COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the Common Position of the Council on the adoption of a Directive of the European Parliament and Council relating to measures to be taken against air pollution by emissions from motor vehicles and amending Directive 70/220/EEC (cold start test)

1. BACKGROUND

Date of transmission of the proposal to the EP and the Council (document COM(2000) 487 final - 2000/0211 COD): // 6 September 2000

Date of the opinion of the Economic and Social Committee: // 28 February 2001

Date of the opinion of the European Parliament, first reading: // 15 May 2001

Date of adoption of the common position: // 15 October 2001.

2. OBJECTIVE OF THE COMMISSION PROPOSAL

The objective of the proposal is to amend Directive 70/220/EEC, as last amended by Directive 2001/1/EC, to complete the low temperature emission limit values applicable to vehicles with positive-ignition engines and to apply these measures from 1 January 2003. This proposal provides low temperature limit values applicable to new types of light commercial vehicles (category N1) of weight class II (greater than 1 305 kg up to and including 1 760 kg) and weight class III (greater than 1 760 kg and up to 3 500 kg) that are equipped with positive-ignition engines. The proposal also brings into the scope of the low temperature test new types of heavier passenger cars (category M1) that were previously excluded from the scope of the low temperature test given in Directive 70/220/EEC, as amended by Directive 98/69/EC.

The requirements are only applicable to vehicles with spark ignition engines that are fuelled with petrol, liquefied petroleum gas (LPG) or natural gas (NG). Vehicles with a diesel engine are specifically excluded.

3. COMMENTS ON THE COMMON POSITION

In its first reading, the European Parliament adopted 4 amendments that took account of discussions with the Council Presidency to obtain a first reading agreement.

Amendment 1 deals with the date of transposition of this amending Directive into Member State national law.

Amendment 2 modifies a table in the Directive that indicates which tests are applicable to vehicles equipped with positive-ignition engines. The amendment therefore reflects the expansion of the scope of application of the low temperature test to all relevant vehicle types equipped with positive-ignition engines.

Amendment 4 introduces more stringent low temperature emission limits for carbon monoxide (CO) and hydrocarbons (HC) applicable to light commercial vehicles of weight class II and III that are equipped with positive-ignition engines.

Amendment 5 is an editorial amendment that clarifies which new vehicle types are covered by the cold start test from 1 January 2003.

The Common Position takes full account all four amendments tabled by the European Parliament in first reading. However, further evaluation by the Council has resulted in a minor modification to amendment 5 to add some legal clarity and specify directly in the appropriate section that the cold start test applies to vehicles of category M1 and N1 class I from 1 January 2002.

4. CONCLUSION

In general, the Commission welcomes the Common Position and invites the two institutions to reach an agreement on this amending Directive as soon as possible.