Mattie McGrath (Tipperary, Independent)
Link to this: Individually | In context | Oireachtas source

1630. To ask the Minister for Communications, Energy and Natural Resources if he will clarify that under regulations parts from end of life vehicles have to be certified by qualified mechanics in writing before they can be deemed reusable; and if he will make a statement on the matter. [24788/16]

Mattie McGrath (Tipperary, Independent)
Link to this: Individually | In context | Oireachtas source

1631. To ask the Minister for Communications, Energy and Natural Resources if second hand parts from end of life vehicles are classified as waste under law; and if he will make a statement on the matter. [24789/16]

Denis Naughten (Roscommon-Galway, Independent)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 1630 and 1631 together.

Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles aims to reduce the disposal of waste from end-of-life vehicles and lays down measures for the prevention of waste from vehicles.  It also provides for reuse, recycling and other forms of recovery of end-of-life vehicles and their components, including spare and replacement parts.  This Directive has been transposed into Irish law by the European Union (End-of-Life Vehicles) Regulations 2014.

Article 7(1) of the Directive states that Member States shall, without prejudice to requirements regarding the safety of vehicles and environmental requirements such as air emissions and noise control, take the necessary measures to encourage:

- the reuse of components which are suitable for reuse,

- the recovery of components which cannot be reused, and

- give preference to recycling when environmentally viable.

The definition of ‘reuse’ for the purposes of the End-of-Life Vehicle Directive reads as follows;

‘any operation by which components of end-of-life vehicles are used for the same purpose for which they were conceived’.

There is no obligation under the regulations for parts from End of Life Vehicles to be certified by qualified mechanics in writing before they can be deemed reusable.

Parts, however, from end-of-life vehicles that cannot be directly reused (e.g. broken, leaking, beyond repair), or parts which are stored/handled in a manner that would indicate that they are not for reuse (e.g. insufficient packaging or protection to maintain their value) may be considered waste.

The European Commission has provided general guidance on waste (2007) which states that;

“The (European) Court (of Justice) has stressed on several occasions that whether a material is a waste or not depends on the specific factual circumstances, and that therefore the decision must be taken by the competent authority on a case by case basis”.

The European Commission are currently discussing the need for a set of common spare parts criteria to be applicable across all Member States and Ireland is participating in these discussions.