Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Directive 70/220/EEC concerning measures to be taken against air pollution by emissions from motor vehicles

(presented by the Commission)

EXPLANATORY MEMORANDUM

A. Objective of the proposal

The objective of the proposal is to amend Directive 70/220/EEC, as last amended by Directive 1999/102/EC, to provide for dates from which on-board diagnostic (OBD) systems are mandatory on passenger cars and light commercial vehicles that have positive-ignition engines and which use alternative fuels such as liquefied petroleum gas (LPG) or natural gas (NG). Such vehicles may be fuelled only with either LPG or NG or be capable of switching between petrol and either LPG or NG.

B. Legal basis

The measures are proposed on the basis of Article 95 of the Treaty of the Union. The measures form part of the European type-approval system for passenger cars and light commercial vehicles and compliance will be mandatory for new approvals to be issued by national authorities. This legislative approach is fully supported by the operators in the market.

The text is relevant for the EEA Treaty.

C. Background

Directive 70/220/EEC, as last amended by Directive 1999/102/EC, requires new types of passenger cars (category M1) and light commercial vehicles (category N1) equipped with positive-ignition engines to comply with all the requirements for on-board diagnostic (OBD) systems, as specified in Annex XI of that Directive, from 1 January 2000 and all types from 1 January 2001.

The designation 'positive-ignition' primarily refers to engines that use petrol; however, it also includes vehicles with positive-ignition engines that use LPG or NG. These can be vehicles that use only LPG or NG (dedicated alternative fuel vehicles) or vehicles that are 'bi-fuel', i.e. vehicles that can switch between petrol and either LPG or NG.

At this time, OBD for such alternative fuelled vehicles is not as far advanced as for vehicles which use only petrol. A dedicated LPG or NG fuelled vehicle cannot meet the OBD requirements given in Annex I to Directive 98/69/EC. A bi-fuel vehicle could meet the OBD requirements when it is operated on petrol but there are substantial complications when the vehicle is switched from petrol to run on either LPG or NG and then back to petrol. OBD sensor operation may be compromised and the methods for storing freeze-frame data between operation on the two fuels is not defined in appropriate standards.

While there may be some alternative fuel vehicles that provide OBD capability and have been certified to US requirements, for example California Air Resources Board (CARB) OBD-II, such vehicles have been granted substantial waivers against meeting most of these OBD requirements until the 2004 model year. These waivers cover some of the most important OBD monitoring functions such as catalyst efficiency, fuel system operation, engine misfire, oxygen sensor performance and evaporative emission monitoring. Since the concept of 'waivers' is foreign to the European type-approval system, apart from derogations that are possible through the application of Article 8(2)(c) of the type-approval framework Directive, it is not practical to simply follow the US example for the European market.

Alternative fuelled vehicles can provide environmental benefits over other fuels and they should also comply with appropriate OBD requirements. However, the imposition of OBD from 1 January 2000 on such vehicles would, at this stage in their development, impose a barrier to their widespread introduction. Therefore, the Commission proposes that alternative fuelled vehicles be given further time to comply with appropriate OBD requirements. This will also allow the Commission to propose necessary amendments to the OBD requirements of Directive 70/220/EEC, as last amended by Directive 1999/102/EC, that are appropriate for the monitoring of the emission control system on alternative fuelled vehicles.

The Commission therefore proposes that Section 8 of Annex I to Directive 70/220/EEC, as last amended by Directive 1999/102/EC, be amended to clearly specify the dates from which OBD systems are mandatory on new types of vehicles (passenger cars and light commercial vehicles) that are equipped with positive-ignition engines that (a) are fuelled only with petrol, or (b) are fuelled only with LPG or NG (dedicated alternative fuel vehicle) or (c) are fuelled with petrol but can also be switched between petrol and either LPG or NG (bi-fuel vehicle).

In this respect, the Commission proposes that the existing dates for vehicles with positive-ignition engines using petrol remain unchanged but the following dates apply for vehicles with positive-ignition engines that use only LPG or NG or can switch between petrol and either LPG or NG:

New types All types

Vehicles of category M1 * 2500 kg and vehicles of

category N1 class I 1 January 2003 1 January 2006

Vehicles of category M1 > 2500 kg and vehicles of

category N1 class II and III 1 January 2006 1 January 2007

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Council Directive 70/220/EEC concerning measures to be taken against air pollution by emissions from motor vehicles (Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission [1],

[1] OJ C

Having regard to the opinion of the Economic and Social Committee [2],

[2] OJ C

Acting in accordance with the procedure laid down in Article 251 of the Treaty [3],

[3] Opinion of the European Parliament of ...., Council common position of .... and Decision of the European Parliament of .....

Whereas:

(1) Council Directive 70/220/EEC [4] of 20 March 1970 on the approximation of the laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles, as last amended by Commission Directive 1999/102/EC [5], is one of the separate directives under the type-approval procedure laid down by Council Directive 70/156/EEC [6] 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, as last amended by Directive 98/91/EC of the European Parliament and of the Council [7].

[4] OJ L 76, 6.4.1970, p. 1.

[5] OJ L 334, 28.12.1999, p. 43.

[6] OJ L 42, 23.2.1970, p. 1.

[7] OJ L 11, 16.1.1999, p. 25.

(2) Directive 70/220/EEC lays down the specifications for the testing of emissions of the motor vehicles falling within its scope. In view of the recent experience gained and the rapidly developing state of the art of on-board diagnostic systems, it is appropriate to adapt those specifications accordingly.

(3) On-board diagnostics (OBD) is at a less developed stage for vehicles equipped with positive-ignition engines which run permanently or part-time on liquefied petroleum gas (LPG) or natural gas (NG) and cannot be required on such new types of vehicles before 2003.

(4) Directive 70/220/EEC should be amended accordingly.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 70/220/EEC is amended in accordance with the Annex to this Directive.

Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2000 at the latest. They shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

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

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

ANNEX

Section 8.1. of Annex I to Directive 70/220/EEC is replaced by the following:

'8.1. Vehicles with positive-ignition engines

8.1.1. Petrol fuelled engines

With effect from 1 January 2000 for new types and from 1 January 2001 for all types, vehicles of category M1 - except vehicles the maximum mass of which exceeds 2 500 kg - and vehicles of category N1 class I, must be fitted with an on-board diagnostic (OBD) system for emission control in accordance with Annex XI.

With effect from 1 January 2001 for new types and from 1 January 2002 for all types, vehicles of category N1 classes II and III and vehicles of category M1, the maximum mass of which exceeds 2 500 kg, must be fitted with an OBD system for emission control in accordance with Annex XI.

8.1.2. LPG and NG fuelled vehicles

With effect from 1 January 2003 for new types and from 1 January 2006 for all types, vehicles of category M1 - except vehicles the maximum mass of which exceeds 2 500 kg - and vehicles of category N1 class I, running permanently or part-time on either LPG or NG fuel, must be fitted with an OBD system for emission control in accordance with Annex XI.

With effect from 1 January 2006 for new types and from 1 January 2007 for all types, vehicles of category N1 classes II and III and vehicles of category M1, the maximum mass of which exceeds 2 500 kg, running permanently or part-time on either LPG or NG fuel, must be fitted with an OBD system for emission control in accordance with Annex XI.'