COMMON POSITION (EC) No 40/97 adopted by the council on 7 october 1997 with a view to adopting Directive 97/. . ./EC of the European Parliament and of the Council relating to measures to be taken against air pollution by emissions from motor vehicles and amending Council Directive 70/220/EEC (97/C 351/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100a 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 189b of the Treaty (3),

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

(2) Whereas the first programme of action of the European Community on protection of the environment (4), 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 (5), provided for additional efforts 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 reductions for various pollutants on the understanding that emissions from both mobile and stationary sources would have to be reduced;

(3) Whereas Council Directive 70/220/EEG (6) 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 (7) and supplemented, in accordance with Commission Directive 77/102/EEC (8), by limit values for permissible emissions of nitrogen oxides; whereas the limit values for these three types of pollution were successively reduced by Commission Directive 78/665/EEC (9) and Council Directives 83/351/EEC (10) and 88/76/EEC (11); whereas limit values for particulate pollutant emissions from diesel engines were introduced by Council Directive 88/436/EEC (12); whereas more stringent European standards for the emissions of gaseous pollutants from motor vehicles below 1 400 cm3 were introduced by Council Directive 89/458/EEC (13); 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; whereas requirements relating to evaporative emissions and to the durability of emission-related vehicle components as well as more stringent particulate pollutant standards for motor vehicles equipped with diesel engines were introduced by Council Directive 91/441/EEC (14); whereas Directive 94/12/EC of the European Parliament and of the Council (15) introduced more stringent limit values for all pollutants and a new method for checking on the conformity of 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 previously benefited from less stringent standards, have since been subject, pursuant to Council Directive 93/59/EEC (16) and Directive 96/69/EC of the European Parliament and of the Council (17), to standards as stringent as the respective standards for passenger cars, taking into account the specific conditions of these vehicles;

(4) Whereas Article 4 of Directive 94/12/EC requires that the Commission propose 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, besides the tightening of car emission standards, include complementary measures such as an improvement in fuel quality and a strengthening of the motor-vehicle 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 traffic management, enhancement of urban public transport, new propulsion technologies, or the use of alternative fuels;

(5) Whereas, in order to help resolve the problem of atmospheric pollution, it is necessary to step in with a global strategy, encompassing the technological, management and tax aspects, for the development of sustainable mobility, taking into account the specific characteristics of the various European urban areas;

(6) 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 motor vehicle and oil industries have carried out the European Programme on Emissions, Fuels and Engine Technologies (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 strive to ensure 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 is necessary with a view to achieving air quality in the year 2010 as described in the Commission communication on the Auto/Oil Programme;

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

(8) Whereas Directive 70/222/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 (18); 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 laws of the Member States relating to measures to be taken against air pollution by motor vehicles;

(9) Whereas reductions of the Type I test limits applicable from the year 2000 (corresponding to a drop of 40 % in nitrogen oxides, 40 % in total hydrocarbons, 30 % in carbon monoxide for petrol-driven passenger cars, 20 % in nitrogen oxides, 20 % in the combined value for hydrocarbons plus nitrogen oxides, 40 % in carbon monoxide, 35 % in particulates for indirect injection diesel passenger cars and 40 % in nitrogen oxides, 40 % in the combined value for hydrocarbons plus nitrogen oxides, 40 % in carbon monoxide and 50 % in particulates) 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 on the assumption that nitrogen oxides represent respectively 45 % and 80 % of the weight of the combined value measured for petrol/diesel passenger cars complying with Directive 94/12/EC; whereas separate limit values are now normally fixed for petrol-driven 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`);

(10) 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 upgrading of the maintenance of initial emissions performance on in-service vehicles through periodic or kerbside control; whereas, however, OBD are at a less developed stage for diesel vehicles and cannot be fitted on all such vehicles before 2005; whereas the Commission should take appropriate measures to ensure that the market for replacement emission-system parts is not closed or restricted by the introduction of OBD, provided such replacement parts are compatible with the effective operation of the OBD system;

(11) Whereas the Type IV test which makes it possible to determine the evaporative emissions from vehicles with positive-ignition engines can be improved to better represent real evaporative emissions as well as the status of measuring techniques;

(12) Whereas to adapt the behaviour of the exhaust-emission control systems of vehicles with positive-ignition engines to the actual requirements of practice, a new test should be introduced to measure emissions at low temperatures;

(13) Whereas the characteristics of the reference fuels used for emission testing should reflect the evolution of the market fuel specifications to be available following legislation on the quality of petrol and diesel fuels;

(14) Whereas a new method for checking conformity of production on in-service vehicles has been identified as a cost-effective accompanying measure, and is included in the emissions Directive with the objective of implementation in the year 2001;

(15) Whereas Member States should be allowed, by means of tax incentives, to expedite the placing on the market of vehicles which satisfy the requirements adopted at Community level, such incentives having to comply with the provisions of the Treaty and satisfy certain conditions intended to avoid distortions of the internal market; whereas this Directive does not affect the Member States' right to include emissions of pollutants and other substances in the basis for calculating road traffic taxes on motor vehicles;

(16) Whereas it is necessary to establish indicative limit values to be applied from the year 2005 which can also be used for the purpose of, inter alia, encouraging the early introduction of vehicles containing the most advanced anti-pollution equipment; whereas tax incentives for vehicles complying with indicative values for the year 2005 are permitted only from 1 January 2000;

(17) Whereas these indicative limit values should be confirmed or amended 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 30 June 1999; whereas the Commission will at the same time propose a Directive concerning measures to improve the quality of fuels for the year 2005; whereas both Directives should enter into force together in 2005;

(18) Whereas Member States may take measures to encourage faster progress towards replacing existing vehicles with low-emission vehicles;

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

HAVE ADOPTED THIS DIRECTIVE:

Article 1

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

Article 2

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 emissions from motor vehicles:

- 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 vehicle type 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, except where the provisions of Article 8 (2) of Directive 70/156/EEC are invoked,

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.

4. With effect from 1 January 2001 Member States shall consider as no longer valid the certificates of conformity of vehicles approved in accordance with footnote 1 to the table in section 5.3.1.4 of Annex I to Directive 70/220/EEC as inserted by Directive 96/69/EC.

Article 3

The Commission shall propose to the European Parliament and to 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 30 June 1999. Its proposal 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 the least possible cost, in particular the deadlines laid down for the attainment of these objectives, for example on acidification and eutrophication. The strategy should also be consistent with the objectives laid down in the Council conclusions of 25 June 1996 on the Community strategy to reduce CO2 emissions from passenger cars and improve fuel economy, and shall as far as possible take account of:

- trends in air quality towards the year 2010 and beyond,

- noxious pollutant emissions in the Community from transport and non-transport sources and an estimate of the contribution that existing and pending and potential emission reduction measures from all sources could make towards improving air quality,

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

- refinery technologies,

- the potential for reducing vehicle emissions by the use of alternative fuels such as natural gas (CNG), liquefied petroleum gas (LPG), dimethyl ether (DME) and biofuels, including the distribution system needed for their application,

- possible improvements in the test procedures, in particular measurement methods for particulates and consideration of extending durability provisions,

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

- the particular situation of captive fleets and the potential for emission reductions related to the use by such fleets of fuels with very stringent environmental specifications,

- the potential emission reductions to be gained from fixing the environmental specifications of fuels to be used in agricultural tractors as covered by Directive 74/150/EEC and in internal combustion engines to be installed in non-road mobile machinery as covered by Directive . . ./. . ./EC,

- the contribution that selective and differentiated fiscal measures could make to reducing vehicle emissions without any negative impact on the functioning of the internal market, taking into account the effects of revenue losses on neighbouring countries,

- the effect of any such measures on CO2 emissions,

- the strategies followed by relevant third countries to improve air quality and the emission limit values and environmental fuel specifications envisaged in those strategies,

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

In developing its strategy in accordance with the elements set out above the Commission shall take into account only those measures which can reasonably be expected to be effective at or around 2010.

The proposal shall contain, inter alia, mandatory emission limit values to be applied from 1 January 2005 confirming or amending the indicative limit values stipulated in section 5.3.1.4, row B of Annex I 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 of ....... relating to the quality of petrol and diesel fuels (19); the measures shall enter into effect at the same time as the measures included in the proposal to be submitted in accordance with Article 9 of that Directive.

Article 4

Suitable approval procedures for replacement parts shall be defined as soon as possible for those emission control components that are critical to the correct functioning of OBD systems and shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.

Article 5

Member States may make provision for tax incentives only in respect of motor vehicles in series production 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 series-production vehicles offered for sale on the market of a Member State which comply in advance with 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, and thereafter as from 1 January 2000, with 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 down in Article 2 (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 not exceed the additional cost of the technical solutions introduced to ensure compliance with the values set in Article 2 (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 incentives referred to in the first paragraph, so that it can submit its observations.

Article 6

This Directive shall be brought into effect at the same time as, and in accordance with the same timetable for, the introduction of measures specified in Directive . . ./. . ./EC (20*).

Article 7

1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1998. 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 on the occasion of their official publication. The methods of making such a reference shall be laid down 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 day of its publication in the Official Journal of the European Communities.

Article 9

This Directive is addressed to the Member States.

Done at . . .

For the European Parliament

The President

For the Council

The President

(1) OJ C 77, 11. 3. 1997, p. 8.

(2) OJ C 206, 7. 7. 1997, p. 113.

(3) Opinion of the European Parliament of 10 April 1997 (OJ C 132, 28. 4. 1997, p. 205), Common Position of the Council of 7 October 1997 and Decision of the European Parliament of . . .

(4) OJ C 112, 20. 12. 1973, p. 1.

(5) OJ C 138, 17. 5. 1993, p. 1.

(6) OJ L 76, 6. 4. 1970, p. 1. Directive as last amended by Directive 96/69 of the European Parliament and of the Council (OJ L 282, 1. 11. 1996, p. 64).

(7) OJ L 159, 15. 6. 1974, p. 61.

(8) OJ L 32, 3. 2. 1977, p. 32.

(9) OJ L 223, 14. 8. 1978, p. 48.

(10) OJ L 197, 20. 7. 1983, p. 1.

(11) OJ L 36, 9. 2. 1988, p. 1.

(12) OJ L 214, 6. 8. 1988, p. 1.

(13) OJ L 226, 3. 8. 1989, p. 1.

(14) OJ L 242, 30. 8. 1991, p. 1.

(15) OJ L 100, 19. 4. 1994, p. 42.

(16) OJ L 186, 28. 7. 1993, p. 21.

(17) OJ L 282, 1. 11. 1996, p. 64.

(18) OJ L 42, 23. 2. 1970, p. 1. Directive as last amended by Directive 96/27/EC of the European Parliament and of the Council (OJ L 169, 8. 7. 1996, p. 1).

(19) OJ . . .

(20) See footnote 1 on p. . . .

ANNEX

AMENDMENTS TO THE ANNEXES TO DIRECTIVE 70/220/EEC

1. The list of Annexes inserted between the Articles and Annex I shall read as follows:

'LIST OF ANNEXES

ANNEX I: SCOPE, DEFINITIONS, APPLICATION FOR EC TYPE-APPROVAL, GRANTING OF EC TYPE-APPROVAL, REQUIREMENTS AND TESTS, EXTENSION OF EC TYPE-APPROVAL, CONFORMITY OF PRODUCTION AND IN-SERVICE VEHICLES, ON-BOARD DIAGNOSTIC (OBD) SYSTEMS

Appendix 1: Verification of production conformity (1st statistical method)

Appendix 2: Verification of production conformity (2nd statistical method)

Appendix 3: In-service conformity check

Appendix 4: Statistical procedure for in-service conformity testing

ANNEX II: INFORMATION DOCUMENT

Appendix: Information on text conditions

ANNEX III: TYPE I TEST (verifying the average tailpipe emissions after a cold start)

Appendix 1: Operating cycle used for the type I test

Appendix 2: Chassis dynamometer

Appendix 3: Measurement method on the road-simulation on a chassis dynamometer

Appendix 4: Verification of inertias other than mechanical

Appendix 5: Description of tailpipe emission-sampling systems

Appendix 6: Method of calibrating the equipment

Appendix 7: Total system verification

Appendix 8: Calculation of the emission of pollutants

ANNEX IV: TYPE II TEST (carbon monoxide emission test at idling speed)

ANNEX V: TYPE III TEST (verifying emissions of crankcase gases)

ANNEX VI: TYPE IV TEST (determination of evaporative emissions from vehicles with positive-ignition engines)

Appendix 1: Calibration frequency and methods

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

ANNEX VII: TYPE VI TEST: Verifying the average low ambient temperature carbon monoxide and hydrocarbon tailpipe emissions after a cold start

ANNEX VIII: TYPE V TEST (ageing test for verifying the durability of anti-pollution devices)

ANNEX IX: SPECIFICATIONS OF REFERENCE FUELS

ANNEX X: MODEL EC TYPE-APPROVAL CERTIFICATE

Appendix: Addendum to EC information document

ANNEX XI: ON-BOARD-DIAGNOSTICS (OBD) FOR MOTOR VEHICLES Appendix 1: Functional aspects of OBD systems

Appendix 2: Essential characteristics of the vehicle family`

ANNEX I

2. The heading reads as follows:

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

3. Section 1:

The first sentence reads as follows:

'This Directive applies to

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

and

- tailpipe emissions, the durability of anti-pollution devices and on-board diagnostic (OBD) systems of 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, with the exception of those vehicles of categories N1 for which type-approval has been granted pursuant to Directive 88/77/EEC (2).

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

(2) OJ L 36, 9. 2. 1998, p. 33.`

4. New sections 2.13, 2.14, 2.15 and 2.16 are added to read as follows:

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

2.14. 'In-service test` means the test and evaluation of conformity conducted in accordance with section 7.1.7 of this Annex.

2.15. '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 laid down in section 2 of Appendix 3 to this Annex.

2.16. "Defeat device" means any element of design which senses temperature, vehicle speed, engine RPM, transmission gear, manifold vacuum or any other parameter for the purpose of activating, modulating, delaying or deactivating the operation of any part of the emission control system, that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal vehicle operation and use. Such an element of design may not be considered a defeat device if:

I. the need for the device is justified in terms of protecting the engine against damage or accident and for safe operation of the vehicle, or

II. the device does not function beyond the requirements of engine starting, or

III. conditions are substantially included in the Type I or Type VI test procedures.`

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 anti-pollution devices as well as to its on-board diagnostic (OBD) system must be submitted by the vehicle manufacturer.

Should the application concern an on-board diagnostic (OBD) system the procedure described in Annex XI, section 3 must be followed.

3.1.1. Should the application concern an on-board diagnostic (OBD) system, it must be accompanied by the additional information required in section 3.2.12.2.8 of Annex II together with:

3.1.1.1. a declaration by the manufacturer of:

3.1.1.1.1. 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 3.3.2 of Annex XI 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;

3.1.1.1.2. 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;

3.1.1.2. 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;

3.1.1.3. a description of the malfunction indicator (MI) used by the OBD system to signal the presence of a fault to a driver of the vehicle;

3.1.1.4. the manufacturer must describe provisions taken to prevent tampering with and modification of the emission control computer;

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

3.1.1.6. if applicable, the particulars of the vehicle family as referred to in Annex XI, Appendix 2.

3.1.2. For the tests described in section 3 of Annex XI, a vehicle representative of the vehicle type 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 Annex XI, Appendix 2, an alternative and if necessary an additional vehicle must be submitted for test in accordance with section 3 of Annex XI.

3.2. A model of the information document relating to tailpipe emissions, evaporative emissions, durability and the on-board diagnostic (OBD) system is given in Annex II.

3.2.1. Where appropriate, copies of other type-approvals with the relevant data to enable extension of approvals and establishment of deterioration factors must 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 is granted pursuant to Article 4 (3) of Directive 70/156/EEC.

4.2. A model of the EC type-approval certificate relating to tailpipe emissions, evaporative emissions, durability and the on-board diagnostic (OBD) system is given in Annex X.`

7. Section 5:

The note is replaced by the following text:

'Note:

As an alternative to the requirements of this section, vehicle manufacturers whose world-wide annual production is less than 10 000 units may obtain EC type-approval on the basis of the corresponding technical requirements in:

- the California Code of Regulations, Title 13, Sections 1960.1 (f) (2) or (g) (1) and (g) (2), 1960.1 (p) applicable to 1996 and later model year vehicles, 1968.1, 1976 and 1975, applicable to 1995 and later model year light-duty vehicles, published by Barclay's Publishing.

The type-approval authority must inform the Commission of the circumstances of each approval granted under this provision.`

8. Section 5.1.1:

The second paragraph is replaced by the following:

'The technical measures taken by the manufacturer must be such as to unsure 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 and 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 sections 5.3.1.4 (type-approval) and section 7 (conformity of production and in-service vehicles) respectively are complied with.

For evaporative emissions, these provisions are deemed to be met if the provisions of section 5.3.4 (type-approval) and section 7 (conformity of production) are complied with.`

The former third and fourth paragraphs are deleted and replaced by a new paragraph reading as follows:

'The use of a defeat device is prohibited.`.

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 and fuel spillage caused by a missing fuel filler cap. This may be achieved by using one of the following:

- 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,

- any other provision which has the same effect. Examples may include, but are not limited to, a tethered filler cap, a chained filler cap ore one utilizing the same locking key for the filler cap as for the vehicle's ignition. In this case the key must be removable from the filler cap only in the locked condition.`

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

'>TABLE>

`

11. Section 5.1:

New section 5.1.4 is added, as follows:

'5.1.4. Provisions for electronic system security

5.1.4.1. Any vehicle with an emission control computer must 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 ISO DIS 15031-7. Any removable calibration memory chips must be potted, encased in a sealed container or protected by electronic algorithms and must not be changeable without the use of specialized tools and procedures.

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

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

5.1.4.4. Manufacturers may apply to the approval authority for an exemption to one of these requirements 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 projected sales volume of the vehicle.

5.1.4.5. Manufacturers using programmable computer code systems (e. g. Electrical Erasable Programmable Read-Only Memory, EEPROM) must deter unauthorized reprogramming. Manufacturers must include enhanced tamperprotection 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. Comparable methods may be considered by the authority if they give the same level of protection.`

12. Sections 5.2.1 and 5.2.3 are replaced by the following:

'5.2.1. Positive-ignition engined vehicles must be subject to the following tests:

- Type I (verifying the average tailpipe emissions after a cold start),

- Type II (carbon monoxide emission at idling speed),

- Type III (emission of crankcase gases),

- Type IV (evaporation emissions),

- Type V (durability of anti-pollution control devices),

- Type VI (verifying the average low ambient temperature carbon monoxide and hydrocarbon tailpipe emissions after a cold start,

- OBD-test.`

'5.2.3. Compression-ignition engined vehicles must be subject to the following tests:

- Type I (verifying the average tailpipe emissions after a cold start)

- Type V (durability of anti-pollution control devices)

- and, where applicable, OBD test.`

13. 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.

14. A new section 5.3.5 is added as follows:

'5.3.5. (1) Type VI test (verifying the average low ambient temperature carbon monoxide and hydrocarbon tailpipe emissions after a cold start).

5.3.5.1. This test must be carried out on all M1 vehicles equipped with a positive-ignition engine, except vehicles designed to carry more than six occupants and vehicles whose maximum mass exceeds 2 500 kg.

5.3.5.1.1. The vehicle is placed on a chassis dynamometer equipped with a means of load an inertia simulation.

5.3.5.1.2. The test consists of the four elementary urban driving cycles of part one of the Type I test. The Part One test is described in Annex III, Appendix 1 and illustrated in figures III.1.1 and III.1.2 of the Appendix. The low ambient temperature test lasting a total of 780 seconds must be carried out without interruption and start at engine cranking.

5.3.5.1.3. The low ambient temperature test must be carried out at an ambient test temperature of 266 °K (-7 °C). Before the test is carried out the test vehicles must be conditioned in a uniform manner to ensure that the test results may be reproducible. The conditioning and other test procedures are carried out as described in Annex VII.

5.3.5.1.4. During the test the exhaust gases are diluted and a proportional sample collected. The exhaust gases of the vehicle tested are diluted, sampled and analysed, following the procedure described in Annex VII, and the total volume of the diluted exhaust is measured. The diluted exhaust gases are analysed for carbon monoxide and hydrocarbons.

5.3.5.2. Subject to the requirements in 5.3.5.2.2 and 5.3.5.3 the test must be performed three times. The resulting mass of carbon monoxide and hydrocarbon emission must be less than the limits shown in the table below:

>TABLE>

5.3.5.2.1. Notwithstanding the requirements of 5.3.5.2, for each pollutant, not more than one of the three results obtained may exceed the limit prescribed by not more than 10 %, provided the arithmetical mean value of the three results is below the prescribed limit. Where the prescribed limits are exceeded for more than one pollutant it is immaterial whether this occurs in the same test or in different tests.

5.3.5.2.2. The number of tests prescribed in 5.3.5.2 may, at the request of the manufacturer, be increased to 10 provided that the arithmetical mean of the first three results falls between 100 % to 110 % of the limit. In this case, the requirement after testing is only that the arithmetical mean of all 10 results must be less than the limit value.

5.3.5.3. The number of tests prescribed in 5.3.5.2 may be reduced according to 5.3.5.3.1 and 5.3.5.3.2.

5.3.5.3.1. Only one test is performed if the result obtained for each pollutant of the first test is less than or equal to 0,70 L.

5.3.5.3.2. If the requirement of 5.3.5.3.1 is not satisfied, only two tests are performed if for each pollutant the result of the first test is less than or equal to 0,85 L and the sum of the first two results is less than or equal to 1,70 L and the result of the second test is less than or equal to L.

(V1 <= 0,85 L and V1 + V2 <= 1,70 L and V2 <= L).

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

15. The former section 5.3.5 is renumbered as 5.3.6 and 5.3.6.3 is amended as follows:

'5.3.6.3. Deterioration factors are determined using either the procedure in 5.3.6.1 or using the values in the table in 5.3.6.2. The deterioration factors are used to establish compliance with the requirements of 5.3.1.4.`

16. Insert new section 5.3.7:

'5.3.7. Emissions data required for roadworthiness testing

5.3.7.1. This requirement applies to all vehicles powered by a positive-ignition engine for which EC type-approval is sought in accordance with this Directive.

5.3.7.2. When tested in accordance with Annex IV (type II test) at normal idling speed:

- the carbon monoxide content by volume of the exhaust gases emitted must be recorded,

- the engine speed during the test must be recorded, including any tolerances.

5.3.7.3. When tested at 'high idle` speed (i. e. > 2 000 min-1):

- the carbon monoxide content by volume of the exhaust gases emitted must be recorded,

- the Lambda value (1) must be recorded.

- the engine speed during the test must be recorded, including any tolerances.

5.3.7.4. The engine oil temperature at the time of the test must be measured and recorded.

5.3.7.5. The table in section 1.9 of the Appendix to Annex X must be completed.

5.3.7.6. The manufacturer must confirm the accuracy of the Lambda value recorded at the time of type-approval in section 5.3.7.3 as being representative of typical production vehicles within 24 months of the date of the granting of type-approval by the technical service. An assessment must be made on the basis of surveys and studies of production vehicles.

(1) The Lambda value must be calculated using the simplified Brettschneider equation as follows:

>REFERENCE TO A FILM>

Where:

[ ] = Concentration in % vol.

K1 = Conversion factor for NDIR measurement to FID measurement (provided by manufacturer of measurement equipment)

Hcv = Atomic ratio of hydrogen to carbon [1,7261]

Ocv = Atomic ratio of oxygen to carbon [0,0175].`

17. Section 6.1 is amended as follows:

'6.1. Tailpipe emission related extension (type I, type II and type VI tests).`

18. Sections 6.1.2.1, 6.1.2.2 and 6.1.2.3 are amended as follows:

'6.1.2.1 Fore each of the transmission rations used in the type I and type VI tests, . . . . . . . (rest unchanged).

6.1.2.2. If, for each gear ratio, E <= 8 %, the extension is granted without repeating the type I and type VI tests.

6.1.2.3. If, for at least one gear ratio, E <= 8 %, and if, for each gear ratio, E <= 13 %, the type I and type VI tests must be repeated, . . . . (rest unchanged).`

19. A new section 6.4 is added to read as follows:

'6.4. On-board diagnostics

6.4.1. 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 Annex XI, Appendix 2. 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 Annex XI, Appendix 2, regardless of the following vehicle characteristics:

- engine accessories,

- tyres,

- equivalent inertia,

- cooling system,

- overall gear ratio,

- transmission type,

- type of bodywork.`

20. Section 7.1 is amended as follows:

'7.1. Measures to ensure the conformity of production must be taken in accordance with the provisions of Article 10 of Directive 70/156/EEC, as last amended by Directive 96/27/EEC (whole vehicle type-approval). That Article entrusts the manufacturer with the responsibility for taking measures to ensure the conformity of production to the type approved. Conformity of production is checked on the basis of the description in the type-approval certificate set out in Annex X to this Directive.

As a general rule, conformity of production with regard to limitation of tailpipe and evaporative emissions from the vehicle is checked on the basis of the description in the type-approval certificate set out in Annex X and, where necessary, of all or some of the tests of types I, II, III and IV described in section 5.2.

Conformity of in-service vehicles

With reference to type-approvals granted for emissions, these measures must also be appropriate for confirming the functionality of the emission control devices during the normal useful life of the vehicles under normal conditions of use (conformity of in-service vehicles properly maintained and used). For the purpose of this Directive these measures must be checked for a period of up to 5 years of age or 80 000 km, whichever is the sooner.

7.1.1. Audit of in-service conformity by the type-approval authority is conducted on the basis of any relevant information that the manufacturer has, under procedures similar to those defined in Article 10 (1) and (2), and in Annex 10 (1) and (2) of Directive 70/156/EEC.

An audit of in-service conformity will be conducted by the type-approval authority on the basis of information supplied by the manufacturer. Such information must include:

- relevant surveillance test data obtained in accordance with applicable requirements and test procedures, together with full information for each tested vehicle such as vehicle status, use history, service conditions and other relevant factors;

- relevant information on service and repair measures,

- other relevant tests and observations recorded by the manufacturer, including especially records of indications from the OBD system. (1)

7.1.2. The information gathered by the manufacturer must be sufficiently comprehensive to ensure that in-service performance can be assessed for normal conditions of use as defined in 7.1, and in a way representative of the manufacturer's geographic market penetration.' (1)

(1) Sections 7.1.1 and 7.1.2 will be re-examined and completed without delay in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.

Sections 7.1. to 7.1.3 are renumbered as 7.1.3 to 7.1.5.

21. A new title and section 7.1.6 are added to read as follows:

'On-board Diagnostics (OBD)

7.1.6. If a verification of the performance of the OBD system is to be carried out, it must be conducted in accordance with the following:

7.1.6.1. 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 Annex XI, Appendix 1.

7.1.6.2. The production is deemed to conform if this vehicle meets the requirements of the tests described in Annex XI, Appendix 1.

7.1.6.3. If the vehicle taken from the series does not satisfy the requirements of section 7.1.6.1 a further random sample of four vehicles must be taken from the series and subjected to the tests described in Annex XI, Appendix 1. The tests may be carried out on vehicles which have been run in for no more than 15 000 km.

7.1.6.4. The production is deemed to conform if at least 3 vehicles meet the requirements of the tests described in Annex XI, Appendix 1.`

22. A new section 7.1.7. is added as follows:

'7.1.7. On the basis of the audit referred to in 7.1.1, the type-approval authority must either:

- decide that conformity in use is satisfactory and not take any further action, or

- decide that the information is insufficient or the conformity of vehicles in use is unsatisfactory, and proceed to have vehicles tested in accordance with Appendix 3 to this Annex.

7.1.7.1. Where type I tests are considered necessary to check the conformity of emission control devices with the requirements for their performance while in service, such tests must be carried out using a test procedure meeting the statistical criteria defined in Appendix 4 to this Annex.

7.1.7.2. The type-approval authority, in cooperation with the manufacturer, must select a sample of vehicles with sufficient mileage whose use under normal conditions can be reasonably assured. The manufacturer must be consulted on the choice of the vehicles in the sample and be allowed to attend the confirmatory checks of the vehicles.

7.1.7.3. The manufacturer is authorized, under the supervision of the type-approval authority, to carry out checks, even of a destructive nature, on those vehicles with emission levels in excess of the limit values with a view to establishing possible causes of deterioration which cannot be attributed to the manufacturer himself (e. g. use of leaded petrol before the test date). Where the results of the checks confirm such causes, those test results are excluded from the conformity check.

7.1.7.4. Where the type-approval authority is not satisfied with the results of the tests in accordance with the criteria defined in Appendix 4, the remedial measures referred to in Article 11 (2) and in Annex X to Directive 70/156/EEC are extended to vehicles in service belonging to the same vehicle type which are likely to be affected with the same defects in accordance with section 6 of Appendix 3.

The plan of remedial measures presented by the manufacturer must be approved by the type-approval authority. The manufacturer is responsible for the execution of the remedial plan as approved.

The type-approval authority must notify its decision to all Member States within 30 days. The Member States may require the same plan of remedial measures be applied to all vehicles of the same type registered in their territory.

7.1.7.5. If a Member State has established that a vehicle type does not conform to the applicable requirements of Appendix 3 to this Annex, it must notify without delay the Member State which granted the original type-approval in accordance with the requirements of Article 11 (3) of Directive 70/156/EEC.

The results submitted by the competent authority of a Member State to the type-approval authority must be fully documented in accordance with Appendix 3 to this Annex. Results of testing by the competent authority of a Member State and details of test vehicle mileage, maintenance records and operating location, must be made available to the manufacturer.

The general requirements laid down in sections 3 and 4, and as the case may be, those of Article 11 (6) of Directive 70/156/EEC are applicable.`

23. Section 8 is deleted.

24. A new section 8 is added to read as follows:

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

8.1. Vehicles of category M1 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,

must be fitted with an on-board diagnostic (OBD) system for emission control in accordance with Annex XI.

8.2. Vehicles of category M1 equipped with compression-ignition engines, except

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

- vehicles whose maximum mass exceeds 2 500 kg,

from 1 January 2005, must be fitted with an on-board diagnostic system (OBD) for emission control in accordance with Annex XI. Where diesel-engined vehicles entering into service prior to this date are fitted with an OBD system, the provisions of sections 6.5.3 to 6.5.3.5 of Annex XI, Appendix 1 are applicable.

8.3. Vehicles of other categories

Vehicles of other categories or vehicles of category M1, not covered by 8.1 and 8.2, may be fitted with an on-board diagnostic system. In this case, the requirements of Annex XI are applicable.

25. New Appendices 3 and 4 are added as follows:

'Appendix 3

IN-SERVICE CONFORMITY CHECK

1. INTRODUCTION

This Appendix sets out the criteria referred to in section 7.1.7 of this Annex regarding the selection of vehicles for testing and the procedures for the in-service conformity control.

2. SELECTION CRITERIA

The criteria for acceptance of a selected vehicle are defined in sections 2.1 to 2.8 of this Appendix. Information is collected by vehicle examination and an interview with the owner/driver.

2.1. The vehicle must belong to a vehicle type that is type-approved under this Directive and covered by a certificate of conformity in accordance with Directive 70/156/EEC. It must be registered and used in the European Community.

2.2. The vehicle must have been in service for at least 15 000 km or 6 months, whichever is the later, and for no more than 80 000 km or 5 years, whichever is the sooner.

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

2.4. the vehicle must exhibit no indications of abuse (e. g. racing, overloading, misfuelling, or other misuse), or other factors (e. g. tampering) that could affect emission performance. In the case of vehicles fitted with an OBD system, the fault code and mileage information stored in the computer are taken into account. A vehicle must not be selected for testing if the information stored in the computer shows that the vehicle has operated after a fault code was stored and a relatively prompt repair was not carried out.

2.5. There must have been no unauthorized major repair to the engine or major repair of the vehicle.

2.6. The lead content and sulphur content of a fuel sample from the vehicle tank must meet applicable standards and there must be no evidence of misfuelling. Checks may be done in the tailpipe, etc.

2.7. There must be no indication of any problem that might jeopardize the safety of laboratory personnel.

2.8. All anti-pollution system components on the vehicle must be in conformity with the applicable type-approval.

3. DIAGNOSIS AND MAINTENANCE

Diagnosis and any normal maintenance necessary must be performed on vehicles accepted for testing, prior to measuring exhaust emissions, in accordance with the procedure laid down in section 3.1 to 3.7.

3.1. The following checks must be carried out: checks on air filter, all drive belts, all fluid levels, radiator cap, all vacuum hoses and electrical wiring related to the antipollution system for integrity; checks on ignition, fuel metering and anti-pollution device components for maladjustments and/or tampering. All discrepancies must be recorded.

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

3.3. The ignition system must be checked and defective components replaced, for example spark plugs, cables, etc.

3.4. The compression must be checked. If the result is unsatisfactory the vehicle is rejected.

3.5. The engine parameters must be checked to the manufacturer's specifications and adjusted if necessary.

3.6. If the vehicle is within 800 km of a scheduled maintenance service, that service must be performed according to the manufacturer's instructions. Regardless of odometer reading, the oil and air filter may be changed at the request of the manufacturer.

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

4. IN-SERVICE TESTING

4.1. When a check on vehicles is deemed necessary, emission tests in accordance with Annex III to this Directive are performed on pre-conditioned vehicles selected in accordance with the requirements of sections 2 and 3 of this Appendix.

4.2. Vehicles equipped with an OBD system may be checked for proper in-service functionality of the malfunction indication, etc., in relation to levels of emissions (e. g. the malfunction indication limits defined in Annex XI to this Directive) for the type-approved specifications.

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

4.4. If a component or system operates in a manner not covered by the particulars in the type-approval certificate and/or information package for such vehicle types and such deviation has not been authorized under Article 5 (3) or (4) of Directive 70/156/EEC, with no malfunction indication by the OBD, the component or system must 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. EVALUATION OF RESULTS

5.1. The test results are submitted to the evaluation procedure in accordance with Appendix 4 to this Annex.

5.2. Test results must not be multiplied by deterioration factors.

6. PLAN OF REMEDIAL MEASURES

6.1. When the type-approval authority is certain that a vehicle type is not in conformity with the requirements of these provisions, it must request the manufacturer to submit a plan of remedial measures to remedy the non-compliance.

6.2. The plan of remedial measures must be filed with the type-approval authority not later than 60 working days from the date of the notification referred to in section 6.1. The type-approval authority must within 30 working days declare its approval or disapproval of the plan of remedial measures. However, where the manufacturer can demonstrate, to the satisfaction of the competent type-approval authority, that further time is required to investigate the non-compliance in order to submit a plan of remedial measures, an extension is granted.

6.3. The remedial measures must apply to all vehicles likely to be affected by the same defect. The need to amend the type-approval documents must be assessed.

6.4. The manufacturer must provide a copy of all communications related to the plan of remedial measures, and must also maintain a record of the recall campaign, and supply regular status reports to the type-approval authority.

6.5. The plan of remedial measures must include the requirements specified in 6.5.1 to 6.5.11. The manufacturer must assign a unique identifying name or number to the plan of remedial measures.

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

6.5.2. 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 measures to be taken to correct the non-conformity.

6.5.3. A description of the method by which the manufacturer informs the vehicle owners.

6.5.4. A description of the proper maintenance or use, if any, which the manufacturer stipulates as a condition of 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-conformity and the remedial measures.

6.5.5. A description of the procedure to be followed by vehicle owners to obtain correction of the non-conformity. This must include a date after which the remedial measures may be taken, the estimated time for the workshop to perform the repairs and where they can be done. The repair must be done expediently, within a reasonable time after delivery of the vehicle.

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

6.5.7. A brief description of the system which the manufacturer uses to assure an adequate supply of component or systems for fulfilling the remedial action. It must be indicated when there will be an adequate supply of components or systems to initiate the campaign.

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

6.5.9. A description of the impact of the proposed remedial measures on the emissions, fuel consumption, driveability, and safety of each vehicle type, covered by the plan of remedial measures with data, technical studies, etc. which support these conclusions.

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

6.5.11. Where the plan of remedial measures includes a recall, a description of the method for recording the repair must be submitted to the type-approval authority. If a label is used, an example of it must be submitted.

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

6.7. The manufacturer is responsible for keeping a record of every vehicle recalled and repaired and the workshop which performed the repair. The type-approval authority must have access to the record on request for a period of 5 years from the implementation of the plan of remedial measures.

Appendix 4 (1)

STATISTICAL PROCEDURE FOR IN-SERVICE CONFORMITY TESTING

1. This Appendix describes the procedure to be used to verify the in-service conformity requirements for the type I test.

2. Two different procedures are to be followed:

1. One dealing with vehicles identified in the sample, due to an emission-related defect, causing outliers in the results (section 3).

2. The other dealing with the total sample (section 4).

3. PROCEDURE TO BE FOLLOWED WITH OUTLYING EMITTERS IN THE SAMPLE.

3.1. A vehicle is said to be an outlying emitter, when for any regulated component the limit value as shown in section 5.3.1.4 of Annex I is exceeded significantly.

3.2. With a minimum sample size of 3, and a maximum sample size as determined by the procedure of paragraph 4, the sample is scanned for the occurrence of outlying emitters.

3.3. When an outlying emitter is found, the cause of the excess emission must be determined.

3.4. When more than one vehicle is found to be an outlying emitter, due to the same cause, the sample is regarded as having failed.

3.5. When only one outlying emitter has been found, or when more than one outlying emitter is found, but due to different causes, the sample is increased by one vehicle, unless the maximum sample size has already been reached.

3.5.1. When in the increased sample more than one vehicle is found to be an outlying emitter, due to the same cause, the sample is regarded as having failed.

3.5.2. When in the maximum sample size not more than one outlying emitter is found, where the excess emission is due to the same cause, the sample is regarded as having passed with regard to the requirements of section 3 of this Appendix.

3.6. Whenever a sample is increased due to the requirements of 3.5, the statistical procedure of paragraph 4 is applied to the increased sample.

4. PROCEDURE TO BE FOLLOWED WITHOUT SEPARATE EVALUATION OF OUTLYING EMITTERS IN THE SAMPLE.

4.1. With a minimum sample size of three the sampling procedure is set so that the probability of a batch passing a test with 40 % of the production defective is 0,95 (producer's risk = 5 %) while the probability of a batch being accepted with 75 % of the production defective is 0,15 (consumer's risk = 15 %).

4.2. For each of the pollutants given in section 6.2.1 of Annex I, the following procedure is used (see Figure I/7).

Where

L = the limit value for the pollutant,

Xi = the value of the measurement for the i-th vehicle of the sample,

n = the current sample number.

4.3. The test statistic quantifying the number of non-conforming vehicles, i. e. xi > L, is computed for the sample.

4.4. Then:

- if the test statistic does not exceed the pass decision number for the sample size given in the following table, a pass decision is reached for the pollutant,

- if the test statistic equals or exceeds the fail decision number for the sample size given in the following table, a fail decision is reached for the pollutant,

- otherwise, an additional vehicle is tested and the procedure is applied to the sample with one extra unit.

In the following table the pass and fail decision numbers are computed in accordance with the International Standard ISO 8422:1991.

5. A sample is regarded as having passed the test when it has passed both the requirements of sections 3 and 4 of this Appendix.

>TABLE>

>REFERENCE TO A FILM>

(1) The provisions laid down in Appendix 4 must be re-examined and completed without delay in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.`

ANNEX II

26. Section 3.2.1.6 is amended to read:

'3.2.1.6. Normal engine idling speed (including tolerance)

. min-1`

A new section is inserted after 3.2.1.7 as follows:

'3.2.1.8. High idle engine speed (including tolerance)

. min-1`

27. The following new sections and footnotes are added to section 3:

'3.2.12.2.8. On-Board-diagnostic (OBD) system)

3.2.12.2.8.1. Written description and/or drawing of the MI:

.

3.2.12.2.8.2. List and purpose of all components monitored by the OBD system:

.

3.2.12.2.8.3. Written description (general working principles) for:

.

3.2.12.2.8.3.1. Positive-ignition engines (1):

.

3.2.12.2.8.3.1.1. Catalyst monitoring (1):

.

3.2.12.2.8.3.1.2. Misfire detection (1):

.

3.2.12.2.8.3.1.3. Oxygen sensor monitoring (1):

.

3.2.12.2.8.3.1.4. Other components monitored by the OBD system (1):

.

3.2.12.2.8.3.2. Compression-ignition engines (1):

.

3.2.12.2.8.3.2.1. Catalyst monitoring (1):

.

3.2.12.2.8.3.2.2. Particulate trap monitoring (1):

.

3.2.12.2.8.3.2.3. Electronic fuelling system monitoring (1):

.

3.2.12.2.8.3.2.4. Other components monitored by the OBD system (1):

.

3.2.12.2.8.4. Criteria for MI activation (fixed number of driving cycles or statistical method):

.

3.2.12.2.8.5. List of all OBD output codes and formats used (with explanation of each):

.

(1) Delete where inapplicable.`

ANNEX III

28. Section 2.3.1:

- Paragraphs 2 and 3 are deleted.

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

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

29. Section 6.1.3:

The first sentence reads as follows:

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

30. Section 6.2.2:

'The first cycle starts on the initiation of the engine start-up procedure.`

Section 7.1:

'Sampling begins (BS) before or at the initiation of the engine start-up procedure and ends on conclusion of the final idling period in the extra-urban cycle (part two, end of sampling (ES)) or, in the case of test type VI of the final idling period of the last elementary cycle (part one).`

Appendix 1

31. 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`

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

Appendix 3

33. Section 5.1.1.2.7:

In the English version, the formula reads as follows:

'P = >NUM>M V Ä V >DEN>500 T`

ANNEX VI

34. Sections 1 to 6 read as follows:

'1. INTRODUCTION

This Annex describes the procedure for the Type IV test in accordance with section 5.3.4 of Annex I.

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

2. DESCRIPTION OF TEST

The evaporative emission test (Figure VI.1) is designed to determine hydrocarbon 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 added 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) must 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 IX 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 must 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 must 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 must not be less than 278 °K (5 °C) nor more than 320 °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 must 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 an impermeable bag or bags inside the enclosure expand(s) and contracts(s) 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 must limit the differential between the enclosure internal pressure and the barometric pressure to a maximum value of ± 5 hPa.

The enclosure must be capable of latching to a fixed volume. A variable volume enclosure must be capable of accommodating a ± 7 % change from its 'nominal volume` (see Appendix 1 section 2.1.1), taking into account temperature and barometric pressure variation during testing.

4.2.2. Fixed-volume enclosure

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

4.2.2.1. The enclosure must be equipped with an outlet flow stream that withdrawns 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 must maintain the differential between the enclosure internal pressure and the barometric pressure between 0 and -5 hPa.

4.2.2.2. The equipment must 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 analysed using an on-line FID analyser and integrated with the flow measurements to provide a continuous record of the mass hydrocarbon removal.

4.3. Analytical systems

4.3.1. Hydrocarbon analyser

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 analyser must have a response time to 90 % of final reading of less than 1,5 seconds. Its stability must 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 analyser expressed as one standard deviation must 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 analyser must be chosen to give best resolution over the measurement, calibration and leak checking procedures.

4.3.2. Hydrocarbon analyser data recording system

4.3.2.1. The hydrocarbon analyser 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 must 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).

>REFERENCE TO A FILM>

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 heat the fuel in the tank evenly by 14 °K from 289 °K (16 °C) within 60 minutes, with the temperature sensor position as in 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) are recorded by means of the sensor positioned in the fuel tank as in 5.1.1 in the case of use of the gasoline canister load option (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 ± 04, °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 Äp 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 hydrocarbon 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 analyser 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 must 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 (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 may 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,

- the manufacturer may propose a test method in order to take into account the loss of hydrocarbons by evaporation coming only from the fuel system of the vehicle.

5.1.2. The vehicle is taken into the test area where the ambient temperature is between 293 °K 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. If this demonstration is not given, the following procedure is used. In the case of a multiple canister system each canister must undergo the procedure separately.

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

5.1.3.2. The weight of the canister must be checked.

5.1.3.3. The canister is connected 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 must be between 283 °K (10 °C) and 287 °K (14 °C).

5.1.3.5. The (external) fuel tank is heated from 288 °K to 318 °K (15 ° to 45 °C) (1 °C increase every 9 minutes).

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

5.1.3.7. Breakthrough may be checked as is described in 5.1.5 and 5.1.6 of this Annex, or with the use of another sampling and analytical arrangement capable of detecting the emission of hydrocarbons from the canister at breakthrough.

5.1.3.8. The canister must be purged with 25 ± 5 litres per litre of charcoal and per minute with the emission laboratory air until 300 bed volume exchanges are reached.

5.1.3.9. The weight of the canister must be checked.

5.1.3.10. The steps of the procedure in 5.1.3.4 to 5.1.3.9 must be repeated nine times. 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. The evaporative emission canister is reconnected and the vehicle restored to its normal operating condition.

5.1.4. One of the methods specified in 5.1.5 and 5.1.6 must be used to precondition the evaporative canister. For vehicles with multiple canisters, each canister must 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 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 must be well purged with dry air prior to loading.

5.1.4.3. The measuring chamber must 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 analyser must be zeroed and spanned immediately before the test.

5.1.5. Canister loading with repeated heat builds 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 abnormally purge or abnormally load the evaporative control devices fitted to the vehicle. Removal of the fuel cap is normally sufficient to achieve this.

5.1.5.2. The fuel tank(s) is (are) refilled with test fuel at a temperature of between 283 °K 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 must be placed, with the engine shut off, in the evaporative emission enclosure. The fuel tank temperature sensor is connected to the temperature recording system. A heat source must be properly positioned with respect to the fuel tank(s) and connected to the temperature controller. The heat source is specified in 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 last 292 °K (19 °C), the following steps must be taken immediately: the purge blower must be turned off; enclosure doors closed and sealed; and measurement initiated 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 must be heated in such a way that the temperature of the fuel during the heating conforms to the function below to within ± 1,5 °K. The elapsed time of the heat build and temperature rise is recorded.

Tr = T0 + 0,2333 × t

where:

Tr= required temperature (K);

T°= 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 is turned off, the enclosure doors unsealed and opened, and the vehicle fuel tank cap(s) removed. If breakthrough has not occurred by the time the fuel temperature 308 °K (35 °C), the heat source is removed from the vehicle, the vehicle removed from the evaporative emission enclosure and the entire procedure outlined in 5.1.7 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 5.1.4.2) the vehicle must be placed, with the engine shut off, in the evaporative emission enclosure.

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

5.1.6.3. The canister is loaded with a mixture composed of 50 % butane and 50 % 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 must be shut off.

5.1.6.5. The evaporative emission canister must then be reconnected and the vehicle restored to its normal operating 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 abnormally purge or abnormally load the evaporative control devices fitted to the vehicle. Removal of the fuel cap is normally 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 accordance with 5.1.5 or 5.1.6 the vehicle is placed on the chassis dynamometer and 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 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 or within ± 3 °K of it 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 but the results must not be used for the purpose of exhaust emission type-approval.

5.4.2. Within two minutes of completing the Type I test drive specified in 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 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 analyser 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 engine 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 nor more than 304 °K during the 60-minute hot soak period.

5.5.7. The hydrocarbon analyser 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 the hydrocarbon concentration in the chamber must be measured. 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 must be pushed or otherwise moved to the soak area without use of the engine and soaked for not less than 6 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 must be soaked at 293 °K ± 2 °K (20 °C ± 2 °C).

5.7. Diurnal test

5.7.1. The test vehicle must 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, must not exceed 1 °K. Ambient temperature must be measured at least every minute. Temperature cycling begins when time tstart = 0, as specified in 5.7.6.

5.7.2. The measuring chamber must 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 must be moved into the measuring chamber. The mixing fan(s) must be adjusted in such a way as to 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 must be 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, Pf and Tf 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 occurs 24 hours ± 6 minutes after the beginning of the initial sampling, as specified in 5.7.6. The time elapsed is recorded. The hydrocarbon concentration, temperature and barometric pressure are measured to give the final readings CHC,i, 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:

>REFERENCE TO A GRAPHIC>

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 = 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, in °K,

P = barometric pressure in kPA,

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

k = 1,2 7 (12 + >NUM>H/>DEN>C);

where:

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

35. 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 besued are described in this Appendix.

1.2. Normally the series of temperatures which are mentioned firstly must be used. The series of temperatures within square brackets may 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, the enclosure must be latched 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 must be repeatable within ± 0,5 % 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 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 at least once per year.

2.2.1. Variable-volume enclosures may be operated in either latched or unlatched volume configuration, as described in 2.1.1 Ambient temperatures must be maintained at 308 °K ± 2 °K (35° ± 2 °C) [309 °K ± 2 °K (36° ± 2 °C)], throughout the 4-hour period mentioned below.

2.2.2. Fixed volume enclosures must be operated with inlet and outlet flow streams closed. Ambient temperatures must be maintained at 308 °K ± 2 °K (35° ± 2 °C) [309 °K ± 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. the analyser (if required) must be calibrated, then zeroed and spanned.

2.2.5. The enclosure must be purged until a stable hydrocarbon reading is obtained, and the mixing fan turned on if not already on.

2.2.6. The chamber is then sealed and the background hydrocarbon concentration, temperature and barometric pressure are measured. 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 the same analyser is used to 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.

2.2.9. The change in mass of hydrocarbons in the enclosure must be calculated over the time of the test in accordance with 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 2.1 and also measures any leak rate. The enclosure leak rate must be determined at the enclosure's introduction to service, after any operations in the enclosure which may affect 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. The enclosure must be purged until a stable hydrocarbon concentration is reached. The mixing fan is turned on, if not already switched on. The hydrocarbon analyser is zeroed, calibrated if required, and spanned.

2.3.2. On variable-volume enclosures the enclosure must be latched to the nominal volume position. On fixed-volume enclosures the outlet and inlet flow streams must be closed.

2.3.3. The ambient temperature control system is then turned on (if not already on) and adjusted for an initial temperature of 308 °K (35 °C) [309 °K (36 °C)].

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

2.3.5. A quantity of approximately 4 grams of propane is injected into the enclosure. The mass of propane must be measured to an accuracy and precision of ± 02, % of the measured value.

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

2.3.7. On the basis of the readings taken in 2.3.4 and 2.3.6 and the formula in 2.4, the mass of propane in the enclosure is calculated. This must be within ± 2 % of the mass of propane measured in 2.3.5..

2.3.8. For variable-volume enclosures the enclosure must be unlatched from the nominal volume configuration. For fixed-volume enclosures, the outlet and inlet flow streams must be opened.

2.3.9. The process is then begun of 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, the final hydrocarbon concentration, temperature and barometric pressure are measured and recorded. These are the final readings CHC,f, Tf and Pf for the hydrocarbon retention check.

2.3.11. Using the formula in 2.4, the hydrocarbon mass is then calculated from the readings taken in 2.3.10 and 2.3.6. The mass may not differ by more than 3 % from the hydrocarbon mass given by 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.

>REFERENCE TO A GRAPHIC>

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 in K,

P = barometric pressure in kPa,

k = 17,6;

where:

i is the initial reading.

f is the final reading`

Appendix 2

36. The following new Appendix 2 is added:

'Appendix 2

Diurnal ambient temperature profile for the c