Common Position (EC) No 30/2001 of 13 July 2001 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council on the reduction of the level of pollutant emissions from two- and three-wheel motor vehicles and amending Directive 97/24/EC (Text with EEA relevance.)
Date: 2001-07-13
Institutions: Council of the European Union
Subjects: anti-pollution device, approximation of laws, motor vehicle, pollution control measures, technical standard

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COMMON POSITION No 30/2001

adopted by the Council on 13 July 2001

with a view to adopting Directive 2001/.../EC of the European Parliament and of the Council of ...
on the reduction of the level of pollutant emissions from two and three-wheel motor vehicles
and amending Directive 97/24/EC

(Text with EEA relevance)

(2001/C 301/05)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 95 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 251 of the Treaty (3),

Whereas:

(1)

(2)

The fifth action programme of the European Community
on protection of the environment, which in its general
approach was approved by the Council in the resolution
of the Council and the representatives of the Govern-
ments of the Member States, meeting within the Council,
of 1 February 1993 (4), provides for additional efforts to
be made for a considerable reduction in the present level
of emissions of pollutants from motor vehicles.

Directive 97/24/EC of the European Parliament and of
the Council of 17 June 1997 on certain components
three-wheel motor
and characteristics of
vehicles (5) 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- or three-wheel motor vehicles (6).

two- or

(3)

Under Article 5 of Directive 97/24/EC, the Commission
is required to submit, to the European Parliament and

(1) OJ C 337 E, 28.11.2000, p. 140.
(2) Opinion delivered on 25 January 2001 (OJ C 123, 25.4.2001,

p. 22).

(3) Opinion of the European Parliament of 14 February 2001 (OJ
C 276, 1.10.2001, p. ...), Council Common Position of 13 July
2001, and Decision of the European Parliament of ... (not yet
published in the Official Journal).

(4) OJ C 138, 17.5.1993, p. 1.
(5) OJ L 226, 18.8.1997, p. 1.
(6) OJ L 225, 10.8.1992, p. 72. Directive as last amended by Directive
2000/7/EC of the European Parliament and of the Council (OJ
L 106, 3.5.2000, p. 1).

the Council, within 24 months from the date of adoption
of the Directive, a proposal prepared on the basis of
research and an assessment of the costs and benefits
tightened-up limit
deriving from the application of
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.

(4) On the basis of the assessment of the technical feasibility
and cost-effectiveness, a single set of new type I test
limits, applicable from 2003 for all motorcycles, has
been identified, corresponding to a reduction of 60 %
for hydrocarbons and carbon monoxide for four-stroke
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
advanced direct-injection technology, which has the
greatest reduction potential in terms of carbon monox-
ide 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.

(5)

In the light of the special characteristics and the use of
certain categories of vehicle known as enduro and trial
motorcycles and having regard to their very small
contribution to overall emissions, owing to the small
number of such vehicles sold each year in Europe, a
temporary derogation, in respect of the entry into force
of the new limits in 2003, should be granted in order
to allow manufacturers to introduce the appropriate
technology.

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Inspection and maintenance are regarded as essential to
ensure that emission levels of new vehicles do not exceed
in-use acceptable levels. In this respect, and in line with
the provisions for passenger cars, 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.

Tricycles and quadricycles are equipped either with spark
ignition or compression ignition engines. In line with
emission limits for passenger cars, each category requires
a separate set of limit values.

(12) The objective of

the proposed action, namely the
reduction of the level of pollutant emissions from two-
and three-wheel motor vehicles, cannot be sufficiently
achieved by the Member States and can therefore by
reason of the scale or effects of the action be better
achieved at Community level, the Community may
adopt measures in accordance with the principle of
subsidiarity as set out in Article 5 of the Treaty. In
accordance with the principle of proportionality, as set
out in that Article, this Directive does not go beyond
what is necessary in order to achieve that objective.

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

(6)

(7)

(8)

The characteristics of the reference fuels used for emis-
sion testing should be aligned with those applicable to
passenger cars, thereby reflecting the changes in the
specifications of market fuel in accordance with Com-
munity legislation on the quality of petrol and diesel
fuels.

(9) Member States should be allowed, by way of

tax
incentives, to expedite the placing on the market of
vehicles which satisfy the requirements adopted at
Community level and to promote more environmentally
advanced technologies on the basis of permissive emis-
sion values. Such incentives should satisfy certain con-
ditions intended to avoid distortions of the internal
market. This Directive does not affect the right of
Member States to include emissions of pollutants and
other substances in the basis for calculating road traffic
taxes on two- and three-wheel vehicles.

(10) A new type-approval test cycle should be introduced
which will allow a more representative evaluation of the
emissions performance,
in test conditions that more
closely resemble those encountered by vehicles in use,
and which takes into account the difference in driving
patterns
large motorcycles.
Additional development work is in progress in order to
support
the introduction of a new test cycle in a
scientifically sound manner.

between small

and

HAVE ADOPTED THIS DIRECTIVE:

Article 1

This Directive aims at reducing the level of pollutant emissions
from two- and three-wheel motor vehicles by tightening the
limit values for such emissions.

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:

(a)

refuse to grant EC type-approval pursuant to Article 4(1)
of Directive 92/61/EEC; or

(b) prohibit the registration, sale or entry into service of

vehicles,

if the measures to be taken against air pollution comply with
the requirements of Directive 97/24/EC.

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.

For the type I test, the limit values set out in row A of the table
in Chapter 5, Annex II, Section 2.2.1.1.5 to Directive 97/24/EC
shall be used.

(11)

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

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

(a)

consider certificates of conformity which accompany
new vehicles pursuant to Directive 92/61/EEC as no
longer valid; and

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(b)

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.

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,
Section 2.2.1.1.5 to Directive 97/24/EC.

For the type I test, the limit values set out in row A of the table
in Chapter 5, Annex II, Section 2.2.1.1.5 to Directive 97/24/EC
shall be used.

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.

4.
For trial and enduro motorcycles with two wheels, in
accordance with Directive 92/61/EEC, the date set in para-
graph 2 shall be 1 January 2004 and the date set in paragraph 3
shall be 1 July 2005.

Trial motorcycles are defined as vehicles with the following
characteristics:

(a) maximum seat height: 700 mm;

(b) minimum ground clearance: 280 mm;

(c) maximum fuel tank capacity: 4l;

(d) minimum overall gear ratio in the highest gear (primary

ratio × gear ratio × final drive ratio) of 7,5.

Enduro motorcycles are defined as vehicles having the follow-
ing characteristics:

(a) minimum seat height of 900 mm;

(b) minimum ground clearance of 310 mm;

(c) minimum overall gear ratio in the highest gear (primary

ratio × gear ratio × final drive ratio) of 6,0.

Article 3

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

(a)

(b)

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, Section 2.2.1.1.5 to Directive
97/24/EC; 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

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, Section 2.2.1.1.5 to Directive
97/24/EC.

Article 4

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)

(b)

(c)

(d)

(e)

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

the advances in the development of a more representative
test cycle for motorcycles which remedies the current
limitations of the current test cycle, such as cold start and
high driving dynamics;

the opportunity to harmonise the test cycle on a world-
wide basis;

the correlation of limit values between the current and
the new test cycle;

further work on particulate emissions, and the issue of
particulate emissions from compression ignition and
spark ignition engines;

(f)

ongoing work on durability and in-use compliance;

(g)

further work on cold starting, on-board diagnostics
(OBD) systems, and evaporation emissions;

(h) ongoing work on replacement catalytic converters;

(i)

the economic impact on small volume manufacturers.

The Commission furthermore will develop a methodology for
measuring specific CO2 emissions from two- or three-wheel
motor vehicles.

2.
The Commission shall, not later than 31 December
2002, submit to the Committee for Adaptation to Technical
Progress a proposal setting out a test method for the measure-
ment of particulate emissions from compression ignition
engines and two-stroke spark ignition engines, to be applied
to new type-approvals from 1 January 2004.

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3.
The Commission shall, not later than 31 December
2002, submit a proposal to the European Parliament and the
Council, containing:

Article 5

Chapter 5 of Directive 97/24/EC shall be amended in accord-
ance with the text in the Annex hereto.

(a)

a new dedicated test cycle to be used for measurement of
emissions in the type I test and mandatory emission limit
values for motorcycles, including particulate emissions
for compression ignition engines and two-stroke spark-
ignition engines, to be applied from 2006;

(b)

an obligation to measure specific CO2 emissions in type-
approval;

(c)

provisions on durability requirements;

(d)

a new set of limit values (stage III) for mopeds, including
particulate emissions from two-stroke spark emission
engines, to be applied from 2006. The provisions on
durability requirements and the obligation to measure
specific CO2 emissions in type-approval will also be
applied to mopeds.

4.
The Commission shall submit proposals to the European
Parliament and to the Council, containing, inter alia, provisions
on in-use compliance and,
inspection and
maintenance, OBD and evaporative emission control.

if appropriate,

Article 6

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

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

Article 7

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

Article 8

This Directive is addressed to the Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

(*) Twelve months after the date of entry into force of the Directive.

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ANNEX

AMENDMENTS TO CHAPTER 5 OF DIRECTIVE 97/24/EC

1.

Annex II shall be amended as follows:

(a)

Section 1.4 shall be replaced by the following:

‘1.4.

“Gaseous pollutants” 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:

— C1H1,85 for petrol,

— C1H1,86 for diesel.’;

(b)

The following sections shall be added:

‘1.5.

“Defeat device” means a device which measures, senses or responds to operating variables (e.g.
vehicle speed, engine speed, gear used, temperature, intake pressure or any other parameter) for
the purpose of activating, modulating, delaying or deactivating the operation of any component
or function of the emission control system such that the effectiveness of the emission control
system is reduced under conditions encountered during normal vehicle use unless the use of such
a device is substantially included in the applied emission certification test procedure.

1.6.

“Irrational emission control strategy” means any strategy or measure that, when the vehicle is
operated under normal conditions of use, reduces the effectiveness of the emission control
system to a level below that expected on the applicable emission test procedure.’

(c)

Section 2.2.1.1 shall be replaced by the following:

‘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
simulation.

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Figure I.2.2

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)

Mass of
hydrocarbons (HC)

Mass of oxides of
nitrogen (NOx)

L1
(g/km)

L2
(g/km)

L3
(g/km)

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

A (2003)

I (< 150 cc)

B (1)

II (¯ 150 cc)

I (< 150 cc) (UDC,
cold) (2)

II (¯ 150 cc) (test
cycle provided for
in 98/69/EC) (3)

5,5

5,5

2,0

2,0

1,2

1,0

0,8

0,3

0,3

0,3

0,15

0,15

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 Directive

2001/.../EC.

(2) Test cycle: test cycle provided for in this Directive without warming up, starting temperature 20 °C

to 30 °C (similar to that in Directive 98/69/EC).

(3) Type I test procedure provided for in Directive 98/69/EC.

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.

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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.’;

(d)

Table I and Table II in Section 2.2 shall be deleted.

(e)

Section 2.2.1.2 shall be replaced by the following:

‘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:

— the carbon monoxide content by volume of the exhaust gases emitted is recorded,

— the engine speed during the test must be recorded, including any tolerances.

2.2.1.2.3. When tested at “high idle” speed (i.e. > 2000 min-1):

— the carbon monoxide content by volume of the exhaust gases emitted is recorded,

— 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 to Directive 92/61/EEC.’

(f)

The following section shall be added:

‘2.3.

The use of a defeat device and/or irrational emissions control strategy is forbidden.

2.3.1.

An engine control device, function, system or measure may be installed to a vehicle provided
that:

— it is activated only for such purposes as engine protection, cold starting or warming

up, or

— it is activated only for such purposes as operational security or safety and limp-home

strategies.

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2.3.2.

The use of an engine control device, function, system or measure which results in the use of
a different or modified engine control strategy to that normally employed during the
applicable emission test cycles will be permitted if, in complying with the requirements of
section 2.3.3, it is fully demonstrated that the measure does not reduce the effectiveness of
the emission control system. In all other cases, such devices shall be considered to be a
defeat device.

2.3.3.

The manufacturer shall provide a documentation package that gives access to the basic
design of the system and the means by which it controls its output variables, whether that
control is direct or indirect.

(a)

The formal documentation package, which shall be supplied to the technical service at
the time of submission of the type approval application, shall include a full description
of the system. This documentation may be brief provided that it exhibits evidence that
all outputs permitted by a matrix obtained from a range of control of the individual
unit inputs have been identified.

The documentation shall also contain a justification for the use of any engine control
device, function, system or measure and include additional material and test data to
demonstrate the effect on exhaust emissions of any such device installed in the vehicle.
This information shall be attached to the documentation required in Annex V.

(b) Additional material that shows the parameters that are modified by any engine control
device, function, system or measure and the boundary conditions under which such
measures operate. The additional material shall include a description of the fuel system
control logic, timing strategies and switch points during all modes of operation. This
information shall remain strictly confidential and be retained by the manufacturer, but
be made open for inspection at the time of type-approval.’

(g)

Section 3.1.1 shall be replaced by the following:

‘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.’

(h)

The former Section 3.1.1 shall be renumbered 3.1.2 and amended as follows:

— the words ‘Tables I and II’ shall be replaced by ‘the Table in Section 2.2.1.1.5’,

— the words ‘the tables referred to in 2.2.1.1.2’ shall be replaced by ‘the Table in Section 2.2.1.1.5’.

(i)

Section 3.1.3 of Appendix 1 shall be replaced by the following:

‘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.’

(j)

In Section 5.3.1 of Appendix 1, the last sentence shall read as follows:

‘Two complete pre-conditioning cycles are performed before the exhaust gases are collected.’

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(k)

Section 6.1.3 of Appendix 1 shall be replaced by the following:

‘6.1.3.

Before 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
blower device must have the following characteristics:

(i)

surface area of at least 0,4 m2;

(ii)

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

(iii) distance from the leading edge of the motorcycle or motor tricycle between 0,3 m and

0,45 m.’

(l)

Section 6.2.2 of Appendix 1 shall be replaced by the following:

‘6.2.2.

The first cycle begins when the taking of samples and the measuring of the pump rotations
commence.’

(m) Section 7.2.1 of Appendix 1 shall be replaced by the following:

‘7.2.1.

After two pre-conditioning cycles (first moment of the first cycle), the operation specified
in 7.2.2 to 7.2.5 are performed simultaneously.’

(n)

Section 7.4 of Appendix 1 shall be replaced by the following:

‘7.4.

Analysis

7.4.1.

7.4.2.

7.4.3.

7.4.4.

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.

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

The analysers are then set to the calibration curves by means of span gases of nominal
concentrations of 70 % to 100 % of the range.

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.

7.4.7.

7.4.8.

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.

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.

The figure adopted for the concentration of each pollutant measured in the gases is that
read off after stabilisation on the measuring device.’

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(o)

Section 2.2 of Appendix 2 shall be replaced by the following:

‘2.2.

The type II test specified in section 2.2.1.2 of Annex II must be measured immediately after
the type I test with the engine at normal idling speed and at high idle.’

2.

Annex IV shall be replaced by the following:

‘ANNEX IV

SPECIFICATIONS FOR THE REFERENCE FUEL (PETROL)

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

SPECIFICATIONS FOR THE REFERENCE FUEL (DIESEL)

The reference fuel used is the one described in Annex IX, Section 2, to Directive 70/220/EEC.’

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

1. On 22 June 2000, the Commission presented a proposal (1) based on Article 95 of the Treaty.

2.

The Economic and Social Committee delivered its opinion (2) on 25 January 2001.

3.

The European Parliament adopted its opinion (3) at first reading on 14 February 2001.

4. On 13 July 2001, the Council adopted its Common Position in accordance with Article 251 of

the Treaty.

II. OBJECTIVE

5.

The proposal amends Directive 97/24/EC by introducing tighter emission limits for motor-
cycles. Compliance with the emission limits laid down will be mandatory for new types of
motorcycle placed on the internal market.

III. ANALYSIS OF THE COMMON POSITION

6.

7.

8.

9.

The proposal has been examined by the Council under two Presidencies and it has undergone
some modifications which, however, do not change its overall orientation. The Council has
been able to incorporate some of the European Parliament’s amendments in part, while also
taking on board the principles behind other amendments.

The Council has incorporated amendments 1 and 26 in slightly revised form. The date for ‘all
types’ has been brought forward to 1 July 2004. Enduro and trial motorcycles are granted a
temporary derogation in respect of the entry into force of emission limits in 2003.

Endorsing Parliament’s concern for the needs of small manufacturers, as expressed in
amendment 18, the Council has urged the Commission, in developing future policy, to consider
the economic impact on small volume manufacturers.

The Council has tightened the proposed limit values set for hydrocarbon (HC) emissions
from large motorcycles. This is in keeping with the development Parliament envisages in
amendment 23.

10. The Council shares Parliament’s concern over particulate emissions (amendments 2 and 23).
However, instead of laying down exact provisions or limit values at this stage, the Council has
called upon the Commission to undertake further studies into this field and to develop a
suitable test method to be applied to new type-approvals from 1 January 2004.

(1) OJ C 337 E, 28.11.2000, p. 140.
(2) OJ C 123, 25.4.2001, p. 22.
(3) OJ C 276, 1.10.2001, p. ....

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11. The Council similarly shares Parliament’s view that on-board diagnostics (OBD) systems and
in-use compliance testing should play a role in future emission reduction policy (amendments 6,
13, 14, 15, 20, 22, 24 and 25). However, the Council considers that it is too early to legislate
for such strategies, and that it is preferable that the Commission undertake further work in this
area before submitting appropriate proposals (as Parliament also envisages in its amendment 21).

12. The Council agrees with Parliament that provisions are needed to combat defeat devices and
bypass arrangements (amendments 7 and 16). The approach the Council has taken is to add a
definition of ‘defeat device’, a requirement for detailed technical specifications from manufac-
turers, and a prohibition against the use of such devices.

13. Where CO2 emissions are concerned, the Council has some sympathy with Parliament’s
position in amendments 8 and 17. The Council has called on the Commission to develop a
methodology for measuring specific CO2 emissions from two- and three-wheel motor vehicles,
and to submit a proposal laying down the obligation to measure such emissions at type-
approval.

14. The Council has set a date by which it calls on the Commission to submit its proposal for a
new test cycle for measuring emissions in the type I test, although the favoured by the Council
is slightly later than the date Parliament suggests in amendment 19. The Council has also set a
date for the new proposals to be submitted by the Commission, as also foreseen in
amendment 20, although, again, the date chosen by the Council is somewhat later.

15. Amendments 3, 5, 10 and 11

The Council feels that fixing mandatory limit values for 2006 is premature, given that work is
under way to improve technology and to develop testing methods. While the Council has
approved the idea of fiscal incentives for vehicles that comply with tighter permissive limits, it
has not been able to accept that such limit values should be made mandatory from the year
2006.

16. Amendments 4, 7, 12 and 21

The Council was not in a position to accept the introduction of fiscal incentives to encourage
the retrofitting of older vehicles. However, the Council has invited the Commission to monitor
technical developments in the field of emission control technology, including replacement
catalytic converters.

Other changes to the Commission proposal

17. The Council has amended or clarified the Commission proposal on the following points:

— the permissive limit values for oxides of nitrogen (NOx) have been changed to 0,15 g/km
for all motorcycles,
instead of the 0,2 g/km and 0,1 g/km limits suggested by the
Commission for small and large motorcycles respectively. The Council has also specified
that in this context, for small motorcycles, the test cycle set out in 97/24/EC without
warming up is to be used, while for large motorcycles, the Type I test set out in Directive
98/69/EC applies. (See the Annex, point 2.2.1.1.5),

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— the Council has called on the Commission to include in a proposal to be submitted by
31 December 2002 provisions on durability requirements, and new provisions applicable
to mopeds, including a new set of limit values for particulate emissions.

IV. CONCLUSION

18. The Council considers that by approving the bulk of the Commission proposal while also
accepting several of the European Parliament’s amendments, it has arrived at a practicable
solution which ensures a high level of environmental protection.