Proposal for a European Parliament and Council Directive relating to measures to be taken against air pollution by emissions from motor vehicles and amending Council Directives 70/156/EEC and 70/220/EEC (97/C 77/02) (Text with EEA relevance) COM(96) 248 final - 96/0164 (COD)

(Submitted by the Commission on 29 August 1996)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social Committee,

Acting in accordance with the procedure referred to in Article 189b of the Treaty,

Whereas measures should be adopted within the framework of the internal market;

Whereas the first programme of action of the European Community on protection of the environment (1), approved by the Council on 22 November 1973, called for account to be taken of the latest scientific advances in combating atmospheric pollution caused by gases emitted from motor vehicles and for directives adopted previously to be amended accordingly; whereas the fifth programme of action, which in its general approach was approved by the Council in its resolution of 1 February 1993 (2), provides for additional effort to be made for a considerable reduction in the present level of emissions of pollutants from motor vehicles; whereas this fifth programme also set targets in terms of emission reduction for various pollutants in the understanding that emissions from both mobile and stationary sources would have to be reduced;

Whereas Council Directive 70/220/EEC (3) lays down the limit values for carbon monoxide and unburnt hydrocarbon emissions from the engines of such vehicles; whereas these limit values were first reduced by Council Directive 74/290/EEC (4) and supplemented, in accordance with Commission Directive 77/102/EEC (5), by limit values for permissible nitrogen oxides; whereas the limit values for these three types of pollution were successively reduced by Commission Directives 78/665/EEC (6), 83/351/EEC (7) and 88/76/EEC (8); whereas limit values for particulate pollutant emissions from diesel engines were introduced by Council Directive 88/436/EEC (9); whereas more stringent European standards for the emissions of gaseous pollutants of motor vehicles below 1 400 cm³ were introduced by Council Directive 89/458/EEC (10); whereas these standards have been extended to all passenger cars independently of their engine capacity on the basis of an improved European test procedure comprising an extra-urban driving cycle and, whereas requirements relating to evaporative emissions and to the durability of emissions-related vehicle components as well as more stringent particulate pollutant standards for motor vehicles equipped with diesel engines which were introduced by Council Directive 91/441/EEC (11); whereas Directive 94/12/EC of the European Parliament and of the Council (12) introduced more stringent limit values for all pollutants and a modification of the control of conformity of the production; whereas passenger cars designed to carry more than six passengers and having a maximum mass of more than 2 500 kg, light commercial vehicles, and off-road vehicles, covered by Directive 70/220/EEC, which benefited until then from less stringent standards, have been submitted by Council Directive 93/59/EEC (13) and Directive 97/. . ./EC of the European Parliament and of the Council (14), to standards as severe as the respective standards for passengers cars, taking into account the specific conditions of these vehicles;

Whereas Article 4 of Directive 94/12/EC requires that the Commission proposes standards which will be enforced after the year 2000, according to a new multi-faceted approach, based on a comprehensive assessment of costs and efficiency of all measures aimed at reducing road transport pollution; whereas the proposal should include, besides car emission standard tightening, complementary measures, like an improvement in fuel quality and a strengthening of the car fleet inspection and maintenance programme; whereas the proposal should be based on the establishment of air quality criteria and associated emission reduction objectives and an evaluation of the cost/effectiveness of each package of measures, taking into account the potential contribution of other measures such as, inter alia, traffic management, enhancement of urban public transport, new propulsion technologies, or the use of alternative fuels;

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 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;

Whereas improvement of requirements for new passenger cars in Directive 70/220/EEC constitute a part of a consistent global Community strategy which will also include a revision of standards for light commercial vehicles and heavy duty vehicles from year 2000, an improvement of motor fuels and more accurate assessment of in-use vehicle emission performances; whereas alongside these measures, additional cost/effective local measures will nevertheless be needed to achieve the air quality criteria in the most polluting areas;

Whereas Directive 70/220/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 (15), as last amended by Directive 96/27/EC of the European Parliament and of the Council (16); whereas the objective of reducing the level of pollutant emissions from motor vehicles cannot be sufficiently achieved by individual Member States and can therefore be better achieved by the approximation of the law of the Member States relating to measures to be taken against air pollution by motor vehicles;

Whereas reductions of the Type I test limits applicable from year 2000 corresponding to abatements of 40 % nitrogen oxides, 40 % total hydrocarbons, 30 % carbon monoxide for gasoline passenger cars, 20 % nitrogen oxides, 20 % for the combined value for hydrocarbons plus nitrogen oxides, 40 % carbon monoxide, 35 % particulate matters for indirect injection diesel passenger cars and 40 % nitrogen oxides, 40 % for the combined value for hydrocarbons plus nitrogen oxides, 40 % carbon monoxides and 50 % particulate matters have, for direct injection diesel passenger cars, been identified as key measures to achieve sufficient medium-term air quality; whereas these reductions have been applied to hydrocarbons and nitrogen oxides with the assumption that nitrogen oxides represent respectively 45 % and 80 % of the weight of the combined value measured for gasoline/diesel light duty vehicles complying with Directive 94/12/EC; whereas separate limit values are now normally fixed for gasoline vehicles in order to monitor the emissions of both pollutants; whereas a combined limit value is maintained for diesel vehicles for which the Stage 2000 standards are the most demanding, with a view to facilitating engineering of future engines; whereas these reductions will take into account the effect on real emissions of a modification also adopted for the test cycle with a view to better representing emissions after a cold start ('deletion of 40 s`);

Whereas new provisions for on-board diagnostics (OBD) should be introduced with a view to permitting an immediate detection of 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 only as an option;

Whereas the Type IV test which makes it possible to determinate the evaporative emissions of spark-ignition engines can be improved to better represent real evaporative emissions as well as the status of measuring techniques;

Whereas the characteristics of the reference fuels used for emissions testing should reflect the evolution of the market fuel specifications to be available in year 2000, following legislation on the quality of petrol and diesel fuels;

Whereas a new method for conformity of production checking on in-use vehicles has been identified as a cost/effective accompanying measure; and is included in the emission directive with the objective of implementation in year 2001; whereas Directive 70/156/EEC should be amended accordingly;

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;

Whereas, it is necessary to establish indicative limit values to be applied from 2005 which can also be used for the purposes of, inter alia, encouraging the early introduction of vehicles containing the most advanced anti-pollution equipment;

Whereas these indicative limit values should be confirmed by a directive of the European Parliament and of the Council on the basis of a proposal to be made by the Commission not later than 31 December 1998; whereas the Commission will simultaneously propose measures to improve the quality of fuels for the year 2005; whereas both Directives should enter into force together in 2005;

Whereas Directive 70/220/EEC should be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 70/156/EEC is amended as follows:

1. Article 10 is amended as follows:

(a) the heading is replaced by the following:

'Conformity of production and in-service compliance arrangements`;

(b) the following paragraph 3 is added:

'3. A Member State granting type-approval in relation to separate directives which contain quantified provisions for in-service durability of the systems, components or technical units, covered by these directives, shall make the necessary arrangements for verification to ensure compliance with these provisions by survey on vehicles in service in accordance with the procedures laid down in the directives concerned.`;

2. Article 11 is amended as follows:

(a) the heading is replaced by the following:

'Non-conformity and non-compliance`;

(b) the following paragraph 4a is inserted:

'4a. There shall be failure to comply with quantified durability provisions of a separate directive where a survey on vehicles in service, carried out in accordance with the relevant specifications of the directive, establish that a vehicle type concerned does not meet these durability requirements.

If a Member State which has granted type-approval finds that vehicles in service accompanied by a certificate of conformity do not comply with the quantified durability provisions of a separate directive pursuant to which they have been type-approved, it shall decide on measures to be taken in order to ensure that vehicles in service will again comply with these provisions. The approval authorities of the Member State shall advise those of the other Member States of the measures planned. The relevant authorities in each Member State are competent to decide on the advisability of implementation in their territory of the planned measures.

If a Member State demonstrates that vehicles in service accompanied by a certificate of conformity do not comply with the quantified durability provisions of a separate directive pursuant to which they have been type-approved, it shall request the member State which granted the type-approval to verify that by survey on vehicles in use, if necessary in cooperation with the competent authorities of the other Member States vehicles in service comply with these provisions. Such action shall be taken as soon as possible and in any case within the six months of the date of the request.

When non-compliance for a vehicle in service is established in accordance with the third subparagraph, the vehicle approval authority takes the measures referred to in the second subparagraph.`;

(c) paragraphs 5 and 6 are replaced by the following:

'5. The approval authorities of the Member States shall inform each other within one month of any withdrawal of type-approval and of the reasons for such a measure. In case of in-service survey under Article 10 (2), the approval authorities of the Member State shall inform each other of the decisions taken on the basis of the results of the survey.

6. If the Member State which granted type-approval disputes the failure to conform or to comply demonstrated to it, the Member States concerned shall endeavour to settle the dispute. The Commission shall be kept informed and shall, where necessary, hold appropriate consultations for the purpose of reaching a settlement.`

3. In Article 12, the following subparagraph is added:

'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.`

Article 2

The Annexes to Directive 70/220/EEC are amended in accordance with the Annex hereto.

Article 3

1. Subject to the provisions of Article 6, with effect from 1 January 1998, no Member State may, on grounds relating to air pollution by their emissions:

- refuse to grant EC type-approval pursuant to Article 4 (1) of Directive 70/156/EEC, or

- refuse to grant national type-approval, or

- prohibit the registration, sale or entry into service of vehicles,

if the vehicles comply with the requirements of Directive 70/220/EEC, as amended by this Directive.

2. Subject to the provisions of Article 6, with effect from 1 January 2000, Member States:

- may no longer grant EC type-approval pursuant to Article 4 (1) of Directive 70/156/EEC, and

- shall refuse national type-approval,

for a new type of vehicle on grounds relating to air pollution by emissions if it fails to comply with the provisions of Directive 70/220/EEC, as amended by this Directive.

For the Type I test the limit values set out in row A of the Table in Section 5.3.1.4 of Annex I to Directive 70/220/EEC are to be used.

3. With effect from 1 January 2001, Member States shall:

- consider certificates of conformity which accompany new vehicles pursuant to Directive 70/156/EEC as no longer valid for the purpose of Article 7 (1) of that Directive, 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 70/156/EEC,

on grounds relating to air pollution by emissions, if the vehicles fail to comply with the provisions of Directive 70/220/EEC, as amended by this Directive.

For the Type I test the limit values set out in row A of the Table in Section 5.3.1.4 of Annex I to Directive 70/220/EEC are to be used.

Article 4

Member States may make provision for tax incentives only in respect of motor vehicles which comply with Directive 70/220/EEC, as amended by this Directive. Such incentives shall comply with the provisions of the Treaty and satisfy the following conditions:

- they shall apply to all new vehicles offered for sale on the market of a Member State which comply in advance with either the mandatory limit values set out in row A of the Table in Section 5.3.1.4 of Annex I to Directive 70/220/EEC, as amended by this Directive, or, the indicative limit values set out in row B of the same Table,

- they shall be terminated with effect from the mandatory application of the emission limit values laid in Article 3 (3) for new motor vehicles, or by 1 January 2005 in the case of the indicative limit values set out in row B of the Table in Section 5.3.1.4 of Annex I to Directive 70/220/EEC, as amended by this Directive,

- for each type of motor vehicle, they shall be for an amount lower than the additional cost of the technical solutions introduced to ensure compliance with the values set in Article 3 (3), or the indicative limit values set out in row B of the Table in Section 5.3.1.4 of Annex I to Directive 70/220/EEC, as amended by this Directive, and of their installation on the vehicle.

The Commission shall be informed in sufficient time of plans to institute or change the tax incentives referred to in the first paragraph, so that it can submit its observations.

Article 5

The Commission will propose to the European Parliament and the Council a further tightening of the emission standards of vehicles falling within the scope of this Directive no later than 12 months from the date of adoption of this directive but in any event not later than 31 December 1998. It shall be based on a revised and enhanced version of the methodology used to prepare measures for this Directive.

The strategy put forward in the proposal shall be designed to produce effects to meet the requirements of the Community air quality standards and related objectives at least cost and shall take account of:

- trends in air quality,

- noxious pollutant emissions in Europe from transport and non-transport sources and the contribution that existing, pending and potential emission reduction measures from all sources could make to improve air quality,

- technical developments with regard to vehicle technologies as well as new propulsion technologies (e. g. electric propulsion, fuel cells); and refinery technologies,

- the potential of alternative fuels such as compressed natural gas (CNG), Liquid Petroleum Gas (LPG), Dimethyl Ether (DME) and biofuels to reduce vehicle emissions,

- possible improvements in the test procedures, in particular the addition of a new test procedure at low temperatures,

- the potential of technical, non-technical and local measures to reduce emissions; in this context the contribution of transport and other policy measures such as traffic management, enhanced urban public transport and vehicles scrappage schemes should be evaluated,

- the contribution that selective and differentiated fiscal measures could make to reducing emissions, whilst not negatively impacting the functioning of the internal market,

- the effects of any measures on CO2 emissions,

- the strategies followed by non-member countries to improve air quality and the emission limit values applied therein,

- the supply situation and qualities of crude oil available to Europe.

The proposal shall contain, inter alia, mandatory emission limit values to be applied from 1 January 2005 confirming or modifying the indicative limit values stipulated in Section 5.3.1.4, row B of Annex 1 to Directive 70/220/EEC, as amended by this Directive. In addition, the proposal shall establish whether the framework under which Member States can make provision for tax incentives established in Directive 70/220/EEC, as amended by this Directive, should be revised.

The proposal shall be submitted to the European Parliament and the Council at the same time as the proposal referred to in Article 9 of Directive 97/. . ./EC of the European Parliament and of the Council (17) [on the quality of petrol and diesel fuels]; the measures shall enter into effect at the same time as the measures foreseen in the proposal to be submitted in accordance with Article 9 of that Directive.

Article 6

The provisions of this Directive will enter into force simultaneously with and in accordance with the same timetable for the introduction of measures specified in the Directive for a European Parliament and Council Directive related to the quality of petrol and diesel fuels.

Article 7

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 31 December 1997. They shall immediately inform the Commission thereof.

When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.

Article 8

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

Article 9

This Directive is addressed to the Member States.

(1) OJ No C 112, 20. 12. 1973, p. 1.

(2) OJ No C 138, 17. 5. 1993, p. 1.

(3) OJ No L 76, 6. 4. 1970, p. 1.

(4) OJ No L 159, 15. 6. 1974, p. 61.

(5) OJ No L 32, 3. 2. 1977, p. 32.

(6) OJ No L 223, 14. 8. 1978, p. 48.

(7) OJ No L 197, 20. 7. 1983, p. 1.

(8) OJ No L 36, 9. 2. 1988, p. 1.

(9) OJ No L 214, 6. 8. 1988, p. 1.

(10) OJ No L 226, 3. 8. 1989, p. 1.

(11) OJ No L 242, 30. 8. 1991, p. 1.

(12) OJ No L 100, 19. 4. 1994, p. 42.

(13) OJ No L 186, 28. 7. 1993, p. 21.

(14) OJ No L ...

(15) OJ No L 42, 23. 2. 1970, p. 1.

(16) OJ No L 169, 8. 7. 1996, p. 1.

(17) See p. . . . of this Official Journal.

ANNEX

AMENDMENTS TO THE ANNEXES TO DIRECTIVE 70/220/EEC AS AMENDED BY DIRECTIVE 97/. . ./EC

LIST OF ANNEXES

1. The list of Annexes is amended as follows:

- The indication to Annex VI reads as follows:

'ANNEX VI: Type IV test (Determination of evaporative emissions from vehicles with spark-ignition engines)

Appendix 1: Calibration frequency and methods

Appendix 2: Diurnal ambient temperature profile for the diurnal emission test`

- ANNEX VIII:

The title reads as follows: 'Specifications of reference fuels`

- The following items are added:

'ANNEX X: Control of compliance of vehicles in service

ANNEX XI: On-board diagnostics (OBD) for motor vehicles

Appendix 1: Functional aspects of OBD systems

Appendix 2: Diagnostic services (Test Modes)

Appendix 3: OBD-tools

Appendix 4: Numeric codes

Appendix 5: Addendum to the Information Document

Appendix 6: Essential characteristics of the vehicle family

Appendix 7: Addendum to the EC type-approval certificate`

ANNEX I

2. The heading reads as follows:

'SCOPE, DEFINITIONS, APPLICATION FOR EC TYPE-APPROVAL, EC TYPE-APPROVAL, REQUIREMENTS AND TESTS, EXTENSION OF EC TYPE-APPROVAL, CONFORMITY OF PRODUCTION, COMPLIANCE IN SERVICE, ON-BOARD DIAGNOSTIC (OBD) SYSTEMS`

3. Section 1:

The first sentence reads as follows:

'This Directive applies to

- the tailpipe emissions, evaporative emissions, emissions of crankcase gases, the durability of anti-pollution devices and on-board diagnostic (OBD) systems for all motor vehicles equipped with positive-ignition engines

and

- the tailpipe emissions, the durability of anti-pollution devices and on-board diagnostic (OBD) systems from vehicles of category M1 and N1 (1), equipped with compression-ignition engines

covered by Article 1 of Directive 70/220/EEC in the version of Directive 83/351/EEC (2), with the exception of those vehicles of categories N1 for which type-approval has been granted pursuant to Directive 88/77/EEC (3).`

4. A new Section 2.13 is added to read as follows:

'2.13. "OBD" means an on-board diagnostics system for emission control which shall have the capability of identifying the likely area of malfunction by means of fault codes stored in computer memory.`

5. Sections 3 to 3.2.1 read as follows:

'3. APPLICATION FOR EC TYPE-APPROVAL

3.1. The application for EC type-approval pursuant to Article 3 (4) of Directive 70/156/EEC of a vehicle type with regard to its tailpipe emissions, evaporative emissions, durability of antipollution devices as well as to its on-board diagnostic (OBD) system shall be submitted by the vehicle manufacturer.

As far as the application concerns an on-board diagnostic (OBD) system the procedure described in Annex XI, Section 3 has to be followed.

3.2. A model for the information document relating to tailpipe emissions, evaporative emissions and durability is given in Annex II; concerning an on-board diagnostic (OBD) system a model is given in Annex XI, Appendix 5.

3.2.1. Where appropriate, copies of other type-approvals with the relevant data to enable extension of approvals and establishment of deterioration factors shall be submitted.`

6. Sections 4 to 4.2 read as follows:

'4. GRANTING OF EC TYPE-APPROVAL

4.1. If the relevant requirements are satisfied, EC type-approval shall be granted to Article 4 (3) of Directive 70/156/EEC.

4.2. A model for the EC type-approval certificate relating to tailpipe emissions, evaporative emissions and durability is given in Annex IX, concerning an on-board diagnostic (OBD) system a model is given in Annex XI, Appendix 7.`

7. Section 5:

The note is deleted.

8. Section 5.1.1:

The second paragraph reads as follows:

'The technical measures taken by the manufacturer must be such as to ensure that the tailpipe and evaporative emissions are effectively limited, pursuant to this Directive, throughout the normal life of the vehicle and under normal conditions of use. This will include the security of those hoses, their joints and connections; used within the emission control systems, which must be so constructed as to conform with the original design intent.

For tailpipe emissions, these provisions are deemed to be met if the provisions of Section 5.3.1.4 (type-approval), Section 7 (conformity of production) and Section 8 (compliance of vehicles in service) are respectively complied with.

For evaporative emissions, these provisions are deemed to be met if the provisions of Section 5.3.4 (type-approval), Section 7 of Annex VI (conformity of production) and Section 8 (compliance of vehicles in service) are respectively complied with.`

9. A new Section 5.1.3 is added to read as follows:

'5.1.3. Provision must be made to prevent excess evaporative emissions caused by a missing fuel filter cap. This may be achieved by using:

- an automatically opening and closing, non-removable fuel filler cap,

- design features which avoid excess evaporative emissions in the case of a missing fuel filler cap,

- a malfunction indicator different from the OBD malfunction indicator to signal a missing fuel filler cap,

or any other provision which has the same effect.`

10. Figure I.5.2 is replaced by the following new figure:

'>TABLE>

`11. Section 5.3.1.4:

- After the first paragraph a new Table is inserted to read as follows:

'>TABLE>

`- The first line of the present table relating to vehicles of category M is deleted.

12. A new Section 7.1.4 is added to read as follows:

'7.1.4. If a verification of the performance of the OBD system is to be carried out, it must be conducted in accordance with Section 7 of Annex XI.`

13. Section 8 is deleted.

14. A new Section 8 and 9 are added to read as follows:

'8. CONTROL OF COMPLIANCE OF VEHICLES IN SERVICE

8.1. In order to satisfy the provisions of Section 5.1.1, vehicles in service-properly used and maintained shall comply with the provisions of Sections 5.3.1.4 (tailpipe emissions) and 5.3.4 (evaporative emissions) for up to five years of age or 80 000 km, which occurs first. Compliance with these provisions will be verified in accordance with the provisions of Article 11 of Directive 70/156/EEC by the authorities which have approved the vehicle type concerned with the help of surveys on vehicles in service belonging to this vehicle type. The procedure to the followed for such in service survey is laid down in Annex X.

Any vehicle being accompanied by a valid certificate of conformity in accordance with directive 70/156/EEC may be subject of an in-service survey.

Where non-compliance is established in accordance with the provisions of Annex X, the manufactures of the vehicle type concerned shall carry out the measures notified to him by the authorities of the Member States in accordance with the provisions of Article 11 (2) and 12 (2) of Directive 70/156/EEC.

9. ON-BOARD DIAGNOSTIC (OBD) SYSTEM FOR MOTOR VEHICLES

9.1. Vehicles of category M (1) equipped with positive-ignition engines, except

- vehicles designed to carry more than six occupants including the driver,

- vehicles whose maximum mass exceeds 2 500 kg,

shall be fitted with an on-board diagnostic (OBD) system for the emission control in accordance with Annex XI. If other vehicles of category M are fitted with an on-board diagnostic (OBD) system, the OBD system must meet the requirements of Annex XI.

(1) As defined in Annex II Section A to Directive 70/156/EEC.`

ANNEX III

15. Section 2.3.1:

- Paragraph 2 and 3 are deleted.

- Paragraph 2 (former paragraph 4) reads as follows:

'Vehicles which do not attain the acceleration . . .` (rest unchanged).

16. Section 6.1.3:

The first sentence reads as follows:

'A current of air of variable speed shall be blown over the vehicle.`

17. Section 6.2.2 is deleted.

Appendix 1

18. Section 1.1:

- Figure III.1.1 is replaced by the following new figure:

>REFERENCE TO A FILM>

- In the English version in column 5 of Table III.1.2 (entitled: 'Speed (km/h)`); operation 23 reads as follows:

'35 - 10`

19. Sections 4 to 4.3 including Table III.1.4 and Figure III.1.4 are deleted.

Appendix 3

20. Section 5.1.1.2.7:

In the English version, the formula reads as follows:

'P = >NUM>M V ÄV>DEN>500 T`

ANNEX VI

21. Sections 1 to 6 read as follows:

'1. INTRODUCTION

This Annex describes the procedure of the Type IV test according to Section 5.3.4 of Annex 1.

This procedure describes a method for the determination of the loss of hydrocarbons by evaporation from the fuel systems of vehicles with spark ignition engines.

2. DESCRIPTION OF TEST

The evaporative emission test (Figure VI.1) is designed to determine HC evaporative emissions as a consequence of diurnal temperatures fluctuation, hot soaks during parking, and urban driving. The test consists of these phases:

- test preparation including an urban (Part One) and extra-urban (Part Two) driving cycle,

- hot soak loss determination,

- diurnal loss determination.

Mass emissions of hydrocarbons from the hot soak and the diurnal loss phases are summed up to provide an overall result for the test.

3. VEHICLE AND FUEL

3.1. Vehicle

3.1.1. The vehicle must be in good mechanical condition and have been run in and driven at least 3 000 km before the test. The evaporative emission control system must be connected and have been functioning correctly over this period and the carbon canister(s) shall have been subject to normal use, neither undergoing abnormal purging nor abnormal loading.

3.2. Fuel

3.2.1. The appropriate reference fuel must be used, as defined in Annex VIII to this Directive.

4. TEST EQUIPMENT FOR EVAPORATIVE TEST

4.1. Chassis dynamometer

The chassis dynamometer must meet the requirements of Annex III.

4.2. Evaporative emission measurement enclosure

The evaporative emission measurement enclosure must be a gas-tight rectangular measuring chamber able to contain the vehicle under test. The vehicle must be accessible from all sides and the enclosure when sealed must be gas tight in accordance with Appendix 1. The inner surface of the enclosure must be impermeable and non-reactive to hydrocarbons. The temperature conditioning system shall be capable of controlling the internal enclosure air temperature to follow the prescribed temperature versus time profile throughout the test, and an average tolerance of ± 1 K over the duration of the test.

The control system shall be tuned to provide a smooth temperature pattern that has a minimum of overshoot, hunting, and instability about the desired long-term ambient temperature profile. Interior surface temperatures shall not be less than 278 K (5 °C) nor more than 328 K (55 °C) at any time during the diurnal emission test. Wall design must be such as to promote good dissipation of heat. Interior surface temperatures shall not be below 293 K (20 °C), nor above 325 K (52 °C) for the duration of the hot soak test.

To accommodate the volume changes due to enclosure temperature changes, either a variable-volume or fixed-volume enclosure may be used.

4.2.1 Variable-volume enclosure

The variable-volume enclosure expands and contracts in response to the temperature change of the air mass in the enclosure. Two potential means of accommodating the internal volume changes are movable panel(s), or a bellows design, in which impermeable bag(s) inside the enclosure expand and contract in response to internal pressure changes by exchanging air from outside the enclosure. Any design for volume accommodation must maintain the integrity of the enclosure as specified in Appendix 1 over the specified temperature range.

Any method of volume accommodation shall limit the differential between the enclosure internal pressure and the barometric pressure to a maximum value of ± 5 hPa.

The enclosure shall be capable of latching to a fixed volume. A variable volume enclosure must be capable of accommodating a ± 7 percent change from its 'nominal volume` (see Appendix 1 Section 2.1.1), accounting for temperature and barometric pressure variation during testing.

4.2.2. Fixed-volume enclosure

The fixed-volume enclosure shall be constructed with rigid panels that maintain a fixed enclosure volume, and meet the following requirements.

4.2.2.1. The enclosure shall be equipped with an outlet flow stream that withdraws air at a low, constant rate from the enclosure throughout the test. An inlet flow stream may provide make-up air to balance the outgoing flow with incoming ambient air. Inlet air must be filtered with activated carbon to provide a relatively constant hydrocarbon level. Any method of volume accommodation shall maintain the differential between the enclosure internal pressure and the barometric pressure between 0 and 5 hPa.

4.2.2.2. The equipment shall be capable of measuring the mass of hydrocarbon in the inlet and outlet flow streams with a resolution of 0,01 gram. A bag sampling system may be used to collect a proportional sample of the air withdrawn from and admitted to the enclosure. Alternatively, the inlet and outlet flow streams may be continuously analyzed using an on-line FID analyzer and integrated with the flow measurements to provide a continuous record of the mass hydrocarbon removal.

>REFERENCE TO A FILM>

4.3. Analytical systems

4.3.1. Hydrocarbon analyzer

4.3.1.1. The atmosphere within the chamber is monitored using a hydrocarbon detector of the flame ionization detector (FID) type. Sample gas must be drawn from the mid-point of one side wall or roof of the chamber and any bypass flow must be returned to the enclosure, preferably to a point immediately downstream of the mixing fan.

4.3.1.2. The hydrocarbon analyzer must have a response time to 90 % of final reading of less than 1,5 seconds. Its stability shall be better than 2 % of full scale at zero and at 80 ± 20 % of full scale over a 15-minute period for all operational ranges.

4.3.1.3. The repeatability of the analyzer 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.

4.3.1.4. The operational ranges of the analyzer must be chosen to give best resolution over the measurement, calibration and leak checking procedures.

4.3.2. Hydrocarbon analyzer data recording system

4.3.2.1. The hydrocarbon analyzer must be fitted with a device to record electrical signal output either by strip chart recorder or other data processing system at a frequency of at least once per minute. The recording system must have operating characteristics at least equivalent to the signal being recorded and must provide a permanent record of results. The record shall show a positive indication of the beginning and end of the hot soak or diurnal emission test (including beginning and end of sampling periods along with the time elapsed between start and completion of each test).

4.4. Fuel tank heating (only applicable for gasoline canister load option)

4.4.1. The fuel in the vehicle tank(s) must be heated by a controllable source of heat, for example a heating pad of 2 000 W capacity is suitable. The heating system must apply heat evenly to the tank walls beneath the level of the fuel so as not to cause local overheating of the fuel. Heat must not be applied to the vapour in the tank above the fuel.

4.4.2. The tank heating device must make it possible to evenly heat the fuel in the tank by 14 K from 289 K (16 °C) within 60 minutes, with the temperature sensor position as in Section 5.1.1. The heating system must be capable of controlling the fuel temperature to ± 1,5 K of the required temperature during the tank heating process.

4.5. Temperature recording

4.5.1. The temperature in the chamber is recorded at two points by temperature sensors which are connected so as to show a mean value. The measuring points are extended approximately 0,1 m into the enclosure from the vertical centre line of each side wall at a height of 0,9 ± 0,2 m.

4.5.2. The temperatures of the fuel tank(s) shall be recorded by means of the sensor positioned in the fuel tank as in Section 5.1.1 in the case of use of the gasoline canister load option (Section 5.1.5).

4.5.3. Temperatures must, throughout the evaporative emission measurements, be recorded or entered into a data processing system at a frequency of at least once per minute.

4.5.4. The accuracy of the temperature recording system must be within ± 1,0 K and the temperature must be capable of being resolved to 0,4 K.

4.5.5. The recording or data processing system must be capable of resolving time to ± 15 seconds.

4.6. Pressure recording

4.6.1. The difference Äð between barometric pressure within the test area and the enclosure internal pressure must, throughout the evaporative emission measurements, be recorded or entered into a data processing system at a frequency of at least once per minute.

4.6.2. The accuracy of the pressure recording system must be within ± 2 hPa and the pressure must be capable of being resolved to 0,2 ± hPa.

4.6.3. The recording or data processing system must be capable of resolving time to ± 15 seconds.

4.7. Fans

4.7.1. By the use of one or more fans or blowers with the SHED door(s) open it must be possible to reduce the hydrocarbons concentration in the chamber to the ambient hydrocarbon level.

4.7.2. The chamber must have one or more fans or blowers of likely capacity 0,1 to 0,5 m³s-1 with which to thoroughly mix the atmosphere in the enclosure. It must be possible to attain an even temperature and hydrocarbon concentration in the chamber during measurements. The vehicle in the enclosure must not be subjected to a direct stream of air from the fans or blowers.

4.8. Gases

4.8.1. The following pure gases must be available for calibration and operation:

- purified synthetic air (purity: < 1 ppm C1 equivalent ≤ 1 ppm CO, ≤ 400 ppm CO2, ≤ 0,1 ppm NO); oxygen content between 18 and 21 % by volume,

- hydrocarbon analyzer fuel gas (40 ± 2 % hydrogen, and balance helium with less than 1 ppm C1 equivalent hydrocarbon, less than 400 ppm CO2),

- propane (C3H8), 99,5 % minimum purity,

- butane (C4H10), 98 % minimum purity,

- nitrogen (N2), 98 % minimum purity.

4.8.2. Calibration and span gases shall be available containing mixtures of propane (C3H8) and purified synthetic air. The true concentrations of a calibration gas must be within ± 2 % of stated figures. The accuracy of the diluted gases obtained when using a gas divider must be to within ± 2 % of the true value. The concentrations specified in Appendix 1 may also be obtained by the use of a gas divider using synthetic air as the diluent gas.

4.9. Additional equipment

4.9.1. The absolute humidity in the tests area must be measurable to within ±5 %.

5. TEST PROCEDURE

5.1. Test preparation

5.1.1. The vehicle is mechanically prepared before the test as follows:

- the exhaust system of the vehicle must not exhibit any leaks,

- the vehicle may be steam cleaned before the test,

- in the case of use of the gasoline canister load option (Section 5.1.5) the fuel tank of the vehicle must be equipped with a temperature sensor to enable the temperature to be measured at the mid-point of the fuel in the fuel tank when filled to 40 % of its capacity,

- additional fittings, adapters of devices must be fitted to the fuel system in order to allow a complete draining of the fuel tank. For this purpose it is not necessary to modify the shell of the tank.

5.1.2. The vehicle is taken into the test area where the ambient temperature is between 293 and 303 K (20 and 30 °C).

5.1.3. The ageing of the canister(s) has to be verified. This may be done by demonstrating that it has accumulated a minimum of 3 000 km. It this demonstration is not given, the following procedure is used. In the case of a multiple canister system each canister shall undergo the procedure separately.

5.1.3.1. The canister shall be removed from the vehicle. Special care shall be taken during this step to avoid damage to components and the integrity of the fuel system.

5.1.3.2. Check the weight of the canister.

5.1.3.3. Connect the canister to a fuel tank, possibly an external one, filled with reference fuel, to 40 % volume of the fuel tank(s).

5.1.3.4. The fuel temperature in the fuel tank should be between 283 K (10 °C) and 287 K (14 °C).

5.1.3.5. Heat the (external) fuel tank from 288 to 318 K (15 to 45 °C) (1 °C increase every nine minutes).

5.1.3.6. If the canister reaches breakthrough before the temperature reaches 318 K (45 °C), the heat source shall be turned off. Then weigh the canister. If the canister did not reach breakthrough during the heating to 318 K (45 °C), the procedure shall be repeated from Section 5.1.3.3 until breakthrough occurs.

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.

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.

5.1.3.9. Check the weight of the canister.

5.1.3.10. Repeat nine times the steps of the procedure in Sections 5.1.3.4. to 5.1.3.9. The test may be terminated prior to that, after not less than three ageing cycles, if the weight of the canister after the last cycles has stabilized.

5.1.3.11. Reconnect the evaporative emission canister and restore the vehicle to its normal operation condition.

5.1.4. One of the methods specified in Sections 5.1.5 and 5.1.6 shall be used to precondition the evaporative canister. For vehicles with multiple canisters, each canister shall be preconditioned separately.

5.1.4.1. Canister emissions are measured to determine breakthrough.

Breakthrough is here defined as the point at which the cumulative quantity of hydrocarbons emitted is equal to 2 grams.

5.1.4.2. Breakthrough may be verified using the evaporative emission enclosure as described in Sections 5.1.5 and 5.1.6 respectively. Alternatively, breakthrough may be determined using an auxiliary evaporative canister connected downstream of the vehicle's canister. The auxiliary canister shall be well purged with dry air prior to loading.

5.1.4.3. The measuring chamber shall be purged for several minutes immediately before the test until a stable background is obtained. The chamber air mixing fan(s) must be switched on at this time.

The hydrocarbon analyzer must be zeroed and spanned immediately before the test.

5.1.5. Canister loading with repeated heat build to breakthrough

5.1.5.1. The fuel tank(s) of the vehicle(s) is (are) emptied using the fuel tank drain(s). This must be done so as not to either abnormally purge nor abnormally load the evaporative control devices fitted to the vehicle. Removal of the fuel cap will normally be sufficient to achieve this.

5.1.5.2. The fuel tank(s) is (are) refilled with test fuel at a temperature of between 283 to 287 K (10 to 14 °C) to 40 ± 2 % of the tank's normal volumetric capacity. The fuel cap(s) of the vehicle must be fitted at this point.

5.1.5.3. Within one hour of being refuelled the vehicle shall be placed, with the engine shut off, in the evaporative emission enclosure. The fuel tank temperature sensor shall be connected to the temperature recording system. A heat source shall be properly positioned with respect to the fuel tank(s) and connected to the temperature controller. The heat source is specified in Section 4.4. In the case of vehicles fitted with more than one fuel tank, all the tanks must be heated in the same way as described below. The temperatures of the tanks must be identical to within ± 1,5 K.

5.1.5.4. The fuel may be artificially heated to the starting diurnal temperature of 293 K (20 °C) ± 1 K.

5.1.5.5. When the fuel temperature reaches at least 292 K (19 °C), immediately: turn off the purge blower; close and seal enclosure doors; and initiate measurement of the hydrocarbon level in the enclosure.

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 = T° + 0,2333 - t

where:

Tr = required temperature (K);

T0 = initial temperature (K);

t = time from start of the tank heat build in minutes.

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.

5.1.6. Butane loading to breakthrough

5.1.6.1. If the enclosure is used for the determination of the breakthrough (see Section 5.1.4.2) the vehicle shall be placed, with the engine shut off, in the evaporative emission enclosure.

5.1.6.2. Prepare the evaporative emission canister for the canister loading operation. The canister shall not be removed from the vehicle, unless access to the canister in its normal location is so restricted that loading can only reasonably be accomplished by removing the canister from the vehicle. Special care shall be taken during this step to avoid damage to the components and the integrity of the fuel system.

5.1.6.3. Load the canister with a mixture composed of 50 percent butane and 50 percent nitrogen by volume at a rate of 40 grams butane per hour.

5.1.6.4. As soon as the canister reaches breakthrough, the vapour source shall be shut off.

5.1.6.5. Reconnect the evaporative emission canister and restore the vehicle to its normal operation condition.

5.1.7. Fuel drain and refill

5.1.7.1. The fuel tank(s) of the vehicle(s) is (are) emptied using the fuel tank drain(s). This must be done so as not to either abnormally pure nor abnormally load the evaporative control devices fitted to the vehicle. Removal of the fuel cap will normally be sufficient to achieve this.

5.1.7.2. The fuel tank(s) is (are) refilled with test fuel at a temperature of between 291 K ± 8 K (18 ± 8 °C) to 40 ± 2 % of the tank's normal volumetric capacity. The fuel cap(s) of the vehicle must be fitted at this point.

5.2. Preconditioning drive

5.2.1. Within one hour from the completing of canister loading in Section 5.1.5 or 5.1.6 the vehicle is placed on the chassis dynamometer and is driven through one Part One and two Part Two driving cycles of Type I test as specified in Annex III. Exhaust emissions are not sampled during this operation.

5.3. Soak

5.3.1. Within five minutes of completing the preconditioning operation specified in Section 5.2.1 the engine bonnet must be completely closed and the vehicle driven off the chassis dynamometer and parked in the soak area. The vehicle is parked for a minimum of 12 hours and a maximum of 36 hours. The engine oil and coolant temperatures must have reached the temperature of the area of within ± 3 K at the end of the period.

5.4. Dynamometer test

5.4.1. After conclusion of the soak period the vehicle is driven through a complete Type I test drive as described in Annex III (cold start urban and extra urban test). Then the engine is shut off. Exhaust emissions may be sampled during this operation and the results are not used for the purpose of exhaust emission type approval.

5.4.2. Within two minutes of completing the Type I test drive specified in Section 5.4.1 the vehicle is driven a further conditioning drive consisting of one urban test cycle (hot start) of a Type I test. Then the engine is shut off again. Exhaust emissions need not to be sampled during this operation.

5.5. Hot soak evaporative emissions test

5.5.1. Before the completion of the conditioning drive the measuring chamber must be purged for several minutes until a stable hydrocarbon background is obtained. The enclosure mixing fan(s) must also be turned on at this time.

5.5.2. The hydrocarbon analyzer must be zeroed and spanned immediately prior to the test.

5.5.3. At the end of the conditioning drive the engine bonnet must be completely closed and all connections between the vehicle and the test stand disconnected. The vehicle is then driven to the measuring chamber with a minimum use of the accelerator pedal. The engine must be turned off before any part of the vehicle enters the measuring chamber. The time at which the engine is switched off is recorded on the evaporative emission measurement data recording system and temperature recording begins. The vehicle's windows and luggage compartments must be opened at this stage, if not already opened.

5.5.4. The vehicle must be pushed or otherwise moved into the measuring chamber with the engines switched off.

5.5.5. The enclosure doors are closed and sealed gas-tight within two minutes of the engine being switched off and within seven minutes of the end of the conditioning drive.

5.5.6. The start of a 60 ± 0,5 minute hot soak period begins when the chamber is sealed. The hydrocarbon concentration, temperature and barometric pressure are measured to give the initial readings CHC,i, Pi and Ti for the hot soak test. These figures are used in the evaporative emission calculation, Section 6. The ambient SHED temperature T must not be less than 296 K and no more than 304 K during the 60-minute hot soak period.

5.5.7. The hydrocarbon analyzer must be zeroed and spanned immediately before the end of the 60 ± 0,5 minute test period.

5.5.8. At the end of the 60 ± 0,5 minute test period measure the hydrocarbon concentration in the chamber. The temperature and the barometric pressure are also measured. These are the final readings CHC,f, Pf and Tf for the hot soak test used for the calculation in Section 6.

5.6. Soak

5.6.1. The test vehicle shall be pushed or otherwise moved to the soak area without use of the engine and shall be soaked for not less than six hours and not more than 36 hours between the end of the hot soak test and the start of the diurnal emission test. For at least 6 hours of this period; the vehicle shall be soaked at 293 ± 2 K (20 °C ± 2 °C).

5.7. Diurnal test

5.7.1. The test vehicle shall be exposed to one cycle of ambient temperature according to the profile specified in Appendix 2 with a maximum deviation of ± 2 K at any time. The average temperature deviation from the profile, calculated using the absolute value of each measured deviation, shall not exceed 1 K. Ambient temperatures shall be measured at least every minute. Temperature cycling shall begin when time tstart = 0, as specified in Section 5.7.6.

5.7.2. The measuring chamber shall be purged for several minutes immediately before the test until a stable background is obtainable. The chamber mixing fan(s) must also be switched on at this time.

5.7.3. The test vehicle, with the engine shut off and the test vehicle windows and luggage compartment(s) opened shall be moved into the measuring chamber. The mixing fan(s) shall be adjusted in such a way that it (they) maintain a minimum air circulation of 8 km/h under the fuel tank of the test vehicle.

5.7.4. The hydrocarbon analyser must be zeroed and spanned immediately before the test.

5.7.5. The enclosure doors are closed and gas-tight sealed.

5.7.6. Within 10 minutes of closing and sealing the doors, the hydrocarbon concentration, temperature and barometric pressure are measured to give the initial readings CHC,i, Pi and Ti for the diurnal test. This is the point where time tstart = 0.

5.7.7. The hydrocarbon analyser must be zeroed and spanned immediately before the end of the test.

5.7.8. The end of the emission sampling period shall occur 24 hours ± 6 minutes after the beginning of the initial sampling, as specified in Section 5.7.6. The time elapsed is recorded. The hydrocarbon concentration, temperature and barometric pressure are measured to give the final readings CHC,f, Pf and Tf for the diurnal test used for the calculation in Section 6. This completes the evaporative emission test procedure.

6. CALCULATION

6.1. The evaporative emission tests described in Section 5 allow the hydrocarbon emissions from the diurnal and hot soak phases to be calculated. Evaporative losses from each of theses phases is calculated using the initial and final hydrocarbon concentrations, temperatures and pressures in the enclosure, together with the net enclosure volume.

The formula below is used:

MHC = k . V . 10-4 . (>NUM>CHC, f . Pf>DEN>Tf - >NUM>CHC, i . Pi>DEN>Ti) + MHC, out - MHC, i

where:

MHC = mass of hydrocarbon exiting the enclosure, in the case of fixed-volume enclosures for diurnal emission testing (grams).

MHC,i = mass of hydrocarbon entering the enclosure, in the case of fixed-volume enclosures for diurnal emission testing (grams).

CHC = measured hydrocarbon concentration in the enclosure (ppm (volume) C1 equivalent),

V = net enclosure volume in cubic metres corrected for the volume of the vehicle, with the windows and the luggage compartment open. If the volume of the vehicle is not determined a volume of 1,42 m³ is subtracted.

T = ambient chamber temperature, K,

P = barometric pressure in kPA,

>NUM>H>DEN>C = hydrogen to carbon ration,

k = 1,2 . (12 + >NUM>H>DEN>C);

when:

i is the initial reading

f is the final reading

>NUM>H>DEN>C is taken to be 2,33 for diurnal test losses

>NUM>H>DEN>C is taken to be 2,20 for hot soak losses.

6.2. Overall results of test

The overall hydrocarbon mass emission for the vehicle is taken to be:

Mtotal = MDI + MHS

where:

Mtotal = overall mass emissions of the vehicle (grams),

MDI = hydrocarbon mass emission for diurnal test (grams),

MHS = hydrocarbon mass emission for the hot soak (grams).`

Appendix 1

22. Sections 1 and 2 read as follows:

'1. CALIBRATION FREQUENCY AND METHODS

1.1. All equipment must be calibrated before its initial use and then calibrated as often as necessary and in any case in the month before type-approval testing. The calibration methods to be used are described in this Appendix.

1.2. Normally the series of temperatures which are mentioned firstly should be used. The series of temperatures within square brackets can alternatively be used.

2. CALIBRATION OF THE ENCLOSURE

2.1. Initial determination of enclosure internal volume

2.1.1. Before its initial use, the internal volume of the chamber must be determined as follows. The internal dimensions of the chamber are carefully measured, allowing for any irregularities such as bracing struts. The internal volume of the chamber is determined from these measurements.

For variable-volume enclosures, latch the enclosure to a fixed volume when the enclosure is held at an ambient temperature of 303 K (30 °C) [302 K (29 °C)]. This nominal volume shall be repeatable within ± 0,5 percent of the reported value.

2.1.2. The net internal volume is determined by subtracting 1,42 m³ from the internal volume of the chamber. Alternatively the volume of the test vehicle with the luggage compartment and windows open may be used instead of the 1,42 m³.

2.1.3. The chamber must be checked as in Section 2.3. If the propane mass does not agree with the injected mass to within ± 2 % then corrective action is required.

2.2. Determination of chamber background emissions

This operation determines that the chamber does not contain any materials that emit significant amounts of hydrocarbons. The check must be carried out at the enclosure's introduction to service, after any operations in the enclosure which may affect background emissions and at a frequency of a least once per year.

2.2.1. Variable-volume enclosures may be operated in either latched or unlatched volume configuration, as described in Section 2.1.1. Ambient temperatures shall be maintained at 308 ± 2 K (35 ± 2 °C) [309 ± 2 K (36 ± 2 °C], throughout the four-hour period mentioned below.

2.2.2. Fixed volume enclosures shall be operated with inlet and outlet flow streams closed. Ambient temperatures shall be maintained at 308 ± 2 K (35 ± 2 °C) [309 ± 2 K (36 ± 2 °C)] throughout the four-hour period mentioned below.

2.2.3. The enclosure may be sealed and the mixing fan operated for a period of up to 12 hours before the four-hour background sampling period begins.

2.2.4. Calibrate the analyzer (if required), then zero and span.

2.2.5. Purge the enclosure until a stable hydrocarbon reading is obtained. The mixing fan is turned on if not already on.

2.2.6. Seal the chamber and measure the background hydrocarbon concentration, temperature and barometric pressure. These are the initial readings CHC,i, Pi and Ti used in the enclosure background calculation.

2.2.7. The enclosure is allowed to stand undisturbed with the mixing fan on for a period of four hours.

2.2.8. At the end of this time use the same analyzer to measure the hydrocarbon concentration in the chamber. The temperature and the barometric pressure are also measured. These are the final readings CHC,f, Tf and Pf.

2.2.9. Calculate the change in mass of hydrocarbons in the enclosure over the time of the test according to Section 2.4. The background emission of the enclosure must not exceed 0,05 g.

2.3. Calibration and hydrocarbon retention test of the chamber

The calibration and hydrocarbon retention test in the chamber provides a check on the calculated volume in Section 2.1 and also measures any leak rate. The enclosure leak rate shall be determined at the enclosure's introduction to service, after any operations in the enclosure which may effect the integrity of the enclosure, and at least monthly thereafter. If six consecutive monthly retention checks are successfully completed without corrective action, the enclosure leak rate may be determined quarterly thereafter as long as no corrective action is required.

2.3.1. Purge the enclosure until a stable hydrocarbon concentration is reached. Turn on the mixing fan, if not already switched on. The hydrocarbon analyzer is zeroed, calibrated if required, and spanned.

2.3.2. On variable-volume enclosures latch the enclosure to the nominal volume position. On fixed-volume enclosures close the outlet and inlet flow streams.

2.3.3. Turn on the ambient temperature control system (if not already on) and adjust it for an initial temperature of 308 K(35 °C) [309 K (36 °C)].

2.3.4. When the enclosure stabilizes at 308 ± 2 K (35 ± 2 °C) [309 ± 2 K (36 ± 2 °C)], seal the enclosure and measure the background concentration, temperature and barometric pressure. These are the initial readings CHC,i, Pi and Ti used in the enclosure calibration.

2.3.5. Inject a quantity of approximately 4 grams of propane into the enclosure. The mass of propane must be measured to an accuracy and precision of ± 0,2 % of the measured value.

2.3.6. Allow the contents of the chamber to mix for five minutes and then measure the hydrocarbon concentration, temperature and barometric pressure. These are the final readings CHC,f, Tf and Pf for the calibration of the enclosure as well as the initial readings CHC,i, Ti and Pi and for the retention check.

2.3.7. Using the readings taken in Section 2.3.4 and 2.3.6 and the formula in Section 2.4, calculate the mass of propane in the enclosure. This must be within ± 2 % of the mass of propane measured in Section 2.3.5.

2.3.8. For variable-volume enclosures unlatch the enclosure from the nominal volume configuration. For fixed-volume enclosures, open the outlet and inlet flow streams.

2.3.9. Start cycling the ambient temperature from 308 K (35 °C) to 293 K (20 °C) and back to 308 K (35 °C) [308,6 K (35,6 °C) to 295,2 K (22,2 °C) and back to 308,6 K (35,6 °C)] over a 24-hour period according to the profile [alternative profile] specified in Appendix 2 within 15 minutes of sealing the enclosure (Tolerances as specified in Section 5.7.1 of Annex VI).

2.3.10. At the completion of the 24-hour cycling period, measure and record the final hydrocarbon concentration, temperature and barometric pressure. These are the final readings CHC,f, Tf and Pf for the hydrocarbon retention check.

2.3.11. Calculate using the formula in Section 2.4, the hydrocarbon mass from the readings taken in Sections 2.3.10 and 2.3.6. The mass may not differ by more than 3 % from the hydrocarbon mass given by Section 2.3.7.

2.4. Calculations

The calculation of net hydrocarbon mass change within the enclosure is used to determine the chamber's hydrocarbon background and leak rate. Initial and final readings of hydrocarbon concentration, temperature and barometric pressure are used in the following formula to calculate the mass change.

MHC = k . V . 10-4 . (>NUM>CHC, f . Pf>DEN>Tf - >NUM>CHC, i . Pi>DEN>Ti) + MHC, out - MHC, i

where:

MHC = hydrocarbon mass in grams

MHC,out = mass of hydrocarbon exiting the enclosure, in the case of fixed-volume enclosures for diurnal emission testing (grams)

MHC,i = mass of hydrocarbon entering the enclosure, in the case of fixed volume enclosures for diurnal emission testing (grams)

CHC = hydrocarbon concentration in the enclosure (ppm carbon (NB: ppm carbon = ppm propane x 3))

V = enclosure volume in cubic metres as measured in Section 2.1.1

T = ambient temperature in the enclosure, K,

P = barometric pressure, kPa,

k = 17,6;

when:

i is the initial reading.

f is the final reading`

Appendix 2

23. The following new Appendix 2 is added:

'Appendix 2

Diurnal ambient temperature profile for the calibration of the enclosure and the diurnal emission test

>TABLE>

Alternative diurnal ambient temperature profile for the calibration of the enclosure in accordance with Annex I, Section 1.2

>TABLE>

`

ANNEX VIII

24. Annex VIII reads as follows:

'ANNEX VIII

SPECIFICATIONS OF REFERENCE FUELS

1. TECHNICAL DATA OF THE REFERENCE FUEL TO BE USED FOR TESTING VEHICLES EQUIPPED WITH POSITIVE-IGNITION ENGINES

Type: petrol, unleaded (regular, premium, super)

>TABLE>

2. TECHNICAL DATA OF THE REFERENCE FUEL TO BE USED FOR TESTING VEHICLES EQUIPPED WITH A DIESEL ENGINE

Type: Diesel fuel

>TABLE>

`

ANNEX X

25. A new Annex X is added to read as follows:

'ANNEX X

CONTROL OF COMPLIANCE OF VEHICLES IN SERVICE

1. INTRODUCTION

1.1. This Annex describes the procedure referred to in Section 8 of Annex I for the control of compliance of vehicles in service. The procedure describes the selection and handling of test vehicles, in service survey testing and evaluation, the plan of remedial measures and its implementation.

2. IN SERVICE SURVEY

2.1. The in service survey will be performed by the approval authority which granted the original type-approval according to this Directive, according to procedures laid down in Section 5.

2.2. The manufacturer shall be notified whenever the approval authority in a Member State, which granted the original type-approval in accordance with this directive, has determined that a vehicle type produced by that manufacturer, although properly maintained and used, does not conform to these provisions.

2.3. When a manufacturer is notified that a vehicle type is in non-compliance with applicable requirements (including emission limit values) of this Directive, the manufacturer shall submit a plan of measures to the approval authority to remedy such non-compliance.

2.4. Any vehicle approved according to the requirements of this Directive is subject to the provisions in this Annex.

3. DEFINITIONS

For the purpose of this Annex the following definitions apply.

3.1. The terms used in this Annex X and not specifically defined shall have the meaning assigned to such terms in Annex I to this Directive, or if not defined in Annex I to this Directive, the meaning assigned to such terms in Directive 70/156/EEC.

3.2. "In Service Survey" means tests and evaluations of compliance conducted according to this Annex.

3.3. "Properly maintained and used" means for the purpose of a test vehicle that such a vehicle satisfies the criteria for acceptance of a selected vehicle of Section 5.

4. SURVEY SCHEDULE

4.1. The manufacturer will be notified 45 working days before the initiation of the in service survey of a vehicle type.

4.2. The manufacturer may submit a voluntary plan of remedial measures, drafted according to Section 6 at any time prior to completion of an in service survey.

5. SELECTION CRITERIA, MAINTENANCE, AND SURVEY TEST

5.1. Emission tests and evaluations to determine whether a vehicle type conforms to the requirements shall be performed in accordance with the procedures of Section 5. The manufacturer shall have an opportunity to observe all the selection and testing and to inspect all vehicles tested under Section 5. In service survey testing of the on-board diagnostic system shall be performed in accordance with Section 5.5 Sections 5.2, 5.3 and 5.4 do not apply under OBD survey.

5.2. The approval authority shall select vehicles for in service survey on a random base chosen in accordance with Appendix 1 to this Annex from vehicles within the selected vehicle type. The approval authority determines the vehicle selection. The vehicles for testing shall be representative of the vehicle type which they belong to and available for sale or sold in the EU.

Selection criteria

5.3. The criteria for acceptance of a selected vehicle follows from Sections 5.3.1 - 5.3.8. Information will be gathered through vehicle examination and a interview with the owner which may include a written survey by the manufacturer.

5.3.1. The vehicle belongs to a vehicle type that is type-approved under this Directive and is accompanied with a Certificate of Conformity according to Directive 70/156/EEC. It shall be registered and privately used in the EU.

5.3.2. The vehicle has been in service for less than 80 000 km or five years which ever occurs first.

5.3.3. There is a maintenance record to show that the vehicle has been properly maintained, e.g. has been serviced in accordance with the manufacturer's recommendations.

5.3.4. There is no indication of abuse (e.g., racing, overloading, misfuelling, or other misuse), or other factors (e.g. tampering) that would affect emissions performance. In the case of vehicles fitted with an OBD system, the information stored in its memory shall be taken into account.

5.3.5. There has been no unauthorized major repair to the engine or major repair of the vehicle.

5.3.6. Lead content and sulphur content of fuel sample from the vehicle tank meets applicable standards and there is no other evidence of misfuelling. Checks may be done in the exhaust pipe, etc.

5.3.7. There is no indication of any problem that might jeopardize the safety of laboratory personnel.

5.3.8. All emission control system components on the vehicle shall be in conformity with applicable type approval.

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.

5.4.1. Check air filter, all drive belts, all fluid levels, radiator cap, all vacuum hoses and electrical wiring related to emissions control for integrity; check ignition, fuel metering and emission control system components for maladjustments and/or tampering. Record all discrepancies.

5.4.2. Check the integrity of the OBD system; record all malfunction information stored in the OBD memory; make all repairs necessary for extinguishing all malfunction indications.

5.4.3. If the OBD malfunction indicator registers a malfunction during a preconditioning cycle or emission test cycle, the fault may be identified and repaired. The test may be rerun, and the results from that repaired vehicle may be used.

5.4.4. Check ignition system and replace defective components; i.e., spark plugs, wires, etc.

5.4.5. Check compression.

5.4.6. Check and adjust engine parameters to manufacturer's specifications.

5.4.7. If the vehicle is (before) within 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.

5.4.8. Upon acceptance of the vehicle the fuel shall be replaced with appropriate emission test reference fuel, unless the manufacturer accepts the use of market fuel.

In service survey testing and evaluation of results

5.5. Applicable emission tests in accordance with this Directive will be performed on vehicles selected in accordance with the requirements of Sections 5.3 and 5.4 and after being pre-conditioned.

5.6. Vehicles equipped with an OBD system will be checked for proper durability of the malfunction indication, etc., in relation to levels of emissions (e.g. malfunction indication limits defined in Annex XI) for the type-approved specification.

5.6.1. The OBD system may be tested for, e.g., levels of emissions above applicable limit values with no malfunction indication, systematic erroneous activation of the malfunction indication, and identified faulty or deteriorated components in the OBD system.

5.6.2. If a component or system that operates outside of the particulars in the type-approval certificate and/or information package for such vehicle type and such deviation has not been authorized under Article 5 (3) or 5 (4) of Directive 70/156/EEC with no malfunction indication by the OBD, the component or system shall not be replaced prior to emission testing, unless it is determined that the component or system has been tampered with or abused in such a manner that the OBD does not detect the resulting malfunction.

5.7. The test results are submitted to the evaluation procedure in accordance with Appendix 1 of this Directive.

5.8. Within 10 working days after concluding the test, the results of the test and of the evaluation referred to in Section 5.7 shall be submitted to the manufacturer.

5.9. The manufacturer shall have, as far as possible, the opportunity to make such inspections and investigations of vehicles whose test results do not comply with the limit value for any pollutant applicable under this Directive to determine the existence of any improper maintenance, misuse, misfuelling, tampering or abuse that was not reasonably discoverable prior to the commencement of testing.

5.10. Within 25 working days from receiving the test results, the manufacturer may submit a statement based on additional investigation on sample vehicles to the authority concerning the performance of the testing or the determination of a non-compliance. The statement, if any, will be enclosed in the test report. The authority shall give due regard to the manufacturer's statement in determining whether a non-compliance exists.

5.11. Within 10 working days after the time limit of Section 5.10 has elapsed, the authority shall finalize the test report and take a decision on compliance and non-compliance. Non-compliance shall be declared when for any single pollutant the result of the evaluation referred in Section 5.7 exceed the limit values given in Section 5.3.1.4 of Annex I to this Directive. Test results shall not be multiplied by deterioration factors.

6. PLAN OF REMEDIAL MEASURES

6.1. When the manufacturer is notified that a vehicle type is in non-compliance according to the requirements of these provisions, the manufacturer shall submit to the approval authority a plan of remedial measures to remedy the non-compliance. These plan of remedial measures can address vehicles in service, vehicles under production as well as amendments to the type-approval, if appropriate.

6.2. The plan of remedial measures shall be filed with the approval authority not later than 45 working days from the date of the notification issued according to Section 5.10. The approval authority shall within 20 working days declare the approval or disapproval of the plan of remedial measures.

6.2.1. The acceptance of the plan of remedial measures may be subject to conditions required by the approval authority.

6.2.2. The approval authority may specify an extended time limit for submitting a plan of remedial measures by up to 60 working days if the manufacturer in writing showed good cause for such extension.

6.2.3. When the approval authority cannot approve the plan of remedial measures it may take other measures in accordance with Article 11 (2) (a) to Directive 70/156/EEC.

6.3. The approval authority shall notify all Member States of its decision concerning the plan of remedial measures and supply all Member States with the plan of remedial measures.

The plan of remedial measures

6.4. The plan of remedial measures shall have the content specified in Sections 6.4.1 - 6.4.11. The manufacturer shall give the plan of remedial measures a unique identifying name or number.

6.4.1. A description of each vehicle type included in the plan of remedial measures.

6.4.2. A description of the specific modifications, alterations, repairs, corrections, adjustments, or other changes to be made to bring the vehicles into conformity including a brief summary of the data and technical studies which support the manufacturer's decision as to the particular remedial changes to be used in correcting the non-compliance.

6.4.3. A description of the method by which the manufacturer will inform the vehicle owners.

6.4.4. A description of the proper maintenance or use, if any, upon which the manufacturer conditions eligibility for repair under the plan of remedial measures, and an explanation of the manufacturer's reasons for imposing any such condition. No maintenance or use conditions may be imposed unless it is demonstrably related to the non-compliance and the remedial measures.

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.

6.4.6. A copy of the information transmitted to the vehicle owner.

6.4.7. A brief description of the system which the manufacturer will use to assure an adequate supply of component or system, for fulfilling the remedial action. It shall be indicated when there will be an adequate supply of component or system to initiate the campaign.

6.4.8. A copy of all instructions to be sent to those persons who are to perform the repair.

6.4.9. A description of the impact of the proposed remedy on the emissions, fuel consumption, driveability, and safety of each vehicle type, included the plan of remedial measures with data, technical studies etc. which supports these conclusions.

6.4.10. Any other information, reports or data the approval authority reasonably may determine is necessary to evaluate the plan of remedial measures.

6.4.11. In the case the plan of remedial measures includes a recall, a description of the method for recording the repair shall be submitted to the type approval authority. In the case a label is used an example of it shall be submitted.

6.5. The manufacturer may be required to conduct tests on components and vehicles incorporating a proposed change, repair, or modification reasonably designed and necessary to demonstrate the effectiveness of the change, repair, or modification.

6.6. The manufacturer is responsible for keeping a record of every vehicle recalled and repaired and the workshop which performed the repair. The approval authority shall have access to the record after request for a period of five years from the implementation of the plan of remedial measures.

7. IMPLEMENTATION OF THE PLAN OF REMEDIAL MEASURES

7.1. A recall campaign is commencing after decision by the Member State, based on the approved plan of remedial measures. The manufacturer, or his/her representative, is responsible for conducting the campaign according to the approved plan of remedial measures.

7.1.1. If the plan of remedial measures is not carried out in the approved time limits fixed in the remedial plan and the manufacturer cannot justify the exceed of the time limits, the approval authority can take measures in accordance with Article 11 (2) (a) to Directive 70/156/EEC.

7.2. The notification of the vehicle owner shall be done expeditiously. This notification shall include all relevant information relating the necessary repair of the vehicle.

7.3. The manufacturer shall provide a copy of all communication related to the plan of remedial measures. He/she shall also maintain a record on the recall campaign, and supply regularly status reports to the approval authority.`

ANNEX XI

26. A new Annex XI is added to read as follows:

'ANNEX XI

ON-BOARD DIAGNOSTICS (OBD) FOR MOTOR VEHICLES

1. SCOPE

This Annex applies to the functional aspects of on-board diagnostic (OBD) systems for the emission control of all motor vehicles of category M1 (1) equipped with positive-ignition engines and all motor vehicles of categories M1 equipped with compression-ignition engines covered by Article 1 of this Directive.

2. DEFINITIONS

For the purposes of this Annex:

2.1. "OBD" means an on-board diagnostics system for emission control which shall have the capability of identifying the likely area of malfunction by means of fault codes stored in computer memory.

2.2. "Vehicle type" means a category of power driven vehicles which do not differ in such essential engine and OBD system characteristics as defined in Appendix 5.

(1) As defined in Annex II Section A of Directive 70/156/EEC.

2.3. "Vehicle family" means a manufacturer's grouping of vehicles which, through their design, are expected to have similar exhaust emission and OBD system characteristics. Each engine of this family must have complied with the requirements of this Directive.

2.4. "Emission control system" means the electronic engine management controller and any emission related component in the exhaust or evaporative system which supplies an input to or receives an output from this controller.

2.5. "Malfunction indicator (MI)" means a visible or audible indicator that clearly informs the driver of the vehicle in the event of a malfunction of any emission related component connected to the OBD system, or the OBD system itself.

2.6. "Malfunction" means the failure of an emission related component or system that would result in emissions exceeding the limits in Section 5.3.2 of this Annex.

2.7. "Secondary air" refers to air introduced into the exhaust system by means of a pump or aspirator valve or other means that is intended to aid in the oxidation of HC and CO contained in the exhaust gas stream.

2.8. "Engine misfire" means lack of combustion in the cylinder of a positive ignition engine due to absence of spark, poor fuel metering, poor compression or any other cause. In terms of OBD monitoring it is that percentage of misfires out of a total number of firing events (as declared by the manufacturer) that would result in emissions exceeding the limits given in Section 5.3.2 or that percentage that could lead to an exhaust catalyst, or catalysts, overheating causing irreversible damage.

2.9. "Type I test" means the driving cycle (Parts One and Two) used for emission approvals, as detailed in Annex III, Appendix 1.

2.10. "A driving cycle" consists of engine start-up, a driving mode where a malfunction would be detected if present, and engine shut-off.

2.11. "A warm-up cycle" means sufficient vehicle operation such that the coolant temperature has risen by at least 22 K from engine starting and reaches a minimum temperature of 343 K (70 °C).

2.12. "Fuel trim" refers to feedback adjustments to the base fuel schedule. Short-term fuel trim refers to dynamic or instantaneous adjustments. Long-term fuel trim refers to much more gradual adjustments to the fuel calibration schedule than short-term trim adjustments. These long-term adjustments compensate for vehicle differences and gradual changes that occur over time.

2.13. "Calculated load value" refers to an indication of the current airflow divided by peak airflow, where peak airflow is corrected for altitude, if available. This definition provides a dimensionless number that is not engine specific and provides the service technician with an indication of the percent engine capacity that is being used (with wide open throttle as 100 %);

CLV = >NUM>current airflow>DEN>peak airflow (at sea level) . >NUM>atmospheric pressure (at sea level)>DEN>barometric pressure

2.14. "Permanent emission default mode" refers to a case where the engine management controller permanently switches to a setting that does not require an input from a failed component or system where such a failed component or system would result in an increase in emissions from the vehicle to a level above the limits given in Section 5.3.2 of this Annex.

2.15. "Power Take-Off unit" means an engine driven output provision for the purposes of powering auxiliary, vehicle mounted, equipment.

3. APPLICATION FOR EC TYPE-APPROVAL

3.1. The application conforming to Annex I, Section 3 is accompanied by the additional information required in Appendix 5 together with:

3.1.1. a declaration by the manufacturer of:

3.1.1.1. in the case of vehicles equipped with positive-ignition engines, the percentage of misfires out of a total number of firing events that would result in emissions exceeding the limits given in Section 5.3.2 of this Annex if that percentage of misfire had been present from the start of a Type I test as described in Section 5.3.1 of Annex III;

3.1.1.2. in the case of vehicles equipped with positive-ignition engines, the percentage of misfires out of a total number of firing events that could lead to an exhaust catalyst, or catalysts, overheating prior to causing irreversible damage;

3.1.2. detailed written information fully describing the functional operation characteristics of the OBD system, including a listing of all relevant parts of the vehicle's emission control system, i.e. sensors, actuators and components, that are monitored by the OBD system;

3.1.3. a description of the MI used by the OBD system to signal the presence of a fault to the driver of the vehicle;

3.1.4. the manufacturer shall describe provisions taken to prevent tampering and modification of the emission control computer;

3.1.5. when appropriate, copies of other type-approvals with the relevant data to enable extensions of approvals;

3.1.5.1. if applicable, the particulars of the vehicle family as referred to in Appendix 6.

3.2. For the tests described in Section 5 of this Annex, a vehicle representative of the vehicle types or vehicle family fitted with the OBD system to be approved must be submitted to the technical service responsible for the type-approval test. If the technical service determines that the submitted vehicle does not fully represent the vehicle type or vehicle family described in Appendix 6, an alternative, and if necessary, an additional vehicle shall be submitted for test according to Section 5 of this Annex.

4. GRANTING OF EC TYPE-APPROVAL

4.1. The certificate conforming to Annex I, Section 4, is accompanied by the Addendum for which a model is given in Appendix 7.

5. REQUIREMENTS AND TESTS

5.1. All vehicles shall be equipped with an OBD system so designed, constructed and installed in a vehicle to enable it to identify types of deterioration or malfunction over the entire life of the vehicle. In achieving this objective the approval authority shall accept that vehicles which have travelled distances in excess of the Type V durability distance, referred to in Section 5.3.1, may show some deterioration in OBD system performance such that the emission limits given in Section 5.3.2 may be exceeded before the OBD system signals a failure to the driver of the vehicle.

5.2. The OBD system must be so designed, constructed and installed in a vehicle to enable it to comply with the requirements of this Annex during conditions of normal use.

5.2.1. Temporary disablement of the OBD system.

5.2.1.1. A manufacturer may disable the OBD system if its ability to monitor is affected by low fuel levels. Disablement shall not occur when the fuel tank level is above 15 percent of the nominal capacity of the fuel tank.

5.2.1.2. A manufacturer may disable the OBD system at ambient engine starting temperatures below 266 K (-7 °C) or at elevations over 2 500 metres above sea level provided the manufacturer submits data and/or an engineering evaluation which adequately demonstrate that monitoring would be unreliable when such conditions exist. A manufacturer may also request disablement of the OBD system at other ambient engine starting temperatures if he demonstrates to the authority with data and/or an engineering evaluation that mis-diagnosis would occur under such conditions.

5.2.1.3. For vehicles designed to accommodate the installation of power take-off units, disablement of affected monitoring systems is permitted provided disablement occurs only when the power take-off unit is active.

5.2.2. Engine misfire - vehicles equipped with positive-ignition engines.

5.2.2.1. Manufacturers may adopt higher misfire percentage malfunction criteria, than that declared to the authority, under specific engine speed and load conditions where it can be demonstrated to the authority that the detection of lower levels of misfire would be unreliable.

5.2.2.2. Manufacturers who can demonstrate to the authority that the adoption of higher misfire percentages would still lead to unreliable detection may disable the monitoring system when such conditions exist.

5.3. Description of tests.

5.3.1. The tests are carried out on the vehicle used 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 the OBD demonstration tests.

5.3.2. The OBD system shall indicate the failure of an emissions related component or system when that failure results in an increase in emissions above the limits given below:

>TABLE>

5.3.3. Monitoring requirements for vehicles equipped with positive-ignition engines.

In satisfying the requirements of Section 5.3.2 the OBD system shall, at a minimum, monitor for:

5.3.3.1. Reduction in the efficiency of the catalytic converter with respect to the emissions of HC only;

5.3.3.2. The presence of engine misfire in the engine operating region bounded by the following lines:

(a) a maximum speed of 4 500 min-1 or 1 000 min-1 greater than the highest speed occurring during a Type I test cycle, whichever is the lower;

(b) the positive torque line (i.e. engine load with the transmission in neutral);

(c) a line joining the following engine operating points: the positive torque line at 3 000 min-1 and a point on the maximum speed line defined in (a) above with the engine's manifold vacuum at 13,33 kPa lower than that at the positive torque line.

5.3.3.3. Oxygen sensor deterioration

5.3.3.4. Other emission control system components or systems, or emission-related powertrain components or systems which are connected to a computer, the failure of which may result in tailpipe emissions exceeding the limits given in Section 5.3.2;

5.3.3.5. Any other emission-related powertrain component connected to a computer shall be monitored for circuit continuity;

5.3.3.6. The electronic evaporative emission purge control shall, at a minimum, be monitored for circuit continuity.

5.3.4. Monitoring requirements for vehicles equipped with compression-ignition engines.

In satisfying the requirements of Section 5.3.2 the OBD system shall monitor:

5.3.4.1. Where fitted, reduction in the efficiency of the catalytic converter;

5.3.4.2. Where fitted, the functionality and integrity of the particulate trap;

5.3.4.3. The fuel injection system electronic fuel quantity and timing actuator(s) will be monitored for circuit continuity and total functional failure;

5.3.4.4. Other emission control system components or systems, or emission-related powertrain components or systems, which are connected to a computer, the failure of which may result in tailpipe emissions exceeding the limits given in Section 5.3.2. Examples of such systems or components are those for monitoring and control of air mass-flow, air volumetric flow (and temperature), boost pressure and inlet manifold pressure (and relevant sensors to enable these functions to be carried out).

5.3.4.5. Any other emission-related powertrain component connected to a computer shall be monitored for circuit continuity.

5.3.5. Manufacturers may demonstrate to the approval authority that certain components or systems need not be monitored if, in the event of their total failure or removal, emissions do not exceed the emission limits given in Section 5.3.2 of this Annex.

5.4. A sequence of diagnostic checks will be initiated at each engine start and completed at least once provided that the correct test conditions are met. The test conditions shall be selected in such a way that they all occur under normal driving as represented by the Type I test.

5.5. Activation of malfunction indicator.

5.5.1. The OBD system shall incorporate a malfunction indicator (MI) readily perceivable to the vehicle operator. The MI shall not be used for any other purpose except to indicate emergency start-up or limp-home routines to the driver. The MI shall be visible in all reasonable lighting conditions. When activated, it shall display a symbol in conformance with ISO 2575 (1). A vehicle shall not be equipped with more than one general purpose MI for emission-elated problems. Separate specific purpose warning lights (e.g. brake system, fasten seat belt, oil pressure, etc.) are permitted. The use of red for a MI is prohibited.

5.5.2. For strategies requiring on average between three and ten driving cycles for MI activation, the manufacturer shall provide data and/or an engineering evaluation which adequately demonstrates that the monitoring system is equally effective and timely in detecting component deterioration. Strategies requiring on average more than ten driving cycles for MI activation shall not be accepted. The MI shall also activate whenever the engine control enters a permanent emission default mode of operation if the emission limits given in Section 5.3.2 are exceeded. The MI shall operate in a distinct warning mode, e.g. a flashing light, under any period during which engine misfire occurs at a level likely to cause catalyst damage, as specified by the manufacturer. The MI shall also activate when the vehicle's ignition is in the "key-on" position before engine starting or cranking and de-activate after engine starting if no malfunction has previously been detected.

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.

5.6.1. In the case of vehicles equipped with positive-ignition engines, misfiring cylinders need not be uniquely identified if a distinct single or multiple cylinder misfire fault code is stored.

5.7. Extinguishing the MI.

5.7.1. For misfire malfunctions at levels likely to cause catalyst damage (as specified by the manufacturer), the MI may be switched to the normal mode of activation if the misfire is not present any more, or if the engine is operated after changes to speed and load conditions where the level of misfire will not cause catalyst damage.

5.7.2. For all other malfunctions, the MI may be de-activated after three subsequent sequential driving cycles during which the monitoring system responsible for activating the MI ceases to detect the malfunction and if no other malfunction has been identified that would independently activate the MI.

5.8. Erasing a fault code.

5.8.1. The OBD system may erase a fault code and freeze-frame information if the same fault is not re-registered in at least 40 engine warm-up cycles.

5.9. Provisions for system security.

5.9.1. Any vehicle with an emission control computer shall include features to deter modification, except as authorized by the manufacturer. Any reprogrammable computer codes or operating parameters must be resistant to tampering and the computer and any related maintenance instructions must conform to the provisions in SEA J2186, "E/E data link security" (ISO XXX-8). Any removable calibration memory chips shall be potted, encased in a sealed container or protected by electronic algorithms and shall not be changeable without the use of specialised tools and procedures.

5.9.2. Computer-coded engine operating parameters shall not be changeable without the use of specialised tools and procedures (e.g. soldered or potted computer components or sealed (or soldered) computer enclosures).

5.9.3. In the case of mechanical fuel injection pumps fitted to compression-ignition engines, manufacturers shall take adequate steps to protect the maximum fuel delivery setting from tampering while the vehicle is in service.

(2) International Standard ISO 2575-1982 (E), entitled Road vehicles-Symbols for controls, indicators and tell-tales, Symbol Number 4.36.

5.9.4. Manufacturers may apply to the approval authority for an exemption to this requirement for those vehicles which are unlikely to require protection. The criteria that the approval authority will evaluate in considering an exemption will include, but are not limited to, the current availability of performance chips, the high performance capability of the vehicle and the probable sales volume of the vehicle.

5.9.5. Manufacturers using programmable computer code systems (e.g. electrical erasable programmable read-only memory, Eeprom) shall employ proven methods to deter unauthorized reprogramming. Manufacturers shall include enhanced tamper protection strategies including data encryption using methods to secure the encryption algorithm and write protect features requiring electronic access to an off-site computer maintained by the manufacturer. Equivalent methods may be considered by the authority.

5.9.6. Anti-tampering features should not preclude the use of replacement parts which give the equivalent level of emission control.

6. EXTENSION OF EC TYPE-APPROVAL

6.1. Approval granted to a vehicle type with respect to the OBD system may be extended to different vehicle types belonging to the same vehicle-OBD family as described in Appendix 6. The engine emission control system must be identical to that of the vehicle already approved and comply with the description of the OBD engine family given in Appendix 6, regardless of the following vehicle characteristics:

- combustion process,

- engine accessories,

- method of engine fuelling,

- tyres,

- equivalent inertia,

- cooling system,

- overall gear ratio,

- transmission type,

- type of bodywork.

7. CONFORMITY OF PRODUCTION OF A VEHICLE EQUIPPED WITH AN OBD SYSTEM

7.1. When the approval authority determines that the quality of production seems unsatisfactory a vehicle is randomly taken from the series and subjected to the tests described in Appendix 1.

7.2. If the vehicle taken from the series does not satisfy the requirements of Section 7.1.5.2 a further random sample of three vehicles shall be taken from the series and subjected to the tests described in Appendix 1. The tests may be carried out on vehicles which have been run-in a minimum of 3 000 km.

7.3. The production is deemed to conform if a least three vehicles meet the requirements of the tests described in Appendix 1.

8. ALTERNATIVE REQUIREMENTS

8.1. Manufacturers may obtain type-approval on the basis of the alternative technical requirements given in Section 8.1.1 and 8.1.2, subject to the additional requirements of Sections 8.1.3, 8.1.4 and 8.1.5:

8.1.1. Federal Register 40 CFR Part 86 Subpart A, entitled Control of air pollution from new motor vehicles and new motor vehicle engines; regulations requiring on-board diagnostic systems on 1994 and later model year light-duty vehicles and light-duty trucks, published by the US Government Printing Office, Washington, DC 20402.

8.1.2. Section 1968.1 of Title 13, California Code of Regulations (CCR), entitled Malfunction and diagnostic systems requirements - 1994 and subsequent model year passenger cars, light-duty trucks and medium-duty vehicles and engines.

8.1.3. The application for approval shall include a written statement that the vehicle family conforms to this Annex. The application for approval to this Annex shall include the complete documentation to meet the requirements of either Section 8.1.1 or 8.1.2 and the documentation required in Appendix 5 of this Annex.

8.1.4. The MI shall comply with the requirements of Section 5.5 of this Annex.

8.1.5. If type-approval is granted according to the requirements of this Section, Section 7 of this Annex shall continue to apply for conformit