Commission Decision
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
(notified under document number C(2005) 1707)
(Text with EEA relevance)
(2005/438/EC)

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,
OJ L 269, 21.10.2000, p. 34. Directive as last amended by Commission Decision 2002/525/EC (OJ L 25, 28.1.2005, p. 73).
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,
OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003 p. 1).
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).
This clause does not apply to wheel balance weights, carbon brushes for electric motors and brake linings as these components are covered by specific entries’.’.

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