COUNCIL DIRECTIVE of 3 December 1987 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous pollutants from diesel engines for use in vehicles (88/77/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100A thereof,
Having regard to the proposal from the Commission (1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas it is important to adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992 ; whereas the internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured;
Whereas the first programme of action of the European Communities on the protection of the environment, approved by the Council on 22 November 1973, called for account to be taken of the latest scientific advances in combating atmospheric pollution caused by gases emitted from motor vehicles and for Directives adopted previously to be amended accordingly ; whereas the third programme of action provides for additional efforts to be made to reduce considerably the present level of emissions of pollutants from motor vehicles;
Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate, inter alia, to the emission of gaseous pollutants from diesel engines for use in vehicles;
Whereas those requirements differ from one Member State to another ; whereas these differences could restrict the free circulation of the products in question;
whereas it is therefore necessary that all the Member States adopt the same requirements either in addition to or in place of their existing rules, in order, in particular, to permit the implementation, for each vehicle type, of the EEC type-approval, which was the subject of 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 (4), as last amended by Directive 87/403/EEC (5);
Whereas it is desirable to follow the technical requirements adopted by the United Nations Economic Commission for Europe in its Regulation No 49 (uniform provisions concerning the approval of diesel engines with regard to the emission of gaseous pollutants), which is annexed to the Agreement of 20 March 1958 concerning the adoption of uniform conditions of approval and reciprocal recognition of approval for motor vehicle equipment and parts;
Whereas the Commission has undertaken to submit proposals to the Council, not later than the end of 1988, regarding a further reduction of the limit values for the three pollutants which are the subject of this Directive and the fixing of limit values for particulate emissions,
HAS ADOPTED THIS DIRECTIVE:
Article 1
For the purposes of this Directive: - "vehicle" means any vehicle propelled by a diesel engine, intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, with the exception of vehicles of category M1 as defined in section 0.4 of Annex I to Directive 70/156/EEC, having a total mass not exceeding 3,5 tonnes, and vehicles which run on rails, (1) OJ No C 193, 31.7.1986, p. 3. (2) Position of Parliament on 18 November 1987 (OJ No C 345, 21.12.1987, p. 61). (3) OJ No C 333, 29.12.1986, p. 17. (4) OJ No L 42, 23.2.1970, p. 1. (5) OJ No L 220, 8.8.1987, p. 44. agricultural tractors and machines and public works vehicles,
- "diesel-engine type" means a diesel engine for which type-approval of a separate technical unit within the meaning of Article 9a of Directive 70/156/EEC may be granted.
Article 2
1. From 1 July 1988, no Member State may, on grounds relating to the gaseous pollutants emitted from an engine: - refuse to grant EEC type-approval, or to issue the document provided for in the last indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval for a type of vehicle propelled by a diesel engine, or
- prohibit the registration, sale, entry into service or use of such new vehicles, or
- refuse to grant EEC type-approval, or to grant national type-approval for a type of diesel engine, or
- prohibit the sale or use of new diesel engines,
if the requirements of the Annexes to this Directive are satisfied.
2. From 1 July 1988, Member States may, on grounds relating to gaseous pollutants emitted from an engine: - refuse to grant national type-approval for a type of vehicle propelled by a diesel engine,
or
- refuse to grant national type-approval for a diesel-engine type,
if the requirements of the Annexes to this Directive are not satisfied.
3. Until 30 September 1990, paragraph 2 shall not apply to types of vehicles propelled by a diesel engine, and to diesel-engine types if the diesel engine is described in the Annex to a type approval certificate granted before that date in accordance with Directive 72/306/EEC.
4. From 1 October 1990 Member States may, on grounds relating to gaseous pollutants emitted from an engine: - prohibit the registration, sale, entry into service and use of new vehicles, propelled by a diesel engine,
or
- prohibit the sale and use of new diesel engines
if the requirements of the Annexes to this Directive are not satisfied.
Article 3
1. The Member State which has granted type-approval of a type of diesel engine shall take the necessary measures to ensure that it is informed of any modification of a part or characteristic referred to in section 2.3 of Annex I. The competent authorities of that Member State shall decide whether fresh tests should be carried out on the modified engine and a fresh report drawn up. Where the tests reveal failure to comply with this Directive, the modification shall not be approved.
2. The Member State which has granted type-approval of a vehicle type in respect of its diesel engine shall take the necessary measures to ensure that it is informed of any modification of such vehicle type as regards the engine installed. The competent authorities of that Member State shall decide whether after such a modification, measures in application of Directive 70/156/EEC, especially of Article 4 or of Article 6 thereof, must be taken.
Article 4
The modifications necessary for adapting the requirements of the Annexes so as to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
Article 5
1. Member States shall bring into force the laws, - regulations, and administrative provisions necessary to comply with the Directive by 1 July 1988. They shall forthwith inform the Commission thereof.
2. As soon as this Directive has been notified, Member States shall also ensure that the Commission is informed, in sufficient time for it to submit its comments of any draft major laws, regulations or administrative provisions which they intend to adopt in the field covered by this Directive.
Article 6
Not later than the end of 1988, the Council will consider, on the basis of a proposal from the Commission, a further reduction of the limit values for the three pollutants concerned by this Directive and the fixing of limit values for particulate emissions.
Article 7
This Directive is addressed to the Member States.
Done at Brussels, 3 December 1987.