COMMON POSITION (EC) No 27/98 adopted by the Council on 23 March 1998 with a view to adopting Directive 98/. . ./EC of the European Parliament of . . . and of the Council 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 (98/C 161/04)

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 action programme 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 action programme 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/EEC (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 Directive 88/436/EEC (12); whereas more stringent European standards for emissions of gaseous pollutants from motor vehicles below 1 400 cm³ were introduced by 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 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 those for passenger cars, taking into account the specific conditions of these vehicles; whereas Directive 98/. . ./EC of the European Parliament and of the Council laid down more stringent pollutant standards for passenger cars in the framework of the European programme on air quality, road traffic emissions, fuels and engine technologies, hereinafter referred to as 'the Auto/Oil Programme`;

(4) Whereas the Auto/Oil Programme addressed also the question of pollutant emissions by light commercial vehicles; whereas it is therefore appropriate to extend the provisions of Directive 98/. . ./EC to such vehicles;

(5) Whereas a cost/effectiveness study within Auto/Oil Programme has shown that a further improvement of vehicle anti-pollution technology is necessary with a view to achieving, in the year 2010, the air-quality objectives described in the communication by the Commission on that Programme;

(6) Whereas the 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-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 polluted areas;

(7) Whereas extension of the present durability provisions will be considered in the context of the Auto/Oil II Programme; whereas, when that extension is considered, account should be taken of the fact that light commercial vehicles used for commercial purposes have longer useful lives than other light commercial vehicles;

(8) 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 and petrol-driven light commercial vehicles, 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 for direct injection diesel passenger cars, and a reduction of 20 % in nitrogen oxides, 65 % in hydrocarbons, 40 % in carbon monoxide and 35 % in particulates for diesel light commercial vehicles) have been identified as key measures for achieving sufficient medium-term air quality; whereas these reductions have been applied to hydrocarbons and nitrogen oxides with the assumption that nitrogen oxides represent respectively 45 % and 80 % of the weight of the combined value measured for petrol/diesel vehicles complying with Directive 94/12/EC and Directive 96/69/EC respectively; 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`);

(9) Whereas Commission Directive 96/44/EC (18) brought the test conditions of Directive 70/220/EEC into line with those of Council Directive 80/1268/EEC of 16 December 1980 relating to the carbon dioxide emissions and the fuel consumption of motor vehicles (19), in particular as far as the relationship between the reference mass of the vehicle and the equivalent inertia which is to be used is concerned; whereas it is now appropriate to align the reference mass definitions of vehicles of category N1 classes I, II and III with those of Directive 96/44/EC;

(10) Whereas Article 5 of Directive 70/220/EEC lays down that the amendments which are necessary to adapt the requirements of the Annexes to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC (20); whereas in the meantime several other Annexes have been added to the Directive and it is essential that all Annexes to Directive 70/220/EEC can be adapted to technical progress in accordance with the said procedure;

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

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 98/. . ./EC shall be amended as follows:

1. Article 1 shall be replaced by the following:

'Article 1

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

1. in Article 5, "Annexes I to VII" shall be replaced by "Annexes I to XI";

2. the Annexes shall be amended in accordance with the Annex to this Directive.`;

2. Article 2 shall be replaced by the following:

'Article 2

1. Subject to Article 6, with effect from . . . (*), 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 pursuant to Article 7 of Directive 70/156/EEC,

if the vehicles comply with the requirements of Directive 70/220/EEC, as amended by this Directive.

2. Subject to Article 6, with effect from 1 January 2000 for vehicles in category M, as defined in Annex II, Section A, to Directive 70/156/EEC - except vehicles the maximum mass of which exceeds 2 500 kg - for vehicles in category N1 class I, and, with effect from 1 January 2001, for vehicles in category N1 classes II and III, as defined in the table in section 5.3.1.4 of Annex I to Directive 70/220/EEC, and for vehicles in category M the maximum mass of which exceeds 2 500 kg, 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 recourse is had to Article 8(2) of Directive 70/156/EEC,

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 rows A and C of the table in section 5.3.1.4 of Annex I to Directive 70/220/EEC shall be used.

3. With effect from 1 January 2001 for vehicles in category M - except vehicles the maximum mass of which exceeds 2 500 kg - for vehicles in category N1 class I, and, with effect from 1 January 2002, for vehicles in category N1 classes II and III, as defined in the table in section 5.3.1.4 of Annex I to Directive 70/220/EEC, and for vehicles in category M the maximum mass of which exceeds 2 500 kg, Member States shall:

- consider certificates of conformity which accompany new vehicles in accordance with 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 recourse is had to Article 8(2) of that Directive,

on grounds relating to air pollution by emissions, if the vehicles fail to comply with Directive 70/220/EEC, as amended by this Directive.

For the type I test, the limit values set out in rows A and C of the table in section 5.3.1.4 of Annex I to Directive 70/220/EEC shall be used.

4. Until 1 January 2003, vehicles in category M1 fitted with compression ignition engines the maximum mass of which exceeds 2 000 kg and which are

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

- off-road vehicles as defined in Annex II to Directive 70/156/EEC,

shall be considered, for the purposes of paragraphs 2 and 3, as vehicles in category N1.

5. Member States shall:

- consider as no longer valid the certificates of conformity for vehicles approved in accordance with footnote 1, as amended by footnotes 2 and 3, to the table in section 5.3.1.4 of Annex I to Directive 70/220/EEC as inserted by Directive 96/69/EC, and

- refuse the registration, sale or entry into service of new vehicles

(a) with effect from 1 January 2001, for vehicles in category M1 and in category N1, class I, except vehicles designed to carry more than six occupants including the driver, and vehicles the maximum mass of which exceeds 2 500 kg, and

(b) with effect from 1 January 2002, for vehicles in category N1, classes II and III, vehicles designed to carry more than six occupants including the driver, and vehicles the maximum mass of which exceeds 2 500 kg.

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

(*) Nine months after this Directive enters into force.`;

3. the fourth subparagraph of Article 3 shall be replaced by the following:

'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, rows B and D, 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.`;

4. Article 5 shall be replaced by the following:

'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 vehicles offered for sale on the market of a Member State which comply in advance with the mandatory limit values set out in rows 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, and thereafter as from 1 January 2000 for vehicles in category M1 and in category N1 class I, and, with effect from 1 January 2001, for vehicles in category N1 classes II and III, which comply with the indicative limit values set out in rows 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 2(3) for new motor vehicles, or by 1 January 2005 in the case of the indicative limit values set out in rows 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 2(3), or the indicative limit values set out in rows 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 in sufficient time of any plans to institute or change the incentives referred to in the first subparagraph so that it can submit its observations.`;

5. the Annex shall be amended as follows:

(a) in point 10, figure 1.5.2 shall be replaced by the following:

'>TABLE>

`;

(b) point 13 shall be replaced by the following:

'13. Section 5.3.1.4:

- A new table, to read as follows, shall be inserted after the first paragraph:

">TABLE>

";

- The first line of the present table relating to vehicles of category M shall be deleted.`

(c) under point 14, section 5.3.5.1 shall read as follows:

'5.3.5.1. This test must be carried out on all M1 and N1 class I vehicles equipped with positive-ignition engines, except vehicles designed to carry more than six occupants and vehicles the maximum mass of which exceeds 2 500 kg.`;

(d) under point 20, sections 7.1.1 and 7.1.2, the footnote shall be amended to read as follows:

'(1) Sections 7.1.1 and 7.1.2 will be re-examined and supplemented without delay in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC, while taking account of the particular problems associated with vehicles in category N1 and with the vehicles in category M referred to in footnote 2 to the table in section 5.3.1.4. Proposals must be submitted in good time for their adoption before the dates laid down in Article 2(3).`;

(e) in point 24, section 8 shall be replaced by the following:

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

8.1. Vehicles in categories M1 and N1 equipped with positive-ignition engines must be fitted with on-board diagnostic (OBD) systems for emission control in accordance with Annex XI.

8.2. Vehicles in categories M1 and N1 equipped with compression-ignition engines must, from 1 January 2005, be fitted with on-board diagnostic (OBD) systems for emission control in accordance with Annex XI. Where compression-ignition engined vehicles entering into service before that date are fitted with OBD systems, sections 6.5.3 to 6.5.3.5 of Annex XI, Appendix 1, shall apply.

8.3. Vehicles in other categories

Vehicles in other categories or vehicles in categories M1 and N1, not covered by 8.1 or 8.2, may be fitted with on-board diagnostic systems. In that event sections 6.5.3 to 6.5.3.5 of Annex XI, Appendix 1, shall apply.`;

(f) under point 37, section 2.1.1 shall be replaced by the following:

'2.1.1. This section deals with the equipment needed for low ambient temperature exhaust emission tests on positive-ignition vehicles. Equipment required and specifications are equivalent with the requirements for the type I test as specified in Annex III, with appendices, if specific requirements for the Type VI test are not prescribed. Sections 2.2 to 2.6 describe deviations applicable to type VI low ambient temperature testing.`;

(g) under point 42, section 3.3.2 shall be replaced by the following:

'3.3.2. The OBD system must indicate the failure of an emission-related component or system when that failure results in an increase in emissions above the limits given in the table below:

>TABLE>

`.

Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before (21). 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 reference shall be laid down by the Member States.

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 day 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

The President

For the Council

The President

(1) OJ C 106, 4.4.1997, p. 6.

(2) OJ C 206, 7.7.1997, p. 113.

(3) Opinion of the European Parliament of 18 February 1998 (OJ C 80, 16.3.1998), Council common position of 23 March 1998 and Decision of the European Parliament of . . . (not yet published in the Official Journal).

(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/EC 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 210, 20.8.1996, p. 25.

(19) OJ L 375, 31.12.1980, p. 36. Directive as last amended by Commission Directive 93/116/EC (OJ L 329, 30.12.1993, p. 39).

(20) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 97/27/EC of the European Parliament and of the Council (OJ L 233, 25.8.1997, p. 1).

(21) Nine months after this Directive enters into force.

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 29 August 1996 the Commission submitted a proposal, based on Article 100a of the EC Treaty, relating to measures to be taken against air pollution by emissions from motor vehicles (passenger cars) and amending Directives 70/156/EEC and 70/220/EEC.

2. The European Parliament delivered its opinion on 10 April 1997.

3. The Economic and Social Committee delivered its opinion on 27 April 1995.

4. On 7 October 1997, the Council adopted a common position on the Commission proposal in accordance with Article 189b of the Treaty.

5. On 27 February 1997, the Commission had submitted an amended proposal for a Directive relating to measures concerning light commercial vehicles to be incorporated into that Directive. However, in view of the urgent need to have the measures concerning passenger cars in place at the earliest possible date, both the Council and the European Parliament considered that the amended proposal should be dealt with as a separate exercise. Thus the European Parliament did not take account of the amended proposal in its opinion in first reading; the Council, for its part, did not take account of the amended proposal in its common position of 7 October 1997 and expressed its intention to adopt a common position on the amended proposal at a later stage (see OJ C 351, 19.11.1997, p. 64, point 5, first subparagraph).

6. The European Parliament delivered its opinion in first reading on the amended proposal on 18 February 1998 putting forward one amendment. That amendment was not accepted by the Commission.

7. On 23 March 1998, the Council adopted a common position on the Commission's amended proposal in accordance with Article 189b of the Treaty.

II. OBJECTIVE

8. The objective of the Commission's amended proposal is to extend the measures relating to passenger cars, adopted in the common position, to light commercial vehicles (international category N1).

The proposal mirrors the directive on passenger cars except with regard to the timetable for the implementation of the proposed measures. The limit values for category N1, class I vehicles correspond with those for passenger cars. The limit values for category N1, class II and III vehicles represent a proportional reduction compared to the values set down in Directive 96/69/EC. Provisions relating to on-board diagnostic systems (OBD) and to in-use compliance are largely modelled on those established for passenger cars.

III. ANALYSIS OF THE COMMON POSITION

9. Preliminary comment

In establishing a common position on the amended proposal, the Council has structured the text in such a way that it could be merged into the text of the Directive relating to passenger cars, failing which it would need to constitute an amendment to that Directive.

10. Enacting terms

(a) Recitals

A new recital (recital 7) has been added concerning the future consideration of durability provisions.

(b) Article 1, point 2 ('Article 2`)

Article 2 follows the corresponding article in the Directive on passenger cars containing provisions on the various administrative steps relating to the granting of type-approval and the validity of type-approval certificates. It was noted during the technical proceedings that certain types of vehicles in category M (vehicles whose maximum mass exceeds 2 500 kg, and vehicles having a maximum mass of more than 2 000 kg which are fitted with diesel engines and which are either designed to carry more than six occupants including the driver, or which are off-road vehicles) would be unable to meet the deadlines laid down in Article 2. The Council has therefore introduced derogations for those types of vehicles. Under the terms of paragraphs 2 and 3 and the new paragraph 4 of Article 2, such vehicles will thus qualify for a one-year extension of the deadline.

(c) Article 1, point 5(a)

In Article 1, point 5(a) (point 6 in the Commission proposal) the table (1.5.2) in Annex I to Directive 70/220/EEC containing details of the different tests to be carried out in order to obtain or extend type-approval has been amended to align it with the Directive on passenger cars by adding a type VI test (low temperature) and extending it to category N1 class I vehicles with positive ignition engines (see also Article 1, point 10 of the common position). Furthermore on-board diagnostic (OBD) provisions have been extended to all Category N1 vehicles (see also Article 1, point 12 of the common position) but at a later date for implementation for compression ignition engine vehicles. Finally two notes have been added, stating that the Commission shall, on the one hand, make proposals concerning limit values for the type VI test to cover vehicles of category N1 classes II and III with effect from the year 2003, and, on the other hand, consider the question of maintaining the extension of type-approval to certain vehicles of categories M2 and N2.

(d) Article 1, point 5(b)

In Article 1, point 5(b) (point 7 in the Commission proposal), with regard to the table in section 5.3.1.4 containing the emissions limit values, the Council has broadly endorsed the Commission's proposal. It has, however, introduced stricter limit values for particulate emissions for the year 2000 for vehicles of category N1, classes II and III. Those stricter limit values, 0,07 and 0,10 g/km respectively, correspond to values contained in the amendment put forward by the European Parliament. Furthermore, the vehicle reference masses in the table have been updated to take account of the values contained in Directive 96/44/EC.

(e) Article 1, point 5(g)

In Article 1, point 5(g) (point 9b in the Commission proposal) the Council has retained, in table 3.3.2, only the values proposed by the Commission for the year 2000, believing that it is not technically feasible at this stage to determine the values to be applied from the year 2005.