Article 22

1. Notwithstanding Article 16 and Article 20(2), where a vehicle in the category M1 or N1 becomes an end-of-life vehicle in a Member State other than the Member State within whose territory the vehicle was placed on the market, and no producer can be identified on the territory of the Member State where it becomes an end-of-life vehicle, the manufacturer of that vehicle shall ensure that the costs of waste management operations referred to in Article 20(1), points (a) and (d), incurred by waste management operators are covered. 2. In order to fulfil its obligations under paragraph 1, a manufacturer shall: designate by a written mandate an authorised representative for the cross-border mechanism in each Member State and notify the competent authorities about the designations; and establish cross-border cooperation mechanisms with the waste management operators carrying out waste management operations referred to in Article 20(1), points (a) and (d). The manufacturer’s authorised representative referred to in point (a) of the first subparagraph of this paragraph shall perform the tasks specified in the mandate received from the manufacturer. A manufacturer may designate a producer responsibility organisation to act as its authorised representative. Where the manufacturer is established outside of the Union, the manufacturer’s representative in the Union appointed in application of Article 13(4) of Regulation (EU) 2018/858 may fulfil the manufacturer’s obligations under points (a) and (b) of the first subparagraph of this paragraph. 3. Manufacturers shall demonstrate compliance with the requirements set out in paragraph 2 to their producers. 4. Producers shall make available on the market of a Member State only those vehicles from manufacturers who have demonstrated compliance with the requirements set out in paragraph 2. 5. The Member State where the vehicle became an end-of-life vehicle shall monitor manufacturers’ and their authorised representatives’ compliance with paragraphs 1 and 2 of this Article. The monitoring shall be based on the information reported and verified by manufacturers and their authorised representatives to the competent authorities on the implementation of paragraphs 1 and 2 of this Article, in particular on the calculation and allocation of costs for the management of end-of-life vehicles referred to in paragraph 1 of this Article, with due regard for business confidentiality and other concerns regarding competitiveness. 6. Where necessary to ensure compliance with this Article and taking into account information provided by the Member States pursuant to the cooperation and monitoring activities referred to in paragraphs 2 and 5 of this Article, the Commission is empowered to adopt delegated acts in accordance with Article 51 this Regulation. Such acts shall aim, in particular, to avoid a distortion of the single market and to ensure a level playing field for economic operators established within and outside the Union. The delegated acts may lay down detailed rules on the obligations of the manufacturers, in particular those established outside of the Union, the manufacturers’ authorised representatives, producers, Member States and waste management operators and the features of the mechanisms referred to in this Article.

← art_21__para_2 · All articles · art_22__para_1 →

Source: EUR-Lex (Cellar) · retrieved 2026-10-14 · Text as adopted (Official Journal); later amendments are not incorporated in this text.