A4-0364/98

Proposal for a European Parliament and Council Directive amending Council Directive 88/77/EEC on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from diesel engines for use in vehicles (COM(97)0627 - C4-0194/98 - 97/0350(COD))

This proposal was approved with the following amendments:

(Amendment 1)

Recital 2a (new)

>Original text>

>Text following EP vote>

Whereas, moreover, CO2 emissions from heavy-duty vehicles represent an increasing percentage of total emissions from transport sources, and whereas it is therefore vital that heavy-duty vehicles be covered at the earliest opportunity by the Community strategy for reducing CO2 emissions from road traffic;

(Amendment 2)

Recital 3

>Original text>

Whereas Council Directive 88/77/EEC, as last amended by European Parliament and Council Directive 96/1/EC laid down the limit values for the emissions of carbon monoxide, unburnt hydrocarbons and nitrogen oxides from diesel engines for use in motor vehicles on the basis of a test procedure for European driving conditions for the vehicles concerned; whereas that Directive was first amended by Directive 91/542/EEC in two stages, the first stage (1992/93) coinciding with the implementation dates of the new European emission standards for passenger cars; whereas the second stage (1995/96) established a longer-term orientation for the European motor industry by fixing limit values based on the expected performance of technologies still under development, whilst allowing to industry a lead time to perfect such technologies; whereas Directive 88/77/EEC, as amended by Directive 96/1/EC, required that for small diesel engines with a cylinder swept volume lower than 0.7 dm³ and a rated power speed higher than 3.000 min-l, the limit value for particulate emissions set in Directive 91/542/EEC be introduced instead from 1999; whereas, however, it is reasonable on a technical basis to maintain a differential on particulate emissions for these small high-speed diesel engines after 1999;

>Text following EP vote>

Whereas Council Directive 88/77/EEC, as last amended by European Parliament and Council Directive 96/1/EC laid down the limit values for the emissions of carbon monoxide, unburnt hydrocarbons and nitrogen oxides from diesel engines for use in motor vehicles on the basis of a test procedure for European driving conditions for the vehicles concerned; whereas that Directive was first amended by Directive 91/542/EEC in two stages, the first stage (1992/93) coinciding with the implementation dates of the new European emission standards for passenger cars; whereas the second stage (1995/96) established a longer-term orientation for the European motor industry by fixing limit values based on the expected performance of technologies still under development, whilst allowing to industry a lead time to perfect such technologies; whereas Directive 88/77/EEC, as amended by Directive 96/1/EC, required that for small diesel engines with a cylinder swept volume lower than 0.7 dm³ and a rated power speed higher than 3.000 min

-l, the limit value for particulate emissions set in Directive 91/542/EEC be introduced instead from 1999; whereas, however, it is reasonable on a technical basis to maintain a differential on particulate emissions for these small high-speed diesel engines until no later than 2005;

(Amendment 3)

Recital 6

>Original text>

Whereas improvement of requirements for new diesel engines in Directive 88/77/EEC constitute a part of a global Community strategy which will also include a revision of standards for light commercial vehicles and passenger cars from the year 2000, an improvement in motor fuels and more accurate assessment of in-use vehicle emission performances;

>Text following EP vote>

Whereas improvement of requirements for new diesel engines in Directive 88/77/EEC constitutes a part of a global Community strategy which

must be consistent with the already decided revision of standards for light commercial vehicles and passenger cars and take place in two stages for 2000 and 2005, and will require improvement in motor fuels and more accurate assessment of in-use vehicle emission performances; whereas the emission standards for 2005 contained in Directive 88/77/EEC as amended by this Directive can be achieved only if action is taken to ensure that very high quality fuel, with regard to its sulphur content in particular, is available on the market;

(Amendment 4)

Recital 9

>Original text>

Whereas on-board diagnostics (OBD) are not fully developed for heavy-duty vehicles and should be introduced from 2005 with a view to permitting rapid detection of failure of components and systems having a critical effect on vehicle emissions and thus allowing a significant upgrading of the maintenance of initial emissions performances on in-use vehicles through improved inspection and maintenance;

>Text following EP vote>

Whereas on-board diagnostics (OBD) are

already being developed for heavy-duty vehicles and may therefore be introduced from 2005 with a view to permitting rapid detection of failure of components and systems having a critical effect on vehicle emissions and thus allowing a significant upgrading of the maintenance of initial emissions performances on in-use vehicles through improved inspection and maintenance;

(Amendment 5)

Recital 9a (new)

>Original text>

>Text following EP vote>

Whereas, as with passenger cars and light commercial vehicles, in-service conformity checks and greater durability of emission purification systems will also substantially reduce emissions from heavy-duty vehicles, and provisions to this effect will therefore be introduced from 2005; whereas the Commission, in its proposal for the revision of Directive 96/96/EC, which it has promised in conjunction with the revision of the standards for passenger cars and light commercial vehicles, should lay special emphasis on improved methods for verifying heavy-duty vehicle emissions in the course of their annual tests;

(Amendment 6)

Recital 11

>Original text>

Whereas Member States should be allowed to encourage, by means of tax incentives, the introduction of vehicles which satisfy the higher requirements introduced by this Directive;

>Text following EP vote>

Whereas Member States should be allowed to encourage, by means of tax incentives, the introduction of vehicles which satisfy the higher requirements introduced by this Directive

, and the re-equipment of older vehicles to meet those requirements;

(Amendment 7)

Recital 12

>Original text>

Whereas it is necessary to establish that further substantial reductions in emission limit values that take into account the results of the Commission¨s Auto-Oil II Programme are envisaged from 2005, to encourage the continued development of vehicles fitted with the most advanced anti-pollution equipment; whereas, unless substantial progress is madetowards a worldwide harmonised test procedure, emission limits for diesel engines for 2005 should apply to the combined (two cycle) test procedure;

>Text following EP vote>

Whereas further substantial reductions in emission limit values are envisaged from 2005, to encourage the continued development of vehicles fitted with the most advanced anti-pollution equipment; whereas,

as no results can realistically be expected on a worldwide harmonised test procedure, emission limits for 2005 shall continue to apply to the combined (two cycle) test procedure; whereas efforts should nevertheless continue to achieve the worldwide harmonisation of type-approval testing;

(Amendment 8)

Recital 14

>Original text>

Whereas the Commission should report by 31 December 1999 on the evolution of emission control equipment for heavy-duty diesel vehicles and the relationship with fuel quality; whereas the Commission should also report on the evolution of specific environmentally friendly emission limits for engines using fuels such as liquefied petroleum gas (LPG) and natural gas (NG);

>Text following EP vote>

Whereas the Commission should report by 31 December

2000 on the evolution of emission control equipment for heavy-duty diesel vehicles and the relationship with fuel quality; whereas the Commission should also report on the evolution of specific environmentally friendly emission limits for engines using fuels such as liquefied petroleum gas (LPG) and natural gas (NG); whereas the Commission shall continue to report on the progress of negotiations for the worldwide harmonisation of type-approval test procedures;

(Amendment 9)

Recital 14a (new)

>Original text>

>Text following EP vote>

Whereas the nature of air pollution by heavy duty-vehicle emissions also depends on the use to which the vehicles are put, the major problem in built-up areas being the emission of soot particles while in long-distance traffic it is the emission of nitrogen oxides, which are also partly responsible for low-level ozone formation; whereas the Commission should bear this in mind when proposing future legislation, for example by introducing differentiated type-approval.

(Amendment 10)

Recital 15

>Original text>

Whereas the emission limits envisaged for 2005 and the applicable test procedure 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 1999;

>Text following EP vote>

Deleted

(Amendment 11)

Article 2(2)

>Original text>

2. With effect from 1 October 2000, Member States:

>Text following EP vote>

2.

With effect from 1 October 2000, Member States:

>Original text>

- may no longer grant EC type-approval or issue the document provided for in the last indent of Article 10 of Directive 70/156/EEC, as amended by Directive 87/403/EEC, and

>Text following EP vote>

-

may no longer grant EC type-approval or issue the document provided for in the last indent of Article 10 of Directive 70/156/EEC, as amended by Directive 87/403/EEC, and

>Original text>

- shall refuse national type-approval

>Text following EP vote>

-

shall refuse national type-approval

>Original text>

for types of diesel or gas engines and types of vehicle propelled by a diesel or gas engine where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in the Tables in section 6.2.1. of Annex I to Directive 88/77/EEC, as amended by this Directive.

>Text following EP vote>

for types of diesel or gas engines and types of vehicle propelled by a diesel or gas engine where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in

row A of the Tables in section 6.2.1. of Annex I to Directive 88/77/EEC, as amended by this Directive.

(Amendment 12)

Article 2(3)

>Original text>

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

>Text following EP vote>

3.

With effect from 1 October 2001, Member States shall:

>Original text>

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

>Text following EP vote>

-

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

>Original text>

- prohibit the registration, sale, entry into service and use of new vehicles propelled by a diesel or gas engine and the sale and use of new diesel or gas engines,

>Text following EP vote>

-

prohibit the registration, sale, entry into service and use of new vehicles and the sale and use of new diesel or gas engines,

>Original text>

where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in the Tables in section 6.2.1. of Annex I to Directive 88/77/EEC, as amended by this Directive.

>Text following EP vote>

where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in

row A of the Tables in section 6.2.1. of Annex I to Directive 88/77/EEC, as amended by this Directive.

(Amendment 13)

Article 2(3a) (new)

>Original text>

>Text following EP vote>

3a. With effect from 1 October 2005, Member States:

>Original text>

>Text following EP vote>

- may no longer grant EC type-approval or issue the document provided for in the last indent of Article 10 of Directive 70/156/EEC, and

>Original text>

>Text following EP vote>

- shall refuse national type-approval

>Original text>

>Text following EP vote>

for types of diesel or gas engines and types of vehicle propelled by a diesel or gas engine where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row Aa of Tables 1 and 2 in section 6.2.1. of Annex I to Directive 88/77/EEC, as amended by this Directive.

(Amendment 14)

Article 2(3b) (new)

>Original text>

>Text following EP vote>

3b. With effect from 1 October 2006, Member States shall:

>Original text>

>Text following EP vote>

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

>Original text>

>Text following EP vote>

- prohibit the registration, sale, entry into service and use of new vehicles and the sale and use of new diesel engines,

>Original text>

>Text following EP vote>

where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row Aa of Tables 1 and 2 in section 6.2.1. of Annex I to Directive 88/77/EEC, as amended by this Directive.

(Amendment 15)

Article 3, 1st paragraph

>Original text>

Member States may make provision for tax incentives only in respect of motor vehicles which comply with Directive 88/77/EEC, as amended by this Directive. Such incentives shall meet the provisions of the Treaty and also the following conditions:

>Text following EP vote>

Member States may make provision for tax incentives in respect of motor vehicles which comply with Directive 88/77/EEC, as amended by this Directive. Such incentives shall meet the provisions of the Treaty and also the following conditions:

>Original text>

- they shall apply to all new vehicles offered for sale on the market of a Member State which comply in advance with the applicable mandatory limit values set out in row A of Tables 1 and 2 in section 6.2.1. of Annex I to Directive 88/77/EEC, as amended by this Directive;

>Text following EP vote>

-

they shall apply to all new vehicles offered for sale on the market of a Member State which comply in advance with the applicable mandatory limit values set out in row A of Tables 1 and 2 in section 6.2.1. of Annex I to Directive 88/77/EEC, as amended by this Directive;

>Original text>

>Text following EP vote>

- they shall apply from 1 October 2000 to all new vehicles offered for sale on the market of a Member State which comply in advance with the applicable mandatory limit values set out in row Aa of Tables 1 and 2 in section 6.2.1. of Annex I to Directive 88/77/EEC, as amended by this Directive;

>Original text>

- they shall be terminated with effect from the mandatory application of the emission limit values laid down in Article 2(3) for new vehicles;

>Text following EP vote>

-

they shall be terminated with effect from the mandatory application of the emission limit values laid down in Article 2(3) or (3b) for new vehicles;

>Original text>

- for each type of vehicle, they shall be of an amount lower than the additional cost of the technical solutions introduced to ensure compliance with the values set in Article 2(3), and of their installation on the vehicle.

>Text following EP vote>

-

for each type of vehicle, they shall be of an amount lower than the additional cost of the technical solutions introduced to ensure compliance with the values set in Article 2(3) or (3b), and of their installation on the vehicle.

(Amendment 16)

Article 3, 1st paragraph a (new)

>Original text>

>Text following EP vote>

Member States may introduce tax or financial incentives for the re-equipment of older vehicles to meet the requirements of Directive 88/77/EEC as amended by this Directive.

(Amendment 17)

Article 3a (new)

>Original text>

>Text following EP vote>

Article 3a

With effect from 1 October 2005 all heavy- duty vehicles shall be equipped with an on-board diagnostic system or an on-board measurement system to monitor in-service exhaust emissions.

>Original text>

>Text following EP vote>

The Commission shall propose provisions to this effect to the European Parliament and the Council by 31 December 2001. They shall include:

>Original text>

>Text following EP vote>

- unrestricted and standardised access to the OBD or OBM system for inspection, diagnosis, servicing and repairs;

>Original text>

>Text following EP vote>

- the standardisation of fault codes;

>Original text>

>Text following EP vote>

- an extension of the OBD rules to cover other electronic vehicle control systems relating to active and passive safety etc.;

>Original text>

>Text following EP vote>

- the compatibility of parts and spare parts so that repair, replacement, servicing and fault-free operation are possible.

(Amendment 18)

Article 3b (new)

>Original text>

>Text following EP vote>

Article 3b

From 1 October 2005 type-approvals granted to heavy-duty vehicles for emissions shall also confirm the correct operation of the emission reducing devices during the normal life of a vehicle.

>Original text>

>Text following EP vote>

The following definition of the durability of emission-reducing components shall apply:

>Original text>

>Text following EP vote>

Group N1: at least 100 000 km or five years, whichever is the sooner;

>Original text>

>Text following EP vote>

Group N2: at least 200 000 km or five years, whichever is the sooner;

>Original text>

>Text following EP vote>

Group N3: at least 500 000 km or five years, whichever is the sooner.

>Original text>

>Text following EP vote>

By 31 December 2001 the Commission shall propose provisions to this effect to the European Parliament and the Council.

(Amendment 19)

Article 3c (new)

>Original text>

>Text following EP vote>

From 1 October 2005 type-approvals granted to heavy-duty vehicles for emissions shall also require confirmation of the correct operation of the emission control devices during the normal life of the vehicle under normal conditions of use (conformity of in-service vehicles properly maintained and used). By 31 December 2001 the Commission shall submit detailed proposals for these provisions to the European Parliament and the Council.

(Amendment 20)

Article 4

>Original text>

>Text following EP vote>

By 31 December 2000 the Commission shall submit a report to the European Parliament and the Council on developments regarding emission control devices for heavy-duty vehicles and the relationship to fuel quality.

>Original text>

>Text following EP vote>

It shall also report on progress in negotiations for a worldwide harmonised test cycle. The report shall also cover progress in developing special environment-friendly emission limit values for engines using fuels such as liquid petroleum gas (LPG) and natural gas (NG).

>Original text>

The Commission shall propose to the European Parliament and the Council a further tightening of the emission standards of vehicles or engines falling within the scope of this Directive no later than 12 months after the date of the entry into force of this Directive, but in any event no later than 31 December 1999.

>Text following EP vote>

The Commission shall propose to the European Parliament and the Council

further amendments to this Directive no later than 31 December 2001.

>Original text>

The proposal shall take account of:

>Text following EP vote>

The proposal shall

contain:

>Original text>

- the review programme detailed in Article 3 of Directive [ ] and Article 9 of Directive [ ];

>Text following EP vote>

- rules laying down the introduction of OBD and OBM systems for heavy-duty vehicles from 1 October 2005 pursuant to Article 3a of this Directive and, mutatis mutandis, to the provisions of Directive [ ] on the reduction of exhaust emissions from passenger cars and light commercial vehicles;

>Original text>

- the development of diesel engine and gas engine emission control technology, regard being had to the interdependence of such technology with fuel quality;

>Text following EP vote>

- provisions on the durability of emission control devices with effect from 1 October 2005 pursuant to Article 3b of this Directive and, mutatis mutandis, to the provisions of Directive [ ] on the reduction of exhaust emissions from passenger cars and light commercial vehicles;

>Original text>

- the development of a worldwide harmonised test cycle for type-approval testing;

>Text following EP vote>

- provisions laying down the introduction of in-service checks on compliance in the type-approval procedure for heavy duty vehicles with effect from 1 October 2005 pursuant to Article 3c of this Directive and, mutatis mutandis, to the provisions of Directive [ ] on the reduction of exhaust emissions from passenger cars and light commercial vehicles;

>Original text>

- on-board diagnostic (OBD) systems for heavy-duty engines;

>Text following EP vote>

- possibly, rules laying down a limited, differentiated type-approval depending on the type of vehicle use (urban or long-haul operations).

>Original text>

- relevant durability provisions.

The proposal shall aim at achieving substantial reductions of pollutant emissions as regards the vehicles and engines covered by this Directive. The reduced limit values shall not apply before 1 October 2005 for new type-approvals.

>Text following EP vote>

As soon as possible, but by 31 December 1999 at the latest, the Commission shall submit a complete specification for the reference fuel to be used in testing vehicles for compliance with the limit values contained in row Aa of Tables 1 and 2 in Annex I, section 6.2.1.

(Amendment 21)

Annex I (6.2), 1st paragraph

>Original text>

The emissions shall be determined on the ESC and ELR tests with conventional diesel engines including those fitted with electronic fuel injection equipment, exhaust gas recirculation (EGR) and/or oxidation catalysts. Diesel engines fitted with advanced exhaust after-treatment systems including de NOx catalysts and/or particulate traps, shall additionally be tested on the ETC test. For gas engines, the gaseous emissions shall be determined on the ETC test; the particulate emission is not subject to testing. The ESC and ELR test procedures are described in Annex III, Appendix 1, the ETC test procedure in Annex III, Appendices 2 and 3.

>Text following EP vote>

The emissions shall be determined on the ESC and ELR tests with conventional diesel engines including those fitted with electronic fuel injection equipment, exhaust gas recirculation (EGR) and/or oxidation catalysts. Diesel engines fitted with advanced exhaust after-treatment systems including de NOx catalysts and/or particulate traps,

when being tested for compliance with row A of the tables in this section, shall additionally be tested on the ETC test and when being tested for compliance with row Aa of the tables in this section, need only be tested on the ETC test. For gas engines, the gaseous emissions shall be determined on the ETC test; the particulate emission is not subject to testing. The ESC and ELR test procedures are described in Annex III, Appendix 1, the ETC test procedure in Annex III, Appendices 2 and 3.

(Amendment 22)

Annex I (6.2.1.), Table 1

Text proposed by the Commission

>TABLE>

>Original text>

Amendments

>TABLE>

(Amendment 26)

Annex I (Section 6.2.1), Table 2

Text proposed by the Commission

>TABLE>

>Original text>

Amendment by Parliament

>TABLE>

(Amendment 24)

Annex IV(1), Table, Sulphur Content

>Original text>

Text proposed by the Commission

>Original text>

Sulphur content% m/m-0.03ISO 8754

>Original text>

Amendments

>Original text>

Sulphur content(5a)% m/m-0.03ISO 8754

>Original text>

(5a)The sulphur content of the reference fuel used in testing a vehicle for compliance with the limit values in row B of Tables 1 and 2 in section 6.2.1 of Annex I may not exceed 0.005% m/m. As soon as possible, but no later than 31 December 1999, the Commission shall submit a full specification for the reference fuel to be used in this test.

Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Directive amending Council Directive 88/77/EEC on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from diesel engines for use in vehicles (COM(97)0627 - C4-0194/98 - 97/0350(COD))(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(97)0627 - 97/0350(COD) ((OJ C 173, 8.6.1998, p. 1.)),

- having regard to Articles 189b(2) and 100a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0194/98),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection (A4-0364/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty;

4. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and requests that the conciliation procedure be initiated;

5. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

6. Instructs its President to forward this opinion to the Council and Commission.