Memorandum submitted by the British Vehicle
Salvage Federation (E3)
The British Vehicle Salvage Federation is grateful
for the invitation to comment on the preparations made for the
implementation of the End of Life Vehicles Directive and its subsequent
transposition into national law.
It is of considerable concern to the vehicle
salvage companies, members of this Federation, who represent over
85% of the vehicle salvage business in the UK, that there have
been prolonged delays in the preparation and introduction of the
ELV Regulations 2003 and there is still a lack of clarity on their
operation. The ELV Regulations are still not complete in that
they do not transpose into UK law, all of the provisions of Directive
2000/53/EC of the European Parliament in many important respects,
such as recycling targets and Authorised Treatment Facility (ATF)
network covers.
As you are aware, the Directive should have
been implemented in all EC Members States by 21 April 2002. The
Directive was published in the Official Journal of the EC on 21
October 2000. Its draft provisions were known for some time beforehand
and there were two years after its publication before its implementation
date. We accept that it has been necessary to conduct detailed
consultations with the industries which will be affected by the
new legislation, and these have been prolonged with certain aspects
still unresolved. However, the delay in implementing the legislation
in the UK and the lack of clear guidance on its operation, has
caused considerable indecisiveness and stalling of investment
by many companies.
The BVSF fully supports the environmental aims
of the ELVD and with other interested parties, has attended numerous
meetings with the DTi, DEFRA, EA and DVLA to assist in its correct,
smooth and sensible introduction. Regrettably however, after many
months there is still a lack of clarity on certain aspects, instructions
as to the requirements and the way in which to comply.
It appears to the BVSF that there is confusion
and possibly disagreement between the various Government Departments
involved, which has resulted in similar confusion for salvage
companies as to what to do and how to comply with the new legislation.
We are aware of the same developments taking place in Northern
Ireland where, in our view, there has been total clarity on what
is required and the way forward. We question why that position
has not been possible here?
Whilst we appreciate that Government wishes
to avoid a repetition of the Fridge fiasco and has extensively
consulted as a result, it is our view that the delays, lack of
clear advice and instructions, has prevented companies from moving
forward on investment in appropriate premises, equipment and other
facilities to meet the new requirements. This is likely to mean
insufficient capacity to deal with ELVs according to the new legislation
and therefore a worse situation than the fridge problem.
It is understood that one of the problems has
been the lack of legal capacity within DEFRA to undertake the
drafting work connected with their parts of the new legislation.
We would level no criticism at the DEFRA officials with whom we
have held discussions because they have been most helpful but
clearly some strengthening of the legal capacity of that Department
appears necessary.
We are also seriously concerned as to whether
the Environment Agency will have sufficient resources to operate
the new permitting requirements for ATFs and be able to police
the system. We have no confidence in this respect from our discussions
and would respectfully suggest this aspect be fully investigated
and remedied otherwise it could well result in unlawful activities
and lead to more pollution contrary to the environmental aims
of the new legislation.
On related questions we are still awaiting advice
from DEFRA/EA on the planned Hazardous Waste Regulations. These
have been promised for some time. It is still not clear precisely
when an ELV becomes hazardous. Similarly, we are still awaiting
instructions regarding Planning Consents as there will be need
for urgent decisions to be taken on premises to be developed and/or
acquired to enable companies to meet the new requirements. The
absence of advice and instructions to local authorities in this
respect is essential if the new legislation is to work properly.
Finally we are anxiously awaiting Regulatory
Guidance notes from DEFRA on ELV Permitting which are the subject
of ongoing discussions between the Department and the Environment
Agency. Now that the ELV Regulations have been passed by Parliament
for implementation commencing 3 November 2003 and new permits
for companies wishing to comply are to be completed by 1 February
2004, vehicle salvage companies and dismantlers require these
notes as a matter of urgency. Enquiries are constantly being received
from our members in this respect but we are unable to provide
the required information until the final notes are issued by DEFRA.
It is hoped that these comments are helpful
to the Select Committee. If so required, the BVSF would be pleased
to provide oral evidence to the Committee on request.
Alan Greenouff,
Chairman
October 2003
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