17. 2. 88 Official Journal of the European Communities No C 44/5 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive amending Directive 78/1015/EEC on the approximation of 
the laws of the Member States relating to the permissible sound level and exhaust system of 
motorcycles 
COM(88) 6 final 
(Submitted by the Commission to the Council on 29 January 1988) 
(88/C 44/05) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100A 
thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
"Whereas it is important to adopt measures with the aim 
of progressively establishing the internal market over a 
period expiring on 31 December 1992; whereas the 
internal market shall comprise an area without internal 
frontiers in which the free movement of goods, persons, 
services and capital is ensured; 
Whereas Council Directive 78/1015/EEC 0), as last 
amended by Directive 87/56/EEC (2), lays down limits 
for the sound level of motorcycles and provisions 
governing exhaust systems fitted as original equipment to 
motorcycles; 
Whereas replacement exhaust systems very frequently 
differ from original equipment; whereas this situation 
therefore has, among other things, adverse effects on the 
sound emissions of motorcycles; whereas an EEC type-
approval procedure for such replacement devices, making 
it possible to establish that a type of device meets the 
technical requirements and checks laid down at 
Community level, is likely to be an adequate means of 
reducing the sound level of motorcycles in use and of 
affording the population additional protection against 
noise nuisances caused by such vehicles; 
O OJ No L 349, 13. 12. 1978, p. 21. 
O OJ No L 24, 27. 1. 1987, p. 42. Whereas, to that end, Directive 78/1015/EEC should be 
supplemented by provisions on exhaust systems as 
separate technical units in order to regulate such devices, 
in particular where they are sold and used as 
replacement parts, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 78/1015/EEC is hereby amended as follows: 
1. Article 2 is replaced by the following: 
Article 2 
For the purposes of this Directive: 
(a) "national type-approval" means the administrative 
procedure known as: 
— agreation par type/aanneming, in Belgian law 
— standardtypegodkendelse, in Danish law 
— allgemeine Betriebserlaubnis, in German law 
— reception par type, in French law 
— type-approval, in Irish law 
— omologazione or approvazione del tipo, in 
Italian law 
— agreation, in Luxembourg law 
— typegoedkeuring, in Dutch law 
— type-approval, in United Kingdom law 
No C 44/6 Official Journal of the European Communities 17. 2. 88 
— 6yKpicrr| ximou, in Greek law 
— homologacion de tipo, in Spanish law 
— aprovacao de marca e modelo, in Portuguese 
law. 
(b) "EEC type-approval of exhaust systems or 
components thereof as separate technical units" 
means the measure whereby a Member State 
established that a type of exhaust system or 
component thereof meets the technical 
requirements and successfully undergoes the 
checks set out in Annex II to this Directive.' 
2. In the second paragraph of Article 3(1), the reference 
to Annex II is replaced by a reference to Annex III. 
3. The following new Article 6a is inserted after Article 
6: 
'Article 6a 
Articles 3 to 6 shall apply, by analogy, to the EEC 
type-approval of exhaust systems or components 
thereof as separate technical units as defined in 
Article 2 (b). 
In such cases, the model certificate referred to in 
Article 3 shall be replaced by the model EEC type-
approval certificate set out in Annex IV and the 
modification of one of the components or charac­
teristics mentioned in Annex I, point 1.1, as referred 
to in Article 6, shall be replaced by the modification 
of one of the characteristics referred to in Annex I, 
points 1.3.1 to 1.3.4.' 
4. The Annexes are amended in accordance with the 
Annex to this Directive. 
Article 2 
1. From 1 October 1988: 
— Member States in which motorcycles or certain 
categories of motorcycle are subject to national type-approval shall, at the request of the manufacturer or 
his authorized agent, apply, as a basis for national 
type-approval, the harmonized technical require­
ments set out in Directive 78/1015/EEC, as amended 
by this Directive, in place of the corresponding 
national requirements, 
— Member States in which motorcycles or certain 
categories of motorcycle are not subject to national 
type-approval shall not refuse the registration or 
prohibit the sale, entry into service or use of such 
motorcycles on the grounds that the harmonized 
technical requirements of Directive 78/1015/EEC, as 
amended by this Directive, have been complied with 
instead of the corresponding national requirements. 
2. From 1 October 1989: 
— Member States shall no longer issue the certificate 
provided for in Article 3 (1) of Directive 
78/1015/EEC in respect of a type of motorcycle 
whose sound level and exhaust system do not comply 
with the provisions of the said Directive, as amended 
by this Directive. 
— Member States may refuse to grant national type-
approval in respect of a type of motorcycle whose 
sound level and exhaust system do not comply with 
the provisions of Directive 78/1015/EEC, as 
amended by this Directive. 
3. From 1 October 1990, Member States may prohibit 
the initial entry into service of motorcycles whose sound 
level and exhaust system do not comply with the 
provisions of Directive 78/1015/EEC, as amended by 
this Directive. 
Article 3 
Before 1 October 1988 Member States shall adopt and 
publish the provisions necessary to comply with this 
Directive. They shall forthwith inform the Commission 
thereof. 
They shall apply those provisions from 1 October 1988. 
Article 4 
This Directive is addressed to the Member States. 
17. 2. 88 Official Journal of the European Communities No C 44/7 
ANNEX 
Annex I is amended as follows: 
Points 3.4 to 3.4.3 are replaced by the following: 
'3.4. Fibrous absorbent material may be used in the construction of exhaust systems only if 
suitable devices ensure that the fibrous absorbent material is kept in place for the whole 
time that the exhaust system is being used and it meets the requirements of any one of 
points 3.4.1, 3.4.2 or 3.4.3 below: 
3.4.1. After removal of the fibrous material, the sound level must comply with the requirements 
of point 2.1.1. 
3.4.2. The fibrous absorbent material shall not be placed in those parts of the exhaust system 
through which the gases pass and the material shall comply with the following 
requirements: 
3.4.2.1. The material shall be heated at a temperature of 650 ± 5°C for four hours in a furnace 
without reduction in average length, diameter or bulk density of the fibre. 
3.4.2.2. After heating at 650 ± 5°C for one hour in a furnace, at least 98 % of the material shall 
be retained in a sieve of nominal aperture size 250 um complying with ISO standard 
3310/1 when tested in accordance with ISO standard 2599. 
3.4.2.3. The loss in weight of the material shall not exceed 10,5 % after soaking for 24 hours at 
90 ± 5°C in a synthetic condensate of the following composition: 
1 N hydrobromic Acid (HBr): 10 ml 
1 N sulphuric Acid (H2S04): 10 ml 
distilled water to make up to 1 000 ml. 
NOTE: The material should be washed in distilled water and dried for one hour at 105 °C 
before weighing. 
3.4.3. Before the system is tested in accordance with point 2.1 of this Annex, it must be put into a 
normal state for road use by one of the following conditioning methods: 
3.4.3.1. Conditioning by continuous road operation 
3.4.3.1.1. The minimum distances to be completed by motorcycles during conditioning are: 
Class 
Two-stroke motorcycles 
Four-stroke motorcycles: 
— not exceeding 250 cm5 
— not less than 250 cm3 Distance (km) 
4 000 
6 000 
8 000 
3.4.3.1.2. 50% ± 10% of this operation shall consist of town driving and the remainder shall 
consist of long-distance runs at high speed; continuous road operation may be replaced by 
a corresponding test-track programme. 
3.4.3.1.3. The two speed regimes must be alternated on at least six occasions. 
3.4.3.1.4. The complete test programme must include a minimum of 10 breaks of at least three hours 
duration in order to reproduce the effects of cooling and any condensation that may occur. 
3.4.3.2. Conditioning by pulsation 
No C 44/8 Official Journal of the European Communities 17. 2. 88 
3.4.3.2.1. The exhaust system or components thereof must be fitted to the motorcycle or the engine. 
In the former case the motorcycle must be mounted on a roller dynamometer. In the 
second case, the engine must be mounted on a test bench. 
The test apparatus, a detailed diagram of which is shown in Figure 1, must be fitted at the 
outlet of the exhaust system. Any other apparatus providing equivalent results is acceptable. 
3.4.3.2.2. The test apparatus must be regulated in such a way that the flow of exhaust gas is inter­
rupted and re-started, alternatively, 2 500 times by a quick-acting valve. 
3.4.3.2.3. The valve must open when the exhaust gas back pressure, measured at least 100 mm down­
stream of the intake flange, reaches a value of between 0,35 and 0,40 bar. Where, because 
of the engine characteristics, such a value cannot be reached, the valve must be open when 
the gas back pressure reaches a level equivalent to 90 % of the maximum that can be 
measured before the engine stops. It must close when this pressure does not differ by more 
than 10 % from its stabilized value with the valve open. 
3.4.3.2.4. The time-delay switch must be set for the duration of gas exhaust resulting from the 
provisions laid down in point 3.4.3.2.3 above. 
3.4.3.2.5. Engine speed must be 75 % of the speed (S) at which the engine develops maximum 
power. 
3.4.3.2.6. The power indicated by the dynamometer must be 50 % of the full-throttle power 
measured at 75 % of engine speed (S). 
3.4.3.2.7. Any drain holes must be closed off during the test. 
3.4.3.2.8. The entire test must be completed within 48 hours. If necessary, one cooling period will be 
observed after each hour. 
3.4.3.3. Conditioning on a test bench 
3.4.3.3.1. The exhaust system shall be fitted to an engine representative of the type fitted in the 
motorcycle for which the system is designed, and mounted on a test bench. 
3.4.3.3.2. Conditioning shall consist of the specified number of test bench cycles for the class of 
motorcycle for which the exhaust system is intended. The number of cycles for each class 
of vehicle shall be: 
Class 
Two-stroke motorcycles 
Four-stroke motorcycles: 
— not exceeding 250 cm1 
— not less than 250 cm3 Number of cycles 
6 
9 
12 
3.4.3.3.3. Each test bench cycle shall be followed by a break of at least six hours in order to 
reproduce the effects of cooling and any condensation that may occur. 
3.4.3.3.4. Each test bench cycle shall consist of six phases. The engine conditions for and the 
duration of each phase shall be: 
17. 2. 88 Official Journal of the European Communities No C 44/9 
Phase 
1 
2 
3 
4 
5 
6 Conditions 
Idling 
25 % load at 75- % of S 
50 % load at 75 % of S 
100 % load at 75 % of S 
50 % load at 100 % of S 
25 % load at 100% of S 
Time Minimum duration of phase 
Engines of less 
than 250 cm3 
6 
40 
40 
30 
12 
22 
2,5 hours Engines of not 
less than 250 cm5 
6 
50 
50 
10 
12 
22 
2,5 hours 
3.4.3.3.5. During this conditioning procedure, at the request of the manufacturer, the engine and 
exhaust system may be cooled in order that the temperature recorded at a point not more 
than 100 mm from the exhaust port outlet does not exceed that measured when the 
motorcycle is running at HOkm/h or 75% of S in top gear. The engine and/or 
motorcycle speed is determined to within ± 3 %. 
Figure 1 
Test apparatus for conditioning by pulsation 
10 Hg> 
0 1 Q ®-=4s^U 
y( 0 50 
9) ± 5 mm 
< 1 m < 1 m /, 
optional 
1. Inlet flange or sleeve for connection to the rear of the test exhaust system. 
2. Hand-operated regulating valve. 
3. Compensating reservoir with a capacity of 35 to 40 litres. 
4. Pressure switch with an operating range of 0,05 to 2,5 bar. 
5. Time-delay switch. 
6. Pulse counter. 
7. Quick-acting valve, such as exhaust brake valve 60 mm in diameter, operated by a 
pneumatic cylinder with an output of 120 N at 4 bar. The response time, both when 
opening and closing, must not exceed 0,5 second. 
No C 44/10 Official Journal of the European Communities 17. 2. 88 
8. Exhaust gas evacuation. 
9. Flexible pipe. 
10. Pressure gauge.' 
The following new Annex II is inserted after Annex I: 
'ANNEX II 
EEC TYPE-APPROVAL OF REPLACEMENT EXHAUST SYSTEMS 
AS SEPARATE TECHNICAL UNITS 
0. SCOPE 
This Annex applies to the EEC type-approval, as separate technical units within the meaning 
of Article 2 (b) of this Directive, of exhaust systems or components thereof intended to be 
fitted to one or more types of motorcycle as replacement parts. 
1. DEFINITION 
1.1. "Replacement exhaust system or component thereof" means any exhaust system component 
as defined in point 1.2 of Annex I intended to be fitted to a motorcycle to replace that of the 
type equipping the motorcycle when the certificate provided for in Article 3 was issued. 
2. APPLICATION FOR EEC TYPE-APPROVAL 
2.1. Applications for the EEC type-approval of replacement exhaust systems or components 
thereof as separate technical units shall be submitted by the manufacturer of the motorcycle, 
the manufacturer of the device or their respective agents. 
2.2. For each type of replacement exhaust system or component thereof for which EEC type-
approval is requested, the request for type-approval shall be accompanied by the following 
documents and particulars in triplicate: 
2.2.1. Description, in respect of the characteristics referred to in point 1.1 of Annex I, of the type(s) 
of motorcycle for which the device(s) or component(s) is/are intended. 
The numbers and/or symbols specific to the type of engine and motorcycle shall be given. 
2.2.2. Description of the replacement exhaust system stating the relative position of each component 
thereof, together with the fitting instructions. 
2.2.3. Detailed drawings of each component in order to ease their location and identification, and 
statement of materials used. These drawings must indicate the intended location of the 
mandatory EEC type-approval number. 
2.3. The applicant shall submit, at the request of the technical authority: 
2.3.1. Two samples of the device for which EEC type-approval is requested. 
2.3.2. An exhaust system identical to that originally fitted to the motorcycle when the certificate 
provided for in Article 3 was issued. 
2.3.3. A motorcycle representative of the type to which the replacement exhaust system is to be 
fitted which is in such a condition that, when fitted with an exhaust system of the same type 
as when it was first manufactured, it meets the requirements of either of the following two 
points: 
2.3.3.1. If it is of a type which has been granted type-approval in pursuance of Directive 
78/1015/EEC, it does not exceed by more than 3 dB (A) during the moving test the value 
obtained when the certificate referred to in Article 3 was issued and does not exceed by more 
than 1 dB (A) the limit value laid down in point 2.1.1.1 of Annex I which applied to that type 
of motorcycle when it was type-approved. 
2.3.3.2. If it is not of a type which has been granted type-approval, it does not exceed by more than 1 
dB (A) the limit value laid down in point 2.1.1.1 of Annex I which would have applied to that 
type of motorcycle when it was first put into service. 
17. 2. 88 Official Journal of the European Communities No C 44/11 
2.3.4. A separate engine which is identical to that fitted to the motorcycle referred to above, where 
the competent authorities consider it necessary. 
MARKINGS 
3.1. The replacement exhaust system or components thereof, but not the mounting parts and 
pipes therefor, must bear: 
3.1.1. The factory or trade mark of the manufacturer of the replacement exhaust system and its 
components. 
3.1.2. The trade name given by the manufacturer. 
3.1.3. The EEC type-approval number preceded by the distinctive letter or letters of the country 
having granted EEC type-approval ('). 
The height and width of these figures and letters shall be not less than 5 mm and 3 mm 
respectively. The following example is given for guidance: 
P 007 5 mm 
•3 mm 
3.2. These marks shall be clearly legible and indelible. 
3.3. A component may bear several type-approval numbers if it has been type-approved as a 
component of several replacement exhaust systems. 
3.4. The replacement exhaust system shall be supplied with packaging or labelling which shall 
bear: 
3.4.1. The trade mark or trade name of the manufacturer of the replacement exhaust system and its 
components. 
3.4.2. The address of the manufacturer or his agent. 
3.4.3. A list of the motorcycle models to which the replacement exhaust system is intended to be 
fitted. 
3.5. The manufacturer shall supply the following: 
3.5.1. Instructions describing in detail the correct methods of attachment to the motorcycle. 
3.5.2. Instructions for maintenance of the exhaust system. 
3.5.3. A list of component parts with the corresponding part numbers, excluding fixing hardware. 
(l) B: Belgium, D: Federal Republic of Germany, DK: Denmark, E: Spain, EL: Greece, F: France, I: Italy, IRL: Ireland, 
L: Luxembourg, NL: Netherlands, P: Portugal, UK: United Kingdom. 
^ooe^Br^ ^hc^i]o^rn^loftri^E^ro^^n0^ornmUninc^ t^^^ 
^t ^O^TV^^^^roVAL 
^1 ^here an applicationwithmthe meamngof pomt21 is accepted^ thecompetent authority 
shall prepareacertificate corresponding to the model shown in Annex LV The type-approval 
number mustbeprecededby the distinctive letter or letters of the country havinggranted 
^Ctype-approval 
5 ^^eim^Ameo^5 
51 ^^^^c^^^^ 
The replacement exhaust system must be designed^ constructed and capable of being 
mountedsuchthat 
511 Themotorcyclecomphes with theprovisions of this tOirectiveundernormalconditionsof 
use^andinparticular regardless of any vibrations towhichit may besub^ected 
512 tt displays reasonable resistance to the corrosion phenomena to which it is exposed^with due 
regard to thenormal conditions of useof the motorcycle 
513 The ground clearance provided by the original exhaust systems and the possible inclined 
positionof themotorcycle^ arenot reduced 
51^ Onduly high temperatures do not exist at the surface 
515 Its edges are not sharp or ragged 
51^ adequate clearance of spring parts is provided 
51B safety clearance of lines is provided 
51^ It is short resistant in a way that is compatible with clearly-defined maintenance and 
installationrequirements 
52 ^o^c^^^r^^^^ 
521 The acoustic efficiency of the replacement exhaust system or component thereof shall be 
checkedmaccordancewiththemethods described in pomts212^213^21^and215of 
Annexr 
^f the replacement exhaust system or component thereof is fitted to the motorcycle referred 
to in point 233 of this ^nnex^ the sound level values obtained in accordance with the 
motorcyclemmotionshallmeetthefollowingcondition 
5211 It shall not exceed the sound level values measured on the same motorcycle as that referred 
to in point233where fitted with an exhaust system ofatype fitted to the motorcycle when 
the certificate provided for in ^rticle3 was issued 
53 (O^c^^^^r^cvc^^^^^c^ 
531 Thereplacement exhaust system must besuch as to ensurethat motorcycle performances 
comparable to that achieved with the original-equipment exhaust system or component 
thereof 
532 The replacement exhaust system must be compared with the original-equipment exhaust 
system^whichisalsoinnewcondition^fittedinturntothemotorcyclereferredtoinpomt 
233 
533 This check shall be carried out by measuring the engine power curve in accordance with 
point53^below The curve measured with the replacement exhaust system shall not diverge 
fromthecurvemeasuredwiththe original-equipment exhaust systemby more than5^Bo on 
either side 
53^t engine test method 
The measurements shall be carried out on the engine referred to in pomt23^of this ^.nnex 
or^ where the latter is not available^ on the engmeof the motorcycle referred tompomt 
233^installedmbothcasesonadynamometer test bed maccordance with t^COstandard 
^tlOD 
17. 2. 88 Official Journal of the European Communities No C 44/13 
5.4. Additional provisions relating to replacement exhaust systems containing fibrous material 
Fibrous material may be used in the construction of replacement exhaust systems only if the 
requirements set out in point 3.4 of Annex I are met. 
6. CONFORMITY OF PRODUCTION 
6.1. All replacement exhaust systems bearing an EEC type-approval number in pursuance of this 
Directive shall conform to the exhaust system type that has been approved and shall meet the 
requirements of point 5 above. 
6.2. In order to check the conformity required in point 6.1 above, a sample exhaust system 
bearing the EEC type-approval number shall be taken from the production run. The 
production run shall be considered to comply with the provisions of this Directive if the 
sound levels measured in accordance with point 5.2 do not exceed by more than 1 dB (A) the 
level measured during the EEC type-approval of that type of exhaust system.' 
No C 44/14 Official Journal of the European Communities 17. 2. 88 
Former Annex II becomes Annex III. 
The following new Annex IV is inserted after Annex III: 
'ANNEX IV 
MODEL 
Maximum size: A4 (210 x 297 mm) 
Name of 
administration 
CERTIFICATE OF EEC TYPE-APPROVAL OF A REPLACEMENT MOTORCYCLE 
EXHAUST SYSTEM AS A SEPARATE TECHNICAL UNIT 
Separate technical unit: replacement exhaust system 
EEC type-approval number of the separate technical unit ('): 
1. Trade mark or trade name: 
2- Type: 
3. Manufacturer's name and address: 
4. Where applicable, name and address of the manufacturer's authorized agent: 
5. Composition of the separate technical unit: 
6. Trade mark or trade name of the type(s) of motorcycle to which the exhaust system is to be 
fitted (2): 
7. Type(s) of motorcycle ranging from serial No: 
8. Engine: 
8.1. Type (positive ignition, diesel): 
8.2. Cycles: two-stroke, four-stroke: 
8.3. Total cylinder capacity: 
8.4. Rated maximum engine power (3): kW at rev/min 
(') Preceded by the distinctive letter or letters of the country granting type-approval: 
B: Belgium, D: Federal Republic of Germany, DK: Denmark, E: Spain, EL: Greece, F: France, I: Italy, 
IRL: Ireland, L: Luxembourg, NL: Netherlands, P: Portugal, UK: United Kingdom. 
(2) If several types are indicated, items 7 to 14 inclusive must be completed in respect of each type. 
(5) Determined in accordance with ISO standard 4106. 
17. 2. 88 Official Journal of the European Communities No C 44/15 
9. Number of gear ratios: 
10. Gear ratios employed: 
11. Drive-axle ratio(s): 
12. Sound-level values: 
— moving vehicle dB (A), speed stabilized before acceleration at km/h 
13. Any restrictions in respect of use and mounting requirements: 
14. Date on which the model was submitted for EEC type-approval as a separate technical unit: 
15. Technical authority: 
16. Date of the test report issued by that technical authority: 
17. Number of test report issued by that technical authority: 
18. EEC type-approval of the separate technical unit is hereby granted/refused (*): 
19. Place: 
20. Date: 
21. Signature: 
22. The following documents bearing the abovementioned type-approval number of the separate 
technical unit in question are attached to this Annex (to be completed if necessary): 
23. Remarks: 
(*) Delete where inapplicable.'