EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, 31.1.2014  
COM(2014) 28 final 
2014/0012 (COD) 
  
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
amending Regulations (EC) No 715/2007 and (EC) No 595/2009 as regards  the 
reduction of pollutant emis sions from road vehicles 
(Text with EEA relevance) 
{SWD(2014) 32 final} 
{SWD(2014) 33 final}  EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL 
The purpose of this proposal is to introduce a number of amendments to the Regulation (EC) 
715/2007 and Regulation (EC) 595/2009 with respect to th e reduction of pollutant emissions 
from road vehicles. The focus of this draft proposal is on those areas where market and 
regulatory failures hinder addressing the overarc hing challenges situated within the context of 
the EU's air quality and the Better Regulation Agenda.  
2. RESULTS  OF CONSULTATIONS  WITH  THE  INTERESTED  PARTIES  AND  
IMPACT  ASSESSMENTS 
The measures are balanced with respect to their environmental effect and burden for the 
industry. Cost-effectiveness of the meas ures is supported by accompanying Impact 
Assessment. 
3. LEGAL  ELEMENTS  OF THE  PROPOSAL 
This proposal introduces a number of amen dments to the Regulation (EC) 715/2007 and 
Regulation (EC) 595/2009 with respect to the reduction of pollutant emissions from road 
vehicles. EN 3   EN 2014/0012 (COD) 
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
amending Regulations (EC) No 715/2007 and (EC) No 595/2009 as regards  the 
reduction of pollutant emis sions from road vehicles 
(Text with EEA relevance) 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article 114 thereof, 
Having regard to the proposal from the European Commission, 
After transmission of the draft legislative act to the national Parliaments, Having regard to the opinion of the Eu ropean Economic and Social Committee
1,  
Acting in accordance with the or dinary legislative procedure, 
Whereas: (1) In order to redu ce unnecessary burdens for vehicle manufacturers in case of type-
approval of vehicle platforms that could potentially be covere d by both light and 
heavy-duty vehicle legisla tion, the approval of certain  heavy-duty vehicles in 
accordance with the requirements for light-d uty vehicles with respect to their 
pollutant emissions should be possible wit hout lowering the level of environmental 
protection within the Union.  
(2) Although emissions of methane are not know n to have a direct harmful effect on 
human health, methane is a strong greenhou se gas. Therefore, in line with the 
Communication of the Commission on the a pplication and future development of 
Community legislation concer ning vehicle emissions from  light-duty vehicles and 
access to repair and maintenance information (Euro 5 and 6)
2 and with Article 14(1) 
of Regulation (EC) 715/2007 of the Eur opean Parliament and of the Council3, the 
Commission should consider including meth ane emissions in th e calculation of CO 2 
emissions.  
 (3) In order to facilitate  the introduction of natural ga s vehicles the current total 
hydrocarbons (THC) emission limit should be increased an d the effect of methane 
emissions should be taken into  account and expressed as a CO 2 equivalent for 
regulatory and consumer information purposes. 
                                                 
1 OJ C , , p. . 
2 OJ C 182, 19.7.2008, p. 17. 
3 Regulation (EC) 715/2007 of the European Parliament and of the Council of 20 June 2007 on type 
approval of motor vehicles with respect to emissions from light passenger and commercial vehicles 
(Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, 
p. 1). EN 4   EN (4) Modern diesel vehicles em it high and increasing amounts of NO 2 as a share of the 
total NOx emissions which were not antic ipated when Regulation (EC) No 715/2007 
was adopted. Most air quality problems in a ffected urban areas appear to be related 
to direct NO 2 emissions. Therefore, an appropriate emission limit should be 
introduced. 
(5) The current emission limits for CO and to tal hydrocarbons (THC) af ter a cold start at 
low temperature have been carried over from Euro 3 require ments set out in 
Directive 98/69/EC of the Europ ean Parliament and of the Council4, which appear to 
be outdated in the light of existing vehi cle technology and air quality needs. In 
addition, air quality problems and results of vehicle emission measurements suggest 
the need to introduce an appropriate limit for NOx/NO 2 emissions. Therefore, revised 
emission limits should be introduced pursuan t to Article 14(5) of Regulation (EC) 
No 715/2007. 
(6) The emission limit set for NH 3 in Regulation (EC) No 595/2009 of the European 
Parliament and of the Council5 is a requirement designed to  limit the slip  of ammonia 
from NOx after treatment technologies wh ich use a urea reagent for the reduction of 
NOx. The application of the NH 3 limit value should therefore only be applied to 
those technologies and not to  positive ignition engines. 
(7) In order to achieve EU air quality objectiv es and to ensure a continuous effort to 
reduce vehicle emissions, the power to a dopt delegated acts in accordance with 
Article 290 of the Treaty on the Functioning of the European Union (TFUE) should 
be delegated to the Commission in respect of  the detailed rules on the application of 
Regulation (EC) No 715/2007 to  vehicles of categories M 1, M 2, N 1 and N 2 with a 
reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 5 000 kg, the specific procedures, tests a nd requirements for type approval, the 
requirements for the implementa tion of the prohibition on the use of defeat devices 
that reduce the effectiveness of emission c ontrol systems, the measures necessary for 
the implementation of the oblig ation of a manufacturer to  provide unrestricted and 
standardised access to vehicle repair and maintenance information, the replacement 
of the information on the mass of CO
2 emissions in the certificate of conformity with 
information on total mass of CO 2 emissions equivalents, the increase or removal of 
the limit value of total hydrocarbons emi ssions for positive ignition vehicles, the 
amendment of Regulation (EC) No 715/2007 for the purposes of recalibrating the 
particulate mass based limit values and in troducing particle number based limit 
values that would correlate broadly with the petrol and diesel mass limit values, the 
adoption of a revised measurement procedur e for particulates and a particle number 
limit value, a limit value for emissions of NO 2 and limits for tailpipe emissions at 
cold temperatures for vehicles approved as complying with the Euro 6 emission limits. The Commission, when preparing a nd drawing up delega ted acts, should 
ensure a simultaneous, timely and appropria te transmission of relevant documents to 
the European Parliament and to the Council. 
                                                
 
4 Directive 98/69/EC of the Europ ean Parliament and of the Council of 13 October 1998 relating to 
measures to be taken against air pollution by emissions from motor vehicles and amending Council 
Directive 70/220/EEC (OJ L 350, 28.12.1998, p. 1). 
5 Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-
approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 
715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 
2005/78/EC (OJ L 188, 18.7.2009, p. 1). EN 5   EN (8) The Treaty of Lisbon introduced the possibility  for the legislator to delegate power to 
the Commission to adopt non-legislative acts of general applicati on to supplement or 
amend certain non-essential elem ents of a legislative act. The measures which can be 
covered by delegations of powers, as referre d to in Article 290(1) TFEU, correspond 
in principle to those covered by the regulat ory procedure with scrutiny established by 
Article 5a of Council Decision 1999/468/EC6. It is therefore necessary to adapt to 
Article 290 TFEU the provisions in Regula tion (EC) No 715/2007 which provide for 
the use of the regulatory procedure with scrutiny.  
(9)  The adaptation to Article 290 TFEU of  the provisions in Regulation (EC) No 
715/2007 which provided for the use of th e regulatory proce dure with scrutiny 
carried out by this Regulation should not affect pending procedures in which the 
committee has already delivered its opini on in accordance with Article 5a of 
Decision 1999/468/EC before the entr y into force of this Regulation. 
(10) In order to ensure uniform conditions for the implementation of Article 4(2) and (3) 
of Regulation (EU) No 715/2007, implemen ting powers should be conferred on the 
Commission. Those powers should be exercise d in accordance with Regulation (EU) 
No 182/2011 of the European Pa rliament and of the Council7. 
(11) Regulation (EC) No 715/2007 and Regulat ion (EC) No 595/2009 should therefore be 
amended accordingly, 
HAVE ADOPTED THIS REGULATION: 
Article 1 
Regulation (EC) No 715/2007 is amended as follows:  
(1) In Article 2, paragraph 2 is  replaced by the following:  
"2. After publication of the delegated acts adopted in accordance with the second 
subparagraph and at the manufacturer's re quest, this Regulat ion shall apply to 
vehicles of categories M 1, M 2, N 1 and N 2 as defined in Annex II to Directive 
2007/46/EC of the European Parliament and of the Council* with a reference mass 
exceeding 2 610 kg but with a maximum vehicle mass not exceeding 5 000 kg.  
The Commission shall be empowered to a dopt delegated acts in  accordance with 
Article 14a concerning the detailed rules on the applicat ion of this Regulation to 
vehicles of categories M 1, M 2, N 1 and N 2 as defined in Annex II to Directive 
2007/46/EC with a reference mass exceedi ng 2 610 kg but with a maximum vehicle 
mass not exceeding 5 000 kg. The delegated acts  shall ensure in particular that at 
chassis dynamometer tests the actual operationa l mass of the vehicle is appropriately 
considered for determining the equivalent in ertia as well as other default power and 
load parameters. 
____________________________ * OJ L 263, 9.10.2007, p. 1.".  
                                                
 
6 Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of 
implementing powers conferred on the Commission (OJ L 184, 17.7.1999, p. 23). 
7 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 
laying down the rules and general principles concerni ng mechanisms for contro l by Member States of 
the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). EN 6   EN (2) Article 4(4) is replaced by the following: 
 "The Commission shall establish specifi c procedures and requirements for the 
implementation of paragraphs 2 and 3. Those implementing acts shall be adopted in accordance with the examination proce dure referred to in Article 15(2).". 
 (3) In Article 5(3), the first se ntence is replaced by the following: 
 “The Commission shall be empowered to  adopt delegated acts in accordance with 
Article 14a in order to develop the specifi c procedures, tests and requirements for 
type-approval set out in this paragr aph, as well as requirements for the 
implementation of paragraph 2.”. 
 (4) Article 8 is replaced by the following: 
“Article 8 
Delegated acts on access to vehic le repair and maintenance information 
The Commission shall be empowered to a dopt delegated acts in accordance with 
Article 14a in order to implement Articles  6 and 7. This shall include the definition 
and updating of technical specifications relating to the way in which OBD and 
vehicle repair and maintenance information shall be provided, w ith special attention 
being paid to the specific needs of SMEs.”. 
(5) Article 14 is amended as follows: 
(a) paragraphs 1, 2 and 3 are replaced by the following:  
"1. Without lowering the level of envir onmental protection within the Union, 
the Commission shall be empowered to adopt delegated acts in accordance with Article 14a concerning: 
(a) the replacement of the information on the mass of CO
2 emissions in the 
certificate of conformity referred to in Article 18 of Directive 
2007/46/EC with the inform ation on total mass of CO 2 emissions 
equivalents, which shall be the sum of the mass of CO 2 emissions and 
methane emissions, expressed as equivalent mass of CO 2 emissions with 
regard to their greenhouse gas effects;  
(b) the increase or removal of the limit value of total hydrocarbons (THC) 
emissions for positive ignition vehicles. 
2. After the completion of the UN/ECE Particulate Measurement Programme, 
conducted under the auspices of the World Forum for Harmonisation of 
Vehicle Regulations, and at the latest  upon entry into force of Euro 6, the 
Commission shall be empowered to adopt  delegated acts in accordance with 
Article 14a in orde r to adopt the following measures, without lowering the 
level of environmental protection within the Union: 
(a)  amendment of this Regulation for the purposes of recalibrating the 
particulate mass based limit values se t out in Annex I,  and introducing 
particle number based limit values in that Annex so that  they correlate 
broadly with the petrol and diesel mass limit values; EN 7   EN (b)  adoption of a revised measurement procedure for particulates and a 
particle number limit value. 
3. The Commission shall keep under re view the procedures, tests and 
requirements referred to in Article 5(3)  as well as the test cycles used to 
measure emissions. If the review fi nds that those procedures, tests, 
requirements and test cycles are no longe r adequate or no longer reflect real 
world emissions, the Commission shall act in accordance with Article 5(3) in 
order to adapt them so as to adequately  reflect the emissions generated by real 
driving on the road.”  
 (b) in paragraph 4, the follo wing subparagraph is added:  
"The Commission shall be empowered to  adopt delegated acts in accordance 
with Article 14a to set out, in additi on to the existing limit value for emissions 
of total NO x, a limit value for emissions of NO 2 for vehicles approved as 
complying with the Euro 6 emission limits  set out in table 2 of Annex I. The 
limit for emissions of NO 2 shall be set on the basis of an impact assessment, 
shall take into consideration the techni cal feasibility and shall reflect the air 
quality objectives set out in Direc tive (EC) No 2008/50 of the European 
Parliament and of the Council*. 
__________________ * Directive 2008/50/EC of the European  Parliament and of the Council of 
21 May 2008 on ambient air quality and cleaner air for Europe (OJ 
L 152, 11.6.2008, p. 1).“;  
 
 (c) paragraph 5 is replaced by the following: 
"5. The Commission shall be empowered to adopt delegated acts in accordance 
with Article 14a to amend and supplement table 4 of Annex I in order to set out 
limits for tailpipe emissions at cold temperatures for vehicles approved as 
complying with the Euro 6 emission limits  set out in table 2 of Annex I. The 
limits for emissions of NOx and NO
2 shall be set on the basis of an impact 
assessment shall take into consideration the technical feasibility and shall reflect the air quality objectives set out in Directive (EC) No 2008/50 of the 
European Parliament and of the Council.“. 
(6) The following Article 14a is inserted: 
“Article 14a 
Exercise of the delegation 
1.  The power to adopt delegated acts is  conferred on the Commission subject to 
the conditions laid down in this Article. 
2.  The power to adopt delegated acts referred to in the second subparagraph of 
Article 2(2), Article 5(3), Article 8 and in Article 14(1) to (5) shall be conferred on the Commission for an indeterminate period of time from 
[…][Publications Office, please insert the exact date of entry into force] . 
3.  The delegation of powers referred to  in the second subparagraph of Article 
2(2), Article 5(3), Article 8 and in Article 14(1) to (5) may be revoked at any 
time by the European Parliament or by th e Council. A decision to revoke shall EN 8   EN put an end to the delegation of the power sp ecified in that decision. It shall take 
effect the day following the publication of the decision in the Official Journal 
of the European Union or at a later date specified th erein. It shall not affect the 
validity of any delegated acts already in force. 
4.  As soon as it adopts a delegate d act, the Commission shall notify it 
simultaneously to the European Parliament and to the Council. 
5.  A delegated act adopted pursuant to the s econd subparagraph of Article 2(2), 
Article 5(3), Article 8 and Article 14(1) to (5) shall enter into force only if no objection has been expressed either by th e European Parliament or the Council 
within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European 
Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the 
European Parliament or of the Council.“. 
 (7) Article 15 is replaced by the following: 
"Article 15 
Committee procedure 
1. The Commission shall be assisted by a committee. That committee shall be a 
committee within the meaning of Regulation (EU) No 182/2011. 
2. Where reference is made to this para graph, Article 5 of Regulation (EU) No 
182/2011 shall apply. 
Where the committee delivers no opinion, the Commission shall not adopt the draft 
implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 
182/2011 shall apply.“. 
Article 2 
Regulation (EC) No 595/2009 is amended as follows: 
 (1) In Article 2, the second paragr aph is replaced by the following: 
"This Regulation shall not apply to vehicl es for which the manufacturer has chosen 
to apply Regulation (EC) No 715/2007 in a ccordance with the first subparagraph of 
Article 2(2) of that Regulation.".  
(2) In Annex I, in the table "Euro VI Emission Limits", the row corresponding to the 
entry "WHTC (PI)" is replaced by the following: 
"WHTC 
(PI) 4 000  160 500 460 - 10 ( 3 )". 
  EN 9   EN Article 3 
This Regulation shall not affect pending proced ures under Article 5(3), Article 8 and Article 
14(2) and (3) of Regulation (EC) No 715/2007 in  which a committee has already delivered its 
opinion in accordance with Arti cle 5a of Decision 1999/468/EC. 
Article 4 
This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of  the European Union.  
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels, 
For the European Parliament For the Council 
The President The President