Commission Directive 1999/102/EC of 15 December 1999 adapting to technical progress Council Directive 70/220/EEC relating to measures to be taken against air pollution by emissions from motor vehicles (Text with EEA relevance)
Date: 1999-12-15
Institutions: European Commission
Subjects: air quality, motor vehicle, motor vehicle pollution, technological change

28. 12. 1999

EN

Official Journal of the European Communities

L 334/43

COMMISSION DIRECTIVE 1999/102/EC

of 15 December 1999

adapting to technical progress Council Directive 70/220/EEC relating to measures to be taken
against air pollution by emissions from motor vehicles

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 70/220/EEC of 20 March
1970 on the approximation of the laws of the Member States
relating to measures to be taken against air pollution by emis-
sions from motor vehicles (1), as last amended by Directive
98/69/EC of the European Parliament and of the Council (2),
and in particular Article 5 thereof,

(5)

Whereas:

(1)

(2)

(3)

(4)

Directive 70/220/EEC 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 (3), as last amended by Directive 98/91/EC of the
European Parliament and of the Council (4).

Directive 70/220/EEC lays down the specifications for
the testing of emissions of the motor vehicles covered by
its scope. In view of the recent experience gained and
the rapidly developing state of the art of on-board diag-
nostic (OBD) systems, it is appropriate to adapt those
specifications accordingly with effect
from the dates
specified in Directive 98/69/EC.

It is necessary to clarify the dates of application of the
OBD requirements of this Directive for new types and all
equipped with compres-
types of vehicles of category M1
sion-ignition engines and the maximum mass of which
exceeds 2 500 kg and for vehicles in category N
classes
II and III.

1

It is appropriate to clarify the OBD requirements in
relation to tamper prevention, disablement of engine
misfire monitoring during certain operating conditions,
the storage of distance travelled by the vehicle while a
malfunction is indicated to the driver
through the
malfunction indicator, the capability of the OBD system
to perform bi-directional logic control, the use of the P1
and P0 fault code sets of ISO 15031-6, the diagnostic
connector and to express the OBD threshold limits to
two decimal places. It is appropriate to introduce revised
for misfire monitoring under conditions
provisions

(1) OJ L 76, 6.4.1970, p. 1.
(2) OJ L 350, 28.12.1998, p. 1.
(3) OJ L 42, 23.2.1970, p. 1.
(4) OJ L 11, 16.1.1999, p. 25.

likely to cause catalyst damage to reduce the possibility
of false fault indications and to introduce the possibility
of partial catalyst volume monitoring and the use of the
enhanced on-board to off-board communications link
provided by controller area network (CAN).

It is appropriate to allow the type-approval of vehicles
with OBD systems that contain a limited number of
minor deficiencies that may arise at, or prior to the time
of type-approval or are discovered when vehicles are
already in service. The type-approval authority may also
issue an extension to the type-approval certificate for
vehicles that have already been type-approved in cases
where deficiencies are subsequently found within the
OBD system on vehicles in-service. Such extensions may
not be issued if there is a complete lack of monitoring
capability. A period should be specified within which
deficiencies
authority must be
corrected on future manufactured vehicles.

authorised by the

(6)

The measures provided for in this Directive are in
the Committee for
accordance with the opinion of
Adaptation to Technical
by
established
Directive 70/156/EEC,

Progress

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annexes I, VI, X and XI to Directive 70/220/EEC are amended
in accordance with the Annex to this Directive.

Article 2

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 31 December 1999 at the latest. They shall forth-
with inform the Commission thereof.

those provisions,

When Member States adopt
they shall
contain a reference to this Directive or be accompanied by
such a reference on the occasion of their official publication.
Member States shall determine how such reference is to be
made.

2. Member States shall communicate to the Commission the
texts of the main provisions of national law that they adopt in
the field governed by this Directive.

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

Article 3

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 15 December 1999.

For the Commission

Erkki LIIKANEN

Member of the Commission

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AMENDMENTS TO ANNEXES I, VI, X AND XI TO DIRECTIVE 70/220/EEC

ANNEX

A. Annex I is amended as follows:

1. Section 5.1.4.1 is replaced by the following:

‘5.1.4.1. Any vehicle with an emission control computer must include features to deter modification, except as
authorised by the manufacturer. The manufacturer shall authorise modifications if these modifications are
necessary for the diagnosis, servicing, inspection, retrofitting or repair of the vehicle. Any reprogrammable
computer codes or operating parameters must be resistant to tampering and afford a level of protection at
least as good as the provisions in ISO DIS 15031-7; dated October 1998 (SAE J2186 dated October
1996) provided that the security exchange is conducted using the protocols and diagnostic connector as
prescribed in Section 6.5 of Annex XI, Appendix 1. Any removable calibration memory chips must be
potted, encased in a sealed container or protected by electronic algorithms and must not be changeable
without the use of specialised tools and procedures.’

2. Section 5.1.4.5 is replaced by the following:

‘5.1.4.5. Manufacturers using programmable computer code systems (e.g. electrical erasable programmable read-
only memory, EEPROM) must deter unauthorised reprogramming. Manufacturers must include enhanced
tamper-protection strategies and write protect features requiring electronic access to an off site computer
maintained by the manufacturer. Methods giving an adequate level of tamper protection will be approved
by the authority.’

3. Sections 8.1, 8.2, 8.3 and 8.4 are replaced by the following:

‘8.1. Vehicles with positive-ignition engines

With effect from 1 January 2000 for new types and from 1 January 2001 for all types, vehicles of category
class I, must
M1
be fitted with an on-board diagnostic (OBD) system for emission control in accordance with Annex XI.

, except vehicles the maximum mass of which exceeds 2 500 kg, and vehicles of category N
1

With effect from 1 January 2001 for new types and from 1 January 2002 for all types, vehicles of category N1
classes II and III and vehicles of category M1, the maximum mass of which exceeds 2 500 kg, must be fitted
with an OBD system for emission control

in accordance with Annex XI.

8.2. Vehicles with compression-ignition engines

Vehicles of category M1, except

— vehicles designed to carry more than six occupants including the driver,

— vehicles whose maximum mass exceeds 2 500 kg,

from 1 January 2003 for new types and from 1 January 2004 for all types, must be fitted with an on-board
diagnostic (OBD) system for emission control

in accordance with Annex XI.

Where new types of compression-ignition engined vehicles entering into service prior to this date are fitted
with an OBD system, the provisions of sections 6.5.3 to 6.5.3.6 of Annex XI, Appendix 1, are applicable.

8.3. Vehicles with compression-ignition engines exempt from Section 8.2

From 1 January 2005 for new types and from 1 January 2006 for all types, vehicles of category M1 exempted
equipped with compression-ignition engines and the maximum
by Section 8.2, except vehicles of category M1
mass of which exceeds 2 500 kg, and vehicles in category N
class 1 equipped with compression-ignition
1
engines, must be fitted with on-board diagnostic (OBD) systems for emission control in accordance with
Annex XI.

, classes II and III
From 1 January 2006 for new types and 1 January 2007 for all types, vehicles in category N1
equipped with compression-ignition engines and vehicles of category M
1 equipped with compression-ignition
engines and the maximum mass of which exceeds 2 500 kg, must be fitted with on-board diagnostic (OBD)
systems for emission control

in accordance with Annex XI.

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Where compression-ignition engined vehicles entering into service prior to the dates given in this section are
fitted with OBD systems, the provisions of Sections 6.5.3 to 6.5.3.6 of Annex XI, Appendix 1, are applicable.

8.4. Vehicles of other categories

not covered by 8.1, 8.2 or 8.3, may be fitted
Vehicles of other categories or vehicles of category M1
with an OBD system. In this case, Sections 6.5.3 to 6.5.3.6 of Annex XI, Appendix 1 are applicable.’

and N
1

B.

In Annex VI, the table in Appendix 2 entitled ‘Diurnal ambient temperature profile for the calibration of the enclosure
and the diurnal emission test’

is replaced by the following table:

‘Diurnal ambient temperature profile for the calibration of the enclosure and the diurnal emmission test

Time
(hours)

Calibration

13

14

15

16

17

18

19

20

21

22

23

24/0

1

2

3

4

5

6

7

8

9

10

11

12

Test

0/24

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

Temperature
(°C

)
i

20

20,2

20,5

21,2

23,1

25,1

27,2

29,8

31,8

33,3

34,4

35

34,7

33,8

32

30

28,4

26,9

25,2

24

23

22

20,8

20,2’

C. Annex X is amended as follows:

1. The table in Section 1.8.

is replaced by the following table:

‘Type I

CO
(g/km)

THC (3)
(g/km)

NO
x
(g/km)

THC+NO
x
(g/km)

(2)

Particulates (2)
(g/km)

Measured

with DF

’

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2. Sections 1.8.1 to 1.8.5 are renumbered as 1.8.2 to 1.8.6.

3. Footnote 4 in Sections 1.8.3.1 to 1.8.3.4 is renumbered as footnote 3. Footnote 5 in Sections 1.8.3.5 to 1.8.3.8 is

renumbered as footnote 2.

Footnotes 4 and 5 are deleted.

D. Annex XI is amended as follows:

1. In the English version, Section 2.19 is added as follows:

‘2.19. “Repair information” means all information required for diagnosis, servicing, inspection, periodic monitoring
or repair of the vehicle and which the manufacturers provide for their authorised dealers/repair shops.
Where necessary, such information shall include service handbooks, technical manuals, diagnosis informa-
tion (e.g. minimum and maximum theoretical values for measurements), wiring diagrams, the software
calibration identification number applicable to a vehicle type, instructions for individual and special cases,
information provided concerning tools and equipment, data record information and two-directional
monitoring and test data. The manufacturer shall not be obliged to make available that information which
is covered by intellectual property rights or constitutes specific know-how of manufacturers and/or OEM
suppliers;

information shall not be improperly withheld.’

in this case the necessary technical

2. This item only concerns the Portuguese version.

3. A section 2.20 is added as follows:

‘2.20 “Deficiency” means, in respect of vehicle OBD systems, that up to two separate components or systems that
are monitored contain temporary or permanent operating characteristics that impair the otherwise efficient
OBD monitoring of those components or systems or do not meet all of the other detailed requirements for
OBD. Vehicles may be type-approved, registered and sold with such deficiencies according to the require-
ments of Section 4 of this Annex.’

4. Section 3.1.1 is replaced by the following:

‘3.1.1. Access to the OBD system required for the inspection, diagnosis, servicing or repair of the vehicle must be
unrestricted and standardised. All emission-related fault codes must be consistent with Section 6.5.3.4 of
Appendix 1 to this Annex.’

5. Section 3.2.2.2 is replaced by the following:

‘3.2.2.2. When a manufacturer can demonstrate to the authority that the detection of higher levels of misfire
percentages is still not feasible, or that misfire cannot be distinguished from other effects (e.g. rough
roads, transmission shifts, after engine starting; etc.) the misfire monitoring system may be disabled
when such conditions exist.’

6. Section 3.3.2 and the table are 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 emissions exceeding the threshold limits given below:

Reference mass

(RW)

(kg)

all

RW ≤ 1305

1305 < RW ≤ 1760

1760 < RW

Mass of carbon
monoxide

Mass of total
hydrocarbons

Mass of oxides of
nitrogen

Mass of

particulates (1)

(CO)

L

1

(g/km)

(THC)

L

2

(g/km)

(NO

)
x

L

3

(g/km)

(PM)

L

4

(g/km)

Petrol

Diesel

Petrol

Diesel

Petrol

Diesel

Diesel

3,20

3,20

5,80

7,30

3,20

3,20

4,00

4,80

0,40

0,40

0,50

0,60

0,40

0,40

0,50

0,60

0,60

0,60

0,70

0,80

1,20

1,20

1,60

1,90

0,18

0,18

0,23

0,28

Category

Class

M (2) (4)

N
1

(3) (4)

—

I

II

III

(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.
(4) The Commission proposal referred to in Article 3(1) of this Directive shall contain the threshold limit values for OBD for 2005/6 for M
1

and N
1

vehicles.’

7. Section, 3.3.3.1 is replaced by the following:

‘3.3.3.1. Reduction in the efficiency of the catalytic converter with respect to the emissions of HC only.
Manufacturers may monitor the front catalyst alone or in combination with the next catalyst(s)
downstream. Each monitored catalyst or catalyst combination shall be considered malfunctioning when
the emissions exceed the HC threshold given in the table in Section 3.3.2;’

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8. Section 3.3.3.5 is replaced by the following:

‘3.3.3.5. Unless otherwise monitored, any other emission-related powertrain component connected to a
computer, including any relevant sensors to enable monitoring functions to be carried out, must be
monitored for circuit continuity.’

9. Section 3.3.4.5 is replaced by the following:

‘3.3.4.5. Unless otherwise monitored, any other emission-related powertrain component connected to a

computer must be monitored for circuit continuity.’

10. Section 3.6.1 is replaced by the following:

‘3.6.1. The distance travelled by the vehicle while the MI is activated must be available at any instant through the

serial port on the standard link connector (2).

(2) This requirement is only applicable from 1 January 2003 to new types of vehicles with an electronic speed

input to the engine management.
January 2005.’

It applies to all new types of vehicles entering into service from 1

11. Section 3.7.1 is replaced by the following:

‘3.7.1. If misfire at levels likely to cause catalyst damage (as specified by the manufacturer) is not present any
more, or if the engine is operated after changes to speed and load conditions where the level of
misfire will not cause catalyst damage, the MI may be switched back to the previous state of activa-
tion during the first driving cycle on which the misfire level was detected and may be switched to the
normal activated mode on subsequent driving cycles. If the MI is switched back to the previous state
of activation, the corresponding fault codes and stored freeze-frame conditions may be erased.’

12. A Section 4 is added as follows:

‘4.

Requirements relating to the type-approval of on-board diagnostic systems

4.1. A manufacturer may request to the authority that an OBD system be accepted for type-approval even
though the system contains one or more deficiencies such that the specific requirements of this Annex
are not fully met.

4.2.

In considering the request, the authority shall determine whether compliance with the requirements of
this Annex is infeasible or unreasonable.

The authority shall take into consideration data from the manufacturer that details such factors as, but
not limited to, technical feasibility, lead time and production cycles including phase-in or phase-out of
engines or vehicle designs and programmed upgrades of computers, the extent to which the resultant
OBD system will be effective in complying with the requirements of this directive and that the manu-
facturer has demonstrated an acceptable level of effort toward compliance with the requirements of
this Directive.

4.2.1. The authority will not accept any deficiency request that includes the complete lack of a required

diagnostic monitor.

4.2.2. The authority will not accept any deficiency request that does not respect the OBD threshold limits in

Section 3.3.2.

4.3.

In determining the identified order of deficiencies, deficiencies relating to sections 3.3.3.1, 3.3.3.2 and
3.3.3.3 of this Annex for positive-ignition engines and sections 3.3.4.1, 3.3.4.2 and 3.3.4.3 of this
Annex for compression-ignition engines shall be identified first.

4.4.

Prior to or at the time of type-approval, no deficiency shall be granted in respect of the requirements
of Section 6.5, except Section 6.5.3.4, of Appendix 1 to this Annex.

4.5. Deficiency period

4.5.1. A deficiency may be carried-over for a period of two years after the date of type-approval of the
vehicle type unless it can be adequately demonstrated that substantial vehicle hardware modifications
and additional
lead-time beyond two years would be necessary to correct the deficiency. In such a
case, the deficiency may be carried-over for a period not exceeding three years.

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4.5.2. A manufacturer may request that the original type-approval authority grant a deficiency retrospectively
when such a deficiency is discovered after the original type-approval. In this case, the deficiency may
be carried over for a period of two years after the date of notification to the type-approval authority
unless it can be adequately demonstrated that substantial vehicle hardware modifications and additional
lead time beyond two years would be necessary to correct the deficiency. In such a case, the defi-
ciency may be carried-over for a period not exceeding three years.

4.6.

The authority shall notify its decision in granting a deficiency request
Member States according to the requirements of Article 4 to Directive 70/156/EEC.’

to all authorities in other

13. Appendix 1 is amended as follows:

(a) The third paragraph of Section 1 is replaced by the following:

‘When the vehicle is tested with the defective component or device fitted, the OBD system is approved if
the MI is activated. The OBD system is also approved if the MI is activated below the OBD threshold
limits.’

(b) Section 2.1, second indent,

is replaced by the following:

‘— preconditioning of the vehicle with a simulated malfunction over preconditioning specified in Section

6.2.1 or Section 6.2.2.’

(c) Section 6.3.1.5 is replaced by the following:

‘6.3.1.5. Electrical disconnection of the evaporative purge control device (if equipped). For this specific

failure mode, the Type I test need not be performed.’

(d) The second paragraph of Section 6.5.1.2 is replaced by the following:

‘The signals must be provided in standard units based on the specifications given in 6.5.3. Actual signals
must be clearly identified separately from default value or limp-home signals.’

(e) Section 6.5.1.5 is added as follows:

‘6.5.1.5. From 1 January 2003 for new types and from 1 January 2005 for all types of vehicles entering
into service, the software calibration identification number shall be made available through the
serial port on the standardised data link connector. The software calibration identification
number shall be provided in a standardised format.’

(f) Sections 6.5.3.1 to 6.5.3.6 are replaced by the following:

‘6.5.3.1. One of the following standards with the restrictions as described must be used as the on-board

to off board communications link:

ISO 9141-2 “Road Vehicles — Diagnostic Systems — CARB Requirements for the Interchange of
Digital Information”;

ISO FDIS 11519-4 “Road Vehicles — Low Speed Serial Data Communication — Part 4: Class B
Data Communication Interface (SAE J1850)”. Emission-related messages must use the cyclic
redundancy check and the three byte header and not use inter-byte separation or checksums.

ISO FDIS 14230 — Part 4 “Road Vehicles — Diagnostic Systems — Keyword Protocol 2000”.

ISO WD 15765-4 “Road vehicles — Diagnostic systems Diagnostics on CAN — Part 4: Require-
ments for emissionrelated systems”.

6.5.3.2. Test equipment and diagnostic tools needed to communicate with OBD systems must meet or
exceed the functional specification given in ISO DIS 15031-4 — dated June 1998 (SAE J1978
— dated February 1998).

6.5.3.3. Basic diagnostic data,

information must be
(as specified in 6.5.1) and bi-directional control
provided using the format and units described in ISO DIS 15031-5 — dated October 1998 (SAE
J1979 — dated September 1997) and must be available using a diagnostic tool meeting the
requirements of ISO DIS 15031-4 — dated June 1998 (SAE J1978 — dated February 1998).

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6.5.3.4. When a fault is registered, the manufacturer must identify the fault using an appropriate fault
code consistent with those given in Section 6.3 of ISO DIS 15031-6 — dated October 1998
(SAE J2012 — dated July 1996), relating to “Powertrain system diagnostic trouble codes” (P0
fault codes). If such identification is not possible, the manufacturer may use diagnostic trouble
codes according to Sections 5.3 and 5.6 of ISO DIS 15031-6 dated October 1998 (SAE J2012
— dated July 1996) (P1 fault codes). The fault codes must be fully accessible by standardised
diagnostic equipment complying with the provisions of 6.5.3.2.

The note in Section 6.3 of ISO 15031-6 (SAE J2012 — dated July 1996) immediately preceding
the list of fault codes in the same section does not apply.

6.5.3.5. The connection interface between the vehicle and the diagnostic tester must be standardised and
must meet all the requirements of ISO DIS 15031-3 — dated December 1998 (SAE J1962 —
dated February 1998). The installation position must be subject to agreement of the approval
authority such that it is readily accessible by service personnel but protected from accidental
damage during normal conditions of use.

6.5.3.6. The manufacturer must also make accessible, where appropriate on payment, the technical infor-
mation required for the repair or maintenance of motor vehicles unless that
information is
covered by an intellectual property right or constitutes essential, secret know-how which is iden-
tified in an appropriate form;
information must not be
withheld improperly.

in such case, the necessary technical

Entitled to such information is any person engaged in commercially servicing or repairing, road-
side rescuing,
inspecting or testing of vehicles or in manufacturing or selling replacement or
retro-fit components, diagnostic tools and test equipment.’