Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the permissible sound level and the exhaust system of motor vehicles
Date: 2010-09-27
Institutions: European Commission
Subjects: approximation of laws, motor vehicle, motor vehicle pollution, noise level, noise pollution

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EUROPEAN COMMISSION 

Brussels, 27.9.2010 
COM(2010) 508 final 

2010/0261 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the permissible sound level and the exhaust system of motor vehicles 

(Codification) 

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EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  the  law  of  the  Union  so  as  to  make  it  clearer  and  more 
accessible  to  citizens,  thus  giving  them  new  opportunities  and  the  chance  to  make 
use of the specific rights it gives them. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if the law is to be clear and transparent. 

On 1 April 1987 the Commission decided1 to instruct its staff that all acts should be 
codified  after  no  more  than  ten  amendments,  stressing  that  this  is  a  minimum 
requirement  and  that  departments  should  endeavour  to  codify  at  even  shorter 
intervals the texts for which they are responsible, to ensure that their provisions are 
clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  procedure  for 
the adoption of acts of the Union. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Directive 70/157/EEC  of  6  February  1970  on  the  approximation  of  the  laws  of  the 
Member  States  relating  to  the  permissible  sound  level  and  the  exhaust  system  of 
motor  vehicles3.  The  new  Directive  will  supersede  the  various  acts  incorporated  in 
it4; this proposal fully preserves the content of the acts being codified and hence does 
no more than bring them together with only such formal amendments as are required 
by the codification exercise itself. 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
See Annex IV, Part A, of this proposal. 

1. 

2. 

3. 

4. 

1 
2 
3 

4 

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5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in 22 official languages, of Directive 70/157/EEC and the instruments amending it, 
carried  out  by  the  Publications  Office  of  the  European  Union,  by  means  of  a  data-
processing system. Where the Articles have been given new numbers, the correlation 
between the old and the new numbers is shown in a table contained in Annex V to 
the codified Directive. 

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(cid:208) 70/157/EEC (adapted) 

2010/0261 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the permissible sound level and the exhaust system of motor vehicles 

(Codification) 
(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article ⌦ 114 ⌫ thereof; 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee5, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(cid:208)  

Council Directive 70/157/EEC of 6 February 1970 on the approximation of the laws of 
the Member States relating to the permissible sound level and the exhaust system of 
motor  vehicles6  has  been  substantially  amended  several  times7.  In  the  interests  of 
clarity and rationality the said Directive should be codified. 

(cid:208) 2007/34/EC recital 1 (adapted) 

Directive  70/157/EEC  is  one  of  the  separate  Directives  of  the  ⌦ EC ⌫  type-
approval ⌦ system ⌫ ⌦ provided for ⌫ in Directive 2007/46/EC of the European 
Parliament and of the Council of 5 September 2007 establishing a framework for the 
approval of motor vehicles and their trailers, and of systems, components and separate 
technical units intended for such vehicles (Framework Directive)8 ⌦ and lays down 
technical prescriptions concerning the permissible sound level and the exhaust system 

5 
6 
7 
8 

OJ C […], […], p. […]. 
OJ L 42, 23.2.1970, p. 16. 
See Annex IV, Part A. 
OJ L 263, 9.10.2007, p. 1. 

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of motor vehicles. Those technical prescriptions concern the approximation of the laws 
of  the  Member  States  to  enable  the  EC  type-approval  procedure  provided  for  in 
Directive 2007/46/EC to be applied in respect of each type of vehicle. Consequently, 
⌫  the  provisions  ⌦ laid  down  in ⌫  Directive  2007/46/EC  relating  to  systems, 
components and separate technical units for vehicles apply to ⌦ this ⌫ Directive . 

(cid:208) 2007/34/EC recital 4 (adapted) 

(3)  ⌦ It  is  desirable ⌫  to  take  into  account  the ⌦ technical  requirements  adopted  by 
the UN Economic Commission for Europe ⌫ (UN/ECE) ⌦ in its corresponding ⌫ 
regulations  ⌦ annexed  to  the  Agreement  of  the  United  Nations  Economic 
Commission for Europe concerning the adoption of uniform technical prescriptions for 
wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled 
vehicles and the conditions for reciprocal recognition of approvals granted on the basis 
of these prescriptions (Revised 1958 Agreement)9 ⌫ . 

(4) 

This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating  to  the  time-limits  for  transposition  into  national  law  and  application  of  the 
Directives set out in Annex IV, Part B, 

(cid:208)  

(cid:208) 70/157/EEC 
(cid:206)1 96/20/EC Art. 1(1) 1st indent 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

For the purposes of this Directive, ‘vehicle’ means any motor vehicle intended for use on the 
road,  with  or  without  bodywork,  having  at  least  four  wheels  and  a  maximum  design  speed 
exceeding 25 kilometres per hour, with the exception of vehicles which run on (cid:206)1 rails and 
of agricultural and forestry tractors and all mobile machinery . 

(cid:208) 99/101/EC (adapted) 

Article 2 

1.  ⌦ If  vehicles  or  exhaust  systems  meet  the  requirements  of  this  Directive, ⌫  Member 
States may not, on grounds relating to the permissible sound level or the exhaust system: 

(a) 

refuse  to  grant  EC  type-approval  or  national  type-approval  in  respect  of  a  type  of 
vehicle or a type of exhaust system; ⌦ or ⌫ 

(b)  ⌦ refuse ⌫  the  registration  ⌦ or  prohibit  the ⌫  sale,  entry  into  service  ⌦ or 

use ⌫ of vehicles, or the sale or entry into service of exhaust systems. 

9 

Published as Annex I to Council Decision 97/836/EC (OJ L 346, 17.12.1997, p. 78). 

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2. ⌦ If the requirements of this Directive are not fulfilled ⌫ , ⌦ Member States shall, for a 
type of vehicle and for a type of exhaust system, ⌫ : 

(a)  ⌦ not ⌫ grant EC type-approval; ⌦ and ⌫ 

(b) 

refuse to grant national type-approval. 

3. Notwithstanding paragraph 2, for the purposes of replacement parts, Member States shall 
continue  to  grant  EC  type-approval  and  to  permit  the  sale  or  entry  into  service  of  exhaust 
systems  in  accordance  with  versions  of  Directive  70/157/EEC  ⌦ preceding  the  version 
resulting from the amendments introduced by Directive 1999/101/EC ⌫ , provided that such 
exhaust systems: 

(a) 

(b) 

are intended to be fitted to vehicles already in use; ⌦ and ⌫ 

comply  with  the  requirements  of  that  Directive  which  were  applicable  when  the 
vehicles were first registered. 

(cid:208) 81/334/EEC Art. 1(1) (adapted) 
(cid:206)1 96/20/EC Art. 1(1) 2nd indent 

Article 3 

No  Member  State  may,  on  grounds  relating  to  the  permissible  sound  level  ⌦ or ⌫  the 
exhaust  system,  refuse  to  grant  EC  or  national  type-approval  in  respect  of  a  component  of 
⌦ an exhaust ⌫ system regarded as a separate technical unit: 

(a) 

(b) 

if  the  vehicle  satisfies  the  requirements  of  Annex  I  as  regards  the  sound  level  and 
exhaust system; 

if  the  component  of  ⌦ an  exhaust  system ⌫  ,  considered  as  a  separate  technical 
unit  within  the  meaning  of  (cid:206)1 Article  3(25)   of  Directive  2007/46/EC,  satisfies 
the requirements of Annex II ⌦ to this Directive ⌫ . 

(cid:208) 81/334/EEC Art. 1(2) (adapted) 
(cid:206)1 96/20/EC Art. 1(1) 2nd indent 

Article 4 

1.  No  Member  State  may,  on  grounds  relating  to  the  permissible  sound  level ⌦ or ⌫  the 
exhaust  system,  prohibit  the  placing  on  the  market  of  any  component  of  ⌦ an  exhaust 
system ⌫ considered as a separate technical unit within the meaning of (cid:206)1 Article 3(25)  
of Directive 2007/46/EC if, within the meaning of Article 3 ⌦ of this Directive ⌫ , it is of a 
type in respect of which a type-approval has been granted. 

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2. Member States shall prohibit the initial entry into service  of motor vehicles of which the 
sound level ⌦ or ⌫ the exhaust systems do not comply with the requirements set out in this 
Directive. 

(cid:208) 92/97/EEC (adapted) 

(cid:208) 70/157/EEC (adapted) 
(cid:206)1 96/20/EC Art. 1(1) 3rd indent 
(cid:206)2 81/334/EEC Art. 1(3) 

Article 5 

The amendments necessary ⌦ to adapt ⌫ the requirements of (cid:206)1  Annexes I, II and III  
to  take  account  of  technical  progress,  with  the  exception  of  the  requirements  set  out  under 
(cid:206)2   points  2.1  and  2.2  of  Annex  I ,  shall  be  adopted  in  accordance  with  the  procedure 
⌦ referred to ⌫ in Article ⌦ 40(2) of Directive 2007/46/EC ⌫ . 

Member States shall ⌦ communicate to the Commission ⌫ the text of the main provisions 
of national law which they adopt in the field covered by this Directive . 

Article 6 

(cid:208)  

Article 7 

Directive 70/157/EEC as amended by the acts listed in Annex IV, Part A is repealed, without 
prejudice to the obligations of the Member States relating to the time-limits for transposition 
into national law and application of the Directives set out in Annex IV, Part B. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex V. 

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

Article 8 

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(cid:208) 70/157/EEC 

Article 9 

This Directive is addressed to the Member States. 

Done at […],  

For the European Parliament 
The President 

For the Council 
The President 

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(cid:208) 96/20/EC Art. 1(2) and Annex 
(adapted) 

List of Annexes 

ANNEX I: 

⌦ Provisions for ⌫ EC type-approval in respect of the sound level of a 
type of motor vehicle 

Appendix 1: 

Information document 

Appendix 2:  ⌦ Model ⌫ EC Type-approval certificate 

⌦ Addendum to EC type-approval certificate ⌫ 

ANNEX II: 

⌦ Administrative provisions for ⌫ EC type-approval of exhaust 
systems as separate technical units ⌦ (replacement exhaust systems) ⌫ 

Appendix 1: 

Information document 

Appendix 2:  ⌦ Model ⌫ EC Type-approval certificate 

⌦ Addendum to EC type-approval certificate ⌫   

Appendix 3:  Model for the EC type-approval mark 

ANNEX III: 

 ⌦ Technical requirements ⌫ 

ANNEX IV:  

 ⌦ Part A, Repealed Directive with list of its successive amendments / 
Part B, List of time-limits for transposition into national law and 
application ⌫ 

⌦ ANNEX V: ⌫  ⌦ Correlation table ⌫ 

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(cid:208) 2007/34/EC Art. 1(1)(a) and 
Annex I 

ANNEX I 

PROVISIONS FOR EC TYPE-APPROVAL IN RESPECT OF THE SOUND LEVEL 
OF A TYPE OF MOTOR VEHICLE 

1. 

APPLICATION FOR EC TYPE-APPROVAL OF A VEHICLE TYPE 

1.1. 

The  application  for  EC  type-approval  pursuant  to  Article  7(1)  and  (2)  of  Directive 
2007/46/EC of a vehicle type with regard to its sound level shall be submitted by the 
vehicle manufacturer. 

1.2. 

A model for the information document is given in Appendix 1. 

1.3. 

1.4. 

A vehicle representative of the type in respect of which type-approval is sought must 
be  submitted  to  the  technical  service  responsible  for  the  tests  by  the  vehicle 
manufacturer. 

At  the  request  of  the  technical  service,  a  specimen  of  the  exhaust  system  and  an 
engine of at least the same cylinder capacity and rated maximum power as that fitted 
to the vehicle in respect of which type-approval is sought must also be submitted. 

2. 

SOUND LEVEL OF MOVING VEHICLES 

2.1. 

Limiting values 

The sound level measured in accordance with the provisions of Annex III shall not 
exceed the following limits: 

Vehicle categories 

Values expressed 
in dB(A) 
(decibels(A)) 

2.1.1. 

2.1.2. 

Vehicles intended for the carriage of passengers, and comprising not 
more than nine seats including the driver's seat 

Vehicles  intended  for  the  carriage  of  passengers  and  equipped  with 
more  than  nine  seats,  including  the  driver's  seat;  and  having  a 
maximum permissible mass of more than 3,5 tonnes and: 

2.1.2.1.  with an engine power of less than 150 kW 

2.1.2.2.  with an engine power of not less than 150 kW 

2.1.3. 

Vehicles  intended  for  the  carriage  of  passengers  and  equipped  with 
more than nine seats, including the driver's seat; vehicles intended for 
the carriage of goods: 

2.1.3.1.  with a maximum permissible mass not exceeding 2 tonnes 

2.1.3.2.  with  a  maximum  permissible  mass  exceeding  2  tonnes  but  not 

exceeding 3,5 tonnes 

74 

78 

80 

76 

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2.1.4. 

Vehicles  intended  for  the  carriage  of  goods  and  having  a  maximum 
permissible mass exceeding 3,5 tonnes: 

2.1.4.1.  with an engine power of less than 75 kW 

2.1.4.2.  with an engine power of not less than 75 kW but less than 150 kW 

2.1.4.3.  with an engine power of not less than 150 kW 

77 

78 

80 

However 

– 

– 

– 

for  vehicles  of  categories  2.1.1  and  2.1.3,  the  limit  values  are  increased 
by 1 dB(A) if they are equipped with a direct injection diesel engine, 

for vehicles with a maximum permissible mass of over two tonnes designed for 
off-road use, the limit values are increased by 1 dB(A) if their engine power is 
less than 150 kW and 2 dB(A) if their engine power is 150 kW or more, 

for  vehicles  in  category  2.1.1,  equipped  with  a  manually  operated  gear  box 
having  more  than  four  forward  gears  and  with  an  engine  developing  a 
maximum  power  exceeding  140  kW/t  and  whose  maximum  power/maximum 
mass  ratio  exceeds  75  kW/t,  the  limit  values  are  increased  by  1  dB(A)  if  the 
speed at which the rear of the vehicle passes the line BB' in third gear is greater 
than 61 km/h. 

2.2. 

Interpretation of results 

2.2.1.  To  take  account  of  inaccuracies  in  the  measuring  instruments,  the  result  obtained 
from each measurement is determined by deducting 1 dB(A) from the meter reading. 

2.2.2.  The  measurements  are  considered  valid  if  the  difference  between  two  consecutive 

measurements on the same side of the vehicle does not exceed 2 dB(A). 

2.2.3.  The  highest  sound  level  measured  shall  constitute  the  test  result.  Should  the  result 
exceed  the  maximum  permissible  sound  level  for  the  category  of  vehicle  tested 
by 1 dB(A),  two  further  measurements  shall  be  made  at  the  corresponding 
microphone  position.  Three  of  the  four  measurements  thus  obtained  at  that 
microphone position must fall within the prescribed limits. 

3. 

MARKINGS 

3.1. 

The  exhaust  and  intake  system  components,  excluding  fixing  hardware  and  pipes, 
must bear: 

3.1.1. 

the trade mark or name of the manufacturer of the systems and their components; 

3.1.2. 

the manufacturer's trade description. 

3.2. 

These markings must be clearly legible and indelible, even when the system is fitted 
to the vehicle. 

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4. 

GRANTING OF EC TYPE-APPROVAL OF A VEHICLE TYPE 

4.1. 

If the relevant requirements are satisfied, EC type-approval pursuant to Article 9(3) 
and, if applicable, 10(4) of Directive 2007/46/EC shall be granted. 

4.2. 

A model for the EC type-approval certificate is given in Appendix 2. 

4.3. 

An approval number in accordance with Annex VII to Directive 2007/46/EC shall be 
assigned to each vehicle type approved. The same Member State shall not assign the 
same number to another vehicle type. 

5. 

MODIFICATIONS OF THE TYPE AND AMENDMENTS TO APPROVALS 

5.1. 

In  the  case  of  modifications  of  the  type  approved  pursuant  to  this  Directive,  the 
provisions  of  Articles  13  to  16  and  Article  17(4)  of  Directive  2007/46/EC  shall 
apply. 

6. 

CONFORMITY OF PRODUCTION 

6.1. 

Measures to ensure the conformity of production shall be taken in accordance with 
the requirements laid down in Article 12 of Directive 2007/46/EC. 

6.2. 

Special provisions: 

6.2.1.  The tests referred to in point 2.3.5 of Annex X to Directive 2007/46/EC are those laid 
down in  Annex 7 of UN/ECE Regulation No  51 as referred to in Annex III to this 
Directive. 

6.2.2.  The  frequency  of  inspections  referred  to  in  point  3  of  Annex  X  to  Directive 

2007/46/EC is normally one every two years. 

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Appendix 1 

Information document No […] pursuant to Annex I to Council Directive 2007/46/EC10 
relating to EC type-approval of a vehicle with respect to the permissible sound level and 
the exhaust system (Directive […/…/…]) 

The following  information,  if  applicable, must be supplied in triplicate and include a list of 
contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size 
A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail. 

If  the  systems,  components  or  separate  technical  units  have  electronic  controls,  information 
concerning their performance must be supplied. 

0. 

General 

0.1. 

Make (trade name of manufacturer): 

0.2. 

Type and general commercial description(s): 

0.3. 

Means of identification of type, if marked on the vehicle (b): 

0.3.1.  Location of that marking: 

0.4. 

Category of vehicle (c): 

0.5. 

Name and address of manufacturer: 

0.8. 

Address(es) of assembly plant(s): 

1. 

General construction characteristics of the vehicle 

1.1. 

Photographs and/or drawings of a representative vehicle: 

1.3.3.  Powered axles (number, position, interconnection): 

1.6. 

Position and arrangement of the engine: 

2. 

Masses and dimensions (e) (in kg and mm) (Refer to drawing where applicable) 

2.4. 

Range of vehicle dimensions (overall) 

2.4.1.  For chassis without bodywork 

2.4.1.1.  Length (j): 

2.4.1.2.  Width (k): 

2.4.2.  For chassis with bodywork 

10 

The  item  numbers  and  footnotes  used  in  this  information  document  correspond  to  those  set  out  in 
Annex I to Directive 2007/46/EC. Items not relevant for the purpose of this Directive are omitted. 

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2.4.2.1.  Length (j): 

2.4.2.2.  Width (k): 

2.6. 

Mass of the vehicle with bodywork in running order, or mass of the chassis with cab 
if  the  manufacturer  does  not  fit  the  bodywork  (with  standard  equipment,  including 
coolant, oils, fuel, tools, spare wheel and driver) (o) (maximum and minimum): 

3. 

Power plant (q) 

3.1. 

Manufacturer: 

3.1.1.  Manufacturer's  engine  code:  (As  marked  on  the  engine,  or  other  means  of 

identification) 

3.2. 

Internal combustion engine 

3.2.1.1.  Working principle: positive ignition/compression ignition, four stroke/two stroke11 

3.2.1.2.  Number and arrangement of cylinders: 

3.2.1.2.3. 

Firing order: 

3.2.1.3.  Engine capacity (s): … cm3 

3.2.1.8.  Maximum net power (t): … kW at … min–1 (manufacturer's declared value) 

3.2.4.  Fuel feed 

3.2.4.1.  By carburettor(s): yes/no12 

3.2.4.1.2. 

Type(s): 

3.2.4.1.3. 

Number fitted: 

3.2.4.2.  By fuel injection (compression ignition only): yes/no13 

3.2.4.2.2. 

Working principle: Direct injection/pre-chamber/swirl chamber14 

3.2.4.2.4. 

Governor 

3.2.4.2.4.1.  Type: 

3.2.4.2.4.2.1.  Cut-off point under load: … min–1 

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12 
13 
14 

Delete as applicable. 
Delete as applicable. 
Delete as applicable. 
Delete as applicable. 

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3.2.4.3.  By fuel injection (positive ignition only): yes/no15 

3.2.4.3.1. 

Working 

principle: 

injection/other (specify)17 

Intake  manifold 

(single-/multi-point16)/direct 

3.2.8. 

Intake system 

3.2.8.4.2. 

Air filter, drawings; or 

3.2.8.4.2.1.  Make(s): 

3.2.8.4.2.2.  Type(s): 

3.2.8.4.3. 

Intake silencer, drawings; or 

3.2.8.4.3.1.  Make(s): 

3.2.8.4.3.2.  Type(s): 

3.2.9.  Exhaust system 

3.2.9.2.  Description and/or drawing of the exhaust system: 

3.2.9.4.  Exhaust silencer(s): 

For  front,  centre,  rear  silencer:  construction,  type,  marking,  where  relevant  for 
exterior noise: reducing measures in the engine compartment and on the engine: 

3.2.9.5.  Location of the exhaust outlet: 

3.2.9.6.  Exhaust silencer containing fibrous materials: 

3.2.12.2.1. 

Catalytic convertor: yes/no18 

3.2.12.2.1.1.  Number of catalytic convertors and elements: 

3.3. 

Electric motor 

3.3.1.  Type (winding, excitation): 

3.3.1.1.  Maximum hourly output: … kW 

3.3.1.2.  Operating voltage: … V 

3.4. 

Other  engines  or  motors  or  combinations thereof (particulars  regarding the parts of 
such engines or motors): 

15 
16 
17 
18 

Delete as applicable. 
Delete as applicable. 
Delete as applicable. 
Delete as applicable. 

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4. 

Transmission (v) 

4.2. 

Type (mechanical, hydraulic, electric, etc.): 

Internal gearbox ratios 
(ratios of engine to gearbox 
output shaft revolutions) 

Final drive ratio(s) 
(ratio of gearbox output 
shaft to driven wheel 
revolutions) 

Total gear ratios 

4.6. 

Gear ratios 

Gear 

Maximum for CVT19 

1 

2 

3 

… 

Minimum for CVT20 

Reverse 

4.7. 

Maximum vehicle speed (and gear in which this is achieved) (in km/h) (w): 

6. 

Suspension 

6.6. 

Tyres and wheels 

6.6.2.  Upper and lower limits of rolling radii 

6.6.2.1.  Axle 1: 

6.6.2.2.  Axle 2: 

6.6.2.3.  Axle 3: 

6.6.2.4.  Axle 4: 

etc. 

9. 

Bodywork (not applicable for vehicles of category M1) 

9.1. 

Type of bodywork: 

9.2. 

Materials used and method of construction 

19 
20 

Continuously variable transmission. 
Continuously variable transmission. 

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12. 

Miscellaneous 

12.5.  Details of any non-engine devices designed to reduce noise (if not covered by other 

points ): 

Additional information in the case of off-road vehicles: 

1.3. 

Number of axles and wheels: 

2.4.1.  For chassis without bodywork 

2.4.1.4.1. 

Approach angle (na): … degrees 

2.4.1.5.1. 

Departure angle (nb): … degrees 

2.4.1.6.  Ground  clearance  (as  defined  in  point  4.5  of  section  A  of  Annex  II  to  Directive  

2007/46/EC) 

2.4.1.6.1. 

Between the axles: 

2.4.1.6.2. 

Under the front axle(s): 

2.4.1.6.3. 

Under the rear axle(s): 

2.4.1.7.  Ramp angle (nc): … degrees 

2.4.2.  For chassis with bodywork 

2.4.2.4.1. 

Approach angle (na): … degrees 

2.4.2.5.1. 

Departure angle (nb): … degrees 

2.4.2.6.  Ground  clearance  (as  defined  in  point  4.5  of  section  A  of  Annex  II  to  Directive  

2007/46/EC) 

2.4.2.6.1. 

Between the axles: 

2.4.2.6.2. 

Under the front axle(s): 

2.4.2.6.3. 

Under the rear axle(s): 

2.4.2.7.  Ramp angle (nc): … degrees 

2.15.  Hill-starting ability (solo vehicle): … percent 

4.9. 

Differential lock: yes/no/optional21 

Date, File 

___________ 

21 

Delete as applicable. 

EN 

17 

   EN 

                                                 
Appendix 2 

MODEL 

EC TYPE-APPROVAL CERTIFICATE 

(Maximum Format: A4 (210 × 297 mm)) 

Stamp of administration 

Communication concerning the 

– 

– 

– 

– 

type-approval22 

extension of type-approval23 

refusal of type-approval24 

withdrawal of type-approval25 

a 

of 
Directive […/…/EEC], as last amended by Directive […/…/EC]. 

a  vehicle/component/separate 

type  of 

technical  unit26  with 

regard 

to 

Type-approval number: 

Reason for extension: 

SECTION I 

0.1. 

Make (trade name of manufacturer): 

0.2. 

Type and general commercial description(s): 

0.3. 

Means  of  identification  of  type  if  marked  on  the  vehicle/component/separate 
technical unit27 28 

0.3.1.  Location of that marking. 

0.4. 

Category of vehicle29: 

0.5. 

Name and address of manufacturer: 

22 
23 
24 
25 
26 
27 
28 

29 

Delete as applicable. 
Delete as applicable. 
Delete as applicable. 
Delete as applicable. 
Delete as applicable. 
Delete as applicable. 
If the means of identification of type contains characters not relevant to describe the vehicle, component 
or  separate  technical  unit  types  covered  by  the  type-approval  certificate  such  characters  shall  be 
represented in the documentation by the symbol: ‘?’ (e.g. ABC??123??). 
As defined in section (A) of Annex II to Directive 2007/46/EC. 

EN 

18 

   EN 

                                                 
0.7. 

In  the  case  of  components  and  separate  technical  units,  location  and  method  of 
affixing of the EC approval mark: 

0.8. 

Address(es) of assembly plant(s) 

SECTION II 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

Additional information (where applicable): See Addendum 

Technical service responsible for carrying out the tests: 

Date of test report: 

Number of test report: 

Remarks (if any): See Addendum 

Place: 

Date: 

Signature: 

The index to the information package lodged with the approval authority, which may 
be obtained on request, is attached. 

___________ 

EN 

19 

   EN 

Addendum to EC type-approval certificate No […] 

concerning the type-approval of a vehicle with regard to Directive […/…/…] 

1. 

Additional information: 

1.1. 

If necessary, list of vehicles covered by point 3.1.2.3.2.3. of Annex III of UN/ECE 
Regulation No 51: 

1.2. 

Engine 

1.2.1.  Manufacturer: 

1.2.2.  Type: 

1.2.3.  Model: 

1.2.4.  Rated maximum power … kW at … min–1 

1.3. 

Transmission: non-automatic gearbox/automatic gearbox30 

1.3.1.  Number of gears: 

1.4. 

Equipment 

1.4.1.  Exhaust silencer: 

1.4.1.1.  Manufacturer: 

1.4.1.2.  Model: 

1.4.1.3.  Type: … in accordance with drawing No: … 

1.4.2. 

Intake silencer 

1.4.2.1.  Manufacturer: 

1.4.2.2.  Model: 

1.4.2.3.  Type: … in accordance with drawing No: … 

1.5. 

Tyre size: 

1.5.1.  Description of tyre type used for type-approval testing: 

30 

Delete as applicable. 

EN 

20 

   EN 

                                                 
1.6. 

Measurements 

1.6.1.  Sound level of moving vehicle: 

Measurement results 

Left-hand side 
dB(A)31 

Right-hand side 
dB(A)32 

Position of gear lever 

first measurement 

second measurement 

third measurement 

fourth measurement 

Test result: … dB(A)/E33 

1.6.2.  Sound level of stationary vehicle: 

first measurement 

second measurement 

third measurement 

Test result: … dB(A)/E34 

Measurement results 

dB(A) 

Engine 

31 

32 

33 
34 

The measurement values are given with the 1 dB(A) deduction in accordance with provisions of point 
2.2.1 of Annex I. 
The measurement values are given with the 1 dB(A) deduction in accordance with provisions of point 
2.2.1 of Annex I. 
‘E’ indicates that the measurements in question were conducted in accordance with this Directive. 
‘E’ indicates that the measurements in question were conducted in accordance with this Directive. 

EN 

21 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
1.6.3.  Sound level of compressed air noise: 

Measurement results 

Left-hand side 
dB(A)35 

Right-hand side 
dB(A)36 

first measurement 

second measurement 

third measurement 

fourth measurement 

Test result: … dB(A) 

5. 

Remarks: 

_____________ 

35 

36 

The measurement values are given with the 1 dB(A) deduction in accordance with provision of point 
2.2.1 of Annex I. 
The measurement values are given with the 1 dB(A) deduction in accordance with provision of point 
2.2.1 of Annex I. 

EN 

22 

   EN 

 
 
 
 
 
 
 
 
 
                                                 
(cid:208) 2007/34/EC Art. 1(1)(b) and 
Annex II (adapted) 

ANNEX II 

ADMINISTRATIVE PROVISIONS FOR EC TYPE-APPROVAL OF EXHAUST 
SYSTEMS AS SEPARATE TECHNICAL UNITS (REPLACEMENT EXHAUST 
SYSTEMS) 

1. 

APPLICATION FOR EC TYPE-APPROVAL 

1.1. 

The  application  for  EC  type-approval  pursuant  to  Article  7(1)  and  (2)  of  Directive 
2007/46/EC  in  respect  of  a  replacement  exhaust  system  or  component  thereof  as  a 
separate  technical  unit  shall  be  submitted  by  the  vehicle  manufacturer  or  the 
manufacturer of the separate technical unit in question. 

1.2. 

A model for the information document is given in Appendix 1. 

1.3. 

At the request of the technical service concerned, the applicant must submit: 

1.3.1. 

two examples of the system in respect of which application for EC type-approval has 
been made, 

1.3.2. 

an exhaust system of the type originally fitted to the vehicle when EC type-approval 
was granted, 

1.3.3. 

a vehicle representative of the type to which the system is to be fitted, which meets 
the requirements of point 4.1 of Annex 7 of UN/ECE Regulation No 51 as referred to 
in Annex III to this Directive. 

1.3.4. 

a separate engine corresponding to the type of vehicle described above. 

2. 

MARKINGS 

2.4.1.  The  replacement  exhaust  system  or  its  components,  excluding  fixing  hardware  and 

pipes must bear: 

2.4.1.1.  the trademark or trade name of the manufacturer of the replacement system and its 

components, 

2.4.1.2.  the manufacturer's trade description, 

2.4.2.  These marks must be clearly legible and indelible, even when the system is fitted to 

the vehicle. 

3. 

GRANTING OF EC TYPE-APPROVAL 

3.1. 

If the relevant requirements are satisfied, EC type-approval pursuant to Article 9(3) 
and, if applicable, Article 10(4) of Directive 2007/46/EC shall be granted. 

3.2. 

A model for the EC type-approval certificate is given in Appendix 2. 

EN 

23 

   EN 

 
3.3. 

A  type-approval  number  in  accordance  with  Annex  VII  to  Directive  2007/46/EC 
shall be assigned to each type of replacement exhaust system or component thereof 
approved  as  a  separate  technical  unit;  section  3  of  the  type-approval  number  shall 
indicate the number of the amending Directive which was applicable at the time of 
the vehicle type-approval. The same Member State shall not assign the same number 
to another type of replacement exhaust system or component thereof. 

4. 

EC TYPE-APPROVAL MARK 

4.1. 

4.2. 

Every replacement exhaust system or component thereof, excluding fixing hardware 
and pipes, conforming to a type approved under this Directive shall bear an EC type-
approval mark. 

The EC type-approval mark shall consist of a rectangle surrounding the lower case 
letter  ‘e’  followed  by  the  distinguishing  number  of  the  Member  State  which  has 
granted the approval: 

‘1’ for Germany 

‘2’ for France 

‘3’ for Italy 

‘4’ for the Netherlands 

‘5’ for Sweden 

‘6’ for Belgium 

‘7’ for Hungary 

‘8’ for the Czech Republic 

‘9’ for Spain 

‘11’ for the United Kingdom 

‘12’ for Austria 

‘13’ for Luxembourg 

‘17’ for Finland 

‘18’ for Denmark 

‘19’ for Romania 

‘20’ for Poland 

‘21’ for Portugal 

‘23’ for Greece 

‘24’ for Ireland 

‘26’ for Slovenia 

EN 

24 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
‘27’ for Slovakia 

‘29’ for Estonia 

‘32’ for Latvia 

‘34’ for Bulgaria 

‘36’ for Lithuania 

‘49’ for Cyprus 

‘50’ for Malta 

It  must  also  include  in  the  vicinity  of  the  rectangle  the  ‘base  approval  number’ 
contained  in  section  4  of  the  type-approval  number  referred  to  in  Annex  VII  to 
Directive 2007/46/EC, preceded by the two figures indicating the sequence number 
assigned  to  the  most  recent  major  technical  amendment  to  Directive  70/157/EEC 
which  was  applicable  at  the  time  of  the  vehicle  type-approval.  For  Directive 
70/157/EEC,  the  sequence  number  is  00;  for  Directive  77/212/EEC  the  sequence 
number  is  01;  for  Directive  84/424/EEC  the  sequence  number  is  02;  for  Directive 
92/97/EEC and Directive ⌦ 2007/34/EC ⌫ the sequence number is 03. Sequence 
number 03 reflects as well the technical requirements of the 00 series of amendments 
of UN/ECE Regulation No 59. 

4.3. 

The mark must be clearly legible and indelible even when the replacement exhaust 
system or component thereof is fitted to the vehicle. 

4.4. 

An example of the EC type-approval mark is shown in Appendix 3. 

5. 

MODIFICATION OF THE TYPE AND AMENDMENTS TO APPROVALS 

5.1. 

In  the  case  of  modifications  of  the  type  approved  pursuant  to  this  Directive,  the 
provisions  of  Articles  13  to  16  and  Article  17(4)  of  Directive  2007/46/EC  shall 
apply. 

6. 

CONFORMITY OF PRODUCTION 

6.1. 

Measures to ensure the conformity of production shall be taken in accordance with 
the requirements laid down in Article 12 to Directive 2007/46/EC. 

6.2. 

Special provisions: 

6.2.1.  The  tests  referred  to  point  2.3.5  of  Annex  X  to  Directive  2007/46/EC  are  those 
prescribed in Annex 5 of UN/ECE Regulation No 59 as referred to in Annex III to 
this Directive. 

6.2.2.  The  frequency  of  inspections  referred  to  in  point  3  of  Annex  X  to  Directive  

2007/46/EC is normally one every two years. 

_____________ 

EN 

25 

   EN 

 
 
 
 
 
 
 
Appendix 1 

Information Document No […] relating to EC type-approval as separate technical unit 
of exhaust systems for motor vehicles (Directive […/…/…]) 

The following  information,  if  applicable, must be supplied in triplicate and include a list of 
contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size 
A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail. 

If  the  systems,  components  or  separate  technical  units  have  electronic  controls,  information 
concerning their performance must be supplied. 

0. 

General 

0.1. 

0.2. 

0.5. 

0.7. 

Make (trade name of manufacturer): 

Type and general commercial description(s): 

Name and address of manufacturer: 

In  the  case  of  components  and  separate  technical  units,  location  and  method  of 
affixing of the EC approval mark: 

0.8. 

Address(es) of assembly plant(s): 

1. 

1.1. 

1.2. 

1.3. 

1.4. 

1.5. 

1.6. 

Description  of  the  vehicle  for  which  the  device  is  intended  (if  the  device  is 
intended  to  be  fitted  to  more  than  one  vehicle  type  the  information  requested 
under this point shall be supplied for each type concerned) 

Make (trade name of manufacturer): 

Type and general commercial description(s): 

Means of identification of type, if marked on the vehicle: 

Category of vehicle: 

EC type-approval number with regard to sound level: 

All  the  information  mentioned  in  points  1.1  to  1.5  of  the  type-approval  certificate 
concerning the vehicle (Annex I, Appendix 2 to this Directive): 

2. 

Description of the device 

2.1. 

2.2. 

A  description  of  the  replacement  exhaust  system  indicating  the  relative  position  of 
each system component, together with mounting instructions: 

Detailed  drawings  of  each  component,  so  that  they  can  be  easily  located  and 
identified,  and  reference  to  the  materials  used.  These  drawings  must  indicate  the 
place provided for the compulsory affixing of the EC type-approval mark: 

Date, File 

EN 

_____________ 

26 

   EN 

Appendix 2 

MODEL 

EC TYPE-APPROVAL CERTIFICATE 

(Maximum Format: A4 (210 × 297 mm)) 

Stamp of administration 

Communication concerning the 

– 

– 

– 

– 

type-approval37 

extension of type-approval38 

refusal of type-approval39 

withdrawal of type-approval40 

a 

of 
Directive […/…/EEC], as last amended by Directive […/…/EC]. 

a  vehicle/component/separate 

type  of 

technical  unit41  with 

regard 

to 

Type-approval number: 

Reason for extension: 

SECTION I 

0.1. 

Make (trade name of manufacturer): 

0.2. 

Type and general commercial description(s): 

0.3. 

Means  of  identification  of  type  if  marked  on  the  vehicle/component/separate 
technical unit42 43: 

0.3.1.  Location of that marking: 

0.4. 

Category of vehicle44: 

0.5. 

Name and address of manufacturer: 

37 
38 
39 
40 
41 
42 
43 

44 

Delete as applicable. 
Delete as applicable. 
Delete as applicable. 
Delete as applicable. 
Delete as applicable. 
Delete as applicable. 
If the means of identification of type contains characters not relevant to describe the vehicle, component 
or  separate  technical  unit  types  covered  by  the  type-approval  certificate  such  characters  shall  be 
represented in the documentation by the symbol: ‘?’ (e.g. ABC??123??). 
As defined in section (A) of Annex II to Directive 2007/46/EC. 

EN 

27 

   EN 

                                                 
0.7. 

In  the  case  of  components  and  separate  technical  units,  location  and  method  of 
affixing of the EC approval mark: 

0.8. 

Address(es) of assembly plant(s): 

SECTION II 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

Additional information (where applicable): See Addendum 

Technical service responsible for carrying out the tests: 

Date of test report: 

Number of test report: 

Remarks (if any): See Addendum 

Place: 

Date: 

Signature: 

The index to the information package lodged with the approval authority, which may 
be obtained on request, is attached. 

_____________ 

EN 

28 

   EN 

Addendum to EC type-approval certificate No […] 

concerning the separate technical unit type-approval of exhaust systems for motor 
vehicles with regard to Directive […/…/…] 

1. 

Additional information 

1.1. 

Composition of the separate technical unit: 

1.2. 

Trademark or trade name of the type(s) of motor vehicle to which the silencer is to 
be fitted45 

1.3. 

Type(s) of vehicle and its/their type-approval number(s): 

1.4. 

Engine 

1.4.1.  Type (positive ignition, diesel): 

1.4.2.  Cycles: two-stroke, four-stroke: 

1.4.3.  Total cylinder capacity: 

1.4.4.  Rated maximum engine power … kW at … min–1 

1.5. 

Number of gear ratios: 

1.6. 

Gear ratios employed: 

1.7. 

Drive-axle ratios(s): 

1.8. 

Sound-level values: 

moving vehicle: … dB(A), speed stabilised before acceleration at … km/h; 

stationary vehicle: … dB(A), at … min–1 

1.9. 

Value of the back pressure: 

1.10.  Any restrictions in respect of use and mounting requirements: 

2. 

Remarks: 

_____________ 

45 

If several types are indicated, points 1.3 to 1.10 inclusive must be completed in respect of each type. 

EN 

29 

   EN 

                                                 
Appendix 3 

Model for the EC type-approval mark 

The  exhaust  system  or  component  thereof  bearing  the  above  EC  type-approval  mark  is  a 
device which has been approved in Spain (e 9) pursuant to Directive 92/97/EEC (03) under 
the base approval number 0148. 

The figures used are only indicative. 

_____________ 

EN 

30 

   EN 

 
(cid:208) 2007/34/EC Art. 1(1)(c) and 
Annex III (adapted) 

ANNEX III 

⌦ TECHNICAL REQUIREMENTS ⌫ 

1. 

The technical requirements are those set out in: 

(a) 

points 2, 6.1, 6.2.1 and 6.3 of UN/ECE Regulation No 5146 and Annexes 3 to 
10 thereto; 

(b)  points 2 and 6 of UN/ECE Regulation No 5947 and Annexes 3 to 5 thereto. 

2. 

For  the  purposes  of  the  application  of  the  provisions  referred  to  in  point  1,  the 
following shall apply: 

(a) 

(b) 

(c) 

(d) 

(e) 

‘Unladen vehicle’ means a vehicle the mass of which is described in point 2.6 
of Appendix 1 of Annex I to this Directive, without driver; 

‘Communication form’ shall be understood as type-approval-certificate set out 
in Appendix 2 of Annexes I and II; 

‘Contracting  Parties  to  the  respective  regulations’  shall  be  understood  as 
Member States; 

references  to  Regulation  No  51  and  Regulation  No  59  shall  be  construed  as 
references to Directive […/…/…]; 

footnote 1 in point 2.2.6 shall be understood as follows: ‘For definitions of the 
categories, see Annex II A to Directive 2007/46/EC’. 

_____________ 

46 
47 

OJ L 137, 30.5.2007, p. 68. 
OJ L 326, 24.11.2006, p. 43. 

EN 

31 

   EN 

 
                                                 
(cid:207) 

ANNEX IV 

Part A 

Repealed Directive with list of its successive amendments  
(referred to in Article 7) 

Council Directive 70/157/EEC 
(OJ L 42, 23.2.1970, p. 16) 

Point X.3 of Annex I to the 1972 Act of Accession 
(OJ L 73, 27.3.1972, p. 14) 

Commission Directive 73/350/EEC 
(OJ L 321, 22.11.1973, p. 33) 

Council Directive 77/212/EEC 
(OJ L 66, 12.3.1977, p. 33) 

Commission Directive 81/334/EEC 
(OJ L 131, 18.5.1981, p. 6) 

Commission Directive 84/372/EEC 
(OJ L 196, 26.7.1984, p. 47) 

Council Directive 84/424/EEC 
(OJ L 238, 6.9.1984, p. 31) 

Point IX.4 of Annex I to the 1985 Act of Accession 
(OJ L 302, 15.11.1985, p. 23) 

Council Directive 87/354/EEC 
(OJ L 192, 11.7.1987, p. 43) 

only Point 1 of the Annex 

Commission Directive 89/491/EEC 
(OJ L 238, 15.8.1989, p. 43) 

only the first indent of Article 1 
and Annex I 

Council Directive 92/97/EEC 
(OJ L 371, 19.12.1992, p. 1) 

Point XI.C.I.2 of Annex I to the 1994 Act of 
Accession 
(OJ C 241, 29.8.1994, p. 21) 

Commission Directive 96/20/EC 
(OJ L 92, 13.4.1996, p. 23) 

Commission Directive 1999/101/EC 
(OJ L 334, 28.12.1999, p. 41) 

EN 

32 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
Point 1.A.2 of Annex II to the 2003 Act of Accession 
(OJ L 236, 23.9.2003, p. 56) 

Council Directive 2006/96/EC 
(OJ L 363, 20.12.2006, p. 81) 

Commission Directive 2007/34/EC 
(OJ L 155, 15.6.2007, p. 49) 

Part B 

only Point A.2 of the Annex 

List of time-limits for transposition into national law and application 
(referred to in Article 7) 

Directive 

Time-limit for transposition 

Date of application 

70/157/EEC 

73/350/EEC 

77/212/EEC 

81/334/EEC 

84/372/EEC 

84/424/EEC 

87/354/EEC 

89/491/EEC 

92/97/EEC 

96/20/EC 

1999/101/EC 

2006/96/EC 

2007/34/EC 

10 August 1971 

28 February 1974(1) 

1 April 1977(2) 

1 January 1982(3) 

30 September 1984(4) 

31 December 1984(5) 

31 December 1987 

1 January 1990 

30 June 1993(6) 

30 September 1996(7) 

___ 

___ 

___ 

___ 

___ 

___ 

___ 

___ 

___ 

___ 

31 March 2000(8) 

1 April 2000 

31 December 2006 

___ 

5 July 2008 

6 July 2008 

_______________________ 
(1) In conformity with Article 2(1), (2) and (3) of Directive 73/350/EEC: 

"1. With effect from 1 March 1974 the Member States shall not, on grounds relating to the permissible sound 
level and the exhaust system: 

– 

– 

EN 

refuse EEC type-approval, or the delivery of the document referred to in Article 10 (1), second indent, 
of the Council Directive of 6 February 1970 (70/156/EEC) or the national type-approval for any type 
of motor vehicle 

or prohibit the entry into service of vehicles, 

33 

   EN 

 
 
if the sound level and the exhaust system of this type of vehicle or of these vehicles comply with the provisions 
of the Council Directive of 6 February 1970 (70/157/EEC) as last amended by this Directive. 

2. With effect from 1 October 1974 the Member States: 

– 

– 

shall no longer issue the document envisaged in Article 10 (1), second indent, of the Council Directive 
of  6  February  1970  (70/156/EEC)  for  a  type  of  vehicle  the  sound  level  and  the  exhaust  system  of 
which do not comply with the provisions of the Council Directive of 6 February 1970 (70/157/EEC) 
as last amended by this Directive, 

may refuse the national type-approval of a type of vehicle the sound level and the exhaust system of 
which do not comply with the provisions of the Council Directive of 6 February 1970 (70/157/EEC) 
as last amended by this Directive. 

3. With effect from 1 October 1975 the Member States may prohibit the first entry into service of vehicles the 
sound  level  and  exhaust  system  of  which  do  not  comply  with  the  provisions  of  the  Council  Directive  of  6 
February 1970 (70/157/EEC) as last amended by this Directive." 

(2) In conformity with Article 2 of Directive 77/212/EEC: 

"1. With effect from 1 April 1977, no Member State shall, on grounds relating to the noise level and the exhaust 
system: 

– 

– 

refuse  EEC  type-approval,  or  issue  of  the  document  referred  to  in  Article  10  (1),  third  indent,  of 
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,  as  amended  by  the  Act  of 
Accession, or national type-approval for any type of motor vehicle, 

or prohibit the initial entry into service of vehicles, 

if the noise level and the exhaust system of such type of vehicle or vehicles satisfy the requirements of Directive 
70/157/EEC, as amended by the present Directive. 

2. With effect from 1 April 1980, Member States: 

– 

– 

shall  no  longer  issue  the  document  provided  for  in  Article  10  (1),  third  indent,  of  Directive 
70/156/EEC  for  a  type  of  vehicle  whose  noise  level  and  exhaust  system  do  not  satisfy  the 
requirements of Directive 70/157/EEC, as amended by the present Directive, 

may refuse national type-approval for a type of vehicle whose noise level and exhaust system do not 
satisfy the requirements of Directive 70/157/EEC, as amended by the present Directive. 

However,  for  vehicles  in  category  I.1.6  as  shown  in  the  table  in  Article  1,  the  date  ‘1  April  1980’  shall  be 
replaced by the date ‘1 April 1982’. 

3. With effect from 1 October 1982, Member States may prohibit the initial entry into service of vehicles whose 
noise  level  and  exhaust  system  do  not  satisfy  the  requirements  of  Directive  70/157/EEC,  as  amended  by  the 
present Directive." 

(3) In conformity with Article 2 of Directive 81/334/EEC: 

"1. With effect from 1 January 1982, no Member State may, on grounds relating to the permissible sound level 
and the exhaust system: 

– 

– 

EN 

refuse to grant EEC type-approval, to issue the document referred to in the last indent of Article 10 (1) 
of Directive 70/156/EEC or to grant national type-approval, in respect of a type of motor vehicle, or 

prohibit the entry into service of vehicles, 

34 

   EN 

if  the  sound  level  and  the  exhaust  system  of  this  type  of  vehicle,  or  the  vehicles  concerned,  comply  with  the 
provisions of Directive 70/157/EEC, as amended by the present Directive. 

2. With effect from 1 October 1984, a Member State: 

– 

– 

shall  no  longer  issue  the  document  referred  to  in  the  last  indent  of  Article  10  (1)  of  Directive 
70/156/EEC in respect of a type of motor vehicle in which the sound level and exhaust system do not 
comply with the provisions of Directive 70/157/EEC, as amended by the present Directive, 

may refuse to grant national type-approval in respect of a type of motor vehicle in which the sound 
level and exhaust system do not comply with the provisions of Directive 70/157/EEC, as amended by 
the present Directive. 

3. With effect from 1 October 1985, Member States may prohibit the entry into service of vehicles in which the 
sound level and exhaust system do not comply with the provisions of Directive 70/157/EEC, as amended by the 
present Directive." 

(4) In conformity with Article 2 of Directive 84/372/EEC: 

"1. With effect from 1 October 1984, Member States shall not, on grounds relating to the permissible sound level 
and the exhaust system: 

– 

– 

refuse,  in  respect  of  a  type  of  motor  vehicle,  to  grant  EEC  type-approval,  to  issue  the  document 
referred  to  in  the  last  indent  of  Article  10  (1)  of  Directive  70/156/EEC,  or  to  grant  national  type-
approval, or 

prohibit the entry into service of such vehicles, 

if  the  sound  level  and  the  exhaust  system  of  this  type  of  vehicle  or  of  the  vehicles  concerned  conform  to  the 
provisions of Directive 70/157/EEC, as amended by this Directive. 

2. With effect from 1 October 1985, Member States: 

– 

– 

may  no  longer  issue  the  document  referred  to  in  the  last  indent  of  Article  10  (1)  of  Directive 
70/156/EEC in respect of a type of motor vehicle of which the sound level and exhaust system do not 
comply with the provisions of Directive 70/157/EEC, as amended by this Directive, 

may refuse to grant national type-approval in respect of a type of motor vehicle of which the sound 
level and exhaust system do not comply with the provisions of Directive 70/157/EEC, as amended by 
this Directive. 

3. With effect from 1 October 1986, Member States may prohibit the entry into service of vehicles of which the 
sound level and exhaust system do not comply with the provisions of Directive 70/157/EEC, as amended by this 
Directive." 

(5) In conformity with Article 2 of Directive 84/424/EEC: 

"1. With effect from 1 January 1985, Member States may not, on grounds relating to the permissible sound level 
and the exhaust system: 

– 

refuse,  in  respect  of  a  type  of  motor  vehicle,  to  grant  EEC  type-approval,  to  issue  the  document 
referred to in the third indent of Article 10 (1) of 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, as last amended by Directive 80/1267/EEC, or to grant national type-approval, or 

– 

prohibit the entry into service of vehicles, 

if the sound level and the exhaust system of this type of vehicle or of these vehicles comply with the provisions 
of Directive 70/157/EEC as amended by this Directive. 

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35 

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2. With effect from 1 October 1988, Member States: 

– 

– 

may  no  longer  issue  the  document  referred  to  in  the  third  indent  of  Article  10  (1)  of  Directive 
70/156/EEC in respect of a type of motor vehicle of which the sound level and the exhaust system do 
not comply with the requirements of Directive 70/157/EEC as amended by this Directive, 

may refuse to grant national type-approval in respect of a type of motor vehicle of which the sound 
level  and  the  exhaust  system  do  not  comply  with  the  requirements  of  Directive  70/157/EEC  as 
amended by this Directive. 

However, for vehicles in category 5.2.2.1.3 as defined in Article 1 which are equipped with diesel engines and 
for vehicles in category 5.2.2.1.4, ‘1 October 1988’ is replaced by ‘1 October 1989’. 

3. With effect from 1 October 1989, Member States may prohibit the entry into service of vehicles of which the 
sound level and exhaust system do not comply with the requirements of Directive 70/157/EEC, as amended by 
this Directive. 

However, for vehicles in category 5.2.2.1.3 as defined in Article 1 which are equipped with diesel engines and 
for vehicles in category 5.2.2.1.4, ‘1 October 1989’ is replaced by ‘1 October 1990’." 

(6) (a) In conformity with Article 2 of Directive 92/97/EEC: 

"1. With effect from 1 July 1993, Member States may not, on grounds relating to the permissible sound level and 
the exhaust system: 

– 

refuse,  in  respect  of  a  type  of  motor  vehicle,  to  grant  EEC  type-approval,  to  issue  the  document 
referred  to  in  the  last  indent  of  Article  10  (1)  of  Directive  70/156/EEC,  or  to  grant  national  type-
approval, 

or 

– 

prohibit the initial entry into service of vehicles, 

if  the  sound  level  and  the  exhaust  system  of  this  type  of  vehicle  or  of  these  vehicles  comply  with  the 
requirements of Directive 70/157/EEC as amended by this Directive. 

2. With effect from 1 October 1995, Member States: 

– 

– 

may no longer grant EEC type-approval or issue the document referred to in the last indent of Article 
10 (1) of Directive 70/156/EEC in respect of a type of motor vehicle, 

must refuse to grant national type-approval in respect of a type of motor vehicle, 

of which the sound level and the exhaust system do not comply with the requirements set out in the Annexes to 
Directive 70/157/EEC as amended by this Directive. 

3. With effect from 1 October 1996, Member States shall prohibit the initial entry into service of motor vehicles 
of which the sound level and the exhaust systems do not comply with the requirements set out in the Annexes to 
Directive 70/157/EEC as amended by this Directive." 

(6) (b) In conformity with Article 3 of Directive 92/97/EEC: 

"Member States may make provision for tax incentives only in respect of motor vehicles which comply with this 
Directive.  Such  incentives  must  comply  with  the  provisions  of  the  Treaty  and,  in  addition,  must  meet  the 
following conditions: 

– 

they  must  apply  to  all  nationally-manufactured  motor  vehicles  and  all  imported  vehicles  which  are 
offered for sale on the market of a Member State and which meet, in advance, the requirements of this 
Directive due to be complied with in 1995, 

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36 

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– 

– 

they  shall  be  terminated  with  effect  from  the  mandatory  application  of  the  sound  level  values  laid 
down in Article 2 (3) for new motor vehicles, 

in  respect  of  each  type  of  motor  vehicle,  they  must  represent  an  amount  substantially  below  the 
additional cost of the technical solutions introduced to ensure compliance with the established values 
and of their installation on the vehicle. 

The Commission must be informed in good time of plans to institute or change tax incentives as referred to in 
the  first  subparagraph.  The  Commission  must  give  its  consent  before  such  incentives  are  put  into  effect  and 
must, in particular, take into account the impact of such incentives on the internal market." 

(7) In conformity with Article 2 of Directive 96/20/EC: 

"1. With effect from 1 October 1996 Member States may not, on grounds relating to the permissible sound level 
or the exhaust system: 

– 

– 

refuse,  in  respect  of  a  type  of  vehicle  or  a  type  of  exhaust  system,  to  grant  EC  type-approval  or 
national type-approval, or 

prohibit  the  registration,  sale  or  entry  into  service  of  vehicles,  or  the  sale  or  entry  into  service  of 
exhaust systems, 

if the vehicles or exhaust systems comply with the requirements of Directive 70/157/EEC, as amended by this 
Directive. 

2. With effect from 1 January 1997 Member States: 

– 

– 

shall no longer grant EC type-approval, and 

shall refuse to grant national type-approval, 

for a type of vehicle on grounds relating to its permissible sound level and for a type of exhaust system, if the 
requirements of Directive 70/157/EEC, as amended by this Directive, are not fulfilled. 

3. Notwithstanding paragraph 2, for the purposes of replacement parts, Member States shall continue to grant EC 
type-approval,  and  to  permit  the  sale  and  entry  into  service,  of  exhaust  systems  in  accordance  with  previous 
versions of Directive 70/157/EEC provided that such exhaust systems: 

– 

– 

are intended to be fitted to vehicles already in use, and 

comply  with  the  requirements  of  that  Directive  which  were  applicable  when  the  vehicles  were  first 
registered." 

(8) In conformity with Article 2 of Directive 1999/101/EC: 

"1. With effect from 1 April 2000, Member States may not, on grounds relating to the permissible sound level or 
the exhaust system: 

– 

– 

refuse to grant EC type-approval or national type-approval in respect of a type of vehicle or a type of 
exhaust system, 

or 

prohibit  the  registration,  sale  or  entry  into  service  of  vehicles,  or  the  sale  or  entry  into  service  of 
exhaust systems, 

if the vehicles or exhaust systems meet the requirements of Directive 70/157/EEC, as amended by this Directive. 

EN 

37 

   EN 

2. With effect from 1 October 2000, Member States: 

– 

– 

shall no longer grant EC type-approval, 

and 

shall refuse to grant national type-approval 

for a type of vehicle and for a type of exhaust system, if the requirements of Directive 70/157/EEC, as amended 
by this Directive, are not fulfilled. 

3. Notwithstanding paragraph 2, for the purposes of replacement parts, Member States shall continue to grant EC 
type-approval,  and  to  permit  the  sale  or  entry  into  service,  of  exhaust  systems  in  accordance  with  previous 
versions of Directive 70/157/EEC, provided that such exhaust systems: 

– 

are intended to be fitted to vehicles already in use, 

and 

comply with the requirements of that directive which were applicable when the vehicles were first registered." 

_____________ 

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38 

   EN 

ANNEX V 

CORRELATION TABLE 

Directive 70/157/EEC 

This Directive 

Article 1 

___ 

Article 1 

Article 2 

Article 2, introductory phrase 

Article 3, introductory phrase 

Article 2, first indent 

Article 2, second indent 

Article 3, point (a) 

Article 3, point (b) 

Article 2a(1) 

Article 2a(2) 

___ 

Article 3 

Article 4(1) 

Article 4(2) 

___ 

___ 

Article 5 

___ 

Article 4(1) 

Article 4(2) 

Article 5 

___ 

Article 6 

Article 7 

Article 8 

Article 9 

Annexes I, II and III 

Annexes I, II and III 

___ 

___ 

Annex IV 

Annex V 

_____________ 

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