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 the exemption for hexavalent chromium as 
anti-corrosion agent of the carbon steel cooling system in absorption refrigerators in 
motor  caravans  
(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 EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
This Commission Delegated Directive amends, for the purpose of adapting to technical 
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 an exemption for specific applications containing 
lead. The draft delegated act is the result of the process 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.  
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 chromium2.    
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/EU3 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 .  
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE ACT  
The current exemptions 14 permits the use of hexavalent chromium as an anti -corrosion agent 
of the carbon steel cooling system in absorption refrigerators in motor caravans up to 0,75 
weight -% in the cooling solution except where the use of other c ooling technologies is 
practicable (i.e. available on the market for the application in motor caravans) and does not 
lead to negative environmental, health and/or consumer safety impacts.  
Exemption (14) regarding the use of hexavalent chromium needs  to be reviewed to align the 
wording with similar applications in  the Directive 2011/65/EU of the European Parliament 
and of the Council on the restriction of the use of certain hazardous substances in electrical 
and electronic equipment4 (RoHS ) as well as  the Regulation 1907/2006/EU concerning the 
Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH).  
With a view to evaluating this exemption, the Commission launched a study to carry out the 
required technical and scientific assessment, including a n eight -week online open -ended 
stakeholder consultation. The consultants' final report5 concluded that the exemption should 
be extended with a revised wording until the end of 2025.  An alternative corrosion inhibitor 
has been identi fied but it is not yet available in products installed in motor caravans placed on 
the EU market; its application in absorption refrigerators installed in motor caravans still 
requires technical adaptations and field tests in order to reliably ensure corro sion inhibition 
                                                 
1 OJ L 269, 21.10.2000, p.34.  
2 See Article 4(2)(a) of the ELV Directive.  
3 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  
4 OJ L 174,1.7.2011, p. 88  
5 http://ec.europa.eu/environment/waste/elv/events_en.htm . 
  
EN 2  EN over the long product life time and under harsh and varying conditions, thus justifying the 
renewal of the exemption until this can be accomplished.   
Subsequently, the Commission consulted the Member States expert group for delegated acts 
under ELV during an expert meeting on 8 March 2019 . The Commission consulted the 
Member States expert group for delegated acts under ELV  again on 3 September 2019.   
The Council and the European Parliament were notified of all activities.   
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
The Delegated Directive grants an exemption from the 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 b y Directive 201 8/849/EU, and in 
particular meeting the relevant requirements of Article 1(1)(b) thereof.  
In accordance with the principle of proportionality, the measure does not go beyond what is 
necessary to achieve its objective.  
The proposal has no imp lications for the EU budget.   
EN 3  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 the exemption for hexavalent chromium as 
anti-corrosion agent of the carbon steel cooling system in absorption refrigerators in 
motor caravans  
(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 vehicles6, and in particular Article 4(2)(b) thereof,  
Whereas:  
(1) Pursuant to Article 4(2)(a) of Directive 2000/53/EC , Memb er States are to prohibit the 
use of lead, mercury, cadmium and hexavalent chromium in materials and components 
of vehicles put on the market after 1 July 2003.  
(2) Annex II to Directive 2000/53/EC lists vehicle materials and components exempt from 
the prohibi tion pursuant to  Article 4(2)(a) thereof.  Exemption 14 regarding the use of 
hexavalent chromium needs to be amended  to align for coherence the wording of th at 
exemption with similar exemptions for the use of hexavalent chromium provided for  
in Directive 2011/65/EU of the European Parliament and of the Council7 and 
Regulation (EC) No  1907/2006  of the European Parliament and of the Council8. 
(3) The assessment of exemption 14 in view of technical and scientific progress led to the 
conclusion  that although suitable  alternative  substances  to hexavalent chromium  have 
become available, they cannot yet be used  in products . It is expected that suitable  
alternatives  to the use of hexavalent chromium may become available  in the future. It 
is hence appropriate to split the current exemption in three sub-entries and set an 
expiry date for two of the sub -entries to the exemption.  
(4) Directive 2000/53/EU should th erefore be amended accordingly.  
                                                 
6 OJ L 269, 21.10.2000, p. 34.  
7 Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of 
the use of certain hazardous substances in electrical and electronic equipment  (OJ L 174,1.7.2011, p.  88). 
8 Regulation (EC) No  1907/2006 of the Europea n Parliament and of the Council of 18  December 2006 
concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), 
establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council 
Regulation (EEC) No 793/93 and Commission Regulation (EC) No  1488/94 as well as Council Directive 
76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396 
30.12.2006, p.  1).  
EN 4  EN HAS ADOPTED 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. 1. Member States shall adopt and publish by (xxx one month after publication) at 
the latest, the laws, regulations and administrative provisions necessary t o 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. 2. Member States shall communicate to the Commission the text of the main 
provisions of national law, which they adopt in the field covered 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 Commission  
 The President