EN Official Journal of the European Union CE 88/431

(2004/C 88 E/0436)

WRITTEN QUESTION E-2677/03

by Bernd Lange (PSE) to the Commission

(10 September 2003)

Subject: Circumventing more stringent exhaust emission values by unsuitable categorisation

It would appear that heavy vehicles weighing over 2,5 tonnes, such as off-road vehicles (SUVs), which are overwhelmingly used as private motor vehicles (category Ml), are increasingly being registered as light-duty vehicles (category N1) on account of their weight.

Will this practice not lead to the limits for private motor vehicles EURO III/EURO IV set out in Directive 98/69/EC (1) being circumvented? How does the Commission plan to deal with this?

When will the Commission present an amendment to Directive 70/156/EEC (2) on type-approval of motor vehicles and their trailers and to Directive 70/220/EEC (3) as amended by 98/69/EC (table, annex I, item 13, section 5.3.1.4., footnote 2), to close this loophole?

Answer given by Mr Liikanen on behalf of the Commission

(8 October 2003)

The possibility for category Ml vehicles whose maximum mass exceeds 2 500 kilogrammes (kg) to be type-approved according to the less stringent emission limits for category N1 vehicles has been included in Directive 70/220/EEC (4) for some time. This practice was continued through an agreement between the legislators in the conciliation procedure that resulted in Directive 98/69/EC (5). This Directive also gave such category Ml vehicles one extra year to comply with the relevant Euro III or Euro IV emission limits.

The Commission has no information at this time to confirm the numbers of passenger cars whose maximum mass exceeds 2 500 kg including off-road vehicles (e. g. 4 x 4 or Sport Utility Vehicles — (SUV's)) being registered as category N1 vehicles or whether off-road vehicles are being deliberately designed to cross the 2 500 kg threshold and thereby comply with less stringent emission standards.

With respect to type-approval, the categorisation depends on the maximum mass for the vehicle declared by the manufacturer. Vehicle manufacturers determine the category for their vehicle types as a function of the construction features and in accordance with the provisions of Annex II to Directive 70/156/EEC (6).

On 14 July 2003, the Commission adopted a proposal (7) for a recasting of Directive 70/156/EEC that aims to extend Community type-approval to all categories of vehicles. It is proposed that Community type-approval would be compulsory for new types of complete vehicles belonging to category N1 from 1 January 2007.

The Commission is aware that there are concerns over the possibility that heavy passenger cars are being type-approved in accordance with the emission limits for category N1 and thereby comply with less stringent requirements than they otherwise might. Therefore, in the framework of its future proposal for more stringent emission standards (a proposal for Euro V) the Commission will be examining whether it is appropriate to remove the distinction between category M1 vehicles that are above and below 2 500 kg.

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

(2) OJ L 42, 23.2.1970, p. 1.

(3) OJ L 76, 6.4.1970, p. 1.

(4) Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from positive-ignition engines of motor vehicles.

(5) Directive 98/69/EC of the Parliament and of the Council of 13 October 1998 relating to measures to be taken against air pollution by emissions from motor vehicles and amending Council Directive 70/220/EEC.

(6) 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.

(7) COM(2003)418 final.