Commission Directive 2001/27/EC
of 10 April 2001
adapting to technical progress Council Directive 88/77/EEC on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in 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 88/77/EEC 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 and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles(1), as last amended by Directive 1999/96/EC of the European Parliament and of the Council(2), and in particular Article 4 thereof,
Whereas:
(1) Directive 88/77/EEC is one of the separate directives under the type-approval procedure laid down by 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(3), as last amended by Directive 2000/40/EC of the European Parliament and of the Council(4).
(2) Directive 1999/96/EC provided for new emission test cycles and prescriptions to prevent the use of defeat device and/or irrational emissions control strategy. It is now appropriate to strengthen those requirements and to provide a tool for authorities to determine whether engines are using defeat devices and/or irrational emissions control strategies under normal conditions of use to manipulate engine performance at the expense of emissions control.
(3) It is accepted that gas vehicles can provide a realistic and environmentally beneficial alternative to diesel vehicles in terms of air pollutant emissions. While they are able to achieve the emission limits mandated in Directive 1999/96/EC, certain gas engines, by virtue of their design, have difficulty complying with the test cycle validity criteria with respect to the accuracy of the gas engine response to the changes in speed, torque and power demanded by the European Transient Cycle (ETC). To avoid setting a gas engine design requirement by respecting the design freedom philosophy of the type-approval system and to help stimulate the development of the market for gas-fuelled vehicles, it is appropriate to allow, for gas engines only, a modification of the statistical criteria which assesses the validity of the type-approval test. The development of gas engine technology should be reviewed in the future to confirm or modify this allowance for gas engines.
(4) The reference fuels necessary for testing engines that use natural gas should be re-defined to provide for the broadest coverage with regard to the λ-shift factor (Sλ) of gas fuels of various compositions which are available on the market. The reference fuels necessary for testing engines that use liquefied petroleum gas should also be reviewed to similarly provide for the broadest coverage of fuels available in the market place.
(5) It is appropriate to make technical modifications to the existing measurement and sampling procedures to enable the European type-approval of vehicles and engines using ethanol.
(6) 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
The Annexes to Directive 88/77/EEC are amended in accordance with the Annex to this Directive.
Article 2
1. With effect from 1 October 2001, no Member State may:
(a) refuse to grant EC 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 compression-ignition or gas engine; or
(b) prohibit the registration, sale, entry into service or use of such new vehicles; or
(c) refuse to grant EC type-approval for a type of compression-ignition or gas engine; or
(d) prohibit the sale or use of new compression-ignition or gas engines,
if the appropriate requirements of Directive 88/77/EEC, as amended by this Directive, are satisfied.
2. With effect from 1 October 2001, Member States:
(a) may no longer grant EC type-approval or issue the document provided for in the last indent of Article 10(1) of Directive 70/156/EEC, and
(b) shall refuse national type-approval
for types of compression-ignition or gas engines and types of vehicle propelled by a compression-ignition or gas engine where the requirements of Directive 88/77/EEC, as amended by this Directive, are not met.
3. With effect from 1 October 2001 and except for vehicles and engines intended for export to non-member countries and except for replacement engines for in-service vehicles, Member States shall:
(a) consider certificates of conformity which accompany new vehicles or new engines pursuant to Directive 70/156/EEC as no longer valid for the purpose of Article 7(1) of that Directive, and
(b) prohibit the registration, sale or entry into service or use of new vehicles and the sale and use of new engines
for types of compression-ignition engines and types of vehicle propelled by a compression-ignition engine where the requirements of Directive 88/77/EEC, as amended by this Directive, are not met.
4. With effect from 1 October 2003 and except for vehicles and engines intended for export to non-member countries and except for replacement engines for in-service vehicles, Member States shall:
(a) consider certificates of conformity which accompany new vehicles or new engines pursuant to Directive 70/156/EEC as no longer valid for the purpose of Article 7(1) of that Directive, and
(b) prohibit the registration, sale or entry into service or use of new vehicles and the sale and use of new engines
for types of gas engines and types of vehicle propelled by a gas engine where the requirements of Directive 88/77/EEC, as amended by this Directive, are not met.
5. Member States shall consider compliance with the requirements of this Directive as an extension of the type-approval only in the case of a new compression-ignition engine or a new vehicle propelled by a compression-ignition engine where a type-approval has previously been granted to the requirements of Directive 88/77/EEC, as amended by Directive 1999/96/EC. With respect to these vehicles, the requirements of Article 2(3) are applicable from 1 April 2002.
Article 3
1. Member States shall adopt and publish, before 1 October 2001, the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.
They shall apply those provisions from 1 October 2001.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text 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.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 10 April 2001.