Commission Delegated Directive (EU) 2023/544 of 16 December 2022 amending Directive 2000/53/EC of the European Parliament and of the Council as regards the exemptions for the use of lead in aluminium alloys for machining purposes, in copper alloys and in certain batteries (Text with EEA relevance)

Article 1

Annex II to Directive 2000/53/EC is replaced by the text set out in the Annex to this Directive.

Article 2

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 June 2023. They shall forthwith communicate to the Commission the text of those provisions.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2.   Member States shall communicate to the Commission the text of the main provisions of national law, which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

Article 4

This Directive is addressed to the Member States.

ANNEX

ANNEX
‘ANNEX II
Materials and components exempt from Article 4(2), point (a)
A maximum concentration value of substances up to 0,1 % by weight in homogeneous material for lead, hexavalent chromium and mercury and up to 0,01 % by weight in homogeneous material for cadmium shall be tolerated.
Spare parts put on the market after 1 July 2003 which are used for vehicles put on the market before 1 July 2003, except for wheel balance weights, carbon brushes for electric motors and brake linings, shall be exempted from Article 4(2), point (a), of Directive 2000/53/EC.
Materials and components
Scope and expiry date of the exemption
To be labelled or made identifiable in accordance with Article 4(2), point (b)(iv)
Lead as an alloying element
1(a).
Steel for machining purposes and batch hot dip galvanised steel components containing up to 0,35 % lead by weight
1(b).
Continuously galvanised steel sheet containing up to 0,35 % lead by weight
Vehicles type approved before 1 January 2016 and spare parts for these vehicles
2(a).
Aluminium for machining purposes with a lead content up to 2 % by weight
As spare parts for vehicles put on the market before 1 July 2005
2(b).
Aluminium with a lead content up to 1,5 % by weight
As spare parts for vehicles put on the market before 1 July 2008
2(c)(i).
Aluminium alloys for machining purposes with a lead content up to 0,4 % by weight
Vehicles type-approved before 1 January 2028 and spare parts for these vehicles
2(c)(ii).
Aluminium alloys not included in entry 2(c)(i) with a lead content up to 0,4 % by weight  ( 2 )
( 1 )
3.
Copper alloys containing up to 4 % lead by weight
( 3 )
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, transmissions and air conditioning compressors
As spare parts for vehicles put on the market before 1 July 2011
Lead and lead compounds in components
5(a).
Lead in batteries used in high-voltage systems  ( 4 ) that are used only for propulsion in M1 and N1 vehicles
Vehicles type approved before 1 January 2019 and spare parts for these vehicles
X
5(b)(i).
Lead in batteries:
(1)
used in 12 V applications
(2)
used in 24 V applications in special purpose vehicles as defined in Article 3 of Regulation (EU) 2018/858  ( 7 ) of the European Parliament and of the Council
( 3 )
X
5(b)(ii).
Lead in batteries used in applications not included in entry 5(a) or entry 5(b)(i)
Vehicles type approved before 1 January 2024 and spare parts for these vehicles
X
6.
Vibration dampers
Vehicles type approved before 1 January 2016 and spare parts for these vehicles
X
7(a).
Vulcanising agents and stabilisers for elastomers in brake hoses, fuel hoses, air ventilation hoses, elastomer/metal parts in the chassis applications, and engine mountings
As spare parts for vehicles put on the market before 1 July 2005
7(b).
Vulcanising agents and stabilisers for elastomers in brake hoses, fuel hoses, air ventilation hoses, elastomer/metal parts in the chassis applications, and engine mountings containing up to 0,5 % lead by weight
As spare parts for vehicles put on the market before 1 July 2006
7(c).
Bonding agents for elastomers in powertrain applications containing up to 0,5 % lead by weight
As spare parts for vehicles put on the market before 1 July 2009
8(a).
Lead in solders to attach electrical and electronic components to electronic circuit boards and lead in finishes on terminations of components other than electrolyte aluminium capacitors, on component pins and on electronic circuit boards
Vehicles type approved before 1 January 2016 and spare parts for these vehicles
X  ( 5 )
8(b).
Lead in solders in electrical applications other than soldering on electronic circuit boards or on glass
Vehicles type approved before 1 January 2011 and spare parts for these vehicles
X  ( 5 )
8(c).
Lead in finishes on terminals of electrolyte aluminium capacitors
Vehicles type approved before 1 January 2013 and spare parts for these vehicles
X  ( 5 )
8(d).
Lead used in soldering on glass in mass airflow sensors
Vehicles type approved before 1 January 2015 and spare parts of these vehicles
X  ( 5 )
8(e).
Lead in high melting temperature type solders (i.e. lead-based alloys containing 85 % by weight or more lead)
( 1 )
X  ( 5 )
8(f)(i).
Lead in compliant pin connector systems
Vehicles type approved before 1 January 2017 and spare parts for these vehicles
X  ( 5 )
8(f)(ii).
Lead in compliant pin connector systems other than the mating area of vehicle harness connectors
Vehicles type approved before 1 January 2024 and spare parts for these vehicles
X  ( 5 )
8(g)(i).
Lead in solders to complete a viable electrical connection between semiconductor die and carrier within integrated circuit flip chip packages
Vehicles type approved before 1 October 2022 and spare parts for these vehicles
X  ( 5 )
8(g)(ii).
Lead in solders to complete a viable electrical connection between the semiconductor die and the carrier within integrated circuit flip chip packages where that electrical connection consists of any of the following:
(1)
a semiconductor technology node of 90 nm or larger;
(2)
a single die of 300 mm
2
or larger in any semiconductor technology node;
(3)
stacked die packages with dies of 300 mm
2
or larger, or silicon interposers of 300mm
2
or larger.
( 1 )
Vehicles type-approved from 1 October 2022 and spare parts for these vehicles
X  ( 5 )
8(h).
Lead in solder to attach heat spreaders to the heat sink in power semiconductor assemblies with a chip size of at least 1 cm 2 of projection area and a nominal current density of at least 1 A/mm 2 of silicon chip area
Vehicles type approved before 1 January 2016 and spare parts for these vehicles
X  ( 5 )
8(i).
Lead in solders in electrical glazing applications on glass except for soldering in laminated glazing
Vehicles type approved before 1 January 2016 and spare parts for these vehicles
X  ( 5 )
8(j).
Lead in solders for soldering of laminated glazing
Vehicles type approved before 1 January 2020 and spare parts for these vehicles
X  ( 5 )
8(k).
Soldering of heating applications with 0,5 A or more of heat current per related solder joint to single panes of laminated glazings not exceeding wall thickness of 2,1 mm. This exemption does not cover soldering to contacts embedded in the intermediate polymer.
Vehicles type approved before 1 January 2024 and spare parts for these vehicles
X  ( 5 )
9.
Valve seats
As spare parts for engine types developed before 1 July 2003
10(a).
Electrical and electronic components, which contain lead in a glass or ceramic, in a glass or ceramic matrix compound, in a glass-ceramic material, or in a glass-ceramic matrix compound.
This exemption does not cover the use of lead in:
(i)
glass in bulbs and glaze of spark plugs,
(ii)
dielectric ceramic materials of components listed under 10(b), 10(c) and 10(d).
X  ( 6 ) (for components other than piezo in engines)
10(b).
Lead in PZT based dielectric ceramic materials of capacitors being part of integrated circuits or discrete semiconductors
10(c).
Lead in dielectric ceramic materials of capacitors with a rated voltage of less than 125 V AC or 250 V DC
Vehicles type approved before 1 January 2016 and spare parts for these vehicles
10(d).
Lead in the dielectric ceramic materials of capacitors compensating the temperature-related deviations of sensors in ultrasonic sonar systems
Vehicles type approved before 1 January 2017 and spare parts for these vehicles
11.
Pyrotechnic initiators
Vehicles type approved before 1 July 2006 and spare parts for these vehicles
12.
Lead-containing thermoelectric materials in automotive electrical applications to reduce CO 2 emissions by recuperation of exhaust heat
Vehicles type approved before 1 January 2019 and spare parts for these vehicles
X
Hexavalent chromium
13(a).
Corrosion preventive coatings
As spare parts for vehicles put on the market before 1 July 2007
13(b).
Corrosion preventive coatings related to bolt and nut assemblies for chassis applications
As spare parts for vehicles put on the market before 1 July 2008
14.
Hexavalent chromium as an anti-corrosion agent of the carbon steel cooling system in absorption refrigerators up to 0,75 % by weight in the cooling solution:
(a)
designed to operate fully or partly with electrical heater, having an average utilised electrical power input < 75W at constant running conditions;
(b)
designed to operate fully or partly with electrical heater, having an average utilised electrical power input ≥ 75W at constant running conditions;
(c)
designed to fully operate with non-electrical heater.
For (a): Vehicles type approved before 1 January 2020 and spare parts for these vehicles
For (b): Vehicles type approved before 1 January 2026 and spare parts for these vehicles
X
Mercury
15(a).
Discharge lamps for headlight application
Vehicles type approved before 1 July 2012 and spare parts for these vehicles
X
15(b).
Fluorescent tubes used in instrument panel displays
Vehicles type approved before 1 July 2012 and spare parts for these vehicles
X
Cadmium
16.
Batteries for electrical vehicles
As spare parts for vehicles put on the market before 31 December 2008
Notes to the table:
( 1 )   This exemption shall be reviewed in 2024.
( 2 )   Applies to aluminium alloys where lead is not intentionally introduced, but is present due to the use of recycled aluminium.
( 3 )   This exemption shall be reviewed in 2025.
( 4 )   Systems that have a voltage of > 75 V DC as provided for in Article 1 of Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits ( OJ L 96, 29.3.2014, p. 357 ).
( 5 )   Dismantling if, in correlation with entry 10(a), an average threshold of 60 grams per vehicle is exceeded. For the purposes of this note electronic devices not installed by the manufacturer on the production line shall not be taken into account.
( 6 )   Dismantling if, in correlation with entries 8(a) to 8(k), an average threshold of 60 grams per vehicle is exceeded. For the purposes of this note electronic devices not installed by the manufacturer on the production line shall not be taken into account.’
( 7 )   Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC ( OJ L 151, 14.6.2018, p. 1 ).

Commission Delegated Directive (EU) 2023/544 of 16 December 2022 amending Directive 2000/53/EC of the European Parliament and of the Council as regards the exemptions for the use of lead in aluminium alloys for machining purposes, in copper alloys and in certain batteries (Text with EEA relevance)

Schedules & Appendices

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