Producer responsibility for take back of elvs
- who is responsible and who pays?
As readers may know, EGARA during 2005 had several interventions and discussions about how Producer Responsibility, as outlined in the Directive, should be understood.
Our feeling is clearly that, according to the directive, the “rules” (with my bolding) are:
- Member States shall take the necessary measures to ensure that producers meet all, or a significant part of, the costs of the implementation of this measure and/or take back end-of life vehicles free of charge for the last owner/keeper.
Therefore as we see it, there are two possibilities, which could co-exist, a view which is supported by the Commission in its interpretation document:
- The producers establish their own “free take back network” of authorised facilities
- The owner/keeper can deliver his elv to any authorised facility and if there should be costs involved in the treatment of the elv according to the directive, then the producers would have to cover these costs.
Now, in 2006, solutions according to possibility 1 are underway. Producers have in a number of countries established or are the process of establishing such network, by signing contracts with ATFs, and as we can see it, all of them on the condition that the ATFs should guarantee to do this, at zero costs for the producers until 2015. A number of ATFs have signed such contracts in various countries.
Possibility 2 is also seen in some countries – but here there are also evidence that, it may even be allowed to charge the last owner! The logic behind this is, that if the producers have a reasonable dense network – say that an ATFs is within a distance of 50 km – then the last owner can go to a network node – but if he prefers to go “just around the corner to the nearest ATF”, then he could do so – but he should be prepared to pay for it!
In EGARA we do not believe that this is according to the “philosophy” of the Directive, and we will of course closely monitor what is happening, and if necessary bring the issue to legal interpretation.
We are also of the opinion that a guarantee for an ATF accepting elvs at zero costs until 2015, business wise is a dangerous solution. When, as now, scrap metal prices are high, then it may be possible – but what would happen if the market prices drop? And where is the point where it becomes a loss for an ATF?
So here we are back again with the “old” question: How much does it cost to treat an elv according to the rules and does an elv contain enough value to cover the costs?
Producers say: “Yes – always” – We say: “Perhaps – but none can guarantee it!”
In last years discussions between GM-Europe and us, there was a clear difference concerning how much time it takes to treat an elv. Following a constructive dialogue between us, it became evident, that we on our side had more work-items than GM counted for, e.g. things like: Checking ownership, writing CODs, reporting to authorities etc – all work items we have to do undertake according to the rules. But does such work-items fall under producer responsibility? – And it is fair that producers should pay for this? Or do we really have a situation where some work falls under producer responsibility – some under authority responsibility? Evidently “yes” – according to the Commission’s legal service, whom EGARA contacted on this.
So here we are! After several years of discussion, we are still left with the main questions – and more have been added:
- What does it cost to treat an elv according to the rules?
- How do you calculate/estimate the market value of an elv?
- If the elv has no or a negative market value, who will then pay us for our work?
- Will it be possible to get authorities to pay their share of the costs? – and how, then?
- Will it be allowed to charge the last owner/keeper – if you are not in a producer’s network?
And all of these questions should be answered and adequate mechanisms should be in place before 01.01.2007! And to find the answers – dialogue is necessary between us, producers and authorities.
EGARA will keep its eyes open and closely follow what happens – and wants a constructive dialogue opened. But if this should fail, we will of course, if necessary, make interventions to the Commission and national law makers!
EGARA on the Irish Situation
Together with our colleagues in the IMVRA in Ireland, we have carefully studied the draft for the Irish legislation concerning elvs. As you may know it aims at concentration at relatively few reception places, and despite the act that our colleagues at IMVRA have been extremely cooperative with the department and the producers in SIMI, it looks as if the departmertn did not really listen. As I se it, one of the few positive things I se in the Irish draft is that, it is stipulated:
Where an end-of-life vehicle is deposited for appropriate treatment and recovery at an authorised treatment facility in a producer’s national system for the collection of specified vehicles, of that producer’s brand or for which that producer has responsibility, which that producer anticipates will become end-of-life vehicles in the State, and that end-of-life vehicle has no or a negative market value, that producer shall be responsible for meeting the costs incurred by the authorised treatment facility in carrying out the appropriate treatment and recovery of that end-of-life vehicle.
This- in my eyes clearly means that it is a natural consequence of the (draft) Irish legislation in that it will be necessary to:
- define the market value of an elv
- define the cost for treatment etc. according to the Directive/Irish transposition
This is exactly what we wish – and if this happens, it may have an impact on the British legislation.
This has ben told the Irish department and we have of course informed the Commission in DG-Environment of our position and will, if necessary make a formal complaint.
More countries to join EGARA
Our Estonian colleagues who have been at EGARA-meetings as guest in the past two years, have now made a formal application to join EGARA and our colleagues in Lithuania are working on the subject and will probably make a formal application.
Recently, the Hungarian association GOE has been I contact concerning joining EGARA, and the secretary will have consultations with them in the beginning of April in Budapest.
Discussions on International Cooperation continue – In Las Vegas 16.-17.03.2006
A discussion concerning cooperation between Associations of Automotive Recyclers world-wide was initiated during the EGARA-meeting in Brussels November 2006, where representatives from ARA, ARC –Canada and JARA- Japan were present.
Based on the idea that many of the problems we face in the different parts of the world are similar and even in some cases solutions are found in one country that could be implemented as well in other countries exist, and with a structured effort we could benefit from each others knowledge and competencies.
In order to progress the international cooperation further, a meeting took place in Las Vegas 16.-17.03.2006, where Automotive recycling association executives representing 31 countries discussed issues of mutual concern, and to determine a timetable and follow up meetings to continue their efforts to link automotive recycling associations, their interests, issues, knowledge and talents around the world.
Key points of discussion centred around issues for international consideration, air bag use and reuse, salvage acquisition, centralizing and codifying parts coding, licensing, certification, safety training, providing input to auto manufacturers to design automobiles with the understanding that vehicles will be recycled and need to be designed to allow auto recyclers to remove all the hazardous fluids that are contained in automobiles, improving the industry’s public image and raising the awareness of governments and the public as to the valuable service, environmental stewardship, and positive economic impact responsible automotive recycling has.
The next steps in this effort will be the initiation of an international electronic newsletter between ARA- US; ARC-Canada, APRAA-Australia, JARA-Japan and EGARA – a short information pointer to be on the websites giving mainly short summaries with links to more detailed information about what’s happening in the world on the above subjects.
So far, we are keeping this at the information exchange level between the secretaries of the associations, but it s planned to hold an International meeting next spring – for all automotive recyclers in the world – probably in Japan, April 2005.