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.