COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to Article 294(6) of the Treaty on the Functioning of the European Union concerning the position of the Council on the adoption of a Regulation of the European Parliament and of the Council on the sound level of motor vehicles
Date: 2014-02-21
Institutions: European Commission
Subjects: electric vehicle, harmonisation of standards, measuring equipment, motor vehicle, motor vehicle pollution, noise level, noise pollution, noise protection, occupational safety, road safety

EUROPEAN 
COMMISSION 

Brussels, 21.2.2014  
COM(2014) 107 final 

2011/0409 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to Article 294(6) of the Treaty on the Functioning of the European Union 

concerning the 

position of the Council on the adoption of a Regulation of the European Parliament and 
of the Council on the sound level of motor vehicles 

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2011/0409 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to Article 294(6) of the Treaty on the Functioning of the European Union 

concerning the 

position of the Council on the adoption of a Regulation of the European Parliament and 
of the Council on the sound level of motor vehicles 

1. 

BACKGROUND 

Date of transmission of the proposal to the European Parliament and 
to the Council (document COM(2011)856 final –2011/0409 (COD): 

9 December 2011. 

Date  of  the  opinion  of  the  European  Economic  and  Social 
Committee: 

25 April 2012. 

Date of the opinion of the European Parliament, first reading: 

6 February 2013. 

Date of adoption of the position of the Council: 

20 February 2014. 

2. 

OBJECTIVE OF THE COMMISSION PROPOSAL 

The Commission proposal aims at lowering noise limit values in two steps of 2 dB(A) each 
for passenger cars, vans, buses and coaches. For trucks the reduction would be 1 dB(A) in the 
first  step  and  2  dB(A)  in  the  second  step.  The  first  step  should  apply  two  years  after  the 
publication of the text in the Official Journal and the second step is foreseen 5/7 years after 
publication. 

In  addition,  a  new  test  method  is  introduced,  more  representative  of  urban  traffic  and 
internationally recognized in the framework of the United Nations Economic Commission for 
Europe (UNECE). 

Finally, it is proposed that electric and hybrid electric vehicles be fitted optionally with sound 
generating devices (so called “AVAS”) which would make these vehicles more noticeable by 
pedestrians and cyclists.  

Noise  emissions  limits  have  not  changed  since  1996  despite  increasing  traffic.  The 
Commission's  proposal  will  significantly  reduce  the  levels  of  environmental  noise  and  the 
number of highly annoyed people is expected to decrease by 25 %. 

3. 

COMMENTS ON THE POSITION OF THE COUNCIL 

3.1. 

General comments 

The  Commission  welcomes  the  political  agreement  on  a  compromise  text  reached  on  9 
December 2013 by the Council and the ENVI committee of the Parliament. The adoption of 
the  1st  reading  Council  position  should  now  allow  a  final  adoption  of  the  text  during  the 
current legislative term. It is important that the new test method, which is more representative 

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and internationally recognized be implemented as soon as possible. In addition, with regard to 
the  noise  limits,  it  is  important  for  the  industry  to  have  a  long  term  and  stable  objective  in 
order to adapt their vehicles to the new legislation. 

3.2. 

Comments on the amendments adopted by the European Parliament 

3.2.1.  European  Parliament  amendments  included  in  full,  in  part  or  in  principle  in 

Council’s position at first reading 

The  Council’s  position  in  first  reading  encompasses  the  vast  majority  of  amendments 
introduced by the European Parliament, in particular, most of the additional recitals proposed 
by  the  European  Parliament,  the  alignment  of  the  test  procedure  with  the  test  procedure 
developped  under  the  auspice  of  the  United  Nations  Economic  Commission  for  Europe 
(UNECE), the inclusion of a new test track and a new vehicle classification. 

On  limit  values,  the  Council  position  is  very  close  to  the  initial  Commission  proposal  with 
regard  to  final  limits,  but  with  a  delayed  application.  It  can  also  be  seen  for  most  of  the 
vehicle categories as a subsequent step to the final step proposed by the European Parliament 
in its first reading position. It can be supported by the Commission as a compromise.  

The Council has accepted the amendment on the labelling of the sound level of vehicles by 
the    dealership  proposed  by  the  Parliament.  However,  the  Council  chose  not  to  make  this 
requirement mandatory before the Commission has completed an impact assesment on such a 
mandatory requirement. This issue was not part of the initial Commission proposal, but can be 
supported as part of the package. 

The  Council  endorsed  the  amendment  of  the  European  Parliament  requiring  the  mandatory 
fitting  of  an  acoustic  vehicle  alarm  system  (so  called  “AVAS”)  on  electric  and  hybrid 
vehicles. It should be recalled that the initial Commission proposal only included an optional 
fitting.  The  Commission  can  support  the  amendment  of  the  Council  as  it  also  introduces  a 
lead  time  of  3/5  years  which  will  allow  the  developement  of  more  detailed  technical 
requirements  on  the  approval  of  such  systems  and  will  give  time  to  industry  to  adapt  their 
products to those new requirements 

The amendment from the European Parliament introducing a reference to Regulation (EC) No 
765/2008  of  the  European  Parliament  and  of  the  Council  of  9  July  2008  setting  out  the 
requirements for accreditation and market surveillance relating to the marketing of products 1 
was  taken  on  board  as  a  recital  by  the  Council  position.  This  can  also  be  supported  by  the 
Commission. 

The  clarifications  brought  to  the  drafting  of  the  Commission  text  by  the  Council  and  the 
Parliament can also be supported. 

3.2.2.  European Parliament amendments not included in Council position at first reading 

The Council felt that the amendment of the European Parliament requiring the Commission to 
study the possibility to introduce a road classification system with regard to their rolling noise 
behaviour  was  not  appropriate  in  an  article  of  a  Regulation  dealing  with  motor  vehicles. 
However, the Council recognized that an integrated approach on noise should be followed and 
that road maps according to Directive 2002/49/EC relating to the assessment and management 
of  environmental  noise2  could  form  the  basis  of  future  reasearch  work  on  road  surface 
classification. This is supported by the Commission. 

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OJ L 218, 13.8.2008, p. 30 
OJ L 189, 18.7.2002, p. 12. 

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On  delegated  acts,  the  Council  could  support  neither  an  unlimited  empowerment  of  the 
Commission  for  the  update  of  the  non-essential  elements  of  the  Annexes  (Commission 
proposal)  nor  a  tacit  renewal  of  the  empowerment  (Parliament  proposal).  Compared  to  the 
European Parliament proposal, the Council also restricted the number of Annexes which can 
be amended by the Commission. The Commission regrets this decision from a practical point 
of view (ordinary legislative procedure needed after five years even for small changes in the 
Annexes) but can accept it as part of the final compromise between the co-legislators.  

3.3. 

New provisions introduced by the Council and the Commission’s position 

The Council introduced a number of technical amendments, in particular to clearly make the 
link  between  this  new  Regulation  and  the  framework  Directive  2007/46/EC  establishing  a 
framework for the approval of motor vehicles and their trailers, and of systems, components 
and separate technical units intended for such vehicles 3. This can be supported. 

The Council also introduced additional requirements to allow easier road worthiness tests and 
easier road side checks of hybrid vehicles. This can also be supported. 

4. 

CONCLUSION 

Although the Commision regrets for practical reasons the decision of the Council restricting 
the delegation to the Commission to a limited number of Annexes and a fixed period of five 
years, the Commission perceives that the only way of allowing the procedure to continue is to 
refrain from opposing it. 

The Council acted by a qualified majority. 

In conclusion, the Commission  supports, in a spirit of compromise, the position adopted by 
the Council.  

3 

OJ L 263, 9.10.2007, p. 1. 

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