# EUR-Lex - 52014PC0028 - EN

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# 52014PC0028

**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 emissions from road vehicles /* COM/2014/028 final - 2014/0012 (COD) */**

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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 the 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 overarching 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 measures is supported by accompanying Impact Assessment.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

This proposal introduces a number of amendments
to the Regulation (EC) 715/2007 and Regulation (EC) 595/2009 with respect to
the reduction of pollutant emissions from road vehicles.

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 emissions from road
vehicles

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE
COUNCIL 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
European Economic and Social Committee[1],

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)          In order to reduce
unnecessary burdens for vehicle manufacturers in case of type-approval of vehicle
platforms that could potentially be covered by both light and heavy-duty
vehicle legislation, the approval of certain heavy-duty vehicles in accordance
with the requirements for light-duty vehicles with respect to their pollutant
emissions should be possible without lowering the level of environmental
protection within the Union.

(2)          Although emissions of
methane are not known to have a direct harmful effect on human health, methane
is a strong greenhouse gas. Therefore, in line with the Communication of the
Commission on the application and future development of Community legislation
concerning 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 European Parliament
and of the Council[3],
the Commission should consider including methane emissions in the calculation
of CO2 emissions.

(3)         In order to facilitate the
introduction of natural gas vehicles the current total hydrocarbons (THC) emission
limit should be increased and the effect of methane emissions should be taken
into account and expressed as a CO2 equivalent for regulatory and
consumer information purposes.

(4)          Modern diesel vehicles
emit high and increasing amounts of NO2 as a share of the total NOx emissions
which were not anticipated when Regulation (EC) No 715/2007 was adopted. Most
air quality problems in affected urban areas appear to be related to direct NO2
emissions. Therefore, an appropriate emission limit should be introduced.

(5)          The current emission
limits for CO and total hydrocarbons (THC) after a cold start at low
temperature have been carried over from Euro 3 requirements set out in Directive
98/69/EC of the European Parliament and of the Council[4], which appear to be
outdated in the light of existing vehicle 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/NO2
emissions. Therefore, revised emission limits should be introduced pursuant to
Article 14(5) of Regulation (EC) No 715/2007.

(6)          The emission limit set for
NH3 in Regulation (EC) No 595/2009 of the European Parliament and of
the Council[5]
is a requirement designed to limit the slip of ammonia from NOx after treatment
technologies which use a urea reagent for the reduction of NOx. The application
of the NH3 limit value should therefore only be applied to those
technologies and not to positive ignition engines.

(7)          In order to achieve EU air
quality objectives and to ensure a continuous effort to reduce vehicle
emissions, the power to adopt 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 M1, M2, N1
and N2 with a reference mass exceeding 2 610 kg but with a maximum
vehicle mass not exceeding 5 000 kg, the specific procedures, tests and
requirements for type approval, the requirements for the implementation of the
prohibition on the use of defeat devices that reduce the effectiveness of
emission control systems, the measures necessary for the implementation of the
obligation of a manufacturer to provide unrestricted and standardised access to
vehicle repair and maintenance information, the replacement of the information
on the mass of CO2 emissions in the certificate of conformity with information
on total mass of CO2 emissions equivalents, the increase or removal
of the limit value of total hydrocarbons emissions for positive ignition
vehicles, the amendment of Regulation (EC) No 715/2007 for the purposes of
recalibrating the particulate mass based limit values and introducing particle
number based limit values that would correlate broadly with the petrol and
diesel mass limit values, the adoption of a revised measurement procedure for
particulates and a particle number limit value, a limit value for emissions of
NO2 and limits for tailpipe emissions at cold temperatures for
vehicles approved as complying with the Euro 6 emission limits. The Commission,
when preparing and drawing up delegated acts, should ensure a simultaneous,
timely and appropriate transmission of relevant documents to the European
Parliament and to the Council.

(8)          The Treaty of Lisbon introduced the possibility for the legislator to delegate power to the Commission
to adopt non-legislative acts of general application to supplement or amend
certain non-essential elements of a legislative act. The measures which can be
covered by delegations of powers, as referred to in Article 290(1) TFEU,
correspond in principle to those covered by the regulatory procedure with
scrutiny established by Article 5a of Council Decision 1999/468/EC[6]. It is therefore
necessary to adapt to Article 290 TFEU the provisions in Regulation (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 the regulatory procedure with scrutiny carried out by this
Regulation should not affect pending procedures in which the committee has
already delivered its opinion in accordance with Article 5a of Decision
1999/468/EC before the entry 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, implementing powers should be conferred on the Commission. Those
powers should be exercised in accordance with Regulation (EU) No 182/2011 of
the European Parliament and of the Council[7].

(11)        Regulation (EC) No 715/2007
and Regulation (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 request, this Regulation shall apply to vehicles of categories M1,
M2, N1 and N2 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 adopt
delegated acts in accordance with Article 14a concerning the detailed rules on
the application of this Regulation to vehicles of categories M1, M2,
N1 and N2 as defined in Annex II to Directive 2007/46/EC
with a reference mass exceeding 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 operational mass of the vehicle is
appropriately considered for determining the equivalent inertia as well as
other default power and load parameters.

____________________________

*        OJ L 263, 9.10.2007, p. 1.".

(2)          Article 4(4) is replaced by the
following:

"The Commission shall
establish specific procedures and requirements for the implementation of
paragraphs 2 and 3. Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 15(2).".

(3)          In Article 5(3), the first
sentence is replaced by the following:

“The Commission shall be
empowered to adopt delegated acts in accordance with Article 14a in order to develop
the specific procedures, tests and requirements for type-approval set out in
this paragraph, 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 vehicle repair and maintenance information

The Commission shall
be empowered to adopt 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, with 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
environmental 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 CO2 emissions in the certificate of conformity referred to
in Article 18 of Directive 2007/46/EC with the information on total mass of CO2
emissions equivalents, which shall be the sum of the mass of CO2
emissions and methane emissions, expressed as equivalent mass of CO2
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 order 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 set 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;

(b)     adoption of a revised measurement
procedure for particulates and a particle number limit value.

3. The Commission shall keep under review the
procedures, tests and requirements referred to in Article 5(3) as well as the
test cycles used to measure emissions. If the review finds that those procedures,
tests, requirements and test cycles are no longer 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 following
subparagraph is added:

"The Commission shall be empowered to
adopt delegated acts in accordance with Article 14a to set out, in addition to
the existing limit value for emissions of total NOx, a limit value
for emissions of NO2 for vehicles approved as complying with the
Euro 6 emission limits set out in table 2 of Annex I. The limit for emissions
of NO2 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*.

__________________

*           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 NO2 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 the Council.
A decision to revoke shall put an end to the delegation of the power specified
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 therein. It shall not affect the validity of any delegated acts
already in force.

4.      As soon as it adopts a delegated act,
the Commission shall notify it simultaneously to the European Parliament and to
the Council.

5.      A delegated act adopted pursuant to the
second 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
the 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 paragraph, 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
paragraph is replaced by the following:

"This Regulation shall not apply to
vehicles for which the manufacturer has chosen to apply Regulation (EC) No 715/2007
in accordance 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 )".

Article 3

This Regulation shall not affect pending
procedures 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 Article 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

[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).

[4]               Directive 98/69/EC of the European 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).

[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 concerning mechanisms for control by Member States of the
Commission’s exercise of implementing powers (OJ L 55, 28.2.2011,
p. 13).