EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2022) XXX  draft  
 
COMMISSION DELEGATED DIRECTIVE (EU) .../…  
of XXX  
amending Directive 2000/53/EC of the European Parliament and of the Council as 
regards the exemptions for the use of lead in aluminium alloys for machining purposes, 
in copper alloys and in certain batteries  
(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 2(c)(i), 3 , and 5(b) in Annex II permit the use of lead in aluminium 
alloys, copper alloys and in batteries . Annex II to the ELV Directive4 provides that 
exemptions  2(c)(i), 3 , and 5(b) shall be reviewed in 20 21. 
With a view to evaluating these exemptions, 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:  
 for exemptions 2(c)(1) the use of lead is currently unavoidable. Technical progress 
indicates that the use of lead is expected to be phased out by end of 2027 . Therefore, 
the use of lead should  be prolonged and the exemption will be removed as of 1 
January 2028 ;  
 for exempti on 3 the use of lead should  be prolonged and a review is recommended  in 
2025 ;  
 for exemption 5(b) the use of lead in batteries  for battery applications can be avoided 
only for some applications . Two alternatives were  proposed  in the report : 
(1) Restrict the sc ope of exemption:  
                                                 
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 a nd accumulators and 2012/19/EU on waste electric and 
electronic equipment, OJ L 150, 14.6.2018, p. 93  
4 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  
5 https://data.europa.eu/doi/10.2779/373311 .   
EN 2  EN – Restrict the exemption to lead in batteries used in 12 V applications , with 
a review recommended in 2025 ; 
– Remove the exemption to lead in batteries in all other applications such 
as 24  V and 48 V applications without prejudice to exemption 5(a) for 
lead in batteries in high voltage systems . 
(2) Introduce two separate entries 5(b)(i) and 5(b)(ii) as follows:  
– 5(b)(i)  would continue the exemption on lead in batteries used in 12 V 
applications , with a review recommended in 2025 . 
– 5(b)(ii) would allow the use of lead in batteries in 24 V and 48 V 
applications until the end of 2023;  
– It is proposed to follow this second option  due to the lack of substantiated 
data on sufficient scientific and technical progress  that would justify 
avoidance of lead in batteries used for the  applications listed above .  
Subsequently, the Commission informed  Member States expert group on the draft findings of 
the consultancy study  during an expert meeting on 28 June 2021 and then via written 
consultation  until 2 0 January 2022 .  
All applicable steps relating to exemptions from the substance restriction pursuant to Articles 
5(3) to 5(7) have been performed.6  
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  2000/53/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 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 implications for the EU budget.  
 
                                                 
6 A list of the required administrative steps is available on the Commission website . Current stage of the 
procedure can be viewed for each draft delegated act in the Interinstitutional Registry of Delegated Acts 
at https://webgate.ec.europ a.eu/regdel/#/home .  
EN 3  EN COMMISSION DELEGATED DIRECTIVE (EU) .../…  
of XXX  
amending Directive 2000/53/EC of the European Parliament and of the Council as 
regards the exemptions for the use of lead in aluminium alloys for machining purposes, 
in copper alloys and in certain batteries  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union,  
Having regard to Directive 20 00/53/EC of the European Parliament and of t he Council of 
18 September 2000  on end-of-life vehicles7, and in particular Article 4(2), point (b), thereof,  
Whereas:  
(1) Pursuant to Article 4(2) , point (a), of Directive 2000/53/EC , Member States are to 
ensure that materials and components of vehicles put on the market after 1 July 2003 
do not contain lead, mercury,  cadmium or hexavalent chromium . 
(2) Annex II to Directive 2000/53/EC lists vehicle materials and components that are 
exempt from the prohibition pursuant to Article 4(2) , point (a), thereof.  
(3) The Commission assess ed the exemption set out in entry  2(c)(i) of Annex II to 
Directive 2000/53/EC  regarding aluminium alloys for machining purposes  in view of 
technical and scientific progress . This assessment  led to the conclusion that there are 
suitable alternatives available , but that a transitional period is needed to replace  the use 
of lead in all the materials and components covered by th at exemption . The use of lead 
in the materials and components concerned , includi ng lead in wrought aluminium,  
could  be phased out by the end of 2027. It is t herefore  appropriate to provide for an 
expiry date for that exemption .  
(4) The Commission assess ed the exemption set out in entry 3 of Annex II to Directive 
2000/53/EC  regarding  copp er alloys  in view of technical and scientific progress . This 
assessment  led to the conclusion that there are still no suitable alternatives to the use 
of lead in the materials and components covered by th at exemption. Taking into 
account the progress made in the development of substitutes  to lead in the materials 
and components  concerned, it is appropriate to provide for a n ew review date for th at 
exemption .  
(5) The Commission assess ed the exemption set out in entry 5(b) of Annex II to Directive 
2000/53/EC  regarding  lead in batteries for battery applications not included in entry  
5(a) of that Annex, which concerns batteries in high voltage systems, in view  of 
technical and scientific progress . This assessment  led to the conclusion that the use of 
lead in batter ies for battery applications not included in entry 5(a)  of Annex II to 
Directive 2000/53/EC  can be avoided for some applications but  not for batteries used 
                                                 
7 OJ L 269, 21.10.2000, p. 34.   
EN 4  EN in 12 V applications . In order to apply a  consistent regulatory framework  for batteries , 
including t hose that are not falling under the exemption set out in entry 5(a) of Annex 
II to Directive 2000/53/EC  and are not used in 12  V applications, it is appropriate  to 
provide for two separate entries 5(b)(i) and 5(b)(ii ) instead of a single entry 5(b) . Entry 
5(b)(i) should provide an exemption for the use of lead in batteries used in 12  V 
applications . Taking into account the progress made in the development of substitutes  
to the use of lead in the batteries concerned, it is appropriate to provide for a review  
date for th at exemption . Entry 5(b)(ii) should provide for an exemption  for the use of 
lead in batteries for other battery applications that are not included in entry  5(a) and 
entry 5(b)( i) of Annex II to Directive 2000/53/EC . The assessment led to the 
conclusion that lead-based batteries for those applications are avoidable  given the 
progress made in the development of substitutes  to the use of lead in those batteries . It 
is therefore  appropriate to provide for an expiry date for that exemption  that allows 
phasing out of the use of lead in those batteries .  
(6) Directive 2000/53/E C should therefore be amended accordingly ,  
 
HAS ADOPTED THIS DIRECTIVE:  
Article 1  
Annex II to Directive 2000/53/E C is replaced by the text  set out in the Annex to this 
Directive.  
Article 2 
1. Member States shall bring into force the laws, regulations and administrative 
provisions necessary to comply with this Directive by [… OP please  insert the date 
= the first day of the month following six month s after  the date of entry into force of 
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 occasio n 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 covered by this Directive.  
Article 3  
This Directive shall enter into force on the twentieth  day following that of its publication in 
the Official Journal of the European Union . 
Article 4  
This Directive is addressed to the Member States.  
  
EN 5  EN Done at Brussels,  
 For the Commission  
 The President  
 Ursula VON DER LEYEN