Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 97/24/EC on certain components and characteristics of two or three-wheel motor vehicles

(presented by the Commission)

EXPLANATORY MEMORANDUM

A. Objective of the proposal

The objective of the proposal is to strengthen Community requirements aimed at limiting polluting emissions from motorcycles, which will contribute to achieving ambient air quality targets and national emission ceilings in 2010. Emission requirements of motorcycles are governed by the so-called 'Multi-Directive' 97/24/EC of 17 June 1997 regarding certain components and characteristics of two and three-wheel vehicles, which completed the implementation of the EU type-approval system for two and three-wheel vehicles.

B. Legal basis

The measures are proposed on the basis of Article 95 (ex Article 100A) of the EC Treaty. They form part of the European type-approval system for two and three-wheel vehicles and compliance with them will be mandatory for new approvals to be issued by national authorities. The measures reflect the traditional legislative approach followed in this sector, namely total harmonisation of all relevant technical prescriptions. The measures set the performance standards, leaving the manufacturers the freedom to design products that meet these standards. This legislative approach is fully supported by the operators in the market.

The text is relevant for the EEA.

C. Background

Much progress has been achieved in improving air quality in Europe through the progressive tightening of vehicle emission standards, as implemented in the consecutive amendments to Directives 70/220/EC (for passenger cars and light commercial vehicles) and 88/77/EEC (for heavy-duty diesel engines and vehicles). Motorcycle emissions were not part of the scope of the AUTO-OIL I Programme.

Current emission limits for motorcycles and mopeds are defined in Directive 97/24/EC and have been mandatory for new EU type-approvals since 17 June 1999. In Article 5 of Directive 97/24/EC, the Commission is requested to put forward proposals for a further tightening of the emission limits for motorcycles within two years from the adoption of the Directive, on the basis of the investigation of the emission reduction potential of technology and an assessment of the costs and benefits deriving from the application of more stringent limit values. This provision does not include mopeds, as a further stage to be applicable from 2002 has already been introduced in Directive 97/24/EC.

Furthermore, the proposal is integrated in a global Community strategy resulting from the AUTO-OIL II Programme, aiming at achieving Community air quality targets in a cost-efficient way for the Community as a whole. The proposal is fully coherent with the preliminary conclusions of the AUTO-OIL II Programme.

1. AUTO-OIL II Programme: emission inventory base case and air quality targets

1.1 The base case of the AUTO-OIL II Programme (AOPII)

The transport 'base-case' of the AOPII gives an emission inventory for road transport and other sources for all major pollutants in the time frame 1990-2020, assuming a 'regulatory stand-still'.

The table below gives an overview of the emission inventory results for motorcycles (EU-9), in particular with respect to total transport emissions, for the three regulated pollutants, i.e. carbon monoxide (CO), hydrocarbons (HC) and oxides of nitrogen (NOx). It covers the nine EU countries for which the AOPII has developed a detailed transport sector analysis.

>TABLE POSITION>

Although a decrease in absolute motorcycle emissions of HC and CO are forecasted through the implementation of the emission limits of Directive 97/24/EC, the relative share of motorcycles within total transport emissions is increasing rapidly, up to 13.7% in 2010 and 20% in 2020 for HC, although motorcycles would only constitute 2 to 3% of the total traffic volume. This can be explained by the more drastic decline of emissions from other vehicle categories, resulting from the implementation of EURO I through EURO IV limits and the gradual phasing out of the stock of older and more polluting vehicles.

A similar trend is envisaged for emissions of NOx from motorcycles, although their share in total transport emissions is much less pronounced than for HC.

Motorcycle emissions of particulate matter (PM) were not modelled due to a lack of relevant data, although, particularly for the smaller two-stroke motorcycles, they are considered to be significant.

1.2 Air quality objectives of the AUTO-OIL II Programme in relation to motorcycle emissions

The air quality objectives of the AOPII take the form of:

- ambient air quality standards for 2010;

- emission reduction targets based on the proposed national emissions ceilings.

The base case of the AOPII forecasts significant reductions in emissions for all 'conventional' pollutants for 2010. These reductions in emissions translate into important improvements in air quality but may not always be sufficient to reach the air quality objectives mentioned above.

At the urban level, modelling foresees the widespread exceedence of the indicative PM10 standard. Exceedences of NO2 and benzene objectives could be limited to a small minority of cities and in most of these cases may be restricted to the urban centre.

At the regional level, it is forecasted that the improvements in regional tropospheric ozone levels which can be expected in 2010, will still leave the Community well short of its objective of no regional-scale exceedence of critical levels.

The conclusions from AOPII show that one of the main air quality challenges will be 'closing the gap' between the AOPII base case emission projections and the proposed national emission ceilings for NOx and HC, as precursors to ozone formation. Exceedences in 2010 with respect to national emissions ceilings for HC emissions could be expected for Belgium, France, Germany, Italy, Netherlands, Portugal and the UK.

From an air quality perspective, spatial and temporal conditions of motorcycle use play an additional role. In the northern and central countries of Europe, larger motorcycles are used primarily for leisure during sunny ozone-sensitive summer weekends. In the Southern countries, smaller motorcycles are used intensively for commuting purposes in densely populated urban areas, thereby contributing significantly to urban air quality problems.

On the basis of this information regarding motorcycle emissions (see paragraph 1.1) and air quality (see paragraph 1.2), the regulatory measures of this proposal are focused, in the first instance, on the reduction of hydrocarbon emissions. Reductions of NOx emissions from motorcycles will have a much less pronounced impact on achieving the air quality objectives. As PM10 emissions from two-stroke engines are closely correlated with hydrocarbon emissions, the focus on hydrocarbons will result in an additional benefit in terms of PM10 emission reductions in urban areas, in southern countries in particular.

2. Technology review and emission reduction potential

A detailed assessment of current and future motorcycle emission control technology was performed in order to establish the feasibility and emission reduction potential, in relation to a realistic time-frame for industrial implementation. The limit values in this proposal are derived from this information, taking into account the weighting of costs and benefits related to their development and application.

The present-day emission limits for motorcycles require a technology comparable to the pre-catalyst stage for passenger cars. Electronic fuel injection and engine management systems have just begun to find their way into the market. However, emission reduction technologies applied for passenger cars, are not simply transferable to motorcycles for reasons of technology, construction, volume, weight and cost. For instance, maximum conversion rates of catalyst technology will be lower when applied in motorcycles.

As for other vehicles, it is recommended to set longer term targets and to approach this in phases. Therefore the proposal opts for a two-stage approach, introducing a first stage of reduced emission limits now and envisaging a second stage later on. This will give industry sufficient lead time and also a clear target for the future. As indicated in paragraph 5.2., this approach will also allow a timely introduction of a new test cycle, which is currently being developed, in the second stage.

For four-stroke engines (4S), feasible technologies to limit emissions significantly are (1) secondary air injection (SAI), (2) oxidation catalyst (OC) with or without secondary air injection, and (3) closed loop three-way catalyst (TWC). The emission reduction potential for hydrocarbons for these three solutions are estimated respectively as -25%, -50 to -65%, and -60 to -80% with respect to present-day technology (on the present test cycle). Only three-way-catalyst technology can provide an important reduction of NOx emissions.

For two-stroke machines (2S), feasible technologies are the oxidation catalyst and direct injection (with or without oxidation catalyst). Direct injection technology is regarded as the most advanced technology, showing superior characteristics in terms of HC and CO emission reduction, fuel consumption, durability of low emission performance, and anti-tampering. Various two-stroke manufacturers are currently developing this technology or have already a model on the market. Direct injection technology for two-strokes has the potential to bring emissions almost to the level of their four-stroke counter-parts and therefore to make separate limits for two-stroke engines, as presently in the directive, irrelevant. The emission reduction potential for HC is estimated at -70% with respect to present-day technology. However, this would inevitably lead to a limited increase in NOx emissions to a similar NOx level as four-stroke engines.

3. Costs and cost/effectiveness ratio

Cost estimates for the different technologies were derived from estimates of the increase of industrial cost (per vehicle) as given by ACEM (The European Motorcycle Manufacturer Association) and the TNO report 'The motorcycle emission situation'. The ACEM data are based on a questionnaire with different manufacturers. Instead of giving just one figure as a cost estimate for the application of a certain technology, three levels were selected, i.e. the average, maximum and minimum cost estimate, reflecting the range of the questionnaires responses. The table below gives an overview of the results.

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The large variability of these cost estimates is due to several reasons. First of all, the additional costs of cleaner vehicles will not be caused primarily by the additional equipment costs, but by the development and calibration cost, and therefore depends heavily on the series volume over which these costs have to be amortised. Motorcycle manufacturers, and in particular smaller manufacturers, are at a disadvantage because series volume and price tend to be lower than for passenger cars. Also the different state of the art between the different motorcycle manufacturers can explain differences in cost. Furthermore, development costs will be significantly higher for a change that has to be made on a short term due to a particular legislative step entering into force, than for a change that can be incorporated into a model change that is planned anyway, which is more likely for a legislative step that is planned for the longer term.

The range of cost estimates per vehicle is broadly between EUR 50 and EUR 400 per vehicle (with an exception for TWC) which can be compared with previous results for AUTO-OIL I, namely EUR 200 to EUR 520 for passenger cars and EUR 530 to EUR 620 for heavy-duty vehicles.

Since the main issue for motorcycle emissions is hydrocarbons, the ratio of 'cost per vehicle divided by tons HC saved over its entire life' gives an indication of the cost-effectiveness of the different technological solutions (see table below).

>TABLE POSITION>

These results can be compared with the marginal cost estimates for reducing HC emissions from stationary sources to reach the targets of the proposed Directive on National Emission Ceilings (IIASA: cost effective control of acidification and ground-level ozone), ranging from EUR 550 to EUR 10 000/ton HC for the different countries.

4. Limit values for stage 1 and technological solutions

For four-strokes, the next stage of emission limits will imply the application of oxidation catalysts/secondary air injection, or equivalent technologies, leading to a reduction of emission limits of 60% for HC and for CO.

As direct injection technology for two-stroke engines shows superior characteristics in terms of HC and CO emission reduction, fuel consumption, durability of low emissions, and anti-tampering, this proposal implies that the next stage of emission limits will result in the application of direct injection technology. Emission limits are reduced by 70% for HC and 30% for CO. Oxidation catalyst and direct injection technology give comparable results on a cost-benefit basis. Costs per vehicle are higher for direct injection technology, but a higher retail price for the consumer is likely to be off-set by significant savings in fuel consumption.

Regarding NOx, it should be noted that the present limits should be regarded as reasonably low, which is also reflected in the limited share of motorcycle NOx emissions in total transport emissions. Furthermore, the envisaged technologies, (see above), while showing considerable benefits in terms of HC and CO emissions, both at the level of an individual vehicle and at an aggregated level, have little or zero potential in reducing NOx emissions. On the contrary, four-stroke engines might need to operate more lean than current practice, thereby slightly increasing NOx emissions. As already mentioned, the application of two-stroke direct injection will inevitably lead to NOx emissions in line with their four-stroke counterparts. On the basis of the lack of NOx reduction potential and in order not to hinder the introduction of direct injection technology for two-strokes, it is proposed to apply the present NOx limit for four-strokes to all motorcycles. Adequate technology for a reduction of NOx will require a longer lead time for industry to develop, especially for the smaller manufacturers. It is therefore propose to envisage NOx reductions in the second stage.

In conclusion, the proposed technological solutions for the first stage create the opportunity to establish one set of limit values applicable for all motorcycles, irrespective of the type of engine.

5. Stage 2

5.1 Basic technologies for stage 2

As indicated in point 2., more environmentally advanced technologies are technically feasible. However, a major part of motorcycle industry requires more time to develop and implement the necessary technology. Therefore, it is worthwhile to envisage a second stage, which would enforce the application of best available technology, such as closed loop three-way catalyst for larger four-stroke motorcycles and advanced direct injection two-stroke engines with oxidation catalyst. Measured on the present cycle, the second stage would therefore include additional emission reductions for CO, HC and NOx with respect to the stage 1 limit values. However, such mandatory limit values could only be developed in detail when the current test cycle has been revised and after further study of the technical feasibility and emission reduction potential of this technology.

5.2 Test cycle review

The current engine dynamometer test cycle has been in place since the introduction of UN-ECE Regulation 40 and consists only of the urban duty cycle (UDC) with the engine warmed up by running the cycle twice before starting the emission measurement. Additionally, the motor is running at idling speed for 40 seconds before these two pre-conditioning cycles. This test procedure remained unchanged in Directive 97/24/EC.

The '40-second idling time' was introduced for reasons of proper functioning of the measuring equipment, but is regarded as no longer necessary for present-day emission sampling equipment. Therefore, it is proposed to delete this provision.

The actual current test cycle has two major draw-backs, which makes it less representative of real emission behaviour of motorcycles in service. First of all, the driving cycle is less dynamic than actual driving patterns suggest (which show high accelerations) and does not include extra-urban driving, both of which are particularly important for larger motorcycles. Secondly, the procedure does not take into account the warming-up behaviour of the vehicle. Smaller motorcycles, which are primarily used for short urban trips, are particularly affected by the unrealistic warming-up of this test cycle. It is clear that a more representative test cycle is necessary.

As both phenomena have only recently been studied, no data are available which could support the introduction of new testing procedures in a scientifically sound manner at this moment. It should be noted that, while certain parties propose the use of the present passenger car cycle, this can only be regarded as a mediocre and temporary solution, which would not take into consideration typical motorcycle driving patterns and dynamics. Such a short-term solution would additionally put an extra burden on the development resources of manufacturers, while not giving a decisive improvement of the test cycle over the longer term.

Work needed to develop a dedicated motorcycle test cycle that tackles the abovementioned problems, has been initiated by the Dutch Government to be carried out by TNO with support from IMMA (the International Motorcycle Manufacturer Association). Also, TÜV Automotive is investigating a new test cycle on behalf of the German Federal Environmental Agency (UBA).

In this respect, and following the implementation of the Parallel Agreement, it is worthwhile pursuing a global approach with a view to developing a world-wide harmonised motorcycle test cycle (WMTC). It is recommended that this is pursued through a coordinated action at the level of the UN-ECE Group on Pollution and Energy (GRPE - a sub-group of WP29), as it is presently being carried out for the development of a world-wide harmonised heavy duty cycle.

In line with the preliminary work programme on a world-wide harmonised motorcycle test cycle established in GRPE, the Commission intends to bring forward a proposal to the European Parliament and the Council in order to introduce the new test cycle, as well as stage 2 limit values on the basis of this new cycle, before the end of 2002.

D. Involvement of interested parties

1. Position of industry

The motorcycle industry have been involved from the earliest discussions regarding future measures on motorcycle emissions and regarding the development of a dedicated test cycle for motorcycles. They have been an important contributor and are, in general, supportive of the Commission's proposals.

2. Position of the Member States

Experts of Member States have been consulted and informed of the content of this proposal through the Commission's consultative group, the Motor Vehicle Emission Group (MVEG). A majority of the experts are supportive of the proposals. Therefore, it is expected that a majority of the Member States will agree with the proposal.

E. Content of the proposal

1. Motorcycle emission standards - Stage 1 (2003)

In accordance with the technology feasibility review and the evaluation of costs and benefits, the Commission proposes that emission standards for motorcycles be tightened. It is proposed that these measures should apply from 1 January 2003 for new vehicle types and from 2004 for all new vehicles. A second regulatory stage is envisaged to be applied from 1 January 2006 for new vehicle types (see below).

The technological solutions which are considered to be necessary for achieving the proposed limits enable the proposal of one set of limit values for all motorcycles. In this way, the differentiation between two and four-stroke vehicles, as in the current Directive, can be abolished, leading to a technology-independent regulatory framework.

The proposed new limit values to be applied from the year 2003 represent reductions, against stage 1999 emission standards, of:

* 60% for hydrocarbons and for carbon monoxide for four-stroke motorcycles;

* 70% for hydrocarbons and 30% for carbon monoxide for two-stroke motorcycles.

As noted above, the NOx limit for two-stroke engined motorcycles, needs to be relaxed somewhat with respect to the present NOx limit of Directive 97/24/EC, bringing it in line with the NOx limit for four-stroke engined motorcycles.

The proposed 2003 limit values are as follows:

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2. Motorcycle emission standards - Stage 2 and review of the test cycle (2006)

The proposal envisages a second stage of emission limits to further reduce motorcycle emissions from the year 2006. The purpose of this is to give advance notice to the motorcycle industry of the measures the Commission anticipates that will need to be applied from that date. Additionally, this second stage will be based on a new test cycle, which will be more representative of real world emission behaviour.

To specify test procedure and limit values for stage 2, the Commission intends to bring forward a proposal to the European Parliament and the Council before the end of 2002.

3. Emission standards for tricycles and quadricycles

Directive 97/24/EC also applies to tricycles and quadricycles. Current emission limits are set at 1.5 times the emission limits for two-wheeled motorcycles. As the total market for this category of vehicles is very small (less than 10 000 units/year in the EU market), their contribution in overall emissions is marginal. Although the basic engines of tricycles and quadricycles are derived from motorcycles, emissions tend to be somewhat higher due to increased inertia and increased friction losses. It is therefore proposed to set the gasoline limit values at approximately 1.25 times the emission limits for two-wheelers.

It is expected that in the future, there will be a shift towards diesel engined vehicles. It is therefore proposed to introduce separate limit values for gasoline and diesel engined vehicles. Diesel engines would enable lower CO and HC values but would require a somewhat higher NOx value.

The proposed 2003 limit values are as follows:

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4. Other issues

4.1. Reference fuels

Annex IV to Chapter V gives the specifications of the reference fuels (petrol and diesel) to be used for testing. The characteristics of these reference fuels should be aligned with those applicable for passenger cars therefore taking into account the development of reference fuels to reflect market average specifications.

4.2. Type II testing and emissions data for roadworthiness testing

The type II test involves the measurement of CO at idling speed. With the application of emission control technology, the current limit of the carbon monoxide content of 4.5% by volume, will no longer represent a valid criterion. It is proposed to delete this limit value, but to include the test data (CO measurement, engine speed) in the document on the test results which is attached to the vehicle type approval certificate, as described in the framework Directive 92/61/EC. In line with the requirements for passenger cars, these data can be used potentially for the purpose of future requirements for roadworthiness testing. The implementation of such requirements for motorcycles could be dealt with in the adaptation of Directive 96/96/EC (relating to roadworthiness tests for motor vehicles and their trailers). Inspection and maintenance is regarded essential to ensure that emission levels of new vehicles do not deteriorate in-use beyond acceptable levels.

5. Fiscal incentives

In line with the earlier adopted Directives on emissions for two and three-wheeled vehicles, passenger cars and heavy-duty vehicles, it is proposed to apply fiscal incentives to vehicles that meet the stage 2003 emission limits in advance of the mandatory application date for this stage.

As indicated previously, environmentally advanced technologies, which go beyond what is mandatory for 2003, are technically feasible. The Commission believes that there are significant environmental advantages to be gained by encouraging the development and use of such technologies. It is therefore proposed to introduce permissive values in order to provide an option for Member States which would like to stimulate more advanced environmental technologies through the granting of fiscal incentives. The proposed framework for granting these incentives strikes the balance between, on the one hand, the need to encourage the introduction of new technologies as quickly as possible, and, on the other hand, the need to avoid fragmenting the single market with diverse fiscal incentive programmes that would have the consequence of a multitude of emission standards existing in the EU market.

For these permissive values, it is proposed to introduce a division in two classes, with an engine capacity below and above 150cc respectively, reflecting the expected difference in technological performance for these two classes. For the larger motorcycles (above 150cc) the application of closed loop three-way catalyst, or equivalent technologies, can result in additional reductions in the order of 60 to 75% for all three pollutants over the 2003 mandatory limit values (on the present cycle). The emission reduction potential for the more advanced technologies of smaller motorcycles, such as oxidation catalyst in combination with secondary air injection for four-strokes and advanced direct injection with oxidation catalyst for two-strokes, is expected to be more limited for HC and NOx, i.e. in the order of 30% over the 2003 emission limits.

The proposed permissive values, as measured on the stage 1 cycle, are as follows:

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F. Further action

1. Durability requirements for anti-polluting devices

The new emission limits will involve the wide-spread application of emission control technology on motorcycles. As for passenger cars, durability requirements need to be introduced to verify whether emission control technology remains effective through the normal life of the vehicles and under normal conditions of use. It is important to note that automotive catalyst technology is not as such directly transferable to motorcycles since the vibrations, mechanical shock loads, temperature and exhaust pulsations are more severe than for cars.

The Commission is currently investigating this subject in order to include durability requirements for the next stage. In this respect, it will take into account the specific nature of motorcycle emission control technology and dedicated measurements, as well as the current revision on durability requirements for passenger cars. The revision for passenger cars is based on the premise that the durability test is not necessary since the emission limits have to be achieved in service up to 80 000 km or five years, whichever is the sooner (100 000km or five years, whichever is the sooner, in 2005). The Commission expects to be in a position to come forward with appropriate proposals concerning durability requirements, if appropriate, by the end of the year 2000.

G. Subsidiarity

1. Objective of the proposed measures in relation to the obligations placed upon the Commission

The objective of the measures is to adapt existing measures to the technical progress as well as to new knowledge in the field of the environment. The existing measures have largely contributed to achieving the harmonisation of the Community motorcycle market since 1997. Their adaptation is explicitly requested by Directive 97/24/EC and is an element of a global consensus which permitted the adoption of the previous Directive.

2. Compared competence of the Community and of the Member States

With the Directive 97/24/EC of the European Parliament and the Council, the Community has decided to harmonise all emission-related requirements for new vehicle approval on the basis of total harmonisation. The matter is therefore an issue of exclusive Community competence.

3. Forms of action available for the Community

The only realistic form of action is legislation based on a Directive or a Regulation. As a separate Directive permitting the application of the EC type approval of two and three-wheel vehicles put in place by Directive 92/61/EEC, the proposal adopts the legal requirements necessary in this sector.

4. Availability of an approach with general objectives leaving execution to the Member States

A uniform, detailed Directive is necessary to be coherent with the requirements of framework Directive 92/61/EEC.

H. Conclusions

This proposal for a European Parliament and Council Directive ensures the highest degree of environmental protection being consistent with an economically sound global approach and realistic technical capabilities.

The proposal will contribute to the improved protection of public health and the environment within the Community by setting ambitious but realistic objectives, while giving sufficient lead time to the motorcycle and component industries to develop the necessary technologies.

The Commission has taken care of the need to provide a stable framework for operators in the market, and the proposal has been made with this objective in mind. However, these proposals will place the Community in the lead of global efforts to reduce emissions from motorcycles.

2000/0136 (COD)

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 97/24/EC on certain components and characteristics of two or three-wheel 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] OJ C

Whereas:

(1) The fifth programme of action of the European Community on protection of the environment, which in its general approach was approved by the Council in its Resolution of 1 February 1993 [4], provides for additional efforts to be made for a considerable reduction in the present level of emissions of pollutants from motor vehicles.

[4] OJ C 138, 17.5.1993, p. 1.

(2) Directive 97/24/EC of the European Parliament and of the Council [5] is one of the separate Directives under the type-approval procedure laid down by Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two and three-wheel vehicles [6], as last amended by Directive 2000/7/EC of the European Parliament and of the Council [7].

[5] OJ L 226, 18.8.1997, p. 1.

[6] OJ L 225, 10.8.1992, p. 72.

[7] OJ L 106, 3.5.2000, p. 1.

(3) Under Article 5 of Directive 97/24/EC, the Commission is required to submit, within 24 months from the date of adoption of the said Directive, to the European Parliament and the Council, a proposal prepared on the basis of research and an assessment of the costs and benefits deriving from the application of tightened-up limit values and laying down a subsequent stage during which measures will be adopted aimed at further tightening of the limit values for pollutants of the vehicles concerned; such action is limited to motorcycles, since a subsequent stage entailing tighter limit values for mopeds, to be applied from 17 June 2002, is already provided for in Directive 97/24/EC.

(4) On the basis of the assessment of the technical feasibility and cost-effectiveness, a single set of new Type I test limits, applicable from 2003 for all motorcycles, is identified, corresponding to a reduction of 60% for hydrocarbons and carbon monoxide for four-stroke motorcycles, and 70% for hydrocarbons and 30% for carbon monoxide for two-stroke motorcycles; for four-stroke motorcycles, further reductions in nitrogen oxides were not considered feasible with the envisaged technologies; for two-stroke motorcycles, the application of advanced direct engine technology, which has the greatest reduction potential in terms of carbon monoxide and hydrocarbons, is inevitably linked to a moderate increase of the nitrogen oxides limit, relative to the present-day limit value, bringing the limit in line with four-stroke motorcycles; on the basis of the emission inventory, which confirms the marginal share of motorcycles in total road-transport emissions of nitrogen oxides, this is regarded as acceptable.

(5) Inspection and maintenance are regarded as essential to ensure that emission levels of new vehicles do not fall in-use below acceptable levels; in this respect, and in line with the provisions for passenger cars, the requirements for type II testing, and in particular the limit for carbon monoxide content of 4.5% by volume, should be replaced by requirements to measure and record the necessary data for the purpose of roadworthiness testing.

(6) Tricycles and quadricycles are equipped either with spark ignition or compression ignition engines; in line with emission limits for passenger cars, each category requires a separate set of limit values.

(7) The characteristics of the reference fuels used for emission testing should be aligned with those applicable to passenger cars, thereby reflecting the changes in the specifications of market fuel in accordance with the Community legislation on the quality of petrol and diesel fuels.

(8) Member States should be allowed, by way of tax incentives, to expedite the placing on the market of vehicles which satisfy the requirements adopted at Community level and to promote more environmentally advanced technologies on the basis of permissive emission values; such incentives should satisfy certain conditions intended to avoid distortions of the internal market; 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 two and three-wheel vehicles.

(9) A new type-approval test cycle should be introduced which will allow a more representative evaluation of the emissions performance, in test conditions that more closely resemble those encountered by vehicles in use, and which takes into account the difference in driving patterns between small and large motorcycles; additional development work is in progress in order to support the introduction of a new test cycle in a scientifically sound manner.

(10) It is necessary to establish a further stage of emission limits, comprising further substantial reductions with respect to the limit values for 2003; such limit values can be developed in detail only when the current test cycle has been revised and after further study of the technical feasibility and emission-reduction potential of the technology.

(11) In accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty, the objective of the proposed action, namely the reduction of the level of pollutant emissions from two and three-wheel vehicles, cannot be sufficiently achieved by the Member States and can therefore be better achieved by the approximation of the laws of the Member States on the subject: this Directive confines itself to the minimum required in order to achieve that objective and does not go beyond what is necessary for that purpose.

(12) Directive 97/24/EC should be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Chapter 5 of Directive 97/24/EC is amended in accordance with the text in the Annex hereto.

Article 2

1. With effect from 1 January 2002, no Member State may, on grounds relating to the measures to be taken against air pollution:

- refuse to grant EC type-approval pursuant to Article 4(1) of Directive 92/61/EEC,

- prohibit the registration, sale or entry into service of vehicles,

if the measures to be taken against air pollution comply with the requirements of Directive 97/24/EC, as amended by this Directive.

2. With effect from 1 January 2003, Member States shall refuse to grant EC type-approval pursuant to Article 4(1) of Directive 92/61/EEC for any type of vehicle on grounds relating to the measures to be taken against air pollution, if it fails to comply with the provisions of Directive 97/24/EC, as amended by this Directive.

For the type I test, the limit values set out in row A of the Table in Chapter 5, Annex II to Directive 97/24/EC, as amended by this Directive, shall be used.

3. With effect from 1 January 2004, Member States shall:

- consider certificates of conformity which accompany new vehicles pursuant to Directive 92/61/EEC as no longer valid, 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 92/61/EEC,

on grounds relating to the measures to be taken against air pollution, if the vehicles fail to comply with the provisions of Directive 97/24/EC, as amended by this Directive.

For the type I test, the limit values set out in row A of the Table in Chapter 5, Annex II to Directive 97/24/EC, as amended by this Directive, shall be used.

Article 3

1. Member States may make provision for tax incentives only in respect of vehicles which comply with Directive 97/24/EC, as amended by this Directive. Such incentives shall comply with either of the following conditions:

(a) they shall apply to all new 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 Chapter 5, Annex II to Directive 97/24/EC, as amended by this Directive; they shall be terminated with effect from the mandatory application of the emission limit values laid down in Article 2(3) for new vehicles; or

(b) they shall apply to all new vehicles offered for sale on the market of a Member State which comply with the permissive limit values set out in row B of the Table in Chapter 5, Annex II to Directive 97/24/EC, as amended by this Directive.

2. For each type of vehicle referred to in paragraph 1, the tax incentives shall be for an amount lower than the additional cost of obtaining and fitting on the vehicle the technical solutions introduced to ensure compliance with the values set in either row A or row B of the Table in Chapter 5, Annex II to Directive 97/24/EC, as amended by this Directive.

3. The Commission shall be informed in sufficient time of plans to create or change the tax incentives referred to in paragraph 1, so that it can submit its observations.

Article 4

1. The Commission shall consider a further tightening of the emission standards of vehicles falling within the scope of this Directive, taking into account:

(a) technical developments in the field of emission control technology and their technical and economic feasibility with regard to their application to motorcycles;

(b) the advances in the development of a more representative test cycle for motorcycles which remedies the current limitations of the current test cycle, such as cold start and high driving dynamics;

(c) the opportunity to harmonise the test cycle on a world-wide basis;

(d) the correlation of limit values between the current and the new test cycle.

2. On the elements referred to in paragraph 1, the Commission shall submit, if necessary, a proposal to the European Parliament and the Council, containing inter alia:

(a) a new dedicated test cycle to be used for the measurement of emissions in the type I test;

(b) mandatory emission limit values to be applied from 2006.

Article 5

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2001 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.

Article 6

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

Article 7

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

ANNEX

Chapter 5 of Directive 97/24/EC is amended as follows:

1. Annex II is amended as follows:

(a) Section 1.4. is replaced by the following:

'1.4. 'Gaseous pollutants' means the exhaust gas emissions of carbon monoxide, oxides of nitrogen expressed in terms of nitrogen dioxide (NO2) equivalent, and hydrocarbons, assuming a ratio of:

- C1H1.85 for petrol;

- C1H1.86 for diesel.'

(b) Section 2.2.1.1. is replaced by the following:

'2.2.1.1. Type I test (checking the average value of tailpipe emissions in a congested urban area)

2.2.1.1.1. The test is carried out by the procedure described in Appendix 1. The methods used to collect and analyse the gaseous pollutants are those laid down.

2.2.1.1.2. Figure I.2.2 illustrates the routes for type I test.

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

Figure I.2.2. Flow chart for the type I test

>REFERENCE TO A GRAPHIC>

2.2.1.1.4. During the test the exhaust gases are diluted and a proportional sample collected in one or more bags. The exhaust gases of the vehicle tested are diluted, sampled and analysed, following the procedure described below, and the total volume of the diluted exhaust is measured.

2.2.1.1.5. Subject to the requirements of 2.2.1.1.6., the test must be repeated three times. The resulting masses of gaseous emissions obtained in each test must be less than the limits shown in the table below (row A):

>TABLE POSITION>

2.2.1.1.5.1. Notwithstanding the requirements of 2.2.1.1.5., for each pollutant or combination of pollutants, one of the three resulting masses obtained may exceed, by not more than 10%, the limit prescribed, provided the arithmetical mean 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.

2.2.1.1.6. The number of tests prescribed in 2.2.1.1.5. is reduced in the conditions hereinafter defined, where V1 is the result of the first test and V2 the result of the second test for each pollutant.

2.2.1.1.6.1. Only one test is performed if the result obtained for each pollutant is less than or equal to 0,70 L (i.e. V1 <= 0,70 L).

2.2.1.1.6.2. If the requirement of 2.2.1.1.6.1. is not satisfied, only two tests are performed if, for each pollutant the following requirements are met: V1 <= 0,85 L and V1 + V2 <= 1,70 L and V2 <= L.'

(c) Table I and Table II in Section 2.2. are deleted.

(d) Section 2.2.1.2. is replaced by the following:

'2.2.1.2. Type II test (test of carbon monoxide at idling speed) and emissions data required for roadworthiness testing

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

2.2.1.2.2. When tested in accordance with Appendix 2 (type II test) at normal idling speed:

* The carbon monoxide content by volume of the exhaust gases emitted is recorded.

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

2.2.1.2.3. When tested at 'high idle' speed (i.e. >2000 min-1):

* The carbon monoxide content by volume of the exhaust gases emitted is recorded.

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

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

2.2.1.2.5. The recorded data are completed in the relevant Sections of the document, referred to in Annex VII of 92/61/EEC, as last amended.'

(e) A new Section 3.1.1. is added, to read as follows:

'3.1.1. A vehicle is taken from the series and subjected to the test described in 2.2.1.1. The limit values for checking conformity of production are those indicated in the table in Section 2.2.1.1.5.'

(f) The former Section 3.1.1. is renumbered as 3.1.2. and amended as follows:

- the words 'Tables I and II' are replaced by 'the Table in Section 2.2.1.1.5'.

- the words 'the tables referred to in 2.2.1.1.2' are replaced by 'the Table in Section 2.2.1.1.5'.

(g) Section 3.1.3 of Appendix 1 is replaced by the following:

'3.1.3. The tightness of the intake system may be checked to ensure the carburation is not affected by an accidental intake of air.

(h) In Section 5.3.1. of Appendix 1, the last sentence is amended, to read as follows;

'Two complete pre-conditioning cycles are performed before the exhaust gases are collected.'

(i) Section 6.1.3. of Appendix 1 is replaced by the following:

'6.1.3. Prior to the initiation of the first pre-conditioning cycle, a flow of air of variable speed is directed at the motorcycle or motor tricycle. Two complete cycles are then performed during which no exhaust gases are collected. The ventilation system must include a mechanism controlled by the speed of the bench roller so that, in the range from 10 km/h to 50 km/h, the linear air speed at the blower outlet is equal to the relative speed of the roller with an approximation of 10%. For roller speeds below 10 km/h, the air speed may be zero. The end Section of the air blower device must have the following characteristics:

(i) surface area of at least 0.4 m2;

(ii) lower edge between 0.15 and 0.20 m above ground level;

(iii) distance from the leading edge of the motorcycle or motor tricycle between 0.3 and 0.45 m.'

(j) In Section 6.2.2. of Appendix 1, the first sentence is deleted.

(k) Section 7.2.1. of Appendix 1 is replaced by the following:

'7.2.1. After two pre-conditioning cycles (first moment of the first cycle), the operation specified in 7.2.2. to 7.2.5. are performed simultaneously.'

(l) Section 7.4 of Appendix 1 is replaced by the following:

'7.4. Analysis

7.4.1. The exhaust gases contained in the bag must be analysed as soon as possible and in any event not later than 20 minutes after the end of the test cycle.

7.4.2. Prior to each sample analysis the analyser range to be used for each pollutant must be set to zero with the appropriate zero gas.

7.4.3. The analysers are then set to the calibration curves by means of span gases of nominal concentrations of 70 to 100% of the range.

7.4.4. The analysers' zeros are then rechecked. If the reading differs by more than 2% of range from that set in 7.4.2, the procedure is repeated.

7.4.5. The samples are then analysed.

7.4.6. After the analysis, zero and span points are rechecked using the same gases. If these rechecks are within 2 % of those in 7.4.3, the analysis is considered acceptable.

7.4.7. At all points in this Section the flow-rates and pressures of the various gases must be the same as those used during calibration of the analysers.

7.4.8. The figure adopted for the concentration of each pollutant measured in the gases is that read off after stabilisation on the measuring device.'

2. Annex IV is replaced by the following:

'ANNEX IV

SPECIFICATIONS FOR THE REFERENCE FUEL (PETROL)

The reference fuel used is the one described in ANNEX IX, Section 1, of Directive 70/220/EEC.

SPECIFICATIONS FOR THE REFERENCE FUEL (DIESEL)

The reference fuel used is the one described in ANNEX IX, Section 2, of Directive 70/220/EEC.'

IMPACT ASSESSMENT FORM THE IMPACT OF THE PROPOSAL ON BUSINESS WITH SPECIAL REFERENCE TO SMALL AND MEDIUM-SIZED ENTERPRISES( SMEs)

Title of proposal

Proposal for a Directive of the European Parliament and of the Council amending Directive 97/24/EC on certain components and characteristics of two or three-wheel motor vehicles.

Document reference number

The proposal

1. Taking account of the principle of subsidiarity, why is Community legislation necessary in this area and what are its main aims-

Community competence in the sector of polluting emissions from motorcycles was established through the adoption of Directive 97/24/EC. This proposal amends Directive 97/24/EC to adopt more stringent emission limits, as was stipulated in Article 5 of the same Directive.

The main aim of the proposal is to reduce motorcycle emissions in order to help achieve future air quality objectives throughout the European Union. Furthermore, the proposal is integrated in a global Community strategy resulting from the AUTO-OIL II Programme, aiming at achieving air quality targets in a cost-efficient way for the Community as a whole. The proposal is fully coherent with the preliminary conclusions of the AUTO-OIL II Programme, showing considerable environmental benefits arising from the introduction of tighter emission standards for motorcycles.

The impact on business

2. Who will be affected by the proposal-

- which sectors of business Manufacturers of motorcycles and manufacturers of emission control after-treatment devices and systems

- which sizes of business (what is the concentration of small and medium-sized firms) The abovementioned manufacturers can be large companies, as well as small and medium-sized companies.

- are there particular geographical areas of the Community where these businesses are found These businesses are found throughout the European Community.

3. What will business have to do to comply with the proposal-

Manufacturers of motorcycles will have to undertake appropriate development work to apply aftertreatment technology, and/or re-design engines or develop new engine designs in order to comply with the more stringent emission limits. The proposal will not require the development of new emission control technology since the technology required is available today. While consumers may have to pay more for the purchase of new, less polluting motorcycles, any additional cost should be relatively low in comparison with the cost of a new motorcycle. Any additional cost is expected to fall as production increases.

4. What economic effects is the proposal likely to have-

- on employment The proposal is likely to have no effect on employment in the motorcycle industry as a whole. Increased demand for after-treatment technology will result in employment opportunities in this sector.

- on investment and the creation of new businesses Apart from some additional investment in the development of less polluting vehicles, there is likely to be no additional investment requirements. There is unlikely to be any new businesses created from these measures.

- on the competitiveness of businesses The competitiveness of European industry in the world market could be enhanced by the manufacture of less polluting engines which can be expected to be beneficial in securing business in third-country markets.

5. Does the proposal contain measures to take account of the specific situation of small and medium-sized firms (reduced or different requirements, etc)-

No. There is no need to provide for a specific derogation for small and medium-sized enterprises.

Consultation

6. List the organisations which have been consulted about the proposal and outline their main views.

ACEM (European motorcycle manufacturers Association)

The motorcycle industry have been involved from the earliest discussions regarding future measures on motorcycle emissions and regarding the development of a dedicated test cycle for motorcycles. They have been an important contributor and are, in general, supportive of the Commission's proposals.

MVEG (Motorvehicle Emissions Group - Commission Technical Working Group)

Other organisations such as AECC (Association for Emissions Control by Catalyst) and CLEPA, which are represented at MVEG, were also consulted.