Some time ago EGARA reported about the opportunity to sent complaints to the EC about the implementation of the Directive in national legislation. So far 9 member organisations have filed complaints and number 10 is in progress. The complaints help to the EC give insight and aim their capacity, so bad or incomplete implementations can be taken care of.
Most complaints were about the lack of parts information. The Directive states that memberstates take measures to have the producers give information for both recycling and parts reuse. Producers give some info via IDIS, but absolutely no info about parts and no memberstate has done anything so far to make producers provide any info, not for free, but not for a reasonable price also.
Other complaints refer to the situation in which ELV’s go everywhere, exept to ATF’s. This is a problem for ATF’s as they need ELV’s as input, but also the memberstate has a reporting problem as it can only report about ELV’s that are visible in a (producers) system. All ELV’s out of sight are not or poorly enforced, meaning the reporting is not a true image of the ELV recycling level in a memberstate. The EC is getting more and more aware of this.
Lastly, complaints are about national registration systems that sometimes have a voluntary character, rather than an obligatory for the keeper of a vehicle, not giving an actual overview of the carpark and whereabouts of vehicles and ELV’s. As long as last keepers can deregistrate as they wish, there’s no incentive at al to get ELV’s to ATF’s and within a monitored system.
Just to be complete in the information: Complaints can be filed by anyone. The forms can be downloaded from the EC website. It’s most likely that national dismantlers associations file complaints as they are well informed and need to serve their members, but individuals, companies and other organisations who feel their government did not a well job implementing the Directive can file a complaint just as easy.
EGARA will go on demanding the EC’s attention for European dismantlers as Europe says to want a level playingfield. ATF’s invested in their legal situation, now the EC must see that rules do not only apply to ATF’s but also to other players that are involved. Legal dismantlers can only do their job if they receive ELV’s to start with and if they can make a little profit by selling spareparts as well.