
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,
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