Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Directive 70/220/EEC concerning measures to be taken against air pollution by emissions from motor vehicles

(presented by the Commission)

EXPLANATORY MEMORANDUM

A. Objective of the Proposal

The objective of the proposal is to amend Directive 70/220/EC, as last amended by Directive 1999/102/EC, to complete the low temperature emission limit values applicable to vehicles with positive-ignition engines. This proposal provides low temperature limit values applicable to new types of light commercial vehicles (category N1) of weight class II (greater than 1,305 kg up to and including 1,760 kg) and weight class III (greater than 1,760 kg) that are equipped with positive-ignition engines. The proposal also brings into the scope of the low temperature test new types of passenger cars (category M1) equipped with positive-ignition engines that are designed to carry more than six occupants and passenger cars equipped with positive-ignition engines with a maximum mass greater than 2,500 kg. Such passenger cars were previously excluded from the scope of the low temperature test given in Directive 70/220/EEC, as amended by Directive 98/69/EC.

B. Legal Basis

The measures are proposed on the basis of Article 95 of the EC Treaty. The measures form part of the European type-approval system for passenger cars and light commercial vehicles and compliance will be mandatory for new approvals to be issued by national authorities. This legislative approach is fully supported by the operators in the market.

The text is relevant for the EEA agreement.

C. Background

An exhaust catalyst can effect a level of emission reduction as soon as a vehicle is started, and gradually increase that emission reduction as the vehicle system warms-up. However, the catalyst will take a period of time to achieve its 'light-off' temperature, i.e. the temperature at which the catalyst is hot enough to reduce pollutant emissions with optimal efficiency. The oxygen (or lambda) sensor, which controls the air-fuel ratio to the stoichiometric level necessary for optimum catalyst efficiency, is also affected by temperature.

The amount of energy necessary to heat the lambda sensor to an operating temperature is less than that for the catalyst but the time taken to reach catalyst light-off depends on a number of factors. For example, the broad range of operational conditions experienced by a vehicle could be described by (a) a vehicle started on a cold winter morning and subject immediately to stop-start urban driving, or (b) a vehicle started on a warm summer morning and subject immediately to high speed driving on the motorway. Such conditions clearly influence the time taken for the engine to warm-up, the rate of increase of exhaust temperature and hence the rate of heat transfer between the exhaust gas and the catalyst (and the lambda sensor).

It is well documented that a lot of trips made in urban areas can be relatively short such that a catalyst can have difficulty achieving its light-off temperature. During such trips the tailpipe emissions can be relatively high on a g/km basis. In fact the major proportion of tailpipe emissions from a vehicle occur during the catalyst warm-up phase. To reduce overall trip emissions the time taken to achieve catalyst light-off should be reduced.

In order to provide for a test that imposes conditions that directly influence catalyst light-off, Directive 70/220/EEC, as amended by Directive 98/69/EC, introduced a low temperature test to measure the emissions of carbon monoxide (CO) and hydrocarbons (HC). This low temperature test is conducted at an ambient temperature of -7º Celsius over the part one urban driving cycle (consisting of four repeats of the elementary urban cycle) according to Figure III.1.1. of Annex III, Appendix 1 to Directive 70/220/EEC.

Directive 98/69/EC restricts the scope of the low temperature test to new types of vehicles of category N1 of weight class I (less than or equal to 1,305 kg) which are equipped with positive-ignition engines and new types of vehicles of category M1, except vehicles designed to carry more than six occupants and vehicles whose maximum mass exceeds 2,500 kg. The applicable limit values for the low temperature test are 15 g/km for CO and 1.8 g/km for HC and are applicable to all new types of such vehicles from the 1 January 2002 (the limit values are applicable to all types of such vehicles from the 1 January 2006).

Article 3(1) to Directive 98/69/EC requires the Commission to come forward with a proposal to confirm the low temperature emission limits applicable to vehicles of category N1 class II and III equipped with positive-ignition engines where, as defined in section 5.3.5. of Annex I to Directive 98/69/EC, such limit values should apply to [new types] of such vehicles no later than 2003.

D. Involvement of interested parties

1. Position of the Member States

Experts of Member States have been informed of the content of this proposal through the Commission's consultative group, the Motor Vehicle Emission Group (MVEG). A majority of the experts are supportive of the proposal.

2. Position of the Parliament rapporteur

[....]

3. Position of industry

The motor industry have been involved from the earliest discussions and have been an important contributor of relevant test data. They are supportive of the Commission's proposal.

E. Basis and content of the proposal

A limited number of current production vehicles of category N1 class II and III and 'heavy' vehicles of category M1 all equipped with positive-ignition engines were tested at normal ambient temperature (approximately 22º Celsius) and at a low ambient temperature of -7º Celsius. From these test results, ratios between the emissions of CO and HC at normal ambient temperature and the emissions of CO and HC at low ambient temperature were determined. Using these ratios, equivalent low temperature emission limits were calculated from the low temperature emission limits applicable to vehicles of category M1 and category N1 class I as defined in section 5.3.5.2. of Annex I to Directive 98/69/EC. This test data shows a clear difference between the measured emissions for class II and class III vehicles; it is therefore appropriate that different limits should apply for the two weight classes.

The vehicle types subject to this proposal - category N1 class II and III vehicles equipped with positive-ignition engines - are sold in low volumes throughout the EU; the great majority of such vehicles are equipped with a diesel engine. To comply with low temperature emission limits, these vehicles with positive-ignition engines will require additional development and hardware that will, of course, impose an additional cost on the manufacturer. However, it is understood that there will be further development of emission control systems for these vehicle types in the lead time for these measures to apply, so lower limit values than those calculated using this procedure can indeed be proposed.

Therefore, in response to the mandate given by Article 3(1) and section 5.3.5. of Annex I to Directive 98/69/EC, the Commission proposes that low temperature emission limits for CO and HC be proposed for the following vehicles equipped with positive-ignition engines:

-Vehicles of category N1 of weight class II (greater than 1,305 kg up to and including 1,760 kg);

-Category N1 of weight class III (greater than 1,760 kg).

Category M1 vehicles designed to carry more than six occupants and vehicles whose maximum mass exceeds 2,500 kg, which were previously exempt, are brought into the scope of the low temperature test.

In addition, and to align with the test for tailpipe emissions, the low temperature test shall apply to vehicles of category M or N equipped with positive-ignition engines having a maximum mass not exceeding 3,500 kg.

The proposed low temperature limit values for vehicles of category N1 class II and III are shown in bold in the table below:

>TABLE POSITION>

From 1 January 2003, these limit values shall be applicable to new types of vehicles of category N1 class II and III which are equipped with a positive-ignition engines and vehicles of category M1 equipped with positive-ignition engines and that are designed to carry more than six occupants or have a maximum mass exceeding 2,500 kg.

While Directive 70/220/EEC, as amended by Directive 98/69/EC, applied the low temperature test to vehicles equipped with positive-ignition engines, it is appropriate to distinguish between such vehicles that only use petrol or only use a gaseous fuel such as liquefied petroleum gas (LPG) or natural gas (NG) or use both petrol and either LPG or natural gas NG.

In this respect, it is proposed that vehicles that run only on a gaseous fuel (LPG or NG) be exempt from the low temperature test. In addition, vehicles that can be fuelled with both petrol and a gaseous fuel, but where the petrol system is fitted for emergency purposes or starting only and where the petrol tank cannot contain more than 15 litres of petrol, will be regarded as vehicles that can only run on a gaseous fuel and will therefore also be exempt from the low temperature test.

Vehicles that use petrol and either LPG or NG will be tested, for the purpose of the low temperature test, on petrol only.

F. Subsidiarity

1. Objective of the proposed measures in relation to the obligations placed upon the Commission

The objective of the measures is to adapt existing measures to the technical progress as well as to new knowledge in the field of environment. These existing measures have largely contributed to achieving the harmonisation of the Community vehicle market since 1988. Their adaptation is explicitly requested by Directive 98/69/EC and is an element of a global consensus which had permitted the adoption of the previous Directive.

2. Compared competence of the Community and of the Member States

With Council Directive 89/458/EEC, the Community decided to harmonise all emission related requirements for new vehicle approval on the basis of total harmonisation. The matter is therefore an issue of exclusive Community competence.

3. Forms of action available for the Community

The only realistic form of action is legislation based on a Directive or a Regulation. As a separate Directive permitting the application of the EC type approval put in place by Directive 70/156/EEC, as last amended by Directive 98/91/EC, the proposal adopts the legal requirements necessary in this sector.

4. Availability of an approach with general objectives leaving execution to Member States

A uniform detailed directive is necessary to be coherent with the requirements of the framework Directive 70/156/EEC, as last amended by Directive 98/91/EC.

G. Conclusions

This proposal for a Directive of the European Parliament and of the Council ensures the highest degree of environmental protection while being consistent with an economically sound global approach and realistic technical capabilities.

The proposal will contribute to the improved protection of public health within the Community by setting ambitious but realistic objectives, while giving sufficient lead time to the automobile and component industries to develop and implement the necessary technologies.

2000/0211 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Council Directive 70/220/EEC concerning measures to be taken against air pollution by emissions from motor 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 [1],

[1] OJ C

Having regard to the opinion of the Economic and Social Committee [2],

[2] OJ C

Acting in accordance with the procedure laid down in Article 251 of the Treaty [3],

[3] Opinion of the European Parliament of...., Council common position of.... and Decision of the European Parliament of.....

Whereas:

(1) 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 vehicles [4], as last amended by Commission Directive 1999/102/EC [5] 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 [6], as last amended by Directive 98/91/EC of the European Parliament and of the Council [7].

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

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

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

[7] OJ L 11, 16.1.1999, p.25.

(2) Directive 70/220/EEC, as amended by Directive 98/69/EC [8], introduced specific emission limits for carbon monoxide and hydrocarbons in combination with a new test to measure those emissions at low temperatures in order to adapt the behaviour of the emission control system of vehicles of category M1 and category N1 class I with positive-ignition engines to the ambient conditions experienced in practice.

[8] OJ L 350, 28.12.1998, p.1.

(3) The Commission have determined appropriate low temperature emission limits for vehicles of category N1 class II and III with positive-ignition engines. It is now also appropriate to include within the scope of the low temperature test vehicles of category M1 with positive-ignition engines designed to carry more than six occupants and vehicles of category M1 with positive-ignition engines whose maximum mass exceeds 2,500 kg, which were previously excluded.

(4) Due to their emission characteristics, it is appropriate to exempt vehicles with positive-ignition engines that run only on gas fuel (LPG or NG) from the low temperature test. Vehicles where the petrol system is fitted for emergency purposes or starting only and where the petrol tank cannot contain more than 15 litres of petrol, should be regarded as vehicles that can only run on a gaseous fuel.

(5) It is appropriate to align the test for low temperature emissions with the test for emissions at a normal ambient temperature. The test at low temperature is therefore restricted to vehicles of category M and N with a maximum mass not exceeding 3,500 kg.

(6) Directive 70/220/EEC should be amended accordingly.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Annexes I and VII to Directive 70/220/EEC are amended in accordance with the Annex to this Directive.

Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2001. They shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference at the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the texts of the main provisions of the national law that they adopt in the field governed by this Directive.

Article 3

This Directive shall enter into force on the [third] day following its publication in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

ANNEX AMENDMENTS TO ANNEX I TO DIRECTIVE 70/220/EEC

1. Section 5.3.5. is modified as follows:

Footnote (1) is deleted.

2. Section 5.3.5.1. is replaced by the following:

'5.3.5.1. This test must be carried out on all vehicles of category M1 and N1 equipped with a positive-ignition engine except such vehicles that only run on a gaseous fuel (LPG or NG). Vehicles that can be fuelled with both petrol and a gaseous fuel, but where the petrol system is fitted for emergency purposes or starting only and of which the petrol tank cannot contain more than 15 litres of petrol will be regarded for the Type VI test as vehicles that can only run on a gaseous fuel.

Vehicles which can be fuelled with petrol and either LPG or NG shall be tested in the test Type VI on petrol only.

From 1 January 2002, this section is applicable to new types of vehicles of category M1 and N1 class I, except vehicles designed to carry more than six occupants and vehicles whose maximum mass exceeds 2,500 kg.

From 1 January 2003, this section is applicable to new types of vehicles of category N1 class II and III and vehicles designed to carry more than six occupants and vehicles whose maximum mass exceeds 2,500 kg.'

3. The table in section 5.3.5.2. is replaced by the following table:

>TABLE POSITION>

AMENDMENTS TO ANNEX VII TO DIRECTIVE 70/220/EEC

4. The first sentence of section 1 is modified as follows:

'1. This Annex applies only to vehicles with positive-ignition engines as defined in section 5.3.5. of Annex I.'

5. The first sentence of section 2.1.1 is modified as follows:

'2.1.1. This chapter deals with the equipment needed for low ambient temperature exhaust emission tests on vehicles equipped with positive-ignition engines, as defined in section 5.3.5. of Annex I.'

6. Footnote (1) in section 4.3.3. is deleted.