Opinion on the proposal for a European Parliament and Council Directive amending Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution from emissions from motor vehicles ()

(95/C 155/04)

On 10 February 1995, the Council decided to consult the Economic and Social Committee, under Article 100a of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing the Committee's work on the subject, adopted its Opinion on 5 April 1995. The Rapporteur was Mr Denkhaus.

At its 325th Plenary Session (meeting of 27 April 1995), the Economic and Social Committee unanimously adopted the following Opinion.

1. Gist of the Commission proposal

1.1. The proposal is designed to raise the emission standards applicable to the light commercial and assimilated vehicles covered by the Directive to the strict level laid down in Directive 94/12/EEC for passenger cars.

1.2. For technical reasons, category N1 light commercial vehicles are divided into three classes on the basis of differences in their unladen weight in running order, which is taken as the reference mass. Whilst the new emission limits for Class I vehicles correspond to those laid down in Directive 94/12/EEC, the technical specificities of Class II and III vehicles mean that the limits per kilometer for typical driving conditions for these vehicle classes are greater.

Vehicles categories

The Directive applies to petrol- or diesel-engined vehicles having a maximum permissible mass of 3.5t.

Category M covers vehicles for the transport of persons and category N vehicles for the transport of goods.

For the purpose of determining pollutant emissions on a rolling-road test bed, category N vehicles are sub-divided into the three following classes to take account of their physical characteristics:

- Class I RW* up to 1,250 kg

- Class II RW 1,250 - 1,700 kg

- Class III RW above 1,700 kg

* RW: reference mass = weight of unladen vehicle (in running order) + 100 kg.

Example:

Cate-

gory M

N

I Standard passenger cars: Van derivatives

Fiat 500 - Mercedes 600 - VW Golf

VW Golf pick-up

II VW T4 Caravelle bus VW T4 Transporter

III VW LT Bus or Special version (rare in practice)

VW LT Transporter

1.3. Special test conditions will continue to apply to low-powered N1 vehicles ('Panda cycle') for a transitional period of one year; thereafter, they will be subject to the standard test cycle already applicable to all other passenger cars and light commercial vehicles.

1.4. To encourage early compliance with the new lower limits, Member States will be allowed to grant tax incentives within strict parameters and subject to specific conditions.

1.5. It is also proposed that the Commission be called upon to present proposals by June 1996 for a further reduction in light commercial vehicle emissions.

2. General comments

2.1. Like many provisions that have been adopted in the past and others that are likely to be adopted in the future, the Commission proposal has been shaped by the conflict between technical feasibility and environmental and health requirements. The limits are set by (a) state-of-the-art technology and its economic viability and (b) the level to which we want to reduce the environmental and health burdens created by our living and working conditions in general and by industry and the transport sector in particular.

The Commission proposal again highlights the interplay between the formulation of legal provisions and technical developments and this should be taken as a reference-point for the methodologies applied to future work in this field.

2.2. Industry requires about three years to develop and test new pollution-reducing technologies. The proposed Directive is therefore urgently required if the stated deadlines are to be met. A firm foundation for the development and production of affordable technology is an important requirement in this connection. The Commission reached agreement with vehicle designers on the practicability of the proposed provisions.

2.3. Category N1 vehicles account for approximately 10 % of all vehicles. The proposed substantial reduction in their emission limits therefore seems unlikely to have a significant overall impact. Nevertheless, a marked reduction in atmospheric pollution can be expected in towns and conurbations, since they are the areas in which these vehicles primarily operate.

2.4. Overall, the Commission proposal can be endorsed.

2.5. The Commission should act quickly and resolutely in proposing further measures for the reduction of emission values pursuant to Article 4 of the proposal so as to allow sufficient time for the necessary technical development work and ensure that improved technology with a secure legal basis becomes available as soon as possible.

3. Specific comments

3.1. The reduction of the emission limits for Class I vehicles to passenger car levels is in line with the requirements and the state of the art. So, too, is the reduction proposed for Class II and III vehicles, which will proceed concurrently.

Since the emission limits are determined per kilometer travelled over a typical driving cycle, the higher specific values for heavier vehicles with greater wind resistance and comparable engine technology are acceptable.

3.2. The Committee is critical of the one-year extension of the validity of the special test procedure to be conducted on the initial entry into service of low-powered vehicles (power-to-weight ratio <30 kW/t). It means that Class II and III vehicles, in particular, will continue to be subject to this procedure (Panda cycle) until 1 January 1999.

3.3. Although the new test procedure for category N1 vehicles, with the exception of those referred to in point 3.2, also covers a durability test over a distance of 80,000 km, the Committee thinks that emission values should be regularly checked, in accordance with Directive 92/55/EEC, on vehicles in operation. It calls on the Commission to bring the test procedures up to a higher EU level in the interests of environmental and health protection. In particular, the frequency of the regular technical inspections and the operations involved should be standardized at a higher level.

3.4. Although the adoption of reference masses (unladen weight of vehicles in running order) for the sub-division of category N1 vehicles reflects standard international practice, it creates problems by allowing circumvention close to the weight limits.

3.5. In the case of vehicles equipped with direct-injection diesel engines, it is proposed that the limits applicable to nitrogen oxides and particulates should be approximately 30 % and 20 % higher respectively until 30 September 1999. Given the much more favourable consumption figures for these engines and the resultant reductions in CO2 emissions, and given that such reductions (=improvements in efficiency) automatically increase nitrogen-oxide emissions, the Commission proposal can be regarded as a reasonable compromise.

Although the increased limit for particulate mass emissions is technologically understandable, it should be reviewed in the near future because of the particular health threat posed by diesel engine soot.

3.6. Tax incentives to promote the early introduction of vehicles complying with the proposed limits are to be welcomed in principle.

These incentives should, however, benefit only the users and not the manufacturers or retailers of such vehicles, to prevent the subsidy from being granted twice by different Member States.

The restriction of this incentive to the additional costs of the necessary technical equipment and its fitting seems questionable in view of the assessment basis and could be interpreted in different ways.

4. Conclusions

The Committee welcomes the Commission's proposal, which will serve to reduce the environmental damage caused by the vehicles in question.

In view of the lead times necessitated by design and production requirements, the Committee calls for the rapid adoption of the Commission proposal and for immediate action to develop the provisions further.

The Committee thinks it important to ensure regular technical inspection, based on harmonized EU standards, of vehicle emission values, too, and the resolute use of tax incentives to promote the introduction of environmentally compatible technologies.

Done at Brussels, 27 April 1995.

The President

of the Economic and Social Committee

Carlos FERRER

() OJ No C 390, 31. 12. 1994, p. 26.