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ELV Directive is transposed into Estonian legislation through: Producer of motor vehicle is a person who regardless of the method of sale manufactures motor vehicles or imports them into Estonia on the professional basis. Producer is not a person who finances under or pursuant to any finance agreement unless person also acts as a producer. Product of concern is a product the waste resulting from which causes or may cause health or environmental hazards, environmental nuisances or excessive pollution of environment. Products of concern are batteries and accumulators, motor vehicles and their parts, tyres and electrical and electronical equipments (EEE) and their parts. Motor vehicle means a four-wheeled power-driven vehicle as defined in the Traffic Act or a three-wheeled motor vehicle except a motor tricycle. Regulation of Government No 79 specifies that is any vehicle designated as category M1, N1, L2e. Place to the market: according to Estonian law product is placed to the Estonian market if that product is made available for the first time for the purpose of distribution or putting it into service (made available for the third parties). Putting it into service means an activity which involves the use of product for the first time for its intended purpose. If product is brought for example from China or USA then the product is placed to the market after that when all procedures related with Customs are done (filled declarations etc.) and it is possible to start to sell or use it. If product is just in bonded warehouse then that product is not placed to the market yet. Collection of ELV Producers have also obligation to collect and treat all ELV resulting from vehicles placed to the market before 1st January 2005 (so called "historical waste"). Costs of such waste shall be divided between these producers who are in market now in proportion to their market share. The collecting and take back must be organized so that there is a collection site in every county (Estonia has 15 counties) (it is a minimum requirement). Waste handler or producer must give to the holder and/or owner a certificate of destruction when the end-of-life vehicle is transferred to the collection site or treatment facility and end-user demands it. Certificate of destruction is submitted to the Traffic Register for deregistration of vehicle electronically (certificate has to be entered in the register directly to the web database). Producers must provide dismantling information for each type of new vehicle placed to the market within six months after the vehicle is placed to the market.
Restrictions for motor vehicles and their parts All exemptions are provided in the Regulation of Minister of Environment No. 30, 09.05.2011. Registration There is 2 ways to submit application: There is no fee for registration and any other annual fee. For registration producer must besides introducing data what kind of brands (s)he represents give affirmation about guarantee and affirmation that products do not contain certain restricted hazardous substances (according to article 4 (2) of ELV Directive), description of information campaigns (for users of vehicles and tyres) and waste management plan in which (s)he describes how (s)he collects ELVs or spare parts and onward handles waste. Producer must also report amounts how much motor vehicles and their parts (s)he manufactures, imports and/or place to the Estonian market. Data needs to be introduced quarterly. Producer also has to introduce every year waste report (it has to be introduced quarterly). In Register can only register these producers who have registered in Estonian Central Commercial Register. When producer are located permanently outside Estonia, (s)he cannot register directly in Register. Such producer has 3 options: Such solution solves the problem where we have to guarantee to foreign producers possibility to register and in the same time it forecloses necessity in case of infringement to turn to Court of that state where that producer is located. If producer from outside Estonia (for example in Greece) do not fulfil some of his/her obligations (proportionally with his/her market share) then that Estonian producer who has some claims (for example financial) does not need to go to the Court of other Member State where that producer is located. And other reason is that our enforcement authorities can not supervise these producers who have responsibilities in Estonia, but they are located in other location outside Estonia. All the data in Register are public according to Public Information Act. It means data are attainable with restrictions for everyone in form of request for information. For example, it is not possible to get an information about market shares, guarantees and contracts and any other information containing commercial secret. Public are general data about amounts placed to the market and waste handling (summary of all data reported by all producers), description of information campaigns and waste management plans (except parts which contain commercial secret). In Estonia, there is no Clearing House System. Producers have to divide the costs themselves and communicate with each other. For example if someone has collected more ELVs than (s)he placed to the market then it means that someone collected less than his/her market share is. And that producer who collected more presents a bill for payment to that one that collected less. If they do not get an agreement then the Court solves the problem. Requirements for treatment facilities and collection sites Most of Estonian dismantling facilities are small ones. One of them (AS Kuusakoski) have shredder.
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* Links of Estonian legislation regarding to waste management (in Estonian) * Waste Act (in Estonian) |
