CELEX: 
Language: en
Date: 2019-12-17 00:00:00
Title: COMMISSION DELEGATED DIRECTIVE (EU) .../… amending Annex II to Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles as regards certain exemptions for lead and lead compounds in components

EUROPEAN
                          COMMISSION
                                                   Brussels, 17.12.2019
                                                   C(2019) 9121 final
               COMMISSION DELEGATED DIRECTIVE (EU) .../…
                                       of 17.12.2019
   amending Annex II to Directive 2000/53/EC of the European Parliament and of the
     Council on end-of-life vehicles as regards certain exemptions for lead and lead
                               compounds in components
                                (Text with EEA relevance)
EN                                                                                   EN
 ---pagebreak---                                     EXPLANATORY MEMORANDUM
   CONTEXT OF THE DELEGATED ACT
   This Commission Delegated Directive amends, for the purpose of adapting to technical and
   scientific 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 four exemptions 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 and under
   Article 1(1) of Directive (EU) 2018/849 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 electrical and electronic equipment2.
   The ELV Directive restricts the use of certain hazardous substances in materials and
   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 chromium3.
   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
   technical and scientific progress. Furthermore, Article 1 of Directive (EU) 2018/849
   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.
   CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT
   The current exemptions 8(e), 8(f)(b), 8(g) and 8(j) in Annex II permit the use of lead in
   solders. Annex II to the ELV Directive4 provides that exemptions 8(e), 8(f)(b) and 8(g) shall
   be reviewed in 2019 and exemption 8(j) has been re-assessed in view of the latest information
   on technical difficulties in this area.
   With a view to evaluating these exemptions, the Commission launched a study to carry out
   the required technical and scientific assessment5, including an eight-week online open-ended
   stakeholder consultation.
   For exemption 8(e) it was assessed the progress achieved on component and material level
   since the last review in 2015/2016 (7th amendment of Annex II), in particular whether the
   substitution or elimination of lead is still technically and scientifically impracticable for attach
   of small dies. Furthermore, available lead-free solutions were investigated as to whether and
   how far they can be or are already qualified for use in automotive applications. The
   information available by the stakeholders suggests that the use of lead is still unavoidable. A
   review is proposed in 2024.
   For exemption 8(f)(b) the assessment showed that lead-free compliant pin connector systems
   (CoPICS) are increasingly available. However, as some additional time is needed to
   1
           OJ L 269, 21.10.2000, p.34.
   2
           OJ L 150, 14.6.2018, p. 93
   3
        See Article 4(2)(a) of the ELV Directive.
   4
           Commission Directive (EU) 2017/2096 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
           http://ec.europa.eu/environment/waste/elv/events_en.htm.
EN                                                       1                                               EN
 ---pagebreak---    accommodate the automotive industry’s responsibility for the safety of their products, the
   exemption will be ended by 31 December 2023.
   Exemption 8(g) is relevant for all automotive models being designed, produced and currently
   on the market. Some examples of applications used in vehicles are electronic stability control
   system, advance emergency braking systems, distance control, lane departure warning system,
   frontal projection systems, pedestrian protection, hydrogen and hybrid cars, car radios, vision
   systems, navigation. The report also evaluated whether the new wording of exemption 15(a)
   of Annex III of Directive 2011/65/EU on the restriction of the use of certain hazardous
   substances in electrical and electronic equipment6 (RoHS Directive) can be adopted for
   exemption 8(g). However, a transition period is needed for the flip chip on lead frame (FCOL)
   to be adapted. Subsequently, the new wording granting an exemption with a more narrow
   scope, in alignment with the wording of exemption 15 of RoHS Annex III is introduced as
   from 1 October 2022. Until this time, the existing exemption remains valid. A review is
   proposed in 2024.
   For exemption 8(j) there are lead-free solutions. Although it cannot be excluded that lead
   could be replaced, there are still unsatisfactory testing results for some applications.
   Subsequently, in line with the EU policies and aquis, the existing exemption 8(j) expires by
   31 December 2019 and the new exemption 8(k) with a more narrow scope will be applicable
   until 31 December 2023.
   The final report containing the assessment of the exemptions was published.7
   The Commission consulted the Member States expert group for delegated acts under ELV
   during an expert meeting on 8 March 2019. The evaluation challenges, in particular for
   exemption 8(j) were discussed and the views of the Member States were collected. The
   Commission consulted the Member States expert group for delegated acts under ELV again
   on 3 September 2019 and their views were collected.
   The Council and the European Parliament were notified of the draft delegated act.
   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 (EU) 2018/849, and in
   particular meeting the relevant requirements of Article 1(1)(b) thereof.
   On the basis of the information collected, the Commission proposes the following:
   for exemptions 8(e) the use of lead remains unavoidable, therefore, the use of lead will be
   prolonged and a review date in 2024 is proposed;
   for exemption 8(g) the use of lead remains unavoidable, therefore the use of lead will be
   prolonged. However, it is proposed to keep the current wording until 30 September 2022 to
   allow the automotive industry to transition to the scope changes and a new exemption with a
   more narrow scope is proposed as from 1 October 2022 with a review date in 2024;
   for exemption 8(f)(b) the use of lead can be avoided, therefore, it is proposed to end the
   exemption for the use of lead;
   6
           OJ L 174, 1.7.2011, p. 88
   7
           https://ec.europa.eu/environment/waste/elv/events_en.htm
EN                                                       2                                         EN
 ---pagebreak---    exemption 8(j) gives exemption for the use of lead in solders for soldering of laminated
   glazing for vehicles type approved before 1 January 2020 and spare parts for these vehicles.
   For exemption 8(j) the use of lead can be avoided. However, there is no certainty that suitable
   alternatives to the use of lead exist at this time for some applications. It is therefore
   appropriate to narrow the scope of the exemption, with a limited continuation, as follows:
   8(k). Soldering of heating applications with 0.5A or more of heat current per related solder
   joint to single panes of laminated glazings not exceeding wall thickness of 2.1 mm. This
   exemption does not cover soldering to contacts embedded in the intermediate polymer for
   vehicles type approved before 1 January 2024 and spare parts for these vehicles.
   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.
EN                                                3                                                EN
 ---pagebreak---                       COMMISSION DELEGATED DIRECTIVE (EU) .../…
                                              of 17.12.2019
       amending Annex II to Directive 2000/53/EC of the European Parliament and of the
         Council on end-of-life vehicles as regards certain exemptions for lead and lead
                                      compounds in components
                                       (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 vehicles8, and in particular Article 4(2)(b) thereof,
   Whereas:
   (1)    Pursuant to Article 4(2)(a) of Directive 2000/53/EC, Member 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 prohibition pursuant to Article 4(2)(a) thereof. Pursuant to Annex II, exemptions
          8(e), 8(f)(b) and 8(g) are to be reviewed in 2019. Exemption 8(j) also needs to be re-
          assessed in view of the latest information on technical and scientific progress.
   (3)    An assessment of exemptions 8(e) and 8(g) in view of that information led to the
          conclusion that there are currently no suitable alternatives to the use of lead for the
          materials and components covered by those exemptions. A date for a new review of
          those exemptions should therefore be set. Exemption 8(g), however, should be further
          specified with a more narrow scope. In order to allow the automotive industry to
          adapt to those changes, the current scope of exemption 8(g) should be maintained for
          vehicles of a type approved before 1 October 2022, while the narrower scope of that
          exemption should apply for vehicles of a type approved from that date.
   (4)    The assessment of exemption 8(f)(b) leads to the conclusion that the use of lead in the
          applications covered by that exemption should not be prolonged because there are
          alternatives to the use of lead in those applications.
   (5)    The assessment of exemption 8(j) which gives an exemption to the use of lead in
          solders for soldering of laminated glazing led to the conclusion that, for some
          applications, there are alternatives to the use of lead in solders for soldering of
          laminated glazing. However, there are some glass panes and applications for which
          there is no certainty that suitable alternatives to the use of lead exist at this time. It is
          therefore appropriate to lay down a new, more limited, exemption 8(k) for those glass
          panes and applications.
   (6)    Exemption 8(j) applies only with respect to vehicles of a type approved before 1
          January 2020. In order to ensure that the use of lead continues to be exempted for
   8
         OJ L 269, 21.10.2000, p. 34.
EN                                                  4                                                   EN
 ---pagebreak---            those glass panes and applications for which there is no certainty that suitable
           alternatives to the use of lead exist at this time, it is necessary for the new exemption
           8(k) to apply as soon as possible. Therefore, this Directive should enter into force as a
           matter of urgency.
   (7)     Directive 2000/53/EC should therefore be amended accordingly.
   HAS ADOPTED THIS DIRECTIVE:
                                                Article 1
   Annex II to Directive 2000/53/EC is amended as set out in the Annex to this Directive.
                                                Article 2
   1.        Member States shall adopt and publish by (xxx one month after publication) at the
             latest, the laws, regulations and administrative provisions necessary to 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.        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, 17.12.2019
                                                  For the Commission
                                                  The President
                                                  Ursula VON DER LEYEN
EN                                                   5                                                EN
 ---documentbreak---                           EUROPEAN
                          COMMISSION
                                                   Brussels, 17.12.2019
                                                   C(2019) 9121 final
                                                   ANNEX
                                         ANNEX
                                            to
                            Commission Delegated Directive
   amending Annex II to Directive 2000/53/EC of the European Parliament and of the
     Council on end-of-life vehicles as regards certain exemptions for lead and lead
                               compounds in components
EN                                                                                   EN
 ---pagebreak---                                                   ANNEX
   Annex II to Directive 2000/53/EC is amended as follows:
   (1)    entry 8(e) is replaced by the following:
   8(e). Lead in high melting temperature type                    (2)          X
   solders (i.e. lead-based alloys containing
   85 % by weight or more lead)
   (2)      entry 8(f)(b) is replaced by the following:
   8(f)(b). Lead in compliant pin connector             Vehicles type-         X
   systems other than the mating area of vehicle        approved before
   harness connectors                                   1 January 2024 and
                                                        spare parts for these
                                                        vehicles
   (3)      entry 8(g) is replaced by the following:
   8(g)(i). Lead in solders to complete a viable        Vehicles type          X
   electrical connection between semiconductor          approved before 1
   die and carrier within integrated circuit flip       October 2022 and
   chip packages                                        spare parts for these
                                                        vehicles
   8(g)(ii). Lead in solders to complete a viable                 (2)          X
   electrical      connection       between       the   Valid for vehicles
   semiconductor die and the carrier within             type-approved from
   integrated circuit flip chip packages where          1 October 2022 and
   that electrical connection consists of any of        spare parts for these
   the following:                                       vehicles
   (i)    a semiconductor technology node of 90
          nm or larger;
   (ii) a single die of 300 mm₂ or larger in
          any semiconductor technology node;
   (iii) stacked die packages with dies of
          300 mm₂ or larger, or silicon
          interposers of 300 mm₂ or larger.
   (4)      the following entry 8(k) is inserted:
   8(k). Soldering of heating applications with         Vehicles          type X(4)
   0,5A or more of heat current per related             approved        before
   solder joint to single panes of laminated            1 January 2024 and
   glazings not exceeding wall thickness of             spare parts for these
   2,1 mm. This exemption does not cover                vehicles
   soldering to contacts embedded in the
   intermediate polymer
EN                                                    1                             EN