Proposal for a Council Decision amending Annex II of Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles
Date: 2005-07-01
Institutions: European Commission
Subjects: environmental protection, metal waste, vehicle, waste management, waste recycling

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 1.7.2005 
COM(2005) 291 final 

Proposal for a 

COUNCIL DECISION 

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

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Article 4 (2) (a) of Directive 2000/53/EC on end of life vehicles (1) prohibits the use of lead, 
mercury,  cadmium  or  hexavalent  chromium  in vehicle  materials  and  components,  unless  an 
exemption  is  provided  for  in  Annex  II  to  this  Directive.  This  list  of  exemptions  can  be 
amended  according  to  technical  and  scientific  progress.  The  Commission  is  assisted  in  this 
work by the Committee established by Article 18 of Directive 75/442/EEC (2) on waste. 

On the basis of the technical and scientific assessment, the Commission came to the following 
findings: 

Entry 2 a) and b) of this Proposal (aluminium for machining purposes) 

As regards the exemption for use of lead as an alloying element in aluminium for machining 
purposes (entry 2 b) of current Annex II, as amended by Commission Decision 2002/525/EC 
(3), the technical assessment shows that substitutes are available. However, stakeholder input 
shows that standardised aluminium alloys up to 1,5% lead are still needed for safety related 
parts and engine parts (e.g. brake systems and fuel systems). Therefore, it is proposed to allow 
a  lead  content  up  to  1,5%  by  weight  until  1  July  2008,  with  a  review  on  1  July  2007. 
Furthermore, the second note of the current Annex II grants an exemption for the use of 0,4% 
lead by weight in aluminium for machining purposes without time-limitation. Given the fact 
that  it  is  technically  irrelevant  whether  the  lead  is  intentionally  introduced  or  not,  it  is 
proposed to delete this condition. 

Entry 4 of this Proposal (bearing shells and bushes) 

As regards the scope of the exemption of entry 4 of the current Annex II (lead-bronze bearing 
shells  and  bushes),  as  amended  by  Commission  Decision  2002/525/EC,  stakeholders 
requested a rewording of the exemption in order to extend the exemption to all lead bearing 
shells  and  bushes,  not  only  to  lead-bronze  bearing  shells  and  bushes.  Lead-bronze  bearing 
shells  and  bushes  typically  contain  21-25%  of  lead  by  weight.  Lead-free  bearing  shells  and 
bushes  are  under  development  and  in  some  applications  they  already  started  to  be  used. 
According  to  stakeholders,  lead-free  bearing  shells  and  bushes  are  supposed  to  become 
mainstream in all future applications. The limitation of the current exemption to lead-bronze 
bearing shells and bushes only, seems to discourage the technical innovation and the use of 
lead-free  alternatives,  which  at  this  moment  may  not  be  entirely  lead-free.  Therefore,  it  is 
proposed to extend the scope of the exemption to all lead containing bearing shells and bushes 
and, since technical innovation is moving towards substitution of lead in all applications, to 
include  an  expiry  date  (1  July  2008).  The  technical  assessment  shows  that  severe  working 
conditions require an anti-friction material which is able to ensure rotation of moving parts, 
even  in  the  case  of  a  temporary  breakdown  of  the  lubricating  film.  Lead-free  alternatives 
should  also  work  under  those  extreme  conditions  existing  inside  both  the  engine  and  the 
transmission.  Therefore,  it  is  proposed  to  review  this  exemption  by  1  July  2007  in  order  to 
ensure  that  lead-free  technology  can  be  applied  in  all  engines  and  transmissions  without 
harming their proper functioning. 

1 
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OJ L 269, 21.10.2000, p. 34. 
OJ L 194, 25.7.1975, p. 39. Directive as last amended by Commission Decision 96/350/EC (OJ L 135, 
6.6.1996, p. 32). 
OJ L 170, 29.6.2002, p. 81. 

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Entry 7 a) and b) of this Proposal (vulcanising agents and stabilisers for elastomers in fluid 
handling and powertrain applications) 

As  regards  the  exemption  for  the  use  of  lead  in  vulcanising  agents  and  stabilisers  for 
elastomers in fluid handling and powertrain applications (entry 8 of the current Annex II, as 
amended  by  Commission  Decision  2002/525/EC),  the  assessment  shows  that  lead-free 
alternatives  are  available.  Stakeholders’  submissions  show  that  lead  stabilisers  are  already 
replaced in elastomer types. The total replacement will be finished in time by July 2005 for all 
new  vehicles.  For  vulcanising  agents,  stakeholders  claim  that  long-term  risks  regarding 
safety-related  aspects are  not  assessable at this moment. They claim that vulcanising agents 
with 0,5% lead content by weight show sufficient results in terms of road safety. Therefore, 
for  these  applications  more  time  should  be  given  in  order  to  sufficiently  test  the  lead-free 
alternatives.  Taken  into  account  that  substitutes  exist,  for  road-safety  reasons  an  additional 
year  for  these  applications  seems  reasonable.  Moreover,  the  assessment  showed  that  it  is 
technically impossible to lower the lead content below 0,5% by weight for bonding agents for 
elastomers in powertrain applications. This is the case where lead is used as a bonding agent 
to connect elastomer ducts or elastomer parts on metal. Therefore, it is proposed to include a 
new entry for this specific application without time-limitation. 

Entry 9 of this Proposal (brake linings) 

The exemption for the use of lead in the copper of brake-linings of 0,5% lead by weight for 
vehicles  type-approved  before  1  July  2003  and  the  servicing  of  these  vehicles  expired  on  1 
July  2004  (entry  12  of  the  current  Annex  II,  as  amended  by  Commission  Decision 
2002/525/EC). However, the third note of the current Annex II allows to use up to 0,4% lead 
until  1  July  2007,  provided  that  lead  is  not  intentionally  introduced.  The  proposed  entry  9 
specifies that this 0,4% can only be used in friction materials of the brake systems. Given the 
technical  irrelevance  of  the  condition  that  lead  may  not  be  intentionally  introduced,  it  is 
proposed to delete this condition.  

Entry 10 of this Proposal (valve seats) 

As regards the exemption for the use of lead in valve seats, which expires in July 2006 (entry 
13  of  the  current  Annex  II,  as  amended  by  Commission  Decision  2002/525/EC),  some 
stakeholders  have  indicated  that  the  change  of  running  series  requires  intensive  durability 
tests and that in case of unsuccessful tests the total engine needs to be redeveloped. In order to 
guarantee road safety, it is proposed to prolong the expiry date with one year. 

Entry 12 of this Proposal (pyrotechnic initiators) 

As regards the exemption for the use of lead in pyrotechnic initiators, which expires on 1 July 
2007 (entry 16 of the current Annex II), the assessment shows that substitutes are available 
for new models in the near future. However, the technical assessment shows that there exist 
different generations of air-bag systems. New generations incorporate the control electronics 
into the initiators and future generations of air-bag systems will include more electronics to 
ease their application to different vehicle types. For existing models, the component parts of 
the  various  generations  of  air-bag  systems  are  not  interchangeable  and  component  parts  of 
one type cannot be replaced by those of another type, should the air-bags have to be replaced 
after  an  accident.  Therefore, it  is  proposed  that  new  models  (vehicles type-approved  after  1 
July  2006)  should  be  lead-free  and  that  old  models  (vehicles  type-approved  before  1  July 
2006) and their replacement parts are exempt without time-limitation. 

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Entry 13 a) and b) of this Proposal (corrosion preventive coatings) 

As  regards  the  exemption  for  the  use  of  hexavalent  chromium  in  corrosion  preventive 
coatings,  which  expires  on  1  July  2007  (entry  17  of  the  current  Annex  II,  as  amended  by 
Commission  Decision  2002/525/EC),  the  assessment  shows  that  for  many  applications 
substitutes exist. For the use of hexavalent chromium in corrosion protection related to bolt 
and nut assemblies for chassis applications there are no substitutes available at this moment. 
Therefore, it is proposed to prolong the exemption for this specific application with one year 
and  review  this  exemption  in  order  to  ensure  that  no  accidental  disconnection  of  essential 
mechanical parts can occur in the lifetime of vehicles. 

Entry 17 of this Proposal (batteries for electrical vehicles) 

The current exemption for the use of cadmium in batteries for electrical vehicles expires on 31 
December  2005.  The  use  of  cadmium  in  batteries  for  electrical  vehicles  is  allowed  without 
time-limitation as replacement parts for vehicles put on the market before 31 December 2005 
(entry 21 of the current Annex II, as amended by Commission Decision 2002/525/EC). The 
SUBAT  study  (http://www.battery-electric.com/subatdocs/WP5-006.pdf)  concluded 
that 
nowadays  (2005)  for  pure  electrical  vehicles,  lithium-ion  technologies  are  the  most  suitable 
solutions,  followed  by  sodium-nickel  chloride,  lead-acid,  nickel-metal  hydride  and  nickel-
cadmium.  However,  it  is  disputed  whether  at  this  moment  these  substitutes  are  tested  and 
ready for production on a large scale. During the Electrical Vehicle Conference in Monaco in 
April  2005,  SAFT  promoted  the  lithium-ion  battery  technology  for  electrical  vehicles.  In  a 
press release it is stated that “in France, this technology is developed by SAFT. This type of 
storage battery is still very little used, mainly because of its cost. It is due to be fitted on the 
vehicles 
(see 
company 
http://evs21.org/IMG/pdf/new_battery_technology.pdf). 

and  DASSAULT  ASSOCIÉS).” 

(HEULIEZ 

SVE 

of 

The SUBAT study further claims that some time should be given to the vehicle manufacturers 
to adapt their production models  and  to  integrate  some  more environmentally  sound battery 
technologies in their vehicles. They state that “during the discussion the consortium had with 
various  stakeholders,  this  cannot  be  performed  within  about  5  years”.  Furthermore,  the 
European car producers requested an exemption for the use of cadmium in electrical vehicles 
until 2008.  

On the basis of the foregoing, it is proposed to extend the expiry date of this exemption to 31 
December  2008,  for  reasons  of  maintaining  the  availability  of  electrical  vehicles:  this  extra 
time is needed in order to increase the capacity of the new battery technologies and for the car 
manufacturers  to  make  the  necessary  adaptations  to  their  production  models  in  order  to 
incorporate this new battery technology. 

It is proposed to review this exemption by the end of 2007 in order to ensure the availability 
of alternative battery technologies and electrical vehicles. 

Entry 18 of this Proposal (optical components in glass matrixes used for Driver Assistance 
Systems) 

It  is  proposed  to  include  an  additional  exemption  for  the  use  of  cadmium  in  optical 
components in a glass matrix used for Driver Assistance Systems in automobiles until 1 July 
2007. The Driver Assistance System would improve the visibility for a car driver on the basis 
of a camera. The glass matrix of the camera (500 mg) will contain 1% (5 mg) cadmium. The 

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use of cadmium in this application is for the moment unavoidable from a technical point of 
view. However, alternatives are under development. 

On  the  basis  of  this  assessment,  the  Commission  submitted  a  draft  decision  for  vote  in  the 
Committee established under Article 18 of Directive 75/442/EEC on waste on 28 April 2005. 
There was no qualified majority in favour of the draft decision.  

Thus,  in  accordance  with  the  procedure  set  out  in  Article  5  (4)  of  Council  Decision 
1999/468/EC (4) a Proposal for a Council Decision is submitted to the Council. If the Council 
has  not  acted  within  three  months  from  the  date  of  referral  of  the  proposal,  the  proposed 
measures shall be adopted by the Commission. 

4 

OJ L 184, 17.7.1999, p. 23. 

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Proposal for a 

COUNCIL DECISION 

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) 

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 (5), and in particular Article 4(2)(b) thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

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. 

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

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. 

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. 

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 

5 

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). 

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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) 

(8) 

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. 

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:  

Without  prejudice  to  Commission  Decision  2005/438/EC  (6),  Annex  II  to  Directive 
2000/53/EC is replaced by the text set out in the Annex to this Decision. 

Article 1 

Article 2 

This Decision shall apply from 1 July 2005. 

Article 3 

This Decision is addressed to the Member States. 

Done at Brussels,  

For the Council 
The President 

6 

OJ L 152, 15.6.2005, p. 19.  

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ANNEX 

“Annex II 

Materials and components exempt from Article 4(2)(a) 

Materials and components 

Scope and expiry 
date of the 
exemption 

To be labelled or made 
identifiable in 
accordance with Article 
4(2)(b)(iv) 

Lead as an alloying element 

1.  Steel 
for  machining  purposes  and 
galvanised steel containing up to  0,35%  lead 
by weight 

2 a) Aluminium for machining purposes with 
a lead content up to 1,5 % by weight 

1 July 2008 

2 b) Aluminium for machining purposes with 
a lead content up to 0,4% by weight 

3. Copper alloy containing up to 4% lead by 
weight 

4. Bearing shells and bushes 

1 July 2008 

Lead and lead compounds in components 

1 July 2006 

5. Batteries 

6. Vibration dampers 

7  a).  Vulcanising  agents  and  stabilisers  for 
elastomers  in  fluid  handling  and  powertrain 
applications  containing  up  to  0,5%  lead  by 
weight 

7  b)  Bonding  agents  for  elastomers 
powertrain  applications  containing  up 
0,5% lead by weight 

in 
to 

8.  Solder  in  electronic  circuit  boards  and 
other electric applications 

9.  Copper  in  friction  materials  of  brake 
linings  containing  more  than  0,4%  lead  by 
weight 

1 July 2007 

X 

X 

Xi 

X 

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10. Valve seats 

11. Electrical components which contain lead 
in a glass or ceramic matrix compound except 
glass in bulbs and glaze of spark plugs 

12. Pyrotechnic initiators 

types 
Engine 
developed  before  1 
July  2003:  1  July 
2007 

Vehicles 
type-
approved  before  1 
and 
2006 
July 
replacement 
initiators  for 
vehicles 

these 

Hexavalent chromium  

13 a). Corrosion preventive coatings  

1 July 2007 

Xii (for components other 
than piezo in engines) 

13 b) Corrosion preventive coatings related to 
bolt 
chassis 
applications 

assemblies 

and  nut 

for 

1 July 2008 

14. Absorption refrigerators in motorcaravans 

Mercury 

15.  Discharge  lamps  and  instrument  panel 
displays 

Cadmium 

16. Thick film pastes 

1 July 2006 

17. Batteries for electrical vehicles  

After  31  December 
2008,  the  placing  on 
the  market  of  NiCd 
batteries  shall  only 
be 
as 
allowed 
replacement parts for 
vehicles  put  on  the 
market  before 
this 
date. 

X 

X 

X 

18.  Optical  components  in  glass  matrixes 
used for Driver Assistance Systems  

1 July 2007 

X 

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Notes: 

–  A maximum concentration value up to 0,1% by weight and per homogeneous material, for 
lead,  hexavalent  chromium  and  mercury  and  up  to  0,01%  by  weight  per  homogeneous 
material for cadmium shall be tolerated. 

–  The re-use of parts of vehicles which were already on the market at the date of expiry of an 

exemption is allowed without limitation since it is not covered by Article 4(2)(a). 

i 
Dismantling if, in correlation with entry 11, an average threshold of 60 grams per vehicle is exceeded. 
For  the  application  of  this  clause,  electronic  devices  not  installed  by  the  manufacturer  on  the  production  line 
shall not be taken into account. 

ii 
Dismantling if, in correlation with entry 8, an average threshold of 60 grams per vehicle is exceeded. 
For  the  application  of  this  clause,  electronic  devices  not  installed  by  the  manufacturer  on  the  production  line 
shall not be taken into account. “ 

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