Proposal for a EUROPEAN PARLIAMENT AND 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 from emissions from motor vehicles
Date: 1994-12-16
Institutions: European Commission
Subjects: air quality, approximation of laws, motor vehicle, quality of the environment, tax incentive, technical standard

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

COM(94)  558  final 

B r u s s e l s,  16.12.1994 

94/0286  (COD) 

Proposal  for  a 
EUROPEAN  PARLIAMENT  AND  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  from  emissions  from  motor  vehicles 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

SUMMARY 

The present proposal  aims at aligning  the  standards  for  the  light commercial  and  assimilated 
vehicles  covered  by  the  scope  of  this  Directive  to  the  same  level  of  severity  as  those 
established  by  Directive  94/12/EC  for  passenger  cars. 

For this next stage of light  commercial  vehicle emission  standards, it is proposed  to maintain 
the  present  classification  of  the vehicles  concerned,  based  on  their  reference  mass. 

The limit values proposed for  Class I are those of Directive 94/12/EC for passenger  cars.  The 
limit  values  for  Classes  II  and  III  represent  the  same  level  of  severity  as  those  for  Class I 
taking  account  of  the  technical  specificities  of the  vehicles  falling  in  those  two  classes. 

No new specific provisions are proposed in relation to the test conditions of the so-called low-
powered  vehicles.  Instead,  it  is  proposed  that  a  2-year  lead  time  be  granted  until  existing 
vehicle types, approved  before  the implementation  of this Directive, have to comply  with  the 
provisions  of  the present  Directive. 

1.  BACKGROUND 

Directive  93/59/EEC  of  28  June  1993,  amending  Directive  70/220/EEC  relating  to 
measures to be taken against air pollution by emissions from  motor vehicles, established 
severe  European  standards  for  light  commercial  vehicles  and  assimilated  vehicles  for 
the  transport  of  persons(1).  These  standards  have  the  same  level  of  severity  as  the 
standards  established  by  Directive  91/441/EEC  for  cars(2). 

Article  4  of  Directive  93/59/EEC  commited  the  Commission  to  submit  before 
31 December  1993  a proposal  for  a further  reduction  of  its limit  values  on  which  the 
Council  was  to  decide  by  31  December  1994.  This  timetable  has  slipped  due  to  the 
uncertainties regarding the adoption of the Directive to reduce emissions from  1996/97, 
with which light commercial vehicle emission limit values are linked. With the adoption 
of  the  car  emissions  Directive  (94/12/EC)  on  23  March  1994(3),  the  way  is  now  open 
to  make  new  proposals  to the  emission  limit  values  of  light  commercial  vehicles. 

(1) 

The vehicles  covered  by  the Directive  are light  commercial  vehicles  with  a  maximum 
permissible  mass  not  exceeding  3  500  kg  (international  category  Nl  and  assimilated 
vehicles  for  the  transport  of  persons  (international  category  M),  i.e.  vehicles  with  a 
passenger  capacity  of  more  than  6  and/or  having  a  maximum  permissible  mass 
exceeding  2  500 kg. 
Directive  91/441/EEC  covers vehicles  having  a passenger  capacity  of not  more  than 6 
and  a maximum  permissible  mass  not  exceeding  2  500 kg. 
Directive  94/12/EC  of  the  European  Parliament  and  the  Council  of  23  March  1994 
(OJ No  L  100,  19.4.1994,  p. 42). 

With  Directive  70/156/EEC,  as last amended  by  Directive  93/81/EEC, the  Community 
considered  that the completion  of the internal  market  in the field  of the motor  vehicles 
required  the implementation  in each Member  State of a type-approval  procedure which 
this 
would  gradually  be  replaced  by  a  single  Community  type-approval  procedure; 
would  not  allow  Member  States  to  apply  different  rules  for  the type-approval  and  the 
registration  of new vehicles as is the case with  the harmonized  procedures.  It is within 
the  exclusive  competence  of  the  Community  to  adapt  these  rules  to  technological 
progress,  by  means  of  directives  according  to general  prescriptions  and  the  regulatory 
approach  established  in  directive  70/156/EEC,  as well  as the addtional  methods which 
appear  in  the  separate  directives. 

2. 

ISSUES  EXAMINED  IN  THE  PROPOSAL 

(MVEG)  where 

This Proposal  has been  prepared  by the Commission,  like  all  its proposals  in this field 
in  the  last  years,  following  consultations  with  its  expert  group  on  motor  vehicle 
emissions 
industrial, 
environment  and  consumer  organizations  are  represented.  This  group  examined,  in 
particular,  the  question  of  the  potential  for  complying  with  more  stringent  emission 
standards of the petrol  and  diesel  engine types used  in the vehicle category  concerned. 
In  addition  the group  addressed  three  other  issues  as  follows: 

interested  national  administrations, 

the 

A  recital  of  Directive  93/59/EEC  invited  the  Commission  to  consider,  subject  to 
appropriate technical  evaluation, whether the vehicle categories II and III, could be 
amalgamated. 

The  same  recital  invites  consideration  of  whether  specific  limit  values  for  the 
control  of  production  conformity  (COP)  should  be  deleted. 

The  Council  also  invited  the  Commission  to  take  account  in  its  proposals  of  the 
actual  driving  conditions  of  low-powered  vehicles,  defined  by  a  power-to-weight 
ratio  of  not  more  than  30  kW/t  and  a  maximum  speed  not  exceeding  130  km/h 
("Panda  cycle")  in  light  of  the Council's  decision  to  abolish  the  specific  test  cycle 
conceived  for  such  vehicles  with  effect  from  1 January  1996  for  Class  I  vehicles 
and  from  1 January  1997  for  Classes  II  and  III. 

The results of the expert consultations allow the Commission to draw the  following 
conclusions: 

3- 

PROPOSALS 

3.1.  Limit  values 

The European industry has the technology available for the vehicle categories concerned 
by  this  proposal  to  comply  with  emission  standards  of  the  same  stringency  as  those 
applicable  to  passenger  cars  from  1996/97,  due  account  being  taken  of  the 
vehicle  category. 

Thus,  for  vehicles  which  are  powered  by  petrol  engines,  the  closed-loop  three-way 
catalyst  technology  can  be  adapted.  On  diesel  engines  the  same  improvements  of  the 
combustion  and  injection  systems  can  be  effected  as on  passenger  car  engines. 

The  vehicles  of  Class  I  can  comply  with 
limit  values  established  by 
Directive  94/12/EC  for  passenger  cars,  those  limit  values  being  considered  at  least  as 
severe  as  the  present  U.S.  standards.  The  equivalence  of  limit  values  of  Class  I 
vehicles  with  those  for  cars  was  established  in  Directive  93/59/EEC. 

the 

As  to  vehicle  Classes  II  and  HI.  the  technical  reasons justifying  differentiated  limit 
values for different  vehicle classes as set out in Directive 93/59/EEC remain  valid.  The 
vehicles  concerned  generally  have,  due  to  the  use  for  which  they  are  intended,  a 
different  layout  of  their  power  train  and  a  different  body  shape  affecting  their 
aerodynamic drag as compared to passenger cars.  Therefore,  their emissions are higher 
than  those  of  comparable  passenger  cars using  the  same  emission  control  technology, 
when  measured  under  identical  test  conditons.  This  fact  has  been  taken  into  account 
in  fixing  the  limit  values  to  which  such  vehicles  will  be  submitted. 

In  its  proposals  the  Commission  has  also  taken  into  account  the  fact  that  the  limit 
values of the years  1996/97 have to be achieved  with the existing  fuel  quality.  Unlike 
the US situation, improved fuels will not become generally  available in Europe by these 
dates.  The  interconnection  between  fuel  quality  and  engine  emissions,  especially 
important  for  diesel  emissions,  has  become  subject  of  the  "European  Programme  on 
Emissions, Fuels and Engine technology" (EPEFE) which is currently  carried out by the 
European  automobile and  petrol  industries at the request of the Commission.  However 
it  is  unlikely  that  this  programme  will  yield  conclusive  results  before  early  1995.  In 
any  event  a certain  lead  time  will  be required  before  the  production  of  "cleaner"  fuels 
could  be  assured  by  the  industry. 

3.2.  Classification 

The  classification  established  by  Directive  93/59/EEC  takes  account  of  the  quite 
heterogeneous  character  of  the vehicles  covered  in the Directive  which,  as far  as their 
engines  and  power  trains  are  concerned,  include  vehicles  derived  from  passenger  cars 
and  vehicles  derived  from  heavier  commercial  vehicles.  For  this  reason  the  vehicles 
their  "reference  mass", 
have  been  divided 
i.e.  approximately 
the  mass  of  the  unladen  vehicle  in  running  order.  Such  a 
classification  is  also  used  in  the  emission  regulations  of  the  USA  and  corresponds  to 
the  current  practice  of  the  European  automobile  industry. 

three  classes  according 

into 

to 

The  assessment  of the  existing  technical  data  has  shown  no  evidence that  for  the  next 
stage of the European emission  requirements for  light commercial  vehicles, the present 
classification  should  be  replaced  by two  categories,  Class I and  a merger  of  Classes II 
and  III. 

The  classification  should,  however,  be  kept  under  review  for  the  longer  term,  notably 
in the context of the global  revision of the EC emission  regulations for  the whole range 
of  light  vehicles  intended  for  the year  2000. 

3 3  Control  of  Production  conformity 

The  deletion  of  the  tolerances  for  COP  control  was  considered  to  be  satisfied  by  the 
solution found for passenger cars relying on a revised statistical procedure, which in the 
meantime  has been  adopted  with  the  recent  Directive  94/12/EC.  This  new  procedure 
applies also to light commercial  and assimilated vehicles and allows to omit the  specific 
COP  limit  values  in  the  present  proposal. 

3.4.  Test  conditions  for  low-powered  vehicles 

An  assessment  of the  actual  driving  patterns  of the  light  commercial  vehicles  covered 
by  Directive  93/59/EEC  yielded  no  conclusive  arguments  in  favour  of  an  alternative 
technical  solution  to  replace  the  test  cycle  with  reduced  maximum  speed  ("Panda 
cycle") which had been  specifically  conceived for  such vehicles, but which Council  has 
abolished  with  effect  from  1 January  1996  for  Class  I  and  from  1 January  1997  for 
Classes  II  and  III. 

The  experts  consulted  were  divided  on  the  need  for  exceptional  provisions  for  low-
powered vehicles. The Commission proposes, therefore,  not to establish such provisions 
in  the  framework  of  this  next  stage  of  European  emission  standards  for  light 
commercial  vehicles,  but  instead  to  provide  a sufficient  lead  time to allow  industry  to 
adapt  the vehicles  currently  produced  and  approved  which  make use  of  the  provisions 
for  low-powered  vehicles. 

4 

FISCAL  INCENTIVES 

In  the  discussions  on  the  appropriate  framework  for  granting  fiscal  incentives  to 
encourage  the  early  application  of  new  lower  limit  values  which  took  place  in  the 
context  of the Directive  on  car emissions  (94/12/EC),  a fair  and balanced  compromise 
was  reached  which  will  allow  Member  States  to  grant  such  incentives  within  strict 
parameters  whilst  ensuring  at the  same time that the incentives will be granted  fully  in 
accordance  with  Community  law  and  that  the  Commission  will  be  informed  in 
sufficient  time  to  submit  its  observations  on  any  Member  State  programme. 
It  is 
proposed  that this  same formula  is applied  in the context  of the new Directive  on light 
commercial  vehicles. 

5. 

STAGE  2000 

It  is  proposed  that  the  Commission  be  mandated  to  submit  new  proposals  aimed  at 
achieving  a  further  reduction  of  emissions  from 
light  commercial  vehicles  by 
June  1996.  These  proposals  should  be  modelled  on  the  multi-faceted  approach  to 
reducing  emissions  outlined  in  Article  4  of  Directive  94/12/EC. 

6. 

CONCLUSION 

The  objective  of  this  proposal  is  to  reduce  the  polluting  emissions  from  the  light 
commercial,  and  similar  vehicles  to  a  level  as  strict  as  for  passengers  cars  and 
according  to  a timescale  as  rapid  as  for  those  vehicles.  In  view  of  the  short  interval 
between  the  proposed  stage  of  severity  and  the  later  stage  envisaged  as  from  the 
year  2000,  it  is important  that  this  proposal  is  adopted  in  the  shortest  possible  time. 

Proposal  for  a 
EUROPEAN  PARLIAMENT  AND  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  from  emissions  from  motor  vehicles 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  100a  thereof, 

Having  regard  to the  proposal  from  the  Commission(1), 

Having  regard  to the  Opinion  of  the Economic  and  Social  Committee(2), 

Acting  in  accordance  with  the  procedure  laid  down  in  Article  189b  of  the  Treaty, 

Whereas  measures  should  be  adopted  within  the  framework  of  the  internal  market;  whereas 
the  internal  market  comprises  an  area without  internal  frontiers  in which  the free  movement 
of  goods,  persons,  services  and  capital  is  ensured; 

Whereas  the  first  programme  of  action  of  the  European  Community  on  protection  of  the 
environment^, approved by the Council  on 22 November  1973, called for account to be taken 
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; 
whereas  the  fifth  programme  of  action,  which  in  its  general  approach  was  approved  by  the 
Council  in  its Resolution  of  1 February  1993(4) provides  for  additional  efforts  to be  made to 
effect  a considerable reduction  in the present level of pollutants emitted  from  motor vehicles; 

Whereas  the  objective  of  reducing  the level  of  pollutant  emissions  from  motor  vehicles  and 
the  establishment  and  operation  of  the  internal  market  for  vehicles  cannot  be  adequately 
achieved  by  individual  Member  States  and  can  therefore  be  better  achieved  by  the 
approximation  of the laws  of the Member  States relating  to  measures to be taken  against  air 
pollution  by  motor  vehicles; 

Whereas  it  is  recognized  that  the  development  of  transport  in  the  Community  has  entailed 
significant  constraints for  the environment;  whereas a certain  number  of official  estimates of 
the increase in traffic  density have proved to be lower than the actual figures; whereas for that 
reason  stringent  emission  standards  should  be laid  down  for  all  motor  vehicles; 

(1) 
(2) 
(3) 
(4) 

OJ  No 
O J N oC  201, 26.7.1993,  p. 9. 
O J N oC  112, 20.12.1973,  p.  1. 
O J N oC  138,  17.5.1993, p.  1. 

Whereas the Commission  has adopted  a European  programme  on emissions,  fuels  and  engine 
technologies  (EPEFE); whereas  that  programme  was established  to ensure that  proposals  for 
future  Directives on pollutant emissions seek the best  solutions both for the consumer  and  for 
the  economy;  whereas  that  programme  deals  with  the  pollution  emitted  by  vehicles  and  the 
fuels  which  propel  them; 

Whereas  Council  Directive  70/220/EEC(5),  as  last  amended  by  Directive  94/12/EC(6),  which 
deals  with  the  measures  to be taken  against  air  pollution  by  emissions  from  motor  vehicles, 
is  one  of  the  separate  Directives  under  the  type-approval  procedure  laid  down  by 
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),  as  last 
amended  by  Commission  Directive  93/81/EEC(8); 

Whereas  Directive  70/220/EEC  lays  down  the  limit  values  for  carbon  monoxide  and 
unburnt  hydrocarbon  emissions from  the engines of such vehicles; whereas these limit values 
were  first  reduced  by  Directive  74/290/EEC(9)  and  supplemented,  in  accordance  with 
Commission  Directive  77/102/EEC(10),  by  limit  values  for  permissible  emissions  of  nitrogen 
oxides; whereas the limit values for  those three types of pollution  were  successively  reduced 
by  Commission  Directive  78/665/EEC(11)  and  Council  Directives  83/351/EEC(12)  and 
88/76/EEC(13);  whereas  limit  values  for  particulate  pollutant  emissions  from  diesel  engines 
were introduced  by Directive  88/436/EEC(14); whereas more stringent European  standards  for 
the  emissions  of  gaseous  pollutants  of  motor  vehicles  below  1 400  cm3  were  introduced  by 
Directive  89/458/EEC(15);  whereas  those  standards  have  been  extended  to  all  passenger  cars 
independently  of their  engine  capacity  on the basis  of  an improved  European  test  procedure 
including  an  extra-urban  driving  cycle;  whereas  requirements  relating  to  the  evaporative 
emissions  and  to  the  durability  of  emission-related  vehicle  components  as  well  as  more 
stringent particulate pollutant  standards for motor vheicles equipped with  diesel  engines were 
introduced  by Directive  91/441/EEC(16);  whereas passenger  cars designed  to carry  more than 
six  passengers or having a maximum  mass of more than 2  500 kg, light commercial  vehicles, 
and off-road  vehicles, covered by Directive  70/220/EEC, have, under Directive 93/59/EEC(17), 
been  subject  to  standards  as  stringent  as  those  for  passenger  cars,  taking  into  account 
the  specific  conditions  of  such  vehicles;  whereas the  standards  for  passenger  cars have  been 

(5) 

(6) 

(7) 

(8) 

(<>) 

( 1 0) 

( I I) 

( 1 2) 

(13) 

( 1 4) 

(15) 

( 1 6) 

(17) 

OJ  NoL  76,  6.4.1970,  p.  1. 
O J N oL  100,  19.4.1994,  p. 42. 
O J N o L 4 2,  23.2.1970,  p.  1. 
OJ No  L  264,  23.10.1993,  p. 49. 
OJ No  L  159,  15.6.1974,  p. 61. 
O J N oL  32,  3.2.1977,  p. 32. 
OJ  No  L 223,  14.8.1978,  p. 48. 
O J N oL  197, 20.7.1983,  p.  1. 
OJ  N oL  36,  9.2.1988,  p.  1. 
OJNo  L 214,  6.8.1988,  p.  1. 
OJ  N oL  226,  3.8.1989,  p.  1. 
OJ  No  L  242,  30.8.1991, p.  1. 
OJNo  L  186,  28.7.1993,  p. 21. 

rendered  more stringent  by the adoption  of Directive  94/12/EC,  which  also introduced  a new 
method  for  checking  on the conformity  of production;  whereas  it is necessary  to  align  in the 
standards for  light commercial  vehicles with those for  passenger cars so as to make them once 
again  at  least  as  stringent  as those  for  passenger  cars; 

Whereas  the  work  undertaken  by  the  Commission  in  this  field  has  shown  that  the  best 
technology  currently  available  to the  Community  industry  can  be  further  improved  in  order 
to  allow  light  commercial  vehicles  to  comply  with  considerably  reduced  emission  limits; 
whereas  the proposed  standards  will  apply  both  to the approval  of  new  vehicle  types  and  to 
check  on  conformity  of  production,  since  the  amended  method  of  sampling  and  statistical 
evaluation  removes  the  tolerances  allowed  for  the  limit  values  set  under  previous  stages  of 
Directive  70/220/EEC; 

Whereas the Commission  has examined the feasability  of amalgamating vehicle categories II 
and  III  and  has  considered  the  actual  conditions  under  which  light  commercial  vehicles  are 
^driven in  urban  and  extra-urban  traffic  and  the  special  characteristics  of  those  vehicles; 

Whereas  Member  States  should  be  allowed  to  encourage,  by  means  of  tax  incentives,  the 
introduction  of vehicles which  satisfy  the requirements adopted  at Community  level; whereas 
such  tax  incentives  should  comply  with  the  provisions  of  the  Treaty  and  satisfy  certain 
conditions intended to avoid  distortions of the internal  market;  whereas the provisions  of this 
Directive  do not  affect  the Member  States' right to include  emissions  of pollutants  and  other 
substances  in  the basis  on  which  road  traffic  taxes  on  motor  vehicles  are  calculated; 

Whereas the prior notification  requirement of this Directive is without prejudice to  notification 
requirements under  other  provisions  of Community  law,  notably  Article 93(3)  of the  Treaty; 

Whereas the Council  should  adopt by 30 December  1997 the requirements for the stage  from 
the  year  2000,  on  the  basis  of  a  proposal  to  be  submitted  by  the  Commission  by  30  June 
1996;  whereas  that  proposal  is  to  be  aimed  at  substantially  reducing  emissions  of  light 
commercial  vehicles; 

Whereas  the  measures  to  reduce  exhaust  emissions  in  the  year  2000,  must  be  part  of  a 
"multifaceted"  approach  embracing  all  the  measures  for  reducing  air  pollution  due  to  road 
traffic;  whereas all the parameters which  have been  set out  as having  a significant  impact on 
such pollution  have been  set out in Article 4 of Directive 94/12/EC; whereas the Commission 
will  undertake  the  necessary  analysis  of  environmental,  technological  and  cost-effective 
aspects  in  order  to  provide  by  the  end  of  June  1996  quantified  objectives  for  Community 
measures  for  the year  2000, 

HAVE  ADOPTED  THIS  DIRECTIVE: 

Article 1 

Annex I to Directive 70/220/EEC  is amended  in accordance with the Annex to this Directive. 

Article  2 

1.  With  effect  from  1 October  1995,  Member  States  shall  accept  compliance  with  the 
requirements  of  Directive  70/220/EEC,  as amended  by  this  Directive,  for  the  purposes 
of  Articles  4(1)  and  7(1)  of  Directive  70/156/EEC. 

2.  With  effect  from  1  January  1996,  for  vehicles  of  Class  I  and  with  effect  from 
1 January  1997 for  vehicles of Classes II and  III, Member  States  shall  no longer  grant: 

EEC  type-approval  in  accordance  with  Article  4(1)  of  Directive  70/156/EEC,  or 

national type-approval  unless the provisions of Article 8(2) of Directive 70/156/EEC 
are  invoked; 

for  a  type  of  vehicle  on  grounds  relating  to  air  pollution  by  emissions,  if  the 
requirements  of Directive  70/220/EEC,  as amended  by  this Directive,  are not  fulfilled. 

3.  With  effect  from  1  January  1997  for  vehicles  of  Class  I,  and  with  effect  from 

1 January  1998  for  vehicles  of  Classes  II  and  III,  Member  States: 

shall  consider  certificates  of  conformity  which  accompany  new  vehicles  in 
accordance  with the provisions of Directive  70/156/EEC  as no longer  valid  for  the 
purposes  of  Article  7(1)  of  that  Directive;  and 

shall  refuse  the  registration,  sale  and  entry  into  service  of  new  vehicles  which  are 
not  accompanied  by  a  certificate  of  conformity  in  accordance  with  the  provisions 
of  Directive  70/156/EEC,  unless  Article  8(2)  of  Directive  70/156/EEC  is  pleaded, 

on  grounds 
Directive  70/220/EEC,  as amended  by  this Directive,  are  not  fulfilled. 

to  air  pollution  by  emissions, 

relating 

if 

the  requirements  of 

For vehicles  with  a power-to-weight  ratio of no more than  30 kW/t(18) and  a maximum 
speed  not  exceeding  130  km/h  the  dates  referred  to  in  the  first  subparagraph  are 
1  January  1998  and  1 January  1999  respectively. 

Article 3 

Member  States  may  make  provisions  for  tax  incentives  only  in  respect  of  motor  vehicles 
which comply with Directive 70/220/EEC, as amended by this Directive. Such incentives shall 
comply  with  the  provisions  of  the  Treaty  and  satisfy  the  following  conditions: 

they  shall  apply  to  all  new  vehicles  offered  for  sale  on  the  market  of  a Member  State 
which  comply  in  advance with the requirements  of Directive  70/220/EEC,  as  amended 
by  this  Directive, 

they  shall  be  terminated  with  effect  from  the  mandatory  application  of  the  emission 
values  laid  down  in  Article  2(3)  for  new  motor  vehicles, 

(18)  Based  on  the technically  permissible  laden  mass as  stated  by  the  manufacturer. 

9 

for  each  type  of  motor  vehicle,  they  shall  be  for  an  amount  lower  than  the  additional 
cost  of  the  technical  devices  introduced  to  ensure  compliance  with  the  values  set  and 
their  installation  on  the vehicle. 

The  Commission  shall  be  informed  in  sufficient  time  of  plans  to  institute  or  change  the  tax 
incentives  referred  to  in  the  first  paragraph,  so that  it  can  submit  its  observations. 

Article 4 

The  Council,  acting  under  the  conditions  laid  down  in  the  Treaty,  shall  decide  before 
31 December  1997 on proposals for  a further  stage of the Community's  measures against  air 
pollution  caused  by  emissions  from  motor  vehicles  covered  by  this  Directive,  which 
the  Commission  shall  submit  before  30  June  1996.  The  measures  shall  apply  from  the 
year  2000  onwards. 

In  these  proposals,  the  Commission  shall  follow  the  approach  outlined  in  Article  4  of 
Directive  94/12/EC. 

Article 5 

1.  Member  States shall bring into force the laws, regulations and administrative  provisions 
necessary  to  comply  with  this Directive  before  1 October  1995.  They  shall  forthwith 
inform  the  Commission  thereof. 

When  Member  States  adopt  these  provisions,  these  shall  contain  a  reference  to  this 
Directive  or  shall  be  accompanied  by  such  reference  at  the  time  of  their  official 
publication.  The  procedure  for  such  reference  shall  be  adopted  by  Member  States. 

2.  Member  States  shall  communicate  to  the  Commission  the  text  of  the  main  provisions 

of  national  law which  they  adopt  in the  field  covered  by  this  Directive. 

Article  6 

This Directive  shall  enter  into force  on the twentieth  day  following  that  of  its publication  in 
the  Official  Journal  of the European  Communities. 

This  Directive  is  addressed  to  the Member  States. 

Article  7 

Done  at Brussels, 

For  the European  Parliament 
The President 

For  the  Council 
The  President 

10 

A N N EX 

AMENDMENTS  TO  THE  ANNEXES  OF  DIRECTIVE  70/220/EEC  AS  AMENDED  BY 
DIRECTIVE  93/59/EEC 

The  table  of  section  5.3.1.4  is  replaced  by  the  following: 

Limit  values 

Category/class 
vehicle 

of 

Reference  mass 

Mass  of  carbon 
monoxide 

Combined  mass  of 
hydrocarbons  and 
oxides  of  nitrogen 

Mass of 
particulates 

RW 
(kg) 

u 
(g/km) 

(g/km) 

L3 
(g/km) 

category 

class 

Petrol 

Diesel 

Petrol 

Diesel1" 

Diesel11' 

W> 

N 1( 3) 

-
I 
II 

III 

all 
RW  <_1  250 
1  250  < RW 
<  1 700 
1  700  < RW 

2.2 
2.2 
4.0 

5.0 

1.0 
1.0 
1.25 

1.5 

0.5 
0.5 
0.7 

0.8 

0.7 
0.7 
1.1 

1.3 

0.08 
0.08 
0.14 

0.20 

(1) 

Until  30  September  1999, for  vehicles fitted  with  diesel  engines  of the  direct-injection 
type,  the  limit  values  L2  and  L3 are the  following: 

category  M(2)and  Nl(3),  class  I: 
category  Nl(3)  class  II: 
category  Nl(3)  class  III: 

- 
- 
- 
Except: 

L, 

0.9 
1.4 
1.7 

L, 

0.10 
0.19 
0.25 

vehicles  designed  to  carry  more than  six  occupants  including  the  driver, 
vehicles  whose  maximum  mass  exceeds  2  500 kg. 

And  those  category  M  vehicles  which  are  specified  in  footnote  (2). 

(2) 

(3) 

11 

ISSN  0254-1475 

COM(94) 558 final 

DOCUMENTS 

EN 

14  06 

Catalogue number : CB-CO-94-602-EN-C 

ISBN 92-77-83325-4 

Office  for  Official  Publications  of the European  Communities 

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