L 225/10 Official Journal of the European Union 23.8.2008 II (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 1 August 2008 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(2008) 4017) (Text with EEA relevance) (2008/689/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)(b) thereof, Whereas: 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 and under the conditions specified therein. According to Article 4(2)(b) of Directive 2000/53/EC, Annex II to that Directive is to be adapted to scientific and technical progress by the Commission on a regular basis. Annex II to Directive 2000/53/EC lists vehicle materials and components exempted from the heavy metal ban contained in Article 4(2)(a) thereof. Several of these exemptions expire on dates specified in that Annex. Vehicles put on the market before the expiry date of a given exemption may contain heavy metals in (") OJ L 269, 21.10.2000, p. 34. Directive as last amended by Directive 2008/33/EC (O] L 81, 20.3.2008, p. 62). materials and components listed in Annex II to Directive 2000/53/EC. Certain exemptions from the prohibition contained in Article 4(2)(a) of Directive 2000/53/EC should not be prolonged because the use of lead, mercury, cadmium or hexavalent chromium in those applications has become avoidable by technical progress. Certain materials and components containing lead, mercury, cadmium or hexavalent chromium should continue to be exempt from the prohibition of Article 4(2)(a), since the use of these substances in those specific materials and components is still unavoidable. In some cases it is appropriate to review the expiry date of these exemptions in order to provide sufficient time to eliminate the prohibited substances in the future. Annex II to Directive 2000/53/EC as amended by Commission Decision 2005/438/EC 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 () provides, in the third indent of the Notes, that 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) of Directive 2000/53/EC. This exemption allows for the repair of vehicles put on the market before the entry into force of the heavy metal ban contained in Article 4(2)(a) of Directive 2000/53/EC with spare parts meeting the same quality and safety requirements as the parts with which they were originally equipped. () 0] L 152, 15.6.2005, p. 19.