Source: US Global Legal Monitor
(Sept. 30, 2020) Italy in September adopted a measure on end-of-life vehicles (vehicles that are no longer in use and thus constitute waste) that will bring the country’s domestic law in line with EU directives. Legislative Decree No. 119 of September 3, 2020 (L.D. No. 119), effective September 27, 2020, implements EU Directive 849 of 2018, which had amended EU Directive No. 53 of 2000 on end-of-life vehicles.
The Decree provides that all vehicles destined to be transported to an authorized recycling center must be accompanied with documents showing the authorization for their transport and destruction issued by a representative of the car manufacturing company, the recycling entity’s manager, or the respective car dealer. Car manufacturers must establish a website with the procedures for the collection of vehicles to be recycled. A single, national electronic registry for end-of-life vehicles will be established at the data processing center of the Ministry of Infrastructure and Transportation’s General Directorate for Motorization. (L.D. No. 119 art. 1(f), (h)(1), (q).)
Those who collect, transport, or treat end-of-life vehicles and related components must communicate annually to the Ministry of the Environment and the Protection of the Territory and the Sea data on such vehicles and materials, including data relating to the materials, products, and components obtained for reuse, recycling, and recovery, using the single environmental declaration form established in the law. Vehicle manufacturers must ensure compliance with the best environmental performance and efficiency standards, and authorized collection centers must maintain the required certifications showing compliance with such standards. (L.D. No. 119 art. 1(gg), (p)(1).)
Only vehicles without leaks of liquids or gases and whose components for subsequent safety are intact may be deposited in uncovered and paved areas. (L.D. No. 119 art. 1(z).)
Vehicle manufacturing associations and companies that collect end-of-life vehicles, including those that carry out energy recovery or use nonmetallic materials and components as a secondary solid fuel, may execute a program agreement with the Ministry of the Environment, valid for three years, for the implementation of their transference and recycling systems. The legislation also sets forth measures aimed at ensuring the traceability of vehicles at collection centers. (L.D. No. 119 art. 1(aa), (pp)(3).)
Failure to comply with the reporting obligations or incomplete compliance is sanctioned with administrative fines ranging from €3,000 to €18,000 (about US$3,500 to $21,000), in addition to the suspension of the respective authorization if the required declarations are not submitted. (L.D. No. 119 art. 1(ll).)
Each calendar year the Ministry of the Environment must send an electronic report to the European Commission containing data on the implementation of the concerned EU directives. (L.D. No. 119 art. 1(ee).)