EU32005D0438Enacted

COMMISSION DECISION of 10 June 2005 amending Annex II to Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles (notified under document number C(2005) 1707) (2005/438/EC)

Jurisdiction:: European Union
Type:: EPR · Labeling
Last action:: Jan 1, 2005

VehiclesMetalsPlastic PackagingHazardous Materials

Next steps for producers

Confirm your obligations with National Packaging Producer Registers (EU PPWR) and track its implementing rules

Applies toProducers, manufacturers, brand owners, and importers placing vehicles or vehicle spare parts on the EU market

Obligations under this law

·Do not use lead, mercury, cadmium, or hexavalent chromium in materials and components of vehicles put on the market after 1 July 2003, except where listed in Annex II of Directive 2000/53/EC
·Ensure spare parts placed on the market after 1 July 2003 for repair of vehicles placed on the market before 1 July 2003 comply with the exemption conditions set out in amended Annex II

National Packaging Producer Registers (EU PPWR) →

No designated program action is recorded for this measure yet — treat the above as the general obligation and verify against the source text.

Commission Decision amending Annex II of the End-of-Life Vehicles Directive (2000/53/EC) to update technical requirements and material recovery/recycling targets for vehicle manufacturers and dismantlers, strengthening EPR obligations and product stewardship in automotive recycling.

Covered Products

·Vehicles and materials/components of vehicles placed on the market after 1 July 2003
·Spare parts placed on the market after 1 July 2003 used for repair of vehicles placed on the market before 1 July 2003
·Materials and components containing lead, mercury, cadmium, or hexavalent chromium

Producer Obligations

·Do not use lead, mercury, cadmium, or hexavalent chromium in materials and components of vehicles put on the market after 1 July 2003, except where listed in Annex II of Directive 2000/53/EC
·Ensure spare parts placed on the market after 1 July 2003 for repair of vehicles placed on the market before 1 July 2003 comply with the exemption conditions set out in amended Annex II

Exemptions

·Spare parts placed on the market after 1 July 2003 used for the repair of vehicles placed on the market before 1 July 2003 are exempt from the prohibition on lead, mercury, cadmium, and hexavalent chromium under Article 4(2)(a) of Directive 2000/53/EC
·The spare parts exemption does NOT apply to wheel balance weights (covered by a specific Annex II entry)
·The spare parts exemption does NOT apply to carbon brushes for electric motors (covered by a specific Annex II entry)
·The spare parts exemption does NOT apply to brake linings (covered by a specific Annex II entry)
·All other exemptions listed in Annex II to Directive 2000/53/EC as previously established

Key Deadlines

Jul 1, 2003compliance: Prohibition on use of lead, mercury, cadmium, and hexavalent chromium in vehicle materials and components for vehicles placed on the market from this date

Producer Definition

Producers, manufacturers, brand owners, and importers placing vehicles or vehicle spare parts on the EU market

Preemption Notes

This is an EU-level Commission Decision addressed to Member States, harmonising the exemption rule across all EU Member States. Member States must apply the amended Annex II as part of their transposition of Directive 2000/53/EC, limiting scope for divergent national rules on this specific point.

Compliance Dimensions

Bans & RestrictionsLead, mercury, cadmium, and hexavalent chromium in materials and components of vehicles (Material Restriction), 2003

“Article 4(2)(a) of Directive 2000/53/EC prohibits the use of lead, mercury, cadmium or hexavalent chromium in materials and components of vehicles put on the market after 1 July 2003, other than in cases listed in Annex II to that Directive, under the conditions specified therein.”

Tracking dates like these across a whole portfolio of jurisdictions is what Upcoming Deadlines does.

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Full bill text

15.6.2005

EN

Official Journal of the European Union

L 152/19

COMMISSION DECISION

of 10 June 2005

amending Annex II to Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles
(notified under document number C(2005) 1707)
(Text with EEA relevance)
(2005/438/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles ( 1 ) , and in particular Article 4(2)(a) thereof,

Whereas:

(1)

Article 4(2)(a) of Directive 2000/53/EC prohibits the use of lead, mercury, cadmium or hexavalent chromium in materials and components of vehicles put on the market after 1 July 2003, other than in cases listed in Annex II to that Directive, under the conditions specified therein.

(2)

As product reuse, refurbishment and extension of life-time are beneficial, spare parts need to be available for the repair of vehicles which were already put on the market on 1 July 2003. The use of lead, mercury, cadmium or hexavalent chromium in spare parts put on the market after 1 July 2003 for the repair of such vehicles should thus be tolerated.

(3)

Directive 2000/53/EC should therefore be amended accordingly.

(4)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Council Directive 75/442/EEC ( 2 ) ,

HAS ADOPTED THIS DECISION:

Article 1
In Annex II to Directive 2000/53/EC the fifth indent of the ‘Notes’ is replaced by the following:

‘—

spare parts put on the market after 1 July 2003 which are used for vehicles put on the market before 1 July 2003 are exempted from the provisions of Article 4(2)(a) ( *1 ) .

( *1 ) This clause does not apply to wheel balance weights, carbon brushes for electric motors and brake linings as these components are covered by specific entries’."

Article 2
This Decision is addressed to the Member States.

Done at Brussels, 10 June 2005.

For the Commission

Stavros DIMAS

Member of the Commission

( 1 )
OJ L 269, 21.10.2000, p. 34 . Directive as last amended by Commission Decision 2002/525/EC ( OJ L 25, 28.1.2005, p. 73 ).

( 2 )
OJ L 194, 25.7.1975, p. 39 . Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council ( OJ L 284, 31.10.2003 p. 1 ).

Full text as ingested. Verify against the official source above.