Amended proposal for a European Parliament and Council Directive relating to measures to be taken against air pollution by emissions from motor vehicles and amending Council Directives 70/156/EEC and 70/220/EEC (1) (97/C 106/04) (Text with EEA relevance) COM(97) 61 final - 96/0164(COD)

(Submitted by the Commission pursuant to Article 189a (2) of the EC Treaty on 21 February 1997)

1. Whereas:

a) The fifth recital reads as follows:

'. . .; whereas a cost/effectiveness study within the auto/oil programme has shown that a further improvement of vehicle technology was necessary with a view to achieving air quality in the year 2010 as described in the communication by the Commission on the auto/oil programme;`

b) The sixth recital reads as follows:

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

c) The eighth recital reads as follows:

'Whereas reductions of the type-I test limits applicable from the year 2000 corresponding to abatements of 40 % nitrogen oxides, 40 % total hydrocarbons, 30 % carbon monoxide for gasoline passenger cars and gasoline light commercial vehicles, 20 % nitrogen oxides, 20 % for the combined value for hydrocarbons plus nitrogen oxides, 40 % carbon monoxide, 35 % particulate matters for indirect injection diesel passenger cars and 40 % nitrogen oxides, 40 % for the combined value for hydrocarbons plus nitrogen oxides, 40 % carbon monoxides and 50 % particulate matter, for direct injection diesel passenger cars, 20 % nitrogen oxides, 65 % hydrocarbons, 40 % carbon monoxide and 35 % particulate matter for diesel light commercial vehicles have been identified as key measures to achieve sufficient medium-term air quality; whereas these reductions have been applied to hydrocarbons and nitrogen oxides with the assumption that nitrogen oxides represents respectively 45 % and 80 % of the weight of the combined value measured for gasoline/diesel vehicles complying with Directive 94/12/EC and Directive 96/69/EC respectively; whereas separate limit values are now normally fixed for gasoline 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 the 40 second idling period");`

d) After the fifteenth recital the following new recitals are added to read as follows:

'Whereas Article 5 of Directive 70/220/EEC lays down, that amendments to Annexes I to VII, can be adapted to technical progress in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC; whereas in the meantime the Directive has been completed by several other annexes and it is essential that in future all annexes to Directive 70/220/EEC can be adopted to technical progress in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC;

Whereas, at present and at the request of the manufacturer, type-approval pursuant to Directive 70/220/EEC may be extended from M1 or N1 vehicles equipped with diesel engines which have already been type-approved, to M2 and N2 vehicles having a reference mass not exceeding 2 840 kg; whereas, in normal circumstances such M2 and N2 vehicles would need a type-approval pursuant to Directive 88/77/EEC; whereas, for reasons of regulatory coherence and the need to ensure better environmental protection it is expedient to delete this possibility for extension of type-approval;`

2. Article 2 reads as follows:

'Article 2

Directive 70/220/EEC is hereby amended as follows:

1. In Article 5 the words "Annexes I to VII" are replaced by "the Annexes".

2. The Annexes are amended in accordance with the Annex to this Directive`.

3. Article 3 reads as follows:

'Article 3

1. With effect from 1 January 1998, Member States must accept compliance with the requirements of Directive 70/220/EEC, as amended by this Directive, for the purposes of Articles 4 (1) and 7 (1) of Directive 70/156/EEC.

2. With effect from 1 January 2000 for vehicles of category M, as defined in Annex II Section A to Directive 70/156/EEC, except vehicles designed to carry more than six occupants including the driver and vehicles whose maximum mass exceeds 2 500 kg, and of Class I and with effect from 1 January 2001 for vehicles of Classes II and III, as defined in the Table in Section 5.3.1.4 of Annex I to Directive 70/220/EEC, Member States may no longer grant:

- EC type-approval in accordance with Article 4 (1) of Directive 70/156/EEC or

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

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 and C 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 for vehicles of category M, except vehicles designed to carry more than six occupants including the driver and vehicles whose maximum mass exceeds 2 500 kg and of Class I and with effect from 1 January 2002 for vehicles of Classes II and III, Member States must:

- consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC as no longer valid for the purposes 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 requirements of Directive 70/220/EEC, as amended by this Directive, are not fulfilled.

For the type I test the limit values set out in row A and C of the table in Section 5.3.1.4 of Annex I to Directive 70/220/EEC are to be used.

4. Until the dates referred to in paragraphs 2 and 3 type-approval is granted and conformity of production verifications are carried out in accordance with the provisions of Directive 70/220/EEC as amended by Directive 96/69/EC.`

4. Article 4 reads as follows:

'Article 4

Member States may make provision for tax incentives only in respect of motor vehicles which comply with Directive 70/220/EEC as amended by this Directive. Such incentives must comply with the provisions of the Treaty and satisfy the following conditions:

- they shall be valid for all new vehicles offered for sale on the market of a Member State which comply in advance with either the mandatory limit values set out in row A and C of the table in Section 5.3.1.4 of Annex I to Directive 70/220/EEC, as amended by this Directive, or, the indicative limit values set out in row B and D of the same table,

- they shall be terminated with effect from the mandatory application of the emission limit values laid down in Article 3 (3) for new motor vehicles, or by 1 January 2005 in the case of the indicative limit values set out in row B and D 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 be for an amount lower than the additional cost of the technical solutions introduced to ensure compliance with the values set in Article 3 (3), or the indicative limit values set out in row B and D 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 of any plans to institute or change the tax incentives referred to in the first paragraph in sufficient time to submit its observations.`

5. Point 3 of the Annex reads as follows:

'Section 1 reads as follows:

"1. SCOPE

This Directive applies to

- the tail-pipe emissions, evaporative emissions, emissions of crank-case gases, the durability of anti-pollution devices and onboard diagnostic (OBD) systems for all motor vehicles equipped with positive-ignition engines

and

- the tail-pipe emissions, the durability of anti-pollution devices and onboard diagnostic (OBD) systems from vehicles of category M1 and N1 (*), 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 (***).

(*) As defined in Annex II, Section A to Directive 70/156/EEC.

(**) OJ No L 197, 20. 7. 1983, p. 1.

(***) OJ No L 36, 9. 2. 1988, p. 33."`

6. Point 10 of the Annex:

The table is replaced by the following new table:

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7. Point 11 of the Annex reads as follows:

'Section 5.3.1.4:

The table is replaced by the following table to read as follows:

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8. Point 14 of the Annex:

Section 9.1 reads as follows:

'9.1. Vehicles of

- category M (*) with a maximum mass not exceeding 3 500 kg and

- category N1 (*)

equipped with positive-ignition engines shall be fitted with an onboard diagnostic (OBD) system for emission control in accordance with Annex XI. If other vehicles of category M and N1 are fitted with an onboard diagnostic (OBD) system, the OBD system must meet the requirements of Annex XI.

(*) As defined in Annex II, Section A to Directive 70/156/EEC.`

9. Point 26 of the Annex:

(a) Section 1 (of Annex XI) reads as follows:

'1. SCOPE

This Annex applies to the functional aspects of onboard diagnostic (OBD) systems for the emission control of all motor vehicles of

- category M (*) with a maximum mass not exceeding 3 500 kg and

- category N1 (*)

equipped with positive-ignition engines and all motor vehicles of category M1 and N1 equipped with compression-ignition engines covered by Article 1 of this Directive.

(*) As defined in Annex II, Section A to Directive 70/156/EEC.`

(b) Section 5.3.2 (of Annex XI) reads as follows:

'5.3.2. The OBD system shall indicate the failure of an emission related component or system when that failure results in an increase in emissions above the limits given in Table XI.5.3.2.

>TABLE>

`

(1) OJ No C 77, 11. 3. 1997, p. 8.