of-life vehicle issued to the holder and/or owner when the end-of-life vehicle
is transferred to a treatment facility. Treatment facilities which is transferred to a treatment facility, collection point or pro-
have obtained a permit in accordance with Article 6 shall be ducer. Only treatment facilities, collection points and pro-
permitted to issue a certificate of destruction. Member States ducers which have obtained a permit in accordance with Ar-
may permit producers, dealers and collectors on behalf of an ticle 6 shall be permitted to issue a certificate of destruction.
authorised treatment facility to issue certificates of destruction Member States may permit producers, dealers and collectors
provided that they guarantee that the end-of-life vehicle is to issue certificates of destruction provided that they guarantee
transferred to an authorised treatment facility. that the end-of-life vehicle is transferred to an authorised treat-
ment facility. A certificate of destruction shall not be
required for temporary deregistration.

(Amendment 17)
Article 5(4) 1st subparagraph

4. Member States shall take the necessary measures to 4. Member States shall take the necessary measures to
ensure that the delivery of the vehicle to an authorised treat- ensure that the delivery of the vehicle to an authorised treat-
ment facility in accordance with paragraph 3 occurs without ment facility in accordance with paragraph 3 occurs without
any cost for the last holder and/or owner as a result of the any direct or indirect cost to the last holder and/or owner
vehicle’s having no or a negative market value. as a result of the vehicle’s having no or a negative market
value.

(Amendment 45/rev. 2)
Article 5(4) 2nd subparagraph

Member States shall take the necessary measures to ensure that Member States shall take the necessary measures to ensure that
producers meet all, or a significant part of, the costs of the for vehicles registered after … (*) producers meet all, or a
implementation of this measure and/or take back end-of-life vehi- significant part of, the costs of the implementation of this mea-
cles under the same conditions as referred to in the first subparagraph. sure.

(*) 18 months after the entry into force of this Directive.

(Amendment 19)
Article 5(4) 4th subparagraph a (new)

The Commission shall submit to the European Parliament


and the Council at three-year intervals a report on any
distortions of competition between or within Member
States, particularly describing changes in the structure of
motor vehicle dealing and of the collection, dismantling,
shredding, recovery and recycling industries, the first
report to be submitted two years after the entry into
force of this Directive.
27.10.2000 EN Official Journal of the European Communities C 309/67

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COMMON POSITION AMENDMENTS


OF THE COUNCIL BY PARLIAMENT

(Amendment 20)
Article 6(2) subparagraph −1 (new)

2. Member States shall take the necessary measures to


ensure that undertakings which collect end-of-life vehicles,
even if they do not carry out treatment operations (collec-
tion points), are registered with the competent authori-
ties.

(Amendment 21)
Article 6(5)

5. Member States may encourage establishments or under- 5. Member States shall encourage establishments or under-
takings which carry out treatment operations to introduce cer- takings which carry out treatment operations to introduce cer-
tified environmental management systems. tified environmental management systems.

(Amendment 22)
Article 7(1)

1. Member States shall take the necessary measures to 1. Member States shall take the necessary measures to
encourage the re-use of components which are suitable for re- encourage the re-use of components which are suitable for re-
use, the recovery of components which cannot be re-used and use, the recovery of components which cannot be re-used and
the giving of preference to recycling when environmentally the giving of preference to recycling when environmentally
viable, without prejudice to safety requirements. viable, without prejudice to requirements regarding the
safety of vehicles and environmental requirements, parti-
cularly those relating to exhaust gases and noise.

Component producers shall make available to authorised


recovery facilities the requisite information concerning
dismantling, storage and testing of components which
can be re-used.

(Amendment 23)
Article 7(1a) (new)

1a. Before the entry into force of this Directive, the


Commission shall adopt appropriate measures, in accor-
dance with the procedure laid down in Article 11,
to ensure that components from end-of-life vehicles are
re-used only on condition that they do not give rise to
any safety or environmental hazards.

(Amendments 40 and 47)


Article 7(4)

4. In order to prepare an amendment to Directive 70/156/ 4. In order to prepare an amendment to Directive 70/156/
EEC, the Commission shall promote the preparation of Euro- EEC, the Commission shall promote the preparation of Euro-
pean standards relating to the ability to be dismantled, recover- pean standards relating to the ability to be dismantled, recover-
ability and recyclability of vehicles. Once the standards are ability and recyclability of vehicles. Once the standards are
agreed, but in any case no later than by the end of 2001, the agreed, but in any case no later than by the end of 2001, the
European Parliament and the Council, on the basis of a propo- European Parliament and the Council, on the basis of a propo-
sal from the Commission, shall amend Directive 70/156/EEC so sal from the Commission, shall amend Directive 70/156/EEC so
that vehicles type-approved in accordance with that directive that vehicles type-approved in accordance with that directive
and put on the market after three years after the amendment of and put on the market on or after 1 January 2005 are
C 309/68 Official Journal of the European Communities EN 27.10.2000

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COMMON POSITION AMENDMENTS


OF THE COUNCIL BY PARLIAMENT

the Directive 70/156/EEC are reusable and/or recyclable to a reusable and/or recyclable to a minimum of 85 % by weight
minimum of 85 % by weight per vehicle and are reusable and/ per vehicle and are reusable and/or recoverable to a minimum
or recoverable to a minimum of 95 % per weight per vehicle. of 95 % by weight per vehicle.

(Amendment 24)
Article 8, title

Coding standards/dismantling manuals Coding standards/dismantling information

(Amendment 25)
Article 8(3)

3. Member States shall take the necessary measures to 3. Member States shall take the necessary measures to
ensure that producers provide dismantling manuals for each ensure that producers provide dismantling information for
type of new vehicle put on the market within six months each type of new vehicle put on the market within six months
after the vehicle is put on the market. These manuals shall iden- after the vehicle is put on the market. This information shall
tify, as far as it is needed by treatment facilities in order to identify, as far as it is needed by treatment facilities in order to
comply with the provisions of this directive, the different vehi- comply with the provisions of this directive, the different vehi-
cle components and materials, and the location of all hazar- cle components and materials, and the location of all hazar-
dous substances in the vehicles, in particular with a view to dous substances in the vehicles, in particular with a view to
the achievement of the objectives laid down in Article 7. the achievement of the objectives laid down in Article 7.

(Amendment 26)
Article 11, introduction

The Commission, assisted by the committee established by The Commission shall be assisted by a regulatory committee
Article 18 of Directive 75/442/EEC, and according to the pro- as referred to in Article 5 of Decision 1999/468/EC.
cedure laid down therein, shall adopt: Article 8 of that Decision shall apply.

The period referred to in Article 5(6) of the Decision shall


be three months.

The European Parliament shall be informed by the Com-


mission of committee proceedings on a regular basis, pur-
suant to Article 7(4) of the Decision. The principles and
conditions for public access to documents applicable to
the Commission shall apply to the committee.

The Commission, according to the procedure laid down


herein, shall adopt:

(Amendment 27)
Article 12(2), 1st indent

 as from 1 January 2001 for vehicles put on the market as  as from … (*) for vehicles first put on the market as from
from this date; this date;

(*) 18 months after the entry into force of this Directive.


27.10.2000 EN Official Journal of the European Communities C 309/69

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COMMON POSITION AMENDMENTS


OF THE COUNCIL BY PARLIAMENT

(Amendment 28)
Article 12(3)

In Annex II, point 11, a maximum value of 5g per vehicle may Deleted
apply until … (*).

(*) 30 months after the entry into force of this Directive.

(Amendment 29)
Annex I(3), 2nd indent

 removal or neutralisation of potential explosive components  neutralisation of potentially explosive components


(e.g. airbags), (e.g. airbags),

(Amendment 30)
Annex I(3), 3rd indent a (new)

( removal of all components containing mercury.

(Amendment 31)
Annex I(4), 3rd indent

 removal of tyres and large plastic components (bumpers,  removal of tyres and large plastic components (bumpers,
dashboard, fluid containers, etc.), dashboard, fluid containers, etc.) if these materials are
not segregated in the shredding process,

(Amendments 32 and 48)


Annex II, table

Common position of the Council

To be labelled
or made identifiable
Materials and components
in accordance with
Article 4(2)(b)(iv)

Lead as an alloying element


1. Steel containing up to 0,3 % lead by weight
2. Aluminium containing up to 0,4 % lead by weight
3. Window levers and wheel rims containing up to 4 % lead by weight X
4. Copper alloy containing up to 4 % lead by weight
Lead as a metal in components
5. Batteries X
6. Coating inside petrol tanks X
7. Vibration dampers X
8. Vulcanising agent for high pressure or fuel hoses
9. Stabiliser in protective paints
10. Solder in electronic circuit boards and other applications
Hexavalent chromium
11. Corrosion preventative coating on numerous key vehicle components (maximum 2 g per vehicle)
Mercury
12. Bulbs X
C 309/70 Official Journal of the European Communities EN 27.10.2000

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COMMON POSITION AMENDMENTS


OF THE COUNCIL BY PARLIAMENT

Amendments by Parliament

To be labelled
or made identifiable
Materials and components
in accordance with
Article 4(2)(b)(iv)

Lead as an alloying element


1. Steel (including galvanised steel) containing up to 0,35 % lead by weight
2. Aluminium containing up to 0,4 % lead by weight
3. Aluminium (in wheel rims, engine parts and window levers) containing up to 4 % lead by weight X
4. Copper alloy containing up to 4 % lead by weight
4a. Lead/bronze bearing-shells and bushes
Lead and lead compounds in components
5. Batteries within the meaning of Directive 91/157/EEC (1) X
6. Coating inside petrol tanks X
7. Vibration dampers X
8. Vulcanising agent for high pressure or fuel hoses
9. Stabiliser in protective paints
10. Solder in electronic circuit boards and other applications
10a. Balance weights, with a protective coating giving at least 10 years corrosion protection X
10b. Electrical components which contain lead in a glass or ceramics matrix compound (maximum:
1 g per vehicle).
Hexavalent chromium
11. Corrosion preventative coating on numerous key vehicle components (maximum 2 g per vehicle)
Mercury
12. Bulbs and lighting elements X
Cadmium
12a. Batteries within the meaning of Directive 91/157/EEC (1) X
(1) OJ L 78, 26.3.1991, p. 38.

7. Cross-border services: posting of third-country nationals ***I

A5-0007/2000

Proposal for a European Parliament and Council directive on the posting of workers who are
third-country nationals for the provision of cross-border services (COM(1999) 3 ( C4-0095/1999
( 1999/0012(COD))

The proposal was amended as follows:

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION (1) BY PARLIAMENT

(Amendment 1)
Entire text

(Throughout the text, replace the term ‘EC service provision card’ with
the term ‘EU service provision card’.)

(1) OJ C 67, 10.3.1999, p. 12.

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