2008/689/EC: Commission Decision of 1 August 2008 amending Annex II to Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles (notified under document number C(2008) 4017) (Text with EEA relevance)
Date: 2008-08-01
Institutions: European Commission
Subjects: general mechanical engineering, heavy metal, market approval, motor vehicle industry, product safety, spare part, technical specification

L 225/10

EN

Official Journal of the European Union

23.8.2008

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 1 August 2008

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

(notified under document number C(2008) 4017)

(Text with EEA relevance)

(2008/689/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

materials
Directive 2000/53/EC.

and components

listed in Annex II

to

(3)

(4)

(5)

Having regard to the Treaty
Community,

establishing the European

Having regard to Directive 2000/53/EC of
the European
the Council of 18 September 2000 on
Parliament and of
end-of-life vehicles (1), and in particular Article 4(2)(b) thereof,

Whereas:

(1)

(2)

Article 4(2)(a) of Directive 2000/53/EC prohibits the use
of lead, mercury, cadmium or hexavalent chromium in
materials and components of vehicles put on the market
after 1 July 2003, other than in cases listed in Annex II
to that Directive and under the conditions specified
to Article 4(2)(b) of Directive
therein. According
2000/53/EC, Annex II
to be
adapted to scientific and technical progress by the
Commission on a regular basis.

to that Directive

is

Annex II to Directive 2000/53/EC lists vehicle materials
and components exempted from the heavy metal ban
contained in Article 4(2)(a)
these
exemptions expire on dates specified in that Annex.
Vehicles put on the market before the expiry date of
in
a given exemption may contain heavy metals

thereof. Several of

Certain exemptions from the prohibition contained in
Article 4(2)(a) of Directive 2000/53/EC should not be
prolonged because the use of lead, mercury, cadmium
or hexavalent
chromium in those applications has
become avoidable by technical progress.

to be

exempt

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

components

and

is

to Directive 2000/53/EC of

Annex II
to Directive 2000/53/EC as amended by
Commission Decision 2005/438/EC of 10 June 2005
amending Annex II
the
European Parliament and of the Council on end-of-life
vehicles (2) provides, in the third indent of the Notes, that
spare parts put on the market after 1 July 2003 which
are used for vehicles put on the market before 1 July
2003 are exempted from the provisions of Article 4(2)(a)
of Directive 2000/53/EC. This exemption allows for the
repair of vehicles put on the market before the entry into
force of the heavy metal ban contained in Article 4(2)(a)
of Directive 2000/53/EC with spare parts meeting the
same quality and safety requirements as the parts with
which they were originally equipped.

(1) OJ L 269, 21.10.2000, p. 34. Directive as last amended by Directive

2008/33/EC (OJ L 81, 20.3.2008, p. 62).

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

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Official Journal of the European Union

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(6)

(7)

(8)

Spare parts for vehicles put on the market after 1 July
2003 but before the expiry date of a given exemption of
Annex II to Directive 2000/53/EC are not covered by the
third indent of the Notes thereto. Hence, spare parts for
those vehicles must be heavy metal free, even if they are
used to replace parts which originally contained heavy
metals.

fit

is technically impossible to repair
In certain cases it
vehicles with spare parts other than original ones as
this would require changes in dimensional and functional
properties of entire vehicle systems. Such spare parts
cannot
into the vehicle systems originally manu­
factured with parts containing heavy metals and these
vehicles cannot be repaired and may need to be prema­
turely disposed of. As a result, Annex II needs to be
amended accordingly. This decision should affect only a
limited number of vehicles and vehicle materials and
components and for a limited period of time.

As consumer safety is essential and product reuse, refur­
bishment and extension of life-time are beneficial for the
environment, spare parts should be available for the
repair of vehicles which were put on the market
between 1 July 2003 and the expiry date of a given
exemption. The use of lead, mercury, cadmium or hexa­
valent chromium in materials and components used in
spare parts for the repair of such vehicles should thus be
tolerated.

(9)

It
the
is appropriate to harmonize the wording of
exemptions with the other environmental directives
related to waste where similar exemptions are mentioned.

(10) Directive 2000/53/EC should therefore be amended

accordingly.

(11)

The measures provided for
in this Decision are in
accordance with the opinion of the Committee estab­
lished under Article 18(1) of Directive 2006/12/EC of
the European Parliament and of the Council of 5 April
2006 on waste (1),

HAS ADOPTED THIS DECISION:

Article 1

Annex II to Directive 2000/53/EC is replaced by the text set out
in the Annex to this Decision.

Article 2

This Decision shall enter into force on the third day following
its publication in the Official Journal of the European Union.

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 1 August 2008.

For the Commission

Stavros DIMAS
Member of the Commission

(1) OJ L 114, 27.4.2006, p. 9.

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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.

for machining purposes and galvanised steel

Steel
containing up to 0,35 % lead by weight

2(a). Aluminium for machining purposes with a lead content

up to 2 % by weight

As spare parts for vehicles put on
the market before 1 July 2005

2(b). Aluminium with a lead content up to 1,5 % by weight As spare parts for vehicles put on

the market before 1 July 2008

2(c). Aluminium with a lead content up to 0,4 % by weight

3.

Copper alloy containing up to 4 % lead by weight

4(a). Bearing shells and bushes

4(b). Bearing shells and bushes in engines, transmissions and

air conditioning compressors

As spare parts for vehicles put on
the market before 1 July 2008

1 July 2011 and after that date as
spare parts for vehicles put on the
market before 1 July 2011

Lead and lead compounds in components

5.

6.

Batteries

Vibration dampers

7(a). Vulcanising agents and stabilisers

for elastomers in
brake
hoses,
ventilation
elastomer/metal parts in the chassis applications, and
engine mountings

hoses,

hoses,

fuel

air

7(b). Vulcanising agents and stabilisers

hoses,

for elastomers in
brake
hoses,
ventilation
elastomer/metal parts in the chassis applications, and
engine mountings containing up to 0,5 % lead by
weight

hoses,

fuel

air

As spare parts for vehicles put on
the market before 1 July 2005

As spare parts for vehicles put on
the market before 1 July 2006

7(c). Bonding agents for elastomers in powertrain appli­
cations containing up to 0,5 % lead by weight

1 July 2009

8(a).

Solder in electronic circuit boards and other electrical
applications except on glass

8(b).

Solder in electrical applications on glass

type

approved

Vehicles
before
31 December 2010 and spare
parts for these vehicles (review in
2009)

type

approved

Vehicles
before
31 December 2010 and spare
parts for these vehicles (review in
2009)

X

X

X (1)

X (1)

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Materials and components

Scope and expiry date of the exemption

9.

Valve seats

As spare parts for engine types
developed before 1 July 2003

10.

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

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

X (2)
(for components
other than piezo
in engines)

11.

Pyrotechnic initiators

Hexavalent chromium

12(a). Corrosion preventive coatings

type

Vehicles
before
1 July 2006 and spare parts for
these vehicles

approved

As spare parts for vehicles put on
the market before 1 July 2007

12(b). Corrosion preventive coatings related to bolt and nut

assemblies for chassis applications

As spare parts for vehicles put on
the market before 1 July 2008

13.

Absorption refrigerators in motorcaravans

Mercury

14(a). Discharge lamps for headlight application

14(b). Fluorescent tubes used in instrument panel displays

Cadmium

15.

Batteries for electrical vehicles

X

X

X

type

Vehicles
before
1 July 2012 and spare parts for
these vehicles

approved

type

Vehicles
before
1 July 2012 and spare parts for
these vehicles

approved

31 December 2008 and after that
date as spare parts for vehicles put
on the market before 31 December
2008

(1) Dismantling if, in correlation with entry 10, 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.

(2) 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.

Notes:

A maximum concentration value up to 0,1 % by weight and in homogeneous material, for lead, hexavalent chromium
and mercury and up to 0,01 % by weight in 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 shall be allowed
without limitation since it is not covered by Article 4(2)(a).

Spare parts put on the market after 1 July 2003 which are used for vehicles put on the market before 1 July 2003 shall
be exempted from the provisions of Article 4(2)(a) (*).

(*) This clause shall not apply to wheel balance weights, carbon brushes for electric motors and brake linings.’