Opinion of the Economic and Social Committee on the "Proposal for a Directive of the European Parliament and of the Council amending Council Directive 70/220/EEC concerning measures taken against air pollution by emissions from motor vehicles"

(2001/C 139/01)

On 26 September 2000, the Council decided to consult the Economic and Social Committee, under Article 262 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for the Single Market, Production and Consumption, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 7 February 2001. The rapporteur was Mr Bagliano.

At its 379th plenary session (meeting of 28 February 2001) the Economic and Social Committee adopted the following opinion by 105 votes to one, with two abstentions.

1. Introduction

1.1. This draft directive ties in with the framework directive on the comprehensive type-approval of vehicles (Directive 70/156/EEC(1)), which defines the various vehicle categories that are then addressed in individual directives. This proposal refers to the following categories:

- "N1" vehicles - with a maximum mass (weight when empty + maximum technically admissible load) of under 3500 kg, designed exclusively for the transport of goods (vans and small lorries).

N1 category vehicles are divided into three classes, depending on their weight when empty:

- class I for vehicles with a weight when empty of under 1205 kg,

- class II for vehicles with a weight when empty of between 1205 kg and 1660 kg,

- class III for vehicles with a weight when empty of over 1660 kg.

- M1 vehicles - designed to carry under nine occupants, including the driver. In practice, a distinction is made between genuine passenger vehicles with a maximum of six seats, and vehicles, such as minibuses, that can carry up to nine occupants or weigh over 2500 kg.

Lorries and buses meanwhile fall within the N2 and N3, and M2 and M3 categories respectively.

1.2. Directive 70/220/EEC(2), as amended by Directive 98/69/EC (adopted by the Council on 13 October 1998), introduced emissions tests conducted at an ambient temperature of - 7 °C but applied only to passenger vehicles and N1, class 1 vehicles with positive-ignition engines (i.e. excluding vehicles equipped with diesel engines). It also gave the Commission a mandate to draft a new proposal to extend these tests to all M1 and N1 vehicle types, though still only those with positive-ignition engines, by 31 December 1999.

1.3. This extension was found to be necessary following the results of the Auto Oil programme, although updated Auto Oil figures estimate that in 2000 the vehicles concerned by this proposal were responsible for no more than 2,5 % of road transport-generated emissions of polluting substances. European sales volumes for these categories are very small as market preference is for their diesel-engine equivalents.

1.4. The Commission's current proposal extends the scope of the emissions tests conducted at an ambient temperature of - 7 °C to other vehicles, specifically:

- N1 class II and III vehicles, with positive-ignition engines;

- M1 vehicles, with positive-ignition engines, with a mass greater than 2500 kg or over six but under nine seats;

and sets limit values for CO and HC emissions, to be enforced from 1 January 2003.

1.5. Under the Commission proposal, vehicles that are equipped with positive-ignition engines but that are designed to run exclusively on gaseous fuels, such as LPG or natural gas, are exempt from these tests.

2. General comments

2.1. In the past, exhaust emission limit values only had to be met in laboratory tests after vehicles had been stationary for a minimum period of eight hours in a constant ambient temperature of between 20 and 30 °C. The laboratory also had to be kept between those two temperatures.

2.2. Exhaust catalysts, which were introduced for all vehicles with positive-ignition engines from 1992/93 onwards, significantly reduce the quantity of pollutants emitted. However, their efficiency level is practically zero when the vehicle is started and increases only slowly as the catalyst warms up to its optimum temperature, i.e. after travelling about 1 km. Moreover, when the ambient temperature is low, carburation needs to be concentrated to start the engine more easily and to ensure it is running properly when the vehicle begins to move.

2.3. In towns, passenger vehicles are usually used for short journeys. During cold seasons, therefore, the levels of pollutants released can be significantly higher than those indicated by exhaust emission data recorded using traditional testing procedures. The measures proposed by the Commission are therefore justified, in order to keep these increases within acceptable limits from both an environmental and a technological viewpoint.

2.4. In keeping with the commitment and care it has always shown with regard to the environment, the Committee warmly welcomed the decision (Directive 98/69/EC) to introduce low ambient temperature emission tests, using a driving cycle equivalent to a short urban journey, and the corresponding limit values, as a measure to complement the controls carried out at the conventional temperature of 20 to 30 °C.

The extension of this type of initiative to N1 and M1 vehicles in the higher weight classes, was therefore logical and necessary, with a view to moving closer to environmental targets, especially in urban areas.

2.5. The Committee believes that the technological solutions developed by the industry, to ensure passenger vehicles conform to the new rules on emissions at an ambient temperature of - 7 °C, are transferable to N1 vehicles of classes II and III and the heaviest M1 vehicles. As these categories of N1 vehicles usually have the same engine systems, it should be possible to implement the Commission proposal at sustainable costs, within the set deadlines.

2.6. The Committee, being aware of the problems of pollution in general and atmospheric pollution in particular and the consequent urgency of the situation, feels obliged to draw attention to the Commission's slowness in carrying out the mandate given by the European Parliament and the Council.

3. Specific comments

3.1. The Committee accepts that the limits proposed by the Commission for low ambient temperature tests stem from MVEG (Motor Vehicle Emission Group) expert recommendations and are based on data produced both by the industry and by independent laboratories. Furthermore, the limited contribution of these categories of vehicle to total pollutant emissions does not justify tougher limit values (see point 1.3).

3.2. The Committee also notes that the implementation date for these limits has been set at two years after the entry into force of the tougher limits on emissions at an ambient temperature of between 20 and 30 °C set by Directive 98/69/EC. The present Commission proposal is therefore in line with what has already been approved by the European Parliament and the Council for passenger vehicles and N1, class I vehicles under the above-mentioned directive.

3.3. The Committee agrees with the Commission that vehicles with positive-ignition engines but that are designed to run exclusively on gaseous fuels should be exempt from this type of test. Engines of this type do not require the concentrated carburation necessary for starting up traditional engines and running them until they warm up. The Committee also agrees with the definition of vehicles designed to run only on gaseous fuels. The distribution network for this type of fuel is as yet limited, however, making it advisable for these vehicles to carry a small petrol tank as well, for emergency use. Lastly, the Committee agrees with the Commission that where vehicles designed to run on either petrol or gaseous fuel are concerned, the low temperature tests should be conducted on the petrol-using engine only.

4. Conclusions

4.1. The Committee agrees on the need to extend this type of low ambient temperature test to vehicles that were initially excluded from Directive 98/69/EC (see point 1.4).

4.2. Furthermore, it recommends that the Commission pay close attention to new technology(3) developed to minimise the impact of transport on the environment, and promote research in the industry and in specialist institutes, while not forgetting alternative options, certain of which are already at an advanced stage of testing.

Brussels, 28 February 2001.

The President

of the Economic and Social Committee

Göke Frerichs

(1) OJ L 42, 23.2.1970, pp. 1-5.

(2) OJ L 350, 28.12.1998, p. 1.

(3) For instance, fuel cells that run on liquid fuel and/or hydrogen, and propulsion systems that combine electric and internal combustion engines.