Legislation in Germany

The End-of-life Vehicle Ordinance (Ordinance on the Transfer, Collection and Environmentally Sound Disposal of End-of-life Vehicles) is the legal basis for the environmentally sound disposal of end-of-life vehicles in Germany (that is the proper and safe recovery and disposal compatible with public welfare).

The End-of-life Vehicle Act (AltfahrzeugG) of 21 June 2002 (Federal Law Gazette I, p. 2199), which for the most part entered into force on 1 July 2002, transposes Directive 2000/53/EC on end-of-life vehicles (ELV Directive) into German law. Article 3 of the End-of-life Vehicle Act amended the End-of-life Vehicle Ordinance of 4 July 1997 (Federal Law Gazette I, p. 1666). In German, the name was changed from “Altauto-Verordnung" (End-of-life Car Ordinance) to “Altfahrzeug-Verordnung" (End-of-life Vehicle Ordinance) on 1 July 2002.

Key elements of the End-of-life Vehicle Ordinance:

The End-of-life Vehicle Ordinance applies to:

• vehicles used for the carriage of passengers and comprising no more than eight seats in addition to the driver’s seat (category M₁) pursuant to Annex II Section A of Directive 70/156/EEC,
• vehicles used for the carriage of goods and having a maximum weight not exceeding 3.5 tonnes (category N₁), pursuant to Annex II Section A of Directive 70/156/EEC, and
• three-wheeled motor vehicles pursuant to Directive 92/61/EEC, but excluding motor tricycles.

Anyone discarding, wishing to discard or having to discard a vehicle is obligated to transfer the vehicle only to an acceptance facility authorised in accordance with the End-of-life Vehicle Ordinance, to an authorised collection facility or an authorised dismantling facility. Acceptance and collection facilities merely collect end-of-life vehicles (ELVs) and are obligated to transfer them only to authorised dismantling facilities for the treatment itself. Dismantling facilities are obligated to transfer stripped vehicles (scrap bodies, body shells) only to an authorised shredding facility.

Operators of dismantling facilities are obligated to issue a certificate of destruction (in line with the model document of Annex 9 of the Vehicle Registration and Licensing Regulations) to the last holder without delay after receiving the ELV. By issuing this certificate of destruction, the operator guarantees that the ELV will undergo proper recovery in line with the provisions of the End-of-life Vehicle Ordinance.

In the Internet, the Joint Agency for End-of-life Vehicles (Gemeinsame Stelle Altfahrzeuge [GESA] of the Länder) publishes information on all authorised dismantling and shredding facilities as well as information on some authorised acceptance and collection facilities.

Vehicle manufacturers are generally obligated to take back any ELV of their make from the last holder. In general, manufacturers also have to take back ELVs free of charge once they have been transferred to an authorised collection facility or an authorised dismantling facility previously selected by the manufacturer for this purpose. The general obligation to take back ELVs free of charge is waived, however, if for example waste was added to the ELV or if it no longer contains essential components, in particular drivetrain, body, chassis, catalytic converter or electronic controls for vehicle functions. This means that although manufacturers are still obligated to take back the ELV in such cases, they do not have to do so free of charge.

Manufacturers are also obligated to ensure a broad network of options for ELVs to be returned. The distance between the residence of the last holder and an authorised collection facility or an authorised dismantling facility designated by the manufacturer for that purpose must be no greater than 50 kilometres.

Consequently, ELVs of a certain make are accepted by authorised collection facilities of the respective manufacturer or authorised dismantling facilities that are part of the manufacturer's network for taking back ELVs – free of charge as described above. Any other authorised facility may take back ELVs of this make as well. They may, however, charge for this service.

The obligations that apply to vehicle manufacturers equally apply to commercial importers of vehicles.

Since 2015, manufacturers, commercial importers, distributors, ELV disposal facilities and motor vehicle insurance companies already had to work together to ensure that, of the average net weight of an ELV,

• at least 85 percent would be subject to reuse or recycling and
• at least 95 percent would be subject to reuse or recovery.

These respective mandatory targets and recovery rates apply to the total volume of end-of-life vehicles in a given year and do not have to be met for each individual ELV.

The rates, applicable from 2015 on, have regularly been surpassed in Germany quite predominantly since 2006 and 2010 respectively. However, for the first time in 2019 and in 2020 and 2022, the 95 percent target for reuse/recovery was slightly missed, namely by 1 percent to 1.4 percent (see Statistics on ELVs and Annual reports on end-of-life vehicle reuse/recycling/recovery rates in Germany). The main reason for this in all three years was that shredding facilities received very few stripped vehicles in comparison to the amount of end-of-life vehicles.

The recovery rates are supplemented by facility rates. These rates are based on the annual total net weight of ELVs (or stripped vehicles) returned to a facility. The different types of facilities have to meet these rates since 2015 as follows:

• Dismantling facilities:
  reuse or recycling of at least 10 percent of non-metallic share of ELVs,
• shredding facilities:
  recycling of 5 percent and an additional 10 percent of recovery for non-metallic shredding residuals.

As of 1 July 2003, it is prohibited to place on the market materials and vehicle components containing the heavy metals lead, mercury, cadmium or hexavalent chromium. Exemptions are laid out in Annex II of the EC Directive on end-of-life vehicles. The applicable version of this Annex directly enters into force in Germany due to the dynamic reference in the German End-of-life Vehicle Ordinance. Annex II of the EC Directive on end-of-life vehicles is amended regularly in line with scientific and technological progress. It was last updated by the delegated Directive (EU) 2023/544 of 16 December 2022 amending (Annex II to) Directive on end-of-life vehicles.

(that is the proper and safe recovery and disposal compatible with public welfare)

First of all, ELVs undergo pre-treatment in authorised dismantling facilities, in particular by being drained of service fluids such as fuel, brake fluid and oil. Once drained, the ELVs are dismantled, meaning that components, substances and materials are removed either due to their harmful characteristics (for example components containing asbestos or mercury) or because they are intended for reuse or recovery (for example catalytic converters or aluminium rims). After this treatment in an authorised dismantling facility, the ELVs are referred to as stripped vehicles and must in general be brought to an authorised shredding facility for shredding.

About a thousand authorised dismantling facilities and several dozen authorised shredding facilities in Germany ensure the environmentally sound disposal of ELVs.