Commission Directive 2002/80/EC
of 3 October 2002
adapting to technical progress Council Directive 70/220/EEC 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 70/156/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(1), as last amended by Commission Directive 2001/116/EC(2), and in particular Article 13(2) thereof
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(3), as last amended by Directive 2001/100/EC of the European Parliament and of the Council(4) and in particular Article 5 thereof
Whereas:
(1) Directive 70/220/EEC is one of the separate directives under the type-approval procedure established by Directive 70/156/EEC.
(2) Directive 70/220/EEC introduced a method for checking the conformity of vehicles in-service. The type of data a manufacturer should collect and submit as a basis for examination by the type-approval authority of whether a vehicle is in conformity with the requirements of Directive 70/220/EEC over the requisite durability period should be defined. The definition of a vehicle that could be considered to be an outlying emitter, in the case that a representative sample of vehicles of a type are subject to testing and statistical analysis to confirm emissions performance of the said type, should be completed.
(3) Technical measures for the type-approval, as separate technical units, of replacement catalytic converters to ensure both their emissions performance and, where appropriate, their compatibility with the on-board diagnostic (OBD) system of the vehicle for which they are designed, should be introduced. Measures to aid enforcement in Member States, through the marking of both replacement catalytic converters and original replacement catalytic converters and their packaging, should be introduced. In addition, a request for additional information to accompany replacement catalytic converters that were manufactured and introduced for sale in the Community prior to the introduction of this Directive should also be introduced.
(4) Directive 70/220/EEC introduced provisions for OBD systems. To ensure that the development of replacement components which are critical to the correct functioning of the OBD system is not restricted by the unavailability of pertinent OBD-related information, prescriptions requiring the vehicle manufacturer to make available such relevant information to the type-approval authority should be introduced.
(5) The technical requirements relating to malfunction indication strategies are clarified such that a malfunction is deemed to occur if the OBD thresholds are exceeded or if the OBD system is unable to fulfil the basic OBD monitoring requirements of this Directive.
(6) It is also necessary to introduce specific modifications to the handling of OBD information to deal independently with vehicle operation on petrol or on gas.
(7) Due to the short lead-time until 1 January 2003 from which new types of gas-fuelled vehicles should be equipped with an OBD system, it is necessary to allow the type-approval of gas-fuelled vehicles that contain a limited number of minor deficiencies that may arise at, or prior to the time of type-approval. The type-approval authority may also issue an extension to the type-approval certificate for vehicles that have already been type-approved in cases where deficiencies are subsequently found within the OBD system on vehicles in-service. Such extensions may not be issued if there is a complete lack of monitoring capability. A period should be specified within which deficiencies authorised by the type-approval authority must be corrected on future manufactured vehicles.
(8) Directive 70/220/EEC should be updated to take account of technical progress and in particular the new definitions of the more standard diagnostic fault codes, the more manufacturer-specific diagnostic fault codes, and the new hexadecimal codes as well as ISO standard 15031-6 and SAE standard J2012 that have been updated.
(9) Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC(5), as amended by Commission Directive 2000/71/EC(6), requires that petrol and diesel motor fuels for sale throughout the Community from 1 January 2005 shall have a maximum sulphur content of 50 mg/kg (parts per million). The reference fuels used for the type-approval testing of vehicles against the emission limits applicable from the year 2005 should be redefined in order to better reflect, where applicable, the sulphur, aromatics and oxygen content of the petrol and diesel fuels that should be available on the market from 2005 and used by vehicles having advanced emission control systems or "gasoline direct-injection" engine technology.
(10) Directive 70/220/EEC should therefore be amended accordingly.
(11) 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
1. Article 1 of Directive 70/220/EEC is replaced by the following:
"Article 1
For the purposes of this Directive:
(a) 'vehicle' means any vehicle as defined in Annex II Section A to Directive 70/156/EEC;
(b) 'a vehicle fuelled by LPG or NG' means a vehicle fitted with specific equipment for the use of LPG or NG in its propulsion system. Such an LPG or NG vehicle can be designed and constructed as a mono-fuel vehicle or a bi-fuel vehicle;
(c) 'a mono-fuel vehicle' means a vehicle that is designed primarily for permanent running on LPG or NG but may also have a petrol system for emergency purposes or starting only, where the petrol tank does not contain more than 15 litres of petrol;
(d) 'a bi-fuel vehicle' means a vehicle that can run part-time on petrol and also part-time on either LPG or NG".
2. Annexes I, II, III, IX, IX(a), X, XI and XIII are amended in accordance with the Annex to this Directive.
Article 2
1. With effect from 1 July 2003, if the vehicles comply with the requirements of Directive 70/220/EEC, as amended by this Directive, Member States shall not:
(a) refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC; or
(b) refuse to grant national type-approval; or
(c) prohibit the registration, sale or entry into service of vehicles, pursuant to Article 7 of Directive 70/156/EEC.
2. If a new vehicle type fails to comply with the provisions of Directive 70/220/EEC, as amended by this Directive, with effect from 1 July 2003, Member States shall no longer grant:
(a) EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC; or
(b) national type-approval.
However, Member States may continue to grant type-approvals referred to in the first subparagraph where Article 8(2) of Directive 70/156/EEC applies.
3. If the vehicles fail to comply with the provisions of Directive 70/220/EEC, as amended by this Directive, Member States shall:
(a) consider certificates of conformity which accompany new vehicles pursuant to Directive 70/156/EEC as no longer valid for the purpose of Article 7(1) of that Directive; and,
(b) refuse the registration, sale or entry into service of new vehicles which are not accompanied by a valid certificate of conformity pursuant to Directive 70/156/EEC, except where the provisions of Article 8(2) of Directive 70/156/EEC are invoked.
4. Paragraph 3 shall apply with effect from 1 January 2006 to:
(a) vehicles in category M except vehicles the maximum mass of which exceeds 2500 kg; and
(b) vehicles in category N1 class I.
Paragraph 3 shall apply with effect from 1 January 2007 to:
(a) vehicles in category N1 classes II and III, as defined in the table in section 5.3.1.4. of Annex I to Directive 70/220/EEC; and
(b) vehicles in category M whose maximum mass exceeds 2500 kg.
Article 3
1. With regard to new replacement catalytic converters intended to be fitted on vehicles that have been type-approved in compliance with Directive 70/220/EEC, as amended by this Directive, with effect from 1 July 2003, Member States shall not:
(a) refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC; or
(b) prohibit their sale and installation on a vehicle.
2. With effect from 1 July 2003, Member States shall no longer grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC or a new replacement catalytic converter if it is not type-approved in compliance with Directive 70/220/EEC, as amended by this Directive.
3. Member States shall continue to permit the sale and installation of new replacement catalytic converters, for which type-approval as a separate technical unit was granted prior to the entry into force of the Directive, for vehicles already in service.
Article 4
Before 1 July 2005, manufacturers shall take steps to provide additional information either directly to the point of sale or to any distributor, covering all new replacement catalytic converters that were introduced for sale in the EU before the date of entry into force of this Directive and which do not otherwise comply with the requirements laid down in Commission Directive 98/77/EC(7).
The additional information referred to in the first paragraph shall comply with the conditions laid down in section 7 of Annex XIII to this Directive.
Article 5
From the date of entry into force of this Directive, the provisions detailed in section 7 of Annex I to Directive 70/220/EEC, as amended by this Directive, with specific regard to the conformity of in-service vehicles shall apply to all vehicles that have been type-approved according to the requirements of Directive 70/220/EEC, as amended by Directive 98/69/EC of the European Parliament and of the Council(8) or subsequent amending Directives.
Article 6
1. Member States shall adopt and publish, before 31 May 2003, the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.
They shall apply those provisions with effect from 1 June 2003.
When Member States adopt these measures, 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 provisions of national law which they adopt in the field governed by this Directive.
Article 7
This Directive shall enter into force on the third day following its publication in the Official Journal of the European Communities.
Article 8
This Directive is addressed to the Member States.
Done at Brussels, 3 October 2002.