COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 24.06.1998 
COM(1998) 397 final 
96/0164 (COD) 
OPINION OF THE COMMISSION 
pursuant to Article 189 b (2) (d) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the 
proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
relating to measures to be taken against air pollution by emissions from motor vehicles and amending 
Directive 70/220/EEC 
with regard to light commercial vehicles 

OPINION OF THE COMMISSION 
1. Background to the proposal 
- A proposal to amend Directive 70/156/EEC and Directive 70/220/EEC was adopted by the 
Commission on 18th June 1996 (concerning emissions from passenger cars) and transmitted to 
the Council, the European Parliament and the Economic and Social Committee on 29th August 
1996 (Reference COM(96)24H final). 
- The Council adopted a unanimous Common Position on passenger car emissions on 7th 
October 1997 (Reference OJC35J, vol. 40 of 19 November 1997). 
- The European Parliament delivered its opinion in second reading on the above Council 
common position on 18th February 1998. 
- The Commission had submitted an amended proposal on measures to be incorporated relating 
to light commercial vehicles into the directive referred to in the first indent above on 20th 
February 1997 (Reference COM(97)61 final of 20th February). 
However, since the Council and the European Parliament chose not to include the Commission's 
amended proposal on light commercial vehicles into their deliberations on passenger car 
emissions, they have considered these proposals on the basis of a separate amending directive to 
directive 70/220/EEC. 
- The European Parliament delivered its opinion in first reading on the amended Commission 
proposal on 18th February 1998, adopting one amendment. 
- The Council adopted a Common Position on 23rd March 1998. 
- The European Parliament delivered its opinion in second reading on the Council's Common 
Position on 30th April 1998, adopting five amendments. 
2. Objective of the amended proposal 
The objective of the amended proposal is to extend the proposal adopted by the Commission for 
passenger cars to light commercial vehicles (category Ni vehicles). The proposal was made 
according to Article 189b(2) of the Treaty. 
The proposal follows the same format as that proposed by the Commission for passenger cars 
except the timetable for application is delayed by one year for category N| vehicles of weight 
classes 11 and 111. It confirms that the limit values applicable to category Nj vehicles of weight 
class 1 correspond to those applicable for passenger cars. !t introduces emission limit values for 
category N] vehicles of weight classes 11 and III that represent a proportional reduction on the 
limit values laid down in Directive 96/69/EC. Specific limits for on-board diagnostics (OBD) are 
introduced for light commercial vehicles and in-service conformity checking is applied on the basis 
of the requirements adopted in the earlier Commission proposal for passenger cars. 
3. Position adopted by the European Parliament in second reading and the Commission's 
reaction 
The European Parliament adopted five amendments to the common position of the Council. The 
amendment which is central to the European Parliament's proposal is amendment 5. The other 
amendments are as a consequence of amendment 5. 
The Commission can not accept any of these five amendments. Dealing first with amendment 5: 
Amendment 5 Tightening of emission limits for 2000 and 2005 applicable to category Ni 
vehicles (classes I, II and III) 
This amendment introduces separate hydrocarbon (HC) and oxide of nitrogen (NOx) limits and 
more stringent emission limit values for HC (all classes for petrol and diesel), NOx (for class 1 
diesel only) and particulates (all classes). It is in alignment with the amendment made for passenger 
cars in the second reading of that proposal and is based on 'best available technology' The 
Commission did not accept the respective amendment in the European Parliament's second reading 
of the cars proposal. The same reasons apply in the case of light commercial vehicles, as follows. 
There is a short time before the entry into force of the measures. Consequently the more stringent 
limits proposed by the European Parliament for the year 2000 may not be feasible in that timeframe, 
especially those limits for NOx and particulates for diesel engined vehicles. 
The amendment also re-affirms the European Parliament amendment from the first reading that the 
2005 limits are mandatory, not indicative. The limits proposed for 2005 are not achievable without 
the emergence of new technologies which rely on the provision of reformulated fuels, for example 
fuels with a lower sulphur content. The question of whether emission limits for 2005 for vehicles 
can be transformed from indicative to mandatory depends in any case on the transformation of the 
indicative 2005 values for fuels into mandatory values. Accepting this amendment would prejudge 
the results of the Auto-Oil II programme. 
The amendment also introduces a derogation to all classes of'off-road vehicles' which would 
otherwise be classified as category Mi vehicles, to meet the emission limits applicable to category 
Ni vehicles. This is difficult to understand since the same derogation was removed from the 
emissions directive in 1996. In its common position, the Council also introduced a derogation for 
off-road vehicles but it was recognised that it was intended for specific vehicle types that would 
have difficulty in meeting the 2000 limit values. Therefore the Council common position precisely 
defines the vehicle categories to which this derogation is applicable and also limits the derogation 
until 1 January 2003. The Council has taken a fair approach to a valid problem which the 
Commission supported. 
For these reasons, this amendment and the consequential amendments 1, 2, 3 and 4 cannot be 
supported. 
Amendment 1 Reference to the table of emission limits 
This is a consequential editorial amendment resulting from amendment 5. It changes the format of 
the emission limit table by placing all emission limits applicable from the year 2000 into one row of 
that table, row A. 
Amendment 2 Reference to the table of emission limits 
This is a consequential editorial amendment resulting from amendment 5. It changes the format of 
the emission limit table by placing all emission limits applicable from the year 2000 into one row of 
that table, row A. 
Amendment 3 Date from which new type approvals must comply with the European 
Parliament's proposal for mandatory 2005 limits 
This amendment introduces a new section which sets the deadline from which Member States may 
refuse to type approve vehicles that do not comply with the mandatory emission limits proposed by 
the European Parliament for application from the year 2005. This is a consequence of one part of 
amendment 5 which defines the European Parliament's proposal for mandatory limits applicable 
from 2005. 
Amendment 4 Date from which new vehicle registrations must comply with the European 
Parliament's proposal for mandatory 2005 limits 
This amendment introduces a new section which sets the deadline from which Member States shall 
refuse the registration, sale or entry into service of new vehicles which do not comply with the 
mandatory emission limits proposed by the European Parliament for application from the year 2005. 
This is a consequence of one part of amendment 5 which defines the European Parliament's 
proposal for mandatory limits applicable from 2005. 
ISSN 0254-1475 
COM(98) 397 final 
DOCUMENTS 
EN 14 12 15 05 
Catalogue number : CB-CO-98-409-EN-C 
ISBN 92-78-37426-1 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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