Commission Directive 2005/21/EC of 7 March 2005 adapting to technical progress Council Directive 72/306/EEC on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in vehiclesText with EEA relevance
Date: 2005-03-07
Institutions: European Commission
Subjects: Community certification, approval, approximation of laws, combustion gases, diesel engine

8.3.2005

EN

Official Journal of the European Union

L 61/25

COMMISSION DIRECTIVE 2005/21/EC

of 7 March 2005

adapting to technical progress Council Directive 72/306/EEC on the approximation of the laws of
the Member States relating to the measures to be taken against the emission of pollutants from
diesel engines for use in vehicles

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DIRECTIVE:

Having regard to the Treaty
Community,

establishing the European

Article 1

Having regard to Council Directive 72/306/EEC of 2 August
1972 on the approximation of the laws of the Member States
relating to the measures to be taken against the emission of
pollutants from diesel engines for use in vehicles (1), and in
particular Article 4 thereof,

Whereas:

(1)

(2)

(3)

the

type-approval procedure

Directive 72/306/EEC is one of the separate directives
laid down by
under
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 (2).

Consequently the provisions
laid down in Directive
70/156/EEC relating to vehicle systems, components
and
to Directive
72/306/EEC.

technical

separate

apply

units

of

for

the

Nations

(UN-ECE).

Article 9(2) of Directive 70/156/EEC, as amended by
Directive 92/53/EEC (3), provides
the equivalence
between the separate Directives and the corresponding
Economic
Regulations
United
Commission for Europe
therefore
necessary to align the technical requirements relating to
the
the
measurement of
exhaust with
the opacity of
UN-ECE Regulation 24 and international standards. It is
also appropriate to align the fuel used for measuring the
opacity of the exhaust with the fuel permitted for the
measurement of emissions, as given in Council Directive
88/77/EEC (4).

the opacimeter used for

source of

light

the

is

It

The Annexes
accordance with the Annex to this Directive.

to Directive 72/306/EEC are

amended in

Article 2

With effect from 9 March 2006, Member States:

— shall no longer grant EC type-approval pursuant to Article

4(1) of Directive 70/156/EEC, and

— may refuse national type-approval,

for a new type of vehicle on grounds relating to the emission of
pollutants from diesel engines if it fails to comply with the
provisions of Directive 72/306/EEC, as amended by this
Directive.

invalidate any approval previously
This Directive shall not
to Directive 72/306/EEC nor prevent
granted pursuant
extensions to such approvals under the terms of the Directive
under which they were originally granted.

Article 3

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 8 March 2006. They shall forthwith inform the
Commission thereof. They shall apply this Directive from
9 March 2006.

(4)

The measures provided for
in this Directive are in
accordance with the opinion of the Committee for Adap-
tation to Technical Progress established by Directive
70/156/EEC,

(1) OJ L 190, 20.8.1972, p. 1. Directive as

last amended by

Commission Directive 97/20/EC (OJ L 125, 16.5.1997, p. 21).
(2) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission

Directive 2004/104/EC (OJ L 337, 13.11.2004, p. 13).

(3) OJ L 225, 10.8.1992, p. 1.
(4) OJ L 36, 9.2.1988, p. 33. Directive as last amended by Commission

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

When Member States adopt those provisions, they shall contain
a reference to this Directive or shall be accompanied by such
reference at the occasion of their official publication. Member
States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the
texts of the main provisions of the national law that they adopt
in the field governed by this Directive.

L 61/26

EN

Official Journal of the European Union

8.3.2005

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

Article 4

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 7 March 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission

8.3.2005

EN

Official Journal of the European Union

L 61/27

ANNEX

The list of Annexes between the Articles and Annex I is replaced by the following:

‘LIST OF ANNEXES

Annex I:

Definitions, application for EC type-approval, granting of EC type-approval, symbol of
absorption coefficient, specifications and tests, modifications of the type, conformity of production
Appendix 1:

Information document

the corrected

Appendix 2:

Type-approval certificate

Annex II:

Example of the symbol of the corrected absorption coefficient

Annex III:

Test at steady speeds over the full load curve

Annex IV:

Test under free acceleration

Annex V:

Limit values applicable in the test at steady speeds

Annex VI:

Annex VII:

Characteristics of opacimeters
Installation and use of the opacimeter’

AMENDMENTS TO ANNEX I TO DIRECTIVE 72/306/EEC

1. In section 5.2.2.1, ‘Annex VI’ is replaced by ‘Annex V’.

In section 5.3.2, ‘Annex VI’ is replaced by ‘Annex V’

In section 5.4, ‘Annex VII’ is replaced by ‘Annex VI’.

In section 7.2.1.2, ‘Annex VI’ is replaced by ‘Annex V’.

AMENDMENTS TO ANNEX III TO DIRECTIVE 72/306/EEC

2. Section 3.2 is replaced by the following:

‘3.2. Fuel

The reference fuel specified in Annex IV of Directive 88/77/EEC, as last amended, and which is appropriate to the
emission limits against which the vehicle or engine is being type-approved, shall be used.’;

in section 3.4, ‘Annex VII’ is replaced by ‘Annex VI’ and ‘Annex VIII’ is replaced by ‘Annex VII’;

in section 4.2, ‘Annex VI’ is replaced by ‘Annex V’.

3. Annex V is deleted.

4. Annex VI becomes Annex V.

5. Annex VII becomes Annex VI.

Section 3.3 is replaced by the following:

‘3.3. Light source

The light source shall be an incandescent lamp with a colour temperature in the range 2 800 to 3 250 K or a green
light emitting diode (LED) with a spectral peak between 550 and 570 nm. The light source shall be protected against
sooting by means that do not influence the optical path length beyond the manufacturer’s specifications.’

6. Annex VIII becomes Annex VII.

In items 2.16, 2.17 and 2.2.3, ‘Annex VII’ is replaced by ‘Annex VI’.