AMENDMENT TO THE 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
Date: 1990-10-19
Institutions: European Commission
Subjects: air quality, approximation of laws, environmental standard, marketing, motor vehicle, technical regulations

COMVIISSION  OF  THE  EUROPEAN  COMVttJNITIES 

COM(90) 493  final  - SYN  240 

Brussels,  19 October  1990 

Amendment  to the proposal  for a 

COUNCIL DIRECTIVE 

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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 

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J:x.Z:;T:'-TZ 

(presented  by  the Commission  pursuant  to Article  149(3) 
of the EEC-Treaty) 

-  1  -

rXIMANATORY  MrMORANOUM 

A.  On 2 February  1990 the Commission  sent  to the Council  a proposal  for a 

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. 

On  12 September  1990 the European  Parliament  approved  the proposal  on  first 

reading  subject  to 35 amendments. 

The Commission  has accepted  16 of  the amendments, which  it has agreed  to 

incorporate  in an appropriate  fashion  in an amended  proposal. 

B.  The Commission  therefore proposes  to amend  its proposal  as follows: 

1.  A drafting  amendment  is made  in the fifth  recital. 

2.  Sharing  Parliament's concern  that  an  increase  in vehicle  registrations 

will  result  in an  increase  in exhaust  gas emissions, the Commission  proposes 

inserting  a new recital  after  the seventh  recital  to establish  a  link between 

the standards proposed  and  the development  of  road  traffic. 

3.  A number  of  amendments  relate  to matters which  are not  directly  covered by 

the proposal  for  a directive but which  concern  additional  legislative 

initiatives on aspects such as: 

evaporation  tosses  in the process of  storage and distribution; 

fuel  qua Ii ty; 

retrofitting of exhaust  gas cleaning  devices; 

financial  Incentives  for  the scrapping  of older  cars and  the  retrofitting 

of exhaust  gas cleaning devices; 

roadworthiness testing of existing cars-, 

-  2 -

financial  support  for  research  Into new propulsion  techniques and fuels; 

the  limitation of CO2 emissions  from motor  vehicles; 

tougher  emission  standards  for certain  categories of  vehicles  not  covered 

by  the directive. 

It  is proposed  to confirm  the Commission's  support  or  commitment  in this 

connection  in eight  new  recitals  to be added  after  the existing  recitals. 

4.  The other  amendments  accepted  by  the Commission  concern  the  technical 

provisions of  the proposed  directive. 

4.1  Acting on Parliament's opinion  that only  the 80 000 km durability  test 

should  be adopted,  the Commission  proposes an addition  to the sixth 

recital, amendments  to Annex  I (point  5.3.5) and Annex  X  (point  1.9) and 

the deletion of Annex  Vil  (30 000 km durability  test). 

4.2  In order  to meet  Parliament's request  that  the test  cycle  at  top speed 

reduced  to 90 km/h be deleted,  the Commission  proposes  a time  limit  for 

using  this test  cycle so that  from  1 July  1994 the  type-approvai  test  for 

any new  type of  car ("M1 category) will  be exclusively  based  on  the 

120 km/h  driving cycle.  It  is proposed  that  this amendment  be  incorporated 

in a new paragraph  4 to be added  to Article 2 of  the directive. 

4.3 Having  accepted  in principle Parliament's request  that  an oxygen  sensor  in 

a catalytic  converter  system must  remain operational  In all  engine 

operating conditions,  the Commission  proposes making  an addition  to the 

provisions of Annex  I, point  5.1.1. 

4.4 To act on Parliament's wish  to ensure  that  all  components  of  the  future 

European  standards are as stringent  as the American  standards, the 

Commission  proposes  reducing  the  limit  values  for  particulate  emissions 

from diesel  cars  to a  level  based on a comparative  study  of  the  future 

European  test  with  the American  test. This entails an amendment  to the 

third  column of  the  tables of  limit  values  in points 5.3.2.4 and 7.1.1.1 

in Annex  I. 

-  3 -

4.5 To go at  least  part  of  the way  towards meeting  Parliament's concern  about 

tolerances  for  conformity  checking,  the Commission  proposes  a time  limit 

for  the  transitional  provisions  for  cars below  1.4  litres type-approved  in 

accordance with Directive 89/458/EEC  (point  8.4 of Annex  I). 

4.6 The deletion of Annex VII  (see point  4.1  above) necessitates  renumbering 

the annexes  to the proposed  directive. 

- 4 -

AMENDMENTS  TO THE PROPOSAL  FOR A COUNCIL  DIRECTIVE 

AMENDING  DIRECTIVE  70/220/EEC ON «TIE 

APPROXIMATION OF THE LAWS OF THE MEMBER  STATES 
RELATING TO MEASURES TO BE TAKEN AGAINST  AIR  POLLUTION 
BY EMISSIONS BY MOTOR  VEHICLES 

The fifth  recital  Is to be amended  to read  as follows: 

"Whereas  the work undertaken  by  the Commission  in that  sphere  has shown  that 
the Community  has available, or  is currently  perfecting,  technologies which 
allow a drastic  reduction of  the  limit  values  In question  for  all  engine 
s i zes;" 

The  following  is to be added  at  the end of  the sixth  recital: 

"Whereas  the durability  test  should  be based on 80 000 km driven  and  should 
carried out  using  a procedure  involving  vehicles which  are actually  driven on 
a test  track or  roller  test  bench;" 

The following  new recital  Is to be added  after  the seventh  recital: 

"Whereas  the new  standards and  the  test  procedure  should  be  laid down  in the 
light of  future developments  in traffic  in the European  Community;  whereas 
completion  of  the  internal  market  is  likely  to  lead  to an  Increase  in vehicle 
registrations, which will  result  in an  increase  in exhaust  gas emissions;" 

The  following  new  recitals are  to be added  after  the  last  recitai: 

"Whereas  the Commission  shall  submit, no  later  than  31 December  1990, a 
proposal  for  a directive on  the measures  to reduce evaporation  losses at every 
stage  in the process of  storage  and  distribution  of motor  fuels; 

Whereas  there  is also an urgent  need  to  improve  significantly  the quality of 
fuel  at  filling stations-, 

Whereas  the  introduction of  tougher  standards would  also be speeded  up  if the 
Member  States  introduced  a system  to encourage  purchasers of  new  vehicles  to 
have their old  vehicles scrapped  or, as far  as possible,  recycled; 

Whereas  it  Is desirable  that  the Member  States  take measures  to ensure  that, 
as far  as possible, older  vehicles  are  fitted  with  exhaust  gas  cleaning 
devices; 

Whereas  the environmental  impact  of  the  tougher  standards would  be greatly 
increased  and  speeded up  if the Member  States were  to grant,  after 
31 December  1992, tax  incentives  for  the purchase  and  installation on  vehicles 
already  in service of equipment  which will  ensure  that  the standards set out 
in this directive  are complied  with; 

Whereas, acting  by a qualified majority  on  a proposal  from  the Commission,  the 
Council  shall  adopt  the measures  to be  taken by  the Member  States  In order  to 
ensure  that  regular  roadworthiness  tests are carried  out  to determine  the 

-  5  -

efficiency,  in terms of  emissions  and operation, of  the equipment  fitted  to 
at I motor  vehicles-, 

Whereas  the constant  increase  in environmental  pollution  caused  by  the  rapid 
increase  in traffic  In the Community  necessitates  not  only  the adoption of 
limit  values and  tougher  standards but  also  the development  of  alternative 
propulsion  systems  and  transport  concepts; whereas  the Community  should  take 
steps  to provide  financial  support  for  research  and  development  for 
alternative  transport  concepts, propulsion  systems  and  fuels; 

Whereas,  therefore,  in order  to maximise  the  impact  of  the standards  set  out 
in this directive,  the Council,  acting  by  a qualified majority  on  a proposal 
from  the Commission,  shall  decide  before  31 December  1992 on measures  designed 
to: 

limit  CO2 emissions, 
adapt  the emission  standards  (and  the  associated  tests) for  vehicles not 
covered  by  this directive,  including  all  commercial  vehicles, 
lay down  regular  inspections and  procedures  for  replacing,  repairing or 
maintaining  the equipment  fitted  in order  to meet  the  values  laid  down, 
implement  a research  and  development  programme  to encourage  the marketing 
of  clean  vehicles  and  fuels." 

The  following  new paragraph  is to be added  after  paragraph  3 of  Article  2: 

4.  "As from  1 July  1994 the  type  I test  for  category  M-j vehicles  shall  be 

carried  out  exclusively  by means of  a combination  of  the elementary  urban 
cycle  defined  In Annex  III, appendix  1.2, and  the extra-urban  cycle 
defined  in Annex  III, appendix  1.3  (top  speed:  120  km/h)". 

Annex I 

Point  5.1.1 

The following  is to be added at the end: 

"If an oxygen sensor  is used  in the catalytic coverter  system, steps 
must  be taken to ensure  that  the stoichiometric air-fuel  ratio 
(lambda)  is maintained when a certain speed  is reached or  when 
accélérâtIng. 
However, temporary  variations  in this ratio are permissible  if they 
also occur  during the test defined  in points 5.3.1  and  7.1.1 
respectively, or  if these variations are necessary  for  safe driving 
and  for  the correct operation of  the engine and of  components which 
affect pollutant emissions or  if these variations are necessary  for 
cold starting." 

Point 5.3.1.4 (Table): 

Third column  (mass of  particulates):  "0.19"  to be replaced  by  "0.14" 

Point 7.1.1.1  (Table): 

Third column  (mass of particulates):  "0.24"  to be replaced  by  "0.18" 

Point  5.3.5.  (Type V  test): 

Point 5.3.5.1  to read as follows: 
"5.3.5.1 

This  test should be carried out on all  vehicles  referred  to  in 
Section  1, with  the exception of  those vehicles  referred  to in 
8.1. The  test  represents an aging  test of 80 000 km driven  in 
accordance with  the programme described  in Annex VII on a test 
track, on  the road or on a roller  test bench." 

Point  5.3.5.2, first  sentence  to read as follows: 
"5.3.5.2 

Notwithstanding  the requirements of 5.3.5.1, a manufacturer  may 
choose  to have  the deterioration  factors from  the following  table 
used as an alternative  to testing  to 5.3.5.1." 

Point 8.4  to read as follows: 

"8.4 

For  the checking of  conformity of  vehicles  type-approved  in accordance 
with  the provisions of Directive 70/220/EEC as  last amended  by 
Directive 89/458/EEC, the provisions of Directive 89/458/EEC  remain 
applicable until  31 December  1994." 

Annex VI I (aging  test of  30 000 km) 

This annex  is to be deleted. 

The numbering of  the following annexes  is to be changed  as  follows: 

Annex  V IM  becomes Annex  VII  (aging  test of  80 000 km) 
Annex  IX becomes Annex  VIII  (reference  fuels) 
Annex  X becomes Annex  IX (EEC type-approval  certificate) 

-  7  -

Annex  IX  (EEC  type-approval  certificate) 

Point 1.9 

Type  V,  durability,  first  indent: 

- durability  type: delete  "30 000 km" 

ISSN 0254-1475 

COM(90) 493  final 

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