New regu­la­ti­on on cir­cu­lar eco­no­my for vehicles

Chall­enge for the enti­re sup­p­ly chain

New requi­re­ments for the cir­cu­lar eco­no­my for vehic­les will chall­enge not only auto­mo­bi­le manu­fac­tu­r­ers, but also their suppliers.

On July 13, 2023, the Euro­pean Com­mis­si­on sub­mit­ted a pro­po­sal for a regu­la­ti­on on “cir­qula­ri­ty requi­re­ments for vehic­les design and on manage­ment of end-of-life vehic­les (…)” (COM(2023) 451 final). The aim of the pro­po­sal is to regu­la­te vehic­le manu­fac­tu­ring, one of the most resource-intensive sec­tors of the eco­no­my, in a new and more sus­tainable way in view of the mar­ket pene­tra­ti­on of elec­tric vehic­les and the resul­ting demand for raw mate­ri­als. Until now, sus­taina­bi­li­ty requi­re­ments have been addres­sed by the type appr­oval legis­la­ti­on in Direc­ti­ve 2005/64/EC, and the tre­at­ment of end-of-life vehic­les has been regu­la­ted by Direc­ti­ve 2000/53/EC. The­se requi­re­ments shall now be merged.

Sta­tus of the legis­la­ti­ve process

Befo­re addres­sing the main con­tent of the pro­po­sal below, it should be noted that the legis­la­ti­ve pro­cess has not yet been com­ple­ted. The­re has been no tri­lo­gue pro­ce­du­re to date. The ENVI and IMCO com­mit­tees of the Euro­pean Par­lia­ment sub­mit­ted over 1,400 amend­ments to the Com­mis­si­on’s pro­po­sal and plan to vote on it in a first rea­ding in Sep­tem­ber of this year. In March 2024, the Euro­pean Eco­no­mic and Social Com­mit­tee also cal­led for “even more ambi­tious tar­gets” (C/2024/1593).

The gene­ral approach of the EU Coun­cil was published on June 11, 2025, and forms the basis for the fol­lo­wing expl­ana­ti­ons (Coun­cil of the Euro­pean Uni­on, 10092/25). The pro­po­sal or an amen­ded ver­si­on could be adopted befo­re the end of this year.

Which vehic­les are affected

In its cur­rent ver­si­on, the pro­po­sal con­ta­ins over 100 reci­tals, almost 60 artic­les, and 13 anne­xes. It is inten­ded to cover vehic­les in cate­go­ries M1 (pas­sen­ger cars) and N1 (light com­mer­cial vehic­les up to 3.5 t). Up to five years after ent­ry into force, fur­ther vehic­le clas­ses are to be gra­du­al­ly included in the scope of appli­ca­ti­on (excerpt: M2, M3, N2, N3, O, L1e – L7e).

Cir­cu­la­ri­ty

Accor­ding to Artic­le 4 (1) of the draft, vehic­les type-approved six years after the ent­ry into force of the regu­la­ti­on must be at least 85% reusable or recy­clable by mass and 95% reusable or reco­vera­ble by mass. Reu­se shall mean ope­ra­ti­ons in which end-of-life vehic­le parts or com­pon­ents are used again for the same pur­po­se for which they were desi­gned, whe­re­as reco­vera­bi­li­ty shall mean the reco­very of parts, com­pon­ents, or mate­ri­als from end-of-life vehic­les. Recy­cla­bi­li­ty shall mean the pos­si­bi­li­ty of recy­cling parts, com­pon­ents, or mate­ri­als from end-of-life vehicles.

End-of-life vehic­les are only tho­se that are eit­her was­te within the mea­ning of Artic­le 3 (1) of Direc­ti­ve 2008/98/EC (“(…) an object of which the owner dis­cards (…)”) or tho­se within the mea­ning of Annex I of the draft, which requi­res an assess­ment by motor vehic­le experts.

Reusa­bi­li­ty, recy­cla­bi­li­ty, and reco­vera­bi­li­ty are to be cal­cu­la­ted eit­her accor­ding to a method spe­ci­fied by the Com­mis­si­on by means of an imple­men­ting act or, until such a method has ente­red into force, in accordance with ISO stan­dard 22628:2002 in con­junc­tion with Annex II, Part A of the draft.

Manu­fac­tu­r­ers shall coll­ect all neces­sa­ry data from the enti­re sup­p­ly chain, in par­ti­cu­lar on the type and mass of all mate­ri­als used, and all rele­vant vehic­le data. They shall also veri­fy the “accu­ra­cy and com­ple­ten­ess” of the infor­ma­ti­on recei­ved from sup­pli­ers and iden­ti­fy parts and com­pon­ents made of poly­mers or elas­to­mers (Artic­le 12 of the draft).

Requi­re­ments for Substances

Artic­le 5 of the draft sti­pu­la­tes that sub­s­tances of con­cern must be mini­mi­zed as far as pos­si­ble. The rest­ric­tions of the REACH Regu­la­ti­on and the POP Regu­la­ti­on shall con­ti­nue to app­ly. Howe­ver, accor­ding to Artic­le 5 (2) of the draft, six years after the regu­la­ti­on comes into force, neither lead, mer­cu­ry, cad­mi­um nor hex­a­va­lent chro­mi­um may be con­tai­ned in vehicles.

Also six years after the regu­la­ti­on comes into force, 15 per­cent by weight of the pla­s­tic used in a vehic­le must come from recy­cled con­su­mer pla­s­tic was­te. Of this, a quar­ter must be obtai­ned from pla­s­tic from end-of-life vehic­les or was­te parts from vehic­le repairs. Two years later, 20 per­cent by weight of the pla­s­tic must be recy­cla­tes, and four years later, 25 per­cent by weight.

Design Requi­re­ments

Vehic­les that are type-approved six years after the regu­la­ti­on comes into force must be desi­gned in such a way that the parts and com­pon­ents lis­ted in Annex VII, Part C of the draft can be remo­ved in recy­cling faci­li­ties. This appli­es in par­ti­cu­lar to all bat­te­ries, engi­nes, cata­ly­tic con­ver­ters, rims, tires, cable harnes­ses and fuel tanks.

Manu­fac­tu­rer obligations

Com­pli­ance with the requi­re­ments must be pro­ven to the type appr­oval aut­ho­ri­ty by means of appro­pria­te docu­men­ta­ti­on in the descrip­ti­on fol­der during the type appr­oval process.

In addi­ti­on, a “recy­cla­bi­li­ty stra­tegy” must be deve­lo­ped for each vehic­le class and sub­mit­ted to the type appr­oval aut­ho­ri­ty and the Com­mis­si­on (see Annex IV, Part A of the draft).

Fur­ther­mo­re, man­da­to­ry report­ing on the recy­cled con­tent of the sub­s­tances lis­ted in Artic­le 10, infor­ma­ti­on from the manu­fac­tu­rer to was­te manage­ment com­pa­nies, repair and main­ten­an­ce com­pa­nies for the pur­po­se of remo­ving and repla­cing parts, com­pon­ents, and mate­ri­als (Artic­le 11), and, under cer­tain cir­cum­s­tances, their labe­l­ing (Artic­le 12) are also planned.

Con­clu­si­on and future

The pro­po­sals descri­bed abo­ve are only an excerpt from the draft. Fur­ther chan­ges are to be expec­ted during the tri­lo­gue. Howe­ver, neither the Coun­cil nor the Par­lia­ment are curr­ent­ly opting for a less strin­gent approach. Alt­hough long imple­men­ta­ti­on peri­ods are plan­ned — the regu­la­ti­on is not to app­ly until two years after its ent­ry into force — the resul­ting requi­re­ments are immense and demand indus­tri­al foresight.

The lat­ter appli­es equal­ly to auto­mo­ti­ve sup­pli­ers. Alt­hough they are not direct­ly affec­ted by the plan­ned regu­la­ti­on, they will (have to) be indi­rect­ly obli­ged to con­tri­bu­te by their customers.

It is the­r­e­fo­re important for both vehic­le manu­fac­tu­r­ers and their sup­pli­ers to moni­tor the fur­ther deve­lo­p­ment of the pro­po­sal and to start con­side­ring how to imple­ment the requi­re­ments in their own pro­ces­ses and imple­ment them in a time­ly man­ner. A sys­te­ma­tic approach to legal moni­to­ring and a gap ana­ly­sis with regard to the neces­sa­ry chan­ges – also with regard to their own sup­p­ly chain – will be neces­sa­ry and of help in this regard.

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