Article 5

1. The presence of substances of concern in vehicles and in their parts and components shall be minimised as far as possible. 2. By 14 February 2028, the Commission shall prepare a report on the presence of substances of concern in vehicles, to determine the extent to which they negatively affect the reuse and recycling of materials or have an adverse effect on the environment or health. The Commission shall be assisted by the Agency on aspects of chemical safety. The report shall not cover substances of concern in vehicle parts and components for which an identification or assessment is already required by other Union legislation. The Commission shall submit the report to the European Parliament and to the Council, setting out its findings, and consider the appropriate follow-up measures. If a Member State considers that a substance negatively affects the reuse and recycling of materials in a vehicle in which it is present, it shall, by 14 February 2029, supply such information to the Commission and, on aspects of chemical safety, also to the Agency and, where available, refer to any relevant risk assessments or other relevant data. 3. The Commission is empowered to adopt delegated acts in accordance with Article 51 to supplement this Regulation by establishing information requirements and restrictions for the presence of substances of concern that negatively affect the reuse and recycling of materials in vehicles and in their parts and components for reasons not relating primarily to chemical safety. 4. Any vehicle type that is type-approved as from 1 September 2032, under Regulation (EU) 2018/858, or any new parts or components placed on the market for such a vehicle shall not contain lead, mercury, cadmium or hexavalent chromium. 5. By way of derogation from paragraph 4 of this Article, vehicle types or parts and components placed on the market for such vehicles may contain lead, mercury, cadmium or hexavalent chromium under the conditions and up to the maximum concentration values laid down in Annex IV to this Regulation. Paragraphs 2, 3 and 4 of this Article and this paragraph shall not apply to batteries incorporated in vehicles to which Regulation (EU) 2023/1542 applies. 6. The Commission is empowered to adopt delegated acts in accordance with Article 51 to amend Annex IV in order to adapt it to scientific and technical progress by: establishing maximum concentration values up to which the presence of lead, mercury, cadmium or hexavalent chromium in specific parts, components and homogenous materials of vehicles is to be tolerated; exempting certain parts, components and homogenous materials of vehicles from the prohibition on the presence of lead, mercury, cadmium or hexavalent chromium set out in paragraph 4 where the following conditions are fulfilled: the use of those substances is unavoidable; it is demonstrated that socio-economic benefits outweigh the risk to the environment or human health arising from the use of those substances; there are no suitable alternative substances or technologies; deleting parts, components and homogenous materials of vehicles from Annex IV, if the use of lead, mercury, cadmium or hexavalent chromium is avoidable; designating the parts, components and homogenous materials of vehicles that are to be removed before further treatment and require them to be labelled or made identifiable by other appropriate means. The Commission is empowered to adopt delegated acts in accordance with Article 51 to amend Annex IV, in particular by removing certain exemptions for homogenous materials and components from the list, in cases where the specific exemption is addressed under other Union legislation. When adopting a delegated act pursuant to this paragraph, the Commission shall take into account the socio-economic impact of introducing, modifying or deleting an exemption to the restriction on the use of lead, mercury, cadmium or hexavalent chromium in vehicle types, including the availability of alternatives and the impacts on the environment and human health across the full lifecycle of vehicles. 7. Upon request from the Commission, the Agency shall prepare within 12 months a report, based inter alia on consultation with stakeholders, on the technical and economic feasibility of alternatives to existing exemptions listed in Annex IV and, based on such assessment, a duly reasoned proposal for the specific amendment of any such exemption. 8. As soon as it receives the request from the Commission, the Agency shall publish on its website a notice that a report on a possible amendment of an exemption listed in Annex IV will be prepared and invite Member States and all interested parties to submit comments within 12 weeks of the date of publication of that notice. The Agency shall publish on its website all comments received from Member States and interested parties. 9. At the latest 12 months following the submission of the report referred to in paragraph 7 to the Commission, the Committee for Socio-economic Analysis of the Agency, set up pursuant to Article 76(1), point (d), of Regulation (EC) No 1907/2006, shall adopt an opinion on the report and on the specific amendments proposed. The Agency shall submit that opinion to the Commission without delay.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-14 · Text as adopted (Official Journal); later amendments are not incorporated in this text.