EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2019) XXX  draft  
 
COMMISSION DELEGATED DIRECTIVE (EU) .../…  
of XXX  
amending Annex II to Directive 2000/53/EC of the European Parliament and of the 
Council on end -of-life vehicles as regards certain exemptions for lead and lead 
compounds in components  
(Text with EEA relevance)  
This draft has not been adopted or endorsed by the European Commission. Any 
views expressed are the preliminary views of the Commission services and may not 
in any circumstances be regarded as stating an official position of the Commission.    
EN 1  EN 1. EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
This Commission Delegated Directive amends, for the purpose of adapting to technical and 
scientific progress, Annex II of Directive 2000/53/EC of the European Parliament and of the 
Council on the end -of-life vehicles1 (ELV) as regards four exemptions for specific 
applications containing lead.  The draft delegated act is the result of the pr ocess under ELV 
Directive to amend Annex II according to technical and scientific progress, in accordance 
with the procedure established in the Article 4(2), point (b) of the ELV Directive and under 
Article 1(1) of Directive 2018/849/EU amending Directives  2000/53/EC on end -of-life 
vehicles, 2006/66/EC on batteries and accumulators and waste batteries and accumulators, 
and 2012/19/EU on electrical and electronic equipment2.  
The ELV Directive restricts the use of certain hazardous substances in materials an d 
components of vehicles put on the market after 1 July 2003, as provided for in its Article 
4(2)(a). Currently, vehicles and parts for vehicles placed on the Union market shall not 
contain lead, mercury, cadmium and hexavalent chromium3.    
Annex II to the ELV Directive lists the materials and components of vehicles for specific 
applications that are exempted from the substance restriction of ELV Article 4(2).  
Article 4(2)(b) provides that Annex II shall be amended on a regular basis, according to 
techni cal and scientific progress. Furthermore, Article 1 of Directive 2018/849/EU4 amending 
Article 4(2), point (b) of the ELV Directive provides that such amendment of Annex II shall 
be done by means of delegated acts .  
1. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE ACT  
The current exemptions 8(e), 8(f)(b), 8(g) and 8(j) in Annex II permit the use of lead in 
solders.   Annex II to the ELV Directive5 provides that exemptions 8(e), 8(f)(b) and 8(g) shall 
be reviewed in 2019 and exemption 8(j) has been re -assessed in view of the latest information 
on technical difficulties in this area.  
With a view to evaluating these exemptions, the Commission launched a study to carry out 
the required technical and scientific assessment6, including a n eight -week online open -ended 
stakeholder consultation.  
For exemption 8(e) it was assessed the progress achieved on component and material level 
since the last review in 2015/2016 (7th amendment of Annex II), in particular whether the 
substitution or elimination of lead is still technically and scientifically impracticable for attach 
of small dies.  Furthermore, available lead -free solutions were investigated as to whether and 
how far t hey can be or are already qualified for use in automotive applications.  The 
information available by the stakeholders suggests that the use of lead is still unavoidable.  A 
review is proposed in 2024.  
                                                 
1 OJ L 269, 21.10.2000, p.34.  
2  OJ L 150, 14.6.2018, p. 93  
3  See Article 4(2)(a) of the ELV Directive.  
4 Directive 2018/849/EU amending Directives 2000/53/EC on end -of-life vehicles, 2006/66/EC on 
batteries and accumulators and waste batteries and accumulators and 2012/19/EU on waste electric and 
electronic equipment, OJ L 150, 14.6.2018, p. 93  
5 Commission Directive 2017/2096/EC amending Annex II to Directive 2000/53/EC of the European 
Parliament and the Council on end -of-life vehicles, OJ L 299, 16.11.2017, p. 24  
6 http://ec.europa.eu/environment/waste/elv/events_en.htm .  
EN 2  EN For exemption 8(f)(b) the assessment showed that lead -free compliant pin connector systems 
(CoPICS) are increasingly available.  However, as some additional time is needed to 
accommodate the automotive industry’s responsibility for the safety of their products, the 
exemption will be ended by 31 December 2023.  
Exemption 8(g)  is relevant for all automotive models being designed, produced and currently 
on the market.  Some examples of applications used in vehicles are electronic stability control 
system, advance emergency braking systems, distance control, lane d eparture warning system, 
frontal projection systems, pedestrian protection, hydrogen and hybrid cars, car radios, vision 
systems, navigation. The report also evaluated whether the new wording of exemption 15(a) 
of Annex III of Directive 2011/65/EU on the r estriction of the use of certain hazardous 
substances in electrical and electronic equipment7 (RoHS Directive) can be adopted for 
exemption 8(g).  However, a transition period is needed for the flip chip on lead frame (FCOL) 
to be adapted.  Subsequently, th e new wording granting an exemption with a more narrow 
scope, in alignment with the wording of exemption 15 of RoHS Annex III is introduced as 
from 1 October 2022.  Until this time, the existing exemption remains valid.  A review is 
proposed in 2024.  
For e xemption 8(j) there are lead -free solutions.  Although it cannot be excluded that lead 
could be replaced, there are still unsatisfactory testing results for some applications.  
Subsequently, in line with the EU policies  and aquis , the existing exemption 8( j) expires by 
31 December 2019 and the new exemption 8(k) with a more narrow scope will be applicable 
until 31 December 2023.  
The final report containing the assessment of the exemptions was published.8 
The Commission consulted the Member States expert gr oup for delegated acts under ELV 
during an expert meeting on 8 March 2019. The evaluation challenges, in particular for 
exemption 8(j) were discussed and the views of the Member States were collected. The 
Commission consulted the Member States expert group  for delegated acts under ELV again 
on 3 September 2019 and their views were collected.  
The Council and the European Parliament were notified of the draft delegated act.  
2. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
The Delegated Directive grants an exemption from t he restrictions in Article 4(1), to be listed 
in Annex II of Directive  2010/53/EC, for the use of lead in specific applications.  
The instrument is a Delegated Directive, as provided for by Directive 2018/849/EU, and in 
particular meeting the relevant requi rements of Article 1(1)(b) thereof.  
On the basis of the information collected, the Commission proposes the following:  
1. for exemptions 8(e) the use of lead remains unavoidable, therefore, the use of 
lead will be prolonged and a review date in 2024 is propose d;  
2. for exemption 8(g) the use of lead remains unavoidable, therefore the use of 
lead will be prolonged. However, it is proposed to keep the current wording 
until 30 September 2022 to allow the automotive industry to transition to the 
scope changes and a n ew exemption with a more narrow scope is proposed as 
from 1 October 2022 with a review date in 2024;  
                                                 
7  OJ L 174, 1.7.2011, p. 88  
8  https://ec.europa.eu/environment/waste/elv/events_en .htm  
EN 3  EN – for exemption 8(f)(b) the use of lead can be avoided, therefore, it is proposed to 
end the exemption for the use of lead;  
– exemption 8(j) gives exemption f or the use of lead in solders for soldering of 
laminated glazing for vehicles type approved before 1 January 2020 and spare 
parts for these vehicles .  For exemption 8(j) the use of lead can be avoided .  
However, there is no certainty that suitable alternat ives to the use of lead exist 
at this time for some applications .  It is therefore appropriate to narrow the 
scope of the exemption, with a limited continuation, as follows:  
– 8(k). Soldering of heating applications with 0.5A or more of heat current 
per related solder joint to single panes of laminated glazings not 
exceeding wall thickness of 2.1 mm.  This exemption does not cover 
soldering to contacts embedded in the intermediate polymer for vehicles 
type approved before 1 January 2024 and spare parts fo r these vehicles.  
 
In accordance with the principle of proportionality, the measure does not go beyond what is 
necessary to achieve its objective.  
The proposal has no implications for the EU budget.   
EN 4  EN COMMISSION DELEGATED DIRECTIVE (EU) .../…  
of XXX  
amending  Annex II to Directive 2000/53/EC of the European Parliament and of the 
Council on end -of-life vehicles as regards certain exemptions  for lead and lead 
compounds in componen ts 
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union,  
Having regard to Directive 2000/53/EC of the European Parliament and of the Council of 
18 September 2000 on end -of-life vehicles9, and in particular Article 4(2)(b) thereof,  
Whereas:  
(1) Pursuant to Article 4(2)(a) of Directive 2000/53/EC , Member States are to  prohibit the 
use of lead, mercury, cadmium and hexavalent chromium in materials and components 
of vehicles put on the market afte r 1 July 2003.  
(2) Annex II to Directive 2000/53/EC lists vehicle materials and components exempt from 
the prohibition pursuant to  Article 4(2)(a) thereof.  Pursuant to Annex II , exemptions 
8(e), 8(f)(b) and 8(g) are to  be reviewed in 2019. Exemption 8(j) also  needs to be re -
assessed in view of the latest information on technical and scientific progress.  
(3) An assessment of exemptions 8(e) and 8(g)  in view of that information  led to the 
conclusion  that the re are currently no suitable  alternatives to the  use of lea d for the 
materials and components covered by those exemptions . A date for a new review of 
those exemptions should therefore be set.  Exemption 8(g) , however, should be further 
specified with a more narrow scope.  In order t o allow the automotive industry to 
adapt  to those changes, the current scope of exemption 8(g)  should  be maintained  for 
vehicles of a type approved before 1 October 2022 , while  the narrow er scope of that 
exemption should apply for vehicles of a type approv ed from that date . 
(4) The assessment of exemption 8(f)(b) to the conclusion that the use of lead in the 
applications covered by that exemption should not be prolonged because there are 
alternatives to the use of lead in th ose applications.  
(5) The assessment of exemption 8(j) which gives an exemption to the use of lead in 
solders for soldering of laminated glazing led to the conclusion  that, for some 
applications, there are alternatives to the  use of lead in solders for soldering of 
laminated glazing . However, there are some glass panes and applications for which 
there is no certainty that  suitable  alternatives to the  use of lead  exist  at this time . It is 
therefore appropriate to lay down a new , more limited,  exemption  8(k) for those glass 
panes and applications . 
(6) Exemption 8(j) applies only with respect to  vehicles of a type approved before 1 
January 2020 . In order to ensure that the use of lead continues to be exempted for 
                                                 
9 OJ L 269, 21.10.2000, p. 34.   
EN 5  EN those glass panes and applications for which there is no certainty that suitable 
alternatives  to the use of lead exist at this time , it is necessary for the new exemption 
8(k) to apply as soon as possible . Therefore, this Directive should enter into force as a 
matter of urgency.  
(7) Directive 2000/53/EU should therefore be amended accordingly.  
 
HAS AD OPTED THIS DIRECTIVE:  
Article 1  
Annex II to Directive 2000/53/EU is amended as set out in the Annex to this Directive.  
Article 2 
1. Member States shall adopt and publish by (xxx one month after publication) at the 
latest, the laws, regulations and administrat ive provisions necessary to comply with this 
Directive. They shall forthwith communicate to the Commission the text of those provisions.  
When Member States adopt those provisions, they shall contain a reference to this Directive 
or be accompanied by such a  reference on the occasion of their official publication. Member 
States shall determine how such reference is to be made.  
2. Member States shall communicate to the Commission the text of the main provisions of 
national law , which they adopt in the field cover ed by this Directive.  
Article 3  
This Directive shall enter into force on the day following that of its publication in the Official 
Journal of the European Union . 
Article 4  
This Directive is addressed to the Member States.  
Done at Brussels,  
 For the Commiss ion 
 The President  
 […]