Amended proposal for a Directive of the European Parliament and of the Council amending Directive 97/24/EC on certain components and characteristics of two- and three wheel motor vehicles (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2001-05-23
Institutions: European Commission
Subjects: anti-pollution device, approval, safety device, signalling device, technical standard, two-wheeled vehicle

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Official Journal of the European Communities

28.8.2001

Amended proposal for a directive of the European Parliament and of the Council amending
Directive 97/24/EC on certain components and characteristics of two- and three wheel motor
vehicles (1)

(2001/C 240 E/22)

(Text with EEA relevance)

COM(2001) 145 final (cid:151) 2000/0136(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 28 May 2001)

(1) OJ C 337 E, 28.11.2000, p. 140.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Unchanged

Having regard to the Treaty establishing the European
Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

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

Whereas:

(1) The

action of

fifth programme of

the European
Community on protection of the environment, which in
its general approach was approved by the Council in its
Resolution of 1 February 1993 (1), provides for additional
efforts to be made for a considerable reduction in the
present
from motor
vehicles.

level of emissions of pollutants

(2) Directive 97/24/EC of the European Parliament and of the
Council (2)
is one of the separate Directives under the
type-approval procedure laid down by Council Directive
92/61/EEC of 30 June 1992 relating to the type-approval
of two and three-wheel vehicles (3), as last amended by
Directive 2000/7/EC of the European Parliament and of
the Council (4).

(3) Under Article 5 of Directive 97/24/EC, the Commission is
required to submit, within 24 months from the date of
adoption of the said Directive, to the European Parliament
and the Council, a proposal prepared on the basis of
the costs and benefits
research and an assessment of
tightened-up limit
deriving from the application of

___________
(1) OJ C 138, 17.5.1993, p. 1.
(2) OJ L 226, 18.8.1997, p. 1.
(3) OJ L 225, 10.8.1992, p. 72.
(4) OJ L 106, 3.5.2000, p. 1.

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INITIAL PROPOSAL

AMENDED PROPOSAL

values and laying down a subsequent stage during which
measures will be adopted aimed at further tightening of
the limit values for pollutants of the vehicles concerned;
such action is limited to motorcycles, since a subsequent
stage entailing tighter limit values for mopeds,
to be
applied from 17 June 2002,
is already provided for in
Directive 97/24/EC.

for

(4) On the basis of the assessment of the technical feasibility
test
and cost-effectiveness, a single set of new Type I
limits, applicable from 2003 for all motorcycles,
is
identified, corresponding to a reduction of 60 % for
hydrocarbons
four-stroke
and carbon monoxide
motorcycles, and 70 % for hydrocarbons and 30 % for
carbon monoxide for two-stroke motorcycles;
for four-
stroke motorcycles, further reductions in nitrogen oxides
were not considered feasible with the envisaged tech-
nologies; for two-stroke motorcycles, the application of
the
advanced direct
greatest
carbon
potential
reduction
monoxide and hydrocarbons,
is inevitably linked to a
moderate increase of the nitrogen oxides limit, relative
to the present-day limit value, bringing the limit in line
with four-stroke motorcycles; on the basis of the emission
inventory, which confirms the marginal share of motor-
cycles in total road-transport emissions of nitrogen oxides,
this is regarded as acceptable.

technology, which has
terms

engine

of

in

regard

to their

and having

(4a) In the light of the special characteristics and use of certain
well-known categories of vehicles such as trial motor-
cycles
low
contribution to overall road transport emissions owing
to the small number of vehicles
in
Europe (fewer than 13 000), it is considered acceptable,
with regard to the entry into force of the new limits in
2003, to grant a temporary exemption in order to allow
manufacturers of such vehicles time to introduce the
appropriate emission control technology.

sold each year

relatively

(5) Inspection and maintenance are regarded as essential to
ensure that emission levels of new vehicles do not fall
in this respect, and in
in-use below acceptable levels;
line with the provisions
the
requirements for type II
testing, and in particular the
limit for carbon monoxide content of 4,5 % by volume,
should be replaced by requirements to measure and record
the necessary data for the purpose of roadworthiness
testing.

for passenger

cars,

Unchanged

(6) Tricycles and quadricycles are equipped either with spark
in line with
each category

ignition or compression ignition engines;
emission limits
requires a separate set of limit values.

for passenger

cars,

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INITIAL PROPOSAL

AMENDED PROPOSAL

(7) The characteristics of the reference fuels used for emission
testing should be aligned with those applicable to
passenger cars, thereby reflecting the changes in the spec-
ifications of market
in accordance with the
Community legislation on the quality of petrol and
diesel fuels.

fuel

requirements

should be allowed, by way of
tax
(8) Member States
to expedite the placing on the market of
incentives,
vehicles which satisfy the
adopted at
Community level and to promote more environmentally
advanced technologies on the basis of permissive emission
values; such incentives should satisfy certain conditions
intended to avoid distortions of the internal market; this
to
Directive does not affect
include emissions of pollutants and other substances in
the basis for calculating road traffic taxes on two and
three-wheel vehicles.

the Member States’ right

(8a) Member States may take measures to encourage the retro-
three-wheeled vehicles with

fitting of older
emission-control devices and components.

two or

Unchanged

(9) A new type-approval

in test conditions

test cycle should be introduced
which will allow a more representative evaluation of the
that more
emissions performance,
closely resemble those encountered by vehicles in use,
and which takes into account the difference in driving
patterns between small and large motorcycles; additional
development work is in progress in order to support the
introduction of a new test cycle in a scientifically sound
manner.

(10) It is necessary to establish a further stage of emission
limits, comprising further
reductions with
respect to the limit values for 2003; such limit values
can be developed in detail only when the current test
the
cycle has been revised and after further study of
technical
feasibility and emission-reduction potential of
the technology.

substantial

(11) In accordance with the principles of subsidiarity and
proportionality as set out in Article 5 of the Treaty, the
objective of the proposed action, namely the reduction of
the level of pollutant emissions from two and three-wheel
vehicles, cannot be sufficiently achieved by the Member
States and can therefore be better achieved by the
approximation of the laws of the Member States on the
subject:
to the minimum
required in order to achieve that objective and does not
go beyond what is necessary for that purpose.

this Directive confines itself

(12) Directive 97/24/EC should be amended accordingly,

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INITIAL PROPOSAL

AMENDED PROPOSAL

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Chapter 5 of Directive 97/24/EC is amended in accordance
with the text in the Annex hereto.

Article 2

1. With effect from 1 January 2002, no Member State may,
on grounds relating to the measures to be taken against air
pollution:

(cid:151) refuse to grant EC type-approval pursuant to Article 4(1) of

Directive 92/61/EEC,

or

(cid:151) prohibit
vehicles,

the registration, sale or entry into service of

if the measures to be taken against air pollution comply with
the requirements of Directive 97/24/EC, as amended by this
Directive.

2. With effect from 1 January 2003, Member States shall
refuse to grant EC type-approval pursuant to Article 4(1) of
Directive 92/61/EEC for any type of vehicle on grounds relating
to the measures to be taken against air pollution, if it fails to
comply with the provisions of Directive 97/24/EC, as amended
by this Directive.

For the type I test, the limit values set out in row A of the
Table in Chapter 5, Annex II
to Directive 97/24/EC, as
amended by this Directive, shall be used.

3. With effect from 1 January 2004, Member States shall:

(cid:151) consider certificates of conformity which accompany new
to Directive 92/61/EEC as no longer

vehicles pursuant
valid, and

(cid:151) refuse the registration, sale or entry into service of new
vehicles which are not accompanied by a certificate of
conformity in accordance with Directive 92/61/EEC,

on grounds relating to the measures to be taken against air
pollution, if the vehicles fail to comply with the provisions of
Directive 97/24/EC, as amended by this Directive.

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INITIAL PROPOSAL

AMENDED PROPOSAL

For the type I test, the limit values set out in row A of the
Table in Chapter 5, Annex II
to Directive 97/24/EC, as
amended by this Directive, shall be used.

For trial motorcycles the date set in Article 2(2) shall be 1
January 2004 and the date set in Article 2(3) shall be 1 July
2005.

Trial motorcycles are defined as vehicles with the following
characteristics:

Smaximum seat height of 700 mm,

minimum ground clearance of 280 mm,

maximum fuel tank capacity of 4 litres,

Minimum overall gear ratio in the highest gear (primary ratio
(cid:215) gear ratio (cid:215) final drive ratio) of 7,5.

Article 3

Unchanged

1. Member States may make provision for tax incentives
only in respect of vehicles which comply with Directive
97/24/EC, as amended by this Directive. Such incentives shall
comply with either of the following conditions:

(a) 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 row A of the Table in
Chapter 5, Annex II to Directive 97/24/EC, as amended by
this Directive; they shall be terminated with effect from the
mandatory application of
the emission limit values laid
down in Article 2(3) for new vehicles; or

b)

they shall apply to all new vehicles offered for sale on the
market of a Member State which comply with the
permissive limit values set out in row B of the Table in
Chapter 5, Annex II to Directive 97/24/EC, as amended by
this Directive.

2.
For each type of vehicle referred to in paragraph 1, the
tax incentives shall be for an amount lower than the additional
cost of obtaining and fitting on the vehicle the technical
solutions introduced to ensure compliance with the values set
in either row A or row B of the Table in Chapter 5, Annex II to
Directive 97/24/EC, as amended by this Directive.

Member States may inter alia offer fiscal or financial incentives
for the retrofitting of older two or three-wheel vehicles if they
thereby meet the limit values contained in this directive or in
the earlier version of Directive 97/24/EC.

3.
The Commission shall be informed in sufficient time of
plans to create or change the tax incentives referred to in
paragraph 1, so that it can submit its observations.

Unchanged

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INITIAL PROPOSAL

Article 4

AMENDED PROPOSAL

1.
The Commission shall consider a further tightening of the
emission standards of vehicles falling within the scope of this
Directive, taking into account:

(a) technical developments in the field of emission control
technology and their technical and economic feasibility
with regard to their application to motorcycles;

(b) measures to limit

the economic impact on those small
manufacturers having an annual production volume of
less than 5 000 units per approved type;

(c) the opportunity to harmonise

the

test

cycle on a

Unchanged

world-wide basis;

(d) the correlation of limit values between the current and the

new test cycle;

On the elements

2.
Commission shall submit,
European Parliament and the Council, containing inter alia:

referred to in paragraph 1,
if necessary, a proposal

the
to the

(e) appropriate type-approval measures to confirm the dura-
bility of exhaust anti-pollution equipment during the
normal
life of two or three-wheel vehicles under normal
operating conditions.

Unchanged

(a) a new dedicated test cycle to be used for the measurement

(a) a new dedicated test cycle to be used for the measurement

of emissions in the type I test;

of exhaust and CO2 emissions in the type I test;

(b) mandatory emission limit values to be applied from 2006;

Unchanged

(c) provisions for monitoring the durability of emission control

equipment;

(d) provisions on the

conformity
inclusion of
requirements in the type approval procedure for two- or
three wheeled vehicles

in-service

(e) provisions to ensure that defeat devices or electronic cycle
by-pass arrangements to cut out or by-pass the settings of
anti-pollution control equipment are prohibited.

By 1 July 2001 the Commission shall report on the state of
negotiations on a world-wide harmonised test cycle and by 1
July 2003 shall propose a new test cycle to be used to measure
emissions in the Type I test.

Unchanged

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INITIAL PROPOSAL

AMENDED PROPOSAL

3.
The Commission shall submit, where necessary, an appro-
priate proposal to the European Parliament and the Council
containing provisions to introduce inspection and maintenance
requirements for motorcycles and two and three-wheel motor
vehicles.

Article 5

Unchanged

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
the latest. They shall
Directive by 31 December 2001 at
forthwith inform the Commission thereof.

When Member States adopt those provisions, 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.

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.

Article 7

This Directive is addressed to the Member States.

ANNEX

Chapter 5 of Directive 97/24/EC is amended as follows:

1. Annex II is amended as follows:

(a) Section 1.4. is replaced by the following:

(cid:145)1.4

(cid:147)Gaseous pollutants(cid:148) means the exhaust gas emissions of carbon monoxide, oxides of nitrogen
expressed in terms of nitrogen dioxide (NO2) equivalent, and hydrocarbons, assuming a ratio of:

(cid:151) C1H1,85 for petrol;

(cid:151) C1H1,86 for diesel.(cid:146)

(b) Section 2.2.1.1 is replaced by the following:

(cid:145)2.2.1.1.

Type I test (checking the average value of tailpipe emissions in a congested urban area)

2.2.1.1.1.

The test is carried out by the procedure described in Appendix 1. The methods used to collect and
analyse the gaseous pollutants are those laid down.

2.2.1.1.2.

Figure I.2.2 illustrates the routes for type I test.

2.2.1.1.3.

The vehicle is placed on a chassis dynamometer equipped with a means of load and inertia simu-
lation

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Figure I.2.2. (cid:151) Flow chart for the type I test

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2.2.1.1.4. During the test the exhaust gases are diluted and a proportional sample collected in one or more
bags. The exhaust gases of the vehicle tested are diluted, sampled and analysed, following the
procedure described below, and the total volume of the diluted exhaust is measured.

2.2.1.1.5.

Subject to the requirements of 2.2.1.1.6, the test must be repeated three times. The resulting masses
of gaseous emissions obtained in each test must be less than the limits shown in the table below
(row A):

Class

Mass of carbon
monoxide
(CO)

L1
(g/km)

Mass of hydrocarbons
(HC)

L2
(g/km)

Mass of oxides of
nitrogen
(NOx)
L3
(g/km)

Limit values for motorcycles (two-wheel) for type approval and conformity of production

A (2003)

B (1)

All

I (£ 150 cc3)

II (> 150 cc3)

5,5

2,0

2,0

1,2

0,8

0,3

0,3

0,2

0,1

Limit values for tricycles and quadricycles for type approval and conformity of production (positive
ignition)

A (2003)

All

7,0

1,5

0,4

Limit values for tricycles and quadricycles for type approval and conformity of production
(compression ignition)

A (2003)

All

2,0

1,0

0,65

(1) The values in row B are permissive and applicable for the purposes of Article 3 of the Directive.

2.2.1.1.5.1. Notwithstanding the requirements of 2.2.1.1.5, for each pollutant or combination of pollutants, one
of the three resulting masses obtained may exceed, by not more than 10 %, the limit prescribed,
provided the arithmetical mean of
the three results is below the prescribed limit. Where the
prescribed limits are exceeded for more than one pollutant it is immaterial whether this occurs in
the same test or in different tests.

2.2.1.1.6.

The number of tests prescribed in 2.2.1.1.5 is reduced in the conditions hereinafter defined, where V1
is the result of the first test and V2 the result of the second test for each pollutant.

2.2.1.1.6.1. Only one test is performed if the result obtained for each pollutant is less than or equal to 0,70 L (i.e.

V1 £ 0,70 L).

2.2.1.1.6.2. If the requirement of 2.2.1.1.6.1 is not satisfied, only two tests are performed if, for each pollutant the

following requirements are met:

V1 £ 0,85 L and V1 + V2 £ 1,70 L and V2 £ L.(cid:146)

(c) Table I and Table II in Section 2.2 are deleted.

d) Section 2.2.1.2 is replaced by the following:

(cid:145)2.2.1.2.

Type II test (test of carbon monoxide at idling speed) and emissions data required for roadworthiness
testing

2.2.1.2.1.

This requirement applies to all vehicles powered by a positive-ignition engine for which EC type-
approval is sought in accordance with this Directive.

2.2.1.2.2. When tested in accordance with Appendix 2 (type II test) at normal idling speed:

(cid:151) The carbon monoxide content by volume of the exhaust gases emitted is recorded.

(cid:151) The engine speed during the test must be recorded, including any tolerances.

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2.2.1.2.3. When tested at (cid:147)high idle(cid:148) speed (i.e. > 2 000 min(cid:150)1):

(cid:151) The carbon monoxide content by volume of the exhaust gases emitted is recorded.

(cid:151) The engine speed during the test must be recorded, including any tolerances.

2.2.1.2.4.

The engine oil temperature at the time of the test must be measured and recorded.

2.2.1.2.5.

The recorded data are completed in the relevant Sections of the document, referred to in Annex VII
of 92/61/EEC, as last amended.(cid:146)

(e) A new Section 3.1.1 is added, to read as follows:

(cid:145)3.1.1. A vehicle is taken from the series and subjected to the test described in 2.2.1.1. The limit values for

checking conformity of production are those indicated in the table in Section 2.2.1.1.5.(cid:146)

(f) The former Section 3.1.1. is renumbered as 3.1.2 and amended as follows:

(cid:151) the words (cid:145)Tables I and II(cid:146) are replaced by (cid:145)the Table in Section 2.2.1.1.5(cid:146).

(cid:151) the words (cid:145)the tables referred to in 2.2.1.1.2(cid:146) are replaced by (cid:145)the Table in Section 2.2.1.1.5(cid:146).

(g) Section 3.1.3 of Appendix 1 is replaced by the following:

(cid:145)3.1.3. The tightness of the intake system may be checked to ensure the carburation is not affected by an

accidental intake of air.(cid:146)

(h) In Section 5.3.1. of Appendix 1, the last sentence is amended, to read as follows;

(cid:145)Two complete pre-conditioning cycles are performed before the exhaust gases are collected.’(cid:146)

(i) Section 6.1.3 of Appendix 1 is replaced by the following:

(cid:145)6.1.3. Prior to the initiation of the first pre-conditioning cycle, a flow of air of variable speed is directed at the
motorcycle or motor tricycle. Two complete cycles are then performed during which no exhaust gases are
collected. The ventilation system must include a mechanism controlled by the speed of the bench roller so
that, in the range from 10 km/h to 50 km/h, the linear air speed at the blower outlet is equal to the
relative speed of the roller with an approximation of 10 %. For roller speeds below 10 km/h, the air speed
may be zero. The end section of the air blower device must have the following characteristics:

(i) surface area of at least 0,4 m2;

(ii) lower edge between 0,15 and 0,20 m above ground level;

(iii) distance from the leading edge of the motorcycle or motor tricycle between 0,3 and 0,45 m.(cid:146)

(j) In Section 6.2.2 of Appendix 1, the first sentence is deleted.

(k) Section 7.2.1 of Appendix 1 is replaced by the following:

(cid:145)7.2.1. After two pre-conditioning cycles (first moment of the first cycle), the operations specified in 7.2.2 to 7.2.5

are performed simultaneously.(cid:146)

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(l) Section 7.4 of Appendix 1 is replaced by the following:

(cid:145)7.4. Analysis

7.4.1. The exhaust gases contained in the bag must be analysed as soon as possible and in any event not later

than 20 minutes after the end of the test cycle.

7.4.2. Prior to each sample analysis the analyser range to be used for each pollutant must be set to zero with the

appropriate zero gas.

7.4.3. The analysers are then set to the calibration curves by means of span gases of nominal concentrations of

70 to 100 % of the range.

7.4.4. The analysers’ zeros are then rechecked. If the reading differs by more than 2 % of range from that set in

7.4.2, the procedure is repeated.

7.4.5. The samples are then analysed.

7.4.6. After the analysis, zero and span points are rechecked using the same gases. If these rechecks are within

2 % of those in 7.4.3, the analysis is considered acceptable.

7.4.7. At all points in this Section the flow-rates and pressures of the various gases must be the same as those

used during calibration of the analysers.

7.4.8. The figure adopted for the concentration of each pollutant measured in the gases is that read off after

stabilisation on the measuring device.(cid:146)

2. Annex IV is replaced by the following:

(cid:145)ANNEX IV

SPECIFICATIONS FOR THE REFERENCE FUEL (PETROL)

The reference fuel used is the one described in Annex IX, Section 1, of Directive 70/220/EEC.

SPECIFICATIONS FOR THE REFERENCE FUEL (DIESEL)

The reference fuel used is the one described in Annex IX, Section 2, of Directive 70/220/EEC.(cid:146)