Address https://gelex.eu/eli/EU/decision/2005/438@2005-06-10/en

Contents

1. Preamble
2. 1. Article 1
   2. Article 2

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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, and in particular Article 4(2)(a) thereof,

Whereas:

(1) 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, under the conditions specified therein.

(2) As product reuse, refurbishment and extension of life-time are beneficial, spare parts need to be available for the repair of vehicles which were already put on the market on 1 July 2003. The use of lead, mercury, cadmium or hexavalent chromium in spare parts put on the market after 1 July 2003 for the repair of such vehicles should thus be tolerated.

(3) Directive 2000/53/EC should therefore be amended accordingly.

(4) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Council Directive 75/442/EEC,

HAS ADOPTED THIS DECISION:

Article 1

In Annex II to Directive 2000/53/EC the fifth indent of the Notes is replaced by the following:

— 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).

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 10 June 2005. For the Commission Stavros Dimas Member of the Commission

Versions

1. 2005-06-10

Cited by

• 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) Decision · Grade B

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

• 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) Decision · Grade B

  Annex II to Directive 2000/53/EC as amended by Commission Decision 2005/438/EC of 10 June 2005 amending Annex II to Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles 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 Dire