EN Official Journal of the European Union L 254/69

COUNCIL DECISION

of 20 September 2005

amending Annex II of Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles

(Text with EEA relevance)

(2005/673/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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)(b) thereof,

Whereas:

(1) Under Directive 2000/53/EC the Commission is required to evaluate the use of lead, mercury, cadmium or hexavalent chromium which are prohibited by Article 4(2)(a) of that Directive.

(2) Having carried out the requisite technical and scientific assessments the Commission has reached a number of conclusions.

(3) Certain exemptions from the prohibition should not be prolonged because the use of lead, mercury, cadmium or hexavalent chromium in those applications has become avoidable.

(4) Certain materials and components containing lead, mercury, cadmium or hexavalent chromium should be exempt or continue to be exempt from the prohibition of Article 4(2)(a), since the use of these substances in those specific materials and components is still unavoidable. In some cases it is appropriate to review the expiry date of these exemptions in order to assess whether the use of the prohibited substances is still unavoidable in the future.

(5) In the case of aluminium for machining purposes with a lead content up to 1,5 % by weight, described in point (2)(a) of the Annex, the Commission will assess, by 1 July 2007, whether the expiry date of that exemption has to be reviewed in relation to the availability of substitutes of lead.

(6) In the case of lead-bearing shell and bushes, described in point (4) of the Annex, the Commission will assess, by 1 July 2007, whether the expiry date of that exemption has to be reviewed in order to ensure that lead-free technology can be applied in all engines and transmissions without harming their proper functioning.

(7) In the case of the use of hexavalent chromium in corrosion preventive coatings related to bolt and nut assemblies for chassis applications, described in point (13)(b) of the Annex, the Commission will assess, by 1 July 2007, whether the expiry date of that exemption has to be reviewed in order to ensure that no accidental disconnection of essential mechanical parts can occur in the lifetime of the vehicle.

(8) In the case of the use of cadmium in batteries for electrical vehicles, described in point 17 of the Annex, the Commission will assess, by the end of 2007, whether the expiry date of that exemption has to be reviewed in order to ensure the availability of alternative battery technologies and electrical vehicles.

(9) Directive 2000/53/EC should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Without prejudice to Commission Decision 2005/438/EC (2), Annex II to Directive 2000/53/EC shall be replaced by the text set out in the Annex to this Decision.

Article 2

This Decision shall apply from 1 July 2005.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 20 September 2005. For the Council The President M. BECKETT

(1) OJ L 269, 21.10.2000, p. 34. Directive as last amended by Commission Decision 2005/438/EC (OJ L 152, 15.6.2005, p. 19).

(2) OJ L 152, 15.6.2005, p. 19.