RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 70/220/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO MEASURES TO BE TAKEN AGAINST AIR POLLUTION BY EMISSIONS FROM MOTOR VEHICLES ( EUROPEAN EMISSION STANDARDS FOR CARS BELOW 1.4 LITRES ) ( PRESENTED BY THE COMMISSION PURSUANT TO ARTICLE 149.2 ( D ) OF THE EEC TREATY )
Date: 1989-05-11
Institutions: European Commission
Subjects: European standard, air quality, approximation of laws, environmental protection, motor vehicle, motor vehicle pollution

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM  (89) 257  final  - SYN 115 

Brussels,11  May 1989 

Re-examined  proposal  for a 

COUNCIL  DIRECTIVE 

amending  Directive  70/220/EEC  on the approximation  of the laws 

of the Member  States  relating to measures to be taken 

against  air pollution by emissions  from  motor  vehicles 

(European  emission  standards for cars below 1.4 liters) 

(presented by the Commission  pursuant  to Article 149.2  (d) 
of the EEC Treaty) 

-  2  -

Explanatory  Memorandum 

i nt roduct i on 

1.  In  accordance  with  Directive  8 8 / 7 6 / E E C,  on  10  February  1988 

the  Commission  submitted  a  proposal  (COM(87)706  final)  to 

the  Council  amending  Directive  70/220/EEC  in  order  to 

establish  the  second  stage  of  "European  s t a n d a r d s ",  for  cars 

with  an  engine  capacity  of  less  than  1.4  litres.  The 

implementation  dates  were  October  1992  for  new  vehicle  types 

and  1st  October  1993  for  all  new  vehicles  entering  into 

s e r v i c e.  The  proposed  directive  provided  for  optional 

harmon i zat ion. 

2.  At  its  meeting  of  24  November  1988,  the  Council  reached  a 

common  p o s i t i o n,  largely  following  the  original  Commission 

proposa i. 

3.  The  second  reading  by  the  European  Parliament  on  12  April 

1989  concerned  the  common  position  of  the  C o u n c i l. 

Substantial  amendments,  largely  in  line  with  Parliament's 

position  on  the  first  reading,  were  discussed  and  adopted  by 

an  overwhelming  absolute  m a j o r i t y. 

In  addition,  Parliament 

voted  In  favour  of  total  h a r m o n i z a t i o n. 

The  Commission  declared  Itself  ready  to  accept  these 

amendments  In  substance  and  to  go  even  further  with  respect 

to  the  dates  of  entry  Into  force  of  the  second  stage  and  to 

p r o p o se  Immediately  more  severe  "European  s t a n d a r d s"  for  a 

third  s t a g e,  and  to  amend  its  proposal  a c c o r d i n g l y. 

The  European  Parliament  did  not  only  amend  the  directive 

proposal  on  small  cars  below  1.4  litres  but  also  voted  more 

stringent  limit  v a l u e s,  dates  and  also  total  harmonization 

for  the  medium  and  large  sized  cars  covered  by  directive 

8 8 / 7 6 / E E C. 

-  3 -

The  Commission  declared  itself  ready  to  accept  In  substance 

these  amendments  as  well  and  to  present  to  the  Council 

bef.ore  the  end  of  1989  an  additional  proposal,  amending  this 

latter  directive  accordingly. 

This  new  proposal  will  be  based  on  an  improved  European  test 

procedure  to  which  a high  speed  extra-urban  driving  sequence 

will  be  added  as  requested  by  the  Council. 

Re-examined  proposal 

5. The  re-examined  proposal  on  small  cars  below  1.4  litres 

contains  the  following  elements  by  way  of  amendment  to  the 

common  position  of  24  November  1988 : 

a) The  recognition  that  technology  is available  to  allow 

further  reduction  in  the  limit  values  for  all  engine 

s i zes  (fifth  rec I ta I). 

b) The  anticipated  total  harmonization  of  the  limit  values 

of  the  second  stage  proposed  within  the  common  position  : 

-  from  1.1.1991  for  all  models  being  type-approved  and 

-  from  1.10.1991  for  ail  new  vehicles  entering  into 

serv ice 

not  to  exceed  the  following  limit  values  : 

.  for  type  approval 

30.0  g/test  for  CO 

8.0  g/test  for  HC  • NOx 

.  for  control  of  conformity  of  production  : 

36.0  g/test  for  CO 

10.0  g/test  HC  + NOx. 

-  4  -

c) A  third  stage  of  more  severe  "European  standards"  (in 

line  with  the  European  Parliament's  amendments)  providing 

for  total  harmonization  of  the  limit  values  : 

-  from  1.1.1993  for  all  new  models  being  type-approved 

and 

from  1.10.1993  for  all  new  vehicles  entering  Into 

•"-".service- 

•-, --.-"------•- 

- 

- 

- 

-- 

-•-  • 

not  to exceed  the  following  limit  values  : 

.  for  type  approvaI 

19.0  g/test  for  CO 

5.0  g/test  for  HC  + NOx 

. f or  control  of  conformity  of  production  : 

22.0  g/test  for  CO 

5.8  g/test  for  HC  +  NOx. 

Just If i cat ion 

6.  Article  100A  S  3 obliges  the  Commission  to  take  "as  a  basis 

a  high  level  of  protection"  In making  new  proposals.  For 

reasons  of  industrial  constraints  it  Is not  realistic  to 

apply  before  1.1.1993  for  the  whole  Community  production 

more  severe  "European  standards"  which  are  at  least  as 

severe  as  those  In  force  in  the  United  States  at  Federal 

level  and  as  those  voted  by  the  European  Parliament. 

Therefore  an  Intermediate  second  stage  on  the  basis  of  the 

limit  values  laid  down  In  the  common  position  is  proposed 

which  should  be  Implemented  at  the  earliest  date  possible. 

I.e.  1.1.1991,  so  as  to  largely  benefit  to  the  European 

environment.  In conjunction  with  the  total  harmonization 

foreseen. 

-  5 -

7.  From  a  technical  point  of  view  these  "European  standards" 

can  be  fulfilled,  for  the  time  being,  by  the  application  of 

technology  as  used  for  vehicles  being  destined  for  the  US 

market,  i ^.  equipped  with  a  three-way  catalyst  and  closed 

loop  control.  However,  Community  directives  do  not  Impose 

the  application  of  specific  technologies  and  therefore  do 

not  preclude  the  development  of  alternative  technologies. 

8.  The  European  automobile  industry  has  proved  that  it  has 

mastered  the  engine  technology  required  to  comply  with  the 

limit  values  under  5  above  and  is already  providing  a  number 

of  markets  with  vehicles  equipped  with  this  technology.  in 

order  to  ensure  early  information  and  preparation  of  the 

automobile  industry  on  future  emission  control  requirements, 

it  is  important  to  lay  down  without  further  delay,  proposals 

for  the  third  stage.  The  early  total  harmonization  of  these 

new  values  for  this  third  stage  by  1.1.1993 will  help 

industry  to  strengthen  its  competitive  position  in  the 

European  and  international  markets,  in parallel  with  a  high 

level  of  environmental  protection. 

9.  Like  all  Community  directives  In  the  field  of  motor  vehicle 

emissions  the  latest  adopted  directive  88/76/EEC  provides 

for  optional  harmonization.  Op  to  now  only  some  Member 

States  have  Incorporated  into  their  laws  these  provisions 

for  mandatory  application  at  national  level  in  line with  the 

dates.set,  thus  depriving  a  large  part  of  the  population  of 

the  benefits  of  existing  Commun 11y  leg I s I at Ion,  and  leading 

to  an  extreme  fragmentation  of  the  EEC  market  In  terms of 

emission  requirements. 

-  6  -

In  the  Interest  of  a  more  efficient  protection  of  public 

health  and  of  the  environment  as  well  as  with  a  view  to  the 

regulatory  unity  of  the  internal  market  for  motor  vehicles, 

it  is  therefore  necessary  to  provide  for  total  harmonization 

and  to  require  the  same  degree  of  protection  as  offered 

already  to-day  In  some  third  countries. 

10.Indeed,  the  present  situation  where,  under  a  system  of 

optional  harmonization,  the  successive  Community 

requirements  for  the  various  categories  of  cars  are 

duplicated  In  a  number  of  Member  States  by  national 

requirements  which  diverge  in  stringency  and/or 

Implementation  dates,  not  only  Is  detrimental  to  the  overall 

environmental  effect  of  the  emission  legislation,  but  also 

creates  additional  constraints  for  the  Investment  and 

production  planning  of  the  Industry  and  causes  obvious 

diseconomies  of  scale. 

-  7 -

Re-examined  proposal  for a 

-  COUNCIL  DIRECTIVE 

amending  Directive  70/220/EEC  on  the  approximation  of  the  laws 

of  the  Member  States  relating  to measures  to  be  taken  against 

air  pollution  by  emissions  from  motor  vehicles 

(European  emission  standards  for  cars  below  1.4  litres) 

T.u£ COUNCIL  OF  THE  EUROPEAN  COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European  Economic 

Community,  and  In particular  Article  100A  thereof, 

Having  regard  to  the  proposal  from  the  Commission, 

in  cooperation  with  the  European  Parliament'1), 

Having  regard  to  the  opinion  of  the  Economic  and  Social 
Comm i ttee2* , 

Whereas  it  is  important  to  adopt  measures  with  the  aim  of 

progressively  establishing  the  internal  market  over  a  period 

expiring  on  31  December  1992; whereas  the  internal  market  shai 

comprise  an  area  without  internal  frontiers  in which  the  free 

movement  of  goods,  services  and  capital  is ensured*. 

Whereas  the  first  programme  of  action  of  the  European 

Communities  on  the  protection  of  the  environment,  approved  by 

the  Council  on  22  November  1973,  called  for  account  to  be  take 

of  the  latest  scientific  advances  In combating  atmospheric 

pollution  caused  by  gases  emitted  from  motor  vehicles  and  for 

Directives  adopted  previously  to  be  amended  accordingly; 

1) Opinion  delivered  on  12 April  1989  (not  yet  published 

in  the  Official  Journal) 

2) Opinion  delivered  on  2  Ju..~  1988  (O.J 

) 

-  8  -

W h e r e as  the  third  programme  of  action  provides  for  additional 

efforts  to  be  made  to  reduce  considerably  the  present  level  of 

f-Ttssicns  of  pollutants  from  motor  v e h i c l e s; 

Whereas  D i r e c t i ve  7 0 / 2 2 0 / E E C1*  lays  down  the  limit  values  for 

carbon  m o n o x i de  and  unburnt  hydrocarbon  emissions  from  such 

e n g i n e s;  whereas  these  limit  values  were  first  reduced  by 

D irect i ve  7 4 / 2 9 0 / E E c 2 ) a nd  supplemented,  in  accordance  wi th 

D i r e c t i ve  7 7 / 1 0 2 / E E C3*,  by  limit  values  for  emissions  of 

nitrogen  o x i d e s;  w h e r e as  the  limit  values  for  these  three 

p o l l u t a n ts  were  successively  reduced  by  Directives  78/665/EEC 

4>,  8 3 / 3 5 l / E E C5>  and  8 8 / 7 6 / E E C6>  and  whereas  limit  values 

for  p a r t i c u l a te  pollutant  emissions  from  diesel  engines  were 

introduced  by  Directive  8 8 / 4 3 6 / E E C7>. 

W h e r e as  Directive  88/76/EEC  has  laid  down  for  the  vehicles 

with  an  engine  capacity  of  less  than  1.4  litres  transitional 

limit  values  which  reflected  the  current  technical  and 

e c o n o m ic  conditions  of  European  m a n u f a c t u r e rs  in  this  section 

of  the  m a r k e t;  whereas  that  Directive  stiputated  that  the 

European  standards  to  be  applied  at  the  latest  in  1992/93 

should  be  fIxed ; 

W h e r e as  the  work  undertaken  by  the  Commission  on  that  subject 

has  shown  that  the  European  Community  has  a v a i l a b l e,  or  is 

currently  p e r f e c t i n g,  technologies  which  allow  a  further 

r e d u c t i on  of  the  limit  values  for  all  engine  s i z e s; 

1) OJ  N-  L 76, 6.4.1970,  p. 1 
2) OJ No L 159, 15.6.1974, p. 61 
3) OJ N>  L.32, 3.2;1977, p. 32 
4) OJ  N* L 223, 14.8.1978. p. 48 
5) OJ  Hm L 197. 20.7.1983, p. 1 
6) OJ N* L 36, 9.2.1988, p. 1 
7) OJ N* L 124, 6.8.1988,  p. 1 

-  9  -

Whereas  in order  to  allow  the  largest  benefit  for  the  European 

environment  and  at  the  same  time  assure  the  unity  of  the  market 

It  appears necessary  to  Introduce  at  the  earliest  possible  date 

a  second  stage  of  European  standards  based  on  total 

harmon1zat ion 

whereas  because  of  industrial  constraints  it  appears 

appropriate  to use  for  this  second  stage  the  limit  values 

wh ich  should  be 

implemented  from  1.  January  1991, whereas  in order  to  establish 

a  clear  regulatory  framework  for  the  Industry  It  is  necessary 

to  decide  at  the  same  time  more  severe  "European  standards" 

being  at  least  as  severe  as  those  of  the  United  states  of 

America  and  as  those  voted  by  Parliament  as  a  third  stage  to be 

implemented  from  1 January  1993; whereas  these  limit  values 

will  still  be  based  on  the  test  procedure  presently  laid  down 

In Directive  70/220/EEC  and  would  need  to  be  reconsidered  when 

this  procedure  will  be  completed  by  a  test  representing  driving 

conditions  outside  built-up  areas. 

HAS ADOPTED THIS DIRECTIVE; 

Article 1 

Directive 70/220/FEC  is hereby  amended  as follows : 

ANNEX  I,  item 5.2.1.1.4,the table  is replaced by  the  following: 

Engine 
capacity 

C 
(cm3) 

C > 2,000 

1.400<C<2,000 

L 

-•• 

1 

2 

Mass of 
carbon 
monox i de 

L1 
(g/test) 

Comb i ned 
. mass of  hy 
drocarbons 
and nitro 
gen oxides 
L2 
(g/test) 

25 

30 

. . 

6.5 

8 

3.1 
_ —  . 
3.2 

-  C < 1,400  -

30 

- — 

19 

8 

_ 

-  —  —  —  — 

5 

Mass of 
nitrogen 
oxides 

Mass of 
parti 
culates 
(1) 

L3 
(g/test) 

L4 

(g/test) 

3.5 

_ 

-

i .1 

-
—  —— —  — 

-

(i)ln  the case of  vehicles equipped with compress ion-ignition 

engines" 

ANNEX  I.  item 7.1.1.1,  the table  is replaced by the following  : 

Comb i ned 
mass of hy 
drocarbons 
and nitro 
gen oxides 
L2 
(g/test) 

Mass of 
nitrogen 
ox i des 

Mass of 
parti 
culates 
(1) 

L3 
(g/test) 

L4 

(g/test) 

8.1 

4.4 

,r 

EngIne 
capacity 

Mass of 
carbon 
monox1de 

C 
(cm3) 

LI 
(g/test) 

C > 2,000 

1,400<C<2,000 

30 

36 

1 

2 

3.1 
—  -
3.2 

C < 1.400  -

36 
—  —  —"— -
22 

- —  —- ——  — 
5.8 

10 

10 

-

_ 

1.4 

— 

— 

~ —• 

~  • 

• 

—• 

(1)  In the case of vehicles equipped with compressio.  ignition 

engines 

-  11  -

Art icie  2 

1.  From  1 January  1990 no  Member  State  may,  on  grounds  relating 

to  air  pollution  by  emissions  from  an  engine  having  a 

capacity  of  less  than  1.400  cm3: 

-  refuse  to  grant  EEC  type  approval,  to  Issue  the  document 

referred  to  in  the  last  indent  of  article  10(1)  of 
Council  Directive  70/156/EEC1^  or  to  grant  national 

type  approval  for  a  type  of  motor  vehicle, 

prohibit  the  entry  into  service  of  motor  vehicles, 

where  emissions  from  this  type  of  motor  vehicle  or  from  such 

vehicles  meet  the  requirements  of  Directive  70/220/EEC  as 

last  amended  by  this  Directive. 

2.  In  respect  of  types  of  vehicle  equipped  with  an  engine 

having  a  capacity  of  less  than  1.400  cm3, Member  States  may 

no  longer  issue  the  document  provided  for  in  the  last  indent 

of  Article  10(1)  of  Directive  70/156/EEC,  and  shall  refuse 

national  type  approval, 

from  1  January  1991  where  the  emissions  from  such  types 

of  vehicles  do  not  comply  with  the  limit  values  set  out 

in  I I ne  3.1, 

from  1 January  1993  where  the  emission  from  such  types of 

vehicles  do  not  comply  with  the  limit  values  set  out  in 

I I ne  3.2 

of  the  table  of  item  5.2.1.1.4  of  Annex  I  to  Directive 

70/220/EEC, as  last  amended  by  this  Directive. 

1) 

As  last  amended  by  Directive  87/358/EEC, O.J.  L  192 of 

11.07.87,  p. 51. 

-  12  -

3.  in  respect  of  vehicles  equipped  with  an  engine  having  a 

capacity  of  less  than  1,400  cm3  Member  States  shall  prohibit 

the  entr^  fnto  service 

-  from  1 October  1991, where  the  emissions  of  such  vehicles 

do  not  comply  with  the  limit  values  set  out  in  line  3.1; 

-  from  1 October  1993, where  the  emissions  of  such  vehicles 

do  not  comply  with  the  limit  values  set  out  in  line  3.2, 

of  the  table  of  item  7.1.1.1  of  Annex  I to  Directive 

70/220/EEC  as  last  amended  by  this  Directive. 

ArtIcle  3 

Member  States  shall  bring  into  force  laws,  regulations  and 

administrative  provisions  necessary  in order  to  comply  with 

this  Directive  not  later  than  1 January  1990.  They  shall 

forthwith  inform  the  Commission  thereof. 

icle  4 

Not  later  than  the  end  of  1990,  the  Council  shall  consider,  on 

the  basis  of  a proposal  from  the  Commission,  the  Implementation 

of  more  severe  European  emission  standards  on  the  basis  of  an 

improved  test  procedure  including  an  extra-urban  driving 

sequence. 

Article  S 

This  Directive  Is addressed  to  the Member  States. 

Commission of the  European Communities 

COM(89)  257  final 

Re-examined  proposal for  a 

COUNCIL  DIRECTIVE 
amending Directive 70/220/EEC  on the approximation of the laws of the 
Member  States relating to measures to be taken against air  pollution by 
emissions from motor  vehicles 

(European emission standards for  cars below  1.4 litres) 

(presented  by the  Commission  pursuant  to  Article  149(2Md) of  the  EEC 
Treaty) 

11.5.1989 

Office for  Official  Publications of the  European Communities 
L - 2985  Luxembourg 

Series:  DOCUMENTS 

1989 — 12 pp. — Format: 21.0 x 29.7  cm 

EN 

ISSN  0254-1475 

ISBN  92-77-49556-1 

Catalogue number:  CB-CO-89-187-EN-C 

COM(89)  257  final 

ISSN 0254-1475 

DOCUMENTS 

Wtht&W&l 

Re-examined  proposal for  a 

COUNCIL  DIRECTIVE 

amending  Directive  70/220/EEC  on the  approximation  of 
the  laws  of  the  Member  States  relating to  measures  to  be 
taken  against  air  pollution  by emissions  from  motor 
vehicles 

(European  emission  standards  for  cars  below  1.4  litres) 

(presented  by the  Commission  pursuant  to  Article  149(2)(d) 
of  the  EEC Treaty) 

06 

15 

Catalogue  number:  CB-CO-89-187-EN-C 

ISBN  92-77-49556-1 

€ 

COMMISSION OF THE EUROPEAN COMMUNITIES 

11.5.1989