European Parliament legislative resolution on the Council common position with a view to the adoption of a European Parliament and Council directive on the reduction of the level of pollutant emissions from two and three-wheel motor vehicles and amending Directive 97/24/EC (7598/1/2001 – C5-0386/2001 — 2000/0136(COD))
Date: 2001-12-12
Institutions: European Parliament
Subjects: anti-pollution device, environmental standard, motor vehicle, pollution, reduction of gas emissions, two-wheeled vehicle

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15. Emissions from two and three-wheel motor vehicles ***II

A5-0406/2001

European Parliament legislative resolution on the Council common position with a view to the
adoption of a European Parliament and Council directive on the reduction of the level of pollutant
emissions from two and three-wheel motor vehicles and amending Directive 97/24/EC (7598/1/
2001 ( C5-0386/2001 ( 2000/0136(COD))

(Codecision procedure: second reading)

The European Parliament,

(cid:17) having regard to the Council common position (7598/1/2001 (cid:17) C5-0386/2001) (1),

(cid:17) having regard to its position at first reading (2) on the Commission proposal to Parliament and the

Council (COM(2000) 314) (3),

(cid:17) having regard to the Commission’s amended proposal (COM(2001) 145) (4),

(cid:17) having regard to Article 251(2) of the EC Treaty,

(cid:17) having regard to Rule 80 of its Rules of Procedure,

(cid:17) having regard to the recommendation for second reading of the Committee on the Environment,

Public Health and Consumer Policy (A5-0406/2001),

1.

2.

Amends the common position as follows;

Instructs its President to forward its position to the Council and Commission.

COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

Amendment 1
Recital 7

(7) 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.

(7) Tricycles and quadricycles are equipped either with spark
ignition or compression ignition (diesel) engines; in line with
emission limits for passenger cars, each category requires a sep-
arate set of
limit values. Particulate emission limit values
should be laid down for vehicles with compression ignition
engines.

Amendment 2
Recital 9

(9) Member States should be allowed, by way of tax incen-
tives, 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 emission values; such incentives should

(9) Member States should be allowed, by way of tax incen-
tives, 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 mandatory emission values; such incentives should

(1) OJ C 301, 26.10.2001, p. 43.
(2) OJ C 276, 1.10.2001, p. 135.
(3) OJ C 337 E, 28.11.2000, p. 140.
(4) OJ C 240 E, 28.8.2001, p. 146.

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COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

satisfy certain conditions intended to avoid distortions of the
internal market;
the Member
States’ right to include emissions of pollutants and other sub-
stances in the basis for calculating road traffic taxes on two and
three-wheel vehicles.

this Directive does not affect

satisfy certain conditions intended to avoid distortions of the
internal market;
the Member
States’ right to include emissions of pollutants and other sub-
stances in the basis for calculating road traffic taxes on two and
three-wheel vehicles.

this Directive does not affect

Amendment 3

Recital 9a (new)

(9a) Member States should be able to take measures to
encourage the retrofitting of older two and three-wheel
motor vehicles with emission-control devices and components.
These measures should not result in discrimination against
owners of older vehicles.

Amendment 4

Recital 11

(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 devel-
oped 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.

(11)
It is necessary to establish a further stage of mandatory
emission limits with effect from 2006 comprising further sub-
stantial reductions with respect to the limit values for 2003.

Amendment 5

Recital 11a (new)

(11a)
In order to ensure compliance with emission limit
values, conformity testing of in-service two and three-wheel
motor vehicles (in-service tests) should be introduced from
1 January 2006. Specific requirements for the correct oper-
ation of emission-control devices during the normal life of
two or three-wheel motor vehicles should be introduced, as
from 1 January 2004 for up to five years or 30 000 km,
whichever is the sooner, and as from 1 January 2006 for up
to five years or 50 000 km, whichever is the sooner.

Amendment 6

Recital 11b (new)

(11b)
It should also be ensured that operating conditions of
two and three-wheel motor vehicles in use correspond to the
settings for the test cycle and that no defeat devices or other
by-pass arrangements are used.

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COUNCIL
COMMON POSITION

Wednesday 12 December 2001

AMENDMENTS
BY PARLIAMENT

Amendment 7

Recital 11c (new)

(11c) As two and three-wheel motor vehicles produce an
increasing proportion of total CO2 emissions from transport
sources, CO2 emissions and/or the fuel consumption of two
and three-wheel motor vehicles should be established as soon
as possible and incorporated in the Community strategy for
reducing road-transport CO2 emissions.

Amendment 8

Article 2, paragraph 2, subparagraph 2

For the type I test for mopeds, the limit values set out in
the Table in Chapter 5, Annex I,
the second row of
Section 2.2.1.1.3 to Directive 97/24/EC shall be used.

For the type 1 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.

For the type I test for motorcycles and tricycles, the limit
values set out in rows A of the Table in Chapter 5, Annex II,
Section 2.2.1.1.5 to Directive 97/24/EC shall be used.

Amendment 9

Article 2, paragraph 3, subparagraph 2

For the type I test for mopeds, the limit values set out in
the second row of
the Table in Chapter 5, Annex I,
Section 2.2.1.1.3 to Directive 97/24/EC shall be used.

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.

For the type I test for motorcycles and tricycles, the limit
values set out in rows A of the Table in Chapter 5, Annex II,
Section 2.2.1.1.5 to Directive 97/24/EC shall be used.

Amendment 10

Article 2a (new)

Article 2a

1. With effect from 1 January 2006, Member States shall
refuse to grant EC type-approval pursuant to Article 4(1) of
Directive 92/61/EEC for a new vehicle type on grounds relat-
ing to 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 rows B of the
Table in Chapter 5, Annex II, Section 2.2.1.1.5 to Directive
97/24/EC shall be used.

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COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

2. With effect from 1 January 2007, Member States shall:

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

(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.

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

3.
For vehicle types of which no more than 5 000 units are
sold annually in the European Union, the date shall be
1 January 2008.

Amendment 11

Article 3, paragraph 1, point (b)

(b)

they shall apply to all new vehicles offered for sale on the
market of a Member State which comply with the per-
missive limit values set out in row B of the Table in
Chapter 5, Annex II, Section 2.2.1.1.5 of Directive 97/24/
EC, as amended by this Directive.

(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 rows B of the Table
in Chapter 5, Annex II, Section 2.2.1.1.5 of Directive 97/
24/EC. They shall end on the date for the mandatory
application of the emission limit values for new vehicles
laid down in Article 2a(2) of this Directive.

Amendment 12

Article 3, paragraph 2a (new)

2a. Member States may inter alia offer fiscal or financial
incentives for the retrofitting of older two and three-wheel
motor vehicles, if they thereby meet the limit values con-
tained in this Directive or in the earlier version of Directive
97/24/EC.

Amendment 13

Article 3a (new)

Article 3a

1.
Type-approvals shall also confirm the correct operation
of emission-control devices during the normal life of two and
three-wheel motor vehicles:

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COMMON POSITION

Wednesday 12 December 2001

AMENDMENTS
BY PARLIAMENT

(a) as from 1 January 2004 for new vehicle types and as
from 1 January 2005 for all vehicle types for up to five
years or 30 000 km, whichever is the sooner;

(b) as from 1 January 2006 for new vehicle types and as
from 1 January 2007 for all vehicle types for up to five
years or 50 000 km, whichever is the sooner.

2.
The Commission shall propose supplementary provi-
sions to the European Parliament and the Council by
31 December 2002.

Amendment 14

Article 3b (new)

Article 3b

1. With effect from 1 January 2006, for new two and
three-wheel motor vehicle types, and from 1 January 2007
for all vehicle types, type-approvals granted to vehicles shall
also require confirmation of the correct operation of emis-
sion-control devices during the normal
life of the vehicle
under normal conditions of use (conformity of in-service
vehicles properly maintained and used).

2.
The Commission shall propose supplementary provi-
sions to the European Parliament and the Council by
31 December 2002.

Such provisions shall include inter alia:

(a) criteria for carrying out checks,

(b) criteria for selecting the vehicles to be tested,

(c) criteria for carrying out the tests,

(d) rules to eliminate possible errors,

(e)

the criterion that there shall be no charge for the owner/
holder of the vehicle.

Amendment 15

Article 3c (new)

Article 3c

1. With effect from 1 January 2004, for motorcycles and
tricycles with an engine capacity of over 150 cc, Member
States:

(a) may no longer grant EC type-approval, and

(b) shall refuse national type-approval,

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COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

on grounds relating to CO2 emissions and fuel consumption,
if the emission and fuel consumption values are not estab-
to Council Directive 80/1268/EEC (1), as
lished pursuant
amended by Commission Directive 93/116/EC (2).

2. With effect from 1 January 2005 Member States shall:

(a) consider certificates of conformity which accompany new
motorcycles with an engine capacity of over 150 cc pur-
suant to Directive 92/61/EEC as no longer valid, and

(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 CO2 emissions and fuel consumption,
if the emission and fuel consumption values are not estab-
lished pursuant to Directive 80/1268/EEC as amended by
Directive 93/116/EC.

(1) OJ L 375, 31.12.1980, p. 36.
(2) OJ L 329, 30.12.1993, p. 39.

Amendment 16

Article 4, paragraph 1, subparagraph 1, introduction

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

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

Amendment 17

Article 4, paragraph 2

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

The Commission shall, not later than 31 December 2002,
2.
submit to the Committee for Adaptation to Technical Progress
a proposal setting out a test method for the measurement of
particulate emissions in accordance with paragraph 1(e), to be
applied to new type-approvals from 1 January 2004.

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COMMON POSITION

Wednesday 12 December 2001

AMENDMENTS
BY PARLIAMENT

Amendment 18

Article 4, paragraph 3, point (a)

(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-igni-
tion engines, to be applied from 2006;

(a) mandatory emission limit values to be used in the Type I
test for tricycles and quadricycles for stage B from 2006
and mandatory emission limit values for particulate emis-
sions in accordance with paragraph 1(e), to be applied
from 2006;

Amendment 19

Article 4, paragraph 3, point (b)

(b) an obligation to measure specific CO2 emissions in type

approval;

(b) an obligation to measure specific CO2 emissions in type
approval in accordance with Article 3c. The Commission
shall also submit proposals for the inclusion of two and
three-wheel motor vehicles in the Community strategy
for reducing transport CO2 emissions (agreement
to
reduce average CO2emissions, labelling, tax incentives);

Amendment 20

Article 4, paragraph 3, point (c)

(c) provisions on durability requirements;

(c) provisions on durability requirements to be applied from

1 January 2004 in accordance with Article 3a;

Amendment 21

Article 4, paragraph 3, point (ca) (new)

(ca)

requirements to include conformity testing on in-ser-
vice vehicles (in-service tests) in the type-approval pro-
cedure for two or three-wheel motor vehicles with effect
from 1 January 2006 pursuant to Article 3b and, by
analogy, to European Parliament and Council Directive
98/69/EC of 13 October 1998 relating to measures to
be taken against air pollution by emissions from motor
vehicles and amending Council Directive 70/220/EEC (1);

(1) OJ L 350, 28.12.1998, p. 1.

Amendment 22

Article 4, paragraph 3, point (d)

(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 dur-
ability requirements and the obligation to measure specific
CO2 emissions in type approval will also be applied to
mopeds.

(d) a new set of limit values (stage III) for mopeds, including
particulate emissions in accordance with paragraph 1(e),
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.

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COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

Amendment 23

Article 4, paragraph 4

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

The Commission shall submit proposals to the European
4.
Parliament and Council concerning inspection and mainten-
ance, OBD and evaporative emission control.

The Commission shall also ensure that only replacement and
retrofit parts for exhaust systems which comply with Direc-
tive 97/24/EC and this Directive are placed on the market.
The issuing of type-approval must be sufficiently verifiable
and the data on the type-approvals issued must be quickly,
efficiently and transparently retrievable and traceable in a
European data system.

Amendment 24

ANNEX, POINT 1, POINT (c)
Chapter 5, Annex II, Section 2.2.1.1.5 (Directive 97/24/EC)

2.2.1.1.5.
Subject to the requirements for 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):

2.2.1.1.5.
Subject to the requirements for 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 (rows A for 2003 and rows B for
2006):

Common position of the Council

Mass of carbon monoxide
(CO)

Mass of hydrocarbons
(HC)

Mass of oxides of nitrogen
(NOX)

Class

L1
(g/km)

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

A (2003)

B (*)

I (< 150 cc)

II (≥ 150 cc)

I (< 150 cc) (UDC cold) (1)

II (≥ 150 cc)
(test cycle provided for in Directive
98/69/EC) (2)

5,5

5,5

2,0

2,0

L2
(g/km)

1,2

1,0

0,8

0,3

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

A (2003)

All

7,0

1,5

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

A (2003)

All

2,0

1,0

L3
(g/km)

0,3

0,3

0,15

0,15

0,4

0,65

(*) The values in row B are permissive and applicable for the pruposes of Article 3 of Dircetive /…/…/EC.
(1)
(2) Type I test procedure provided for in Directive 98/69/EC.

Test cycle: test cycle provided for in this Directive without warming up, starting temperature 20-30 °C (similar to that in Directive 98/69/EC).

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COUNCIL
COMMON POSITION

Wednesday 12 December 2001

AMENDMENTS
BY PARLIAMENT

Amendment by Parliament

Mass of carbon monoxide
(CO)

Mass of hydrocarbons
(HC)

Mass of oxides of nitrogen
(NOX)

Class

L1
(g/km)

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

A (2003)

B (2006)

I (< 150 cc)

II (≥ 150 cc)

I (< 150 cc) (UDC cold) (1)

II (≥ 150 cc)
(UDC+EUDC cold) (2)

5,5

5,5

2,0

2,0

L2
(g/km)

1,2

1,0

0,8

0,3

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

A (2003)

All

7,0

1,5

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

A (2003)

All

2,0

1,0

(1)
(2)

Test cycle: ECE R40 (with emissions measured for all 6 modes @ sampling starts at T=0).
Test cycle: ECE R40+EUDC (emissions measured from all modes @ sampling starts at T=0), with the maximum speed of 120 km/h.

L3
(g/km)

0,3

0,3

0,15

0,15

0,4

0,65

Amendment 27

ANNEX, POINT 1, POINT (c)
Chapter 5, Annex II, Section 2.2.1.1.5.1a (new) (Directive 97/24/EC)

2.2.1.1.5.1a. When testing for compliance with the limit
values in rows B for 2006 for motorcycles with a permitted
maximum speed of 110 km/h, the maximum speed for the
extra-urban driving cycle will be restricted to 90 km/h.

Amendment 25

ANNEX, POINT 1, POINT (k)
Chapter 5, Annex II, Appendix 1, Section 6.1.3a (new) (Directive 97/24/EC)

6.1.3a. When testing for compliance with the limit values
in row BI (Table, Section 2.2.1.1.5) the following shall apply:

prior to the initiation of the test, a flow of air of variable
speed is directed at the motorcycle or tricycle. 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 fol-
lowing 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;

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COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

Amendment 26
ANNEX, POINT 1, POINT (m)
Chapter 5, Annex II, Appendix 1, Section 7.2.1a (new) (Directive 97/24/EC)

7.2.1a. When testing for compliance with the limit values
in row BI (Table, Section 2.2.1.1.5), the following shall
apply:

Once the engine is started the procedures described in 7.2.2-
7.2.5 shall be carried out simultaneously.

16. Determination of Member States’ payments to VAT-based own resource ***II

A5-0431/2001

European Parliament legislative resolution on the Common Position adopted by the Council with
a view to the adoption of a European Parliament and Council regulation amending Council
Regulation (EC) No 2223/96 as concerns the use of ESA 95 in the determination of Member States’
payments to the VAT-based own resource (8793/1/2001 ( C5-0385/2001 ( 2000/0241(COD))

(Codecision procedure: second reading)

The European Parliament,

(cid:17) having regard to the Council common position (8793/1/2001 (cid:17) C5-0385/2001) (1),

(cid:17) having regard to its position at first reading (2) on the Commission proposal to Parliament and the

Council (COM(2000) 583) (3),

(cid:17) having regard to Article 251(2) of the EC Treaty,

(cid:17) having regard to Rule 78 of its Rules of Procedure,

(cid:17) having regard to the recommendation for second reading of the Committee on Budgets (A5-0431/

2001),

Approves the common position;

Notes that the act is adopted in accordance with the common position;

1.

2.

3.
Notes the commitment of the Commission to provide Parliament early each year with a working
document concerning the state of play regarding the collection of own resources, the forecasted level of
own resources for the next financial year and topical problems related to the own resources system;

Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of

4.
the EC Treaty;

Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of

5.
the Council, to have it published in the Official Journal of the European Communities;

6.

Instructs its President to forward its position to the Council and Commission.

(1) OJ C 307, 31.10.2001, p. 1.
(2)
(3) OJ C 29 E, 30.1.2001, p. 266.

‘Texts Adopted’, 3.4.2001, Item 5.