WRITTEN QUESTION E-3273/02

by Bernd Lange (PSE)and Christa Randzio-Plath (PSE) to the Commission

(19 November 2002)

Subject: Obligation to submit a report on on-board measurement systems pursuant to Directive 98/69/EC

New OBM developments now monitor emissions more accurately than the OBD procedure.

This was already mentioned in Directive 98/69/EC(1), which called for a report to be submitted by 30 June 2002, inter alia on requirements for the operation of an on-board measurement system (OBM).

1. Is the Commission aware that, pursuant to Article 4(1), second subparagraph of Directive 98/69/EC, it owes Parliament and the Council a report on this subject?

2. Why has the Commission not yet submitted this report?

3. What steps has the Commission taken to fulfil its obligation?

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

Answer given by Mr Liikanen on behalf of the Commission

(10 January 2003)

Article 4 paragraph 1 of Parliament and Council Directive 98/69/EC(1), amending Council Directive 70/220/EEC, requires the Commission to submit a report, by 30 June 2002, to the Parliament and the Council

on the development of on-board diagnostic (OBD) systems, giving its opinion on the need for an extension of the OBD procedure and on requirements for the operation of an on-board monitoring (OBM) system. On the basis of the report the Commission will submit, a proposal for measures to enter into force no later than 1 January 2005 to include the technical specifications and corresponding annexes in order to provide for the type-approval of OBM systems ensuring at least equivalent levels of monitoring to the OBD system and which shall be compatible with these systems.

The Commission is fully aware of the content of Directive 98/69/EC and the many tasks that are laid down in this area. The subject of OBD is one of continuous evolution and this has been reflected in the amendments to the basic prescriptions for OBD that are laid down in Directive 98/69/EC. On the basis of a Commission proposal, the Parliament and the Council decided on Directive 2001/1/EC(2). In addition, two Commission Directives (1999/102/EC(3) and 2002/80/EC(4)) have been agreed through the comitology procedure to clarify the application of OBD to gas fuelled vehicles and introduce several technical amendments to enhance the practical application of OBD.

The Commission is presently preparing another amendment to the OBD requirements to introduce the OBD threshold limits applicable to vehicles equipped with petrol engines from 2005 and to further improve the application of OBD with respect to annual roadworthiness testing. This proposal should be presented to the legislators in the first half of 2003.

On the specific issue of OBM systems, the Commission has not submitted the report called for in the second sub-paragraph of Article 4(1) of Directive 98/69/EC as it is still reviewing the state of development of OBM, which has not been as strong as was foreseen when Directive 98/69/EC was agreed. It is presently of the opinion that there is no device or system that could be regarded as providing an OBM capability that would complement an OBD system in a cost effective manner. It has had discussions with major suppliers of OBD systems and exhaust gas sensors who have clearly stated that the development of new sensor technology, some of which are already being applied on new vehicles, already constitutes an effective OBM capability, within the constant evolution of OBD systems.

As part of the review of the state of development, the Commission has also had several discussions with certain parties seeking to develop OBM systems and seen demonstrations of their OBM systems. While the developments are notable, the Commission is of the opinion that such developments still have a long way to go and certainly do not provide a basis on which to make any justifiable and cost-effective proposal to the Parliament and Council.

However, in order to partly fulfil its obligation at this time the Commission will soon present the results of its discussions with relevant stakeholders in an interim report to the Parliament and Council.

(1) OJ L 292, 28.12.1998.

(2) OJ L 35, 6.2.2001.

(3) OJ L 334, 28.12.1999.

(4) OJ L 291, 28.10.2002.