Opinion of the Commission pursuant to Article 189B(2)(d) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a European Parliament and Council Directive 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: 1998-06-24
Institutions: European Commission
Subjects: EU environmental policy, atmospheric pollutant, commercial vehicle, motor vehicle, technical standard

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 24.06.1998 
COM(1998) 397  final 

96/0164 (COD) 

OPINION OF THE COMMISSION 
pursuant to Article 189 b (2) (d) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the 

proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 

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 

OPINION OF THE COMMISSION 

1.  Background  to the proposal 

-  A proposal to amend Directive 70/156/EEC and Directive 70/220/EEC was adopted by the 

Commission on  18th June  1996 (concerning emissions from  passenger cars) and transmitted to 
the Council, the European Parliament and the Economic and Social Committee on 29th August 
1996 (Reference COM(96)24H final). 

-  The Council adopted  a unanimous Common  Position on passenger car emissions on 7th 

October  1997 (Reference OJC35J,  vol. 40  of  19 November 1997). 

-  The European Parliament delivered its opinion in second reading on the above Council 

common position on  18th February  1998. 

-  The Commission  had submitted an amended proposal on measures to be incorporated  relating 
to light commercial vehicles into the directive referred  to in the first indent above on 20th 
February  1997 (Reference COM(97)61 final  of 20th February). 

However,  since the Council and the European Parliament chose not to include the Commission's 
amended  proposal on light commercial vehicles into their deliberations on passenger car 
emissions, they have considered  these proposals on the basis of a separate amending directive to 
directive 70/220/EEC. 

-  The European  Parliament delivered  its opinion in first  reading on the amended Commission 

proposal on  18th February  1998, adopting one amendment. 

-  The Council adopted  a Common Position on 23rd March  1998. 

-  The European  Parliament delivered  its opinion in second  reading on the Council's Common 

Position on 30th April  1998, adopting five amendments. 

2.  Objective of the amended  proposal 

The objective of the amended  proposal is to extend the proposal adopted by the Commission for 
passenger cars to light commercial vehicles (category Ni vehicles).  The proposal was made 
according to Article  189b(2) of the Treaty. 

The proposal  follows  the same format  as that  proposed  by the Commission for passenger cars 
except  the timetable for application  is delayed by one year for category  N| vehicles of weight 
classes 11  and  111.  It confirms  that  the limit values applicable to category  Nj vehicles of weight 
class 1  correspond  to those applicable for  passenger cars.  !t introduces emission limit values for 
category N] vehicles of weight classes 11  and III that represent  a proportional  reduction on the 
limit values laid down in Directive 96/69/EC.  Specific limits for on-board  diagnostics (OBD) are 
introduced  for  light commercial  vehicles and in-service conformity  checking is applied on the basis 
of the requirements adopted  in the earlier Commission  proposal for passenger cars. 

3.  Position adopted  by the European  Parliament in second reading and the Commission's 

reaction 

The European Parliament adopted five amendments to the common position of the Council.  The 
amendment which is central to the European Parliament's proposal is amendment 5.  The other 
amendments are as a consequence of amendment 5. 

The Commission can not accept any of these five amendments.  Dealing first with amendment 5: 

Amendment 5  Tightening of emission limits for 2000 and 2005 applicable to category Ni 

vehicles (classes I, II and III) 

This amendment introduces separate hydrocarbon (HC) and oxide of nitrogen (NOx) limits and 
more stringent emission limit values for HC (all classes for petrol and diesel), NOx (for class 1 
diesel only) and particulates (all classes).  It is in alignment with the amendment made for passenger 
cars in the second reading of that proposal and is based on 'best available technology'  The 
Commission did not accept the respective amendment in the European Parliament's second reading 
of the cars proposal.  The same reasons apply in the case of light commercial vehicles, as follows. 

There is a short time before the entry into force of the measures.  Consequently  the more stringent 
limits proposed  by the European  Parliament  for the year 2000 may not be feasible in that  timeframe, 
especially those limits for  NOx and particulates for diesel engined vehicles. 

The amendment also re-affirms  the European  Parliament amendment from  the first  reading that the 
2005 limits are mandatory,  not indicative.  The limits proposed for 2005 are not achievable without 
the emergence of new technologies which rely on the provision of reformulated  fuels,  for example 
fuels with a lower sulphur content.  The question of whether emission limits for 2005 for vehicles 
can be transformed  from  indicative to mandatory depends in any case on the transformation  of the 
indicative 2005 values for fuels into mandatory values.  Accepting this amendment would  prejudge 
the results of the Auto-Oil  II programme. 

The amendment also introduces a derogation to all classes of'off-road  vehicles' which would 
otherwise be classified  as category Mi vehicles, to meet the emission limits applicable to category 
Ni vehicles.  This is difficult  to understand  since the same derogation was removed from the 
emissions directive in  1996.  In its common position, the Council also introduced a derogation  for 
off-road  vehicles but it was recognised  that it was intended for specific vehicle types that would 
have difficulty  in meeting the 2000 limit values.  Therefore the Council common position precisely 
defines the vehicle categories to which this derogation  is applicable and also limits the derogation 
until  1  January 2003.  The Council  has taken a fair approach to a valid problem which the 
Commission  supported. 

For these reasons, this amendment and the consequential  amendments  1, 2, 3 and 4 cannot be 
supported. 

Amendment  1  Reference to the table of emission limits 

This is a consequential  editorial amendment  resulting from  amendment  5.  It changes the format of 
the emission limit table by placing all emission limits applicable from  the year 2000 into one row of 
that table, row A. 

Amendment 2  Reference to the table of emission limits 

This is a consequential editorial amendment resulting from amendment 5. It changes the format of 
the emission limit table by placing all emission limits applicable from the year 2000 into one row of 
that table, row A. 

Amendment 3  Date from which new type approvals must comply with the European 

Parliament's proposal for  mandatory 2005 limits 

This amendment introduces a new section which sets the deadline from which Member States may 
refuse to type approve vehicles that do not comply with the mandatory emission limits proposed by 
the European Parliament for application from the year 2005.  This is a consequence of one part of 
amendment 5 which defines the European Parliament's proposal for mandatory limits applicable 
from 2005. 

Amendment 4  Date from  which new vehicle registrations must comply with the European 

Parliament's proposal for  mandatory 2005 limits 

This amendment introduces a new section which sets the deadline from which Member States shall 
refuse the registration, sale or entry into service of new vehicles which do not comply with the 
mandatory emission limits proposed by the European Parliament for application from the year 2005. 
This is a consequence of one part of amendment 5 which defines the European Parliament's 
proposal for mandatory limits applicable from 2005. 

ISSN 0254-1475 

COM(98) 397  final 

DOCUMENTS 

EN 

14  12  15  05 

Catalogue number  : CB-CO-98-409-EN-C 

ISBN 92-78-37426-1 

Office for Official  Publications of the European Communities 

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