Common Position (EC) No 4/2002

adopted by the Council on 16 October 2001

with a view to adopting Directive 2002/.../EC of the European Parliament and of the Council of ... amending Council Directive 70/220/EEC on the approximation of the laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles

(2002/C 009/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community and in particular Article 95 thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the Economic and Social Committee(2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),

Whereas:

(1) Directive70/220/EEC(4) 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(5).

(2) Directive 98/69/EC of the European Parliament and of the Council of 13 October 1998 relating to measures to be taken against air pollution by emissions from motor vehicles and amending Council Directive 70/220/EEC(6) introduced specific emission limits for carbon monoxide and hydrocarbons in combination with a new test to measure those emissions at low temperatures in order to adapt the behaviour of the emission control system of vehicles of category M1 and category N1, class I, with positive-ignition engines to the ambient conditions experienced in practice.

(3) The Commission has determined appropriate low temperature emission limits for vehicles of category N1 classes II and III with positive-ignition engines. It is now also appropriate to include within the scope of the low temperature test vehicles of category M1 with positive-ignition engines designed to carry more than six occupants and vehicles of category M1 with positive-ignition engines whose maximum mass exceeds 2500 kg, which were previously excluded.

(4) Because of their emission characteristics, it is appropriate to exempt vehicles with positive-ignition engines that run only on gas fuel (LPG or NG) from the low temperature test. Vehicles where the petrol system is fitted for emergency purposes or starting only and where the petrol tank cannot contain more than 15 litres of petrol, should be regarded as vehicles that can run only on a gaseous fuel.

(5) It is appropriate to align the test for low temperature emissions with the test for emissions at a normal ambient temperature. The test at low temperature is therefore restricted to vehicles of category M and N with a maximum mass not exceeding 3500 kg.

(6) Directive 70/220/EEC should be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Annexes I and VII to Directive 70/220/EEC are amended in accordance with the Annex to this Directive.

Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within nine months of its entry into force. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference at the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

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

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

(1) OJ C 365 E, 19.12.2000, p. 268.

(2) OJ C 139, 11.5.2001, p. 1.

(3) Opinion of the European Parliament of 15 May 2001 (not yet published in the Official Journal), Council Common Position of 16 October 2001 and Decision of the European Parliament of ... (not yet published in the Official Journal).

(4) OJ L 76, 6.4.1970, p. 1. Directive as last amended by Directive 2001/1/EC of the European Parliament and of the Council (OJ L 35, 6.2.2001, p. 34).

(5) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 2000/40/EC of the European Parliament and of the Council (OJ L 203, 10.8.2000, p. 9).

(6) OJ L 350, 28.12.1998, p. 1.

ANNEX

AMENDMENTS TO ANNEX I TO DIRECTIVE 70/220/EEC

1. Table I.5.2., type VI, shall be replaced by the following:

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2. Section 5.3.5 shall be amended as follows:

Footnote reference 1 and footnote 1 itself shall be deleted.

3. Section 5.3.5.1 shall be replaced by the following: "5.3.5.1. This test must be carried out on all vehicles of category M1 and N1 equipped with a positive-ignition engine except such vehicles that run only on a gaseous fuel (LPG or NG). Vehicles that can be fuelled with both petrol and a gaseous fuel, but where the petrol system is fitted for emergency purposes or starting only and of which the petrol tank cannot contain more than 15 litres of petrol will be regarded for the Type VI test as vehicles that can only run on a gaseous fuel.

Vehicles which can be fuelled with petrol and either LPG or NG shall be tested in the test Type VI on petrol only.

This section is applicable to new types of vehicles of category M1 and category N1, class I, except vehicles designed to carry more than six occupants and vehicles the maximum mass of which exceeds 2500 kg(1).

From 1 January 2003, this section is applicable to new types of vehicles of category N1 classes II and III, new types of category M1 vehicles designed to carry more than six occupants and new types of vehicles of category M1 with a maximum mass greater than 2500 kg but not exceeding 3500 kg."

4. The table in section 5.3.5.2 shall be replaced by the following table:

">TABLE>"

AMENDMENTS TO ANNEX VII TO DIRECTIVE 70/220/EEC

5. The first sentence of section 1 shall be amended as follows: "1. This Annex applies only to vehicles with positive-ignition engines as defined in section 5.3.5 of Annex I."

6. The first sentence of section 2.1.1 shall be amended as follows: "2.1.1. This chapter deals with the equipment needed for low ambient temperature exhaust emission tests on vehicles equipped with positive-ignition engines, as defined in section 5.3.5 of Annex I."

7. In section 4.3.3, footnote reference 1 shall be deleted, as shall the footnote itself.

(1) This section is applicable to new types from 1 January 2002.

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 6 September 2000, the Commission submitted a proposal based on Article 95 of the Treaty(1).

2. The Economic and Social Committee delivered its opinion on 28 February 2001(2).

3. The European Parliament adopted its opinion at fist reading on 15 May 2001(3).

4. On 16 October 2001, the Council adopted its Common Position in accordance with Article 251 of the Treaty.

II. OBJECTIVE

5. The objective of the proposal is to set low temperature emission limit values for those vehicles with positive-ignition engines which are not yet covered by such legislation.

III. ANALYSIS OF THE COMMON POSITION

6. The proposal has been examined by the Council and it has undergone some modifications which, however, do not change its overall orientation.

7. The Council accepted the following amendments of the European Parliament in full:

- amendment 1 (a nine-month transitional period as of the entry into force of the Directive, instead of the specific date of 30 June 2001),

- amendment 2 (Table 1.5.2 amended, for legal clarity, to indicate that the Type VI test is to apply to all positive ignition engined vehicles of categories M and N),

- amendment 4 (tighter CO and HC limit values for vehicles of category N1, classes II and III).

8. The Council also accepted Amendment 5 in principle. This amendment clarifies the categories of vehicle for which the cold test is to apply. However, for the sake of further legal clarity, and in line with the provisions of Directive 98/69/EC, the Council also considered that the Directive should specify that existing legislation stipulates 1 January 2002 as the application date for new types of vehicles of category M1 and category N1, Class I, except vehicles designed to carry more than six occupants and vehicles the maximum mass of which exceeds 2500 kg.

IV. CONCLUSION

9. The Council considers that by approving the bulk of the Commission proposal and amending it in line with the European Parliament's views, it has arrived at a practicable solution which ensures a high level of protection for human health and the environment.

(1) OJ C 365 E, 19.12.2000, p. 268.

(2) OJ C 139, 11.5.2001, p. 1.

(3) Opinion of the European Parliament of 15 May 2001 (not yet published in the Official Journal).