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PA_Legam
22.4.2026
SHORT JUSTIFICATION
Mr Pierfrancesco Maran
The rapporteur welcomes the Commission’s proposal for measures to enhance circularity in the automotive industry, aimed at improving access to resources for the EU economy, contributing to the EU’s environmental and climate goals, strengthening the single market and helping to address the challenges linked to the transformation of the automotive industry.
Chair
A mainstay of the European economy, the automotive sector is currently undergoing a transformation of unprecedented speed and magnitude, and this is having a considerable impact on its global competitiveness and the retention of future-proof jobs in the European Union. Regulatory requirements should therefore avoid unnecessary red tape and help the sector stay competitive as it evolves.
Committee on the Environment, Climate and Food Safety
Against this background, the rapporteur takes the view that various provisions could be made clearer, in order to strike a fair balance between the urgent need to support global competitiveness, improving circularity, and ensuring the sector contributes to the EU’s environmental and climate goals and to a more robust single market.
BRUSSELS
The proposed amendments focus on the following areas:
Ms Anna Cavazzini
1) Cutting red tape/simplification
Chair
Simplification, better aligned deadlines and avoiding unnecessary red tape and double regulation help make requirements manageable for the sector and facilitate implementation. What is more, simplification is listed in the Competitiveness Compass as one of five key enablers. Since this proposal was presented before the Compass was published, it needs adapting accordingly.
Committee on the Internal Market and Consumer Protection (IMCO)
2) Boosting the competitiveness of the automotive sector
BRUSSELS
In principle, requirements concerning the use of recycled materials are to be welcomed, but they should be endowed with the requisite flexibility.
Subject: Opinion on the legal basis of the circularity requirements for vehicle design and on management of end-of-life vehicles, amending Regulations (EU) 2018/858 and 2019/1020 and repealing Directives 2000/53/EC and 2005/64/EC (COM(2023)0451 – C90308/2023 – 2023/0284(COD))
A number of adjustments have been made to bolster the key area of the rehabilitation of parts. Improved definitions and requirements should make it easier to distinguish between scrap and reusable parts, thereby also consolidating remanufacturing as a cornerstone of circularity.
Dear Chairs,
In the context of the strategic dialogue on the future of the European steel sector, this sector, which is crucial for the automotive industry, will also be better embedded in the overall approach.
By letter of 14 January 2026, you requested the Committee on Legal Affairs (JURI), pursuant to Rule 41(2) of the Rules of Procedure, to provide an opinion on the appropriateness of the amended legal basis of the proposal for a Regulation of the European Parliament and of the Council on circularity requirements for vehicle design and on management of end-of-life vehicles 2023/0284 (COD) (the “proposal”).
3) Adapting the scope to include motorcycles
JURI considered the above question at its meeting of 15-16 April 2026.
The manufacturing industry is in favour of including motorcycles within the scope and welcomes the move, also with a view to uniform national rules and competitiveness between the sectors. Small series and pedelecs have been made exempt, as in the existing proposal.
I - Background
AMENDMENTs
ENVI jointly with IMCO are in inter-institutional negotiations on the proposal. The aim of the proposal is to facilitate the transition of the automotive sector to the circular economy, at all stages of the vehicle - from design to final treatment at end-of-life (end-of-life vehicles, thereafter ELVs).
The Committee on Transport and Tourism submits the following to the Committee on the Environment, Climate and Food Safety and the Committee on the Internal Market and Consumer Protection, as the committees responsible:
The proposal is based on Article 114 TFEU. In the report adopted on 7 July 2025 in joint committee procedure under Rule 59, ENVI and IMCO did not amend the Commission’s choice of legal basis. The mandate adopted in plenary on 9 September 2025 also left it unchanged. In its General Approach, the Council adds Article 192(1) TFEU as the legal basis for Chapters IV and V of the proposal concerning the management of ELVs and used vehicles and their export. The Council argues this change reflects the dual purpose of the proposal, i.e. to improve the functioning of the internal market, on one hand, and to protect the environment, on the other.
Amendment 1
During inter-institutional negotiations on 11 December 2025, the change of legal basis has provisionally been agreed by the co-legislators. In view of the above and pursuant to Article 41 of the Rules of Procedure, ENVI and IMCO requested JURI, as the committee responsible for legal affairs, to provide an opinion on the appropriateness of adding Article 192(1) as a second legal basis.
Proposal for a regulation
II - The relevant Treaty Articles
Recital 19
Chapter IV of Title VII of Part Three of the Treaty on the Functioning of the European Union, on “Approximation of laws” reads (emphasis added):
Text proposed by the Commission
Article 114
Amendment
(ex Article 95 TEC)
(19) In view of the low recycling rate for plastics, especially from end-of-life vehicles, and the overall negative impacts of other forms of treatment of plastic waste, it is appropriate to increase the uptake of recycled plastics in vehicles. To this end, a mandatory target for plastic recycled from post-consumer waste should be included in new vehicles. Accordingly, each vehicle type should contain twenty-five percent of plastic recycled from post-consumer plastic waste. Twenty-five percent of this recycled content target for plastics should be achieved by including plastics recycled from end-of-life vehicles in the vehicle type concerned. In order to ensure uniform conditions for the implementation this obligation, implementing powers should be conferred on the Commission to establish methodology for the calculation and verification of the share of plastics recovered from post-consumer waste, and from end-of-life vehicles respectively, present in and incorporated into the vehicle type.
1. Save where otherwise provided in the Treaties, the following provisions shall apply for the achievement of the objectives set out in Article 26. The European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, adopt the measures for the approximation of the provisions laid down by law, regulation or administrative action in Member States which have as their object the establishment and functioning of the internal market.
(19) In view of the low recycling rate for plastics, especially from end-of-life vehicles, and the overall negative impacts of other forms of treatment of plastic waste, it is appropriate to increase the uptake of recycled plastics in vehicles. To this end, a mandatory target for plastic recycled from pre- and post-consumer waste should be included in new vehicles. Accordingly, each vehicle type should contain twenty percent of plastic recycled from pre- and post-consumer plastic waste, including biobased plastic. Fifteen percent of this recycled content target for plastics should be achieved by including plastics recycled from end-of-life vehicles in the vehicle type concerned. In order to ensure uniform conditions for the implementation this obligation, implementing powers should be conferred on the Commission to establish methodology for the calculation and verification of the share of plastics recovered from pre- and post-consumer waste, and from end-of-life vehicles respectively, present in and incorporated into the vehicle type.
[…]
Or. en
4. If, after the adoption of a harmonisation measure by the European Parliament and the Council, by the Council or by the Commission, a Member State deems it necessary to maintain national provisions on grounds of major needs referred to in Article 36, or relating to the protection of the environment or the working environment, it shall notify the Commission of these provisions as well as the grounds for maintaining them.
Amendment 2
5. Moreover, without prejudice to paragraph 4, if, after the adoption of a harmonisation measure by the European Parliament and the Council, by the Council or by the Commission, a Member State deems it necessary to introduce national provisions based on new scientific evidence relating to the protection of the environment or the working environment on grounds of a problem specific to that Member State arising after the adoption of the harmonisation measure, it shall notify the Commission of the envisaged provisions as well as the grounds for introducing them.
Proposal for a regulation
6. The Commission shall, within six months of the notifications as referred to in paragraphs 4 and 5, approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between Member States and whether or not they shall constitute an obstacle to the functioning of the internal market.
Recital 20
In the absence of a decision by the Commission within this period the national provisions referred to in paragraphs 4 and 5 shall be deemed to have been approved.
Text proposed by the Commission
When justified by the complexity of the matter and in the absence of danger for human health, the Commission may notify the Member State concerned that the period referred to in this paragraph may be extended for a further period of up to six months.
Amendment
[…]
(20) The automotive sector is one of the biggest users of steel and the current uptake of recycled steel in new vehicles remains low. In order to contribute to lowering the carbon footprint linked to the production of new vehicles and support the move of the automotive industry towards climate neutrality, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of establishing a minimum share of steel recycled from post-consumer steel waste to be present and incorporated into vehicle types. The establishment of a future target should be preceded by a dedicated study by the Commission covering all relevant technical, environmental and economic factors linked to the feasibility of such target. In order to ensure uniform conditions for the implementation this obligation, implementing powers should be conferred on the Commission to establish methodology for the calculation and verification of the share of steel recovered from post-consumer steel waste present in and incorporated into the vehicle type.
Title XX of Part Three of the Treaty on the Functioning of the European Union, on “Environment” reads (emphasis added):
(20) The automotive sector is one of the biggest users of steel and the current uptake of recycled steel in new vehicles remains low. In order to contribute to lowering the carbon footprint linked to the production of new vehicles and support the move of the automotive industry towards climate neutrality, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of establishing a minimum share of steel recycled from pre- and post-consumer ferrous scrap, including flat and long carbon steel and stainless-steel product families, to be present and incorporated into vehicle types. The establishment of a future target should be preceded by a dedicated study by the Commission covering all relevant technical, environmental and economic factors linked to the feasibility of such target, taking into account the impact on steel using sectors other than automotive and global GHG emissions. Delegating powers should be conferred on the Commission to establish methodology for the calculation and verification of the share of steel recovered from pre- and post-consumer ferrous scrap present in and incorporated into the vehicle type.
Article 192
Or. en
(ex Article 175 TEC)
Justification
1. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions, shall decide what action is to be taken by the Union in order to achieve the objectives referred to in Article 191.
Any possible future target needs to take into account the global market situation as well as the impact on sectors others than the automotive sector.
[...]
Amendment 3
Article 193
Proposal for a regulation
(ex Article 176 TEC)
Recital 22
The protective measures adopted pursuant to Article 192 shall not prevent any Member State from maintaining or introducing more stringent protective measures. Such measures must be compatible with the Treaties. They shall be notified to the Commission.
Text proposed by the Commission
III – CJEU case law on the choice of legal basis
Amendment
The Court of Justice has traditionally viewed the question of the appropriate legal basis as an issue of constitutional significance, guaranteeing compliance with the principle of conferred powers (Article 5 TEU) and determining the nature and scope of the Union’s competence.
(22) In order to boost the underdeveloped markets for secondary raw materials, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of establishing a minimum share of establishing a minimum share of aluminium and its alloys, magnesium and its alloys, neodymium, dysprosium, praseodymium, terbium, samarium or boron recycled from post-consumer waste that shall be present in and incorporated into the vehicles types. In order to ensure uniform conditions for the implementation this obligation, implementing powers should be conferred on the Commission to establish methodology for the calculation and verification of the shares of the materials recycled from post-consumer waste in vehicle types. The methodology is necessary to clarify the definitions of post-consumer scrap and pre-consumer scrap. This is relevant to incentivise the improvement of quality and the retainment of value, in particular for post-consumer fractions. In order to promote decarbonisation via the use of more recycled content, clear definitions are necessary to incentivise the recycling of post-consumer scrap, while minimising the use of pre-consumer scrap, which usually carries the same carbon footprint as the primary raw material.
According to well-established case law, the legal basis of a Union act does not depend on an institution's conviction as to the objective pursued, but must be determined according to objective criteria amenable to judicial review, including in particular the aim and the content of the measure.
(22) In order to boost the underdeveloped markets for secondary raw materials, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of establishing a minimum share of establishing a minimum share of aluminium and its alloys, magnesium and its alloys, neodymium, dysprosium, praseodymium, terbium, samarium or boron recycled from pre- and post-consumer waste that shall be present in and incorporated into the vehicles types. In order to ensure uniform conditions for the implementation this obligation, implementing powers should be conferred on the Commission to establish methodology for the calculation and verification of the shares of the materials recycled from pre- and post-consumer waste in vehicle types. The methodology is necessary to clarify the definitions of post-consumer scrap and pre-consumer scrap. This is relevant to incentivise the improvement of quality and the retainment of value, in particular for post-consumer fractions. In order to promote decarbonisation via the use of more recycled content, clear definitions are necessary to incentivise the recycling of pre- and post-consumer scrap, while adequately reflecting the use of pre-consumer scrap and its function in steelmaking.
If examination of a measure reveals that it pursues a twofold purpose or that it has a twofold component and if one of those is identifiable as the main or predominant purpose or component, whereas the other is merely incidental, that measure must be based on a single legal basis, namely that required by the main or predominant purpose or component. Only exceptionally, if it is established that the act simultaneously pursues a number of objectives, inextricably linked, without one being secondary and indirect in relation to the other, may such an act be founded on the various corresponding legal bases. This would however only be possible if the procedures laid down for the respective legal bases are not incompatible with and do not undermine the right of the European Parliament.
Or. en
IV – Aim and content of the proposed Regulation
Amendment 4
Pursuant to its Article 1, the proposal “lays down circularity requirements on vehicle design and production related to reusability, recyclability and recoverability and the use of recycled content, which are to be verified at type-approval of vehicles, and on information and labelling requirements on parts, components and materials in vehicles. It also lays down requirements on extended producer responsibility, collection and treatment of end-of-life vehicles, as well as on the export of used vehicles from the Union to third countries”.
Proposal for a regulation
The proposal repeals and replaces Directives 2005/64/EC and 2000/53/EC. Directive 2005/64/EC concerns the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability. It was adopted on the internal market legal basis (Article 95 TEC, which corresponds to the current Article 114 TFEU). Directive 2000/53/EC relates to, among others, reuse, recycling and other forms of recovery of end-of life vehicles and their components. It was adopted on the environmental legal basis (Article 175(1) TEC, which corresponds to the current Article 192(1) TFEU).
Recital 26
Thus, the proposal integrates elements from both directives, joining together internal market and environment-oriented considerations. Accordingly, Chapters II and III set out circularity requirements concerning vehicle design and information and labelling requirements for manufacturers, thus corresponding to the internal market dimension. On the other hand, Chapter IV deals with management of end-of-life vehicles, thus corresponding to the environmental dimension (waste management elements). In a similar vein, the new provision on the transfer of vehicles within the Union (now Article 37 at the beginning of Chapter V) aims at ensuring that what is subject to transfers is used vehicles rather than end-of-life vehicles.
Text proposed by the Commission
It is thus admitted that the proposal, in the form agreed in the provisional agreement between co-legislators, pursues two main aims that appear as equally important: one concerning the harmonisation of the internal market in respect of circularity requirements concerning vehicle design and information and labelling requirements for manufacturers; the other one concerning the protection of the environment by means of rules on the management of end-of-life vehicles.
Amendment
V – Analysis
(26) In order to ensure that manufacturers of passenger cars and light commercial vehicles put in place actions to ensure that they meet the circularity requirements under this Regulation, and to incentivise them to improve the circularity of the vehicle types they place on the market, they should draw up a comprehensive circularity strategy for each new type and provide it to the type-approval authority. This strategy should be based on proven technologies, which are available or in development at the time of applying for the vehicle type approval and be periodically updated. The Commission should regularly report on the circularity of the automotive sector based on the circularity strategies provided by the manufacturers. In order to take account of technical and scientific progress in vehicle manufacturing and management of end-of-life vehicles, market developments in the automotive sector and regulatory changes, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the annex containing requirements on the content of circularity strategy and the updates thereto.
As stated in Point III of this note, the case law requires that, for a Union act to be based on a multiple legal basis, the different aims and the components referring to the different legal bases must be equally important and must be linked to each other in an indissociable manner. Furthermore, the different legal bases must be procedurally compatible.
(26) In order to ensure that manufacturers of passenger cars and light commercial vehicles put in place actions to ensure that they meet the circularity requirements under this Regulation, and to incentivise them to improve the circularity of the vehicle types they place on the market, they should draw up a comprehensive circularity strategy and provide it to the type-approval authority. This strategy should be based on proven technologies, which are available or in development at the time of applying for the vehicle type approval and be periodically updated. The requirement to draw up this strategy should not lead to any duplication with other obligations such as the developing a circularity vehicle passport or sustainability reporting. The Commission should regularly report on the circularity of the automotive sector based on the circularity strategies provided by the manufacturers.
In that regard, the analysis of the Legal Service points out the fact that Article 193 TFEU (which applies in respect of acts adopted on the basis of Article 192 TFEU), on the one side, and Article 114(4) and (5) TFEU, on the other, both allow Member States to deviate from a harmonising Union measure. However, the conditions set out in these two Treaty provisions allowing for such national provisions are different.
Or. en
Article 193 TFEU provides that “the protective measures adopted pursuant to Article 192 shall not prevent any Member State from maintaining or introducing more stringent protective measures. Such measures must be compatible with the Treaties. They shall be notified to the Commission”.
Amendment 5
Article 193 TFEU clearly states its scope and imposes two conditions for its application. On the one hand, it is applicable only with reference to measures that have Article 192 TFEU as their legal basis. On the other hand, it only allows for more stringent national measures that are (a) compatible with the Treaty, and (b) notified to the Commission.
Proposal for a regulation
The condition (a) means that the national measures can go beyond Union legislation adopted on the basis of Article 192 TFEU, but they must respect other Treaty provisions, like the prohibition of discrimination on grounds of nationality, the principle of proportionality, or the prohibition of measures of equivalent effect to quantitative restrictions on imports.
Recital 28
Pursuant to Article 114(5) TFEU, a Member State, in order to be authorised by the Commission in accordance with Article 114(6) to introduce more stringent measures, must comply with a number of requirements: i) the national provision must be based on new scientific evidence; ii) the national provision must relate to the protection of the environment or to the working environment; iii) a problem specific to the Member State that wishes to introduce the national provision must justify the measure; and iv) that problem must arise after the adoption of the harmonisation measure.
Text proposed by the Commission
Pursuant to Article 114(4), a Member State, in order to be authorised by the Commission to maintain more stringent measures, must justify that the national provision is necessary on grounds of major needs referred to in Article 36 TFEU, or relating to the protection of the environment or the working environment. Article 114(4) and (5) TFEU therefore entails material and procedural requirements which differ considerably from those set out in Article 193 TFEU.
Amendment
The Legal Service concludes that the simultaneous recourse to Articles 114 and 192(1) TFEU as legal basis for a given Union act is precluded since the conditions for adopting more stringent national measures, as applicable in the areas covered by each of those provisions, are incompatible with each other. At the same time, it is important to underline that the incompatibility between the provisions at hand does not arise from the divergent procedural conditions concerning the adoption of the Union act itself, as both Articles 114(1) and 192(1) are subject to the ordinary legislative procedure. Rather, that incompatibility is due to the legal uncertainty which would result from the concomitant application of Articles 114 and 193 TFEU in respect of the potential adoption of more stringent national measures.
(28) Access to up-to-date information and timely communication between vehicle manufacturers and waste management operators across the automotive value chain are essential to maximise reuse, remanufacturing and refurbishment of parts and components of a vehicle and to ensure high-quality recycling of end-of-life vehicles. Therefore, manufacturers should provide to waste management operators and repair and maintenance operators unrestricted, standardised and non-discriminatory access to information enabling safe removal and replacement of certain parts, components and materials present in a vehicle. The information should guide the waste management operators and repair and maintenance operators through the steps and provide clear instructions on the use of tools or technologies required to access and remove electric vehicle batteries, including the tools or technologies enabling their safe discharge, and e-drive motors. This information should also help to identify, locate and remove the parts, components and materials, that should be depolluted and removed from the vehicle prior shredding, as well as parts and components, containing the critical raw materials in permanent magnets referred to in Regulation (EU) [CRM Act]. This should be done through communication platforms established by manufacturers and the information should be provided free of charge, excluding administrative costs. The type-approval authorities should verify that the required information has been submitted by the manufacturers. In order to regularly update scope of information to be provided by the manufacturers to the waste management operators and repair and maintenance operators, the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending Annex V.
It should be noted that, in principle, when the legal basis for a legislative act is determined, such legal basis underlies the entirety of the act, and not just part of it. Therefore, choosing to base the act on a dual legal basis would mean in the present case that the Member States might take measures under Article 193 TFEU in relation to all provisions of the proposal, including for the product requirements. Such an approach could potentially undermine the internal market rationale behind the proposal.
(28) Access to up-to-date information and timely communication between vehicle manufacturers, dismantlers, remanufacturers and waste management operators across the automotive value chain are essential to maximise reuse, remanufacturing and refurbishment of parts and components of a vehicle and to ensure high-quality recycling of end-of-life vehicles. Therefore, manufacturers should provide dismantlers, remanufacturers, waste management operators and repair and maintenance operators unrestricted, standardised and non-discriminatory access to information referred to in paragraph (66) of the Commission’s Supplementary guidelines on vertical restraints in agreements for the sale and repair of motor vehicles and for the distribution of spare parts for motor vehicles1a enabling safe removal and replacement of certain parts, components and materials present in a vehicle. The information should guide the waste management operators and repair and maintenance operators through the steps and provide clear instructions on the use of tools or technologies required to access and remove electric vehicle batteries and their constituent elements , including the tools or technologies enabling their safe discharge, and e-drive motors. This information should also help to identify, locate and remove the parts, components and materials, that should be depolluted and removed from the vehicle prior shredding, as well as parts and components, containing the critical raw materials in permanent magnets referred to in Regulation (EU) 2024/1252. This should be done through communication platforms established by manufacturers and the information should be provided free of charge, excluding non-prohibitive administrative costs. The type-approval authorities should verify that the required information has been submitted by the manufacturers. In order to regularly update scope of information to be provided by the manufacturers to the waste management operators and repair and maintenance operators, the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending Annex V.
It is for that reason that the Union legislator may be led to make use of the legislative technique called “saucissonnage”. That means, in practice, that the legislator creates “compartments” within the legislative act, by specifying in the citations which article of the act is based on which legal basis respectively. In such a situation, the question of incompatibility of the respective legal bases described above cannot logically be raised.
_________________
In the present case, the text as politically agreed specifies in its citations the provisions that justify the use of Article 192(1) TFEU as an additional legal basis, i.e. Chapter IV (Articles 14-36) and the new Article 37 on the transfer of ownership of used vehicles within the Union. As a consequence, it is only in respect of those provisions that Member States should be entitled to introduce more protective measures in accordance with Article 193 TFEU. By contrast, in respect of all other measures in the proposal, which are thus adopted pursuant to Article 114 TFEU, Articles 114(4) and (5) would apply in full.
1a OJ C 138, 28.5.2010, p. 16.
Two further comments have been raised by the Legal Service in this respect.
Or. en
First, the legislative technique called saucissonage does not seem to be fully consistent with the criteria set by the Court of Justice for choosing a dual (or multiple) legal basis, namely that the act must have different aims and components, all of equal importance and linked to each other in an indissociable manner. In fact, by identifying the provisions of the act covered by each of the legal bases relied on, such method makes those provisions and the aim they pursue distinct and dissociable from the other provisions of the act. As a result, a dual legal basis would not be justified.
Amendment 6
Having said that, so far, the Court of Justice has not had the occasion to express itself on the use of the technique of saucissonnage, and its potential impact on the validity of the act in which it is used. There is thus no conclusive legal argument against that technique.
Proposal for a regulation
Second, it is also relevant to recall that such technique has already been used by the legislator of the Union in a series of acts adopted on the basis of Articles 114 TFEU (previously 95 TEC) and 192 TFEU (previously 175 TEC). Therefore, a number of comparable precedents already exist.
Recital 35
VI – Conclusion and recommendation
Text proposed by the Commission
At its meeting of 16 April 2026 the Committee on Legal Affairs decided, by nineteen votes to three with no abstentions, to recommend to the Committee on the Environment, Climate and Food Safety and the Committee on the Internal Market and Consumer Protection that the addition of Article 192(1) TFEU as second legal basis for the proposed Regulation on circularity requirements for vehicle design and on management of end-of-life vehicles appears to be acceptable inasmuch as it is specified that the provisions of Chapter IV and Article 37 are based on Article 192(1) TFEU, whilst the rest of the proposed Regulation remains based on Article 114 TFEU.
Amendment
Yours sincerely,
(35) In order to facilitate monitoring of compliance of producers with their extended producer responsibility obligations, Member States should establish a register of producers. The registration requirements should be harmonised across the Union to facilitate registration, in particular where producers make vehicles available in different Member States. The register should be also used for the purposes of reporting to competent authorities on the performance of extended producer responsibility obligations. The features and procedural aspects linked to this register should also be consistent with the register of producers established by Regulation (EU) 2023/[OP: Batteries], to enable producers of vehicles and producers of batteries to use one and the same register.
Ilhan Kyuchyuk
(35) In order to facilitate monitoring of compliance of producers with their extended producer responsibility obligations, Member States should establish a register of producers. The registration requirements should be harmonised across the Union to facilitate registration, in particular where producers make vehicles available in different Member States. The register should be also used for the purposes of reporting to competent authorities on the performance of extended producer responsibility obligations. The features and procedural aspects linked to this register should also be consistent with the register of producers established by Regulation (EU) 2023/1542, to enable producers of vehicles and producers of batteries to use one and the same register. The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of establishing a single portal which contains the links to all national registers to facilitate the registration of producers in all Member States.
Or. en
Amendment 7
Proposal for a regulation
Recital 42
Text proposed by the Commission
Amendment
(42) As vehicles often become end-of-life vehicles in a different Member State than in the Member State where they were registered for the first time, it is necessary to introduce rules on cross-border extended producer responsibility. These rules should ensure that the responsibility of the producer properly covers the collection and treatment costs incurred by the waste management operators in the Member State where the vehicle becomes an end-of-life vehicle. To this end, producer should appoint a representative for the extended producer responsibility in each Member State and set up mechanisms for cross-border cooperation with relevant waste management operators. Introducing such a mechanism contributes to creating a level playing field between the authorised treatment facilities across the Union and facilitates the development of Union wide approaches in case of individual producer responsibility.
(42) As vehicles often become end-of-life vehicles in a different Member State than in the Member State where they were registered for the first time, it is necessary to introduce rules on cross-border extended producer responsibility. These rules should ensure that the responsibility of the producer properly covers the collection and treatment costs incurred by the waste management operators in the Member State where the vehicle becomes an end-of-life vehicle, but at the same time ensuring that the producer is not paying the fee twice. . To this end, producer should appoint a representative for the extended producer responsibility in each Member State and set up mechanisms for cross-border cooperation and transfer of costs with relevant waste management operators. Introducing such a mechanism contributes to creating a level playing field between the authorised treatment facilities across the Union and facilitates the development of Union wide approaches in case of individual producer responsibility.
Or. en
Justification
Avoiding double payments.
Amendment 8
Proposal for a regulation
Recital 43
Text proposed by the Commission
Amendment
(43) In order to ensure compliance with this obligations and to avoid distortion of the single market, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of establishing further detailed rules on the obligations of the producers, Member States and waste management operators and the features of the cross-border mechanisms.
(43) In order to ensure compliance with this obligations, to avoid distortion of the single market, to provide a level playing field among economic operators and to avoid double payments for the extended producer responsibility, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of establishing further detailed rules on the obligations of the producers, Member States and waste management operators and the features of the cross-border mechanisms.
Or. en
Amendment 9
Proposal for a regulation
Recital 55
Text proposed by the Commission
Amendment
(55) In order to maximise the potential of reuse, remanufacturing and refurbishment of parts and components, and preserve a high value for the secondary materials which derive from end-of-life vehicles, certain parts and components should mandatorily be removed from an end-of-life vehicle prior to shredding. The parts and components concerned should be removed in a manual dismantling process or a semi-automated disassembly process. To stimulate progress in technologies for dismantling, sorting, shredding and post-shredding, it should be possible to deviate from the requirement on mandatory removal of parts and components in certain exceptional cases. It should be demonstrated the parts and components concerned can be removed as effectively with those technologies than as with manual or semi-automated processes and without lowering the quality of the resulting treatment fractions. In order to take into account technical and scientific progress, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending Annex VII.
(55) In order to maximise the potential of reuse, remanufacturing and refurbishment of parts and components, and preserve a high value for the secondary materials which derive from end-of-life vehicles, certain parts and components should mandatorily be removed from an end-of-life vehicle prior to shredding. The parts and components concerned should be removed in a manual dismantling process or a semi-automated disassembly process. It should be possible to deviate from the requirement on mandatory removal of parts and components in certain exceptional cases, inter alia, if there is no market demand for reuse, remanufacturing or refurbishment or if the authorised treatment facility can demonstrate that the parts and components concerned can be removed as effectively with those technologies than as with manual or semi-automated processes and without lowering the quality of the resulting treatment fractions. In order to take into account technical and scientific progress, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending Annex VII.
Or. en
Amendment 10
Proposal for a regulation
Recital 56
Text proposed by the Commission
Amendment
(56) Once the authorised treatment facilities have removed parts and components from an end-of-life vehicle, they should carefully assess and determine whether those parts and components are fit for reuse, remanufacturing or refurbishment, based on objective criteria linked to the technical features of the parts and components and requirements on vehicle safety.
(56) Once the authorised treatment facilities have removed parts and components from an end-of-life vehicle, they should carefully assess and determine whether those parts and components are fit for reuse or can be used as cores for remanufacturing or refurbishment. Such cores should contain most of the relevant parts, while the absence of minor components such as screws should be disregarded.
Or. en
Justification
Improving the availability of cores for remanufacturing.
Amendment 11
Proposal for a regulation
Recital 58
Text proposed by the Commission
Amendment
(58) Recognising the potential of remanufacturing and refurbishment in the automotive sector, and their contribution towards circular economy, it is necessary to provide legal clarity to the economic operators involved in this sector. It should therefore be clarified that parts and components removed from an end-of-life vehicle, which are suitable for reuse, remanufacturing or refurbishment, should not be considered waste. This is necessary to facilitate the shipment, transportation or any other transfer of such parts and components. The relevant national authorities should be in position to request documentation, from the authorised treatment facility that removed the part or component concerned, that confirms, via a dedicated assessment, the technical suitability of the relevant parts and components for remanufacturing, refurbishment or reuse.
(58) Recognising the potential of remanufacturing and refurbishment in the automotive sector, and their contribution towards circular economy, it is necessary to provide legal clarity to the economic operators involved in this sector. It should therefore be clarified that cores removed during the use phase of vehicles or in their end of life, which are suitable for reuse, remanufacturing or refurbishment, should not be considered waste. This is necessary to facilitate the shipment, transportation or any other transfer of such cores. The relevant national authorities should be in position to request documentation, from the authorised treatment facility that removed the core concerned, that confirms, via a dedicated assessment, the technical suitability of the relevant parts and components for remanufacturing, refurbishment or reuse.
Or. en
Justification
Cores from end of life and used vehicles should not be considered waste.
Amendment 12
Proposal for a regulation
Recital 68
Text proposed by the Commission
Amendment
(68) In order to ensure that end-of-life vehicles are treated in an environmentally sustainable manner, it is important to establish clarity on a vehicle’s status throughout its entire life, particularly in situations when there is a need for distinguishing used vehicles from end-of-life vehicles. A vehicle owner that intends to transfer the ownership of a used vehicle, should in particular be required to demonstrate that the vehicle is not an end-of-life vehicle. To assess the status of a used vehicle, the vehicle owner, other economic operators and competent authorities should verify if certain criteria determining whether or not the vehicle concerned is an end-of-life vehicle are met. In order to take into account technical and scientific progress, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending Annex I determining the criteria on when a vehicle is end-of-life vehicle.
(68) In order to ensure that end-of-life vehicles are treated in an environmentally sustainable manner, it is important to establish clarity on a vehicle’s status throughout its entire life, particularly in situations when there is a need for distinguishing used vehicles from end-of-life vehicles. A vehicle owner that intends to transfer the ownership of a used vehicle should indicate, upon request, if the vehicle is not an end-of-life vehicle.
Or. en
Amendment 13
Proposal for a regulation
Recital 95
Text proposed by the Commission
Amendment
(95) The application of all provisions concerning vehicle of categories L3e-L7e, M2, M3, N2, N3 and O should be deferred in order to provide sufficient time for operators to comply with the new requirements. This is particularly important with respect to permits for authorised treatment facilities that are capable of conducting depollution and further treatment of such vehicles.
(95) The application of all provisions concerning vehicle of categories L, M2, M3, N2, N3 and O should be deferred in order to provide sufficient time for operators to comply with the new requirements. This is particularly important with respect to permits for authorised treatment facilities that are capable of conducting depollution and further treatment of such vehicles.
Or. en
Justification
Technical amendment to include motorbikes.
Amendment 14
Proposal for a regulation
Article 2 – paragraph 1 – point c
Text proposed by the Commission
Amendment
(c) from [OP: Please insert the date = the first day of the month following 60 months after the date of entry into force of this Regulation] to vehicles and end-of-life vehicles and of categories L3e, L4e, L5e, L6e and L7e as set out in Article 4(2), points (c) to (g), of Regulation (EU) 168/2013.
(c) from [OP: Please insert the date = the first day of the month following 60 months after the date of entry into force of this Regulation] to vehicles and end-of-life vehicles and of L categories as set out in Article 4(2), points (c) to (g), of Regulation (EU) 168/2013.
Or. en
Justification
Technical amendment to include motorbikes
Amendment 15
Proposal for a regulation
Article 2 – paragraph 2 – point d
Text proposed by the Commission
Amendment
(d) vehicles of historical interest as defined in Article 3, point (7), of Directive 2014/45/EU.
(d) vehicles of historical interest as defined in Article 3, point (7), of Directive 2014/45/EU and all their parts and components and spare parts necessary for their maintenance activities to ensure their historical status.
Or. en
Amendment 16
Proposal for a regulation
Article 2 – paragraph 2 – point d a (new)
Text proposed by the Commission
Amendment
(da) vehicles of L1e-category designed to pedal;
Or. en
Justification
This exemption is to ensure that the extension of scope to motorcycles does not cover pedelecs or speed-pedelecs.
Amendment 17
Proposal for a regulation
Article 2 – paragraph 2 – point d b (new)
Text proposed by the Commission
Amendment
(db) two- or three-wheel vehicles and quadricycles of small series referred to in Art 42 of Regulation (EU)168/2013;
Or. en
Justification
Following the suggestion to include motorcycles in the scope, exemption should be granted to small series in line with a respective provision for cars.
Amendment 18
Proposal for a regulation
Article 2 – paragraph 4 – introductory part
Text proposed by the Commission
Amendment
4. Notwithstanding paragraph 1, point (c), the following provisions shall not apply to vehicles and end-of-life vehicles of categories L3e, L4e, L5e, L6e and L7e:
4. Notwithstanding paragraph 1, point (c), the following provisions shall not apply to vehicles and end-of-life vehicles of category L:
Or. en
Justification
Technical amendment to coherence regarding the inclusion of motorcycles in the scope.
Amendment 19
Proposal for a regulation
Article 2 – paragraph 6 – introductory part
Text proposed by the Commission
Amendment
6. Notwithstanding paragraph 1, points (b) and (c), Articles 16, 19, 20, 27 and 46 to 49 shall apply to vehicles and end-of-life vehicles of categories L3, L4, L5, L6 L7, M2, M3, N2, N3 and O with the following modifications:
6. Notwithstanding paragraph 1, points (b) and (c), Articles 16, 19, 20, 27 and 46 to 49 shall apply to vehicles and end-of-life vehicles of categories L, M2, M3, N2, N3 and O and to other parts of a vehicle that have been type-approved in multi-stage type approval of category N1, N2, N3, M2 or M3 than the base vehicle with the following modifications:
Or. en
Justification
Technical amendment to include motorcycles in the scope. Furthermore, inclusion of the bodywork, as it is part of the vehicle and reaches the end of its life cycle together with the chassis.
Amendment 20
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Text proposed by the Commission
Amendment
(9) ‘plastic’ means a polymer within the meaning of Article 3, point (5), of Regulation (EC) No 1907/2006, to which additives or other substances may have been added;
(9) ‘plastic’ means a polymer within the meaning of Article 3, point (2) and (3) of of Regulation (EU) No 10/2011, to which additives or other substances may have been added;
Or. en
Amendment 21
Proposal for a regulation
Article 3 – paragraph 1 – point 9 a (new)
Text proposed by the Commission
Amendment
(9a) ‘biobased plastics’ means plastics made from biological resources, such as biomass, feedstock, organic waste or by-products, and irrespective of whether the plastics are biodegradable or not;
Or. en
Amendment 22
Proposal for a regulation
Article 3 – paragraph 1 – point 28
Text proposed by the Commission
Amendment
(28) ‘remanufacturing’ means an operation in which a new part or component is manufactured from parts and components that are either removed from vehicles or end-of-life vehicles and in which at least one change is made to the part or component that affects its safety, performance, purpose or type;
(28) ‘remanufacturing’ means a standardised operation in which a new part or component is manufactured from parts and components that are either removed from vehicles or end-of-life vehicles and in which at least one change is made to the part or component that affects its safety, performance, purpose or type; the process is in line with specific technical specifications, including engineering, quality and testing standards, and yields fully warranted products;
Or. en
Justification
The definition of remanufacturing should adequately reflect existing standardized industrial processes.
Amendment 23
Proposal for a regulation
Article 3 – paragraph 1 – point 28 a (new)
Text proposed by the Commission
Amendment
(28a) ‘remanufacturer’ is a person or legal entity that undertakes the remanufacturing process, which is an operation in which a new part or component is manufactured from parts and components that are either removed from vehicles or end-of-life vehicles and in which at least one change is made to the part or component that affects its safety, performance, purpose or type;
Or. en
Amendment 24
Proposal for a regulation
Article 3 – paragraph 1 – point 28 b (new)
Text proposed by the Commission
Amendment
(28b) ‘core product or part’ or ‘core’ means a previously sold, worn or non-functional (used) product or part, intended for the remanufacturing process; during reverse logistics, a core is protected, handled and identified for remanufacturing to avoid damage and to preserve its value; a core is not waste or scrap and is not intended to be reused before remanufacturing and is removed from vehicles either during their lifetime or at end-of-life;
Or. en
Amendment 25
Proposal for a regulation
Article 3 – paragraph 1 – point 35
Text proposed by the Commission
Amendment
(35) ‘economic operators’ means producers, collectors, vehicle insurance companies, suppliers, repair and maintenance operators, waste management operators and any other operators involved in design of vehicles, trade in used vehicles, or management of end-of-life vehicles.
(35) ‘economic operators’ means producers, collectors, dismantlers, recyclers, vehicle insurance companies, suppliers, repair and maintenance operators, waste management operators and any other operators involved in design of vehicles, trade in used vehicles, or management of end-of-life vehicles, and its parts, components, core product or part and materials;
Or. en
Amendment 26
Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)
Text proposed by the Commission
Amendment
(35a) ‘registration’ means a registration as defined in Article 2, point (b), of Directive 1999/37/EC; for vehicles falling under categories L1 and L2, if not subject to administrative registration under Directive 1999/37/EC in a given Member State, 'registration' means the recording of vehicles in a system that enables their identification, including at the point of placing on the market, during use, or at end-of-life, for the purposes of ensuring compliance with this Regulation;
Or. en
Justification
Technical amendment in the context of extending the scope to motorcycles due to differences in the registration of vehicles that fall into that category.
Amendment 27
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
1. Each vehicle belonging to a vehicle type that is type-approved as of [OP: Please insert the date = the first day of the month following 72 months after the date of entry into force of this Regulation] under Regulation (EU) 2018/858 shall be constructed so that it is:
1. Each vehicle belonging to a new vehicle type that is type-approved as of [OP: Please insert the date = the first day of the month following 72 months after the date of entry into force of this Regulation] under Regulation (EU) 2018/858 shall be constructed so that it is:
Or. en
Amendment 28
Proposal for a regulation
Article 4 – paragraph 2 – point c
Text proposed by the Commission
Amendment
(c) verify the correctness and completeness of the information received from suppliers;
(c) check adequately the information received from suppliers;
Or. en
Justification
To abstain from unrealistic expectations towards manufacturers and unnecessary bureaucratic burden, it is proposed to use the wording used in Annex IV of Directive 2005/64/EC;
Amendment 29
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Text proposed by the Commission
Amendment
The Commission shall, by [OP: please enter the date = the last day of the month following 35 months after the date of entry into force of this Regulation], adopt an implementing act establishing a new methodology for calculation and verification of the rates of reusability, recyclability and recoverability of a vehicle, taking into account the elements set out in Annex II.
The Commission shall, by [OP: please enter the date = the last day of the month following 35 months after the date of entry into force of this Regulation], adopt an implementing act establishing a methodology for calculation and verification of the rates of reusability, recyclability and recoverability of a vehicle, taking into account the elements set out in Annex II, as well as the guidelines established in United Nations Regulation No. 133 concerning the approval of motor vehicles with respect to their reusability, recyclability, and recoverability in alignment with ISO 22628:2002, the Commission shall, if necessary, seek to ensure that the relevant UN methodology is updated accordingly to prevent any conflict with the Union methodology.
Or. en
Justification
A new methodology is not necessarily needed, but rather the update and further development of existing standards.
Amendment 30
Proposal for a regulation
Article 5 – paragraph 5
Text proposed by the Commission
Amendment
5. Upon request from the Commission, and within 12 months from the request, the European Chemicals Agency (the ‘Agency’) shall prepare a report on the technical and economic feasibility of alternatives pertaining to existing exemptions listed in Annex III and, based on such assessment, a motivated proposal for the specific amendment of the exemption.
5. Upon request from the Commission, and within 12 months from the request, the European Chemicals Agency (the ‘Agency’), in close cooperation with stakeholders including industry representatives, shall prepare a report on the technical and economic feasibility of alternatives pertaining to existing exemptions listed in Annex III and, based on such assessment, a motivated proposal for the specific amendment of the exemption.
Or. en
Justification
Ensuring appropriate involvement of relevant stakeholders.
Amendment 31
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Text proposed by the Commission
Amendment
The plastic contained in each vehicle type that is type-approved as of [OP: Please insert the date = the first day of the month following 72 months after the date of entry into force of the Regulation] under Regulation (EU) 2018/858 shall contain a minimum of 25 % of plastic recycled by weight from post-consumer plastic waste.
The plastic contained in each vehicle type that is type-approved as of [OP: Please insert the date = the first day of the month following 72 months after the date of entry into force of the Regulation] under Regulation (EU) 2018/858 shall contain a minimum of 20 % of plastic recycled content recovered, including biobased plastic, from post-consumer plastic waste and pre-consumer plastic waste attributed via chain of custody in accordance with the ISO 22095:2020 standard.
Or. en
Justification
Plastics recovered from parts and components removed during the vehicles used-phase should also count towards the target, which in addition could be verified by existing methodology, the ISO 22095 standard.
Amendment 32
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Text proposed by the Commission
Amendment
At least 25 % of the target set out in the first subparagraph shall be achieved by including plastics recycled from end-of-life vehicles in the vehicle type concerned.
At least 15 % of the target set out in the first subparagraph shall be achieved by including plastics recycled from end-of-life vehicles in the vehicle type concerned as well as pre-consumer waste from the production of that vehicle type.
Or. en
Amendment 33
Proposal for a regulation
Article 6 – paragraph 2
Text proposed by the Commission
Amendment
2. By [OP: Please insert the date = the last day of the month following 23 months after the date of entry into force of this Regulation], the Commission shall adopt an implementing act in accordance with Article 51(2) to supplement this Regulation by establishing the methodology for the calculation and verification, for the purposes of paragraph 1 of this Article, of the share of plastics recovered from post-consumer waste, and from end-of-life vehicles respectively, present in and incorporated into the vehicle type.
2. By [OP: Please insert the date = the last day of the month following 15 months after the date of entry into force of this Regulation], the Commission shall adopt an delegated act in accordance with Article 50 to supplement this Regulation by establishing the methodology for the calculation and verification, for the purposes of paragraph 1 of this Article, of the share of plastics recovered from pre- and post-consumer waste, and from end-of-life vehicles respectively, to manufacture the vehicle type which takes into account the best available recycling technology, with due consideration to the economic and environmental impact, which can include mechanical and chemical recycling.
Or. en
Amendment 34
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1
Text proposed by the Commission
Amendment
The Commission is empowered to adopt delegated acts, in accordance with Article 50, to supplement this Regulation by establishing a minimum share of steel recycled from post-consumer steel waste to be present and incorporated into vehicle types to be type-approved in accordance with this Regulation and Regulation (EU) 2018/858.
The Commission is empowered to adopt delegated acts, in accordance with Article 50, to supplement this Regulation by establishing a minimum share of steel recycled from ferrous scrap to be present and incorporated into vehicle types to be type-approved in accordance with this Regulation and Regulation (EU) 2018/858.
Or. en
Amendment 35
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2 – introductory part
Text proposed by the Commission
Amendment
The minimum share of recycled steel referred to in the first subparagraph shall be based on a feasibility study, carried out by the Commission. The study shall be finalised by [OP: Please insert the date = the last day of the month following 23 months after the date of entry into force of this Regulation], looking in particular at the following aspects:
The minimum share of recycled content of steel referred to in the first subparagraph shall be based on a feasibility study, carried out by the Commission. The study shall be finalised by [OP: Please insert the date = the last day of the month following 15 months after the date of entry into force of this Regulation], looking in particular at the following aspects:
Or. en
Justification
Recycled content refers to the content within the steel itself and not the input of scrap to the final recycling process.
Amendment 36
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2 – point a
Text proposed by the Commission
Amendment
(a) the current and forecasted availability of steel recycled from post-consumer sources of steel waste;
(a) the current and forecasted availability of pre-consumer and post-consumer ferrous scrap including flat and long carbon steel and stainless-steel product families;
Or. en
Amendment 37
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2 – point b
Text proposed by the Commission
Amendment
(b) the current share of post-consumer waste in various steel semi-products and intermediates used in vehicles;
(b) the current share of pre-consumer and post-consumer ferrous scrap in various steel semi-products and intermediates related to steel families used in vehicles and expected changes related to the transition of the automotive industry;
Or. en
Amendment 38
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2 – point c
Text proposed by the Commission
Amendment
(c) the potential uptake of post-consumer recycled steel by manufacturers in vehicles to be type-approved in the future;
(c) the potential uptake of pre-consumer and post-consumer ferrous scrap by manufacturers in vehicles to be type-approved in the future, considering the different share of each steel product family in the vehicle and associated compositional constraints of each product family;
Or. en
Amendment 39
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2 – point d
Text proposed by the Commission
Amendment
(d) the relative demand of the automotive sector in comparison to the demand for post-consumer steel waste of other sectors;
(d) the relative demand of the automotive sector in comparison to the demand for pre-consumer and post-consumer ferrous scrap of other sectors, considering compositional requirements where necessary;
Or. en
Amendment 40
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2 – point e
Text proposed by the Commission
Amendment
(e) economic viability, technical and scientific progress, including changes in the availability of recycling technologies concerning steel recycling rates;
(e) economic viability, technical and scientific progress, including changes in the availability of recycling technologies improving steel recycling rates and the existing contribution of pre-consumer scrap recycling;
Or. en
Amendment 41
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2 – point f
Text proposed by the Commission
Amendment
(f) the contribution of a minimum share of recycled content of steel in vehicles to the Union’s open strategic autonomy, climate and environmental objectives;
(f) the contribution of a minimum share of recycled content or the minimum share of low CO2 primary steel in vehicles to the Union’s open strategic autonomy, climate, environmental and industrial objectives;
Or. en
Amendment 42
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2 – point h
Text proposed by the Commission
Amendment
(h) the influence on the overall costs and competitiveness of the automotive sector.
(h) the influence on the overall costs and competitiveness of the automotive sector and its full supply and production network.
Or. en
Amendment 43
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 3
Text proposed by the Commission
Amendment
The Commission may adopt an implementing act establishing the methodology for the calculation and verification of the share of steel recycled from post-consumer steel waste present in and incorporated into vehicle types.
The Commission may adopt a delegated act establishing the methodology for the calculation and verification of the recycled content of steel from ferrous scrap, and the share of low CO2 primary iron sources present in and incorporated into vehicle types.
Or. en
Amendment 44
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 4
Text proposed by the Commission
Amendment
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 51(2).
deleted
Or. en
Amendment 45
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 – introductory part
Text proposed by the Commission
Amendment
By [OP: Please insert the date = the last day of the month following 35 months after the date of entry into force of this Regulation], the Commission shall assess the feasibility of establishing a requirement on the minimum share of:
By [OP: Please insert the date = the last day of the month following 23 months after the date of entry into force of this Regulation], the Commission shall assess the feasibility of establishing a requirement on the minimum share of:
Or. en
Justification
Alignment of time horizons for materials in order avoid competitive disadvantages.
Amendment 46
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 – point a
Text proposed by the Commission
Amendment
(a) aluminium and its alloys, magnesium and its alloys, recycled from post-consumer waste and incorporated into vehicle types; and
(a) aluminium and its alloys, magnesium and its alloys, recycled from pre- and post-consumer waste and incorporated into vehicle types; and
Or. en
Amendment 47
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 – point b
Text proposed by the Commission
Amendment
(b) neodymium, dysprosium, praseodymium, terbium, samarium or boron recycled from post-consumer waste and incorporated into permanent magnets in e-drive motors.
(b) neodymium, dysprosium, praseodymium, terbium, samarium or boron recycled from pre- and post-consumer waste and incorporated into permanent magnets in e-drive motors.
Or. en
Amendment 48
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Text proposed by the Commission
Amendment
After finalisation of the assessment referred in the first subparagraph, the Commission is empowered to adopt delegated acts, in accordance with Article 50, to supplement this Regulation by establishing a minimum share of aluminium and its alloys, magnesium and its alloys, neodymium, dysprosium, praseodymium, terbium, samarium or boron recycled from post-consumer waste that shall be present in and incorporated into the vehicles types to be type-approved under this Regulation and Regulation (EU) 2018/858.
After finalisation of the assessment referred in the first subparagraph, the Commission is empowered to adopt delegated acts, in accordance with Article 50, to supplement this Regulation by establishing a minimum share of aluminium and its alloys, magnesium and its alloys, neodymium, dysprosium, praseodymium, terbium, samarium or boron recycled from pre- and post-consumer waste that shall be present in and incorporated into the vehicles types to be type-approved under this Regulation and Regulation (EU) 2018/858.
Or. en
Amendment 49
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 4
Text proposed by the Commission
Amendment
The Commission may adopt an implementing act establishing the methodology for the calculation and verification of the share of the materials recycled from post-consumer waste in vehicle types.
The Commission may adopt a delegated act establishing the methodology for the calculation and verification of the share of the materials recycled from pre- and post-consumer waste in vehicle types.
Or. en
Amendment 50
Proposal for a regulation
Article 7 – paragraph 1
Text proposed by the Commission
Amendment
1. Each vehicle belonging to a vehicle type that is type-approved as of [OP: Please insert the date = the first day of the month following 72 months after the date of entry into force of this Regulation] shall be designed in a way which does not hinder the removal by authorised treatment facilities of the parts and components listed in Part C of Annex VII from the concerned vehicle during the waste phase of the vehicle.
1. Each vehicle belonging to a new vehicle type that is type-approved as of [OP: Please insert the date = the first day of the month following 72 months after the date of entry into force of this Regulation] shall be designed in a way which does not hinder the removal by authorised treatment facilities of the parts and components listed in Part C of Annex VII from the concerned vehicle during the waste phase of the vehicle.
Or. en
Amendment 51
Proposal for a regulation
Article 7 – paragraph 2
Text proposed by the Commission
Amendment
2. Each vehicle belonging to a vehicle type that is type-approved as of [OP: Please insert the date = the first day of the month following 72 months after the date of entry into force of this Regulation] under Regulation (EU) 2018/858 shall be designed, as regards joining, fastening and sealing elements, so as to enable, in a readily and non-destructive manner, the removal and replacement of electric vehicle batteries and e-drive motors from the vehicle by authorised treatment facilities or repair and maintenance operators during the use phase and waste phase of the vehicle.
2. Each vehicle belonging to a new vehicle type that is type-approved as of [OP: Please insert the date = the first day of the month following 72 months after the date of entry into force of this Regulation] under Regulation (EU) 2018/858 shall be designed, as regards joining, fastening and sealing elements, so as to enable, in a readily and non-destructive manner, the removal and replacement of electric vehicle batteries and e-drive motors from the vehicle by authorised treatment facilities or repair and maintenance operators during the use phase and waste phase of the vehicle.
Or. en
Amendment 52
Proposal for a regulation
Article 9 – paragraph 1
Text proposed by the Commission
Amendment
1. For each vehicle type that is type-approved under Regulation (EU) 2018/858 as of [OP: Please insert the date = the first day of the month following 36 months after the date of entry into force of this Regulation], the manufacturer shall draw up a circularity strategy.
1. Each vehicle manufacturers shall as of [OP: Please insert the date = the first day of the month following 36 months after the date of entry into force of this Regulation], draw up a circularity strategy.
Or. en
Justification
Company-wide approach to be preferred over burdensome separate strategies with redundant processes.
Amendment 53
Proposal for a regulation
Article 9 – paragraph 2
Text proposed by the Commission
Amendment
2. The circularity strategy shall describe which actions the manufacturers will take to follow-up on their obligations to ensure that the circularity requirements in Chapter II, which are verified in the type-approval procedures and which are applicable to the vehicle type concerned, are met.
2. The circularity strategy shall describe which actions the manufacturers will take to follow-up on their obligations to ensure that the circularity requirements in Chapter II.
Or. en
Amendment 54
Proposal for a regulation
Article 9 – paragraph 4
Text proposed by the Commission
Amendment
4. The manufacturer shall provide a copy of the circularity strategy to the Commission within 30 days after the type-approval for the concerned vehicle type has been granted.
4. The manufacturer shall provide a copy of the circularity strategy to the Commission every 5 years.
Or. en
Amendment 55
Proposal for a regulation
Article 9 – paragraph 5
Text proposed by the Commission
Amendment
5. The manufacturer shall monitor and follow up on the actions contained in the circularity strategy and update the strategy every five years in accordance with Part B of Annex IV. The updated circularity strategy shall be provided to the type-approval authority that issued the type-approval for the vehicle type and to the Commisssion.
5. The manufacturer shall monitor and follow up on the actions contained in the circularity strategy and update the strategy indicating the relevant new changes of the circularity strategy every 5 years.
Or. en
Amendment 56
Proposal for a regulation
Article 9 – paragraph 7
Text proposed by the Commission
Amendment
7. The Commission is empowered to adopt delegated acts in accordance with Article 50 to amend Part B of Annex IV by adapting the requirements on the content of the circularity strategy and the updates to that strategy to technical and scientific progress in vehicle manufacturing and management of end-of-life vehicles, to market developments in the automotive sector and to regulatory changes.
deleted
Or. en
Amendment 57
Proposal for a regulation
Article 9 – paragraph 8
Text proposed by the Commission
Amendment
8. By [OP: Please insert the date = the last day of the month following 83 months after the date of entry into force of this Regulation] and every six years thereafter, the Commission shall draw up and publish a report on the circularity of the automotive sector. The report shall be based in particular on circularity strategies and updates to such strategies.
8. By [OP: Please insert the date = the last day of the month following 83 months after the date of entry into force of this Regulation] and every 5 years thereafter, the Commission shall draw up and publish a report on the circularity of the automotive sector. The report shall be based in particular on circularity strategies and updates to such strategies.
Or. en
Amendment 58
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – introductory part
Text proposed by the Commission
Amendment
Manufacturers shall declare, for each vehicle type that is type-approved as of [OP: Please insert the date = the first day of the month following 36 months after the entry into force of the Regulation] under Regulation (EU) 2018/858, the respective share of recycled content of:
Manufacturers shall declare, for each new vehicle type that is type-approved as of [OP: Please insert the date = the first day of the month following 24 months after the adoption of the methodology for the calculation of recycled content present in vehicles in accordance with paragraph 1(a) under Regulation (EU) 2018/858, the respective share of recycled content of:
Or. en
Amendment 59
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point d
Text proposed by the Commission
Amendment
(d) steel.
(d) steel and its alloys.
Or. en
Amendment 60
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Text proposed by the Commission
Amendment
The declaration shall concern the recycled content of these materials present in the vehicle type and indicate, per material share, whether the material is recycled from pre-consumer waste or from post-consumer waste.
The declaration shall concern the recycled content of these materials present in the vehicle type and indicate, per material share and for parts heavier than 5 grams, whether the material is recycled from pre-consumer waste or from post-consumer waste.
Or. en
Amendment 61
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
1. From [OP: Please insert the date = the first day of the month following 36 months after the date of entry into force of this Regulation], manufacturers shall provide waste management operators and repair and maintenance operators unrestricted, standardised and non-discriminatory access to the information listed in Annex V, enabling access to, and safe removal and replacement of, the following:
1. From [OP: Please insert the date = the first day of the month following 36 months after the date of entry into force of this Regulation], manufacturers shall provide, for new vehicle types approved, waste management operators and repair and maintenance operators unrestricted, standardised and non-discriminatory access to the information listed in Annex V, enabling access to, and safe removal and replacement of, the following:
Or. en
Amendment 62
Proposal for a regulation
Article 13 – paragraph 1
Text proposed by the Commission
Amendment
1. From [OP: please insert a date = the first day of the month following 84 months after entry into force of the Regulation] each vehicle placed on the market shall have a circularity vehicle passport, which shall be aligned with and, where possible, integrated in other vehicle related environmental passports established under Union law.
1. From [OP: please insert a date = the first day of the month following 84 months after entry into force of the Regulation] each new or new type approved vehicle placed on the market shall have a circularity vehicle passport, which shall be aligned with and, where possible, interoperable with other existing vehicle related environmental passports established under Union law.
Or. en
Justification
Avoiding duplication of requirements and unnecessary burden as well as clarifying scope.
Amendment 63
Proposal for a regulation
Article 13 – paragraph 3
Text proposed by the Commission
Amendment
3. The manufacturer placing the vehicle on the market shall ensure that the information in the circular vehicle passport is accurate, complete and up to date.
3. The manufacturer placing the vehicle on the market shall ensure that the information in the circular vehicle passport is accurate, complete and up to date at the time of placement on the market.
Or. en
Justification
The manufacturer can only be responsible for the information to be accurate at the time he places the vehicle on the market.
Amendment 64
Proposal for a regulation
Article 13 – paragraph 5
Text proposed by the Commission
Amendment
5. The circularity vehicle passport of a vehicle that has become an end-of-life vehicle shall cease to exist at the earliest 6 months after the certificate of destruction for that end-of-life vehicle was issued.
5. The circularity vehicle passport of a vehicle that has become an end-of-life vehicle or legally exported from the Union shall cease to exist at the earliest 6 months after the certificate of export or destruction for that end-of-life vehicle was issued.
Or. en
Justification
Same validity of the circularity vehicle passport for end-of-live vehicles and vehicles that left the internal market via legal export.
Amendment 65
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 1 – introductory part
Text proposed by the Commission
Amendment
The Commission shall adopt implementing acts laying down rules on the following:
By ... [OP: please insert a date = the first day of the month following 76 months after entry into force of this Regulation], the Commission shall adopt implementing acts laying down rules on the following:
Or. en
Amendment 66
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 a (new)
Text proposed by the Commission
Amendment
By ... [OP: insert the date XXX months after the entry into force of this Regulation] the Commission shall establish a single portal which contains the links to all national registers, thereby facilitating the registration of producers across all Member States.
Or. en
Amendment 67
Proposal for a regulation
Article 30 – title
Text proposed by the Commission
Amendment
Mandatory removal of parts and components for reuse and recycling prior to shredding
Mandatory removal of parts and components for reuse, remanufacturing, repair, and recycling prior to shredding
Or. en
Amendment 68
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 1
Text proposed by the Commission
Amendment
Paragraph 1 shall not apply if an authorised treatment facility demonstrates, that post-shredder technologies separates materials from parts and components listed in Part C, entries 13 to19, of Annex VII, as efficiently as manual dismantling processes or semi-automated disassembly processes.
It shall not be mandatory to remove prior to shredding parts or components without a reuse, remanufacturing or refurbishing potential if an authorised treatment facility demonstrates, that post-shredder technologies separates materials from parts and components listed in Part C, entries 13 to19, of Annex VII, as efficiently as manual dismantling processes or semi-automated disassembly processes or if there is no demand for the used parts and components of these entries.
Or. en
Amendment 69
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 2
Text proposed by the Commission
Amendment
The parts and components that are fit for reuse, remanufacturing or refurbishment shall not be considered waste.
The cores from end-of-life and used vehicles that are fit for reuse, remanufacturing or refurbishment shall not be considered waste.
Or. en
Amendment 70
Proposal for a regulation
Article 31 – paragraph 2 – introductory part
Text proposed by the Commission
Amendment
2. The removed parts and components fit for reuse, remanufacturing or refurbishment shall be:
2. The parts and components fit for reuse shall be:
Or. en
Justification
In line with amendment on remanufacturing to ensure that cores are not considered waste;
Amendment 71
Proposal for a regulation
Article 37 – paragraph 1
Text proposed by the Commission
Amendment
For the purpose of transferring ownership of a used vehicle, the vehicle owner shall be able to demonstrate to any natural or legal person interested in acquiring ownership of the concerned vehicle or to the competent authorities that the vehicle is not an end-of-life vehicle. When assessing the status of a used vehicle, the vehicle owner, other economic operators and competent authorities shall verify if the criteria laid down in Annex I are met in order to determine whether it is not an end-of-life vehicle.
For the purpose of transferring ownership of a used vehicle, the vehicle owner shall be able to demonstrate, upon request, to any natural or legal person interested in acquiring ownership of the concerned vehicle or to the competent authorities if that vehicle is an end-of-life vehicle or not.
Or. en
Justification
The proposal should not put unnecessary burden in used car trades within the EU.
Amendment 72
Proposal for a regulation
Article 55 – paragraph 2 – point a
Text proposed by the Commission
Amendment
(a) the need to extend the scope of this Regulation, in particular provisions of Chapters II and III, as well as Chapter IV Section II, to vehicles of categories L3e, L4e, L5e, L6e and L7e as defined in Article 4(2), points (c) to (g), of the Regulation (EU) 168/2013 and vehicles of categories M2, M3, N2, N3 and O as defined in Article 4(1) of Regulation (EU) 2018/858;
(a) the need to extend the scope of this Regulation, in particular provisions of Chapters II and III, as well as Chapter IV Section II, to vehicles of L categories as defined in Article 4(2), points (c) to (g), of the Regulation (EU) 168/2013 and vehicles of categories M2, M3, N2, N3 and O as defined in Article 4(1) of Regulation (EU) 2018/858;
Or. en
Justification
Technical adaption in the context of broadening the scope to include motorcycles.
Amendment 73
Proposal for a regulation
Article 55 – paragraph 2 – point e a (new)
Text proposed by the Commission
Amendment
(ea) the measures relating to processes that may impact the high-quality recycling of end-of-life vehicles;
Or. en
Amendment 74
Proposal for a regulation
Article 55 – paragraph 2 – subparagraph 1 a (new)
Text proposed by the Commission
Amendment
Within [36 months from the date of entry into force of this Regulation], the Commission shall conduct an impact assessment to evaluate compliance with the targets set out in Article 6(1). That assessment shall specifically examine:
(i) the availability and suitability of plastic recycling technologies;
(ii) the sufficient supply of recycled plastic;
(iii) the quality of recycled plastic in comparison to the safety standards required; and
(iv) the technical and economic challenges in achieving the targets.
Or. en
Amendment 75
Proposal for a regulation
Article 55 – paragraph 2 – subparagraph 1 b (new)
Text proposed by the Commission
Amendment
Based on the findings of this assessment, the Commission shall be empowered to adopt delegated acts, in accordance with Article 50, to amend the targets set in Article 6(1), including the possibility of derogations regarding the scope, timeline, or minimum percentage thresholds laid down therein.
Or. en
Amendment 76
Proposal for a regulation
Annex VII – Part C – point 7
Text proposed by the Commission
Amendment
7. Windshields, rear and side windows made of glass;
deleted
Or. en
Amendment 77
Proposal for a regulation
Annex VII – Part C – point 10
Text proposed by the Commission
Amendment
10. Dashboards;
deleted
Or. en
Amendment 78
Proposal for a regulation
Annex VII – Part D – point 1 – point b – point i
Text proposed by the Commission
Amendment
(i) the part or component is complete;
(i) the part or component contains all relevant parts;
Or. en
Justification
It should be avoided that components are ruled out from being used for remanufacturing due to small defects.
Amendment 79
Proposal for a regulation
Annex VII – Part D – point 1 – point b – point iii
Text proposed by the Commission
Amendment
(iii) there is no heavy corrosion.
deleted
Or. en
Justification
Criteria should be adapted in order to rule out that parts and components are declared waste although they would qualify to be used for remanufacturing.
Amendment 80
Proposal for a regulation
Annex VII – Part D – point 2 – point b
Text proposed by the Commission
Amendment
(b) reference to the vehicle identification number (VIN) of the vehicle from which the component or part has been removed; and
deleted
Or. en
Amendment 81
Proposal for a regulation
Annex VII – Part D – point 2 – point c
Text proposed by the Commission
Amendment
(c) name, the postal address, indicating a single contact point and e-mail address, a web-address, if applicable, identifying the operator that removed the component or part.
(c) name, the postal address of dealer (or workshop), indicating a single contact point and e-mail address, a web-address, on the part label or on the packaging for parts sold in bulks, if applicable, identifying the operator that removed the component or part.
Or. en
Amendment 82
Proposal for a regulation
Annex VII – Part G – point 2
Text proposed by the Commission
Amendment
2. A report of the sample analysis on the quality and quantity of the treatment fractions (output) for a representative treatment configuration provided by an independent body.
2. A report of the quality requirements of the treatment fractions (output) for a representative treatment configuration provided by an independent body.
Or. en
Justification
Enhancing material recovery.
Annex pursuant to Article 8 of Annex I to the Rules of Procedure
ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR FOR OPINION HAS RECEIVED INPUT
Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur for the opinion declares that he received input from the following entities or persons in the preparation of the draft opinion:
Entity and/or person(1)
ACEA - European Automobile Manufacturers Association
ACEM - European Association of Motorcycle Manufacturers
ADAC - Allgemeiner Deutscher Automobilclub e.V.
BASF
BDE - Bundesverband der deutschen Entsorgungs-, Wasser- und Rohstoffwirtschaft
CLEPA - European Association of Automotive Suppliers
CONEBI - Confederation of European Bicycle Industrie ASBL
DENSO International Europe
EEB - European Environmental Bureau
EuRIC - European Recyclers Industries’ Confederation
Eurofer - The European Steel Association
EUROMETAUX
FIGIEFA - Automotive Aftermarket Distributors
FORVIA
GDV - Gesamtverband der Deutschen Versicherungswirtschaft
Glass for Europe
Honeywell Europe N.V.
Insurance Europe
International Copper Association Europe
MAN Truck and Bus S.E.
Mazda Motor Logistics Europe N.V.
Plastics Europe
Volkswagen Aktiengesellschaft
ZF Friedrichshafen AG
The list above is drawn up under the exclusive responsibility of the [rapporteur for opinion / Chair in [his/her] capacity as rapporteur for opinion].
Where natural persons are identified in the list by their name, by their function or by both, the rapporteur for the opinion declares that he has submitted to the concerned natural persons the European Parliament's Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.