COMMON POSITION (EC) No 27/98 adopted by the Council on 23 March 1998 with a view to adopting Directive 98/.../EC of the European Parliament of ... and of the Council relating to measures to be taken against air pollution by emissions from motor vehicles and amending Directive 70/220/EEC with regard to light commercial vehicles
Date: 1998-03-23
Institutions: Council of the European Union
Subjects: air quality, combustion gases, diesel fuel, motor vehicle, tax incentive, technical standard

27.5.98

EN

Official  Journal  of  the  European  Communities

C 161/45

COMMON  POSITION  (EC)  No  27/98

adopted  by  the  Council  on  23  March  1998

with  a  view  to  adopting  Directive  98/. . ./EC  of  the  European  Parliament  of  . . .  and  of  the
Council relating to measures to be taken against air pollution by emissions from motor vehicles
and  amending  Directive  70/220/EEC  with  regard  to  light  commercial  vehicles

(98/C 161/04)

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 (3),

(1) Whereas  measures  should  be  adopted  within  the

framework  of  the  internal  market;

(2) Whereas 

the 

latest  scientific  advances 

the
first  action  programme  of 
the
European  Community  on  protection  of 
environment (4),  approved  by 
the  Council  on
22  November  1973,  called  for  account  to  be  taken
of  the 
in  combating
atmospheric pollution caused by gases emitted from
motor  vehicles  and 
for  Directives  adopted
previously  to  be  amended  accordingly;  whereas  the
fifth  action  programme  which 
its  general
approach  was  approved  by  the  Council  in  its
resolution  of  1  February  1993 (5),  provided  for
additional  efforts  to  be  made  for  a  considerable
reduction  in  the  present  level  of  emissions  of
pollutants  from  motor  vehicles;  whereas  this  fifth
programme  also  set  targets  in  terms  of  emission
reductions 
the
understanding that emissions from both mobile and
stationary  sources  would  have  to  be  reduced;

pollutants 

various 

for 

on 

in 

(3) Whereas  Council  Directive  70/220/EEC (6) 

for 

three 

these 

limit  values 

limit  values 

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  Council  Directive  74/290/EEC (7)  and
in  accordance  with  Commission
supplemented, 
Directive  77/102/EEC (8),  by 
for
permissible  emissions  of  nitrogen  oxides;  whereas
the 
types  of
pollution were successively reduced by Commission
Directive  78/665/EEC (9)  and  Council  Directives
83/351/EEC (10)  and  88/76/EEC (11);  whereas  limit
values  for  particulate  pollutant  emissions  from
diesel  engines  were 
introduced  by  Directive
88/436/EEC (12);  whereas  more  stringent  European
standards  for  emissions  of  gaseous  pollutants  from
motor  vehicles  below  1 400  cm3  were  introduced
by  Directive  89/458/EEC (13);  whereas 
these
standards  have  been  extended  to  all  passenger  cars
independently  of  their  engine  capacity  on  the  basis
test  procedure
of 
comprising  an  extra-urban  driving  cycle;  whereas
requirements  relating  to  evaporative  emissions  and
to 
the  durability  of  emission-related  vehicle
components  as  well  as  more  stringent  particulate
pollutant  standards  for  motor  vehicles  equipped
with  diesel  engines  were  introduced  by  Directive
91/441/EEC (14);  whereas  Directive  94/12/EC  of
the  European  Parliament  and  of  the  Council (15)
introduced  more  stringent 
limit  values  for  all
pollutants  and  a  new  method  for  checking  on  the
conformity  of  production;  whereas  passenger  cars
designed  to  carry  more  than  six  passengers  and
having  a  maximum  mass  of  more  than  2 500  kg,
light  commercial  vehicles,  and  off-road  vehicles,
covered by Directive 70/220/EEC, which previously
benefited 
less  stringent  standards,  have
since  been  subject,  pursuant  to  Council  Directive

improved  European 

from 

an 

(6) OJ  L  76,  6.4.1970,  p.  1.  Directive  as  last  amended  by
Directive  96/69/EC  of  the  European  Parliament  and  of  the
Council  (OJ  L  282,  1.11.1996,  p.  64).

(1) OJ  C  106,  4.4.1997,  p.  6.
(2) OJ  C  206,  7.7.1997,  p.  113.
(3) Opinion  of  the  European  Parliament  of  18  February  1998
(OJ  C  80,  16.3.1998),  Council  common  position  of  23
March 1998 and Decision of the European Parliament of . . .
(not  yet  published  in  the  Official  Journal).

(4) OJ  C  112,  20.12.1973,  p.  1.
(5) OJ  C  138,  17.5.1993,  p.  1.

(7) OJ  L  159,  15.6.1974,  p.  61.
(8) OJ  L  32,  3.2.1977,  p.  32.
(9) OJ  L  223,  14.8.1978,  p.  48.
(10) OJ  L  197,  20.7.1983,  p.  1.
(11) OJ  L  36,  9.2.1988,  p.  1.
(12) OJ  L  214,  6.8.1988,  p.  1.
(13) OJ  L  226,  3.8.1989,  p.  1.
(14) OJ  L  242,  30.8.1991,  p.  1.
(15) OJ  L  100,  19.4.1994,  p.  42.

C 161/46

EN

Official  Journal  of  the  European  Communities

27.5.98

93/59/EEC (1)  and  Directive  96/69/EC  of 
the
European  Parliament  and  of  the  Council (2),  to
standards  as  stringent  as  those  for  passenger  cars,
taking  into  account  the  specific  conditions  of  these
vehicles;  whereas  Directive  98/. . ./EC  of 
the
European Parliament and of the Council laid down
more  stringent  pollutant  standards  for  passenger
cars in the framework of the European programme
on  air  quality,  road  traffic  emissions,  fuels  and
engine  technologies,  hereinafter  referred  to  as  ‘the
Auto/Oil Programme’;

(4) Whereas  the  Auto/Oil  Programme  addressed  also
the  question  of  pollutant  emissions  by 
light
therefore
commercial  vehicles;  whereas 
appropriate  to  extend  the  provisions  of  Directive
98/. . ./EC  to  such  vehicles;

is 

it 

(5) Whereas  a  cost/effectiveness  study  within  Auto/Oil
Programme  has  shown  that  a  further  improvement
of  vehicle  anti-pollution  technology  is  necessary
with  a  view  to  achieving,  in  the  year  2010,
the
the 
communication  by 
that
Programme;

in 
the  Commission  on 

air-quality  objectives  described 

(6) Whereas  the  improvement  of  requirements  for  new
passenger  cars  and  light  commercial  vehicles  in
Directive  70/220/EEC  constitutes  a  part  of  a
consistent  global  Community  strategy  which  will
also  include  a  revision  of  standards  for  heavy  duty
vehicles  from  the  year  2000,  an  improvement  of
motor  fuels  and  more  accurate  assessment  of
in-service  vehicle  emission  performance;  whereas,
alongside  these  measures,  additional  cost-effective
local  measures  will  nevertheless  be  needed  to
achieve  the  air-quality  criteria  in  the  most  polluted
areas;

(7) Whereas  extension  of 

II  Programme;  whereas,  when 

the  present  durability
provisions  will  be  considered  in  the  context  of  the
Auto/Oil 
that
extension is considered, account should be taken of
the  fact  that  light  commercial  vehicles  used  for
commercial  purposes  have  longer  useful  lives  than
other  light  commercial  vehicles;

(8) Whereas  reductions  of  the  type  I  test 

in  carbon  monoxide 

limits
applicable  from  the  year  2000  (corresponding  to  a
drop  of  40 %  in  nitrogen  oxides,  40 %  in  total
hydrocarbons,  30 % 
for
petrol-driven  passenger  cars  and  petrol-driven  light
commercial vehicles, 20 % in nitrogen oxides, 20 %
in  the  combined  value  for  hydrocarbons  plus
nitrogen oxides, 40 % in carbon monoxide, 35 % in
particulates  for  indirect  injection  diesel  passenger
cars  and  40 %  in  nitrogen  oxides,  40 %  in  the

(1) OJ  L  186,  28.7.1993,  p.  21.
(2) OJ  L  282,  1.11.1996,  p.  64.

that 

combined  value  for  hydrocarbons  plus  nitrogen
oxides,  40 %  in  carbon  monoxide  and  50 %  in
particulates  for  direct  injection  diesel  passenger
cars,  and  a  reduction  of  20 %  in  nitrogen  oxides,
65 %  in  hydrocarbons,  40 %  in  carbon  monoxide
and 35 % in particulates for diesel light commercial
vehicles)  have  been  identified  as  key  measures  for
achieving 
sufficient  medium-term  air  quality;
whereas  these  reductions  have  been  applied  to
hydrocarbons  and  nitrogen  oxides  with 
the
represent
nitrogen 
assumption 
respectively  45 %  and  80 %  of  the  weight  of  the
combined  value  measured  for  petrol/diesel  vehicles
complying  with  Directive  94/12/EC  and  Directive
96/69/EC respectively; whereas separate limit values
are now normally fixed for petrol-driven vehicles in
order  to  monitor  the  emissions  of  both  pollutants;
whereas  a  combined  limit  value  is  maintained  for
diesel  vehicles  for  which  the  Stage  2000  standards
are the most demanding, with a view to facilitating
engineering  of 
these
reductions  will  take  into  account  the  effect  on  real
emissions  of  a  modification  also  adopted  for  the
test  cycle  with  a  view  to  better  representing
emissions  after  a  cold  start  (‘deletion  of  40  s’);

future  engines;  whereas 

oxides 

(9) Whereas  Commission  Directive 

the 

test 

into 

conditions 

96/44/EC (3)
of  Directive
brought 
70/220/EEC 
line  with  those  of  Council
Directive  80/1268/EEC  of  16  December  1980
relating  to  the  carbon  dioxide  emissions  and  the
fuel consumption of motor vehicles (4), in particular
as  far  as  the  relationship  between  the  reference
mass of the vehicle and the equivalent inertia which
is  to  be  used  is  concerned;  whereas  it  is  now
appropriate  to  align  the  reference  mass  definitions
of  vehicles  of  categoty  N1  classes  I,  II  and  III  with
those  of  Directive  96/44/EC;

(10) Whereas  Article  5  of  Directive  70/220/EEC  lays
down  that  the  amendments  which  are  necessary  to
adapt  the  requirements  of  the  Annexes  to  technical
progress  shall  be  adopted  in  accordance  with  the
procedure  laid  down  in  Article  13  of  Directive
70/156/EEC (5);  whereas  in  the  meantime  several
other  Annexes  have  been  added  to  the  Directive
and  it  is  essential  that  all  Annexes  to  Directive
70/220/EEC can be adapted to technical progress in
accordance  with  the  said  procedure;

(11) Whereas  Directive  70/220/EEC  should  be  amended

accordingly,

(3) OJ  L  210,  20.8.1996,  p.  25.
(4) OJ  L  375,  31.12.1980,  p.  36.  Directive  as  last  amended  by
Commission  Directive  93/116/EC  (OJ  L  329,  30.12.1993,
p.  39).

(5) OJ  L  42,  23.2.1970,  p.  1.  Directive  as  last  amended  by
Directive  97/27/EC  of  the  European  Parliament  and  of  the
Council  (OJ  L  233,  25.8.1997,  p.  1).

27.5.98

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C 161/47

HAVE  ADOPTED  THIS  DIRECTIVE:

Article  1

Directive 98/. . ./EC  shall  be  amended  as  follows:

1. Article  1  shall  be  replaced  by  the  following:

‘Article  1

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

1.

2.

in  Article  5,  “Annexes  I  to  VII”  shall  be  replaced
by  “Annexes  I  to  XI”;

the Annexes shall be amended in accordance with
the  Annex  to  this  Directive.’;

2. Article  2  shall  be  replaced  by  the  following:

‘Article  2

1.
Subject  to Article 6,  with  effect  from  . . . (*),  no
Member  State  may,  on  grounds  relating  to  air
pollution  by  emissions  from  motor  vehicles:

— refuse  to  grant  EC  type-approval  pursuant  to

Article  4(1)  of  Directive  70/156/EEC,  or

— refuse  to  grant  national  type-approval,  or

— prohibit  the  registration,  sale  or  entry  into  service
of  vehicles  pursuant  to  Article  7  of  Directive
70/156/EEC,

if  the  vehicles  comply  with  the  requirements  of
Directive  70/220/EEC,  as  amended  by  this  Directive.

2.
Subject  to  Article  6,  with  effect  from  1  January
2000  for  vehicles  in  category  M,  as  defined  in
Annex  II,  Section  A,  to  Directive  70/156/EEC  —
except  vehicles  the  maximum  mass  of  which  exceeds
2 500  kg  —  for  vehicles  in  category  N1  class  I,  and,
with  effect  from  1  January  2001,  for  vehicles  in
category  N1  classes  II  and  III,  as  defined  in  the  table
in 
to  Directive
70/220/EEC,  and  for  vehicles  in  category  M  the
maximum  mass  of  which  exceeds  2 500  kg,  Member
States  may  no  longer  grant:

section  5.3.1.4  of  Annex 

I 

— EC  type-approval  in  accordance  with  Article  4(1)

of  Directive  70/156/EEC,  or

— national  type-approval,  except  where  recourse  is
had  to  Article  8(2)  of  Directive  70/156/EEC,

for  a  new  vehicle  type  on  grounds  relating  to  air
pollution  by  emissions,  if  it  fails  to  comply  with  the
provisions  of  Directive  70/220/EEC,  as  amended  by
this  Directive.

For  the  type  I  test  the  limit  values  set  out  in  rows  A
and  C  of  the  table  in  section  5.3.1.4  of  Annex  I  to
Directive  70/220/EEC  shall  be  used.

3. With effect from 1 January 2001 for vehicles in
category  M  —  except  vehicles  the  maximum  mass  of
which exceeds 2 500 kg — for vehicles in category N1
class  I,  and,  with  effect  from  1  January  2002,  for
vehicles in category N1  classes II and III, as defined in
the  table  in  section  5.3.1.4  of  Annex  I  to  Directive
70/220/EEC,  and  for  vehicles  in  category  M  the
maximum  mass  of  which  exceeds  2 500  kg,  Member
States  shall:

— consider 

certificates 

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

— refuse the registration, sale or entry into service of
new  vehicles  which  are  not  accompanied  by  a
certificate  of  conformity 
in  accordance  with
Directive  70/156/EEC,  except  where  recourse  is
had  to  Article  8(2)  of  that  Directive,

on  grounds  relating  to  air  pollution  by  emissions,  if
comply  with  Directive
the 
70/220/EEC,  as  amended  by  this  Directive.

vehicles 

fail 

to 

For  the  type  I  test,  the  limit  values  set  out  in  rows  A
and  C  of  the  table  in  section  5.3.1.4  of  Annex  I  to
Directive  70/220/EEC  shall  be  used.

Until  1  January  2003,  vehicles  in  category  M1
4.
fitted  with 
the
maximum mass of which exceeds 2 000 kg and which
are

compression 

ignition 

engines 

— designed  to  carry  more  than  six  occupants

including  the  driver,  or

— off-road  vehicles  as  defined 

in  Annex  II  to

Directive  70/156/EEC,

shall  be  considered,  for  the  purposes  of  paragraphs  2
and  3,  as  vehicles  in  category  N1.

5. Member  States  shall:

— consider  as  no  longer  valid  the  certificates  of
conformity  for  vehicles  approved  in  accordance
with  footnote  1,  as  amended  by  footnotes  2  and
3,  to  the  table  in  section  5.3.1.4  of  Annex  I  to
Directive  70/220/EEC  as  inserted  by  Directive
96/69/EC,  and

C 161/48

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27.5.98

— refuse the registration, sale or entry into service of

new vehicles

(a) with  effect  from  1  January  2001,  for  vehicles
in  category  M1  and  in  category  N1,  class  I,
except  vehicles  designed  to  carry  more  than
six  occupants 
the  driver,  and
including 
vehicles the maximum mass of which exceeds
2 500  kg,  and

(b) with  effect  from  1  January  2002,  for  vehicles
in  category  N1,  classes  II  and  III,  vehicles
designed  to  carry  more  than  six  occupants
including 
the
maximum  mass  of  which  exceeds  2 500  kg.

the  driver,  and  vehicles 

6.
Until the dates referred to in paragraphs 2 and 3
type-approval  shall  be  granted  and  conformity-of-
production  verifications  carried  out  in  accordance
with  Directive  70/220/EEC  as  amended  by  Directive
96/69/EC.

(*) Nine  months  after  this  Directive  enters  into
force.’;

3.

the fourth subparagraph of Article 3 shall be replaced
by  the  following:

‘The  proposal  shall  contain,  inter  alia,  mandatory
emission  limit  values  to  be  applied  from  1  January
2005  confirming  or  amending  the  indicative  limit
values stipulated in section 5.3.1.4, rows B and D, of
Annex I to Directive 70/220/EEC, as amended by this
Directive.  In  addition,  the  proposal  shall  establish
whether  the  framework  under  which  Member  States
can  make  provision  for  tax  incentives  established  in
Directive  70/220/EEC,  as  amended  by  this  Directive,
should  be  revised.’;

4. Article  5  shall  be  replaced  by  the  following:

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 mandatory limit values set out in
rows  A  and  C  of  the  table  in  section  5.3.1.4  of
Annex  I  to  Directive  70/220/EEC,  as  amended  by
this  Directive,  and  thereafter  as  from  1  January
2000  for  vehicles  in  category  M1  and  in  category
N1  class  I,  and,  with  effect  from  1  January  2001,
for vehicles in category N1  classes II and III, which
comply  with  the  indicative  limit  values  set  out  in
rows  B  and  D  of  the  same  table,

— they  shall  be  terminated  with  effect  from  the
mandatory application of the emission limit values
laid  down  in  Article  2(3)  for  new  motor  vehicles,
or by 1 January 2005 in the case of the indicative
limit  values  set  out  in  rows  B  and  D  of  the  table
in  section  5.3.1.4  of  Annex  I  to  Directive
70/220/EEC,  as  amended  by  this  Directive,

solutions 

— for  each  type  of  motor  vehicle,  they  shall  be  for
an  amount  lower  than  the  additional  cost  of  the
technical 
ensure
compliance  with  the  values  set  in  Article  2(3),  or
the indicative limit values set out in rows B and D
of  the  table  in  section  5.3.1.4  of  Annex  I  to
Directive  70/220/EEC,  as  amended  by 
this
Directive,  and  of  their  installation  on  the  vehicle.

introduced 

to 

The  Commission  shall  be  informed  in  sufficient  time
of  any  plans  to  institute  or  change  the  incentives
referred  to  in  the  first  subparagraph  so  that  it  can
submit  its  observations.’;

‘Article  5

5.

the  Annex  shall  be  amended  as  follows:

Member States may make provision for tax incentives
only  in  respect  of  motor  vehicles  in  series  production

(a)

in  point  10,  figure  1.5.2  shall  be  replaced  by  the
following:

27.5.98

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C 161/49

‘Figure  1.5.2.

Different  routes  for  type-approval  and  extensions

Type-approval test

Positive-ignition engined vehicles
of  categories  M  and  N

Compression-ignition  engined  vehicles
of  categories  M1  and  N1

Type  I

Type  II

Type  III

Type  IV

Type  V

Type  VI

Yes
(maximum  mass  # 3,5 t)

Yes
(maximum  mass  # 3,5 t)

Yes
(maximum  mass  . 3,5 t)

Yes

Yes
(maximum  mass  # 3,5 t)

—

—

—

Yes
(maximum  mass  # 3,5 t)

Yes
(maximum  mass  # 3,5 t)

Yes
(vehicles  in  category  M1  and
category  N1  class I) (1)

—

Extension

Section  6

— Section  6
— M2  and  N2  with  reference

mass  not  more  than
2 840  kg (2)

On-board-diagnostics

Yes,  in  accordance  with
section  8.1

Yes,  in  accordance  with
section  8.2

(1) The Commission will as soon as possible, but not later than 1 June 1999, propose value limits for classes II
and III, in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC. These value limits
shall  be  applied  no  later  than  2003.

(2) The  Commission  will  study  further  the  question  of  extending  the  type-approval  test  to  vehicles  in  categories
M2  and N2  with a reference mass not exceeding 2 840 kg, and put forward proposals no later than 2004 in
accordance with the  procedure laid down in Article 13 of Directive 70/156/EEC, for measures to be  applied
in  2005.’;

(b) point  13  shall  be  replaced  by  the  following:

‘13. Section  5.3.1.4:

— A  new  table,  to  read  as  follows,  shall  be  inserted  after  the  first  paragraph:

“Limit values

Reference
mass

Mass  of  carbon
monoxide

Mass  of
hydrocarbons

Mass  of  oxides
of  nitrogen

(RW)

(CO)

(HC)

(kg)

L1
(g/km)

L2
(g/km)

(NOx)

L3
(g/km)

Combined
mass  of
hydrocarbons
and  oxides  of
nitrogen
(HC + NOx)

L2 + L3
(g/km)

Mass  of
particulates
(1)

(PM)

L4
(g/km)

Category

Class

Petrol Diesel

Petrol Diesel

Petrol Diesel

Petrol Diesel

Diesel

A  (2000) M (2)

B  (2005) M (2)

—

—

All

All

2,3

0,64

0,20

1,00

0,50

0,10

—

—

0,15

0,50

0,08

0,25

—

—

0,56

0,05

0,30

0,025

C 161/50

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27.5.98

Limit values

Reference
mass

Mass  of  carbon
monoxide

Mass  of
hydrocarbons

Mass  of  oxides
of  nitrogen

(RW)

(CO)

(HC)

(kg)

L1
(g/km)

L2
(g/km)

(NOx)

L3
(g/km)

Combined
mass  of
hydrocarbons
and  oxides  of
nitrogen
(HC + NOx)

L2 + L3
(g/km)

Mass  of
particulates
(1)

(PM)

L4
(g/km)

Category

Class

Petrol Diesel

Petrol Diesel

Petrol Diesel

Petrol Diesel

Diesel

C  (2000) N1 (3)

I

II

RW # 1305

1305 , RW
# 1760

2,3

0,64

0,20 —

0,15

0,50

—

0,56

0,05

4,17

0,80

0,25

—

0,18

0,65

— 0,72

0,07

III

1760 , RW

5,22

0,95

0,29

—

0,21

0,78

1,0

0,50

0,10 —

0,08

0,25

—

—

0,86

0,10

0,30

0,025

1,81

0,63

0,13 —

0,10

0,33

— 0,39

0,04

D  (2005) N1 (3)

I

II

RW # 1305

1305 , RW
# 1760

III

1760 , RW 2,27

0,74

0,16

—

0,11

0,39

—

0,46

0,06

(1) For  compression  ignition  engines.
(2) Except  vehicles  the  maximum  mass  of  which  exceeds  2 500  kg.
(3) And  those  category  M  vehicles  which  are  specified  in  note  2.”;

— The  first  line  of  the  present  table  relating  to  vehicles  of  category  M  shall  be  deleted.’

(c) under  point  14,  section  5.3.5.1  shall  read  as

follows:

‘8.

ON-BOARD-DIAGNOSTIC 
FOR  MOTOR  VEHICLES

(OBD)  SYSTEM

‘5.3.5.1. This  test  must  be  carried  out  on  all
M1  and  N1  class  I  vehicles  equipped
with  positive-ignition  engines,  except
vehicles  designed  to  carry  more  than
the
six  occupants 
maximum  mass  of  which  exceeds
2 500  kg.’;

vehicles 

and 

(d) under  point  20,  sections  7.1.1  and  7.1.2,  the
footnote  shall  be  amended  to  read  as  follows:

supplemented  without  delay 

‘(1) Sections 7.1.1 and 7.1.2 will be re-examined
and 
in
accordance with the procedure laid down in
Article  13  of  Directive  70/156/EEC,  while
taking  account  of  the  particular  problems
associated  with  vehicles  in  category  N1  and
with  the  vehicles  in  category  M  referred  to
in footnote 2 to the table in section 5.3.1.4.
Proposals  must  be  submitted  in  good  time
for  their  adoption  before  the  dates  laid
down  in  Article  2(3).’;

(e)

in  point  24,  section  8  shall  be  replaced  by  the
following:

8.1. Vehicles in categories M1  and N1  equipped
with  positive-ignition  engines  must  be
fitted  with  on-board  diagnostic  (OBD)
systems  for  emission  control  in  accordance
with  Annex  XI.

8.2. Vehicles in categories M1  and N1  equipped
with  compression-ignition  engines  must,
from  1  January  2005,  be  fitted  with
on-board  diagnostic  (OBD)  systems  for
emission  control 
in  accordance  with
Annex  XI.  Where  compression-ignition
engined  vehicles  entering 
into  service
before  that  date  are  fitted  with  OBD
systems,  sections  6.5.3 
to  6.5.3.5  of
Annex  XI,  Appendix  1,  shall  apply.

8.3. Vehicles  in  other  categories

Vehicles  in  other  categories  or  vehicles  in
categories  M1  and  N1,  not  covered  by  8.1
or  8.2,  may  be  fitted  with  on-board
diagnostic  systems.  In  that  event  sections
6.5.3 to 6.5.3.5 of Annex XI, Appendix 1,
shall apply.’;

27.5.98

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C 161/51

(f) under point 37, section 2.1.1 shall be replaced by

the  following:

‘2.1.1. This  section  deals  with  the  equipment
low  ambient  temperature
needed  for 
tests  on  positive-
exhaust  emission 
ignition vehicles. Equipment required and
specifications  are  equivalent  with  the
requirements  for  the  type  I  test  as
specified in Annex III, with appendices, if
specific  requirements  for  the  Type  VI
test  are  not  prescribed.  Sections  2.2  to

2.6  describe  deviations  applicable  to
type  VI 
temperature
low  ambient 
testing.’;

(g) under point 42, section 3.3.2 shall be replaced by

the  following:

‘3.3.2. The  OBD  system  must 

indicate  the
failure  of  an  emission-related  component
or  system  when  that  failure  results  in  an
increase  in  emissions  above  the  limits
given  in  the  table  below:

Limit values

Reference
mass

(RW)

(kg)

Mass  of
carbon
monoxide

(CO)

L1
(g/km)

Mass  of
hydrocarbons

Mass  of  oxides
of  nitrogen

(HC)

L2
(g/km)

(NOx)

L3
(g/km)

Mass  of
particulates
(1)
(PM)

L4
(g/km)

Category

Class

Petrol Diesel

Petrol Diesel

Petrol Diesel

Diesel

M (2)

—

All

3,2

3,2

0,4

0,4

0,6

1,2

0,18

N1 (3)

I

II

RW # 1305

1305 , RW
# 1760

3,2

3,2

0,4

0,4

0,6

1,2

0,18

5,8

4,0

0,5

0,5

0,7

1,6

0,23

III

1760 , RW 7,3

4,8

0,6

0,6

0,8

1,9

0,28

(1) For  compression  ignition  engines.
(2) Except  vehicles  the  maximum  mass  of  which  exceeds  2 500  kg.
(3) And  those  category  M  vehicles  which  are  specified  in  note  2.’.

Article  2

Article  3

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

When  Member  States  adopt  these  measures,  they  shall
contain  a  reference  to  this  Directive  or  shall  be
accompanied  by  such  reference  on  the  occasion  of  their
official  publication.  The  methods  of  making  such
reference  shall  be  laid  down  by  the  Member  States.

States 

2. Member 
the
shall 
Commission  the  text  of  the  main  provisions  of  national
law  which  they  adopt  in  the  field  covered  by  this
Directive.

communicate 

to 

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

Article  4

This  Directive  is  addressed  to  the  Member  States.

Done  at  Brussels,  . . .

For  the
European Parliament

The  President

For  the  Council

The  President

(1) Nine  months  after  this  Directive  enters  into  force.

C 161/52

EN

Official  Journal  of  the  European  Communities

27.5.98

STATEMENT  OF  THE  COUNCIL’S  REASONS

I.

INTRODUCTION

1. On  29  August  1996  the  Commission  submitted  a  proposal,  based  on  Article  100a
of  the  EC  Treaty,  relating  to  measures  to  be  taken  against  air  pollution  by  emissions
from  motor  vehicles  (passenger  cars)  and  amending  Directives  70/156/EEC  and
70/220/EEC.

2. The  European  Parliament  delivered  its  opinion  on  10  April  1997.

3. The  Economic  and  Social  Committee  delivered  its  opinion  on  27  April  1995.

4. On  7  October  1997,  the  Council  adopted  a  common  position  on  the  Commission

proposal  in  accordance  with  Article  189b  of  the  Treaty.

5. On  27  February  1997,  the  Commission  had  submitted  an  amended  proposal  for  a
Directive relating to measures concerning light commercial vehicles to be incorporated
into  that  Directive.  However,  in  view  of  the  urgent  need  to  have  the  measures
concerning  passenger  cars  in  place  at  the  earliest  possible  date,  both  the  Council  and
the European Parliament considered that the amended proposal should be dealt with as
a  separate  exercise.  Thus  the  European  Parliament  did  not  take  account  of  the
amended proposal in its opinion in first reading; the Council, for its part, did not take
account  of  the  amended  proposal  in  its  common  position  of  7  October  1997  and
expressed its intention to adopt a common position on the amended proposal at a later
stage  (see  OJ  C  351,  19.11.1997,  p.  64,  point  5,  first  subparagraph).

6. The  European  Parliament  delivered  its  opinion  in  first  reading  on  the  amended
proposal on 18 February 1998 putting forward one amendment. That amendment was
not  accepted  by  the  Commission.

7. On  23  March  1998,  the  Council  adopted  a  common  position  on  the  Commission’s

amended  proposal  in  accordance  with  Article  189b  of  the  Treaty.

II. OBJECTIVE

8. The  objective  of  the  Commission’s  amended  proposal  is  to  extend  the  measures
relating  to  passenger  cars,  adopted  in  the  common  position,  to  light  commercial
vehicles  (international  category  N1).

The  proposal  mirrors  the  directive  on  passenger  cars  except  with  regard  to  the
timetable  for  the  implementation  of  the  proposed  measures.  The  limit  values  for
category N1, class I vehicles correspond with those for passenger cars. The limit values
for  category  N1,  class  II  and  III  vehicles  represent  a  proportional  reduction  compared
to  the  values  set  down  in  Directive  96/69/EC.  Provisions  relating  to  on-board
diagnostic  systems  (OBD)  and  to  in-use  compliance  are  largely  modelled  on  those
established  for  passenger  cars.

III. ANALYSIS  OF  THE  COMMON  POSITION

9. Preliminary comment

In  establishing  a  common  position  on  the  amended  proposal,  the  Council  has
structured the text in such a way that it could be merged into the text of the Directive
relating  to  passenger  cars,  failing  which  it  would  need  to  constitute  an  amendment  to
that  Directive.

27.5.98

EN

Official  Journal  of  the  European  Communities

C 161/53

10. Enacting  terms

(a) Recitals

A  new  recital  (recital  7)  has  been  added  concerning  the  future  consideration  of
durability provisions.

(b) Article  1,  point  2  (‘Article  2’)

Article  2  follows  the  corresponding  article  in  the  Directive  on  passenger  cars
containing  provisions  on  the  various  administrative  steps  relating  to  the  granting
of type-approval and the validity of type-approval certificates. It was noted during
the  technical  proceedings  that  certain  types  of  vehicles  in  category  M  (vehicles
whose maximum mass exceeds 2 500 kg, and vehicles having a maximum mass of
more  than  2 000  kg  which  are  fitted  with  diesel  engines  and  which  are  either
designed  to  carry  more  than  six  occupants  including  the  driver,  or  which  are
off-road  vehicles)  would  be  unable  to  meet  the  deadlines  laid  down  in  Article  2.
The  Council  has  therefore  introduced  derogations  for  those  types  of  vehicles.
Under the terms of paragraphs 2 and 3 and the new paragraph 4 of Article 2, such
vehicles  will  thus  qualify  for  a  one-year  extension  of  the  deadline.

(c) Article  1,  point  5(a)

In  Article  1,  point  5(a)  (point  6  in  the  Commission  proposal)  the  table  (1.5.2)  in
Annex  I  to  Directive  70/220/EEC  containing  details  of  the  different  tests  to  be
carried out in order to obtain or extend type-approval has been amended to align
it with the Directive on passenger cars by adding a type VI test (low temperature)
and  extending  it  to  category  N1  class  I  vehicles  with  positive  ignition  engines  (see
also  Article  1,  point  10  of  the  common  position).  Furthermore  on-board
diagnostic  (OBD)  provisions  have  been  extended  to  all  Category  N1  vehicles  (see
also  Article  1,  point  12  of  the  common  position)  but  at  a  later  date  for
implementation  for  compression  ignition  engine  vehicles.  Finally  two  notes  have
been  added,  stating  that  the  Commission  shall,  on  the  one  hand,  make  proposals
concerning  limit  values  for  the  type  VI  test  to  cover  vehicles  of  category  N1
classes II and III with effect from the year 2003, and, on the other hand, consider
the  question  of  maintaining  the  extension  of  type-approval  to  certain  vehicles  of
categories  M2  and  N2.

(d) Article  1,  point  5(b)

In  Article  1,  point  5(b)  (point  7  in  the  Commission  proposal),  with  regard  to  the
table  in  section  5.3.1.4  containing  the  emissions  limit  values,  the  Council  has
broadly  endorsed  the  Commission’s  proposal.  It  has,  however,  introduced  stricter
limit values for particulate emissions for the year 2000 for vehicles of category N1,
classes  II  and  III.  Those  stricter  limit  values,  0,07  and  0,10  g/km  respectively,
correspond  to  values  contained  in  the  amendment  put  forward  by  the  European
Parliament.  Furthermore,  the  vehicle  reference  masses  in  the  table  have  been
updated  to  take  account  of  the  values  contained  in  Directive  96/44/EC.

(e) Article  1,  point  5(g)

In  Article  1,  point  5(g)  (point  9b  in  the  Commission  proposal)  the  Council  has
retained, in  table  3.3.2, only the values proposed by the Commission for the year
2000,  believing  that  it  is  not  technically  feasible  at  this  stage  to  determine  the
values  to  be  applied  from  the  year  2005.