Proposal for a European Parliament and Council Directive amending Directive 88/77/EEC on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from diesel engines for use in vehicles (94/C 389/18) (Text with EEA relevance) COM(94) 559 final - 94/312(COD)

(Submitted by the Commission on 19 December 1994)

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,

Whereas measures should be adopted within the framework of the internal market; whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured;

Whereas the first programme of action of the European Community on protection of the environment (3), 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 programme of action, 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 to effect a considerable reduction in the present level of pollutants emitted from motor vehicles;

Whereas the objective of reducing the level of pollutant emissions from motor vehicles and the establishment and operation of the internal market for vehicles cannot be adequately achieved by individual Member States and can therefore be better achieved by the approximation of the laws of the Member States relating to measures to be taken against air pollution by motor vehicles;

Whereas it is recognized that the development of transport in the Community has entailed significant constraints for the environment; whereas a certain number of official estimates of the increase in traffic density have proved to be lower than the actual figures; whereas for that reason stringent emission standards should be laid down for all motor vehicles;

Whereas Directive 88/77/EEC (5), as last amended by Directive 91/542/EEC (6), laid down the limit values for the emissions of carbon monoxide, unburnt hydrocarbons and nitrogen oxides from diesel engines for use in motor vehicles on the basis of a test procedure representative for European driving conditions for the vehicles concerned; whereas Directive 91/542/EEC provides for two stages, the first stage (1992/93) coinciding with the implementation dates of the new European emission standards for passenger cars; whereas the second stage (1995/96) established a longer-term guideline for the European motor industry by fixing limit values based on the expected performance of technologies still under development, whilst granting to industry a lead time for perfecting such technologies;

Whereas Article 5 (2) of Directive 91/542/EEC instructed the Commission to report to the Council before the end of 1993 on progress made regarding the availability of technologies for controlling air-polluting emissions from diesel engines, particularly those of less than 85 kW; whereas this report should cover also new statistical methods to monitor the conformity of production-arrangements for these vehicles; whereas in the light of this report, the Commission was instructed, if necessary, to submit a proposal to the Council for revising upwards the limit values for particulate emissions;

Whereas consultation with experts has demonstrated the feasibility of introducing new provisions on the conformity of products;

Whereas, on the other hand, the ambitious limit value for particulate emissions set in Directive 91/542/EEC for stage 2 cannot, at the present state of technology, be met by most small diesel engines of less than 85 kW by 1995; whereas a significant reduction in particulate emissions can nonetheless be achieved from October 1995 for those vehicles; whereas, for small diesel engines with a cylinder swept volume lower than 0,7 dm³ and a rated power speed higher than 3 000 min-1, the limit value for particulate emissions set in Directive 91/542/EEC should instead be introduced from 1999; whereas this additional time period will allow the industry to make the necessary changes to ensure compliance with the deferred limit value;

Whereas in order to encourage the early introduction of the lower particulate emission standards for diesel engines of less than 85 kW, Member States should be allowed to encourage, by means of tax incentives, the introduction of such vehicles which satisfy the requirements adopted at Community level; whereas such tax incentives must comply with the provisions of the Treaty and satisfy certain conditions intended to avoid distortions of the internal market; whereas the provisions of this Directive do not affect the Member States' right to include emissions of pollutants and other substances in the basis on which road traffic taxes on motor vehicles are calculated;

Whereas the prior notification requirement of this Directive is without prejudice to notification requirements under other provisions of Community law, and in particular Article 93 (3) of the Treaty,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 88/77/EEC is amended in accordance with the Annex to this Directive.

Article 2

Without prejudice to Article 3 of Directive 88/77/EEC, Member States may make provision for tax incentives in respect of the particulate emissions of small diesel engines for use in vehicles, as defined in the Annex to this Directive. Such incentives shall comply with the provisions of the Treaty and satisfy the following conditions:

- they shall apply to all new engines for use in vehicles offered for sale on the market of a Member State which comply in advance with the limit value of 0,15 g/kWh,

- they shall be terminated with effect from 30 September 2000, being the date of the mandatory application of the particulate limit values laid down in the Annex to this Directive for those engines,

- for each type of engine, they shall be for a lesser amount than the additional cost of the technical devices used to ensure compliance with the values set and of their installation in the vehicle.

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

Article 3

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 October 1995. They shall immediately inform the Commission thereof.

When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by 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 4

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.

Article 5

This Directive is addressed to the Member States.

(1) OJ No C 56, 26. 2. 1993, p. 34.

(2) OJ No C 201, 26. 7. 1993, p. 9.

(3) OJ No C 112, 20. 12. 1973, p. 1.

(4) OJ No C 138, 17. 5. 1993, p. 1.

(5) OJ No L 36, 9. 2. 1988, p. 33.

(6) OJ No L 295, 25. 10. 1991, p. 1.

ANNEX

Amendments to the Annexes to Directive 88/77/EEC, as amended by Directive 91/542/EEC

ANNEX I

Item 6.2.1: the following footnote (**) is added to the figure '0,15` of the last line of the table (B (1. 10. 1995)) last column (Mass of particulates (PT) g/kWh):

'(**) Until 30 September 1999 the value applied to the particulate emissions of engines having a cylinder swept volume of less than 0,7 dm³ and a rated power speed of more than 3 000 min-1, is 0,25 g/kWh.`

Item 8.3.1.1: the following footnote (**) is added to the figure '0,15` of the last line of the table (B (1. 10. 1995)), last column (Mass of particulates (PT) g/kWh):

'(**) Until 30 September 2000 the value applied to the particulate emissions of engines having a cylinder swept volume of less than 0,7 dm³ and a rated power speed of more than 3 000 min-1, is 0,25 g/kWh.`

Section 8 reads as follows:

'8. CONFORMITY OF PRODUCTION

8.1. Measures to ensure the conformity of production must be taken in accordance with the provisions of Article 10 of Directive 70/156/EEC. Conformity of production is checked on the basis of the description in the type-approval certificate set out in Annex VIII to this Directive.

If the authority is not satisfied with the auditing procedure of the manufacturer, then Section 2.4.2 and 2.4.3 of Annex X to Directive 70/156/EEC are applicable.

8.1.1. If emissions of pollutants are to be measured and an engine type approval has had one or several extensions, the tests will be carried out on the engine(s) described in the information package relating to the relevant extension.

8.1.1.1. Conformity of the engine for emissions of pollutants test.

After presentation to the authority, the manufacturer shall not undertake any adjustment to the engines selected.

8.1.1.1.1. If the production is not defined as a small series (*), three engines are randomly taken in the series and are subjected to the test referred to in Section 6.2. The limit values are given in paragraph 6.2.1. of this Annex.

8.1.1.1.2. If the authority is satisfied with the production standard deviation given by the manufacturer, according to Annex X to Directive 70/156/EEC, as amended by Directive 92/53/EEC, in so far as it applies to motor vehicles and their trailers, the tests are carried out according to Appendix 1 of this Annex.

If the authority is not satisfied with the production standard deviation given by the manfucturer according to Annex X to Directive 70/156/EEC, as amended by Directive 92/53/EEC, in so far as it applies to motor vehicles and their trailers, the tests are carried out according to Appendix 2 of this Annex.

At the manufacturer's request, the test can be carried out according to Appendix 3 of this Annex.

8.1.1.1.3. The production of a series is regarded as conforming or non-conforming, on the basis of a test of the engines by sampling, once a pass decision is reached for all the pollutants or a fail decision is reached for one pollutant, according to the test criteria applied in the appropriate appendix.

When a pass decision has been reached for one pollutant, this decision will not be changed by any additional tests made to reach a decision for the other pollutants.

If no pass decision is reached for all the pollutants and if no fail decision is reached for one pollutant, a test is carried out on another engine (see Figure 1.7).

At any time, the manufacturer may choose to stop testing if no decision is reached: a fail decision is then recorded.

Figure I.7

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8.1.1.2. The tests will be carried out on newly manufactured engines.

8.1.1.2.1. However, at the request of the manufacturer, the tests will be carried out on engines which have been run-in a maximum of 100 hours.

In this case, the running-in procedure will be conducted by the manufacturer who shall undertake not to make any adjustments to those engines.

8.1.1.2.2. When the manufacturer asks to conduct a running-in procedure: × hours where × ≤ (100) hours, it may be carried out on:

- all the engines that are tested, or

- the first engine tested,

with the determination of an evolution coefficient as follows:

- the pollutant emissions will be measured at zero and at "×" hours on the first tested engine,

- the evolution coefficient of the emissions between zero and "×" hours will be calculated for each pollutant:

>NUM>Emissions "×" hours >DEN>Emissions zero hour It may be less than 1.

- The subsequent test engines will not be subjected to the running-in procedure, but their "zero hour emissions" will be modified by the evolution coefficient.

In this case, the values to be taken will be:

- the values at "X" hours for the first engine,

- the values at zero hour multiplied by the evolution coefficient for the other engines.

8.1.1.2.3. All these tests may be conducted with commercial fuel. However, at the manufacturer's request, the reference fuels described in Annex IV may be used.

Appendix 1

1. This appendix describes the procedure to be used to verify the conformity of production requirements for the emissions of pollutants test when the manufacturer's production standard deviation is satisfactory.

2. With a minimum sample size of three the sampling procedure is set so that the probability of a lot passing a test with 30 % of the production defective is 0,90 (producer's risk = 10 %) while the probability of a lot being accepted with 65 % of the production defective is 0,1 (consumer's risk = 10 %).

3. For each of the pollutants given in paragraph 6.2.1 of Annex 1, the following procedure is used (see Figure I.7).

Let:

L = the natural logarithm of the limit value for the pollutant;

xi = the natural logarithm of the measurement for the i-th engine of the sample,

s = an estimate of the production standard-deviation (after taking the natural logarithm of the measurements);

n = is the current sample number.

4. Compute for the sample, the test statistic quantifying the sum of the standardized deviations to the limit and defined as:

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5. Then:

- if the test statistic is greater than the pass decision number for the sample size given in Table I.1.5, a pass decision is reached for the pollutant,

- if the test statistic is less than the fail decision number for the sample size given in Table I.1.5, a fail decision is reached for the pollutant,

- otherwise, an additional engine is tested according to paragraph 8.I.1.1. of Annex I and the procedure is applied to the sample with one unit more.

>TABLE>

Appendix 2

1. This appendix describes the procedure to be used to verify the conformity of production requirements for the emissions of pollutants test when the manufacturer's evidence of production standard deviation is either unsatisfactory or unavailable.

2. With a minimum sample size of three the sampling procedure is set so that the probability of a lot passing a test with 30 % of the production defective is 0,90 (producer's risk = 10 %) while the probability of a lot being accepted with 65 % of the production defective is 0,1 (consumer's risk = 10 %).

3. The measurements of the pollutants given in paragraph 6.2.1 of Annex 1 are considered to be log normally distributed and should first be transformed by taking their natural logarithms. Let m0 and m denote the minimum and maximum sample sizes respectively (m0 = 3 and m = 32) and let n denote the current sample number.

4. If the natural logarithm of the measurements in the series are x1, x2, . . ., xj and L is the natural logarithm of the limit value for the pollutant, then, define:

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5. Table I.2.5 shows values of the pass (An) and fail (Bn) decision numbers against current sample number. The test statistic is the ratio dn/Vn and shall be used to determine whether the series has passed or failed as follows:

for m0 ≤ n START OF GRAPHIC>

>END OF GRAPHIC>

6. Remarks.

The following recursive formulae are useful for computing successive values of the test statistic:

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>TABLE>

Appendix 3

1. This appendix describes the procedure to be used to verify, at the manufacturer's request the conformity of production requirements for the emissions of pollutants test.

2. With a minimum sample size of three the sampling procedure is set so that the probability of a lot passing a test with 30 % of the production defective is 0,90 (producer's risk = 10 %) while the probability of a lot being accepted with 65 % of the production defective is 0,1 (consumer's risk = 10 %).

3. For each of the pollutants given in paragraph 6.2.1 of Annex I, the following procedure is used (see Figure I.7).

Let:

L = the limit value for the pollutant;

xi = the value of the measurement for the i-th engine of the sample;

n = the current sample number.

4. Compute for the sample, the test statistic quantifying the number of non-comforming engines, i. e.x i > L.

5. Then:

- if the test statistic is less or equal to the pass decision number for the sample size given in Table I.3.5, a pass decision is reached for the pollutant,

- if the test statistic is greater or equal to the fail decision number for the sample size given in Table I.3.5, a fail decision is reached for the pollutant,

- otherwise, an additional engine is tested according to paragraph 8.1.1.1 of Annex I and the procedure is applied to the sample with one unit more.

In Table I.3.5 the pass and fail decision numbers are computed with the International Standard ISO 8422:1991.

>TABLE>

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