Opinion of the European Economic and Social Committee on the ‘proposal for a Directive of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles’ (COM(2003) 522 final - 2003/0205 (COD))
Date: 2004-01-28
Institutions: European Economic and Social Committee
Subjects: approximation of laws, atmospheric pollutant, combustion gases, environmental protection, environmental standard, motor vehicle

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Official Journal of the European Union

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Opinion of the European Economic and Social Committee on the ‘proposal for a Directive of the
European Parliament and of the Council on the approximation of the laws of the Member States
relating to the measures to be taken against the emission of gaseous and particulate pollutants
from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from
positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles’

(COM(2003) 522 final - 2003/0205 (COD))

(2004/C 108/04)

On 22 October 2003 the Council decided to consult the Economic and Social Committee, under Article
95 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for the Single Market, Production and Consumption, which was responsible for preparing the
Committee's work on the subject, adopted its opinion on 16 December 2003. The rapporteur was
Mr Ranocchiari.

At its 405th plenary session (meeting of 28 January 2004), the Economic and Social Committee adopted
the following opinion by 113 votes to one.

1. Introduction

1.1
The European Commission's intention, with draft direc-
tive COM(2003) 522, is to consolidate Directive 88/77/EEC on
exhaust emissions from commercial vehicles, and all subse-
quent amendments to it adopted by the European Parliament
and the Council, into a single text.

As requested in Articles 4 to 7 of Directive 1999/96/EC,
1.2
proposes
new provisions
the Commission also
concerning, respectively,
the introduction of on-board diag-
nostic (OBD) systems, procedures for confirming the durability
of emission control systems, and procedures for checking the
in-service conformity of such systems.

three

1.3
The Commission's proposal for these three new provi-
sions is structured differently compared to existing directives
concerning the type-approval of motor vehicles. This reflects
the aim of making the decision-making process more efficient,
and simplifying the proposed legislation so that the European
Parliament and the Council can focus more on the content and
political direction,
leaving the Commission with the task of
adopting the requirements needed to implement such direction
and content.

1.4.2
the technical specifications implementing the funda-
mental provisions are laid down in a directive adopted by the
Commission with the assistance of a regulatory committee for
adaptation to technical progress (comitology proposal).

Document COM(2003) 522 corresponds to the draft
1.5
directive under the co-decision procedure (see 1.4.1 above); the
draft directive under
the comitology procedure (see 1.4.2
above) is not yet available.

2. Summary of the Commission proposal

In drafting its proposal, the Commission has made a
2.1
clear distinction between the content concerning the introduc-
tion of new measures and content relating to consolidation of
the text of
the directive arising from the amendments
previously adopted by the European Parliament and the
Council.

The Commission proposes to introduce new provisions
2.2
concerning OBD systems to the measures confirming the
durability of emission control systems and to the measures to
check the in-service conformity of such systems, on the same
dates as planned for the entry into force of the Euro 4 and
Euro 5 standards.

1.4
The Commission has adopted a ‘split-level’ approach
with two different, but parallel routes for drafting and adopting
the legislation. Under this approach:

2.3
On-board diagnostic systems (OBD): the Commission
proposes that these be introduced in two successive stages,
with the following deadlines for entry into force:

the fundamental provisions are laid down by the Euro-
1.4.1
pean Parliament and the Council
in a directive based on
Article 251 of the Treaty under the co-decision procedure,
which establishes the basic principles of the new measures (co-
decision proposal);

i. first

stage: October 2005 for new type-approvals and

October 2006 for all type-approvals;

ii. second stage: October 2008 for new type-approvals and

October 2009 for all type-approvals.

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2.3.1
In the first stage, the OBD system is required to detect
failures in the engine control system, where such failures are
caused by an increase in emissions above predefined threshold
limits. The system must also be able to detect ‘major functional
failures’ in any emission after treatment systems, such as parti-
culate filters and/or catalysts.

3. General comments

3.1
EU enlargement means that consolidated versions of the
main directives are needed in the interests of greater clarity and
transparency. The adoption of a consolidated version of
Directive 88/77/EC is therefore required, and the Committee
acknowledges the work done by the Commission to this end.

In the second stage, the OBD system is required to
2.3.2
detect not only failures in the engine control system, but also
any deterioration of the efficiency of emission after treatment
systems which could cause an increase in exhaust emissions
above predefined threshold limits.

3.2
The Committee agrees that a specific debate on the
content relating to the consolidation of the directive is not
necessary, since it is in line with decisions already adopted by
the Committee (2)
the European Parliament, and the
Council.

itself,

2.4 Measures confirming the durability of emission control systems

2.4.1
The Commission proposes the following definitions of
the ‘useful life’ of the vehicles (1) to which the engines covered
by the directive are to be fitted:

i. N1 vehicles:

100 000 km or five years,

ii. N2 and M2 vehicles:

200 000 km or six years,

iii. N3 and M3 vehicles:

500 000 km or seven years.

The proposal to follow a split-level approach entails two
3.3
different but parallel routes for drafting and adopting technical
and legislative provisions.

3.3.1
Separating the fundamental provisions underpinning
the definition of the proposed measures from the technical
details required to implement them can play a key part in
simplifying and speeding up the legislative process.

3.3.2
The Committee supports the approach adopted by the
Commission in proposing new provisions regarding the intro-
duction of OBD systems and measures regarding the durability
of emission control systems and in-service conformity.

The technical details

3.3.3
implementation can be
discussed and defined by experts made available by the
Member States to the Commission through the committee on
adaptation to technical progress.

for

2.4.2 With effect
from October 2005, manufacturers
seeking type-approval for new engines will have to demonstrate
emission compliance for the entire useful life of the type of
vehicle to which they are to be fitted.

3.3.4
The Committee urges the Commission also to take
note of the contributions that the industry and other interested
parties may wish to make to the definition of these technical
details.

2.4.3 With effect from October 2006, all engines fitted to
new vehicles must comply with this provision.

2.5
Checking in-service conformity: the above definitions of
useful life for commercial vehicles as set out above will also
apply to checks on the conformity of engines in service.

(1) M = vehicles for the carriage of passengers: M1 (8 seats + 1); M2
(> 8 seats + 1 and total weight < 5t); M3 (> 8 seats + 1 and total
weight > 5t); N = vehicles for the carriage of goods; N1 (total
weight <= 3.5t); N2 (total weight > 3.5t <= 12t); N3 (total weight
> 12t).

3.4
The Committee must however point to the significant
delay in presenting the Commission's proposals on OBD
systems, durability and in-service compliance in relation to the
dates set out in Articles 4 and 7 of Directive 1999/96/EC
mentioned in point 1.2 above.

The Committee also feels it must warn that the dates for
3.5
the entry into force of the proposed new measures are danger-
ously close.

(2) OJ C 41 of 18.2.1991; OJ C 155 of 21.6.1995; OJ C 407 of

28.12.1998.

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3.5.1
Any delays in adopting the two parallel directives, i.e.
one under the co-decision procedure and the other under the
comitology procedure, would leave the industry with no time
to seek type-approval for engines which are scheduled for entry
onto the market in 2005.

4. Specific comments

4.1
OBD systems for commercial vehicles will be introduced
in Europe considerably earlier than on other markets, including
the American and Japanese ones. As a result the kind of prior
in contrast, was available in the previous
experience which,
phase when OBD systems were introduced for cars, will be
absent.

4.2
In order to be ready in 2005, European engine manufac-
turers had to launch the design and preparation programmes
for OBD systems years ago, on the basis of proposals they had
put forward and of discussions within the MVEG (3) forum, on
which Member State experts as well as the Commission are
represented.

The point of no return, after which the basic system
4.2.1
strategies can no longer be modified, was reached some time
ago; system span values are now being defined.

4.2.2
The delay before the two parallel directives are
published in final form is however a serious problem. The
introduction of any unexpected modifications would make it

impossible to meet the deadlines for entry into force of the
measures.

4.3
The need to demonstrate the efficiency of emission
control systems entails tests which require sufficient advance
notification. Once again, the delay before the final versions of
the parallel directives are presented could give rise to significant
problems.

5. Conclusions

5.1
The Committee warmly welcomes the new split-level
approach which the Commission intends to try out with the
draft directive under examination. Separating the fundamental
principles and policy objectives of the legislation from the tech-
nical details for implementation will simplify and speed up the
legislative process.

5.2
The Committee considers that the European Parliament
and the Council must adopt the Commission's proposal as a
matter of the utmost urgency.

The Committee therefore hopes that the Council and the
5.3
European Parliament will make every possible effort to reach a
common position in good time, so that the proposal for a
directive can be adopted before next April. Any further delay
would seriously jeopardise the chances of meeting the deadlines
the new measures concerning
for the entry into force of
durability and OBD systems.

Brussels, 28 January 2004.

The President

of the European Economic and Social
Committee

Roger BRIESCH

(3) Motor Vehicle Emissions Group.