' 
COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 05.06.1997 
COM(97) 255 final 
96/ 0164 (COD) 
Amended proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
RELATING TO MEASURES TO BE TAKEN AGAINST AIR POLLUTION BY 
EMISSIONS FROM MOTOR VEHICLES AND 
AMENDING DIRECTIVES 70/220/EEC AND 70/156/EEC 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
The Commission has adopted on 18 June 1996, a proposal of a European Parliament and Council 
directive relating to measures to be taken against air pollution by motor vehicle emissions and 
amending directives 70/220/EEC and 70/156/EEC. This proposal would result in a 40% 
reduction of limit values for noxious pollutants applicable to the type approval of new vehicles 
from the year 2000. In addition, the mandatory fitment of on-board diagnostic systems, the 
introduction of a new in-use conformity testing procedure and a new test to limit evaporative 
emissions will result in improved control of the day to day emissions of vehicles in use. 
This proposal formed a part of the integrated strategy for the control of atmospheric emissions 
from road transport as set out in the Commission's Communication to the European Parliament 
on a future strategy for the control of atmospheric emissions for road transport. 
On 10th April 1997, the European Parliament approved the proposal from the Commission with 
88 amendments. 
Out of the 88 amendments proposed by Mr Lange, 16 amendments will be totally accepted and 6 
partly which cover the following aspects : 
amendments n° 19 partly, 24 relating to fiscal incentives ; subject to minor changes 
drafted by the Commission ; 
amendments n° 14 partly, 67, 68, 78 partly, 81 partly and 85 to amend the OBD 
requirements ; 
amendments n° 53, 54, 55 partly, 56, 57 and 58 relating to the evaporative emissions 
test procedure ; 
other minor or editorial amendments, namely amendments n° 5, 6, 7 partly, 30, 52, 
64, 86 and 89 ; 
Amendments n° 1,2,3,4, 10, 11, 12, 13, 15, 16, 17, 18,21,22,23,25,26,27,28,29,31,32,33, 
36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 59, 60, 61, 62, 63, 65, 66, 69, 70, 71, 
72, 73, 74, 75, 76, 77, 79, 80, 82, 83, 84, 87, 88, 90, 92 and 93 are not accepted. These 
amendments deal, in particular, with : 
a tightening of the limit values applicable from the year 2000 and a change to the 
reference fuel used for approval testing. Limit values proposed by the Commission 
are part of the cost-effective strategy which will permit the EU to reach its air quality 
standards. In addition, limit values are a sensitive issue and will be discussed until 
the very last moment, since technology is always evolving permitting environmental 
gains at lower costs. Moreover, emission limit values, the intrinsic quality of the 
fuel used for testing and the quality of market fuels are all interdependent and need 
to be examined together ; 
a modification of the 'indicative limit values' proposed by the Commission for 2005 
into mandatory values, with a tightening the values themselves. Mandatory values 
will have the advantage of giving a clear indication, with a long lead time, to the car 
industry and component suppliers, enabling them to manage their research and 
development efforts in an efficient manner. However, there is a prerequisite, notably 
that of better quality fuels available across the market. Further study is needed, the 
outcome of which can not be prejudged. In any case, the Commission is committed 
to undertake an Auto/Oil 2 programme, with one of the objectives being to confirm 
or revise the year 2005 limit values at the earliest stage ; 
a new test procedure to reduce emissions during cold temperature conditions. The 
Commission has already indicated its interest in such a test but will evaluate it during 
the Auto-Oil 2 programme ; 
a different approach for in-use compliance testing. These proposals are incompatible 
with the principles of the European type-approval system and are therefore 
unacceptable. The proposals by the Commission for in-use compliance testing is an 
important step towards better emission control by application of in-use compliance 
testing at a harmonised European level and are closely linked to the existing 
provisions for type approval and conformity of production ; 
the mandatory fitment of on-board diagnostic systems, or OBD, on diesel vehicles 
from thé year 2000. As of today, the experience and capability of the car and 
component supply industries with OBD for diesel vehicles is less than for petrol 
vehicles. OBD monitoring capability will not be available for all diesel vehicles by 
2000 ; 
extension of the durability requirement beyond 80,000km to 160,000km. Current 
technology cannot control emissions at such high distances as well as when the 
vehicle is new ; 
terms of reference of the Auto-Oil 2 programme. At this stage it is premature to 
change them. In any case, the Auto/Oil II Programme remains the responsibility of 
the Commission. 
-3-C, 
Recital 4b (new) 
Current Proposal Altered Proposal 
Whereas an adequate legislative and fiscal 
framework should be created as soon as 
possible to accelerate the introduction onto the 
market of vehicles with innovative propulsion 
technologies and vehicles which use 
alternative fuels with a low environmental 
impact: whereas the introduction of vehicles 
using alternative fuels such as natural gas 
produces a significant improvement in the 
quality of city air: 
Recital 4c (new) 
Current proposal Altered Proposal 
Whereas, in order to help resolve the problem 
of atmospheric pollution, it is necessary to 
step in with a global strategy, encompassing 
the technological, management and fiscal 
aspects, for the development of sustainable 
mobility, taking into account the specific 
characteristics of the various European urban 
areas; 
Recital 5 
Current Proposal 
Whereas the Commission has implemented a 
European programme on air quality, road 
traffic emissions, fuels and engines 
technologies (the Auto/Oil programme) with a 
view to fulfilling the requirements of this 
Article 4 of Directive 94/12/EC; whereas the 
European car and oil industries have carried 
out the European Programme on Engines 
Fuels and Emissions (EPEFE) to determine the 
contribution which can be made both by future 
vehicles and the fuels which propel them; 
whereas the Auto/Oil and EPEFE programmes 
strove for ensuring that proposals for 
Directives on polluting emissions seek the best 
solutions for both the citizen and for the 
economy; whereas a cost/effectiveness study 
within the Auto/Oil programme has shown 
that a further improvement of car emission 
technology was necessary with a view to 
achieving air quality in year 2010 as described 
in the Communication by the Commission on 
the Auto/Oil Programme; Altered Proposal 
Whereas the Commission has implemented a 
European programme on air quality, road 
traffic emissions, fuels and engines 
technologies (the Auto/Oil programme) with a 
view to fulfilling the requirements of this 
Article 4 of Directive 94/12/EC; whereas the 
Commission has implemented the APHEA 
Project which estimates the external costs of 
air pollution by motor vehicles at 0.4% of EU 
GDP, and further assessments conclude that 
the external costs amount to 3% of EU GDP, 
and whereas however the cost-effectiveness 
approach outlined in Article 4 of Directive 
94/12/EC did not require to take into account a 
precise assessment of medical impact costs: 
whereas the Commission has implemented the 
'Car of Tomorrow' Action Plan which strives 
to contribute to the promotion of the "Car of 
Tomorrow' which will be clean, safe, energy-
efficient and 'intelligent': whereas this action 
plan reinforces Community action promoting 
R&D leading to clean cars and whereas neither 
the R&D efforts undertaken in the framework 
of the 'Car of Tomorrow' Action Plan nor EU 
competitiveness in automobile R&D should be 
jeopardised: whereas the European car and oil 
industries have carried out the European 
Programme on Engines Fuels and Emission 
(EPEFE) to determine the contribution which 
can be made both by future vehicles and the 
fuels which propel them;, whereas the Auto/Oil 
and EPEFE programmes strove to. ensure that 
proposals for directives on polluting emissions 
seek the best solutions for both the citizen and 
the economy; whereas it has become clear that 
a further improvement of car emission 
technology is necessary with a view to 
achieving air quality in year 2010 as described 
in the Communication by the Commission on 
the Auto/Oil Programme; 
6-
Recital 9 
Current Proposal 
Whereas new provisions for on-board 
diagnostics (OBD) should be introduced with a 
view to permitting an immediate detection of a 
failure of anti-pollution vehicle equipment and 
thus allowing a significant up-grading of the 
maintenance of initial emissions performances 
on in-use vehicles through periodical or 
kerbside control; whereas, however. OBD are at 
a less developed stage for diesel vehicles and 
can be fitted on such vehicles as an option. Altered Proposal 
Whereas new provisions for on-board 
diagnostics (OBD) should be introduced with a 
view to permitting an immediate detection of a 
failure of anti-pollution vehicle equipment and 
thus allowing a significant up-grading of the 
maintenance of initial emissions performances 
on in-use vehicles through periodical or 
kerbside control; whereas in order that the 
Member States may ensure that vehicle owners 
meet their obligation to repair faults once they 
have been indicated, the distance travelled since 
a fault occurs shall be recorded: 
Recital 13 
Current Proposal 
Whereas Member States should be allowed to 
encourage, by means of tax incentives, the 
introduction of vehicles which satisfy the 
improved requirements of this Directive. Altered Proposal 
Whereas Member States should be allowed to 
encourage, by means of tax incentives, the 
introduction of vehicles which satisfy in 
advance the emission limit values set out for 
2000 and 2005". whereas such incentives may be 
introduced by the individual Member States 
provided that they do not produce distortions in 
the single market: 
Recital 15b (new) 
Current Proposal Altered Proposal 
Whereas Member States should take measures 
to encourage faster progress towards replacing 
existing vehicles with low-emission vehicles: 
-7 
ARTICLE 1(3) 
Article 12, new subparagraph (Directive 70/156/EEC) 
Current Proposal 
All decisions taken pursuant to the provisions 
adopted in implementation of this directive and 
adopting planned measures to restore the 
conformity of vehicles in service, shall state in 
detail the reasons on which they are based. The 
competent authorities of each Member State 
which decide to initiate the planned measures 
shall notify the party concerned who shall, at the 
same time, be informed of the remedies 
available to him under the laws in force in the 
Member States and of the time limits allowed 
for the exercise of such remedies. Altered Proposal 
All decisions taken pursuant to the provisions 
adopted in implementation of this directive and 
adopting planned measures to restore the 
conformity of vehicles in service, shall state the 
reasons on which they are based. The competent 
authorities of each Member State which decide 
to initiate the planned measures shall notify the 
party concerned who shall, at the same time, be 
informed of the remedies available to him under 
the laws in force in the Member States and of 
the time limits allowed for the exercise of such 
remedies. 
ANNEX (1), indent 3, List of annexes (directive 70/220/EEC) 
Current Proposal Altered Proposal 
Annex X: Control of compliance of vehicles in Annex X: Control of compliance of vehicles in 
service service 
Appendix I: Selection of test vehicles and 
failure criteria 
ANNEX (18) indent 2a (new) 
Annex III, Appendix 1 (directive 70/220/EEC) 
Current Proposal Altered Proposal 
- Sampling shall begin on initiation of the 
engine-start-up procedure 
ANNEX (21) 
Annex VI (4.3.1.3.) (directive 70/220/EEC) 
Current Proposal 
4.3.1.3. The repeatability of the analyser 
expressed as one standard deviation shall be 
better than 1% of full scale deflection at zero 
and at 80 ± 20% of full scale on all ranges used. Altered Proposal 
4.3.1.3. The repeatability of the analyser 
expressed as one standard deviation shall be 
better than 1 % of full scale deflection at zero 
and at 80 ± 2% of full scale on all ranges used. 
8-
ANNEX (21) 
Annex VI (5.1.3.7.) (directive 70/220/EEC) 
Current Proposal 
5.1.3.7. Breakthrough may be checked as is 
described in Sections 5.1.6.1 and 5.1.6.2 of this 
Annex, or with the use of another sampling and 
analytical arrangement capable of detecting the 
emission of hydrocarbons from the canister at 
breakthrough. Altered Proposal 
5.1.3.7. Breakthrough may be checked as is 
described in Sections 5.1.5. and 5.1.6. of this 
Annex, or with the use of another sampling and 
analytical arrangement capable of detecting the 
emission of hydrocarbons from the canister at 
breakthrough. 
ANNEX (21) 
Annex VI (5.1.3.8.) (directive 70/220/EEC) 
Current Proposal 
5.1.3.8. Purge the canister with 25±5 litres per 
litre of charcoal and per minute using the 
emission laboratory air until 300 bed volume 
exchanges are reached. Altered Proposal 
5.1.3.8. Purge the canister with 25 ± 5 litres per 
litre of charcoal and per minute with emission 
laboratory air until 300 bed volume exchanges 
are reached. 
ANNEX (21) 
Annex VI (5.1.5.6.) (directive 70/220/EEC) 
Current Proposal 
5.1.5.6. When the fuel temperature of the fuel 
tank reaches 293 K (20 °C) a linear heat build of 
15 K (15 °C) begins. The fuel shall be heated in 
such a way that the temperature of the fuel 
during the heating shall conform to the function 
below to within ± 1.5 K. The elapsed time of the 
heat build and temperature rise is recorded. 
Tr = T0 + 0.2333 -t 
where : 
Tr = required temperature (K); 
T0 = initial temperature (K); 
t = time from start of the tank heat build in 
minutes. Altered Proposal 
5.1.5.6. When the fuel temperature reaches 293 
K (20 °C) a linear heat build of 15 K (15 °C) 
begins. The fuel shall be heated in such a way 
that the temperature of the fuel during the 
heating shall conform to the function below to 
within ± 1.5 K. The elapsed time of the heat 
build and temperature rise is recorded. 
Tr = T0 + 0.2333 *t 
where : 
Tr = required temperature (K); 
T0 = initial temperature (K); 
t = time from start of the tank heat build in 
minutes. 
9-
ANNEX (21) 
Annex VI (5.1.5.7.) (directive 70/220/EEC) 
Current Proposal 
5.1.5.7. As soon as breakthrough occurs or when 
the fuel temperature reaches 308 K (35 °C), 
whichever occurs first, the heat source shall be 
turned off, the enclosure doors shall be unsealed 
and opened, and the vehicle fuel tank cap(s) 
shall be removed. If breakthrough has not 
occurred by the time the fuel temperature 
reaches 308 K (35 °C), the heat source shall be 
removed from the vehicle, the vehicle shall be 
removed from the evaporative emission 
enclosure and the entire procedure outlined in 
Section 5.1.7. shall be repeated until 
breakthrough occurs. Altered Proposal 
5.1.5.7. As soon as breakthrough occurs or when 
the fuel temperature reaches 308 K (35 °C), 
whichever occurs first, the heat source shall be 
turned off, the enclosure doors shall be unbolted 
and opened, the vehicle fuel tank cap(s) shall be 
removed, the vehicle shall be removed from the 
enclosure for the preconditioning driving cycle 
laid down in 5.2. If breakthrough has not 
occurred by the time the fuel temperature 
reaches 308 K (35 *°C), the heat source shall be 
removed from the vehicle, the vehicle shall be 
removed from the evaporative emission 
enclosure and the entire procedure outlined in 
Section 5.1.7. shall be repeated until 
breakthrough occurs. 
ANNEX (22) 
Annex VI, appendix 1 (2.3.) Title (directive 70/220/EEC) 
Current Proposal 
Calibration and hydrocarbon retention test of 
the chamber Altered Proposal 
Calibration and leak test of the chamber 
Annex (25) 
Annex X (5.4.) (directive 70/220/EEC) 
Current Proposal 
Diagnosis and restorative maintenance 
5.4. Diagnosis and restorative maintenance will 
be performed on vehicles accepted for testing, 
prior to in service survey testing, according to 
Sections 5.4.1 -5.4.8. Altered Proposal 
Diagnosis and maintenance 
5.4. Diagnosis and maintenance will be 
performed on vehicles accepted for testing, prior 
to in service survey testing, according to 
Sections 5.4.1 -5.4.8. 
ANNEX (25) 
Annex X (5.4.7.) (directive 70/220/EEC) 
Current Proposal 
5.4.7. If the vehicle is [before] with in 800 km 
of a scheduled maintenance service, that 
maintenance will be performed according to the 
manufacturer's service instructions. Regardless 
of odometer reading, change of oil and air filter 
may be performed at the request of the 
manufacturer. Altered Proposal 
5.4.7. If the vehicle is [i.e. less thanjwithin 
3000 km of a scheduled maintenance service, 
that maintenance will be performed according to 
the manufacturer's service instructions. 
Regardless of odometer reading, change of oil 
and air filter may be performed at the request of 
the manufacturer. 
10 
ANNEX (25) 
Annex X (6.4.5.) (directive 70/220/EEC) 
Current Proposal 
6.4.5. A description of the procedure to be 
followed by vehicle owner to obtain correction 
of the non-compliance. This shall include a date 
after which when the non-compliance may be 
remedied, the estimated time for the workshop 
to perform the remedy, and where the remedy 
can be done. The repair shall be done 
expediently, within a reasonable time after 
delivery of the vehicle. Altered proposal 
6.4.5. A description of the procedure to be 
followed by the. vehicle owner to obtain 
correction of the non-compliance. This shall 
include a date after which when the non­
compliance may be remedied, the estimated 
time for the workshop to perform the remedy, 
and where the remedy can be .done. The repair 
shall be done expediently, within a reasonable 
time after delivery of the vehicle. The 
information supplied to the vehicle owner must 
make it clear that there will be no charge to him. 
ANNEX (25) 
Annex X (6.6a.) (new) (directive 70/220/EEC) 
Current Proposal Altered Proposal 
6.6a. The repair and/or modification or addition 
of new equipment shall be recorded in the 
vehicle's documents 
ANNEX (26) 
Annex XI (5.3.1.) (directive 70/220/EEC) 
Current Proposal 
5.3.1. The tests are carried out on the vehicle 
iised for the Type V durability test, given in 
Annex VII. and using the test procedure in 
Appendix I to this Annex. Tests are carried out 
at the conclusion of the Type V durability 
testing. When no Type V durability testing is 
carried out, or at the request of the 
manufacturer, a suitably aged and representative 
vehicle may be used for these OBD 
demonstration tests. Altered Proposal 
5.3.1. The tests are carried out using the test 
procedure in Appendix I to this Annex. A 
suitably aged (up to 80.000 km^ and 
representative vehicle supplied by the 
manufacturer may be used for these OBD 
demonstration tests. 
- 11-
ANNEX (26) 
Annex XI (5.6.) (directive 70/220/EEC) 
Current Proposal 
5.6. Fault code storage. 
The OBD system shall record code(s) indicating 
the status of the emission control system. 
Separate status codes shall be used to identify 
correctly functioning emission control systems 
and those emission control systems which need 
further vehicle operation to be fully evaluated. 
Fault codes that cause MI activation due to 
deterioration or malfunction or permanent 
emission default modes of operation shall be 
stored and that fault code shall identify the type 
of malfunction. Altered Proposal 
5.6. Fault code storage. 
The OBD system shall record code(s) indicating 
the status of the emission control system. 
Separate status codes shall be used to identify 
correctly functioning emission control systems 
and those emission control systems which need 
further vehicle operation to be fully evaluated. 
Fault codes that cause MI activation due to 
deterioration or malfunction or permanent 
emission default modes of operation shall be 
stored and that fault code shall identify the type 
of malfunction. The distance travelled by the 
vehicle since a fault code is stored shall be 
available through the serial port on the standard 
data link connector^ . 
ANNEX (26) 
Annex XI, appendix 1 (6.5.3.5.) (directive 70/220/EEC) 
Current Proposal 
6.5.3.5. The connection interface between the 
vehicle and the diagnostic tester shall meet the 
all requirements of SAE J1962 "Diagnostic 
Connector. June 1992" "(ISO XXX-A "Road 
vehicles - Diagnostic systems - On-board 
connector"). The installation position shall be 
subject to agreement of the approval authority 
such that it is readily accessible by service 
personnel but protected from tampering by non­
qualified personnel. Altered Proposal 
6.5.3.5. The diagnostic connector on the vehicle 
shall meet all the requirements of ISO 15031-3 
"Road vehicles - Diagnostic systems - On-board 
connector"). The installation position shall be 
subject to agreement of the approval authority 
such that it is readily accessible by service 
personnel but protected from tampering by non­
qualified personnel. 
(l) This requirement is applicable only to vehicles with an electronic speed signal to the engine 
management systems. It shall apply to all vehicles from 1/1/2005. 
12 



ISSN 0254-1475 
COM(97) 255 final 
DOCUMENTS 
EN 14 07 
Catalogue number : CB-CO-97-242-EN-C 
ISBN 92-78-20186-3 
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L-2985 Luxembourg 
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