A recently introduced law stipulating that owners of undrivable vehicles can now have them dismantled and recycled, free of charge, in centres close to their homes is causing major problems for the motor industry.
The Waste Management Regulations, which came into force on January 1st, aimed to ensure that all end-of-life vehicles (ELVs) would be dismantled and recycled in accordance with best environmental practices, and all at no cost to the final owner.
To allow motorists easy access to centres that would accept their old cars, the law stipulates that in addition to every county having at least one authorised treatment facility (ATF), which will dismantle and recycle ELVs, densely populated areas must have an additional ATF for every 150,000 people.
While there is now widespread ATF coverage - there are currently 60 licensed and another 50 waiting for approval (which means motorists should have no problem finding a centre near to them) - the motor industry is still having difficulties conforming to certain aspects of the legislation.
Under the law, car importers must have a contractual agreement with at least one ATF centre in every local authority region to take back their old vehicles.
This means each carmaker should have at least 45 approved ATFs throughout the State. However, carmakers are complaining that this is proving extremely difficult and, in some areas, impossible to achieve. "Currently many of these permitted facilities operate independently - they are not part of any producer's collection system," confirmed a Department of the Environment spokesman. "These non-contracted ATFs may accept ELVs for treatment in accordance with the standards set down in the directive, but they are not obliged to do so."
Mike Rivers, ELV manager with Ford of Europe, who has been involved in years of negotiations with Irish vehicle recyclers and the Department of the Environment, which was responsible for drafting the legislation, points out that the current value of scrap metal means dismantling ELVs is a profitable business.
This means there is little financial incentive for ATFs to enter into contracts with car importers.
However, should the value of scrap metal begin to fall, car importers must subsidise the dismantling and recycling of their own-marque ELVs. To do this they must establish a network of ATFs or collection points, but they are currently unable to do so.
Rivers, who has been negotiating contracts between the Ford, Mazda, Land Rover and Volvo brands and ATFs in Ireland as well as several other European countries, says in some local authority areas such as Dún Laoghaire-Rathdown and in Co Leitrim, there are no licensed vehicle treatment centres with which to enter into contracts. "Also in other areas we have found that the standards in some ATFs are frankly appalling, and as such were not appropriate contract partners for us," he said. "Many didn't have the correct equipment and some were not able to issue certificates of destruction . . . We could not direct out customers to these places."
As a result, most of Ireland's vehicle distributors have only contracted between 13 and 25 ATFs, far below the stipulated 45 demanded by the legislation. "We have tried, and are trying, our absolute best to comply," said Rivers. "And we can give an absolute guarantee that in areas where there is no facility contracted to us, we will ensure owners can either get to an ATF near them, or we will collect their vehicle. We are meeting the spirit of the law."
Despite this apparent oversight in the drafting of the legislation, the Department of the Environment is adamant that it will not consider re-drafting the areas that are proving difficult to conform to. It warns car importers that: "Producers who fail to comply with the regulations will face enforcement proceedings by local authorities."
THE CURRENT SITUATION COMES DESPITE six years of consultation between the motor industry, vehicle dismantlers, and the Department of the Environment.
"This is a balanced and reasonable producer-responsibility initiative," said a Department spokesman. "We have been available consistently to meet with all stakeholders and continue to be available if necessary."
During the discussions, Irish car importers also urged the Department to reconsider its demand for so many ATFs considering the low levels of vehicle ownership in some rural counties. As an alternative, they suggested that ELV collection points could be established that would transport scrap vehicles to more centralised treatment centres.
However, the Department of the Environment is insisting that the Republic's car importers and distributors conform to the law as it stands, and confirmed that it is not entertaining suggestions that it revise what many in the industry are calling a rushed piece of legislation.