Directive 2002/51/EC of the European Parliament and of the Council
of 19 July 2002
on the reduction of the level of pollutant emissions from two- and three-wheel motor vehicles and amending Directive 97/24/EC
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the Economic and Social Committee(2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3), in the light of the joint text approved by the Conciliation Committee on 1 May 2002,
Whereas:
(1) The fifth programme of action of the European Community on protection of the environment, which in its general approach was approved by the Council in the Resolution of the Council and the Representatives of the Governments of the Member States, meeting within the Council, of 1 February 1993(4), provides for additional efforts to be made for a considerable reduction in the present level of emissions of pollutants from motor vehicles.
(2) Directive 97/24/EC of the European Parliament and of the Council of 17 June 1997 on certain components and characteristics of two or three-wheel motor vehicles(5) is one of the separate Directives under the type-approval procedure laid down by Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two- or three-wheel motor vehicles(6).
(3) Under Article 5 of Directive 97/24/EC, the Commission is required to submit, to the European Parliament and the Council, within 24 months from the date of adoption of the Directive, a proposal prepared on the basis of research and an assessment of the costs and benefits deriving from the application of tightened-up limit values and laying down a subsequent stage during which measures will be adopted aimed at further tightening of the limit values for pollutants of the vehicles concerned. Such action is limited to motorcycles, since a subsequent stage entailing tighter limit values for mopeds, to be applied from 17 June 2002, is already provided for in Directive 97/24/EC.
(4) On the basis of the assessment of the technical feasibility and cost-effectiveness, a single set of new Type I test limits, applicable from 2003 for all motorcycles, has been identified, corresponding to a reduction of 60 % for hydrocarbons and carbon monoxide for four-stroke motorcycles, and 70 % for hydrocarbons and 30 % for carbon monoxide for two-stroke motorcycles. For four-stroke motorcycles, further reductions in nitrogen oxides were not considered feasible with the envisaged technologies. For two-stroke motorcycles, the application of advanced direct injection technology, which has the greatest reduction potential in terms of carbon monoxide and hydrocarbons, is inevitably linked to a moderate increase of the nitrogen oxides limit, relative to the present-day limit value, bringing the limit in line with four-stroke motorcycles. On the basis of the emission inventory, which confirms the marginal share of motorcycles in total road-transport emissions of nitrogen oxides, this is regarded as acceptable.
(5) In the light of the special characteristics and the use of certain categories of vehicle known as enduro and trial motorcycles and having regard to their very small contribution to overall emissions, owing to the small number of such vehicles sold each year in Europe, a temporary derogation, in respect of the entry into force of the new limits in 2003, should be granted in order to allow manufacturers to introduce the appropriate technology.
(6) Inspection and maintenance are regarded as essential to ensure that emission levels of new vehicles do not exceed in-use acceptable levels. In this respect, and in line with the provisions for passenger cars, the requirements for type II testing, and in particular the limit for carbon monoxide content of 4,5 % by volume, should be replaced by requirements to measure and record the necessary data for the purpose of roadworthiness testing.
(7) Tricycles and quadricycles are equipped either with spark ignition or compression ignition (diesel) engines; in line with emission limits for passenger cars, each category requires a separate set of limit values. In this respect the question of particulate emissions needs to be addressed in the future.
(8) The characteristics of the reference fuels used for emission testing should be aligned with those applicable to passenger cars, thereby reflecting the changes in the specifications of market fuel in accordance with Community legislation on the quality of petrol and diesel fuels.
(9) Member States should be allowed, by way of tax incentives, to expedite the placing on the market of vehicles which satisfy the requirements adopted at Community level and to promote more environmentally advanced technologies on the basis of mandatory emission values; such incentives should satisfy certain conditions intended to avoid distortions of the internal market; this Directive does not affect the Member States' right to include emissions of pollutants and other substances in the basis for calculating road traffic taxes on two- and three-wheel vehicles.
(10) In accordance with the Treaty, Member States may inter alia offer fiscal or financial incentives for the retrofitting of older two- and three-wheel motor vehicles, if they thereby meet the limit values contained in this Directive or in the earlier version of Directive 97/24/EC.
(11) A new type-approval test cycle should be introduced which will allow a more representative evaluation of the emissions performance, in test conditions that more closely resemble those encountered by vehicles in use, and which takes into account the difference in driving patterns between small and large motorcycles. Additional development work is in progress in order to support the introduction of a new test cycle in a scientifically sound manner.
(12) It is necessary to establish a further stage of mandatory emission limits with effect from 2006 comprising further substantial reductions with respect to the limit values for 2003.
(13) In order to ensure compliance with emission limit values, conformity testing of in-service two- and three-wheel motor vehicles (in-service tests) should be introduced from 1 January 2006. Specific requirements for the correct operation of emission-control devices during the normal life of two or three-wheel motor vehicles should be introduced as from 1 January 2006 for up to 30000 km.
(14) It should also be ensured that operating conditions of two- and three-wheel motor vehicles in use correspond to the settings for the test cycle and that no defeat devices or other by-pass arrangements are used.
(15) As two- and three-wheel motor vehicles produce an increasing proportion of total CO2 emissions from transport sources, CO2 emissions and/or the fuel consumption of two- and three-wheel motor vehicles should be established as soon as possible and incorporated in the Community strategy for reducing road-transport CO2 emissions.
(16) In view of the global market for motorcycles and of similar problems of air quality worldwide, it is worth striving for a harmonised test cycle. It is noted that the Commission will maintain its efforts to finalise such a harmonised test cycle with all other parties involved in other markets and conclude this as soon as possible. The worldwide motorcycle emission test cycle currently elaborated in Geneva by Working Party 29 of the United Nations Economic Commission for Europe is a good basis. It is appropriate to introduce such a new world-wide test cycle as an alternative type-approval procedure for the second stage in 2006. When it has been widely recognised and for all further reduction stages the new test cycle could become the regular basis for type-approval.
(17) The objective of the proposed action, namely the reduction of the level of pollutant emissions from two and three-wheel motor vehicles, cannot be sufficiently achieved by the Member States and can therefore by reason of the scale or effects of the action be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
(18) Directive 97/24/EC should be amended accordingly,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
This Directive aims at reducing the level of pollutant emissions from two- and three-wheel motor vehicles by tightening the limit values for such emissions.
Article 2
1. With effect from 1 April 2003, no Member State may, on grounds relating to the measures to be taken against air pollution:
(a) refuse to grant EC type-approval pursuant to Article 4(1) of Directive 92/61/EEC, or
(b) prohibit the registration, sale or entry into service of vehicles,
if the measures to be taken against air pollution comply with the requirements of Directive 97/24/EC.
2. With effect from 1 April 2003, Member States shall refuse to grant EC type-approval pursuant to Article 4(1) of Directive 92/61/EEC for any type of vehicle on grounds relating to the measures to be taken against air pollution, if it fails to comply with the provisions of Directive 97/24/EC.
For the type I test, the limit values set out in row A of the Table in Chapter 5, Annex II, Section 2.2.1.1.5 to Directive 97/24/EC shall be used.
3. With effect from 1 July 2004, Member States shall:
(a) consider certificates of conformity which accompany new vehicles pursuant to Directive 92/61/EEC as no longer valid; and
(b) refuse the registration, sale or entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 92/61/EEC,
on grounds relating to the measures to be taken against air pollution, if the vehicles fail to comply with the provisions of Directive 97/24/EC.
For the type I test for mopeds, the limit values set out in the second row of the Table in Chapter 5, Annex I, Section 2.2.1.1.3 to Directive 97/24/EC shall be used.
For the type I test for motorcycles and tricycles, the limit values set out in rows A of the table in Chapter 5, Annex II, Section 2.2.1.1.5 to Directive 97/24/EC shall be used.
4. For trial and enduro motorcycles with two wheels, in accordance with Directive 92/61/EEC, the date set in paragraph 2 shall be 1 January 2004 and the date set in paragraph 3 shall be 1 July 2005.
Trial motorcycles are defined as vehicles with the following characteristics:
(a) Maximum seat height: 700 mm;
(b) Minimum ground clearance: 280 mm;
(c) Maximum fuel tank capacity: 41 l;
(d) Minimum overall gear ratio in the highest gear (primary ratio × gear ratio × final drive ratio) of 7,5.
Enduro motorcycles are defined as vehicles having the following characteristics:
(a) Minimum seat height of 900 mm;
(b) Minimum ground clearance of 310 mm;
(c) Minimum overall gear ratio in the highest gear (primary ratio × gear ratio × final drive ratio) of 6,0.
Article 3
1. With effect from 1 January 2006, Member States shall refuse to grant EC type-approval pursuant to Article 4(1) of Directive 92/61/EEC for a new vehicle type on grounds relating to measures to be taken against air pollution, if it fails to comply with the provisions of Directive 97/24/EC.
For the type I test, the limit values set out in rows B of the Table in Chapter 5, Annex II, Section 2.2.1.1.5 to Directive 97/24/EC shall be used.
2. With effect from 1 January 2007, Member States shall:
(a) consider certificates of conformity which accompany new vehicles pursuant to Directive 92/61/EEC as no longer valid, and
(b) refuse the registration, sale or entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 92/61/EEC,
on grounds relating to the measures to be taken against air pollution, if the vehicles fail to comply with the provisions of Directive 97/24/EC.
For the type I test, the limit values set out in rows B of the Table in Chapter 5, Annex II, Section 2.2.1.1.5 to Directive 97/24/EC shall be used.
For vehicle types of which no more than 5000 units are sold annually in the European Union, the date shall be 1 January 2008.
Article 4
1. Member States may make provision for tax incentives only in respect of vehicles which comply with Directive 97/24/EC. Such incentives shall comply with either of the following conditions:
(a) they shall apply to all new vehicles offered for sale on the market of a Member State which comply in advance with the mandatory limit values set out in row A of the Table in Chapter 5, Annex II, Section 2.2.1.1.5 to Directive 97/24/EC; they shall be terminated with effect from the mandatory application of the emission limit values laid down in Article 2(3) for new vehicles; or
(b) they shall apply to all new vehicles offered for sale on the market of a Member State which comply in advance with the mandatory limit values set out in rows B of the Table in Chapter 5, Annex II, Section 2.2.1.1.5 of Directive 97/24/EC. They shall end on the date for the mandatory application of the emission limit values for new vehicles laid down in Article 3(2) of this Directive.
2. For each type of vehicle referred to in paragraph 1, the tax incentives shall be for an amount lower than the additional cost of obtaining and fitting on the vehicle the technical solutions introduced to ensure compliance with the values set in either row A or row B of the Table in Chapter 5, Annex II, Section 2.2.1.1.5 to Directive 97/24/EC.
3. The Commission shall be informed in sufficient time of plans to create or change the tax incentives referred to in paragraph 1, so that it can submit its observations.
Article 5
Type-approvals shall also confirm the correct operation of the emission-control devices during the normal life of two and three-wheel motor vehicles as from 1 January 2006 for new vehicle types and as from 1 January 2007 for all vehicle types for up to 30000 km. To this end, the Commission shall submit to the European Parliament and the Council by 31 December 2002 a proposal defining "normal life" and establishing supplementary provisions. In its cost-benefit-analysis the Commission shall particularly pay attention to the effects its proposals have on small and medium-sized enterprises.
Article 6
1. With effect from 1 January 2006 for new two and three-wheel motor vehicles and from 1 January 2007 for all vehicle types, type-approvals granted to vehicles shall also require confirmation of the correct operation of emission-control devices during the normal life of the vehicle under normal conditions of use (conformity of in-service vehicles properly maintained and used).
2. To this end, the Commission shall submit a proposal to the European Parliament and the Council defining "normal life" and establishing supplementary provisions. They shall include, inter alia, if appropriate:
- criteria for carrying out checks,
- criteria for selecting the vehicles to be tested,
- criteria for carrying out the tests,
- rules to eliminate possible errors,
- the criterion that there shall be no charge for the owner/holder of the vehicle.
In its cost-benefit analysis the Commission shall particularly pay attention to the effects its proposals have on small and medium-sized enterprises.
Article 7
1. With effect from 1 January 2006 Member States may no longer grant EC type approval and shall refuse national type approval for a two- or three-wheel vehicle if its CO2-emission and fuel consumption are not established in accordance with the relevant provisions.
2. With effect from 1 January 2007 Member States shall:
- consider certificates of conformity which accompany new two-wheel motor vehicles with an engine capacity of over 150 cm3 pursuant to Directive 92/61/EEC as no longer valid, and
- refuse the registration, sale or entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 92/61/EEC,
if their CO2-emissions and fuel consumptions are not established in accordance with the relevant provisions.
Article 8
1. The Commission shall consider a further tightening of the emission standards of vehicles falling within the scope of this Directive, taking into account:
(a) technical developments in the field of emission control technology and their technical and economic feasibility with regard to their application to motorcycles, as well as their application in the diverse market that these vehicles satisfy;
(b) the advances in the development of a more representative test cycle for motorcycles which remedies the current limitations of the current test cycle, such as cold start and high driving dynamics;
(c) the opportunity to harmonise the test cycle on a worldwide basis;
(d) the correlation of limit values between the current and the new test cycle;
(e) further work on particulate emissions, and the issue of particulate emissions from compression ignition and spark ignition engines;
(f) ongoing work on durability and in-use compliance;
(g) further work on cold starting, on-board diagnostics (OBD) systems, and evaporation emissions;
(h) ongoing work on replacement catalytic converters;
(i) the economic impact on small series production and on small volume manufacturers;
The Commission furthermore will develop a methodology for measuring specific CO2 emissions from two- or three-wheel motor vehicles.
2. The Commission shall, not later than 31 December 2002, submit to the Committee for Adaptation to Technical Progress a proposal setting out a test method for the measurement of particulate emissions in accordance with the results of the studies as prescribed in paragraph 1(e), to be applied to new type-approvals from 1 January 2004.
3. The Commission shall, not later than 31 December 2002, submit a proposal to the European Parliament and the Council, containing:
(a) mandatory emission limit values to be used in the Type I test for tricycles and quadricycles for the second mandatory stage from 2006 and mandatory emission limit values for particulate emissions in accordance with the results of the studies as prescribed in paragraph 1(e).
(b) an obligation to measure specific CO2 emissions in type approval in accordance with Article 7. The Commission shall also submit appropriate proposals for the inclusion of two- and three-wheel motor vehicles in the Community strategy for reducing transport CO2 emissions (agreement to reduce average CO2 emissions, labelling, tax incentives);
(c) provisions relating to durability to be applied from 1 January 2006, in accordance with Article 5;
(d) requirements to include conformity testing on in-service vehicles (in-service tests) in the type-approval procedure for two- or three-wheel motor vehicles with effect from 1 January 2006 pursuant to Article 6;
(e) a new set of limit values (stage III) for mopeds, including particulate emissions in accordance with the results of the studies as prescribed in paragraph 1(e), to be applied from 2006. The provisions on durability requirements and the obligation to measure specific CO2 emissions in type approval will also be applied to mopeds.
4. The Commission shall submit proposals to the European Parliament and Council concerning inspection and maintenance, OBD and evaporative emission control. The Commission shall also ensure that only replacement and retrofit parts for exhaust systems which comply with Directive 97/24/EC and this Directive are placed on the market. The issuing of type-approval must be sufficiently verifiable and the data on the type-approvals issued must be quickly, efficiently and transparently retrievable and traceable in a European data system.
5. As soon as possible and at the latest after the technical development of the worldwide test cycle, the Commission shall present a proposal for its inclusion and a new set of limit values, including particulate emissions for compression ignition engines and two-stroke spark-ignition engines. These limit values should be set in correlation to the second mandatory stage in 2006 of this Directive (row B, in the table in Chapter 5, Annex II, Section 2.2.1.1.5 to (Directive 97/24/EC)) in order to guarantee the same emission level. The test cycle should be introduced together with these new limit values (row C to be inserted in the table in Chapter 5, Annex II, section 2.2.1.1.5 to Directive 97/24/EC) as an alternative type-approval procedure at the choice of the manufacturer for the second mandatory stage in 2006. In line with the adoption of the new worldwide test cycle in other regions it will then become the only regular type-approval procedure. For further stages in the reduction of exhaust emissions after 2006 the new test cycle with limit values based on this cycle will be the only valid type-approval procedure.
Article 9
Chapter 5 of Directive 97/24/EC shall be amended in accordance with the text in the Annex hereto.
Article 10
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 April 2003. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
Article 11
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
Article 12
This Directive is addressed to the Member States.
Done at Brussels, 19 July 2002.