COMMISSION DIRECTIVE 98/77/EC of 2 October 1998 adapting to technical progress Council Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehicles (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehicles (1), as last amended by Directive 96/69/EC of the European Parliament and of the Council (2),
Whereas Directive 70/220/EEC is one of the separate directives under the type-approval procedure laid down by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (3), as amended by Commission Directive 98/14/EC (4);
Whereas Article 13(2) of Directive 70/156/EEC lays down that the procedure of Article 13 shall also apply to the introduction of provisions on the type-approval of separate technical units into the separate directives;
Whereas to provide a harmonised basis to guarantee that replacement catalytic converters, intended to be fitted on vehicles of category M1 and N1 not equipped with on-board diagnostic systems, are of sufficient quality, it is appropriate to introduce into Directive 70/220/EEC new technical requirements for the EC type-approval of replacement catalytic converters as a separate technical unit; whereas these technical requirements are in accordance with the technical requirements adopted by the United Nations Economic Commission for Europe in its Regulation No 103 relating to the approval of replacement catalytic converters for power-driven vehicles (5);
Whereas in the light of technical progress it is appropriate to introduce into Directive 70/220/EEC new technical requirements for the EC type-approval of vehicles which can be fuelled with liquefied petroleum gas (LPG) or natural gas (NG); whereas the use of LPG and NG for the propulsion of vehicles permit to achieve very low levels of noxious emissions and should then benefit by the EC type-approval system; whereas these technical requirements are in accordance with the technical requirements adopted by the United Nations Economic Commission for Europe in its Regulation No 83 relating to the approval of vehicles with regard to their emission of pollutants (6);
Whereas it is appropriate to clarify the methods regarding the measurement of vehicle rolling resistance;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Directive 70/156/EEC,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Article 1 of Directive 70/220/EEC is replaced by the following Article:
'Article 1
For the purposes of this Directive:
- "vehicle" means any vehicle as defined in Annex II Section A to Directive 70/156/EEC,
- "automotive LPG or NG equipment" means any assembly of automotive LPG or NG components designed to be fitted on one or more given types of motor vehicle, which can be approved as a separate technical unit as defined in Article 4(1)(d) of Directive 70/156/EEC,
- "replacement catalytic converter" means a catalytic converter or an assembly of catalytic converters intended to replace an original equipment catalytic converter on a vehicle approved according to Directive 70/220/EEC, which can be approved as a separate technical unit as defined in Article 4(1)(d) of Directive 70/156/EEC.`
Article 2
The Annexes to Directive 70/220/EEC are amended in accordance with the Annex to this Directive.
Article 3
1. With regards to new replacement catalytic converters intended to be fitted on EC-approved vehicles which are not equipped with on-board diagnostic systems (OBD), Member States:
(1) with effect from 1 January 1999, may not:
- refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC, or
- prohibit their sale or installation on a vehicle,
if they comply with the requirements of Directive 70/220/EEC as amended by this Directive;
(2) with effect from 1 October 1999 subject to the provision of Article 7(2) of Directive 70/156/EEC shall refuse the sale or installation on a vehicle of a replacement catalytic converter(s), if it is not of a type in respect of which a type-approval has been granted in compliance with Directive 70/220/EEC, as amended by this Directive.
2. With regard to new vehicles fuelled with LPG or NG or which can be fuelled with either petrol or LPG, or NG on grounds relating to air pollution by emissions, Member States:
(1) with effect from 1 January 1999 may not:
- refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC, or
- refuse to grant national type-approval, or
- prohibit the registration, sale or entry into service
if they comply with the requirements of Directive 70/220/EEC as amended by this Directive;
(2) with effect from 1 October 1999, shall refuse the registration, sale or entry into service of new vehicles which do not comply with the provision of Directive 70/220/EEC as amended by this Directive.
Article 4
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 31 December 1998 they shall forthwith inform the Commission thereof.
When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such reference at the occasion of their official publication. The procedure for such reference shall be adopted by the Member States.
2. Member States shall communicate to the Commission the texts of the main procedure of the national law that they adopt in the field governed by this Directive.
Article 5
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.
Article 6
This Directive is addressed to the Member States.
Done at Brussels, 2 October 1998.