WRITTEN QUESTION E-0460/03

by Bernd Lange (PSE) to the Commission

(19 February 2003)

Subject: Compliance with emission standards for heavy goods vehicles (Directive 1999/96/EC)

Directive 1999/96/EC(1) lays down EURO III (from 1 October 2000), EURO IV (from 1 January 2005) and EURO V (from 1 October 2008) standards for exhaust emissions from heavy goods vehicles. An increasing

number of reports are now appearing in the press of modern engines that can be electronically controlled in such a way that they only comply with exhaust emission limits during the test procedure. In other circumstances, however, emissions increase dramatically, so that these modern engines produce an even higher level of pollutants than their forerunners.

Is the Commission aware of this problem?

How does the Commission view this in legal terms? Is this not a case of cycle-beating and therefore legally improper?

What steps does the Commission intend to take?

(1) OJ L 44, 16.2.2000, p. 1.

Answer given by Mr Liikanen on behalf of the Commission

(26 March 2003)

The issue of cycle beating is well known to the Commission and section 6.1.1. of Annex I to Directive 1999/96/E(1) specifically forbids the use of defeat devices (according to the definition in the Directive).

In 2000, the Commission became aware that two heavy-duty engines with a Euro III type-approval, which are only required to be tested on the European Steady-State Cycle (ESC) were showing higher than expected emissions when tested on the European Transient Cycle (ETC). The engines were suspected of using electronic manipulation to improve performance or fuel consumption. In order to avoid a situation similar to that which occurred in the United States only relatively recently, steps were taken by the Commission to introduce Directive 2001/27/EC(2) to strengthen the requirements against the use of defeat devices.

These new requirements require manufacturers to disclose, at the time of type-approval to the type-approval authority or technical services, all their electronic strategies and justify why certain manipulations may be used for valid reasons such as engine protection and cold starting but within closely defined operating conditions. The commercial confidentiality of such information has to be respected by the type-approval authority and technical services. In order to verify whether any of these strategies should be considered a defeat device, the type-approval authority or technical service may require an additional oxides of nitrogen (NOX) screening test using the ETC. This would be an additional test for Euro III engines. Euro IV and Euro V engines have in any case to be tested on both the ESC and ETC.

As an alternative to disclosing all this information, the manufacturer may present the results of a NOX screening test together with a statement that the engine does not employ any defeat device or irrational control strategy according to the definitions in Directive 2001/27/EC.

Member States have been applying the measures contained in Directive 2001/27/EC since 1 October 2001 and compliance is mandatory for all new registrations from 1 October 2003. This Directive also requires all Euro III engines that were type-approved before Directive 2001/27/EC came in to force to be re-approved against the new measures. This may be done through an extension of the type-approval.

The Commission believes that this package of measures will provide a strong disincentive against the use of defeat devices, the ultimate penalty for non-compliance being, of course, withdrawal of the type-approval.

The Commission is also working in the United Nations Economic Committee for Europe (UN-ECE) to develop a Global Technical Regulation detailing measures to protect against the use of defeat devices on new heavy-duty vehicles.

Moreover, the Commission is preparing proposals to supplement the Euro IV emission standards with new technical tests (as required in Directive 1999/96/EC) and several projects are looking at the differences between actual in-use emissions and the type-approval limits. As part of the supplement to the Euro IV emission standards, a test for in-use conformity of a heavy-duty vehicle emission control system is being assessed and it is most likely that a procedure will be developed allowing authorities to fit a heavy-duty vehicle with a data recording device to measure emissions while a vehicle is actually used on the road. When used in combination with the type-approval test, this additional on-road test will provide a strong control of emissions under all possible operating conditions.

However, heavy-duty engines may still be tampered with through the purchase of so-called performance chips or engine calibration programmes. A forthcoming amendment to Directive 88/77/EEC is being prepared, that should offer improvements against tampering, especially with engine management systems for new vehicles.

(1) Directive 1999/96/EC of the 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 OJ L 44, 16.2.2000.

(2) 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 OJ L 107, 18.4.2001.