Amended proposal for a European Parliament and Council Directive amending Directive 88/77/EEC on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from diesel engines for use in vehicles (1) (1999/C 43/05) (Text with EEA relevance) COM(1998) 776 final - 97/0350(COD)

(Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 17 December 1998)

The Commission's proposal COM(97) 627 of 3 December 1997 is hereby amended as follows:

1. After the 14th recital the following new recital is added as follows:

'Whereas it is necessary to enable the labelling and marking of LPG delivery pumps so that operators are aware of the specification of the LPG fuel being sold and to establish a European specification for the quality of LPG fuel;`

2. Article 1 is amended as follows:

'Article 1

For the purposes of this Directive:

- "vehicle" means any vehicle as defied in Annex II, Section A to Directive 70/156/EEC propelled by a diesel or gas engine, with the exception of vehicles of category M1 with a reference mass less than or equal to 3,5 tonnes,

- "diesel 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, can be granted,

- "EEV" means enhanced environmentally friendly vehicle which is a vehicle propelled by an engine which complies with the permissive emission target values given in rows B of the tables given in point 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive.`

3. Article 2 is amended as follows:

'Article 2

1. From 1 October 1999 no Member State may, on grounds relating to the gaseous and particulate pollutants and opacity of smoke emissions from an engine:

- refuse to grant EC type-approval, or to issue the document provided for in the last indent of Article 10(1) of Directive 70/156/EEC, as last amended by Commission Directive 98/14/EC (*), or to grant national type-approval for a type of vehicle propelled by a diesel or gas engine, or

- prohibit the registration, sale, entry into service or use of such new vehicles, or

- refuse to grant EC type-approval for a type of diesel or gas engine, or

- prohibit the sale or use of new diesel or gas engines,

if the appropriate requirements of the Annexes to Directive 88/77/EEC, as amended by this Directive, 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 either rows A or the target values set out in rows B of the tables in point 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive.

2. With effect from 1 October 2000, Member States may:

- no longer grant EC type-approval or issue the document provided for in the last indent of Article 10(1) of Directive 70/156/EEC; and

- shall refuse national type-approval,

for types of diesel or gas engines and types of vehicle propelled by a diesel or gas engine 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 rows A of the tables in point 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive.

3. With effect from 1 October 2001 and except vehicles and engines intended for export to third countries, Member States shall:

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

- prohibit the registration, sale, entry into service and use of new vehicles propelled by a diesel or gas engine and the sale and use of new diesel or gas engines,

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 rows A of the tables in point 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive.

4. In accordance with paragraph 1, an engine that satisfies the appropriate requirements of the Annexes to Directive 88/77/EEC, as amended by this Directive and that meets the emission target values set out in rows B of the tables in Section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive, shall be considered as complying with the requirements of paragraphs 2 and 3.

(*) OJ L 91, 25.3.1998, p. 1.`

4. Article 3 is amended as follows:

'Article 3

Member States may make provision for tax incentives only in respect of motor vehicles which comply with Directive 88/77/EEC, as amended by this Directive. Such incentives shall meet the provisions of the Treaty as well as the following conditions:

1. They shall apply to all new vehicles offered for sale on the market of a Member State which comply in advance with the applicable mandatory limit values set out in rows A of the tables in point 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive.

They shall be terminated with effect from the mandatory application of the emission limit values laid down in Article 2(3) for new vehicles.

2. They shall apply to all new vehicles offered for sale on the market of a Member State which comply with the emission target values set out in rows B of the tables in point 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive.

For each type of vehicle, they shall be of an amount lower than the additional cost of the technical solutions introduced to ensure compliance with the limit values set out in either rows A or the target values set out in rows B of the tables in Section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive, and of their installation on the vehicle.

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

5. Article 4 is amended as follows:

'Article 4

The Commission shall propose to the European Parliament and the Council a further tightening of the emission standards of vehicles or engines falling within the scope of this Directive no later than 12 months after the date of entry into force of this Directive, but in any event no later than 31 December 1999.

The proposal shall take account of:

- the review programme detailed in Article 3 of Directive 98/69/EC (*) of the European Parliament and of the Council and Article 9 of Directive 98/70/EC (**) of the European Parliament and of the Council,

- the development of diesel engine and gas engine emission control technology, regard being had to the interdependence of such technology with fuel quality,

- the development of a worldwide harmonised test cycle for type-approval testing,

- on-board diagnostic (OBD) systems for heavy-duty engines,

- relevant durability provisions,

- appropriate limits for pollutants currently non-regulated as a consequence of the widespread introduction of new alternative fuels.

The proposal shall aim at achieving substantial reductions of pollutant emissions as regards the vehicles and engines covered by this Directive. The reduced limit values shall not apply before 1 October 2005 for new type approvals.

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

(**) OJ L 350, 28.12.1998, p. 58.`

6. The following line is added at the bottom of the 'Table of Contents`:

'ANNEX VIII Specific technical requirements relating to ethanol fuelled diesel engines.`

7. Point 2.7 in Annex I is amended as follows:

'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).`

8. In section 2, insert new point 2.27 in Annex I, as follows:

'2.27. EEV means enhanced environmentally friendly vehicle which is a type of vehicle propelled by an engine complying with the permissive emission target values given in rows B of the tables in Section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive.`

9. In Annex I the titles for Sections 2.27 and 2.27.1 are re-numbered as follows. The title for sections 2.27.2 and 2.27.3 are re-numbered as follows and the tables in those sections are amended to read as follows:

'2.28. Symbols and abbreviations

2.28.1. Symbols for test parameters

2.28.2. Symbols for the chemical components

>TABLE>

2.28.3. Abbreviations

>TABLE>

`10. The following subsections of point 4 in Annex I are amended as follows:

'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. The composition of the reference fuels reflects the variations of those parameters.

The parent engine shall meet the requirements of this Directive on the reference fuels G20/GR (1), 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.

4.1.3. 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 two relevant reference fuels as specified in Annex IV for each range, at each position of the switch. The fuels are G20/GR (fuel 1) and G23 (fuel 2) for the H-range of gases, G23 (fuel 1) and G25 (fuel 2) 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 test 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. On the manufacturer's request the engine may be tested on a third fuel (fuel 3) if the ë-shift factor (Së) lies between those of the fuels G20/GR and 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.

(1) In the case of an EEV-approval to the emission target values given in rows B of the tables in Section 6.2.1 of this Annex, fuel GR is to be used instead of fuel G20.`11. A new point 4.1.5 is added as follows:

'4.1.5. In the case of ethanol fuel the parent engine meets the requirements of this Directive on the reference fuel specified in Annex IV.`

12. The following subsections of point 4 in Annex I are amended to read as follows:

'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 two relevant reference fuels as specified in Annex IV for the relevant range. The fuels are G20/GR (fuel 1) and G23 (fuel 2) for the H-range of gases, G23 (fuel 1) and G25 (fuel 2) for the L-range of gases. The parent engine shall meet the emission requirements 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.`

'4.2.2.1. The parent engine shall meet the emission requirements on the reference fuels G20/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. If the manufacturer so desires the engine may be tested on the reference fuels G20/GR and G23, or G23 and G25, in which case the type approval is only valid for the H-range or the L-range of gases respectively.`

13. The following new point 5.1.5 in Annex I is inserted as follows:

'5.1.5. In the case of an EEV approved engine the marking "EEV" shall be placed after the EC type-approval number (if applicable after the letter(s) indicating the gas range of an NG engine).`

14. In Annex I, points 5.1.5 and 5.1.5.1 are replaced by the following:

'5.1.6. Labels

5.1.6.1. NG and LPG fuelled engines

In the case of NG and LPG fuelled engines with a fuel range restricted type-approval, the following labels are applicable:

5.1.6.1.1. Content

The following information must be given:

In the case of paragraph 4.2.1.3, the label shall state "ONLY FOR USE WITH NATURAL GAS RANGE H". If applicable, "H" is replaced by "L".

In the case of paragraph 4.2.2.3, the label shall state "ONLY FOR USE WITH NATURAL GAS SPECIFICATION . . ." or "ONLY FOR USE WITH LIQUEFIED PETROLEUM GAS SPECIFICATION . . .", as applicable. All the information in the appropriate table(s) in Annex IV shall be given with the individual constituents and limits specified by the engine manufacturer.

The letters and figures must be at least 4 mm in height.

5.1.6.2. EEV engines

In the case of engines which comply with the emission limits of rows B of the tables given in Section 6.2.1 of this Annex, the following EEV label is applicable.

5.1.6.2.1. Content

In addition to the "$" symbol the label shall state "ENVIRONMENTALLY FRIENDLY (EEV)" and the number of this Directive as shown in the example below:

>REFERENCE TO A GRAPHIC>

The letters and figures must be at least 4 mm in height.`

15. In Annex I, points 5.1.5.2 and 5.1.5.3 are re-numbered as 5.1.6.3 and 5.1.6.4 and amended as follows:

'5.1.6.3. Properties

Labels must be durable for the useful life of the engine. Labels must be clearly legible and their letters and figures must be indelible. Additionally, labels must be attached in such a manner that their fixing is durable for the useful life of the engine, and the labels cannot be removed without destroying or defacing them.

5.1.6.4. Placing

Labels must be secured to an engine part necessary for normal engine operation and not normally requiring replacement during engine life. Additionally, these labels must be located so as to be readily visible to the average person after the engine has been completed with all the auxiliaries necessary for engine operation.

An EEV label may be attached to a vehicle only if an EEV-approved engine is installed in that vehicle.`

16. In Annex I, points 5.2 and 5.3 are amended as follows:

'5.2. In the case of an application for EC type-approval for a vehicle type in respect of its engine, the marking specified in point 5.1.6.1 shall also be placed close to the fuel filling aperture.

5.3. In the case of an application for EC type-approval for a vehicle type with an approved engine, the marking specified in point 5.1.6.1 shall also be placed close to the fuel filling aperture.`

17. In Annex I, point 6.2 is amended as follows:

'6.2. Specifications concerning the emission of gaseous and particulate pollutants and smoke

The emissions shall be determined on the ESC and ELR tests with conventional diesel engines including those fitted with electronic fuel injection equipment, exhaust gas recirculation (EGR), and/or oxidation catalysts. Diesel engines fitted with advanced exhaust after treatment systems including deNOx catalysts and/or particulate traps, shall additionally be tested on the ETC test. For gas engines, the gaseous emissions shall be determined on the ETC test; the particulate emission is not subject to testing. The ESC and ELR test procedures are described in Annex III, Appendix 1; the ETC test procedure in Annex III, Appendices 2 and 3.

The emissions of gaseous pollutants and particulate pollutants, if applicable, and smoke, if applicable, by the engine submitted for testing shall be measured by the methods described in Annex III, Appendix 4. Annex V describes the recommended analytical systems for the gaseous pollutants, the recommended particulate sampling systems, and the recommended smoke measurement system.

Other systems or analysers may be approved by the technical service if it is found that they yield equivalent results on the respective test cycle. The determination of system equivalency shall be based upon a seven sample pair (or larger) correlation study between the system under consideration and one of the reference systems of this Directive. For particulate emissions only the full flow dilution system is recognised as the reference system. "Results" refer to the specific cycle emissions value. The correlation testing shall be performed at the same laboratory, test cell, and on the same engine, and is preferably to be run concurrently. The equivalency criterion is defined as a ± 5 % agreement of the sample pair averages. For introduction of a new system into the Directive the determination of equivalency shall be based upon the calculation of repeatability and reproducibility, as described in ISO 5725.`

18. In Annex I, point 6.2.1 is amended as follows:

'6.2.1. Limit values

Diesel engines

The specific masses of the carbon monoxide, of the total hydrocarbons, of the oxides of nitrogen and of the particulates, as determined on the ESC test, and of the smoke opacity, as determined on the ELR test, shall not exceed the amounts shown in table 1.

>TABLE>

Diesel and gas engines

For diesel engines that are additionally tested on the ETC test, and specifically for gas engines, the specific masses of the carbon monoxide, of the non-methane hydrocarbons, of the methane (where applicable), of the oxides of nitrogen and of the particulates (where applicable) shall not exceed the amounts shown in table 2.

>TABLE>

`

19. In Annex I, point 6.2.2.1 is amended as follows:

'6.2.2.1. A manufacturer may choose to measure the mass of total hydrocarbons on the ETC test instead of measuring the mass of non-methane hydrocarbons. In this case, the limit for the mass of total hydrocarbons is the same as shown in table 2 for the mass of non-methane hydrocarbons.`

20. Annex IV is amended to read as follows:

'ANNEX IV

TECHNICAL CHARACTERISTICS OF REFERENCE FUEL PRESCRIBED FOR APPROVAL TESTS AND TO VERIFY CONFORMITY OF PRODUCTION

1.1. DIESEL FUEL (1)[. . .]

>TABLE>

2. NATURAL GAS (NG)

European market fuels are available in two ranges:

- the H range, whose extreme reference fuels are G20/GR (1) and G23,

(1) Reference fuel G20 may not be extreme enough with regard to the ë-shift factor (Së) in order to cover certain gas compositions, for example North Sea H2 and Prop-Air mixtures. Therefore, in the case of an EEV-approval to the emission target values given in rows B of the tables in point 6.2.1 of this Annex, fuel GR is to be used instead of fuel G20.

- the L range, whose extreme reference fuels are G23 and G25.

The characteristics of G20, GR, G23 and G25 reference fuels are summarised below:

>TABLE>

>TABLE>

>TABLE>

>TABLE>

3. LIQUEFIED PETROLEUM GAS (LPG)

>TABLE>

`

21. Annex VI is amended as follows:

'SECTION I

0.5. Category of engine: diesel/NG fuelled/LPG fuelled/ethanol fuelled diesel (1): . . .

Appendix

1.1.5. Category of engine: diesel/NG fuelled/LPG fuelled/ethanol fuelled diesel (1): . . .`22. A new Annex VIII is added as follows:

'ANNEX VIII

SPECIFIC TECHNICAL REQUIREMENTS RELATING TO ETHANOL FUELLED DIESEL ENGINES

In the case of ethanol fuelled diesel engines the following specific modifications to equations and factors will apply to the test procedures defined in Annex III to this Directive.

In Annex III, Appendix 1:

4.2. Dry/wet correction

FFH = >NUM>1,877

>DEN>(1 + 2,577 * >NUM>GFUEL

>DEN>GAIRW

)

4.3. NOx correction for humidity and temperature

KH,D = >NUM>1

>DEN>1 + A * (Ha - 10,71) + B * (Ta - 298)

with,

A = 0,181 GFUEL/GAIRD - 0,0266

B = -0,123 GFUEL/GAIRD + 0,00954

Ta = temperature of the air, K

Ha = humidity of the intake air, g water per kg dry air

4.4. Calculation of the emission mass flow rates

The emission mass flow rates (g/h) for each mode shall be calculated as follows, assuming the exhaust gas density to be 1,272 kg/m3 at 273 K (0 °C) and 101,3 kPa:

(1) NOx mass = 0,001613 * NOx conc * KH,D * GEXHW

(2) COmass = 0,000982 * COconc * GEXHW

(3) HCmass = 0,000809 * HCconc * GEXHW

where NOx conc, COconc, HCconc (1) are the average concentrations (ppm) in the raw exhaust gas, as determined in point 4.1.

If, optionally, the gaseous emissions are determined with a full flow dilution system, the following formulae shall be applied:

(1) NOx mass = 0,001587 * NOx conc * KH,D * GTOTW

(2) COmass = 0,000966 * COconc * GTOTW

(3) HCmass = 0,000795 * HCconc * GTOTW

where NOx conc, COconc, HCconc (1) are the average background corrected concentrations (ppm) of each mode in the diluted exhaust gas, as determined in Annex III, Appendix 2, point 4.3.1.1.

In Annex III, Appendix 2:

Sections 3.1, 3.4, 3.8.3, and 5 of Appendix 2 do not apply solely to diesel engines. They also apply to ethanol fuelled diesel engines.

4.2. The conditions for the test should be arranged so that the air temperature and the humidity measured at the engine intake is set to standard conditions during the test run. The standard should be 6 ± 0,5 g water per kg dry air at a temperature interval of 298 ± 3 K. Within these limits no further NOx correction should be made. The test is void if these conditions are not met.

4.3. Calculation of the emission mass flow

4.3.1. Systems with constant mass flow

For systems with heat exchanger, the mass of the pollutants (g/test) shall be determined from the following equations:

(1) NOx mass = 0,001587 * NOx conc * KH,D * MTOTW (ethanol fuelled engines)

(2) COmass = 0,000966 * COconc * MTOTW (ethanol fuelled engines)

(3) HCmass = 0,000794 * HCconc * MTOTW (ethanol fuelled engines)

where

NOx conc, COconc, HCconc (1), NMHCconc = average background corrected concentrations over the cycle from integration (mandatory for NOx and HC) or bag measurement, ppm

MTOTW = total mass of diluted exhaust gas over the cycle as determined in section 4.1, kg

4.3.1.1. Determination of the background corrected concentrations:

The average background concentration of the gaseous pollutants in the dilution air shall be subtracted from measured concentrations to get the net concentrations of the pollutants. The average values of the background concentrations can be determined by the sample bag method or by continuous measurement with integration. The following formula shall be used.

conc = conce - concd * (1 - (1/DF))

where:

conc = concentration of the respective pollutant in the diluted exhaust gas, corrected by the amount of the respective pollutant contained in the dilution air, ppm

conce = concentration of the respective pollutant measured in the diluted exhaust gas, ppm

concd = concentration of the respective pollutant measured in the dilution air, ppm

DF = dilution factor

The dilution factor shall be calculated as follows:

DF = >NUM>FS

>DEN>CO2 conce + (HCconce + COconce) * 10-4

where,

CO2 conce = concentration of CO2 in the diluted exhaust gas, % vol

HCconce = concentration of HC in the diluted exhaust gas, ppm C l

COconce = concentration of CO in the diluted exhaust gas, ppm

FS = stoichiometric factor

Concentrations measured on dry basis shall be converted to a wet basis in accordance with Annex III, Appendix 1, point 4.2.

The stoichiometric factor shall, for the general fuel composition CHáOâNã, be calculated as follows:

FS = 100 * >NUM>1

>DEN>1 + >NUM>á

>DEN>2

+ 3,76 * (1 + >NUM>á

>DEN>4

- >NUM>â

>DEN>2

) + >NUM>ã

>DEN>2

Alternatively, if the fuel composition is not known, the following stoichiometric factors may be used:

Fs (ethanol) = 8,4.

4.3.2. Systems with flow compensation

For systems without heat exchanger, the mass of the pollutants (g/test) shall be determined by calculating the instantaneous mass emissions and integrating the instantaneous values over the cycle. Also, the background correction shall be applied directly to the instantaneous concentration value. The following formulae shall be applied:

>START OF GRAPHIC>

(1) NOxmass = Óni = 1 (MTOTW, i × NOxconce, i × 0,001587) - (MTOTW × NOxconcd × (1 - 1/DF) × 0,001587)>END OF GRAPHIC>

>START OF GRAPHIC>

(2) COmass= Óni = 1 (MTOTW, i × COconce, i × 0,000966) - (MTOTW × COconcd × (1 - 1/DF) × 0,000966)>END OF GRAPHIC>

>START OF GRAPHIC>

(3) HCmass= Óni = 1 (MTOTW, i × HCconce, i × 0,000749) - (MTOTW × HCconcd × (1 1/DF) × 0,000749)>END OF GRAPHIC>

where:

conce = concentration of the respective pollutant measured in the diluted exhaust gas, ppm

concd = concentration of the respective pollutant measured in the dilution air, ppm

MTOTW, i = instantaneous mass of the diluted exhaust gas (see point 4.1), kg

MTOTW = total mass of diluted exhaust gas over the cycle (see point 4.1), kg

DF = dilution factor as determined in point 4.3.1.1.

4.4. Calculation of the specific emissions

The emissions (g/kWh) shall be calculated for all individual components in the following way:

>START OF GRAPHIC>

NOx>END OF GRAPHIC>

= NOx mass / Wact

>START OF GRAPHIC>

CO>END OF GRAPHIC>

= CO mass / Wact

>START OF GRAPHIC>

HC>END OF GRAPHIC>

= HC mass / Wact

where

Wact = actual cycle work as determined in point 3.9.2, kWh.

(1) Based on C1 equivalent.`

(1) OJ C 173, 8.6.1998, p. 1.