COUNCIL DIRECTIVE of 16 June 1988 amending Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from engines of motor vehicles (Restriction of particulate pollutant emissions from diesel engines) (88/436/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 A 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 and 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 environment, which was adopted by the Council on 22 November 1973, calls for account to be taken of the latest scientific progress in combating air pollution caused by exhaust gases from motor vehicles and for Directives adopted previously to be amended accordingly; whereas the third programme of action provides for further efforts to reduce considerably the present level of emissions of pollutants from motor vehicles;
Whereas differences which may emerge in national legislation concerning limits for particulate pollutant emissions from compression ignition (´diesel') engines used as criteria for the type-approval of vehicles equipped with such engines, are liable to constitute a restriction on the free movement of these products in the Community; whereas it therefore seems necessary to fix common standards in this area;
Whereas Directive 70/220/EEC (4) lays down limit values for emissions of carbon monoxide and unburnt hydrocarbons from such engines; whereas these limit values were lowered for the first time by Directive 74/290/EEC (5) and supplemented, pursuant to Commission Directive 77/102/EEC (6), by limit values for permissible emissions of nitrogen oxides; whereas the limit values for these three pollutants were successively reduced by Commission Directive 78/665/EEC (7) and Directives 83/351/EEC (8) and 88/76/EEC (9);
Whereas the scope of Directive 70/220/EEC was expanded by Directive 83/351/EEC in order to cover certain categories of vehicle equipped with compression ignition (´diesel') engines, without, however, laying down specific emission requirements for those engines; whereas only soot emissions are covered by Directive 72/306/EEC (10); whereas, however, with a view to improved protection of public health, it is necessary to restrict the overall particulate pollutant emissions from engines of this type; whereas it is appropriate to lay down limit values for particulate pollutant emissions which correspond to the state of the art with regard to diesel engines in the Community and to amplify the test procedure set out in Directive 70/220/EEC by adding the ; ; ; ; ; ; provisions relating to the sampling and analysis of particulate emissions taken over from the relevant United States requirements;
Whereas the establishment of 1,1 g and 1,4 g/test as limit values for particulate pollutant emissions from vehicles fitted with diesel engines represents only a first step towards controlling these emissions;
Whereas, considering also the opinion of the European Parliament, a second stage in the reduction of particulate pollutant emissions must be implemented as quickly as possible and whereas levels of 0,8 g and 1,0 g/test should be achieved; whereas the levels adopted will have to take into account the technical/economic possibilities which exist at that time,
HAS ADOPTED THIS DIRECTIVE:
Article 1 Directive 70/220/EEC is hereby amended as follows:
1. The title is replaced by the following:
´Council Directive of 20 March 1970 on the approximation of the laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles'.
2. Annexes I, III and III A are amended in accordance with the Annex to this Directive.
Article 2 1. From 1 October 1988 no Member State may, on grounds relating to air pollution by particulate pollutant emissions from an engine:
- refuse to grant EEC type approval, to issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC (11) or to grant national type approval for a type of motor vehicle equipped with a compression-ignition engine,
- prohibit the entry into service of vehicles equipped with compression-ignition engines,
where particulate pollutant emissions from this type of motor vehicle or from such vehicles meet the requirements set out in the Annexes to Directive 70/220/EEC, as amended by this Directive.
2. From 1 October 1989, Member States:
- may no longer issue the document provided for in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of motor vehicle, equipped with a compression-ignition engine,
- may refuse national type approval for a type of motor vehicle, whose emission levels do not meet the requirements set out in the Annexes to Directive 70/220/EEC, as amended by this Directive.
However, in respect of types of vehicle equipped with a direct-injection compression-ignition engine, that date shall be postponed until 1 October 1994.
3. From 1 October 1990, Member States may prohibit the entry into service of motor vehicles equipped with compression-ignition engines whose particulate pollutant emissions do not meet the requirements set out in the Annexes to Directive 70/220/EEC, as amended by this Directive.
However, in respect of vehicles equipped with a direct-injection compression-ignition engine, that date shall be postponed until 1 October 1996.
Article 3 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 October 1988. They shall forthwith inform the Commission thereof.
Article 4 Before the end of 1989, the Council shall decide, on the basis of a proposal from the Commission, the implementation of a second stage for further reduction in the limit values for particulate pollutant emissions.
Article 5 This Directive is addressed to the Member States.
Done at Luxembourg, 16 June 1988.