ELV Directive is transposed into Estonian legislation through:
- Waste Act (definition of producer and product of concern, general obligations for producer);
- Regulation of Minister of Environment No 33, 16.06.2011 (requirements for treatment of ELV);
- Regulation of Government No 79, 17.07.2010 (specifies which vehicles belong under producer responsibility, targets for recycling and recovery and deadlines for achievement of these targets, requirements for returning ELV to the producer);
- Regulation of Minister of Government No 47, 09.09.2011 (labelling of certain parts);
- Regulation of Government No 135, 23.07.2009 (Register of Product of Concern and registration of producers);
- Regulation of Minister of Environment No 12, 16.02.2011 (registration and reporting forms for Register of Products of Concern);
- Regulation of Minister of Environment No 30, 09.05.2011 (restricted substances and exemptions);
- Regulation of Minister of Environment No 57, 22.07.2013 (information to the users and requirements for public information campaigns).
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, electrical and electronical equipments (EEE) and their parts and agricultural plastic.
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 on the market: according to Estonian law product is placed on 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 on 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 on the market yet.
Collection of ELV
By Waste Act producer is required to ensure the collection, recycling, recovery or disposal of waste resulting from products of concern placed to the market and shall have a sufficient guarantee for these obligations.
Guarantee can be:
1) participation in collective schemes,
2) recycling insurance or
3) closed bank account.
Producer must bear all costs of collection and treatment 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). Certificate of destruction is submitted to the Traffic Register for deregistration of vehicle electronically, there is no certificate on paper.Vehicle is deregistered when certificate of destruction is entered to the Traffic Register.
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.
- Producer responsibility and products of concern (in Estonian)
- Waste Act (in English)
- Regulation of Government No. 79, 17.06.2010 (in Estonian)
- Regulation of Government No 135, 23.07.2009 (in Estonian)
- Regulation of Minister of Environment No 47, 09.09.2010 (in Estonian)
- Regulation of Minister of Environment No 12, 16.02.2011 (in Estonian)
- Regulation of Minister of Environment No 30, 09.05.2011 (in Estonian)
- Regulation of Minister of Environment No 33, 16.06.2011 (in Estonian)
- Regulation of Minister of Environment No 57, 22.07.2013 (in Estonian) »
Restrictions for motor vehicles and their parts
It is prohibited to place on the market motor vehicles or their parts containing the following substances:
1) more than 0,1 per cent mercury or its compounds by weight;
2) more than 0,01 per cent cadmium or its compounds by weight;
3) more than 0,1 per cent lead or its compounds by weight;
4) more than 0,1 per cent hexavalent chromium compounds by weight.
All exemptions are provided in the Regulation of Minister of Environment No. 30, 09.05.2011.
Producer has requirement to register in Register of Product of Concern and introduce data according to the Regulation of Government No 135, 23.07.2009. Requirement to register entered into force on 13 February 2006. With the Register of Product of Concern must register all producers who place on the market EEE, motor vehicles and (their) spare parts, tyres, batteries and accumulators and/or agricultural plastic.
There is 2 ways to submit application:
1) through Internet or
2) digitally signed file via e-mail (possible only for persons having Estonian ID-card).
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 (financial) 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 waste management plan in which (s)he describes how (s)he collects ELVs or spare parts and handles waste onward. Producer must also report amounts how much motor vehicles and their parts (s)he manufactures, imports and/or place on the Estonian market. Data needs to be introduced annualy. Producer also has to introduce every year annual waste report.
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 2 options:
1) make branch office or subsidiary in Estonia or
2) appoint authorised representative.
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 Germany) 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 on 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
For treatment facilities, including collection sites are provided certain requirements. Collection site (and sites for storage) must have fence, guard for 24 h and control instruments, impermeable surfaces and spillage collection facilities and, where appropriate, decanters and cleanser-degreasers. In addition, site of treatment must have balances, storage facility for disassembled spare parts and hazardous waste, containers for storage of accumulators, filters, PCBs and PCTs containing capacitors and other hazardous waste, storage tanks for fluids and gases, storage for used tyres and other inflammable parts and equipment for the treatment of waste water. Treatment facility must have waste permit or IPPC permit and hazardous waste handling licence.
Most of Estonian dismantling facilities are small ones. One of them (AS Kuusakoski) have shredder.
List of Estonian authorized ELV dismantlers (19.01.2015)