Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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 compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (Recast version)

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. OBJECTIVE OF THE PROPOSAL

As requested in Articles 4 to 7 of Council Directive 88/77/EEC [1], as amended by European Parliament and Council Directive 1999/96/EC [2], the objective of the proposal is to strengthen Community requirements aimed at limiting polluting emissions from new heavy-duty engines for use in vehicles through the introduction of:

[1] OJ L 36, 9.2.1988, p. 33.

[2] OJ L 44, 16.2.2000, p. 1.

- new technical requirements and procedures for assessing the durability of heavy-duty engine emission control systems over periods of defined useful life;

- new technical requirements and procedures for assessing the in-service conformity of heavy-duty engine emission control systems over defined useful life period appropriate for the vehicle in which the engine is installed; and

- new technical requirements for on-board diagnostic (OBD) systems for new heavy-duty vehicles and engines.

These requirements are presently governed by Directive 88/77/EEC, as last amended by Commission Directive 2001/27/EC [3].

[3] OJ L 107, 18.4.2001, p. 10.

The Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions having the title "updating and simplifying the Community acquis" [4] identifies, as a priority area for simplification of Community legislation, the type-approval system for motor vehicles. The modernisation of Directive 88/77/EEC is specifically listed in the Commission work programme.

[4] COM (2003) 71 final, 11.2.2003.

Directive 88/77/EEC has undergone four amendments and Council Directive 91/542/EEC of 1 October 1991 [5] and European Parliament and Council Directive 1999/96/EC [6] have introduced provisions which, while being autonomous, have a strong link to the scheme established under Directive 88/77/EEC.

[5] OJ L 295, 25.10.1991, p. 1.

[6] OJ L 44, 16.2.2000, p. 1.

It is therefore appropriate to increase the legibility of Directive 88/77/EEC on this occasion of amendment by recasting it at a time when the European Community is about to embrace new members and when a major global agreement [7] on the establishing of international technical regulations has been concluded in Geneva.

[7] Agreement concerning the Establishing of Global Technical Regulations for Wheeled Vehicles, Equipment and Parts which can be fitted and/or be used on Wheeled Vehicles of 25 June 1998.

Directive 88/77/EEC will therefore be repealed by this Directive.

The existing annexes laid down in Directive 88/77/EEC and the amendments necessary to introduce the new technical requirements described above are therefore recast according to the Inter-Institutional Agreement of 28 November 2001 between the European Parliament, the Council and the Commission on a more structured use of the recasting technique for legal acts [8].

[8] OJ C 77, 28.3.2002, p. 1.

2. NEW REGULATORY APPROACH

2.1. Split-level approach

Traditionally, proposals for Directives in the field of motor vehicle construction and type-approval, in accordance with Article 251 of the Treaty, laid down not only the fundamental provisions, but also specified the technical specifications applicable to motor vehicles in a great deal of detail. As a result the European Parliament and the Council had to study more voluminous and technically more complex pieces of draft legislation than if the technical details had otherwise been omitted.

This proposal is structured in a different way compared to existing Directives covering the type-approval of motor vehicles. It constitutes an effort to improve the efficiency of the decision-making process and simplify the proposed legislation, so that the European Parliament and the Council can focus more on the political direction and content whilst leaving the Commission with the task of adopting the appropriate requirements that would implement such political direction and content.

To this end, a "split-level approach" has been followed in this proposal, where the proposal and adoption of legislation will be made according to two different, but parallel, routes:

- on the one hand, the fundamental provisions would be laid down by the European Parliament and the Council in a Directive based on Article 251 of the Treaty through the co-decision procedure (hereafter termed the 'co-decision proposal');

- on the other hand, the technical specifications implementing the fundamental provisions would be laid down in a Directive adopted by the Commission with the assistance of a regulatory committee (hereafter termed the 'comitology proposal').

The delegation of executive powers to the Commission for adaptation to technical progress of Directives in the area of motor vehicle type-approval is provided for in Article 13 of the type-approval framework Directive 70/156/EEC [9], as amended by Directive 92/53/EEC [10]. The present proposal refers, in Article 6, to the procedure provided in Article 13 of the framework Directive for the adoption by the Commission of implementing measures as well as the adaptation to technical progress of existing ones.

[9] OJ L 42, 23.2.1970, p. 1.

[10] OJ L 225, 10.8.1992, p. 1.

Accordingly, it should be noted that for the purposes of this and future proposals, any requirement which the Commission considers to directly affect the emissions of gaseous and particulate pollutants from an engine will always be contained within a co-decision proposal to the co-legislators.

3. BACKGROUND

Directive 1999/96/EC of the European Parliament and the Council laid down three stages of emission limit values for new heavy-duty engines for use in vehicles, to be carried out on three new test cycles. The European Steady [state] Cycle (ESC), European Load Response [test] (ELR) and the European Transient Cycle (ETC) are the applicable cycles for measuring emissions of carbon monoxide (CO), total hydrocarbons (THC), oxides of nitrogen (NOx), particulates (PT) and smoke opacity. On the ETC test, non-methane hydrocarbons (NMHC) are also measured (but the same limit value for NMHC may instead be used for total hydrocarbons); methane (CH4) is also measured in the case of gas engines.

The first two stages of emission limit values, widely given the assignation 'Euro 3' and 'Euro 4', are applicable to new types of heavy-duty engines from October 2000 and 2005 and all types of heavy-duty engines from October 2001 and October 2006. A third level of standards that provides more stringent NOx limits only (the other emission limits from Euro 4 carry-forward), and given the assignation 'Euro 5', is applicable to all types of heavy-duty engines from October 2009. However, Article 7 of Directive 1999/96/EC requires the Euro 5 limits to be confirmed by the Commission [by the end of 2002].

Articles 4 to 7 of Directive 1999/96/EC require the Commission to come forward with proposals on a number of technical issues:

Article 4: provisions for on-board diagnostic (OBD) systems;

Article 5: provisions for ensuring the durability of the emission control system of a heavy-duty vehicle engine;

Article 6: provisions for ensuring the in-service conformity of the emission control system of a heavy-duty engine.

In addition, Article 7 requires the Commission to take account of a number of pertinent factors:

- the review processes set out in Article 3 of Directive 98/69/EC and Article 9 of Directive 98/70/EC;

- the development of compression-ignition engine and gas engine emission control technology and the interdependence of such technology with fuel quality;

- the need to improve the accuracy and repeatability of the current measurement and sampling procedures for very low levels of particulates from engines;

- the development of a world-wide harmonised test cycle for type-approval testing;

- appropriate limits for pollutants currently not regulated as a consequence of the widespread introduction of new alternative fuels.

As noted above, the Commission is due to confirm the NOx limit of 2.0 g/kWh set for mandatory application from 1 October 2008 (Euro 5) for all new type-approvals and 1 October 2009 for all new heavy-duty vehicles and engines.

At that time, the Commission will also report on the development of a world-wide harmonised test cycle for the type-approval testing of heavy-duty engines and, if appropriate, accompany the report with a proposal to introduce such a harmonised test cycle at an appropriate time.

Article 7 of Directive 1999/96/EC also requires the Commission to bring forward proposals for pollutants currently not regulated as a consequence of the widespread introduction of 'new' alternative fuels. While Directive 1999/96/EC laid down specific emission limits for heavy-duty vehicles or engines using natural gas or liquefied petroleum gas and Directive 2001/27/EC included the technical provisions to allow for the type-approval of heavy-duty vehicles or engines using ethanol, there has been little widespread introduction of what could be described as 'new' alternative fuels.

In total, less than 1,000 alternative-fuelled engines were produced in the EU in 2000, mostly natural gas engines for the bus market. This represents less than 3% of the EU bus production, and 0.02% of the combined truck and bus production. Several manufacturers plan to certify their future alternative-fuelled engines as Enhanced Environmentally [friendly] Vehicles (EEV). By 2005 no major EU heavy-duty vehicle manufacturer is expected to produce any ethanol vehicles. Current production is only around 25 per annum.

The review of the 2008 NOx emission limit, foreseen in Article 7 of Directive 1999/96/EC, will broadly address the issue of emissions of non-regulated pollutants as a consequence of the introduction of new exhaust emission control systems to meet the 2008 emission standards.

Therefore, emission limits for presently non-regulated pollutants are not introduced in this proposal. However, as stated in Article 7 of this proposal, the Commission will keep under review the need to introduce new emission limits for presently unregulated pollutants as a consequence of a wider introduction of new alternative fuels and the introduction of new exhaust emission control systems to meet the future standards laid down in Directive 88/77/EEC.

The application of measures applied to the transport sector that may be developed through the Commission's contact group on alternative fuels will also have a bearing on this review [11].

[11] Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions on alternative fuels for road transportation and on a set of measures to promote the use of biofuels, COM(2001) 547 final, 7.11.2001.

4. CONTENT OF THE PROPOSAL

4.1. Proposal for a Directive of the European Parliament and the Council

The co-decision proposal will be a recasting of Directive 88/77/EEC according to the Inter-Institutional Agreement referred to in section 1 and, in addition, will contain the new fundamental provisions according to the split-level approach. It will contain the following:

4.1.1. Definitions - Article 1

The definitions are as laid down in Directive 1999/96/EC, as last amended by Directive 2001/27/EC.

4.1.2. Obligations of the Member States - Article 2

Article 2 of the proposal recasts the dates of application for the present legal requirements applicable to compression-ignition and gas engines and vehicles propelled by compression-ignition or gas engines. Measures which applied from 1 October 2000 and 1 October 2001, as laid down in Directive 1999/96/EC, are now already in force and therefore only the measures and not the dates are referred to in Articles 2(1), 2(2) and 2(3).

For gas engines, the application of the Euro 3 emission limits given in the tables in section 6.2.1 of Annex I to Directive 88/77/EEC (as amended by Directive 1999/96/EC) were laid down in Article 2(2) of the same Directive for new type-approvals (1 October 2000) and Article 2(3) for all type-approvals (1 October 2001).

Directive 2001/27/EC subsequently introduced amendments to the technical annexes of Directive 88/77/EEC specifically with respect to gas engines and which take effect for all gas engine type-approvals from 1 October 2003. Up until this date, a gas engine that has a type-approval according to the previous Directive (1999/96/EC) will remain applicable. Gas engine manufacturers are complying today with the new technical requirements laid down in Directive 2001/27/EC for new type-approvals, to avoid the need to re-approve when the requirements of Directive 2001/27/EC for gas engines take effect from 1 October 2003.

Existing type-approvals will not become invalid through the repeal of Directives 88/77/EEC, 91/542/EC and 1999/96/EC as a consequence of this recasting (see Article 9 and Annex XIII (table of correspondence) of the proposal).

4.1.3. Durability of emission control systems - Article 3

Directive 88/77/EEC does not presently include any durability requirements for heavy-duty engines. The heavy-duty engine itself is inherently reliable and, when maintained properly, retains its emissions performance over extremely long periods of use. However, the future emission standards laid down in Directive 1999/96/EC will require the widespread use of exhaust aftertreatment technology to comply with more stringent emission standards.

It is likely that a combination of Exhaust Gas Recirculation (EGR) and/or Selective Catalytic Reduction (SCR) together with a diesel particulate filter (DPF), diesel oxidation catalyst and possibly advanced turbocharging will become common solutions to meet the Euro 4 emission limits. Some engines may meet the requirements using SCR alone.

SCR is expected to be universally used to meet the Euro 5 emission limits, in combination with a diesel particulate filter and diesel oxidation catalyst, but some engines may meet the requirements using SCR alone.

Amongst many criteria, the use of SCR offers fuel efficiency gains over other options such as EGR plus DPF, but, EGR plus DPF does not depend on the use of a chemical reagent to achieve efficient conversion of NOx emissions. The choice of Euro 4 technology by most heavy-duty engine manufacturers seems still to be an open question and the issue of diesel fuel sulphur content is a major factor. Perhaps there will be other, more efficient, technical solutions developed over time. However, at this time it seems that the solutions mentioned above will be used in different vehicle duty-cycle applications for at least the Euro 4 stage. EGR plus DPF is perhaps more likely for urban vehicle applications while a solution involving SCR is likely for long-haul applications.

What is clear is that in the future the emissions performance of the engine will be highly dependent on the aftertreatment system. Hence, requirements for assessing the durability of the emission control system should now be included in Directive 88/77/EEC.

In this respect the Commission is proposing that the useful-life or durability periods for engines to be fitted into category N1, N2, N3, M2 and M3 vehicles be defined as follows, where 'useful-life' is defined as the period of distance and/or time over which compliance with the relevant gaseous, particulate and smoke emission limits has to be assured, as part of the requirements of type-approval for a particular engine type:

- For engines to be fitted into vehicles of category N1, the useful-life period is defined as 100 000 km or five years, whichever is the sooner.

Directives 88/77/EEC and 70/220/EEC allow for the type-approval of category N1 vehicles to one or the other Directive. Therefore, the useful-life period for engines to be fitted into category N1 vehicles should align with the period laid down in Directive 70/220/EEC, as amended by Directive 98/69/EC. In the case of Directive 70/220/EEC, the useful-life period of 100 000 km or five years of use, whichever is the sooner, is applicable from 1 January 2005.

- For engines to be fitted into vehicles of category N2 and M2, the useful-life period is defined as 200 000 km or six years, whichever is the sooner.

- For engines to be fitted into vehicles of category N3 and M3, the useful-life period is defined as 500 000 km or seven years, whichever is the sooner.

The requirement to demonstrate emission compliance over the applicable useful-life period will take affect from 1 October 2005 for new type-approvals and 1 October 2006 for all type-approvals.

Over the years, manufacturers have increased substantially the mechanical durability of heavy-duty engines such that they can be used for many thousands of hours or hundreds of thousands of kilometres before rebuild is necessary. In addition, the annual distance travelled, especially by the heavier heavy-duty vehicles, or long-haul commercial vehicles, has increased significantly such that these vehicles will reach high distances more quickly. Manufacturer's servicing information indicates that the major servicing intervals for heavy-duty engines used in long haul operations are expected to be anything from 250 000 to 450 000 km (10 000 to 18 000 hours use). Vehicles having different duty cycles will generally have different servicing intervals. In-house development targets now approach some 1 million kilometres for engine reliability.

Although the Commission could perhaps justify a very high useful-life period based on how long engines are lasting today without rebuild, the Commission believes that somewhat lower useful-life periods should be specified. Engine manufacturers will have to comply with new emission standards in 2005 and 2008 such that the use of emission aftertreatment systems will be commonplace on practically all engines used on the road. Extremely long useful-life periods could compromise the feasibility of the future standards and limit the number of potential aftertreatment technical solutions which may exhibit other beneficial characteristics such as low fuel penalty or even fuel savings (compared to Euro 3 engines). At this stage the Commission does not see any need to review or modify in the future the useful-life distances being proposed here.

Of course, the end of useful-life does not mean the end of good in-use emissions performance so the provision of OBD (as described in section 4.1.5) and improved annual roadworthiness testing will help to ensure emission control systems continue to operate properly, even when vehicles are in the hands of their second, third or more owners.

Not all heavy-duty engines are used in long-haul commercial vehicles that accumulate distance travelled very quickly. Heavy-duty engines are used in many different types of vehicles that operate solely in urban areas, for example, refuse collection vehicles and some types of buses. Such vehicles accumulate distance at a much slower rate than long-haul commercial vehicles. For example, the Braunschweig city driving cycle which simulates urban bus driving [12] has an average speed of 22.9 km/h (including idling time) and Commission statistics [13] show an average distance travelled of some 47 000 km per annum for urban buses.

[12] AB Svensk Bilprovning Motortestcenter, Report 9707, 1997.

[13] EU Transport in Figures, 2000.

A useful-life of 500 000 km might therefore, on its own, be excessive because of the slow rates of distance accumulation of such vehicles. However, a useful-life of seven years would seem appropriate in this case. For such urban applications, the duty cycle would be repeated engine running for nearly all of its daily operation and which is also of a relatively low temperature profile that may inhibit adequate regeneration events for a diesel particulate filter or deNOx device.

It is therefore appropriate to cover vehicles that accumulate distance slowly within the '500 000 km or seven years of use, whichever occurs first' criteria.

If the technical measures being adopted through comitology to implement the fundamental provisions laid down for durability are delayed beyond the date of adoption of this co-decision Directive (a date of 30 June 2004 is proposed in this Article for adoption of the technical measures via comitology), the transposition date shown in Article 8(1) and the application date shown in the second sub-paragraph of Article 8(1) of the co-decision Directive should be aligned with that of the comitology Directive. It is essential that both Directives are applied by Member States at the same time.

4.1.4. On-board diagnostic systems (OBD) - Article 4

Technical requirements for OBD applied to 'medium heavy-duty' vehicles are applicable today through specifications that are laid down in the Federal requirements in the United States, but only for vehicles up to 14 000 pounds gross vehicle weight (6 363 kg). There are no requirements for OBD on what are perceived to be heavy heavy-duty vehicles, i.e. those vehicles up to 40 tonnes gross vehicle weight and above.

In Europe, emissions compliance at the time of type-approval is assessed by testing the engine alone (without auxiliaries and the gearbox) whereas in real life an OBD system has to perform its functions on the whole vehicle. The Commission believes it is premature to mandate an all-embracing heavy-duty vehicle OBD concept for emissions control from 2005 because of concerns still to be addressed regarding sensor development and performance for emission aftertreatment devices, especially NOx and ammonia sensors for deNOx devices and particulate sensors (if one is likely to be available) for diesel particulate filters. Hence, it is proposed to deal with heavy-duty vehicle and engine OBD in two stages to allow system development.

First stage of OBD:

The first stage is applicable to new compression-ignition engines seeking type-approval according to the emission limits laid down in row B1 of the tables in section 6.2.1. of Annex I to this Directive. The OBD requirements therefore apply from 1 October 2005 for new type-approvals and 1 October 2006 for all type-approvals. The first stage is also applicable from the same dates for compression-ignition engines seeking type-approval according to the permissive EEV emission limits laid down in row C of the tables in section 6.2.1. of Annex I to this Directive.

For the first stage, it is proposed that the OBD system should monitor the functioning of the engine against fixed threshold limits, as is the case for diesel engine OBD in Directive 70/220/EEC. In addition, any emission aftertreatment system downstream of the engine should be monitored for major functional failure. Requiring only monitoring of the emission aftertreatment system for major functional failure is based on the premise that sensor technology to monitor performance related to excess emissions will not be fully developed for industrial application in 2005. As part of the type-approval, the manufacturer will be required to provide the technical service or type-approval authority with an analysis of potential failures within the emission control system that will have an effect on emissions.

Second stage of OBD:

The second stage is applicable to new compression-ignition engines and gas engines seeking type-approval according to the emission limits laid down in row B2 of the tables in section 6.2.1 of Annex I to this Directive. The OBD requirements therefore apply from 1 October 2008 for new type-approvals and 1 October 2009 for all type-approvals. The second stage is also applicable from the same dates for compression-ignition and gas engines seeking type-approval according to the permissive EEV emission limits laid down in row C of the tables in section 6.2.1 of Annex I to this Directive.

However, in the second stage, the OBD system should monitor the functioning of the engine and the exhaust aftertreatment system downstream of the engine against fixed threshold limits. However, according to the right of initiative of the Commission, the second stage OBD thresholds applicable from October 2008 will be subject to review of the development of sensor and emission control technology.

In this second stage the engine-aftertreatment OBD system will be expanded to cover the vehicle to take account of the inputs received from other vehicle systems that may have an influence on the functioning of the total emission control system.

OBD threshold values are proposed for the emission of NOx and particulate only as these are the two main pollutants of interest for heavy-duty vehicles equipped with compression-ignition engines. Emissions of CO and HC are relatively trivial in comparison with NOx and particulates. OBD threshold limits are proposed for the type-approval of engines complying with the 2005 and the 2008 limits and also for the type-approval of an engine installed in a vehicle complying with the permissive EEV standards. However, as noted above, the 2008 (row B2) and EEV (row C) OBD thresholds will be subject to review.

At this stage it is not possible to define the OBD technical requirements and OBD thresholds for gas-engines. The Commission will bring forward a proposal in this regard at a later date including OBD threshold values for other pollutants relevant to gas engines. However, it is already proposed here that gas-engine OBD be required from October 2008 for new type-approvals, to stimulate OBD system development and also to allow the gas vehicle market to continue to develop in the EU without additional development targets being imposed.

Within the United Nations Economic Commission for Europe (UN-ECE), discussions are now in progress towards adopting a Global Technical Regulation (GTR) for heavy-duty vehicle OBD. The timetable for having a draft GTR is still some way off (June 2004) and it may be several years before a GTR is actually implemented. However, when that work is finished, appropriate technical amendments will need to be considered to align the European heavy-duty vehicle OBD requirements on a global basis. Where possible, the comitology proposal described in section 4.2.3 should take into account progress in the GTR group with respect to the technical requirements for OBD.

If the technical measures being adopted through comitology to implement the fundamental provisions laid down for OBD are delayed beyond the date of adoption of this co-decision Directive (a date of 30 June 2004 is proposed in this Article for adoption of the technical measures via comitology), the transposition date shown in Article 8(1) and the application date shown in the second sub-paragraph of Article 8(1) of the co-decision Directive should be aligned with that of the comitology Directive. It is essential that both Directives are applied by Member States at the same time.

4.1.5. Provisions for tax incentives - Article 5

The existing text of Article 3 of Directive 1999/96/EC regarding tax incentives is repeated in a revised format in this proposal and amended to delete reference to row A of the tables in 6.2.1 of Annex I since the emission limit values given in row A are now mandatory for all vehicles covered by the scope of this proposal.

In this proposal, appropriate reference is also made in recitals 11 and 12 to the Articles of the Treaty concerning State Aids granted by Member States.

4.1.6. Implementation measures and amendments - Article 6

Article 6 states that the Commission will adopt the measures necessary for the implementation of this Directive and any future amendments necessary to adapt this Directive to scientific and technical progress through reference to the committee and the procedures established in Articles 13(1) and 13(3) of the type-approval framework Directive (70/156/EEC).

The comitology proposal will therefore implement the requirements of this co-decision proposal by laying down the procedures for establishing:

- compliance with the useful-life (durability) requirements of Article 3;

- conformity of the in-use emissions performance of an engine. This measure is not specified within this co-decision proposal since, although it will be based on the durability requirements, it is a purely technical issue and therefore a matter for the comitology proposal only;

- the conformity of OBD systems, in line with Article 4. In addition, reference is made here to the issue of ensuring unrestricted and standardised access to the OBD system for inspection, diagnosis, servicing and repairs, commensurate with the measures introduced, or being introduced, in Directive 70/220/EEC and appropriate requirements relating to replacement parts to ensure compatibility with vehicles equipped with OBD systems.

- In addition, the comitology proposal will include the necessary measures to improve the laboratory procedures for the sampling and measurement of particulate mass as a consequence of the low particulate emission limits applicable from 1 October 2005. The comitology proposal will also revise the specifications for the reference fuels used for type-approval testing to better reflect the sulphur content of diesel fuel that will be available on the market from 2005 (in line with the decisions already taken in the regulatory committee with reference to Directive 70/220/EEC).

- Also, the comitology proposal may contain:

- an amendment to the test cycle used for OBD demonstration based on the development of a World Harmonised Duty Cycle (WHDC) and its progress to being a global technical regulation, and;

- an amendment to provide for the use of OBD as an effective in-use conformity checking tool and appropriate requirements for OBD-compatible replacement parts.

- It is also stated that the measures taken with respect to OBD will be adopted with a view to the world-wide harmonisation of the OBD requirements for heavy-duty vehicles and engines (see second last paragraph of section 4.1.4).

4.1.7. Review and reports - Article 7

Several of the reporting tasks laid down in Article 7 of Directive 1999/96/EC remain applicable and are repeated by reference in this Directive. For example, the Commission will continue to review the need to introduce new emission limits for presently non-regulated pollutants, report on the progress of negotiations for a world-wide harmonised test cycle, report on the development of on-board monitoring (OBM) systems and confirm the mandatory NOx emission limit applicable from 1 October 2008 for all new type-approvals.

4.1.8. Transposition - Article 8

The co-decision process should be completed during the first half of 2004. However, the transposition date has to be reflected in the date set for the repeal of Directives 88/77/EEC, 91/542/EEC and 1999/96/EC in Article 9 and also linked to the transposition date set for the comitology Directive mentioned in Articles 3 and 4.

4.1.9. Repeal - Article 9

Directives 88/77/EEC, 91/542/EEC and 1999/96/EC will be replaced by this Directive and these Directives should be repealed from the date of application of this Directive in the Member States. Accordingly, a table of correspondence is given in Annex XI of this proposal.

Type-approvals granted according to Directive 1999/96/EC (as last amended by Directive 2001/27/EC) will remain valid until the implementation of the measures contained within this proposal.

4.1.10. Consolidated technical Annexes

The consolidated annexes of Directives 88/77/EEC, 91/542/EEC, 96/1/EC, 1999/96/EC and 2001/27/EC are included in this proposal except where references to other Directives are updated.

4.1.11. Annex IX

As required in Point 7(c)(ii) of the Inter-Institutional Agreement mentioned in section 1, Annex IX provides a table containing the time-limits for the transposition of the repealed Directives (and successive amending acts) into National laws.

4.1.12. Annex X

As required in Point 7(b) of the Inter-Institutional Agreement mentioned in section 1, Annex X provides a table showing the correlation between the appropriate parts of the repealed Directives and this recast Directive.

4.2. The Proposal for a Commission Directive

As mentioned in section 2 above, there will be two parts to this proposal. This section describes the 'general content and aims' of the second part, or the comitology proposal, which the Commission has already tabled, in part, and will propose more completely in draft form for further discussion in Commission working group(s). After completion, it will be submitted to the regulatory committee for adaptation to technical progress through the procedures that will be laid down in a proposal for a new framework Directive on the type-approval of motor vehicles. The new framework Directive is currently being prepared by the Commission services (as referenced in section 2.1).

The comitology proposal will in effect be an amendment to this co-decision proposal and will contain the following general elements that will be covered according to Article 6 of this proposal.

4.2.1. Durability

The actual durability periods applicable to various vehicle categories are defined in Article 3 of the co-decision proposal. The mechanism for a manufacturer to follow to demonstrate useful life compliance will be proposed as follows.

- Engines will be grouped into engine families, taking account of the definition given in ISO 16185 for engine families.

- For the purposes of durability demonstration, it may be appropriate for engines to be sub-divided into a family based on the type of exhaust aftertreatment system with which the engine is equipped. Such an approach could allow the determination of deterioration factors that are specific to a certain 'technical design' of an exhaust aftertreatment system that is common to a range of engines.

- From such a family of engines, a parent engine will be selected for testing over a service accumulation schedule that will be defined by the manufacturer and agreed by the technical service.

- It is not necessary for the proposal to provide a definition of the service accumulation schedule. The manufacturer will have the flexibility to choose an appropriate service accumulation schedule which may be based on data collected from vehicles in service that are equipped with the parent engine or an engine from that family, or based on a pre-defined engine dynamometer schedule.

- During the service accumulation schedule the engine shall be tested for all regulated emissions over the European Steady [state] Cycle (ESC), European Transient Cycle (ETC) and, if seen to be necessary, the European Load Response (ELR) test cycles. These tests will be conducted periodically during the service accumulation schedule. For an engine equipped with an exhaust aftertreatment system, the service accumulation schedule is proposed to commence after sufficient engine running to ensure that the aftertreatment system has stabilised from new. This is proposed to be up to 125 hours, where requested by the manufacturer. There is no specific end point to the service accumulation schedule. It will be up to the manufacturer to decide how long he needs to run and test the engine to be confident that the emissions performance is not going to drastically change over time so as to be sure that the emission limits will be complied with at the durability period applicable for the engine, and engine family, under test.

- Over the service accumulation schedule, a regression analysis shall be made based on the emissions test results. The projected emissions shall be extrapolated to the start of the service accumulation schedule and to the durability applicable to the type of engine (see Article 3 of the co-decision proposal). On the basis of these two values, deterioration factors are then calculated for each pollutant on each test cycle (ESC for CO, HC, NOx and particulate, ETC for CO, THC, NMHC, CH4, NOx and particulate and ELR for smoke, if seen to be necessary) and recorded in the type-approval documentation.

- It will be proposed that manufacturers who produce engines in small batches may use fixed deterioration factors instead of conducting a service accumulation schedule. Further discussion will be necessary to determine these fixed deterioration factors and also to determine whether all engines, irrespective of production volume, can utilise fixed deterioration factors.

- To rationalise the testing burden associated with the durability demonstration, it should also be discussed whether the deterioration factors determined according to US engine family certification could be accepted for EU type-approval. In addition, it may also be appropriate to include the US Federal Test Procedure (FTP) as a relevant test cycle for emissions measurement during the service accumulation schedule to provide for one single service accumulation cycle appropriate for EU, US and possibly Japanese durability demonstration. However, consideration of these issues will depend on consultations with the authorities in the US and Japan and, in the absence of a common technical standard (or global technical regulation), whether reciprocal recognition of the EU procedures for durability demonstration for engine certification in the US and Japan will be accepted.

- The issue of maintenance is an important criteria that needs to be defined in order that maintenance that is required to be performed during the service accumulation schedule is also the same in real life operation and as advised to the owner of the vehicle. The Commission believes there is a need for some minimum criteria to be laid down in the Directive for major emission-related components in terms of repair, replacement or cleaning intervals.

4.2.2. Conformity of in-service vehicles/engines

The actual durability of a type of vehicle equipped with a heavy-duty engine is defined in Article 3 of the co-decision proposal. The comitology proposal will define the procedures for checking the conformity of in-service vehicles/engines up to those durability periods.

The procedure is based around the requirement for the manufacturer to conduct an audit of the emissions performance of his products in service. A major part of the information to be provided by the audit is emissions test data as measured on the test cycles required for demonstration of useful life compliance, or through the use of mobile emissions measuring equipment fitted to vehicles (see section 4.2.2.1). Records of malfunctions detected by the vehicle's OBD system could also be utilised. The number of vehicles or engines to be tested should depend on the sales volume of the manufacturer. The Commission will not propose specific procedures - the manufacturer should take what steps are necessary to collect relevant emissions data as part of his normal practice to comply with common auditing standards and procedures.

For example, such audit data may be collected through an agreement with fleet operators to test vehicles or engines at periodic intervals. This may require the manufacturer to provide substitute vehicles during the testing. The manufacturer may also choose to run a fleet of representative vehicles within those used by the company under in normal working conditions but also used to collect audit data.

If the technical service does not approve the audit information provided by the manufacturer, he should take action to obtain further information to clarify the situation. Such action may result in the manufacturer having to perform more confirmatory testing or the authority may decide to conduct tests.

It is debatable whether engine testing should ever be enforced, due to the very high expense of taking heavy-duty vehicles from service, removing the engine and performing laboratory emission tests on the engine alone. While such engine testing on a dynamometer is expensive, it is a recognised method for determining compliance with the type-approval. However, one can argue that since such tests are conducted without gearbox or engine-auxiliary items which do have an effect on emissions, engine dynamometer tests are not fully representative for checking in-service compliance of an engine installed in a vehicle in real-world operations.

The technical details of these test stages will be developed during the discussions relating to the preparation of the comitology proposal.

However, at the end of the procedure, if non-compliance has been established, actions that may be taken are laid down in the type-approval framework Directive. A plan of remedial measures to correct non-conformity should be drawn-up and carried out in consultation with the technical service and/or type-approval authority.

4.2.2.1. International actions

As mentioned in the section above, the use of mobile emission measuring equipment is foreseen to be the most cost-effective method for establishing the emissions compliance of heavy-duty vehicles. The appropriate methods are being developed in various research programmes with respect to on-board emission data collection systems in conjunction with a fully developed procedure for checking emissions in what are termed 'off-cycle' driving events. The US authorities have implemented their not-too-exceed (NTE) requirements for heavy-duty vehicles and a global approach to off-cycle emissions is being considered as a future candidate global technical regulation under the auspices of the UN-ECE World Forum for the Harmonisation of Vehicle Regulations (WP29).

For example, there are the West Virginia University Mobile Emissions Measuring System (MEMS) and two systems developed by different parts of the US Environmental Protection Agency - the ROVER system and the Portable Emissions Measurement System (PEMS). These systems can offer real-world emission measuring capability that should be the primary aim to provide a comprehensive in-use conformity-checking tool. Such technology could be used as part of the manufacturer's audit exercise or for further follow-up testing by the type-approval authorities or technical services.

It is intended that the comitology proposal with respect to conformity of in-service vehicles/engines will aim to adopt a solution based on the use of on-board measuring equipment and, where possible, take into account the global initiative mentioned above. If this is not possible within the time-frame for adoption of this split-level approach, further adaptations to the technical annexes will need to be foreseen to include, for example, the specifications for on-board measuring equipment and test protocols, as these are developed.

Conformity of in-service vehicles and engines is a measure that will only apply to vehicles and engines after October 2005 and when sufficient distance has been accumulated on vehicles to make it worthwhile to test emissions compliance. Delay in the completion of the relevant technical annexes is not seen to be a major concern when a more elegant, effective and global technical solution can be attained.

4.2.3. On-board diagnostics (OBD)

New requirements will provide the technical means for specifying the OBD system and for type-approving the OBD system.

OBD, as applied to light-duty vehicles, has been used as a model but there are some significant differences between the light-duty vehicle OBD requirements of Directive 70/220/EEC and heavy-duty vehicle OBD described here.

In the first stage, applicable from 1 October 2005 for new type-approvals of compression-ignition engines against the 2005 emission limits or the permissive EEV emission limits, the OBD system should monitor the functioning of the engine against fixed threshold limits (as for light-duty vehicle OBD in Directive 70/220/EEC) and, in addition, any emission aftertreatment system downstream of the engine for what is described as major functional failure. At this stage, monitoring of the emission aftertreatment system for major functional failure is based on the premise that sensor technology to monitor performance related to emissions will not be fully developed for widespread application on heavy-duty vehicles in 2005.

In the second stage, applicable from October 2008 for new type-approvals of compression-ignition and gas engines to the 2008 emission limits or the permissive EEV emission limits, the OBD system should monitor the functioning of the engine and the exhaust aftertreatment system downstream of the engine against fixed threshold limits. However, this will be subject to review of the development of sensor technology. At this stage the engine-aftertreatment OBD system will be expanded to cover the vehicle, to take account of the inputs received from other vehicle systems that may have an influence on the functioning of the total emission control system.

The new requirements will include, but not be limited to:

- OBD definitions;

- OBD test requirements;

- definition of mandatory system monitoring (deNOx, diesel particulate filter, combined deNOx-diesel particulate filter, catalysts, fuel injection system etc);

- criteria for activation and deactivation of the malfunction indicator (MI), and storage and deletion of fault codes;

- fault code storage and enforcement through storage of hours run by the engine with a fault code stored;

- criteria for allowed deficiencies in OBD systems for type-approval;

- criteria for temporary disablement of the OBD system under certain justified engine operating conditions;

- requirements to ensure unrestricted and standadised access tro the OBD system for inspection, diagnosis, servicing and repairs, commensurate with the measures introduced by Directive 70/220/EEC;

- appropriate requirements relating to replacement parts to ensure their compatibility with heavy-duty vehicles equipped with OBD systems.

The new requirements will include the OBD demonstration test. In real use, the OBD system will perform some monitors quicker than others and some monitoring will be carried out over relatively long periods of time over cumulative periods of similar (steady-state) driving conditions. With respect to the test cycle to be used for the OBD demonstration test, it has been shown that while the ETC used for tailpipe emission testing is representative of real use, it does not include sufficient elements of steady-state operation to be confident that complete OBD monitoring will be carried out over that 30 minute test procedure. The ESC used for emission testing has sufficient steady-state operation but is regarded as having too much steady-state operation to be completely representative of the real use conditions in which OBD must operate. Therefore, a 'short-ESC test' purely for the OBD demonstration test has been developed. This test follows the same mode order as the full ESC but has a mode length of 60 seconds compared with 120 seconds for the ESC test cycle.

Council Directive 70/220/EEC [14], as amended by Commission Directive 1999/102/EC [15], introduced OBD for light-duty vehicles and included necessary references to international standards, for example, ISO 15765 and ISO 15031 for OBD communications on-board the vehicle and between the vehicle and off-board diagnostic tools, diagnostic tools, diagnostic fault codes and the connector between the vehicle and diagnostic tools. Such prescriptions were necessary to provide a standard platform for the diagnostic and repair industries (e.g. independent repairers and roadside organisations).

[14] OJ L 76, 6.4.1970, p. 1.

[15] OJ L 334, 28.12.1999, p. 43.

Similar international OBD standards will be referenced in the new requirements while taking account of the differences between light-duty vehicle and heavy-duty vehicle applications (e.g. different system voltages between light-duty and heavy-duty vehicles, connector design to prevent a light-duty vehicle diagnostic tool from being connected to a heavy-duty vehicle having a higher system voltage). However, there are some complications.

ISO 15765 [16] and ISO 15031-5 [17] are used by many EU and Asian medium and heavy-duty vehicle manufacturers and are derived from the standards developed previously for light-duty vehicles and passenger cars.

[16] International Standards Organisation (ISO) 15765-4, "Road Vehicles - Diagnostics on Controller Area Network (CAN) - Part 4: Requirements for emissions related systems", December 2001.

[17] International Standards Organisation (ISO) 15031-5, "Road Vehicles - Communication between vehicles and external equipment for emissions-related diagnostics - Part 5: Emissions-related diagnostics services", December 2001.

SAE J1939 [18] was developed and is maintained by the heavy-duty vehicle industry through the SAE Truck and Bus Council. SAE J1939 has been employed by US manufacturers since the mid-1990's. Many European and Asian manufacturers also use SAE J1939. SAE J1939 covers a wealth of diagnostic criteria, for example, diagnostic services, diagnostic fault codes, diagnostic lamps, off-board diagnostic connector, data link and monitoring parameters.

[18] Society of Automotive Engineers (SAE) J1939, "Recommended Practice for a Serial Control and Communications Vehicle Network", April 2000.

While ISO 15765 and ISO 15031 provide a similar level of diagnostic coverage, there are certain technical differences between the ISO and SAE standards. The diagnostic fault codes from an SAE J1939 vehicle system will be fully readable and the diagnostic system fully accessible, but in a different manner to that for an ISO 15765 and 15031 vehicle system.

While a single OBD standard would be desirable, at this time it is not possible to dictate that either the ISO or SAE standard should take precedence, especially in the short timeframe before heavy-duty vehicle OBD becomes mandatory in the EU from October 2005. The cost of requiring the industry to move from ISO to SAE or vice versa could not be justified.

Today, the heavy-duty vehicle repair market is already equipped to deal with SAE J1939 vehicles and it is recognised that the service and repair market for heavy-duty vehicles, at least for the heavier vehicles, is different to that for light-duty vehicles. However, the Commission wishes to ensure that in the future, wherever possible, access to maintain and repair heavy-duty vehicles with OBD systems standardised and is available to all interested parties. Further attention may have to be made to distinguish between the range of light heavy-duty vehicles and heavy heavy-duty vehicles that fall within the scope of this Directive.

Consequently, ISO TC22/SC3/WG1 is already looking at the advantages and disadvantages of requiring the use of using either the ISO or SAE standard or allowing both standards to co-exist. It would seem at this time that the use of both ISO 15765/15031 and SAE J1939 seems possible.

Therefore, in formulating its comitology proposal, the Commission will consider carefully the benefits of the ISO and SAE standards and the recommendations made by the ISO committee with the aim of providing the most cost-effective level of diagnostic capability and standardised access to efficiently diagnose and repair heavy-duty vehicles in the market.

4.2.4. Other elements of the comitology proposal

The comitology proposal will also amend the test reference fuels contained in Annex IV to provide for 2005 test fuels that are representative of the fuel specifications likely to be available on the market from that date (i.e. with respect to sulphur content). This amendment will therefore take on board, as appropriate, the provisions laid out in Commission Directive 2002/80/EC (amending Directive 70/220/EEC) regarding Annexes IX and IXa.

The proposal will also amend the laboratory procedures for the sampling and measurement of particulates, as requested in indent 3 of Article 7 to Directive 1999/96/EC. This is a consequence of the low particulate emission limits applicable from 1 October 2005 that push the boundaries of the reliability and repeatability of the present particulate gravimetric procedures. Such amendments will take into account the recent ISO 16183 standard and other important work in this area.

2003/0205 (COD)

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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 compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in 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 [19],

[19] OJ No C 193, 31. 7. 1986, p. 3.

Having regard to the opinion of the European Economic and Social Committee [20],

[20] OJ No C 333, 29. 12. 1986, p. 17.

Having regard to the opinion of the Committee of the Regions [21],

[21] OJ C

Acting in accordance with the procedure laid down in Article 251 of the Treaty [22],

[22] OJ C

Whereas:

new

(1) Council Directive 88/77/EEC of 3 December 1987 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 compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles [23] is one of the separate Directives under the type-approval procedure laid down by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers [24]. Directive 88/77/EEC has been substantially amended several times to introduce successively more stringent pollutant emission limits. Since further amendments are to be made, it should be recast in the interests of clarity.

[23] OJ L 36, 9.2.1988, p. 33. Directive as last amended by Commission Directive 2001/27/EC (OJ L107, 18.4.2001, p. 10).

[24] OJ L 42, 23.2.1970, p. 1. Directive as last amended by Council Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36)

(2) Council Directive 91/542/EEC of 1 October 1991 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 pollutants from diesel engines for use in vehicles [25], Directive 1999/96/EC of the European Parliament and of the Council of 13 December 1999 on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Council Directive 88/77/EEC [26], and Commission Directive 2001/27/EC of 10 April 2001 adapting to technical progress Council Directive 88/77/EEC on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles [27] have introduced provisions which, while being autonomous, are closely linked to the scheme established under Directive 88/77/EEC. Those autonomous provisions should be fully integrated into the recast in the interests of clarity and legal certainty.

[25] OJ L 295, 25.10.1991, p. 1.

[26] OJ L 44, 16.2.2000, p. 1.

[27] OJ L 107, 18.4.2001, p. 10.

(3) It is necessary that all the Member States adopt the same requirements, in order, in particular, to permit the implementation, for each vehicle type, of the EC type-approval system which is the subject of Directive 70/156/EEC.

(4) The Commission's programme on air quality, road transport emissions, fuels and emission abatement technologies [28], hereinafter "the first Auto-Oil programme", showed that further reductions in pollutant emissions from heavy-duty vehicles were necessary with a view to achieving future air quality standards.

[28] COM(96) 248 final.

(5) Reductions in emission limits applicable from the year 2000, corresponding to abatements of 30% in emissions of carbon monoxide, total hydrocarbons, oxides of nitrogen and particulate matter were identified by the first Auto-Oil programme as key measures for the achievement of medium-term air quality. A reduction of 30% in exhaust smoke opacity should additionally contribute to the reduction of particulate matter. Additional reductions in emission limits applicable from the year 2005, corresponding to additional abatements of 30% in carbon monoxide, total hydrocarbons and oxides of nitrogen and 80% in particulate matter should greatly contribute to air quality improvement in the medium to longer-term. The additional limit for oxides of nitrogen applicable in the year 2008 should result in a further 43% reduction in the emission limit for this pollutant.

(6) Type-approval tests for gaseous and particulate pollutants and smoke opacity are applicable to allow for a more representative evaluation of the emissions performance of engines over test conditions that more closely resemble those encountered by vehicles in-service. From 2000, conventional compression-ignition engines and those compression-ignition engines fitted with certain types of emission control equipment are tested over a steady-state test cycle and over a new load response test for smoke opacity. Compression-ignition engines fitted with advanced emission control systems are, in addition, tested over a new transient test cycle. From 2005, all compression-ignition engines should be tested on all these test cycles. Gas fuelled engines are only tested on the new transient test cycle.

(7) In laying down new standards and test procedures, it is necessary to take account of the impact on air quality of future traffic growth in the Community. The work undertaken by the Commission in this sphere has shown that the motor industry in the Community has made great strides in the perfection of the technology allowing a considerable reduction in emissions of gaseous and particulate pollutants. However, it is still necessary to press for further improvements in emission limits and other technical requirements in the interests of environmental protection and public health. In particular, the results of on-going research into the characteristics of ultra-fine particulates should be taken into account in any future measures.

(8) It is necessary that further improvements be made to the quality of motor fuels to enable the efficient and durable performance of emission control systems in service.

(9) New provisions for on-board diagnostics (OBD) should be introduced from 2005 with a view to facilitating the immediate detection of the deterioration or failure of engine emission control equipment. This should enhance diagnostic and repair capability, significantly improving the sustainable emission performance of in-service heavy-duty vehicles. Since, on the world-wide stage, OBD for heavy-duty diesel engines is in its infancy, it should be introduced in the Community in two stages to allow for system development so that the OBD system does not give false indications. In order to assist the Member States in ensuring that the owners and operators of heavy-duty vehicles meet their obligation to repair faults indicated by the OBD system, the distance covered or the time that has elapsed after a fault has been indicated to the driver should be recorded.

(10) Compression-ignition engines are inherently durable and have demonstrated that, with proper and effective maintenance, they can retain a high level of emissions performance over the significantly high distances travelled by heavy-duty vehicles in the course of commercial operations. However, future emission standards will push the introduction of emission control systems downstream of the engine, such as deNOx systems, diesel particulate filters and systems that are a combination of both and, perhaps, other systems yet to be defined. It is therefore necessary to establish a useful life requirement on which to base procedures for ensuring the compliance of an engine's emission control system throughout that reference period. In establishing such a requirement, due account should be taken of the considerable distances covered by heavy-duty vehicles, of the need to incorporate appropriate and timely maintenance and of the possibility of type-approving category N1 vehicles in accordance with either this Directive or Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles [29].

[29] OJ L 76, 6.4.1970, p. 1. Directive as last amended by Commission Directive 2002/80/EC (OJ L 291, 28.10.2002, p. 20).

(11) Member States should be allowed, by means of tax incentives, to expedite the placing on the market of vehicles that satisfy the requirements adopted at Community level, provided that such incentives comply with the provisions of the Treaty and satisfy certain conditions intended to prevent distortion of the internal market. This Directive does not affect the right of the Member States to include emissions of pollutants and other substances in the basis for calculating road traffic taxes on motor vehicles.

(12) Since some of those tax incentives are State aids under Article 87(1) of the Treaty, they would have to be notified to the Commission under Article 88(3) of the Treaty for evaluation in accordance with the relevant criteria of compatibility. The notification of such measures in accordance with this Directive should be without prejudice to the obligation to notify under Article 88(3) of the Treaty.

(13) With the aim of simplifying and accelerating the procedure, the Commission should be entrusted with the task of adopting measures implementing the fundamental provisions laid down in this Directive as well as the measures for adapting the annexes of this Directive to scientific and technical progress.

(14) The measures necessary for the implementation of this Directive and its adaptation to scientific and technical progress should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [30].

[30] OJ L 184, 17.7.1999, p. 23.

(15) The Commission should keep under review the need to introduce emission limits for pollutants which are as yet unregulated and which arise as a consequence of the wider use of new alternative fuels and new exhaust emission control systems.

(16) The Commission should consider the available technology with a view to confirming the mandatory NOx standard for 2008 in a report to the European Parliament and the Council, accompanied, if necessary, by appropriate proposals.

(17) Since the objectives of the proposed action, namely the realisation of the internal market through the introduction of common technical requirements concerning gaseous and particulate emissions for all types of vehicles, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved on a Community level, the Community may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary for that purpose.

(18) The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive change as compared with the earlier Directives. The obligation to transpose the provisions which are unchanged arises under the earlier Directives.

(19) This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex IX, Part B,

88/77/EEC (adapted)

HA VE ADOPTED THIS DIRECTIVE:

1999/96/EC Art. 1(2) (adapted)

Article 1

Definitions

For the purposes of this Directive the following definitions shall apply :

(a) 'vehicle' means any vehicle as defined in Article 2 of Directive 70/156/EEC and propelled by a compression-ignition or gas engine, with the exception of vehicles of category M1 with a technically permissible maximum laden mass less than or equal to 3.5 tonnes ;

(b) 'compression-ignition or gas engine' means the motive propulsion source of a vehicle for which type-approval as a separate technical unit, as defined in Article 2 of Directive 70/156/EEC, may be granted;

(c) "enhanced environment-friendly vehicle (EEV)" means a vehicle propelled by an engine which complies with the permissive emission limit values set out in row C of the Tables in section 6.2.1 of Annex I.

88/77/EEC (adapted)

Article 2

Obligations of the Member States

88/77/EEC (adapted)

91/542/EEC Art. 2(2) and (3) (adapted)

1999/96/EC Art. 2(2) (adapted)

new

1. For types of compression-ignition or gas engines and types of vehicle propelled by compression-ignition or gas engine s, where the requirements set out in Annexes I to VIII are not met and in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row A of the Tables in section 6.2.1 of Annex I, ,

2001/27/EC Art. 2(2) (adapted)

new Member States:

(a) shall refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC; and

(b) shall refuse national type-approval.

.

88/77/EEC (adapted)

91/542/EEC Art. 2(4) (adapted)

1999/96/EC Art. 2(3) (adapted)

2. Except in the case of vehicles and engines intended for export to third countries or replacement engines for in-service vehicles, Member States shall , where the requirements set out in Annexes I to VIII are not met and in particular

where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row A of the Tables in section 6.2.1 of Annex I,

2001/27/EC Art. 2(3) (adapted)

:

(a) consider certificates of conformity which accompany new vehicles or new engines pursuant to Directive 70/156/EEC as no longer valid for the purposes of Article 7(1) of that Directive, and

(b) prohibit the registration, sale, entry into service or use of new vehicles propelled by a compression-ignition or gas engine and the sale or use of new compression-ignition or gas engines..

2001/27/EC Art. 2(4) (adapted)

. 3. Without prejudice to paragraphs 1 and 2, with effect from 1 October 2003 and except in the case of vehicles and engines intended for export to third countries or replacement engines for in-service vehicles, Member States shall , for types of gas engines and types of vehicles propelled by a gas engine which do not comply with the requirements set out in Annexes I to VIII :

(a) consider certificates of conformity which accompany new vehicles or new engines pursuant to Directive 70/156/EEC as no longer valid for the purposes of Article 7(1) of that Directive; and

(b) prohibit the registration, sale, entry into service or use of new vehicles and the sale or use of new engines.

.

88/77/EEC (adapted)

91/542/EEC Art. 2(1) (adapted)

1999/96/EC Art. 2(1) (adapted)

new

4. If the requirements set out in Annexes I to VIII and in Articles 3 and 4 are satisfied, in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine comply with the limit values set out in row B1 or row B2 or with the permissive limit values set out in row C of the Tables in section 6.2.1 of Annex I,,

2001/27/EC Art. 2(1) (adapted)

new no Member State may , on grounds relating to the gaseous and particulate pollutants and opacity of smoke emissions from an engine :

(a) refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC or to grant national type-approval for a type of vehicle propelled by a compression-ignition or gas engine;

(b) prohibit the registration, sale, entry into service or use of new vehicles propelled by a compression-ignition or gas engine ;

(c) refuse to grant EC type-approval for a type of compression-ignition or gas engine;

(d) prohibit the sale or use of new compression-ignition or gas engines

.

2001/27/EC Art. 2(5) (adapted)

1999/96/EC Art. 2(4) (adapted)

new

5. With effect from 1 October 2005, for types of compression-ignition or gas engines and types of vehicle propelled by compression-ignition or gas engines which do not meet the requirements set out in Annexes I to VIII and in Articles 3 and 4 and in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row B1 of the Tables in section 6.2.1 of Annex I , Member States:

(a) shall refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC; and

(b) shall refuse national type-approval.

1999/96/EC Art. 2(5) (adapted)

new

6. With effect from 1 October 2006 and except in the case of vehicles and engines intended for export to third countries or replacement engines for in-service vehicles, Member States shall , where the requirements set out in Annexes I to VIII and in Articles 3 and 4 are not met and in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row B1 of the Tables in section 6.2.1 of Annex I :

(a) consider certificates of conformity which accompany new vehicles or new engines pursuant to Directive 70/156/EEC as no longer valid for the purposes of Article 7(1) of that Directive; and

(b) prohibit the registration, sale, entry into service or use of new vehicles propelled by a compression-ignition or gas engine and the sale or use of new compression-ignition or gas engines.

1999/96/EC Art. 2(6) (adapted)

new

7. With effect from 1 October 2008, for types of compression-ignition or gas engines and types of vehicle propelled by compression-ignition or gas engines which do not meet the requirements set out in Annexes I to VIII and in Articles 3 and 4 and in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row B2 of the Tables in section 6.2.1 of Annex I , Member States:

(a) shall refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC; and

(b) shall refuse national type-approval.

.

1999/96/EC Art. 2(7) (adapted)

new

8. With effect from 1 October 2009 and except in the case of vehicles and engines intended for export to third countries or replacement engines for in-service vehicles, Member States shall , where the requirements set out in Annexes I to VIII and in Articles 3 and 4 are not met and in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row B2 of the Tables in section 6.2.1 of Annex I:

(a) consider certificates of conformity which accompany new vehicles or new engines pursuant to Directive 70/156/EEC as no longer valid for the purposes of Article 7(1) of that Directive; and

(b) prohibit the registration, sale, entry into service or use of new vehicles propelled by a compression-ignition or gas engine and the sale or use of new compression-ignition or gas engines.

.

1999/96/EC Art. 2(8) (adapted)

newÖ 9. Õ In accordance with paragraphe 4 an engine that satisfies the requirements Ö set out in Õ ðAnnexes I to VIII ï, and, Öin particular, complies with Õ the limit values set out in row C of the Tables in section 6.2.1 of Annex I shall be considered as complying with the requirements set out in paragraphs Ö1, 2 and 3Õ;

In accordance with paragraphe 4 an engine that satisfies the requirements Öset out in Õ ðAnnexes I to VIII and in Articles 3 and 4ï andÖ, in particular, complies with Õ the limit values set out in row C of the Tables in section 6.2.1 of Annex I shall be considered as complying with the requirements set out in paragraphs Ö1, 2 and 3 and 5 to 8Õ.

88/77/EEC (adapted)

Article 3

Durability of emission control systems

1999/96/EC Art. 5 (adapted)

new

1. From 1 October 2005 for new type -approvals and from 1 October 2006 for all type -approvals , the manufacturer shall demonstrate that a compression-ignition or gas engine type-approved by reference to the emission limits set out in row B1 or row B2 or row C of the Tables in section 6.2.1. of Annex I will comply with those emission limits for a useful life of:

(a) 100 000 km or five years, whichever is the sooner, in the case of engines to be fitted to vehicles of category N1;

(b) 200 000 km or six years, whichever is the sooner, in the case of engines to be fitted to vehicles of category N2 and M2;

(c) 500 000 km or seven years, whichever is the sooner, in the case of engines to be fitted to vehicles of category N3 and M3.

1999/96/EC Art. 6 (adapted)

2. Th e measures for the implementation of paragraph 1 shall be adopted by [30 June 2004] at the latest .

88/77/EEC (adapted)

Article 4

On-board diagnostic systems

1999/96/EC Art. 4 (adapted)

new

1. From 1 October 2005 for new type -approvals of vehicles and from 1 October 2006 for all type -approvals , a compression-ignition engine type-approved by reference to the emission limit values set out in row B1 or row C of the Tables in section 6.2.1. of Annex I or a vehicle propelled by such an engine shall be fitted with an on-board diagnostic (OBD) system that signals the presence of a fault to the driver if the OBD threshold limits set out in row B1 or row C of the table in paragraph 3 are exceeded .

new

In the case of exhaust after-treatment systems, the OBD system may monitor for major functional failure of any of the following:

(a) a catalyst, where fitted as a separate unit, whether or not it is part of a deNOx system or a diesel particulate filter;

(b) a deNOx system, where fitted;

(c) a diesel particulate filter, where fitted;

(d) a combined deNOx-diesel particulate filter system.

2. From 1 October 2008 for new type-approvals and from 1 October 2009 for all type-approvals, a compression-ignition or a gas engine type-approved by reference to the emission limit values set out in row B2 or row C of the Tables in section 6.2.1 of Annex I, or a vehicle propelled by such an engine shall be fitted with an OBD system that signals the presence of a fault to the driver if the OBD threshold limits set out in row B2 or row C of the Table in paragraph 3 are exceeded.

The OBD system shall also include an interface between the engine electronic control unit (EECU) and any other engine or vehicle electrical or electronic systems that provide an input to or receive an output from the EECU and which affect the correct functioning of the emission control system, such as the interface between the EECU and a transmission electronic control unit.

3. The OBD threshold limits shall be as follows:

>TABLE POSITION>

4. The measures for the implementation of paragraphs 1, 2 and 3 shall be adopted by [30 June 2004] at the latest.

88/77/EEC (adapted)

Article 5

Tax incentives

91/542/EEC Art. 3 (adapted)

1999/96/EC Art. 3 (adapted)

new

1. Member States may make provision for tax incentives only in respect of vehicles which comply with this Directive. Such incentives shall comply with the provisions of the Treaty, as well as with either paragraph 2 or paragraph 3 of this Article .

2. The incentives shall apply to all new vehicles offered for sale on the market of a Member State which comply in advance with the limit values set out in row B1 or B2 of the Tables in section 6.2.1 of Annex I .

They shall be terminated with effect from the mandatory application of the row B1 emission limit values , as laid down in Article 2(6), or from the mandatory application of the row B2 emission limit values , as laid down in Article 2(8) .

3. The incentives 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 C of the Tables in section 6.2.1 of Annex I.

4. In addition to the conditions referred to in paragraph 1 , for each type of vehicle, the incentives shall not exceed the additional cost of the technical solutions introduced to ensure compliance with the limit values set out in row B1 or row B2 or with the permissive limit values set out in row C of the Tables in section 6.2.1 of Annex I, and of their installation on the vehicle.

5. The Member States shall inform the Commission in sufficient time of plans to institute or change the tax incentives referred to in this Article, so that it can submit its observations.

88/77/EEC Art.4 (adapted)

new

Article 6

Implementation measures and amendments

1. The measures necessary for the implementation of Articles 3 and 4 of this Directive shall be adopted by the Commission, assisted by the Committee established by Article 13(1) of Directive 70/156/EEC, in accordance with the procedure referred to in Article 13 (3) of that Directive.

2. Amendments to this Directive which are necessary to adapt it to scientific and tecnical progress shall be adopted by the Commission, assisted by the committee established by Article 13(1) of Directive 70/156/EEC, in accordance with the procedure referred to in Article 13(3) of that Directive.

88/77/EEC Art. 6 (adapted)

Article 7

Review and reports

91/542/EEC Art. 5 (adapted)

91/542/EEC Art. 6 (adapted)

1999/96/EC Art. 7 (adapted)

new

1. The Commission shall review the need to introduce new emission limits applicable to heavy-duty vehicles and engines in respect of pollutants that are as yet unregulated. The review shall be based on the wider market introduction of new alternative fuels and on the introduction of new additive-enabled exhaust emission control systems to meet future standards laid down in this Directive. Where appropriate, the Commission shall submit a proposal to the European Parliament and the Council.

2. T he Commission shall report to the European Parliament and to the Council on the progress in negotiations for a world-wide harmonised duty cycle (WHDC) .

3. T he Commission shall submit a report to the European Parliament and the Council on requirements for the operation of an on-board measurement (OBM) system. On the basis of that report , the Commission shall, where appropriate, submit a proposal for measures to include the technical specifications and corresponding annexes in order to provide for the type-approval of OBM systems which ensure at least equivalent levels of monitoring to OBD systems and which are compatible therewith.

4. The Commission shall consider the available technology with a view to confirming the mandatory NOx standard for 2008 in a report to the European Parliament and to the Council, accompanied, if necessary, by appropriate proposals.

Article 8

Transposition

1. Member States shall adopt and publish, by ... [12 months after the entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with Articles 3 and 4. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

They shall apply those provisions from ... [12 months after the entry into force of this Directive].

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. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directives repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.

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 9

Repeal

The Directives listed in Annex IX, Part A, are repealed with effect from [the day after the date set out in the second subparagraph of Article 8(1)], without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex IX, Part B.

References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex X.

Article 10

Entry into force

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

88/77/EEC Art.7 (adapted)

Article 11

Addressees

This Directive is addressed to the Member States.

Done at Brussels, [...]

For the European Parliament For the Council

The President The President

[...] [...]

1999/96/EC Art.1(3) and Annex

ANNEX I

SCOPE, DEFINITIONS AND ABBREVIATIONS, APPLICATION FOR EC TYPE-APPROVAL, SPECIFICATIONS AND TESTS AND CONFORMITY OF PRODUCTION

1. SCOPE

This Directive applies to the gaseous and particulate pollutants from all motor vehicles equipped with compression-ignition engines and to the gaseous pollutants from all motor vehicles equipped with positive ignition engines fuelled with natural gas or LPG, and to compression-ignition and positive ignition engines as specified in Article 1 with the exception of those vehicles of category N1, N2 and M2 for which type-approval has been granted under Council Directive 70/220/EEC [31], as last amended by Commission Directive 98/77/EC [32].

[31] OJ L 76, 6.4.1970, p. 1.

[32] OJ L 286, 23.10.1998, p. 1.

2. DEFINITIONS AND ABBREVIATIONS

For the purposes of this Directive:

2.1. 'test cycle' means a sequence of test points each with a defined speed and torque to be followed by the engine under steady state (ESC test) or transient operating conditions (ETC, ELR test);

2.2. 'approval of an engine (engine family)' means the approval of an engine type (engine family) with regard to the level of the emission of gaseous and particulate pollutants;

2.3. 'diesel engine' means an engine which works on the compression-ignition principle;

'gas engine' means an engine which is fuelled with natural gas (NG) or liquid petroleum gas (LPG);

2.4. 'engine type' means a category of engines which do not differ in such essential respects as engine characteristics as defined in Annex II to this Directive;

2.5. 'engine family' means a manufacturers grouping of engines which, through their design as defined in Annex II, Appendix 2 to this Directive, have similar exhaust emission characteristics; all members of the family must comply with the applicable emission limit values;

2.6. 'parent engine' means an engine selected from an engine family in such a way that its emissions characteristics will be representative for that engine family;

2001/27/EC Art. 1 and Annex, point 1

2.7. 'gaseous pollutants' means carbon monoxide, hydrocarbons (assuming a ratio of CH1,85 for diesel, CH2,525 for LPG and CH2,93 for NG (NMHC), and an assumed molecule CH3O0,5 for ethanol-fuelled diesel engines), methane (assuming a ratio of CH4 for NG) and oxides of nitrogen, the last named being expressed in nitrogen dioxide (NO2) equivalent;

'particulate pollutants' means any material collected on a specified filter medium after diluting the exhaust with clean filtered air so that the temperature does not exceed 325 K (52 °C);

1999/96/EC Art. 1(3) and Annex (adapted)

2.8 'smoke' means particles suspended in the exhaust stream of a diesel engine which absorb, reflect, or refract light;

2.9 'net power' means the power in EC kW obtained on the test bench at the end of the crankshaft, or its equivalent, measured in accordance with the EC method of measuring power as set out in Commission Directive 80/1269/EEC [33], as last amended by Directive 97/21/EC [34];

[33] OJ L 375, 31.12.1980, p. 46.

[34] OJ L 125, 16.5.1997, p. 31.

2.10. 'declared maximum power (Pmax)' means the maximum power in EC kW (net power) as declared by the manufacturer in his application for type-approval;

2.11. 'per cent load' means the fraction of the maximum available torque at an engine speed;

2.12. 'ESC test' means a test cycle consisting of 13 steady state modes to be applied in accordance with section 6.2 of this Annex;

2.13. 'ELR test' means a test cycle consisting of a sequence of load steps at constant engine speeds to be applied in accordance with section 6.2 of this Annex;

2.14. 'ETC test' means a test cycle consisting of 1 800 second-by-second transient modes to be applied in accordance with section 6.2 of this Annex;

2.15. 'engine operating speed range' means the engine speed range, most frequently used during engine field operation, which lies between the low and high speeds, as set out in Annex III to this Directive;

2.16. 'low speed (nloo)' means the lowest engine speed where 50% of the declared maximum power occurs;

2.17. 'high speed (nhi)' means the highest engine speed where 70% of the declared maximum power occurs;

2.18. 'engine speeds A, B and C' means the test speeds within the engine operating speed range to be used for the ESC test and the ELR test, as set out in Annex III, Appendix 1 to this Directive;

2.19. 'control area' means the area between the engine speeds A and C and between 25 to 100 per cent load;

2.20. 'reference speed (nref)' means the 100 per cent speed value to be used for denormalising the relative speed values of the ETC test, as set out in Annex III, Appendix 2 to this Directive;

2.21. 'opacimeter' means an instrument designed to measure the opacity of smoke particles by means of the light extinction principle;

2.22. 'NG gas range' means one of the H or L range as defined in European Standard EN 437, dated November 1993;

2.23. 'self adaptability' means any engine device allowing the air/fuel ratio to be kept constant;

2.24. 'recalibration' means a fine tuning of an NG engine in order to provide the same performance (power, fuel consumption) in a different range of natural gas;

2.25. 'Wobbe Index (lower Wl; or upper Wu)' means the ratio of the corresponding calorific value of a gas per unit volume and the square root of its relative density under the same reference conditions:

>REFERENCE TO A GRAPHIC>

2.26. 'ë-shift factor (Së)' means an expression that describes the required flexibility of the engine management system regarding a change of the excess-air ratio ë if the engine is fuelled with a gas composition different from pure methane (see Annex VII for the calculation of Së);

2001/27/EC Art. 1 and Annex, point 1 (adapted)

. 2.27 'defeat device' means a device which measures, senses or responds to operating variables (e.g. vehicle speed, engine speed, gear used, temperature, intake pressure or any other parameter) for the purpose of activating, modulating, delaying or deactivating the operation of any component or function of the emission control system such that the effectiveness of the emission control system is reduced under conditions encountered during normal vehicle use unless the use of such a device is substantially included in the applied emission certification test procedures.

1999/96/EC Art. 1 and Annex

Such a device will not be regarded as a defeat device if:

- the need for the device is justified temporarily to protect the engine against intermittent operating conditions that could lead to damage or failure and no other measures are applicable for the same purpose which do not reduce the effectiveness of the emission control system;

- the device operates only when needed during engine starting and/or warming-up and no other measures are applicable for the same purpose which do not reduce the effectiveness of the emission control system.

Figure 1

Specific definitions of the test cycles

>REFERENCE TO A GRAPHIC>

2001/27/EC Art. 1 and Annex, point 2 (adapted)

. 2.28. 'auxiliary control device' means a system, function or control strategy installed to an engine or on a vehicle, that is used to protect the engine and/or its ancillary equipment against operating conditions that could result in damage or failure, or is used to facilitate engine starting. An auxiliary control device may also be a strategy or measure that has been satisfactorily demonstrated not to be a defeat device;

. 2.29 'irrational emission control strategy' means any strategy or measure that, when the vehicle is operated under normal conditions of use, reduces the effectiveness of the emission control system to a level below that expected on the applicable emission test procedures.

1999/96/EC Art. 1(3) and Annex (adapted)

1 2001/27/EC Art. 1 and Annex, point 3

1 2.30 Symbols and abbreviations

1 2.30.1 Symbols for test parameters

>TABLE POSITION>

2001/27/EC Art. 1 and Annex, point 3 (adapted)

. 2.30.2 . Symbols for chemical components

>TABLE POSITION>

1999/96/EC Art. 1(3) and Annex (adapted)

1 2001/27/EC Art. 1 and Annex, point 3

1 2.30.3. Abbreviations

>TABLE POSITION>

3. APPLICATION FOR EC TYPE-APPROVAL

3.1. Application for EC Type-Approval for a Type of Engine or Engine Family as a Separate Technical Unit

3.1.1. The application for approval of an engine type or engine family with regard to the level of the emission of gaseous and particulate pollutants for diesel engines and with regard to the level of the emission of gaseous pollutants for gas engines shall be submitted by the engine manufacturer or by a duly accredited representative.

3.1.2. It shall be accompanied by the undermentioned documents in triplicate and the following particulars:

3.1.2.1. A description of the engine type or engine family, if applicable, comprising the particulars referred to in Annex II to this Directive which conform to the requirements of Articles 3 and 4 of Directive 70/156/EEC.

3.1.3. An engine conforming to the "engine type" or "parent engine" characteristics described in Annex II shall be submitted to the technical service responsible for conducting the approval tests defined in section 6.

3.2. Application for EC Type-Approval for a Vehicle Type in Respect of its Engine

3.2.1. The application for approval of a vehicle with regard to emission of gaseous and particulate pollutants by its diesel engine or engine family and with regard to the level of the emission of gaseous pollutants by its gas engine or engine family shall be submitted by the vehicle manufacturer or a duly accredited representative.

3.2.2. It shall be accompanied by the undermentioned documents in triplicate and the following particulars:

3.2.2.1. A description of the vehicle type, of the engine-related vehicle parts and of the engine type or engine family, if applicable, comprising the particulars referred to in Annex II, along with the documentation required in application of Article 3 of Directive 70/156/EEC,

3.3. Application for EC Type-Approval for a Vehicle Type with an Approved Engine

3.3.1. The application for approval of a vehicle with regard to emission of gaseous and particulate pollutants by its approved diesel engine or engine family and with regard to the level of the emission of gaseous pollutants by its approved gas engine or engine family shall be submitted by the vehicle manufacturer or a duly accredited representative.

3.3.2. It shall be accompanied by the undermentioned documents in triplicate and the following particulars:

3.3.2.1. a description of the vehicle type and of engine-related vehicle parts comprising the particulars referred to in Annex II, as applicable, and a copy of the EC Type-Approval Certificate (Annex VI) for the engine or engine family, if applicable, as a separate technical unit which is installed in the vehicle type, along with the documentation required in application of Article 3 of Directive 70/156/EEC.

2001/27/EC Art. 1 and Annex, point 4

4. EC TYPE-APPROVAL

4.1. Granting of a universal fuel EC type-approval

A universal fuel EC type-approval is granted subject to the following requirements.

4.1.1. In the case of diesel fuel the parent engine meets the requirements of this Directive on the reference fuel specified in Annex IV.

4.1.2. In the case of natural gas the parent engine should demonstrate its capability to adapt to any fuel composition that may occur across the market. In the case of natural gas there are generally two types of fuel, high calorific fuel (H-gas) and low calorific fuel (L-gas), but with a significant spread within both ranges; they differ significantly in their energy content expressed by the Wobbe Index and in their ë-shift factor (Së). The formulae for the calculation of the Wobbe index and Së are given in sections 2.25 and 2.26. Natural gases with a ë-shift factor between 0,89 and 1,08 (0,89  Së  1,08) are considered to belong to H-range, while natural gases with a ë-shift factor between 1,08 and 1,19 (1,08  Së  1,19) are considered to belong to L-range. The composition of the reference fuels reflects the extreme variations of Së.

The parent engine shall meet the requirements of this Directive on the reference fuels GR (fuel 1) and G25 (fuel 2), as specified in Annex IV, without any readjustment to the fuelling between the two tests. However, one adaptation run over one ETC cycle without measurement is permitted after the change of the fuel. Before testing, the parent engine shall be run-in using the procedure given in paragraph 3 of Appendix 2 to Annex III.

4.1.2.1. On the manufacturer's request the engine may be tested on a third fuel (fuel 3) if the ë-shift factor (Së) lies between 0,89 (i.e. the lower range of GR) and 1,19 (i.e. the upper range of G25), for example when fuel 3 is a market fuel. The results of this test may be used as a basis for the evaluation of the conformity of the production.

4.1.3. In the case of an engine fuelled with natural gas which is self-adaptive for the range of H-gases on the one hand and the range of L-gases on the other hand, and which switches between the H-range and the L-range by means of a switch, the parent engine shall be tested on the relevant reference fuel as specified in Annex IV for each range, at each position of the switch. The fuels are GR (fuel 1) and G23 (fuel 3) for the H-range of gases and G25 (fuel 2) and G23 (fuel 3) for the L-range of gases. The parent engine shall meet the requirements of this Directive at both positions of the switch without any readjustment to the fuelling between the two tests at each position of the switch. However, one adaptation run over one ETC cycle without measurement is permitted after the change of the fuel. Before testing the parent engine shall be run-in using the procedure given in paragraph 3 of Appendix 2 to Annex III.

4.1.3.1. At the manufacturer's request the engine may be tested on a third fuel instead of G23 (fuel 3) if the ë-shift factor (Së) lies between 0,89 (i.e. the lower range of GR) and 1,19 (i.e. the upper range of G25), for example when fuel 3 is a market fuel. The results of this test may be used as a basis for the evaluation of the conformity of the production.

4.1.4. In the case of natural gas engines, the ratio of the emission results "r" shall be determined for each pollutant as follows:

>REFERENCE TO A GRAPHIC>

or,

>REFERENCE TO A GRAPHIC>

and,

>REFERENCE TO A GRAPHIC>

4.1.5. In the case of LPG the parent engine should demonstrate its capability to adapt to any fuel composition that may occur across the market. In the case of LPG there are variations in C3/C4 composition. These variations are reflected in the reference fuels. The parent engine should meet the emission requirements on the reference fuels A and B as specified in Annex IV without any readjustment to the fuelling between the two tests. However, one adaptation run over one ETC cycle without measurement is permitted after the change of the fuel. Before testing, the parent engine shall be run-in using the procedure defined in paragraph 3 of Appendix 2 to Annex III.

4.1.5.1. The ratio of emission results "r" shall be determined for each pollutant as follows:

>REFERENCE TO A GRAPHIC>

4.2. Granting of a fuel range restricted EC type-approval

Fuel range restricted EC type-approval is granted subject to the following requirements.

4.2.1. Exhaust emissions approval of an engine running on natural gas and laid out for operation on either the range of H-gases or on the range of L-gases

The parent engine shall be tested on the relevant reference fuel, as specified in Annex IV, for the relevant range. The fuels are GR (fuel 1) and G23 (fuel 3) for the H-range of gases and G25 (fuel 2) and G23 (fuel 3) for the L-range of gases. The parent engine shall meet the requirements of this Directive without any readjustment to the fuelling between the two tests. However, one adaptation run over one ETC cycle without measurement is permitted after the change of the fuel. Before testing the parent engine shall be run-in using the procedure defined in paragraph 3 of Appendix 2 to Annex III.

4.2.1.1. At the manufacturer's request the engine may be tested on a third fuel instead of G23 (fuel 3) if the ë-shift factor (Së) lies between 0,89 (i.e. the lower range of GR) and 1,19 (i.e. the upper range of G25), for example when fuel 3 is a market fuel. The results of this test may be used as a basis for the evaluation of the conformity of the production.

4.2.1.2. The ratio of emission results "r" shall be determined for each pollutant as follows:

>REFERENCE TO A GRAPHIC>

or,

>REFERENCE TO A GRAPHIC>

and,

>REFERENCE TO A GRAPHIC>

4.2.1.3. On delivery to the customer the engine shall bear a label (see paragraph 5.1.5) stating for which range of gases the engine is approved.

4.2.2. Exhaust emissions approval of an engine running on natural gas or LPG and laid out for operation on one specific fuel composition

4.2.2.1. The parent engine shall meet the emission requirements on the reference fuels GR and G25 in the case of natural gas, or the reference fuels A and B in the case of LPG, as specified in Annex IV. Between the tests fine-tuning of the fuelling system is allowed. This fine-tuning will consist of a recalibration of the fuelling database, without any alteration to either the basic control strategy or the basic structure of the database. If necessary the exchange of parts that are directly related to the amount of fuel flow (such as injector nozzles) is allowed.

4.2.2.2. At the manufacturer's request the engine may be tested on the reference fuels GR and G23, or on the reference fuels G25 and G23, in which case the type-approval is only valid for the H-range or the L-range of gases respectively.

4.2.2.3. On delivery to the customer the engine shall bear a label (see paragraph 5.1.5) stating for which fuel composition the engine has been calibrated.

4