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Consultation paper on the implementation of Article 6 - Authorised Treatment Facilities

13. EXEMPTIONS/"DEROGATIONS"

13.1 There may be some facilities that only carry out recovery operations after ELVs have been de-polluted, and the Directive envisages that these may be exempted from obtaining a permit (‘derogated’ in the terms of the ELVD) under Article 11 of the Framework Directive. Some sites may also find it convenient to operate with a combination of a permit for areas where treatment is carried out before de-pollution, and with an exemption for areas handling de-polluted vehicles.

13.2 Government intends to make use of this exemption in appropriate circumstances. Article 6(2) of the Directive contains the relevant provisions.

13.3 There are, however, some different requirements in the ELVD relating specifically to exemptions in the context of ELVs. Article 6(2) requires that a site will require inspection by the relevant Agency before an exemption is registered (rather than an inspection afterwards as applies at present for registered exemptions). There must also be an inspection of the exempted site once each year. In order to comply with the objectives of the ELVD, the inspection must verify:

• the type and quantities of waste to be treated
• the general technical requirements to be complied with
• the safety precautions to be taken.

13.4 This means that operators who wish to handle de-polluted ELVs, even if they already hold a registered exemption, must apply to the relevant Agency for registration under the terms of the ELVD, and their site inspected before they can register it for that purpose.

13.5 Exemptions under Article 11 of the WFD are provided on the basis of general rules with which the operator must comply. The conditions of the general rules apply to the extent that they are relevant. We propose that the general rules for operators wanting to obtain a derogation from the permit requirement will be modelled as far as appropriate on those currently applying to holders of registered exemptions under the Waste Management Licensing (Amendment) Regulations 1995.

13.6 Member States utilising the exemption from permitting provided in the ELVD are required to send the results to the Commission.

Views are invited on the proposed use of the exemption provisions

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