Proposal for a Regulation of the European Parliament and of the Council on type approval of motor vehicles with respect to emissions and on access to vehicle repair information, amending Directive 72/306/EEC and Directive ../../EC {SEC(2005) 1745}
Date: 2005-12-21
Institutions: European Commission
Subjects: air quality, approximation of laws, motor vehicle, pollution control measures, quality label, technical regulations

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 21.12.2005 
COM(2005) 683 final 

2005/0282 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on type approval of motor vehicles with respect to emissions and on access to vehicle 
repair information, amending Directive 72/306/EEC and Directive ../../EC 

(presented by the Commission) 

{SEC(2005) 1745} 

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EXPLANATORY MEMORANDUM 

1) 

CONTEXT OF THE PROPOSAL 

Grounds for and objectives of the proposal 

The objective of the proposal is to lay down harmonised rules on the construction of motor 
vehicles with a view to ensuring the functioning of the internal market while at the same time 
providing for a high level of environmental protection regarding atmospheric emissions. 

The  proper  functioning  of  the  single  market  in  the  European  Union  requires  common 
standards  limiting  the  emission  of  atmospheric  pollutants  from  motor  vehicles.  Action  at 
Community level prevents varying product standards emerging across Member States which 
results in fragmentation of the internal market and imposition of unnecessary barriers to intra-
Community trade.  

Member  States  and  their  citizens  are  concerned  about  the  risks  to  human  health  and  the 
environment that results from air pollution. Although air quality has improved over the past 
decade,  there  are  still  significant  air  quality  problems  throughout  the  European  Union, 
especially in urban areas and in densely populated regions. 

General context 

Euro 4 emission limits for cars came into force on 1 January 2005 for new type approvals1. 
Several Member States have a history of using tax incentives to accelerate the introduction of 
cleaner  vehicles.  In  order  to  avoid  disruption  of  the  single  market  through  various  Member 
States  introducing  fiscal  incentives  in  January  2005  based  on  differing  limit  values,  the 
Commission  services  published  a  staff  working  paper2  which  suggested  a  limit  value  for 
particulate matter. The working paper invited those Member States wishing to introduce fiscal 
incentives to base their incentives on the 5 mg/km value set out in the working paper.  

With no change in the policy of reducing emission levels for motor vehicles, there is a high 
risk  that  the  functioning  of  the  internal  market  would  be  impaired  with  Member  States 
seeking  to  take  unilateral  action.  Poor  air  quality  will  also  remain  an  issue  in  the  European 
Union with atmospheric pollution continuing to have a detrimental impact on human health.  

Existing provisions in the area of the proposal 

The requirements on the construction of motor vehicles are presently governed by Directive 
70/220/EEC3 (as amended), on the ‘Approximation of the laws of the Member States relating 
to measures to be taken against air pollution by emissions from motor vehicles’. 

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3 

Directive  98/69/EC  of  the  European  Parliament  and  of  the  Council  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 (OJ L 350, 28.12.1998, p. 1). 
SEC(2005) 43, 12.1.2005. 
OJ L 76, 6.4.1970, p. 1. 

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Consistency with the other policies and objectives of the Union 

The  proposal  has  been  developed  in  the  context  of  the  "Clean  Air  For  Europe"  (CAFE) 
programme that provided the technical basis for the preparation of the Thematic Strategy on 
Air Pollution4. CAFE assessed levels of emissions, current and future air quality and the costs 
and  benefits  of  further  measures  to  improve  air  quality.  On  this  basis,  the  Commission  has 
identified measures which are required in order to attain the necessary air quality levels. Euro 
5  is  one  among  several  such  measures  that  are  important  to  reduce  emissions  of  ozone 
precursors (such as NOX and HC) and particulate matter. 

Moreover,  the  proposal  is  fully  in  line  with  the  aims  of  the  European  Union's  Sustainable 
Development strategy and contributes significantly to the objectives of the Lisbon strategy. 

2) 

CONSULTATION  OF 
ASSESSMENT 

Consultation of interested parties 

INTERESTED 

PARTIES  AND 

IMPACT 

Consultation methods, main sectors targeted and general profile of respondents 

In developing the proposal the Commission has consulted stakeholders in a number of ways: 

•  There  was  consultation  with  the  Motor  Vehicles  Emissions  Group,  an  expert  stakeholder 
working group responsible for supporting the regulatory processes of the Commission on 
emission related issues. A broad range of interested parties are involved in the work of this 
group:  national  authorities,  vehicle  manufacturers,  component  suppliers, 
industry 
associations and non-governmental organisations. 

•  A  questionnaire  was  sent  to  stakeholders  in  February  2004  on  scenarios  for  new  Euro  5 
emission limit values for passenger cars and light-duty vehicles. The questionnaire sought 
to gather views as to the required technology and associated costs of meeting various limit 
value  scenarios.  The  results  of  the  data  collection  exercise  were  subject  to  review  by  an 
independent expert panel. 

•  Presentations  were  made  to  key  stakeholders  in  early  2005  on  the  results  of  the  review 
carried out by the expert panel. The panel produced a technology map and a cost range of 
meeting the various emission reduction scenarios. 

•  The  Euro  5  proposal  was  developed  at  the  same  time  as  the  Commission's  Thematic 
Strategy for Air Pollution (CAFE Programme). Stakeholders were actively engaged in the 
discussion of this programme. 

•  Key elements of the draft proposal were presented to the CARS 21 High Level and Sherpa 
group, giving stakeholders an early opportunity to comment on new Euro 5 emission limit 
values. 

4 

COM(2005) 446, 21.9.2005. 

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•  In July 2005, the Commission held an internet consultation on a preliminary draft proposal 
for  Euro  5.  This  consultation  generated  around  50  responses  from  a  range  of  different 
stakeholders. 

Summary of responses and how they have been taken into account 

During the internet consultation, a number of issues were raised by stakeholders5. The impact 
assessment  that  accompanies  this  proposal  provides  a  full  account  of  the  substantive  issues 
raised and discusses how they have been taken into consideration. 

Collection and use of expertise 

Scientific/expertise domains concerned 

The proposal required analysis of vehicle technologies to be used to reduce emissions and the 
associated costs of achieving the various scenarios for Euro 5 emission limit values. 

Methodology used 

In early 2004, the Commission services sent out a questionnaire to stakeholders on new Euro 
5 emission limits for light duty vehicles. The questionnaire developed a number of scenarios 
for new limit values and sought data on the technology that would be required to meet those 
values and the associated costs. An expert panel of independent consultants was engaged to 
review  responses  to  the  questionnaire.  The  aim  was  to  assess  and  validate  the  stakeholder 
responses and reach a common position on the technology required and cost for each scenario. 
This information was used to model the impacts of a number of the emission limit scenarios. 

Main organisations/experts consulted 

Data were collected from a range of stakeholders in the automotive industry and collated by a 
group of consultants led by TNO in The Netherlands. 

Summary of advice received and used 

The panel of consultants summarised the cost data provided by stakeholders. The Commission 
used  the  panel’s  report  as  an  input  to  the  analysis  of  the  various  emission  limit  value 
scenarios.  The  preferred  limit  values  have  been  selected  on  the  basis  of  their  technical 
feasibility  and  cost-effectiveness,  as  explained  in  the  impact  assessment  accompanying  the 
proposal.  

Means used to make the expert advice publicly available 

The report of the expert panel is available on the DG Enterprise and Industry web site6. 

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http://europa.eu.int/comm/enterprise/automotive/pagesbackground/pollutant_emission/ 
stakeholder_consultation/contributions.htm 
http://europa.eu.int/comm/enterprise/automotive/mveg_meetings/meeting97/tno_report.pdf 

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Impact assessment 

Four policy options have been considered: 

(1) 

'No  policy  change'  approach:  the  emission  limit  values  of  Euro  4  (Directive 
70/220/EC as amended) remain in force for diesel and petrol vehicles. 

With no change in the policy of reducing emission levels for motor vehicles, there is a high 
risk  that  the  functioning  of  the  internal  market  would  be  impaired.  It  is  likely  that  in  the 
absence  of  stricter  emission  standards  at  European  level,  Member  States  would  start 
legislating themselves or would start using other measures, such as bans on certain types of 
vehicle entering cities or creation of low emission zones.  

Poor  air  quality  will  remain  an  issue  in  the  European  Union  as  atmospheric  pollution  will 
continue to have a detrimental impact on human health. The CAFE Programme showed that 
despite the improvements in pollutant emissions, health impacts from air pollution across the 
EU are still projected to be considerable in 2020. 

Therefore, this policy option is not considered to be viable. 

(2) 

Regulatory  approach:  revising  the  existing  Euro  4  legislation  through  setting  new 
Euro 5 emission limit values at European Union level. 

In comparison with the no policy change scenario, the regulatory option will have the clear 
benefits of ensuring the proper functioning of the internal market and improving air quality. 
This will improve public health and, thus, will enable Governments to generate savings. 

The indirect impacts of the regulatory option might be positive in terms of the international 
competitiveness of EU industry, especially in markets with strict environmental regulation in 
force. 

Thus, the option of regulatory approach is pursued in the proposal. 

(3) 

Fiscal  incentives  by  Member  States:  Member  States  introduce  on  a  voluntary  basis 
fiscal incentives for vehicles that fulfil stricter emission limit values than Euro 4. 

At  present  only  a  small  number  of  Member  States  have  a  history  of  introducing  fiscal 
incentives, so uptake of the measure could be limited. The sustainability of such measures can 
also  be  questioned  on  the  long  term.  Therefore,  this  policy  could  lead  to  considerable 
uncertainty for manufacturers as to the demand for cleaner vehicles. 

In  addition,  different  types  of  incentive  regimes  in  neighbouring  countries  could  result  in 
unpredictable  cross  border  effects,  both  in  terms  of  vehicle  purchasing  patterns  and  air 
pollution impacts. The continued existence of the single market for vehicles could therefore 
be put at risk. 

Thus, the option does not ensure that the policy objectives are attained and could even have a 
negative impact on the functioning of the internal market through reducing the certainty as to 
the demand for specific types of vehicles.  

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Therefore, this is not the approach to be followed. 

(4) 

Non-regulatory approach: self-regulation through negotiated commitments with the 
automotive industry to reduce the emissions from new vehicles. 

It is not clear that a self commitment provides an adequate guarantee that a specific emission 
level  will  be  reached  or  that  there  will  be  appropriate  sanctions  available  if  the  self-
commitment  were  to  be  breached.  In  addition,  it  is  not  apparent  that  the  use  of  a  voluntary 
approach  would  offer  any  additional  benefits  to  the  industry,  governments  or  the  general 
public.  

The  Euro  series  of  emissions  regulations  are  widely  used  in  many  emerging  markets. 
Therefore,  developments  in  the  regulatory  system  for  emissions  established  in  the  EU  have 
important  implications  around  the  world.  A  move  away  from  a  regulatory  approach  to  a 
voluntary approach would therefore be disruptive to the process of global harmonisation.  

The option of non-regulatory approach was therefore not considered further. 

The  Commission  services  carried  out  an  impact  assessment  listed  in  the  Work  Programme 
under the reference number 2005/ENTR/018. 

3) 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

The main aspect of this Regulation is that it requires a further tightening of vehicle emission 
limits for particulate matter and nitrogen oxides (NOX). 

A  large  reduction  (80%)  in  the  mass  of  particulate  emissions  from  diesel  vehicles  will  be 
required. While this lower emission limit does not prescribe a particular technology, it will de 
facto require the introduction of diesel particulate filters (DPFs).  

At  present,  the  emission  limit  selected  can  only  be  met  by  closed  filters,  which  have  the 
benefit  of  reducing  the  ultra  fine  particles  that  are  considered  most  harmful  to  health.  To 
prevent  the  possibility  that  in  the  future  open  filters  are  developed  that  meet  the  new 
particulate mass limit but enable a high number of ultra fine particles to pass, it is foreseen to 
introduce at a later stage a new standard limiting the number of particles that can be emitted. 
At  the  moment,  it  is  not  appropriate  to  define  a  number  standard  as  research  is  being 
conducted  at  the  UN/ECE  under  the  Particulate  Measurement  Programme  (PMP).  The 
UN/ECE working party is still examining this issue. Once the results of the PMP programme 
are available, a number standard will be implemented through comitology. 

The  PMP  programme  is  also  testing  a  new  protocol  for  measuring  particulate  emissions.  A 
key  benefit  of  the  new  approach  is  that  it  provides  for  greater  repeatability  in  measuring 
emissions in the laboratory. Once the programme is complete, consideration will be given to 
replacing  the  current  measurement  procedure  with  the  new  approach.  When  the  new 
measurement  procedure  is  implemented,  the  Commission  will  have  to  recalibrate  the  PM 
mass emission limits set out in this proposal, as the new technique records a lower level of 
mass than the current method. 

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For diesel vehicles, only a small reduction (20%) in NOx is planned. This emission limit has 
been  set  so  that  reductions  can  be  achieved  by  further  internal  engine  measures.  As  the 
proposal  will  lead  to  the  installation  of  particulate  filters  in  the  exhaust  stream,  the 
Commission  wished  to  avoid  an  obligation  for  installing  an  additional  NOx  after-treatment 
system  at  this  stage.  As  the  technology  for  further  NOx  reduction  is  not  yet  mature,  it  is 
therefore proposed not to reduce NOx emissions beyond the 200 mg/km limit value. 

The  proposal  includes  further  reductions  in  emissions  from  petrol  cars.  The  Commission 
proposes  a  25%  reduction  in  NOx  with  a  limit  value  of  60  mg/km  and  a  25%  reduction  in 
hydrocarbons (HC) with a limit value of 75 mg/km. Many petrol vehicles currently sold in the 
EU are comfortably beneath this proposed emission limit, others can be made to respect it at 
relatively low cost. 

Emission limits on the mass of particulate emissions from petrol engines are also proposed. 
These  limits  apply  only  to  direct  injection  vehicles  operating  in  lean  burn  mode,  as  PM 
emissions  are  not  an  issue  for  petrol  vehicles  that  operate  with  purely  stoichiometric 
combustion. 

A  further  change  is  the  proposal  that  the  durability  period  over  which  manufacturers  must 
ensure  the  functioning  of  pollution  control  devices  has  been  extended  from  80 000  km  to 
160 000 km. This change will more realistically reflect the actual life of vehicles and ensure 
that emission control systems continue to function throughout the life of the vehicle.  

The  proposal  includes  a  requirement  that  vehicle  repair  information  be  made  available 
through  websites  in  the  standardised  format  developed  by  a  technical  committee  of 
stakeholders (the so-called 'OASIS standard'). 

A  final  aspect  is  the  removal  of  the  exception  in  previous  legislation  which  enabled  heavy 
passenger  vehicles  (Class  M1,  over  2 500  kg)  to  be  type  approved  as  light  commercial 
vehicles. There is no longer seen to be any justification for this exemption. 

Legal basis 

The legal basis of the proposal is Article 95 of the Treaty. 

Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the  exclusive 
competence of the Community. 

The objectives of the proposal cannot be sufficiently achieved  by  actions  of Member  States 
because of the need to avoid the emergence of barriers to the single market and because of the 
transboundary implications of air pollution. 

Community  action  will  better  achieve  the  objectives  of  the  proposal  because  it  will  avoid 
fragmentation  of  the  internal  market  which  would  otherwise  arise.  By  setting  uniform 
standards for the level of pollutant emissions from motor vehicles, the proposal ensures better 
air quality in the European Union and addresses the problem of transboundary air pollution. 

The proposal therefore complies with the subsidiarity principle. 

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Proportionality principle 

The proposal complies with the proportionality principle because it does not go beyond what 
is  necessary  in  order  to  achieve  the  objectives  of  ensuring  the  proper  functioning  of  the 
internal market while at the same time providing for a high level of environmental protection. 

The  cost-benefit  analysis  carried  out  in  the  framework  of  the  impact  assessment  of  the 
proposal demonstrates that the selected emission limit values provide benefits for the society 
as a whole, while at the same time taking into account the competitiveness of the automotive 
industry. 

Choice of instruments 

The  proposed  instrument  is  a  Regulation.  Other  means  would  not  be  adequate  for  the 
following reason: 

•  The use of a Regulation is considered to be appropriate in providing the required assurance 

for compliance whilst not requiring the transposition into member states legislation. 

The proposal uses the "split-level approach" that has been used in other pieces of legislation, 
e.g. in the case of the Directive for heavy duty vehicle emissions7. This approach foresees that 
the proposal and adoption of legislation will be made according to two different, but parallel, 
routes: 

•  first,  the  fundamental  provisions  will  be  laid  down  by  the  European  Parliament  and  the 
Council  in  a  Regulation  based  on  Article  95  of  the  EC  Treaty  through  the  co-decision 
procedure (the 'co-decision proposal'); 

•  secondly, the technical specifications implementing the fundamental provisions will be laid 
down  in  a  Regulation  adopted  by  the  Commission  with  the  assistance  of  a  regulatory 
committee (the 'comitology proposal'). 

4) 

BUDGETARY IMPLICATION 

The proposal has no implications for the Community budget. 

5) 

ADDITIONAL INFORMATION  

Simulation, pilot phase and transitory period 

There are general transitory periods in the proposal in order to allow sufficient lead times for 
vehicle manufacturers. 

7 

Directive 2005/55/EC (OJ L 275, 20.10.2005, p. 1); Directive 2005/78/EC (OJ L 313, 29.11.2005, p. 1). 

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Simplification 

The proposal provides for simplification of legislation. 

The  Communication  from  the  Commission  to  the  Council,  the  European  Parliament,  the 
European Economic and Social Committee and the Committee of the Regions having the title 
“updating  and  simplifying  the  Community  acquis”8  identifies,  as  a  priority  area  for 
simplification  of  Community  legislation,  the  type  approval  system  for  motor  vehicles.  The 
proposal for new emissions legislation repealing Directive 70/220/EEC is specifically listed in 
the Commission work programme. 

In addition this proposal seeks to further simplify Community legislation by integrating into 
this  Regulation  and  its  implementing  measures  the  requirements  and  test  procedures  for 
measuring  carbon  dioxide  emissions  and  fuel  consumption  of  light  duty  vehicles  set  out  in 
Directive 80/1268/EEC9 (as amended). As a result this Directive can also be repealed.  

A  further  simplification  is  introduced  through  integration  of  the  test  requirements  for 
measuring  diesel  smoke  contained  in  Directive  72/306/EEC10  into  this  proposal.  This 
Directive will be able to be repealed in the future when similar requirements are introduced 
into emissions legislation relating to heavy duty vehicles. 

The  proposal  provides  for  simplification  of  administrative  procedures  for  public  authorities 
(EU or national). The proposal is included in the Commission's rolling programme for up-date 
and  simplification  of  the  acquis  communautaire  and  its  Work  and  Legislative  Programme 
under the reference 2005/ENTR/018. 

Repeal of existing legislation 

The adoption of the proposal will lead to the repeal of existing legislation. This is detailed in 
Article 17 of the proposal. 

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COM(2003) 71, 11.2.2003. 
Council Directive 80/1268/EEC of 16 December 1980 on the approximation of the laws of the Member 
States relating to the fuel consumption of motor vehicles (OJ L 375, 31.12.1980, p. 36). 
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 (OJ L 190, 20.8.1972, p. 1). 

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Review/revision/sunset clause 

The Commission intends to review in 2009 the issue of further improvements of emissions, 
following  the  mid-term  review  of  the  CARS  21  report,  with  a  view  to  proposing  a  further 
significant reduction of limit values (including NOx) that reflect the development in vehicle 
emission technology at that point in time and cost-effectiveness considerations. Any proposal 
will be based on an extended impact assessment and stakeholder consultation. 

European Economic Area 

The  proposed  act  concerns  an  EEA  matter  and  should  therefore  extend  to  the  European 
Economic Area. 

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2005/0282 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on type approval of motor vehicles with respect to emissions and on access to vehicle 
repair information, amending Directive 72/306/EEC and Directive ../../EC 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission11, 

Having regard to the opinion of the European Economic and Social Committee12, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty13, 

Whereas: 

(1) 

(2) 

(3) 

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14 

The  internal  market  comprises  an  area  without  internal  frontiers  in  which  the  free 
movement  of  goods,  persons,  services  and  capital  must  be  ensured.  To  that  end  a 
comprehensive  Community  type  approval  system  for  motor  vehicles,  established  by 
Directive [XXXX/XX/EC] of [date] of the European Parliament and of the Council on 
the  approval  of  motor  vehicles  and  their  trailers,  and  of  systems,  components  and 
separate  technical  units  intended  for  such  vehicles14,  is  in  place.  The  technical 
requirements for the type approval of motor vehicles with regard to emissions should 
therefore be harmonised to avoid requirements that differ from one Member State to 
another, and to ensure a high level of environmental protection. 

This  Regulation  is  one  of  a  number  of  separate  regulatory  acts  in  the  context  of  the 
Community type approval procedure under Directive [XXXX/XX/EC]. Therefore, this 
Directive should be amended accordingly. 

At  the  request  of  the  European  Parliament  a  new  regulatory  approach  has  been 
introduced  in  EU  vehicle  legislation.  Thus,  this  Regulation  lays  down  fundamental 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ L , , p. . [This refers to the Commission’s proposal COM(2003) 418, 2003/0153 (COD) as amended 
by COM(2004) 738 which is pending in the codecision process. References to the Framework Directive 
will be updated as soon as it is adopted.] 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

provisions on vehicle emissions, whereas the technical specifications will be laid down 
by implementing measures adopted under [Article 36] of the Framework Directive. 

In  March  2001  the  Commission  launched  the  Clean  Air  For  Europe  (CAFE) 
programme, the major elements of which are outlined in a communication15. This has 
led to the adoption of a thematic strategy on air pollution16. One of the conclusions of 
the  thematic  strategy  is  that  further  reductions  in  vehicle  emissions  are  needed  to 
achieve European air quality objectives. 

In setting emissions standards it is important to take into account the implications for 
markets and manufacturers’ competitiveness, the direct and indirect costs imposed on 
business and the benefits that accrue in terms of stimulating innovation, improving air 
quality and reducing health costs.  

Unrestricted  and  standardised  access  to  vehicle  repair  information  and  effective 
competition on the market for vehicle repair and information services are necessary to 
facilitate the free circulation of vehicles on the internal market. A great proportion of 
such  information  is  related  to  on-board  diagnostic  systems  and  their  interaction  with 
other  vehicle  systems.  It  is  appropriate  to  lay  down  technical  specifications  that 
manufacturers’ websites shall follow. 

The  Commission  should  closely  monitor  technological  developments  in  emission 
control and, where appropriate, adapt this Regulation accordingly. 

The Commission should keep under review, and where necessary regulate, emissions 
which are as yet unregulated and which arise as a consequence of the wider use of new 
fuel  formulations,  engine  technologies  and  exhaust  emission  control  systems.  This 
should include a review of the benefits of changing from regulating emissions of total 
hydrocarbons  (THC)  to  a  system  based  on  non-methane  hydrocarbons  (NMHC)  and 
methane (CH4). 

In order to ensure that emissions of ultra fine particulate matter (PM) are controlled, 
the  Commission  should  also  give  consideration  to  the  adoption  of  a  number  based 
approach  to  emissions  of  PM,  in  addition  to  the  mass  based  approach  which  is 
currently used.  

(10)  To provide greater repeatability in measuring the mass of particulate emissions in the 
laboratory, the Commission should introduce a new testing protocol. Once the relevant 
research programme is complete, consideration will be given to replacing the current 
measurement  procedure  with  the  new  approach.  When  the  new  measurement 
procedure is implemented, the PM mass emission limits set out in this proposal will be 
recalibrated,  as  the  new  technique  records  a  lower  level  of  mass  than  the  current 
method. 

(11)  The  Commission  should  keep  under  review  the  need  to  revise  the  New  European 
Drive  Cycle  as  the  test  procedure  that  provides  the  basis  of  EC  type  approval 
emissions regulations. Updating or replacement of the test cycles may be required to 
reflect  changes  in  vehicle  specification  and  driver  behaviour.  Revisions  may  be 

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16 

COM(2001) 245, 4.5.2001. 
COM(2005) 446, 21.9.2005. 

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necessary  to  ensure  that  real  world  emissions  correspond  to  those  measured  at  type 
approval.  The  application  of  portable  emissions  measurement  systems  and  the 
introduction of the ‘not-to-exceed’ regulatory concept should also be considered. 

(12)  On-board diagnostic systems are important in the control of emissions during the use 
of  a  vehicle.  Due  to  the  importance  of  controlling  real  world  emissions,  the 
Commission  should  keep  under  review  the  requirements  for  such  systems  and  the 
tolerance thresholds for monitoring faults.  

(13)  A standardised method of measuring fuel consumption and carbon dioxide emissions 
of  vehicles  is  necessary  to  ensure  that  no  technical  barriers  to  trade  arise  between 
Member  States.  Furthermore,  it  is  also  necessary  to  ensure  that  customers  and  users 
are supplied with objective and precise information.  

(14)  Member  States  should  be  able,  by  means  of  financial  incentives,  to  accelerate  the 
placing  on  the  market  of  vehicles  which  satisfy  the  requirements  adopted  at 
Community level. However, such incentives should comply with the provisions of the 
Treaty, in particular the rules on state aid. This is in order to satisfy certain conditions 
intended to avoid distortions of the internal market. This Regulation should not affect 
the Member States' right to include emissions in the basis for calculating taxes levied 
on vehicles.  

(15)  Given  that  the  Community  legislation  on  emissions  and  fuel  consumption  has 
developed over more than 35 years and is now spread over more than 24 Directives, it 
is  advisable  to  replace  those  Directives  by  a  new  Regulation  and  a  number  of 
implementing measures. The use of regulations will ensure that the detailed technical 
provisions are directly applicable to manufacturers, approval authorities and technical 
services and that they can be updated in a much faster and more efficient way. Council 
Directive  70/220/EEC  of  20  March  1970  on  the  approximation  of  the  laws  of  the 
Member States on measures to be taken against air pollution by emissions from motor 
vehicles17  and  Council  Directive  80/1268/EEC  of  16  December  1980  relating  to  the 
carbon  dioxide  emissions  and  the  fuel  consumption  of  motor  vehicles18  should 
therefore  be  repealed.  Directives  89/458/EEC19,  91/441/EEC20,  93/59/EEC21, 
94/12/EC22,  96/69/EC23,  98/69/EC24  and  2004/3/EC25  should  also  be  repealed.  In 

17 

18 

19 

20 

21 

22 

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). 
OJ  L  375,  31.12.1980,  p.  36  Directive  as  last  amended  by  Directive  2004/3/EC  of  the  European 
Parliament and of the Council (OJ L 49, 19.2.2004, p. 36). 
Council Directive 89/458/EEC of 18 July 1989 amending with regard to European emission standards 
for cars below 1,4 litres Directive 70/220/EEC on the approximation of the laws of the Member States 
relating  to  measures  to  be  taken  against  air  pollution  by  emissions  from  motor  vehicles  (OJ  L  226, 
3.8.1989, p. 1). 
Council Directive 91/441/EEC of 26 June 1991 amending Directive 70/220/EEC on the approximation 
of  the  laws  of  the  Member  States  relating  to  measures  to  be  taken  against  air  pollution  by  emissions 
from motor vehicles (OJ L 242 , 30.8.1991, p. 1). 
Council Directive 93/59/EEC of 28 June 1993 amending Directive 70/220/EEC on the approximation of 
the laws of the Member States relating to measures to be taken against air pollution by emissions from 
motor vehicles (OJ L 186, 28.7.1993, p. 21). 
Directive 94/12/EC of the European Parliament and the Council of 23 March 1994 relating to measures 
to be taken against air pollution by emissions from motor vehicles and amending Directive 70/220/EEC 
(OJ L 100, 19.4. 1994, p. 42). 

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addition,  the  Member  States  should  also  repeal  the  transposing  legislation  of  the 
repealed Directives. 

(16)  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  vehicles26  should  be  amended  as  all 
requirements  related  to  the  measurement  of  smoke  opacity  with  light  duty  vehicles 
should be included in this Regulation and its implementing measures. 

(17) 

In  order  to  ensure  a  smooth  transition  from  the  existing  Directives  to  the  present 
Regulation, the applicability of this Regulation should be deferred by a certain period 
after its entry into force. However, during that period manufacturers should be able to 
choose  to  have  vehicles  approved  under  either  the  existing  Directives  or  this 
Regulation.  Moreover,  the  provisions  on  financial  incentives  should  be  applicable 
immediately  after  the  entry  into  force  of  this  Regulation.  The  validity  of  type 
approvals granted under those Directives is not to be affected by the entry into force of 
this Regulation. 

(18)  The  measures  necessary  for  the  implementation  or  amendment  of  this  Regulation 
should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 
laying down the procedures for the exercise of implementing powers conferred on the 
Commission27. 

(19)  The  objectives  of  this  Regulation,  namely  the  realisation  of  the  internal  market 
through  the  introduction  of  common  technical  requirements  concerning  emissions 
from motor vehicles, cannot be sufficiently achieved by the Member States. Due to the 
scale  of  the  action  required  the  objectives  can  be  better  achieved  at  a  Community 
level.  Therefore,  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  Regulation  does  not  go 
beyond what is necessary for that purpose, 

23 

24 

25 

26 

27 

Directive  96/69/EC  of  the  European  Parliament  and  of  the  Council  of  8  October  1996  amending 
Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be 
taken against air pollution by emissions from motor vehicles (OJ L 282, 1.11.1996, p. 64). 
Directive  98/69/EC  of  the  European  Parliament  and  of  the  Council  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 (OJ L 350, 28.12.1998, p. 1). 
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 (OJ L 49, 19.2.2004, p. 36). 
OJ L 190, 20.8.1972, p. 1. Direcitve as last amended by Commission Directive 2005/21/EC (OJ L 61, 
8.3.2005, p. 25). 
OJ L 184, 17.7.1999, p. 23. 

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HAVE ADOPTED THIS REGULATION: 

CHAPTER I  
Subject matter, scope and definitions 

Article 1 
Subject matter 

This  Regulation  establishes  requirements  for  the  type  approval  of  motor  vehicles  and 
replacement parts, such as replacement catalytic converters, with regard to their emissions. 

In addition, this Regulation lays down rules for in use compliance, durability of anti-pollution 
devices,  on-board  diagnostic  (OBD)  systems,  measurement  of  fuel  consumption  and 
accessibility of vehicle repair information. 

Article 2 
Scope 

1. 

This Regulation shall apply to motor vehicles equipped with: 

(a) 

positive ignition engines; 

(b)  positive ignition engines fuelled by gas of categories M1 and N1 as defined in 

[Annex II] of Directive [XXXX/XX/EC]; and 

(c) 

compression ignition engines of categories M1 and N1 as defined in [Annex II] 
of Directive [XXXX/XX/EC]. 

2. 

At  the  manufacturer’s  request  this  Regulation  may  also  apply  to  motor  vehicles 
equipped with compression ignition engines of categories M2 and  N2, as defined in 
[Annex  II]  of  Directive  [XXXX/XX/EC],  having  a  reference  mass  not  exceeding 
2 840  kg  and  which  meet  the  conditions  laid  down  in  this  Regulation  and  its 
implementing measures. 

Article 3 
Definitions 

For the purposes of this Regulation the following definitions shall apply:  

(1) 

(2) 

(3) 

“hybrid  vehicle”  means  a  vehicle  with  at  least  two  different  energy  converters  and 
two  different  energy  storage  systems  (on  vehicle)  for  the  purpose  of  vehicle 
propulsion; 

“reference  mass”  means  the  mass  of  the  vehicle  in  running  order  less  the  uniform 
mass of the driver of 75 kg and increased by a uniform mass of 100 kg; 

“gaseous pollutants” means the exhaust gas emissions of carbon monoxide, oxides of 
nitrogen,  expressed  in  nitrogen  dioxide  (NO2)  equivalent,  and  hydrocarbons 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

(12) 

(13) 

(14) 

assuming ratio of: C1H1.85 for petrol,C1H1.86 for diesel, C1H2.525 for LPG, CH4 
for NG; 

“particulate  pollutants”  means  components  of  the  exhaust  gas  which  are  removed 
from the diluted exhaust gas at a maximum temperature of 325 K (52°C) by means of 
the filters described in test procedure for verifying average tailpipe emissions; 

“tailpipe emissions” means the emission of gaseous and particulate pollutants; 

“evaporative emissions” means the hydrocarbon vapours lost from the fuel system of 
a motor vehicle other than those from tailpipe emissions; 

“crankcase” means the spaces in, or external to, an engine which are connected to the 
oil sump by internal or external ducts through which gases and vapours can escape; 

“anti-pollution device” means those components of a vehicle that control and/or limit 
tailpipe and evaporative emissions; 

“on-board diagnostic system” or “OBD system” means a system for emission control 
which  has  the  capability  of  identifying  the  likely  area  of  malfunction  by  means  of 
fault codes stored in computer memory; 

“defeat  device”  means  any  element  of  design  which  senses  temperature,  vehicle 
speed,  engine  speed  (RPM),  transmission  gear,  manifold  vacuum  or  any  other 
parameter  for  the  purpose  of  activating,  modulating,  delaying  or  deactivating  the 
operation of any part of the emission control system, that reduces the effectiveness of 
the emission control system under conditions which may reasonably be expected to 
be encountered in normal vehicle operation and use;  

“original equipment catalytic converter” means a catalytic converter or an assembly 
of catalytic converters covered by the type approval delivered for the vehicle; 

“replacement  catalytic  converter”  means  a  catalytic  converter  or  an  assembly  of 
catalytic  converters  intended  to  replace  an  original  equipment  catalytic  converter 
which  can  be  approved  as  a  separate  technical  unit  as  defined  in  Directive 
[XXXX/XX/EC]; 

“vehicle repair information” means all information required for diagnosis, servicing, 
inspection,  periodic  monitoring,  repair,  re-programming  or  re-initialising  of  the 
vehicle  and  which  the  manufacturers  provide  for  their  authorised  dealers/repair 
shops, including all subsequent amendments and supplements to such information.  

“independent operator” means undertakings other than authorised dealers and repair 
shops  which  are  directly  or  indirectly  involved  in  the  repair  and  maintenance  of 
motor  vehicles,  in  particular  repairers,  manufacturers  of  repair  equipment  or  tools, 
distributors  of  spare  parts,  publishers  of  technical  information,  automobile  clubs, 
roadside assistance operators, operators offering inspection and testing services and 
operators offering training for repairers. 

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Chapter II 
Obligations of the manufacturers 

Article 4 
Manufacturers’ obligations 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

Manufacturers shall ensure that all vehicles brought forward for type approval to be 
sold,  registered  or  put  into  service  in  the  Community  comply  with  this  Regulation 
and its implementing measures.  

That  obligation  includes  meeting  the  emission  limits  set  out  in  Annex  I  and  the 
implementing measures referred to in Article 5. 

Manufacturers shall ensure that type approval procedures for verifying conformity of 
production, durability of pollution control devices and in-use compliance are met. In-
use compliance measures shall be checked for a period of up to 5 years or 100 000 
km,  whichever  is  the  sooner.  Durability  testing  of  pollution  control  devices 
undertaken for type approval shall cover 160 000 km.  

Manufacturers shall set out carbon dioxide emissions and fuel consumption figures in 
a document given to the purchaser of the vehicle at the time of purchase. 

The  Commission  shall  establish,  in  accordance  with  the  procedure  referred  to  in 
Article 37(2) of Directive [XXXX/XX/EC], the specific procedures and requirements 
for the implementation of paragraphs 2 and 3. 

Article 5 
Requirements and tests 

The  manufacturer  shall  equip  vehicles  so  that  the  components  likely  to  affect 
emissions  are  designed,  constructed  and  assembled  so  as  to  enable  the  vehicle,  in 
normal use, to comply with this Regulation and its implementing measures. 

The use of defeat devices that reduce the effectiveness of emission control systems 
shall be prohibited except in the following cases: 

a) 

the  need  for  the  device  is  justified  in  terms  of  protecting  the  engine  against 
damage or accident and for safe operation of the vehicle, or 

b) 

the device does not function beyond the requirements of engine starting, or 

c) 

conditions  are  substantially  included  in  the  test  procedures  for  verifying 
evaporative emissions and average tailpipe emissions. 

Manufacturers  shall  demonstrate  compliance  with 
implementing measures in order to obtain type approval for their vehicles.  

this  Regulation  and 

its 

The  Commission  shall  establish  the  specific  procedures,  tests  and  requirements  for 
type approval including specification of the requirements relating to:  

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a) 

tailpipe  emissions,  including  test  cycles,  low  ambient  temperature  emissions, 
emissions  at  idling  speed,  smoke  opacity  and  correct  functioning  and 
regeneration of after-treatment systems; 

b) 

evaporative emissions and crankcase emissions; 

c) 

d) 

e) 

f) 

g) 

h) 

i) 

on-board diagnostic systems and in-use performance of anti-pollution devices; 

durability  of  anti-pollution  devices,  replacement  emission  control  systems,  in 
use compliance, conformity of production and roadworthiness; 

carbon dioxide emissions and fuel consumption;  

hybrid vehicles; 

extension of type approvals and requirements for small volume manufacturers; 

requirements for test equipment; and 

reference fuels, such as petrol, diesel, gaseous fuels and biofuels. 

The Commission shall keep under review the pollutants subject to the requirements 
and  tests  referred  to  in  paragraph  4  as  well  as  the  test  cycles  used  to  measure 
emissions  and  shall  adopt  the  necessary  measures  if  it  finds  that  the  procedures  or 
tests are no longer adequate or do no longer reflect real world emissions. 

The  Commission  shall  establish,  in  accordance  with  the  procedure  referred  to  in 
Article  37(2)  of  Directive  [XXXX/XX/EC],  the  specific  procedures,  tests  and 
requirements for the implementation of paragraphs 2 to 5. 

CHAPTER III 
Access to vehicle repair information 

Article 6 
Manufacturers’ obligations 

Manufacturers  shall  provide  unrestricted  and  standardised  access  to  vehicle  repair 
information  to  independent  operators  through  websites  in  a  readily  accessible  and 
prompt  manner,  and  in  a  manner  which  is  non-discriminatory  compared  to  access 
granted to authorised dealers and repair shops.  

5. 

6. 

1. 

2. 

The information referred to in paragraph 1 shall include:  

(a) 

an unequivocal vehicle identification; 

(b) 

service handbooks; 

(c) 

technical manuals; 

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3. 

4. 

5. 

6. 

(d) 

component  and  diagnosis  information  (such  as  minimum  and  maximum 
theoretical values for measurements); 

(e)  wiring diagrams; 

(f) 

diagnostic trouble codes (including manufacturer specific codes); 

(g) 

the software calibration identification number applicable to a vehicle type; 

(h) 

information provided concerning, and delivered by means of, proprietary tools 
and equipment; and 

(i) 

data record information and two-directional monitoring and test data. 

Authorised  dealers  or  repairers  within  the  distribution  system  of  a  given  vehicle 
manufacturer  shall  be  regarded  as  independent  operators  for  the  purposes  of  this 
Regulation to the extent that they provide repair or maintenance services for vehicles 
in respect of which they are not members of the vehicle manufacturer’s distribution 
system. 

The  vehicle  repair  information  shall  be  always  available,  except  as  required  for 
maintenance purposes. 

For  the  purposes  of  manufacture  and  servicing  of  OBD-compatible  replacement  or 
service  parts  and  diagnostic  tools  and  test  equipment,  manufacturers  shall  provide 
vehicle  repair  information  on  a  non-discriminatory  basis  to  any  interested 
component, diagnostic tools or test equipment manufacturer and/or repairer.  

When  applying  for  EC  type  approval  or  national  type  approval,  the  manufacturer 
shall provide proof of compliance with this Regulation relating to access to vehicle 
repair  information  and  to  the  information  referred  to  in  paragraph  5  to  the  type 
approval authority.  

In the event that such information is not yet available or does not yet conform to this 
Regulation  and  its  implementing  measures  at  that  point  in  time,  the  manufacturer 
shall  provide  it  within  six  months  from  the  date  of  approval.  If  such  proof  of 
compliance  is  not  provided  within  that  period,  the  approval  authority  shall  take 
appropriate measures to ensure compliance, including withdrawal of type approval.  

The  manufacturer  shall  make  subsequent  amendments  and  supplements  to  vehicle 
repair information available on its websites at the same time they are made available 
to authorised repairers. 

Article 7 
Fees for access to vehicle repair information 

1. 

Manufacturers  may  charge  reasonable  and  proportionate  fees  for  access  to  vehicle 
repair  information  covered  by  this  Regulation;  a  fee  is  not  reasonable  or 
proportionate  if  it  discourages  access  by  failing  to  take  into  account  the  extent  to 
which the independent operator uses it.  

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2. 

Manufacturers  shall  make  available  vehicle  repair  information  on  a  daily,  monthly, 
and yearly basis, with fees for access to such information varying in accordance with 
the respective periods of time for which access is granted.  

Article 8 
Implementing measures 

The Commission shall adopt, in accordance with the procedure referred to in Article 37(2) of 
Directive  [XXXX/XX/EC],  the  measures  necessary  for  implementation  of  Article  6  and 
Article  7.  This  shall  include  the  definition  of  technical  specifications  relating  to  the  way  in 
which vehicle repair information shall be provided. 

CHAPTER IV  
Obligations of Member States 

Article 9 
Type approval 

1. 

2. 

3. 

1. 

With effect from [date of entry into force], if a manufacturer so requests, the national 
authorities may not, on grounds relating to emissions or fuel consumption of motor 
vehicles, refuse to grant EC type approval or national type approval for a new type of 
vehicle, or prohibit the registration, sale or entry into service of a new vehicle, where 
the vehicle concerned complies with this Regulation and its implementing measures. 

With  effect  from  [18  months  plus  one  day  from  the  date  of  entry  into  force],  and 
from [30 months from the date of entry into force] in the case of category N1 class II 
and III, the national authorities shall refuse, on grounds relating to emissions or fuel 
consumption, to grant EC type approval or national type approval in respect of new 
types  of  vehicle  which  do  not  comply  with  this  Regulation  and  its  implementing 
measures.  

With effect from [36 months from the date of entry into force], and from [48 months 
from the date of entry into force] in the case of category N1 class II and III, national 
authorities  shall,  in  the  case  of  new  vehicles  which  do  not  comply  with  this 
Regulation and its implementing measures, consider certificates of conformity to be 
no  longer  valid  for  the  purposes  of  [Article  25]  of  Directive  [XXXX/XX/EC]  and 
shall,  on  grounds  relating  to emissions  or  fuel  consumption,  refuse  registration  and 
prohibit the sale and entry into service of such vehicles.  

Article 10 
Type approval of replacement components 

For new replacement catalytic converters intended to be fitted on EC type approved 
vehicles which are not equipped with on-board diagnostic systems (OBD), national 
authorities shall refuse their sale or installation on a vehicle if they are not of a type 
in  respect  of  which  a  type  approval  has  been  granted  in  compliance  with  this 
Regulation. 

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2. 

Notwithstanding  paragraph  1,  national  authorities  may  continue  to  grant  extensions 
to  EC  type  approvals  for  replacement  catalytic  converters  under  the  terms  under 
which they were originally granted. 

Article 11 
Financial incentives 

1. 

Member  States  may  make  provision  for  financial  incentives  in  respect  of  motor 
vehicles in series production which comply with this Regulation. 

Those incentives shall be valid for all new vehicles offered for sale on the market of 
a Member State which comply with this Regulation and its implementing measures 
in advance of the dates set out in Article 9(3). 

They shall cease on the dates set out in Article 9(3). 

2. 

3. 

4. 

Member States may make provision for financial incentives for the retrofitting of in-
use  vehicles  to  meet  the  emission  limits  laid  down  in  this  Regulation  and  for 
scrapping vehicles which do not comply. 

The financial incentives referred to in paragraphs 1 and 2 shall for each type of motor 
vehicle  be  for  an  amount  lower  than  the  additional  cost  of  the  technical  devices 
introduced  to  ensure  compliance  with  the  emission  limits  specified  in  Annex  I, 
including the cost of installation on the vehicle. 

The Commission shall be informed in sufficient time of plans to institute or change 
the financial incentives referred to in paragraphs 1 and 2. 

Article 12 
Penalties 

Member States shall lay down the provisions on penalties applicable for infringement of the 
provisions of the present Regulation and shall take all measures necessary to ensure that they 
are implemented. The penalties provided for must be effective, proportionate and dissuasive. 
Member States shall notify those provisions to the Commission no later than eighteen months 
after  entry  into  force  of  this  Regulation  and  shall  notify  it  without  delay  of  any  subsequent 
amendment affecting them. 

CHAPTER V  
Final provisions 

Article 13 
Redefinition of Specifications 

1. 

By  [6  months  after  entry  into  force]  the  Commission  shall  examine  the  need  to 
redefine  the  emission  limit  value  of  hydrocarbons  set  out  in  Annex  I,  to  consider 
emissions of non-methane hydrocarbons and methane separately.  

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2. 

3. 

4. 

Consideration shall also be given to including methane emissions in the calculation 
of carbon dioxide emissions. 

If  necessary,  the  Commission  may  take  the  following  measures  with  regard  to 
paragraphs 1 and 2: 

a) 

b) 

amend  this  Regulation  in  accordance  with  Article  14  for  the  purpose  of 
recalibrating  the  limit  values  for  hydrocarbons  set  out  in  Annex  I  to  this 
Regulation; 

adopt, in accordance with Article 37(2) of Directive [XX/XXXX/EC] measures 
to test, account for, or limit, methane emissions. 

After  the  completion  of  the  UN/ECE  Particulate  Measurement  Programme, 
conducted  under  the  auspices  of  the  World  Forum  for  Harmonization  of  Vehicle 
Regulations, the Commission shall take the following measures: 

a) 

amend  this  Regulation  in  accordance  with  Article  14  for  the  purpose  of 
recalibrating the particulate mass based limit values set out in Annex I to this 
Regulation,  and  introducing  particulate  number  based  limit  values  in  that 
Annex  so  that  they  correlate  broadly  with  the  petrol  and  diesel  mass  limit 
values; 

b) 

adopt, in accordance with Article 37(2) of Directive [XX/XXXX/EC] a revised 
measurement procedure for particulates and a particulate number limit value. 

Article 14 
Amendments 

The  Commission  may,  in  accordance  with  the  procedure  referred  to  in  Article  37(2)  of 
Directive [XX/XXXX/EC], amend this Regulation pursuant to Article [36(2), (3), (4)] of that 
Directive. 

Article 15 
Amendments to Directive [XXXX/XX./EC] 

Annexes IV, VI and XI to Directive [XX/XXXX/EC] are amended in accordance with Annex 
II to this Regulation.  

Article 16 
Amendments to Directive 72/306/EEC 

In Article 1 of Directive 72/306/EEC the following paragraph is added: 

‘However,  this  Directive  shall  not  apply  to  those  vehicles  referred  to  in  Article  2  of  [this 
Regulation].’ 

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Article 17 
Repeal 

1. 

2. 

1. 

2. 

3. 

Directives  70/220/EEC,  80/1268/EEC,  89/458/EEC,  91/441/EEC,  93/59/EEC, 
94/12/EC,  96/69/EC,  98/69/EC  and  2004/3/EC  are  repealed  with  effect  from  [18 
months from the date of entry into force of this Regulation]. 

References  to  the  repealed  Directives  shall  be  construed  as  references  to  this 
Regulation. 

Article 18 
Entry into force 

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

This Regulation shall apply from [18 months + 1 day after entry into force], with the 
exception of Articles 9(1) and 11. 

If the adoption of the amendments or implementing measures referred to in Article 
5(6)  and  Article  13(1)  and  (3)  is  delayed  beyond  [6  months  after  the  date  of  entry 
into force of this Regulation], the dates mentioned in paragraphs 2 and 3 of Article 9 
shall  be  replaced  by  the  dates  mentioned  in  the  amendments  or  implementing 
measures. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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ANNEXES  

ANNEX I – Emission limits   

ANNEX II – Amendments to Directive [XXXX/XX/EC] 

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ANNEX I – Emission limits 

Table 1: Euro 5 Emission Limits  

Reference 
mass 

(RM) 

(kg) 

Limit values 

Mass of carbon 
monoxide 

Mass of 
hydrocarbons 

Mass of oxides of 
nitrogen 

(CO) 

(HC) 

(NOx) 

Combined mass of 
hydrocarbons and 
oxides of nitrogen 

(HC + NOx) 

Mass of particulates 

(PM) 

Number of 
particulates(1) 

(PM) 

L1 

(mg/km) 

L2 

(mg/km) 

L3 

(mg/km) 

L2 + L3 

(mg/km) 

L4 

(mg/km) 

L5 

(#/km) 

Category  Class 

PI 

M 

N1 

— 

I 

II 

All 

1000 

RM ≤ 1305 

1000 

1305 < RM 
≤ 1760 

1810 

CI 

500 

500 

630 

PI 

75 

75 

100 

III 

1760 < RM 

2270 

740 

120 

CI 

— 

— 

— 

— 

PI 

60 

60 

75 

82 

CI 

200 

200 

260 

310 

PI 

— 

— 

— 

— 

CI 

250 

250 

320 

PI(2) 

5.0 

5.0 

5.0 

CI 

5.0 

5.0 

5.0 

380 

5.0 

5.0 

PI 

CI 

Key: PI = Positive Ignition, CI = Compression Ignition 

(1) A number standard is to be defined at a later stage.  

(2) Positive ignition particulate mass standards apply only to vehicles with direct injection engines that operate either partially or wholly in lean burn mode.  

EN 

25 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
Table 2 - Emission Limit for the Evaporative Emissions Test  

Mass of Evaporative Emission (g/test) 

2 

Table  3  -  Emission  Limit  for  the  Carbon  Monoxide  and  Hydrocarbon  Tailpipe 
Emissions after a Cold Start Test 

Test temperature 266 K (– 7 °C) 

Vehicle Category 

Class 

Mass of carbon 
monoxide (CO) 

Mass of 
hydrocarbons (HC)

L1 (g/km) 

L2 (g/km) 

M 

N1 

— 

I 

II 

III 

15 

15 

24 

30 

1.8 

1.8 

2.7 

3.2 

EN 

26 

   EN 

 
 
 
 
 
ANNEX II:  Amendments to Directive [XXXX/XX/EC] 

Directive [XXXX/XX/EC] is amended as follows: 

1. 

In Annex IV, part I, point 2 of the table shall be replaced by the following: 

Subject 

Regulatory 
act 
reference 

Official 
reference 

Journal 

Applicability 

M1  M2  M3  N1 

N2  N3  O1  O2  O3  O4 

2. Emissions 

[…./…/EC]  L .., …, p. .. 

X 

X  X  X  

X  X 

2. 

In  Annex  IV,  part  I,  Appendix  1  point  2  of  the  table  shall  be  replaced  by  the 
following: 

Subject 

Regulatory 
reference 

act 

Official Journal 
reference 

M1 

2.  

Emissions 

[…./…/EC] 

L .., …, p. .. 

A 

3. 

In Annex VI, Appendix 1 point 2 of the table shall be replaced by the following: 

Subject 

Regulatory 
reference 

act 

As amended by

Applicable to 

Variants 

2. Emissions 

[…./…/EC] 

4. 

In Annex XI, Appendix 1 point 2 of the table shall be replaced by the following: 

Item  Subject 

Regulatory 
reference 

act 

M1 ≤ 2 500 
(1) kg 

M1 > 2 500 
(1) kg 

M2 

M3 

2  Emissions 

[…./…/EC] 

Q 

G+Q 

G+Q 

G+Q 

EN 

27 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
5. 

In Annex XI, Appendix 2 point 2 of the table shall be replaced by the following: 

Item  Subject 

Regulatory 
act reference 

M1  M2  M3  N1  N2  N3  O1  O2  O3  O4 

2  Emissions 

[…./…/EC]  A 

A 

A 

A 

A 

A 

6. 

In Annex XI, Appendix 3 point 2 of the table shall be replaced by the following: 

Item  Subject 

Regulatory  act 
reference 

M2  M3  N1 

N2 

N3 

O1 

O2 

O3 

O4 

2  Emissions 

[…../…/EC] 

Q 

Q 

Q 

Q 

Q 

7. 

In Annex XI, Appendix 4 point 2 of the table shall be replaced by the following: 

Item 

Subject 

Regulatory act reference 

crane 
Mobile 
of category N3 

2 

Emissions 

[…./…/EC] 

X 

EN 

28 

   EN