Amended proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 97/24/EC on certain components and characteristics of two- and three wheel motor vehicles (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)

EXPLANATORY MEMORANDUM

Background:

On the 22 June 2000, the Commission adopted a proposal to introduce more stringent emission limits applicable to motorcycles, amending Directive 97/24/EC [1].

[1] OJ L 226, 18.8.1997, p. 1.

The objective of the proposal is to strengthen Community requirements aimed at limiting polluting emissions from motorcycles, which will contribute to achieving ambient air quality targets and national emission ceilings in 2010. Emission requirements of motorcycles are governed by the so-called 'multi-Directive' 97/24/EC regarding certain components and characteristics of two and three-wheel vehicles.

The main elements of the proposal are:

A next stage of stricter emission limits (Euro 2) to apply from 1 January 2003 for new types and 1 January 2004 for all types for motorcycles, tricycles and quadricycles, comprising important reductions of the limit values for carbon monoxide (CO) and hydrocarbons (HC). These limit values are based on the present urban test cycle during which the vehicle is tested with the engine warm;

A set of permissive values in order to provide an option for Member States that want to promote the introduction of more advanced technology by way of fiscal incentives;

Envisaging a further stage of emission limits (Euro 3) to be applicable from 1 January 2006 which would include a fundamental review of the test cycle to better reflect the real-world driving operations of motorcycles. These limit values could only be set after the development of the new cycle, which is currently in progress within the UN-ECE.

The proposal of the Commission was transmitted to the European Parliament, Council and the Economic and Social Committee on 22 June 2000.

The Economic and Social Committee adopted an opinion on 25 January 2001.

The European Parliament adopted an opinion on 14 February 2001 in which it made 25 amendments to the proposal of the Commission.

Analysis of the amendments adopted by the European Parliament:

The European Parliament amendments can be placed in four groups:

a. Introduction of a mandatory Euro 3 stage (applicable in 2006):

Amendments 3, 5, 10, 11, 23, 24 and 25

The proposed Euro 3 limit values merely align the test cycle and the limit values for the large motorcycles with those presently in force for passenger cars and are therefore not based on the technical and economic feasibility of the proposed limits for motorcycles. This would at least require all larger motorcycles to be equipped with closed loop three-way catalysts and most probably require measures to improve emission reduction performance during a cold start. The application of the passenger car cycle will not guarantee the proper functioning of the emission control equipment over a large part of typical real traffic driving conditions due to differences in driving patterns and engine performance between motorcycles and cars (such as the higher acceleration of motorcycles).

In its proposal, the Commission announced that it would investigate a further stage that should take effect in 2006 which should be measured against an improved test cycle. The Commission did not included 2006 limits in its proposal because no data is yet available which could support the introduction of the new cycle in a scientifically sound manner. Instead, the Commission is actively supporting the development of the world-wide harmonised test cycle (WMTC), a project that is currently progressing within the UN-ECE. In line with the WMTC work programme, the Commission is planning to report on the development of the world cycle by mid-2001 and to propose Euro 3 limit values based on the new test cycle by mid-2003.

The Commission therefore rejects all the European Parliament amendments introducing a mandatory Euro 3 stage. However, as this has been seen to be an important issue for the Parliament, the Commission will strive to take appropriate steps to introduce a Euro 3 stage based on the newly developed world harmonised test cycle during further discussions in the Council or second reading in the European Parliament.

b. Amendments relating to durability, defeat devices, in-use conformity testing and on board diagnostics (OBD).

Amendments 6, 7, 13, 14, 15, 16 and 20

The report raises a number of issues to better ensure the effective functioning of emission control equipment during the useful life of the vehicle. Such provisions are already applicable for passenger cars and light commercial vehicles and are being studied for heavy-duty vehicles. The amendments set the agenda for the introduction and application of such requirements and request the Commission to complete the necessary technical provisions for these requirements.

It is acknowledged that these are important tools to ensure the maintenance of emission treatment equipment, i.e. catalytic converters, during real life conditions. However, the implementation of such requirements might have considerable implications that need to be assessed carefully with regards to cost-effectiveness, technical feasibility and practical consequences when applied to the motorcycle sector. The Commission also supports measures for cycle by-pass prevention that have also been introduced during discussions in Council.

The Commission therefore agrees, in principle, to investigate some of these measures but rejects amendments that pre-empt any final decision on implementation.

c. Amendments relating to CO2 emissions:

Amendments 8, 17 and 21 (part 4)

Presently, there is no harmonised testing procedure for the measurement of CO2 emissions from motorcycles. The rapporteur proposes to introduce the passenger car CO2 measurement method by 1 January 2003 for motorcycles with an engine capacity above 150cc and to incorporate motorcycles in the Community strategy for reducing CO2 emissions from road traffic.

The share of motorcycles in total road transport emissions is very small (about 2 %) but might increase in the future. The introduction of a harmonised CO2 measurement method is indeed a first necessary step. As for the 2006 limits, a measurement system should be based on a new world harmonised test cycle for this purpose. This will have the advantage that it will give more accurate results when compared to real world driving and will also include smaller motorcycles.

The Commission therefore agrees in principle with the statements in amendments 8 and 21 (part 4), but rejects amendment 17.

d. Miscellaneous amendments:

Amendments 1, 2, 4, 12, 18, 19, 21, 22 and 26

The report also proposes additional amendments on various issues. The Commission agrees fully with some of these amendments, i.e:

- the possibility to introduce financial incentives to re-equip older vehicles (amendments 4 and 12);

- limitation of the economic impact on small manufacturers (annual production volume of less than 5 000 units per approved type) when investigating future measures (amendment 18).

Other amendments, relating to future work, are acceptable in principle or partly but need to be investigated before implementing definitive proposals. The Commission reserves the right of initiative on some of these issues:

- a 1 year temporary derogation for trial bikes (amendments 1 and 26 part 2);

- to report on the development of the test cycle by 1 July 2001 and to submit a proposal by 1 July 2002 (amendment 19). The first date is acceptable, the second is not;

- introduction of requirements regarding the inspection and maintenance of motorcycles. The intent of this amendment is acceptable but the date for a Commission proposal of 1 January 2003 is not (amendment 22);

- particulate limit values for diesel tricycles and quadricycles from 2006 (amendment 2);

- measures relating to replacement catalysts (amendment 21 part 1);

- examine evaporative emissions and on-board measurement (OBM) (amendment 21 part 2 and part 3).

There is one miscellaneous amendment that is not acceptable:

- to postpone the "all types" date for Euro 2 from 1 January 2004 to 1 January 2005 (amendment 26 part 1).

In consequence, the Commission can accept:

- three amendments totally (numbers 4, 12, and 18);

- six amendments partly (numbers 1, 14, 19, 20, 22 and 26 part 2);

- five amendments in principle (numbers 2, 7, 8, 16 and 21),

- and the Commission rejects eleven amendments (numbers 3, 5, 6, 10, 11, 13, 15, 17, 23, 24 and 25).

2000/0136 (COD)

Amended proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 97/24/EC on certain components and characteristics of two- and three wheel motor vehicles (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 [2],

[2] OJ C

Having regard to the opinion of the Economic and Social Committee [3],

[3] OJ C

Acting in accordance with the procedure laid down in Article 251 of the Treaty [4],

[4] OJ C

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 its Resolution of 1 February 1993 [5], provides for additional efforts to be made for a considerable reduction in the present level of emissions of pollutants from motor vehicles.

[5] OJ C 138, 17.5.1993, p. 1.

(2) Directive 97/24/EC of the European Parliament and of the Council [6] 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 and three-wheel vehicles [7], as last amended by Directive 2000/7/EC of the European Parliament and of the Council [8].

[6] OJ L 226, 18.8.1997, p. 1.

[7] OJ L 225, 10.8.1992, p. 72.

[8] OJ L 106, 3.5.2000, p. 1.

(3) Under Article 5 of Directive 97/24/EC, the Commission is required to submit, within 24 months from the date of adoption of the said Directive, to the European Parliament and the Council, 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, is 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 engine 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.

(4a) In the light of the special characteristics and use of certain well-known categories of vehicles such as trial motorcycles and having regard to their relatively low contribution to overall road transport emissions owing to the small number of vehicles sold each year in Europe (fewer than 13 000), it is considered acceptable, with regard to the entry into force of the new limits in 2003, to grant a temporary exemption in order to allow manufacturers of such vehicles time to introduce the appropriate emission control technology.

(5) Inspection and maintenance are regarded as essential to ensure that emission levels of new vehicles do not fall in-use below 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.

(6) Tricycles and quadricycles are equipped either with spark ignition or compression ignition engines; in line with emission limits for passenger cars, each category requires a separate set of limit values.

(7) 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 the Community legislation on the quality of petrol and diesel fuels.

(8) 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 permissive 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.

(8a) Member States may take measures to encourage the retrofitting of older two or three-wheeled vehicles with emission-control devices and components.

(9) 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.

(10) It is necessary to establish a further stage of emission limits, comprising further substantial reductions with respect to the limit values for 2003; such limit values can be developed in detail only when the current test cycle has been revised and after further study of the technical feasibility and emission-reduction potential of the technology.

(11) In accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty, the objective of the proposed action, namely the reduction of the level of pollutant emissions from two and three-wheel vehicles, cannot be sufficiently achieved by the Member States and can therefore be better achieved by the approximation of the laws of the Member States on the subject: this Directive confines itself to the minimum required in order to achieve that objective and does not go beyond what is necessary for that purpose.

(12) Directive 97/24/EC should be amended accordingly.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Chapter 5 of Directive 97/24/EC is amended in accordance with the text in the Annex hereto.

Article 2

1. With effect from 1 January 2002, no Member State may, on grounds relating to the measures to be taken against air pollution:

- refuse to grant EC type-approval pursuant to Article 4(1) of Directive 92/61/EEC,

- 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, as amended by this Directive.

2. With effect from 1 January 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, as amended by this Directive.

For the type I test, the limit values set out in row A of the Table in Chapter 5, Annex II to Directive 97/24/EC, as amended by this Directive, shall be used.

3. With effect from 1 January 2004, Member States shall:

- consider certificates of conformity which accompany new vehicles 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,

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, as amended by this Directive.

For the type I test, the limit values set out in row A of the Table in Chapter 5, Annex II to Directive 97/24/EC, as amended by this Directive, shall be used.

For trial motorcycles the date set in Article 2(2) shall be 1 January 2004 and the date set in Article 2(3) shall be 1 July 2005.

Trial motorcycles are defined as vehicles with the following characteristics:

maximum seat height of 700 mm;

minimum ground clearance of 280 mm;

maximum fuel tank capacity of 4 litres.

Minimum overall gear ratio in the highest gear (primary ratio x gear ratio x final drive ratio) of 7.5.

Article 3

1. Member States may make provision for tax incentives only in respect of vehicles which comply with Directive 97/24/EC, as amended by this Directive. 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 to Directive 97/24/EC, as amended by this Directive; 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 with the permissive limit values set out in row B of the Table in Chapter 5, Annex II to Directive 97/24/EC, as amended by 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 to Directive 97/24/EC, as amended by this Directive.

Member States may inter alia offer fiscal or financial incentives for the retrofitting of older two or three-wheel vehicles if they thereby meet the limit values contained in this directive or in the earlier version of 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 4

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;

(b) measures to limit the economic impact on those small manufacturers having an annual production volume of less than 5.000 units per approved type;

(c) the opportunity to harmonise the test cycle on a world-wide basis;

(d) the correlation of limit values between the current and the new test cycle;

(e) appropriate type-approval measures to confirm the durability of exhaust anti-pollution equipment during the normal life of two or three-wheel vehicles under normal operating conditions.

2. On the elements referred to in paragraph 1, the Commission shall submit, if necessary, a proposal to the European Parliament and the Council, containing inter alia:

(a) a new dedicated test cycle to be used for the measurement of exhaust and CO2 emissions in the type I test;

(b) mandatory emission limit values to be applied from 2006;

(c) provisions for monitoring the durability of emission control equipment;

(d) provisions on the inclusion of in service conformity requirements in the type approval procedure for two- or three wheeled vehicles

(e) provisions to ensure that defeat devices or electronic cycle by-pass arrangements to cut out or by-pass the settings of anti-pollution control equipment are prohibited.

By 1 July 2001 the Commission shall report on the state of negotiations on a world-wide harmonised test cycle and by 1 July 2003 shall propose a new test cycle to be used to measure emissions in the Type I test.

3. The Commission shall submit, where necessary, an appropriate proposal to the European Parliament and the Council containing provisions to introduce inspection and maintenance requirements for motorcycles and two and three-wheel motor vehicles.

Article 5

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2001 at the latest. They shall forthwith inform the Commission thereof.

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.

Article 6

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

Article 7

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

ANNEX

Chapter 5 of Directive 97/24/EC is amended as follows:

1. Annex II is amended as follows:

(a) Section 1.4. is replaced by the following:

'1.4. 'Gaseous pollutants' means the exhaust gas emissions of carbon monoxide, oxides of nitrogen expressed in terms of nitrogen dioxide (NO2) equivalent, and hydrocarbons, assuming a ratio of:

- C1H1.85 for petrol;

- C1H1.86 for diesel.'

(b) Section 2.2.1.1. is replaced by the following:

'2.2.1.1. Type I test (checking the average value of tailpipe emissions in a congested urban area)

2.2.1.1.1. The test is carried out by the procedure described in Appendix 1. The methods used to collect and analyse the gaseous pollutants are those laid down.

2.2.1.1.2. Figure I.2.2 illustrates the routes for type I test.

2.2.1.1.3. The vehicle is placed on a chassis dynamometer equipped with a means of load and inertia simulation

Figure I.2.2. Flow chart for the type I test

>REFERENCE TO A GRAPHIC>

2.2.1.1.4. During the test the exhaust gases are diluted and a proportional sample collected in one or more bags. The exhaust gases of the vehicle tested are diluted, sampled and analysed, following the procedure described below, and the total volume of the diluted exhaust is measured.

2.2.1.1.5. Subject to the requirements of 2.2.1.1.6., the test must be repeated three times. The resulting masses of gaseous emissions obtained in each test must be less than the limits shown in the table below (row A):

>TABLE POSITION>

2.2.1.1.5.1. Notwithstanding the requirements of 2.2.1.1.5., for each pollutant or combination of pollutants, one of the three resulting masses obtained may exceed, by not more than 10%, the limit prescribed, provided the arithmetical mean of the three results is below the prescribed limit. Where the prescribed limits are exceeded for more than one pollutant it is immaterial whether this occurs in the same test or in different tests.

2.2.1.1.6. The number of tests prescribed in 2.2.1.1.5. is reduced in the conditions hereinafter defined, where V1 is the result of the first test and V2 the result of the second test for each pollutant.

2.2.1.1.6.1. Only one test is performed if the result obtained for each pollutant is less than or equal to 0,70 L (i.e. V1 <= 0,70 L).

2.2.1.1.6.2. If the requirement of 2.2.1.1.6.1. is not satisfied, only two tests are performed if, for each pollutant the following requirements are met: V1 <= 0,85 L and V1 + V2 <= 1,70 L and V2 <= L.'

(c) Table I and Table II in Section 2.2. are deleted.

(d) Section 2.2.1.2. is replaced by the following:

'2.2.1.2. Type II test (test of carbon monoxide at idling speed) and emissions data required for roadworthiness testing

2.2.1.2.1. This requirement applies to all vehicles powered by a positive-ignition engine for which EC type-approval is sought in accordance with this Directive.

2.2.1.2.2. When tested in accordance with Appendix 2 (type II test) at normal idling speed:

* The carbon monoxide content by volume of the exhaust gases emitted is recorded.

* The engine speed during the test must be recorded, including any tolerances.

2.2.1.2.3. When tested at 'high idle' speed (i.e. >2000 min-1):

* The carbon monoxide content by volume of the exhaust gases emitted is recorded.

* The engine speed during the test must be recorded, including any tolerances.

2.2.1.2.4. The engine oil temperature at the time of the test must be measured and recorded.

2.2.1.2.5. The recorded data are completed in the relevant Sections of the document, referred to in Annex VII of 92/61/EEC, as last amended.'

(e) A new Section 3.1.1. is added, to read as follows:

'3.1.1. A vehicle is taken from the series and subjected to the test described in 2.2.1.1. The limit values for checking conformity of production are those indicated in the table in Section 2.2.1.1.5.'

(f) The former Section 3.1.1. is renumbered as 3.1.2. and amended as follows:

- the words 'Tables I and II' are replaced by 'the Table in Section 2.2.1.1.5'.

- the words 'the tables referred to in 2.2.1.1.2' are replaced by 'the Table in Section 2.2.1.1.5'.

(g) Section 3.1.3 of Appendix 1 is replaced by the following:

'3.1.3. The tightness of the intake system may be checked to ensure the carburation is not affected by an accidental intake of air.

(h) In Section 5.3.1. of Appendix 1, the last sentence is amended, to read as follows;

'Two complete pre-conditioning cycles are performed before the exhaust gases are collected.'

(i) Section 6.1.3. of Appendix 1 is replaced by the following:

'6.1.3. Prior to the initiation of the first pre-conditioning cycle, a flow of air of variable speed is directed at the motorcycle or motor tricycle. Two complete cycles are then performed during which no exhaust gases are collected. The ventilation system must include a mechanism controlled by the speed of the bench roller so that, in the range from 10 km/h to 50 km/h, the linear air speed at the blower outlet is equal to the relative speed of the roller with an approximation of 10%. For roller speeds below 10 km/h, the air speed may be zero. The end Section of the air blower device must have the following characteristics:

(i) surface area of at least 0.4 m2;

(ii) lower edge between 0.15 and 0.20 m above ground level;

(iii) distance from the leading edge of the motorcycle or motor tricycle between 0.3 and 0.45 m.'

(j) In Section 6.2.2. of Appendix 1, the first sentence is deleted.

(k) Section 7.2.1. of Appendix 1 is replaced by the following:

'7.2.1. After two pre-conditioning cycles (first moment of the first cycle), the operation specified in 7.2.2. to 7.2.5. are performed simultaneously.'

(l) Section 7.4 of Appendix 1 is replaced by the following:

'7.4. Analysis

7.4.1. The exhaust gases contained in the bag must be analysed as soon as possible and in any event not later than 20 minutes after the end of the test cycle.

7.4.2. Prior to each sample analysis the analyser range to be used for each pollutant must be set to zero with the appropriate zero gas.

7.4.3. The analysers are then set to the calibration curves by means of span gases of nominal concentrations of 70 to 100% of the range.

7.4.4. The analysers' zeros are then rechecked. If the reading differs by more than 2% of range from that set in 7.4.2, the procedure is repeated.

7.4.5. The samples are then analysed.

7.4.6. After the analysis, zero and span points are rechecked using the same gases. If these rechecks are within 2 % of those in 7.4.3, the analysis is considered acceptable.

7.4.7. At all points in this Section the flow-rates and pressures of the various gases must be the same as those used during calibration of the analysers.

7.4.8. The figure adopted for the concentration of each pollutant measured in the gases is that read off after stabilisation on the measuring device.'

2. Annex IV is replaced by the following:

'ANNEX IV

SPECIFICATIONS FOR THE REFERENCE FUEL (PETROL)

The reference fuel used is the one described in ANNEX IX, Section 1, of Directive 70/220/EEC.

SPECIFICATIONS FOR THE REFERENCE FUEL (DIESEL)

The reference fuel used is the one described in ANNEX IX, Section 2, of Directive 70/220/EEC.'