COMMISSION DIRECTIVE 93/116/EC of 17 December 1993 adapting to technical progress Council Directive 80/1268/EEC relating to the fuel consumption of motor vehicles
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 70/156/EEC of 6 February 1970 relating to the type-approval of motor vehicles and their trailers (1), as last amended by Commission Directive 93/81/EEC (2), and in particular Article 13 (2) thereof,
Having regard to Council Directive 80/1268/EEC of 16 December 1980 on the approximation of the laws of the Member States relating to the fuel consumption of motor vehicles (3), as amended by Directive 89/491/EEC (4), and in particular Article 3 thereof,
Whereas Directive 80/1268/EEC is one of the separate directives of the EC type-approval procedure which has been established by Directive 70/156/EEC; whereas, consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and separate technical units apply to this Directive;
Whereas, in particular, Articles 3 (4) and 4 (3) of Directive 70/156/EEC require each separate Directive to have attached to it an information document incorporating the relevant items of Annex I to that Directive and also a type-approval certificate based on Annex VI thereto in order that type-approval may be computerized;
Whereas reference should be made to Council Directive 70/220/EEC (5), as last amended by Directive 93/59/EEC (6), relating to measures to be taken against air pollution by emissions from motor vehicles, because that Directive establishes technical and administrative provisions which apply also to this Directive;
Whereas, in view of the increasing concern about the environmental effects of carbon dioxide emissions, the fifth programme of action of the European Communities on the protection of the environment approved by the Council on 16 December 1992 provides for a stabilization target of these emissions; whereas it is necessary to determine the carbon dioxide emissions of light motor vehicles in the framework of the EC type-approval; whereas it is appropriate to base the measurement of carbon dioxide on the test procedure established by Directive 70/220/EEC for the measurement of the air-polluting substances of motor vehicles, and consequently to calculate fuel consumption on the basis of the results of these measurements;
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
Directive 80/1268/EEC shall be amended as follows:
1. the title shall be replaced by the following:
'Council Directive 80/1268/EEC relating to the carbon dioxide emissions and the fuel consumption of motor vehicles.';
2. Article 2 shall be replaced by the following:
'Article 2
No Member State may refuse to grant EC type-approval or national type-approval in respect of a vehicle, or refuse or prohibit the sale, registration, entry into service or use of a vehicle, on grounds relating to its carbon dioxide emissions or its fuel consumption if the emission and consumption figures have been determined in accordance with Annexes I and II and are set out in a document given to the vehicle owner at the time of purchase in the manner and form decided by each Member State.';
3. the Annexes shall be replaced by the Annexes to this Directive.
Article 2
1. With effect from 1 April 1994, Member States may not on grounds relating to the emission of carbon dioxide or to fuel consumption:
- refuse, in respect of any given type of motor vehicle, to grant EC type-approval or national type-approval; or
- prohibit the registration, sale or entry into service of vehicles,
if the emission and consumption figures have been determined to be in accordance with the requirements of Directive 80/1268/EEC as amended by this Directive.
2. With effect from 1 January 1996, Member States:
- shall no longer grant EC type-approval, and
- may refuse to grant national type-approval,
for a type of vehicle on grounds relating to the emission of carbon dioxide and to the fuel consumption if the emission and consumption figures have not been determined in accordance with the requirements of Directive 80/1268/EEC, as amended by this Directive.
3. With effect from 1 January 1997, Member States:
- shall consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC to be no longer valid for the purposes of Article 7 (1) of that Directive, and
- may refuse the registration, sale and entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 70/156/EEC,
on grounds relating to the emission of carbon dioxide and to fuel consumption if the emission and consumption figures have not been determined in accordance with the requirements of Directive 80/1268/EEC, as amended by this Directive.
Article 3
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 March 1994. They shall forthwith inform the Commission thereof.
When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
Article 4
This Directive shall enter into force on the third day following its publication in the Official Journal of the European Communities.
Done at Brussels, 17 December 1993.