2005/438/EC: 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)

• Published date: 15 June 2005
• Subject Matter: Environment,Internal market - Principles,Technical barriers
• Official Gazette Publication: Official Journal of the European Union, L 152, 15 June 2005

15.6.2005 EN Official Journal of the European Union L 152/19

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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 (1), 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 (2),

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) (3).

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

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(1) 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).

(2) 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).

(3) This clause does not apply to wheel balance weights, carbon brushes for electric motors and brake linings as these...