Directive 2004/3/EC of the European Parliament and of the Council of 11 February 2004 amending Council Directives 70/156/EEC and 80/1268/EEC as regards the measurement of carbon dioxide emissions and fuel consumption of N1 vehicles (Text with EEA relevance)
Date: 2004-02-11
Institutions: Council of the European Union, European Parliament
Subjects: approximation of laws, greenhouse gas, motor fuel, motor vehicle, motor vehicle pollution, technical standard

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Official Journal of the European Union

19.2.2004

DIRECTIVE 2004/3/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 February 2004

amending Council Directives 70/156/EEC and 80/1268/EEC as regards the measurement of carbon
dioxide emissions and fuel consumption of N1 vehicles

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

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

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

(1)

(2)

(3)

Council Directive 80/1268/EEC of 16 December 1980
relating to the carbon dioxide emissions and fuel
consumption of motor vehicles (4) 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 (5).

The communication from the Commission to the Euro-
pean Parliament and to the Council on ‘EU policies and
measures to reduce greenhouse gas emissions: towards a
European Climate Change Programme (ECCP)’, proposes
an implementation strategy to reduce the emission of
greenhouse gases,
including measures in the transport
sector. The Green Paper ‘Towards a European strategy
for the security of energy supply’
likewise calls for
efforts to improve fuel economy of motor vehicles.

Under the Community strategy to reduce carbon dioxide
(CO2) emissions from passenger cars, as outlined in the
communication from the Commission to the European
Parliament and to the Council entitled ‘A Community
strategy to reduce CO2 emissions from passenger cars

(1) OJ C 51 E, 26.2.2002, p. 317.
(2) OJ C 125, 27.5.2002, p. 6.
(3) Opinion of the European Parliament of 24 September 2002 (OJ C
273 E, 14.11.2003, p. 22), Council common position of 9 October
2003 (OJ C 305 E, 16.12.2003, p. 1) and position of the European
Parliament of 16 December 2003 (not yet published in the Official
Journal).

(4) OJ L 375, 31.12.1980, p. 36. Directive as last amended by Commis-

sion Directive 1999/100/EC (OJ L 334, 28.12.1999, p. 36).

and improve fuel economy’, the harmonised measure-
ment methodology, as laid down in Directive 80/1268/
EEC, has been used as a basic instrument. With a view
to permitting subsequent measures
fuel
consumption and CO2 emissions in the sector of light
commercial vehicles, it is necessary to extend the scope
of that Directive to include vehicles of category N1 as
well.

to reduce

As referred to in Decision No 1753/2000/EC of the
European Parliament and of the Council of 22 June
2000 establishing a scheme to monitor the average
specific emissions of CO2 from new passenger cars (6),
the Commission has carried out a study to investigate
the possibilities and implications of a harmonised proce-
dure for measuring the specific CO2 emissions from
vehicles of category N1. In this respect, it is considered
technically acceptable and most cost-effective to apply
the existing emissions test of 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 emissions from motor
vehicles (7) also for the measurement of fuel consump-
tion and CO2 emissions for that category of vehicles.

Many small-volume manufacturers buy from suppliers
engines which are type-approved with respect to emis-
sions according to Council Directive 88/77/EEC of 3
December 1987 on the approximation of the laws of the
Member States relating to the measures to be taken
against the emissions of gaseous and particulate pollu-
tants from compression ignition engines for use in vehi-
cles, and the emission of gaseous pollutants from posi-
tive ignition engines fuelled with natural gas or liquefied
petroleum gas for use in vehicles (8). A considerable
number of those manufacturers do not have the neces-
sary infrastructure or expertise to perform the exhaust
or CO2 emissions testing. It is therefore necessary to
grant an exemption for small-volume manufacturers,
since the additional costs they would incur in order to
comply with this Directive would be disproportionately
high.

Those measures also have an impact on the Annexes to
Directive 70/156/EEC.

Directives 70/156/EEC and 80/1268/EEC should there-
fore be amended accordingly,

(4)

(5)

(6)

(7)

(6) OJ L 202, 10.8.2000, p. 1.
(7) OJ L 76, 6.4.1970, p. 1. Directive as last amended by Commission

Directive 2003/76/EC (OJ L 206, 15.8.2003, p. 29).

(5) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Regulation

(8) OJ L 36, 9.2.1988, p. 33. Directive as last amended by Commission

(EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

Directive 2001/27/EC (OJ L 107, 18.4.2001, p. 10).

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Official Journal of the European Union

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HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 70/156/EEC is hereby amended as follows:

(a) row 39 of Annex IV, part I, is replaced by the following:

Subject

Directive number

Official Journal
reference

M1 M2 M3 N1

N2

N3 O1 O2 O3 O4

‘39. CO2 emissions
fuel consump-
tion

80/1268/EEC

L 375, 31.12.1980,
p. 36

X

X’

(b) in the Community certificate of conformity for complete or completed vehicles of categories N1, N2

and N3 in Annex IX, part I, page 2, the following point shall be added:

Annexes I and II to Directive 80/1268/EEC shall be amended as set out in the Annex to this Directive.

Article 2

No later than 19 February 2006, the Commission shall:

Article 3

(a) present a study on the possibilities of obtaining representative CO2 emission and fuel consumption
data for completed multistage vehicles and vehicles whose emissions are measured according to Direc-
tive 88/77/EEC in order to take into account the ‘cost-efficiency’ aspects of these measurements;

(b) present an evaluation of the vehicle family concept introduced in this Directive;

(c) if appropriate, present draft measures on the adaptation of this Directive to technical progress to the

Committee established by Article 13 of Directive 70/156/EEC.

Article 4

Where a vehicle produced by a specialist coach builder falls within the criteria of one of the families of
vehicles of the manufacturer of the base vehicle, the coach builder may use the data on fuel efficiency and
CO2 production supplied by that manufacturer.

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Official Journal of the European Union

19.2.2004

Article 5

1. With effect from 19 February 2005 for vehicles of category N1, Member States may not, on grounds
relating to CO2 emission or to fuel consumption:

(a) refuse, in respect of any given type of motor vehicle, to grant EC type-approval or national type-

approval;

(b) prohibit the registration, sale or entry into service of vehicles pursuant to Article 7 of Directive 70/

156/EEC,

if the CO2 emission and fuel consumption figures have been determined in accordance with the require-
ments of Directive 80/1268/EEC, as amended by this Directive.

2. With effect from 1 January 2005 for vehicles of category N1, Class I, and with effect from 1 January
2007 for vehicles of category N1, Classes II and III, Member States:

(a) shall no longer grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC;

(b) shall refuse to grant national type-approval, except where the provisions of Article 8(2) of Directive

70/156/EEC are invoked,

if the CO2 emission and fuel consumption figures have not been determined in accordance with the
requirements of Directive 80/1268/EEC, as amended by this Directive.

3. With effect from 1 January 2006 for vehicles of category N1, Class I, and with effect from 1 January
2008 for vehicles of category N1, Classes II and III, Member States shall:

(a) consider certificates of conformity which accompany new vehicles pursuant to Directive 70/156/EEC

to be no longer valid for the purpose of Article 7(1) of that Directive;

(b) refuse the registration, sale or entry into service of new vehicles which are not accompanied by a valid
certificate of conformity pursuant to Directive 70/156/EEC, except where the provisions of Article 8(2)
of that Directive are invoked;

if the CO2 emission and fuel consumption figures have not been determined in accordance with the
requirements of Directive 80/1268/EEC, as amended by this Directive.

For multistage vehicles of category N1, the dates mentioned in paragraphs 2 and 3 shall be postponed

4.
by 12 months.

5.

For the purposes of this Article:

— a vehicle of category N1, Class I, means an N1 vehicle with a reference mass not exceeding 1 305 kg,

— a vehicle of category N1, Class II, means an N1 vehicle with a reference mass greater than 1 305 kg,

but not exceeding 1 760 kg,

— a vehicle of category N1, Class III, means an N1 vehicle with a reference mass in excess of 1 760 kg.

Article 6

Member States shall bring into force the laws, regulations and administrative provisions necessary to
comply with this Directive before 19 February 2005. They shall forthwith inform the Commission thereof.

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

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

Article 7

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This Directive is addressed to the Member States.

Article 8

Done at Strasbourg, 11 February 2004.

For the European Parliament

The President

P. COX

For the Council

The President

M. McDOWELL

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Official Journal of the European Union

19.2.2004

ANNEX

I. Annex I to Directive 80/1268/EEC is hereby amended as follows:

1. Point 1 is replaced by the following:

‘1.

SCOPE

This Directive applies to the measurement of carbon dioxide (CO2)emissions and fuel consumption of
motor vehicles of categories M1 and N1.

It does not apply to a type of N1 vehicle if both:
— the engine type fitted to that type of vehicle has received type-approval pursuant to Directive 88/77/

EEC, and

— the total annual worldwide production of N1 vehicles of the manufacturer is less than 2 000 units.’

2. Point 2.3 is replaced by the following:

‘2.3.

For the test described in point 6, a vehicle representative of the vehicle type to be approved will be
submitted when the technical service responsible for the type-approval tests carries out the tests itself. For
M1 and N1 vehicles, type-approved with respect to their emissions according to Directive 70/220/EEC, the
technical service will check during the test that this vehicle conforms to the limit values applicable to that
type, as described in Directive 70/220/EEC.’

3. In point 6.1, the following paragraph is added:

‘Vehicles which do not attain the acceleration and maximum speed values required in the test cycle must be oper-
ated with the accelerator control fully depressed until they once again reach the required operating curve. Devia-
tions from the test cycle must be recorded in the test report.’

4. Point 11 is replaced by the following:

‘11.

EXTENSION OF APPROVAL

11.1. The type-approval can be extended to vehicles from the same type or from a different type differing
with regard to the following characteristics of Annex II, if the CO2 emissions measured by the tech-
nical service do not exceed the type-approval value by more than 4 % for vehicles of category M1 and
6 % for vehicles of category N1:
— reference mass,

— maximum authorised mass,

— type of bodywork:

for M1: saloon, hatchback, station wagon, coupé, convertible, multipurpose vehicle
for N1: lorry, van,

— overall gear ratios,

— engine equipment and accessories.

11.2. Extension of approval of vehicles of category N1 within a family:

11.2.1. For vehicles of category N1 that are approved as members of a vehicle family using the
procedure in Annex I, point 12.2, the type-approval can be extended to vehicles from within
the same family only if the technical service estimates that the fuel consumption of the new
vehicle does not exceed the fuel consumption of the vehicle on which the family's fuel
consumption is based.

Approvals may also be extended to vehicles which:
— are up to 110 kg heavier than the family member tested, provided that they are within

220 kg of the lightest member of the family,

— have a lower overall transmission ratio than the family member tested due solely to a

change in tyre sizes and

— conform with the family in all other respects.

11.2.2. For vehicles of category N1 that are approved as members of a vehicle family using the
procedure in Annex I, point 12.3, the type-approval can be extended to vehicles from within
the same family without additional testing only if the technical service estimates that the fuel
consumption of the new vehicle falls within the limits made up of those two vehicles in the
family that have the lowest and the highest fuel consumption, respectively.’

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5. The following point shall be added:

‘12. APPROVAL OF VEHICLES OF CATEGORY N1 WITHIN A FAMILY

Vehicles of category N1 can be approved within a family as defined in 12.1 using one of the two alternative
methods described in 12.2 and 12.3.

12.1. N1 vehicles may be grouped together into a family for the purposes of this Directive if the following

parameters are identical or within the specified limits:
12.1.1. Identical parameters are:

— manufacturer and type as defined in Annex II, section I, point 0.2,
— engine capacity,
— emission control system type,
— fuel system type as defined in Annex II, point 1.5.2.

12.1.2. The following parameters have to be within the following limits:

— transmission overall ratios (no more than 8 % higher than the lowest) as defined in

Annex II, point 1.6.3,

— reference mass (no more than 220 kg lighter than the heaviest),
— frontal area (no more than 15 % smaller than the largest),
— engine power (no more than 10 % less than the highest value).

12.2. A vehicle family, as defined in 12.1, can be approved with CO2 emission and fuel consumption data
that are common to all members of the family. The technical service must select for testing the
member of the family which the service considers to have the highest CO2 emission. The measure-
ments are performed as described in point 6, and the results according to the method described in
6.5 are used as type-approval values that are common to all members of the family.

12.3. Vehicles that are grouped in a family as defined in 12.1 can be approved with individual CO2 emis-
sion and fuel consumption data for each of the family members. The technical service selects for
testing the two vehicles, which the service considers to have the highest and the lowest CO2 emis-
sions respectively. The measurements are performed as described in point 6. If the manufacturer's
data for these two vehicles falls within the tolerance limits described in 6.5, the CO2emissions
declared by the manufacturer for all members of the vehicle family can be used as type-approval
values. If the manufacturer's data do not fall within the tolerance limits, the results according to the
method described in 6.5 are used as type-approval values and the technical service shall select an
appropriate number of other family members for additional tests.’

II. Annex II to Directive 80/1268/EEC is amended as follows:

1. The text at the top of the page is amended as follows:

‘Addendum to EC type-approval certificate No:

concerning the type-approval of a vehicle (6) with regard to Directive 80/1268/EEC (CO2 emissions and fuel
consumption) as last amended by Directive 2004/3/EC.’

2. The following footnote is added to the Addendum:

‘(6) For vehicles that are approved within a family according to Annex I, point 12, this Addendum must be

supplied for each individual member of the vehicle family.’

3. The Addendum is further amended as follows:

(a) point 1.3 reads as follows:

‘1.3. Type of bodywork:

1.3.1. for M1: saloon, hatchback, station wagon, coupé, convertible, multipurpose vehicle (1)
1.3.2. for N1: lorry, van’
(b) point 1.7 shall read as follows:

‘1.7. Type-approval values’