L 48/12 EN Official Journal of the European Union 25.2.

2010

DECISIONS

COMMISSION DECISION
of 23 February 2010
amending Annex II to Directive 2000/53/EC of the European Parliament and of the Council on
end-of-life vehicles
(notified under document C(2010) 972)
(Text with EEA relevance)

(2010/115/EU)

THE EUROPEAN COMMISSION, specific applications. Out of these, five materials and
components containing lead should continue to be
temporarily exempted from the prohibition set out in
Having regard to the Treaty on the Functioning of the European Article 4(2)(a) of Directive 2000/53/EC, since the use
Union, of these substances in those specific materials and
components is still technically or scientifically
unavoidable. It is therefore appropriate to prolong the
expiry date of these exemptions until the use of the
Having regard to Directive 2000/53/EC of the European
prohibited substances becomes avoidable.
Parliament and of the Council of 18 September 2000 on
end-of-life vehicles (1), and in particular Article 4(2)(b) thereof,

Whereas:
(4) Five other materials and components containing lead
should continue to be exempted from the prohibition
set out in Article 4(2)(a) of Directive 2000/53/EC
(1) Directive 2000/53/EC prohibits the use of lead, mercury,
without an expiry date since the use of these substances
cadmium or hexavalent chromium in materials and
in those specific materials and components is technically
components of vehicles put on the market after 1 July
or scientifically unavoidable and no viable alternatives are
2003, other than in cases listed in Annex II to that
envisaged in the near future. These exemptions should be
Directive and under the conditions specified therein.
reviewed in 2014 in the light of technical and scientific
Pursuant to Article 4(2)(b) of Directive 2000/53/EC,
progress to assess when the use of these substances will
Annex II to that Directive should be adapted to scientific
become avoidable. The exemption concerning lead in
and technical progress by the Commission on a regular
solders in electrical glazing applications on glass except
basis.
for soldering in laminated glazing should be reviewed by
1 January 2012 since substitutes for this application exist
but their technical properties need to be further tested
(2) Annex II to Directive 2000/53/EC lists vehicle materials and confirmed.
and components exempted from the prohibition set out
in Article 4(2)(a) of that Directive. Vehicles put on the
market before the expiry date of a given exemption may
contain lead, mercury, cadmium or hexavalent chromium
in materials and components listed in Annex II
to Directive 2000/53/EC. Commission Decision (5) In the case of lead and lead compounds in components
2008/689/EC of 1 August 2008 amending Annex II to in bonding agents for elastomers in power-train appli­
Directive 2000/53/EC of the European Parliament and of cations containing up to 0,5 % lead by weight, the
the Council on end-of-life vehicles (2) specifies that in the exemption should not be prolonged because the use of
case of solder in electronic circuit boards and other elec­ lead in this type of applications has become avoidable.
trical applications except on glass, described in point
(8)(a), and solder in electrical applications on glass,
described in point (8)(b), the exemptions should be
reviewed in 2009.
(6) Annex II to Directive 2000/53/EC provides that spare
parts put on the market after 1 July 2003 which are
(3) Technical and scientific assessment has demonstrated that used for vehicles put on the market before 1 July
these two exemptions should be split into 10 more 2003 are exempted from the prohibition set out in
Article 4(2)(a) of Directive 2000/53/EC. This exemption
(1) OJ L 269, 21.10.2000, p. 34. allows for the repair of vehicles put on the market before
(2) OJ L 225, 23.8.2008, p. 10. the entry into force of the prohibition of Article 4(2)(a)
25.2.2010 EN Official Journal of the European Union L 48/13

with spare parts meeting the same quality and safety (9) Directive 2000/53/EC should therefore be amended
requirements as the parts with which they were originally accordingly.
equipped.
(10) The measures provided for in this Decision are in
accordance with the opinion of the Committee
established under Article 18(1) of Directive 2006/12/EC
(7) Spare parts for vehicles put on the market after 1 July of the European Parliament and of the Council of 5 April
2003 but before the expiry date of a given exemption 2006 on waste (1),
under Annex II to Directive 2000/53/EC are not covered
by that exemption. Hence, spare parts for those vehicles HAS ADOPTED THIS DECISION:
must be heavy metal free, even if they are used to replace
parts which originally contained heavy metals.
Article 1
Annex II to Directive 2000/53/EC is replaced by the text set out
in the Annex to this Decision.
(8) In certain cases it is technically impossible to repair
vehicles with spare parts other than original ones as Article 2
this would require changes in dimensional and functional This Decision is addressed to the Member States.
properties of entire vehicle systems. Such spare parts
cannot fit into the vehicle systems originally manu­
factured with parts containing heavy metals and these
vehicles cannot be repaired and may need to be Done at Brussels, 23 February 2010.
prematurely disposed of. For reasons of consumer
safety and environmental benefits derived from the For the Commission
extension of the product’s lifetime it is appropriate to
allow the repair of these vehicle components with the Janez POTOČNIK
original parts. Member of the Commission

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

L 48/14 EN Official Journal of the European Union 25.2.2010

ANNEX

‘ANNEX II

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

To be labelled or made identifiable

Materials and components Scope and expiry date of the exemption 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 As spare parts for vehicles put on
lead content up to 2 % by weight the market before 1 July 2005

2(b). Aluminium with a lead content up to As spare parts for vehicles put on
1,5 % by weight 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 As spare parts for vehicles put on
the market before 1 July 2008

4(b). Bearing shells and bushes in engines, trans­ 1 July 2011 and after that date as
missions and air conditioning compressors spare parts for vehicles put on the
market before 1 July 2011

Lead and lead compounds in components

5. Batteries X

6. Vibration dampers X

7(a). Vulcanising agents and stabilisers for As spare parts for vehicles put on
elastomers in brake hoses, fuel hoses, air the market before 1 July 2005
ventilation hoses, elastomer/metal parts in
the chassis applications, and engine
mountings

7(b). Vulcanising agents and stabilisers for As spare parts for vehicles put on
elastomers in brake hoses, fuel hoses, air the market before 1 July 2006
ventilation hoses, elastomer/metal parts in
the chassis applications, and engine
mountings containing up to 0,5 % lead by
weight

7(c). Bonding agents for elastomers in power- As spare parts for vehicles put on
train applications containing up to 0,5 % the market before 1 July 2009
lead by weight

8(a). Lead in solders to attach electrical and elec­ Vehicles type approved before X (1 )
tronic components to electronic circuit 1 January 2016 and spare parts
boards and lead in finishes on terminations for these vehicles
of components other than electrolyte
aluminium capacitors, on component pins
and on electronic circuit boards
25.2.2010 EN Official Journal of the European Union L 48/15

To be labelled or made identifiable

Materials and components Scope and expiry date of the exemption in accordance with
Article 4(2)(b)(iv)

8(b). Lead in solders in electrical applications Vehicles type approved before X (1 )

other than soldering on electronic circuit 1 January 2011 and spare parts
boards or on glass for these vehicles

8(c). Lead in finishes on terminals of electrolyte Vehicles type approved before X (1 )

aluminium capacitors 1 January 2013 and spare parts
for these vehicles

8(d). Lead used in soldering on glass in mass Vehicles type approved before X (1 )
airflow sensors 1 January 2015 and spare parts
of such vehicles

8(e). Lead in high melting temperature type (2 ) X (1 )

solders (i.e. lead-based alloys containing
85 % by weight or more lead)

8(f). Lead in compliant pin connector systems (2 ) X (1 )

8(g). Lead in solders to complete a viable elec­ (2 ) X (1 )

trical connection between semiconductor
die and carrier within integrated circuit
flip chip packages

8(h). Lead in solder to attach heat spreaders to (2 ) X (1 )

the heat sink in power semiconductor
assemblies with a chip size of at least
1 cm2 of projection area and a nominal
current density of at least 1 A/mm2 of
silicon chip area

8(i). Lead in solders in electrical glazing appli­ Vehicles type approved before X (1 )
cations on glass except for soldering in 1 January 2013 and spare parts
laminated glazing for these vehicles (3)

8(j). Lead in solders for soldering in laminated (2 ) X (1 )

glazing

9. Valve seats As spare parts for engine types

developed before 1 July 2003

10. Electrical components which contain lead X (4) (for components other
in a glass or ceramic matrix compound than piezo in engines)
except glass in bulbs and glaze of spark
plugs

11. Pyrotechnic initiators Vehicles type-approved before

1 July 2006 and spare parts for
these vehicles

Hexavalent chromium

12(a). Corrosion preventive coatings As spare parts for vehicles put on

the market before 1 July 2007

12(b). Corrosion preventive coatings related to As spare parts for vehicles put on
bolt and nut assemblies for chassis the market before 1 July 2008
applications

13. Absorption refrigerators in motor caravans

L 48/16 EN Official Journal of the European Union 25.2.2010

To be labelled or made identifiable

Materials and components Scope and expiry date of the exemption in accordance with
Article 4(2)(b)(iv)

Mercury

14(a). Discharge lamps for headlight application Vehicles type approved before
1 July 2012 and spare parts for
these vehicles

14(b). Fluorescent tubes used in instrument panel Vehicles type approved before
displays 1 July 2012 and spare parts for
these vehicles

Cadmium

15. Batteries for electrical vehicles 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) This exemption shall be reviewed in 2014.
(3) This exemption shall be reviewed before 1 January 2012.
(4) Dismantling if, in correlation with entries 8(a) to 8(j), 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 reuse 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.’