Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE amending Council Directive 78/548/EEC on the approximation of the laws of the Member States relating to heating systems for the passenger compartment of motor vehicles (presented by the Commission pursuant to Article 250 (2) of the EC-Treaty)

EXPLANATORY MEMORANDUM

In the light of the European Parliaments opinion [1] of the 13 April 1999 on the proposal for a European Parliament and Council Directive on heating systems for motor vehicles [2] and in accordance with Article 250 of the EC Treaty, the Commission has decided to amend that proposal.

[1] PE 278.537, p. 43

[2] COM (1998) 526 final

The objective of the initial proposal is to extend the scope of Council Directive 78/548/EEC to include not only M1 vehicles (passenger cars) but all vehicle categories M, N and O (vehicles for the carriage of passengers or goods, and trailers). Improved provisions for conventional heating systems are proposed. Additionally, new safety and environmental prescriptions for combustion heaters, which function independently of the propulsion engine, are introduced, which assure that such devices comply with the highest standards consistent with current technology. Thirdly, the proposal aligns the administrative provisions of this Directive to those of the framework Directive establishing the type-approval procedure for motor vehicles and trailers (Council Directive 70/156/EEC).

The Commission has accepted 6 amendments, which constitute mainly clarifications to the initial text. Additionally, the Commission has accepted 3 amendments relating to specific safety issues:

_ An amendment saying that not only the driver but also the passengers should not be able to come into contact with parts of the vehicle or heated air liable to cause burns.

_ An amendment concerning gaseous fuel combustion heaters equipped with an automatic flame supervision device and introducing a reduced ignition and switching time for the supply of fuel in case of emergency.

_ An amendment, stating that, in the case a notice at the fuelling pint is not suitable, such notice should fixed at the drivers door area, warning users of combustion heaters that the heater must be shut down during refuelling.

The Commission has rejected 2 amendments:

_ Requesting the Commission to draw up proposal for tests on the efficiency of combustion heaters by 1 October 2001. The Commission has the opinion that in this issue, market forces will ensure a high level of efficiency and that there is no need for regulatory action. Also, the compliance of combustion heaters with the requirements of the Directive will ensure a high level of safety and environmental protection, consistent with current technology. If, in the future, particular problems or innovations would change this situation, the Commission will be informed by the national approval authorities in the established working groups and will act subsequently.

_ Introducing alternative prescriptions for the conditions in which a combustion heater may be positioned in the passenger compartment of M2 and M3 vehicles. The proposed wording is representing an analogous or maybe even lower safety level to the provisions which are proposed in the Commission proposal. In particular, it is not sure that the proposed wording will have the same level of safety with regards to risks of fire. Furthermore, the amendment is more design restrictive without any need.

Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE amending Council Directive 78/548/EEC on the approximation of the laws of the Member States relating to heating systems for the passenger compartment of motor vehicles (Text with EEA relevance)

Annex I, Appendix 1, item 9.10.5.3 (new)

9.10.5.3 Maximum current consumption in kW

Annex II, item 2.10

Initial text

2.10 "Gaseous fuel" includes fuels that are gaseous at normal temperature and pressure, such as liquefied petroleum gas (LPG) and compressed natural gas (CNG).

Amended text

2.10 "Gaseous fuel" includes fuels that are gaseous at normal temperature and pressure (273.2 K and 101.33 kPa), such as liquefied petroleum gas (LPG) and compressed natural gas (CNG).

Annex II, item 2.11

Initial text

2.11 "Overheating" means the condition that exists when the air inlet to the combustion heater is completely blocked.

Amended text

2.11 "Overheating" means the condition that exists when the heating air inlet to the combustion heater is completely blocked.

Annex II, item 3.2, second indent

Initial text

- the driver of the vehicle, during road use, will not be able to come into contact with parts of the vehicle or heated air liable to cause burns, and

Amended text

- the driver and passengers, during road use, will not be able to come into contact with parts of the vehicle or heated air liable to cause burns, and

Annex IV, item 1.1

Initial text

1.1 Operate the heater for one hour at maximum output in conditions of still air (wind speed 2 m/s), with all windows closed and, in the case of a combustion heater, the propulsion engine switched off. If, however, having selected the maximum output the heater switches off automatically in less than an hour, the measurements may be made earlier.Amended text1.1 Operate the heater for one hour at maximum output in conditions of still air (wind speed 2 m/s), with all windows closed and, in the case of a combustion heater, the propulsion engine switched off. If, however, having selected the maximum output the heater switches off automatically in less than an hour, the measurements may be made before switch off.Annex IV, item 2.0Initial text2.0 In the case of combustion heaters as components the following test shall be carried out:Amended text2.0 In the case of combustion heaters as components the following test shall be carried out after the tests of Annex V, Annex VI and item 1.3 of Annex VII:

Annex VI, item 1

Initial text

1. Operate heater for one hour at maximum output in conditions of still air (wind speed 2 m/s) and an ambient temperature 20 ± 10 ºC. If, however, having selected the maximum output the heater switches off automatically in less than an hour, the measurements may be made earlier.Amended text1. Operate heater for one hour at maximum output in conditions of still air (wind speed 2 m/s) and an ambient temperature 20 ± 10 ºC. If, however, having selected the maximum output the heater switches off automatically in less than an hour, the measurements may be made before switch off.Annex VII, item 1.2Initial text1.2 Safety equipment shall be installed (either as part of the combustion heater or as part of the vehicle) to control the operation of every combustion heater in an emergency. It shall be designed such that, if no flame is obtained at start-up or if the flame goes out during operation, the ignition and switching times for the supply of fuel are not exceeded by 4 minutes in the case of liquid fuel heaters or 1 minute in the case of gaseous fuel heaters.

Amended text

1.2 Safety equipment shall be installed (either as part of the combustion heater or as part of the vehicle) to control the operation of every combustion heater in an emergency. It shall be designed such that, if no flame is obtained at start-up or if the flame goes out during operation, the ignition and switching times for the supply of fuel are not exceeded by 4 minutes in the case of liquid fuel heaters or in the case of gaseous fuel heaters 1 minute in case of thermoelectric flame supervision device respectively 10 seconds in case of automatic flame supervision device.

Annex VII, item 2.3.3

Initial text

2.3.3 A notice, indicating that the heater must be shut down before refuelling, shall be affixed if possible to the fuelling point or a suitable instruction included in the manufacturer's operating manual.

Amended text

2.3.3 A notice, indicating that the heater must be shut down before refuelling, shall be affixed to the fuelling point or if not suitable to the design it shall be fixed to the drivers door area where it is clearly visible when the door is open. Also a suitable instruction shall be included in the manufacturer's operating manual.