CELEX: 51997PC0255
Language: en
Date: 1997-06-05
Title: Amended proposal for a European Parliament and Council Directive relating to measures to be taken against air pollution by emissions from motor vehicles and amending Directives 70/220/EEC and 70/156/EEC

'
         COMMISSION OF THE EUROPEAN COMMUNITIES
                                         Brussels, 05.06.1997
                                         COM(97) 255 final
                                         96/ 0164 (COD)
                      Amended proposal for a
   EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE
  RELATING TO MEASURES TO BE TAKEN AGAINST AIR POLLUTION BY
               EMISSIONS FROM MOTOR VEHICLES AND
        AMENDING DIRECTIVES 70/220/EEC AND 70/156/EEC
    (presented by the Commission pursuant to Article 189 a (2)
                         of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                            EXPLANATORY MEMORANDUM
The Commission has adopted on 18 June 1996, a proposal of a European Parliament and Council
directive relating to measures to be taken against air pollution by motor vehicle emissions and
amending directives 70/220/EEC and 70/156/EEC. This proposal would result in a 40%
reduction of limit values for noxious pollutants applicable to the type approval of new vehicles
from the year 2000. In addition, the mandatory fitment of on-board diagnostic systems, the
introduction of a new in-use conformity testing procedure and a new test to limit evaporative
emissions will result in improved control of the day to day emissions of vehicles in use.
This proposal formed a part of the integrated strategy for the control of atmospheric emissions
from road transport as set out in the Commission's Communication to the European Parliament
on a future strategy for the control of atmospheric emissions for road transport.
On 10th April 1997, the European Parliament approved the proposal from the Commission with
88 amendments.
Out of the 88 amendments proposed by Mr Lange, 16 amendments will be totally accepted and 6
partly which cover the following aspects :
     amendments n° 19 partly, 24 relating to fiscal incentives ; subject to minor changes
     drafted by the Commission ;
     amendments n° 14 partly, 67, 68, 78 partly, 81 partly and 85 to amend the OBD
     requirements ;
     amendments n° 53, 54, 55 partly, 56, 57 and 58 relating to the evaporative emissions
     test procedure ;
     other minor or editorial amendments, namely amendments n° 5, 6, 7 partly, 30, 52,
     64, 86 and 89 ;
Amendments n° 1,2,3,4, 10, 11, 12, 13, 15, 16, 17, 18,21,22,23,25,26,27,28,29,31,32,33,
36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 59, 60, 61, 62, 63, 65, 66, 69, 70, 71,
72, 73, 74, 75, 76, 77, 79, 80, 82, 83, 84, 87, 88, 90, 92 and 93 are not accepted. These
amendments deal, in particular, with :
     a tightening of the limit values applicable from the year 2000 and a change to the
     reference fuel used for approval testing. Limit values proposed by the Commission
     are part of the cost-effective strategy which will permit the EU to reach its air quality
     standards. In addition, limit values are a sensitive issue and will be discussed until
     the very last moment, since technology is always evolving permitting environmental
     gains at lower costs. Moreover, emission limit values, the intrinsic quality of the
     fuel used for testing and the quality of market fuels are all interdependent and need
     to be examined together ;
     a modification of the 'indicative limit values' proposed by the Commission for 2005
     into mandatory values, with a tightening the values themselves. Mandatory values
     will have the advantage of giving a clear indication, with a long lead time, to the car
     industry and component suppliers, enabling them to manage their research and
     development efforts in an efficient manner. However, there is a prerequisite, notably
 ---pagebreak--- that of better quality fuels available across the market. Further study is needed, the
outcome of which can not be prejudged. In any case, the Commission is committed
to undertake an Auto/Oil 2 programme, with one of the objectives being to confirm
or revise the year 2005 limit values at the earliest stage ;
a new test procedure to reduce emissions during cold temperature conditions. The
Commission has already indicated its interest in such a test but will evaluate it during
the Auto-Oil 2 programme ;
a different approach for in-use compliance testing. These proposals are incompatible
with the principles of the European type-approval system and are therefore
unacceptable. The proposals by the Commission for in-use compliance testing is an
important step towards better emission control by application of in-use compliance
testing at a harmonised European level and are closely linked to the existing
provisions for type approval and conformity of production ;
the mandatory fitment of on-board diagnostic systems, or OBD, on diesel vehicles
from thé year 2000. As of today, the experience and capability of the car and
component supply industries with OBD for diesel vehicles is less than for petrol
vehicles. OBD monitoring capability will not be available for all diesel vehicles by
2000 ;
extension of the durability requirement beyond 80,000km to 160,000km. Current
technology cannot control emissions at such high distances as well as when the
vehicle is new ;
terms of reference of the Auto-Oil 2 programme. At this stage it is premature to
change them. In any case, the Auto/Oil II Programme remains the responsibility of
the Commission.
                                         -3-C,
 ---pagebreak---                  Recital 4b (new)
Current Proposal                             Altered Proposal
                             Whereas an adequate legislative and fiscal
                             framework should be created as soon as
                             possible to accelerate the introduction onto the
                             market of vehicles with innovative propulsion
                             technologies and vehicles which              use
                             alternative fuels with a low environmental
                             impact: whereas the introduction of vehicles
                             using alternative fuels such as natural gas
                             produces a significant improvement in the
                             quality of city air:
                 Recital 4c (new)
Current proposal                             Altered Proposal
                             Whereas, in order to help resolve the problem
                             of atmospheric pollution, it is necessary to
                             step in with a global strategy, encompassing
                             the technological, management and fiscal
                             aspects, for the development of sustainable
                             mobility, taking into account the specific
                             characteristics of the various European urban
                             areas;
 ---pagebreak---                                              Recital 5
               Current Proposal                                     Altered Proposal
Whereas the Commission has implemented a             Whereas the Commission has implemented a
European programme on air quality, road              European programme on air quality, road
traffic   emissions, fuels       and    engines      traffic    emissions, fuels       and     engines
technologies (the Auto/Oil programme) with a         technologies (the Auto/Oil programme) with a
view to fulfilling the requirements of this          view to fulfilling the requirements of this
Article 4 of Directive 94/12/EC; whereas the         Article 4 of Directive 94/12/EC; whereas the
European car and oil industries have carried         Commission has implemented the APHEA
out the European Programme on Engines                Project which estimates the external costs of
Fuels and Emissions (EPEFE) to determine the         air pollution by motor vehicles at 0.4% of EU
contribution which can be made both by future        GDP, and further assessments conclude that
vehicles and the fuels which propel them;            the external costs amount to 3% of EU GDP,
whereas the Auto/Oil and EPEFE programmes            and whereas however the cost-effectiveness
strove for ensuring that proposals for               approach outlined in Article 4 of Directive
 Directives on polluting emissions seek the best     94/12/EC did not require to take into account a
 solutions for both the citizen and for the          precise assessment of medical impact costs:
economy; whereas a cost/effectiveness study          whereas the Commission has implemented the
 within the Auto/Oil programme has shown              'Car of Tomorrow' Action Plan which strives
that a further improvement of car emission           to contribute to the promotion of the "Car of
 technology was necessary with a view to             Tomorrow' which will be clean, safe, energy-
 achieving air quality in year 2010 as described      efficient and 'intelligent': whereas this action
 in the Communication by the Commission on            plan reinforces Community action promoting
 the Auto/Oil Programme;                              R&D leading to clean cars and whereas neither
                                                      the R&D efforts undertaken in the framework
                                                      of the 'Car of Tomorrow' Action Plan nor EU
                                                      competitiveness in automobile R&D should be
                                                     jeopardised: whereas the European car and oil
                                                      industries have carried out the European
                                                      Programme on Engines Fuels and Emission
                                                      (EPEFE) to determine the contribution which
                                                      can be made both by future vehicles and the
                                                      fuels which propel them;, whereas the Auto/Oil
                                                      and EPEFE programmes strove to. ensure that
                                                      proposals for directives on polluting emissions
                                                      seek the best solutions for both the citizen and
                                                      the economy; whereas it has become clear that
                                                      a further improvement of car emission
                                                      technology is necessary with a view to
                                                      achieving air quality in year 2010 as described
                                                       in the Communication by the Commission on
                                                      the Auto/Oil Programme;
                                                  6-
 ---pagebreak---                                              Recital 9
                Current Proposal                                       Altered Proposal
Whereas new provisions for on-board                    Whereas new provisions for              on-board
diagnostics (OBD) should be introduced with a          diagnostics (OBD) should be introduced with a
view to permitting an immediate detection of a         view to permitting an immediate detection of a
failure of anti-pollution vehicle equipment and        failure of anti-pollution vehicle equipment and
thus allowing a significant up-grading of the          thus allowing a significant up-grading of the
maintenance of initial emissions performances          maintenance of initial emissions performances
on in-use vehicles through periodical or               on in-use vehicles through periodical or
kerbside control; whereas, however. OBD are at         kerbside control; whereas in order that the
a less developed stage for diesel vehicles and         Member States may ensure that vehicle owners
can be fitted on such vehicles as an option.           meet their obligation to repair faults once they
                                                       have been indicated, the distance travelled since
                                                       a fault occurs shall be recorded:
                                             Recital 13
                Current Proposal                                       Altered Proposal
Whereas Member States should be allowed to             Whereas Member States should be allowed to
encourage, by means of tax incentives, the             encourage, by means of tax incentives, the
 introduction of vehicles which satisfy the            introduction of vehicles which satisfy in
 improved requirements of this Directive.              advance the emission limit values set out for
                                                       2000 and 2005". whereas such incentives may be
                                                        introduced by the individual Member States
                                                       provided that they do not produce distortions in
                                                       the single market:
                                         Recital 15b (new)
                Current Proposal                                        Altered Proposal
                                                        Whereas Member States should take measures
                                                        to encourage faster progress towards replacing
                                                        existing vehicles with low-emission vehicles:
                                                -7
 ---pagebreak---                                          ARTICLE 1(3)
                     Article 12, new subparagraph (Directive 70/156/EEC)
                Current Proposal                                       Altered Proposal
All decisions taken pursuant to the provisions       All decisions taken pursuant to the provisions
adopted in implementation of this directive and      adopted in implementation of this directive and
adopting planned measures to restore the             adopting planned measures to restore the
conformity of vehicles in service, shall state in    conformity of vehicles in service, shall state the
detail the reasons on which they are based. The      reasons on which they are based. The competent
competent authorities of each Member State           authorities of each Member State which decide
which decide to initiate the planned measures        to initiate the planned measures shall notify the
shall notify the party concerned who shall, at the   party concerned who shall, at the same time, be
same time, be informed of the remedies                informed of the remedies available to him under
available to him under the laws in force in the      the laws in force in the Member States and of
Member States and of the time limits allowed         the time limits allowed for the exercise of such
for the exercise of such remedies.                   remedies.
                  ANNEX (1), indent 3, List of annexes (directive 70/220/EEC)
                Current Proposal                                       Altered Proposal
Annex X: Control of compliance of vehicles in        Annex X: Control of compliance of vehicles in
service                                               service
                                                      Appendix I: Selection of test vehicles and
                                                      failure criteria
                                  ANNEX (18) indent 2a (new)
                             Annex III, Appendix 1 (directive 70/220/EEC)
                Current Proposal                                       Altered Proposal
                                                      - Sampling shall begin on initiation of the
                                                      engine-start-up procedure
                                           ANNEX (21)
                               Annex VI (4.3.1.3.) (directive 70/220/EEC)
                Current Proposal                                       Altered Proposal
4.3.1.3. The repeatability of the analyser            4.3.1.3. The repeatability of the analyser
expressed as one standard deviation shall be          expressed as one standard deviation shall be
better than 1% of full scale deflection at zero       better than 1 % of full scale deflection at zero
and at 80 ± 20% of full scale on all ranges used.     and at 80 ± 2% of full scale on all ranges used.
                                                  8-
 ---pagebreak---                                           ANNEX (21)
                               Annex VI (5.1.3.7.) (directive 70/220/EEC)
                 Current Proposal                                      Altered Proposal
5.1.3.7. Breakthrough may be checked as is            5.1.3.7. Breakthrough may be checked as is
described in Sections 5.1.6.1 and 5.1.6.2 of this     described in Sections 5.1.5. and 5.1.6. of this
Annex, or with the use of another sampling and        Annex, or with the use of another sampling and
analytical arrangement capable of detecting the       analytical arrangement capable of detecting the
emission of hydrocarbons from the canister at         emission of hydrocarbons from the canister at
breakthrough.                                         breakthrough.
                                          ANNEX (21)
                               Annex VI (5.1.3.8.) (directive 70/220/EEC)
                 Current Proposal                                      Altered Proposal
5.1.3.8. Purge the canister with 25±5 litres per      5.1.3.8. Purge the canister with 25 ± 5 litres per
litre of charcoal and per minute using the            litre of charcoal and per minute with emission
emission laboratory air until 300 bed volume          laboratory air until 300 bed volume exchanges
exchanges are reached.                                are reached.
                                          ANNEX (21)
                               Annex VI (5.1.5.6.) (directive 70/220/EEC)
                 Current Proposal                                      Altered Proposal
5.1.5.6. When the fuel temperature of the fuel        5.1.5.6. When the fuel temperature reaches 293
tank reaches 293 K (20 °C) a linear heat build of     K (20 °C) a linear heat build of 15 K (15 °C)
15 K (15 °C) begins. The fuel shall be heated in      begins. The fuel shall be heated in such a way
such a way that the temperature of the fuel           that the temperature of the fuel during the
during the heating shall conform to the function      heating shall conform to the function below to
below to within ± 1.5 K. The elapsed time of the      within ± 1.5 K. The elapsed time of the heat
heat build and temperature rise is recorded.          build and temperature rise is recorded.
T r = T 0 + 0.2333 - t                                T r = T 0 + 0.2333 *t
where :                                               where :
T r = required temperature (K);                       T r = required temperature (K);
T 0 = initial temperature (K);                        T 0 = initial temperature (K);
t    = time from start of the tank heat build in      t    = time from start of the tank heat build in
minutes.                                              minutes.
                                                9-
 ---pagebreak---                                            ANNEX (21)
                              Annex VI (5.1.5.7.) (directive 70/220/EEC)
                Current Proposal                                       Altered Proposal
5.1.5.7. As soon as breakthrough occurs or when       5.1.5.7. As soon as breakthrough occurs or when
the fuel temperature reaches 308 K (35 °C),           the fuel temperature reaches 308 K (35 °C),
whichever occurs first, the heat source shall be      whichever occurs first, the heat source shall be
turned off, the enclosure doors shall be unsealed     turned off, the enclosure doors shall be unbolted
and opened, and the vehicle fuel tank cap(s)          and opened, the vehicle fuel tank cap(s) shall be
shall be removed. If breakthrough has not             removed, the vehicle shall be removed from the
occurred by the time the fuel temperature             enclosure for the preconditioning driving cycle
reaches 308 K (35 °C), the heat source shall be       laid down in 5.2. If breakthrough has not
removed from the vehicle, the vehicle shall be        occurred by the time the fuel temperature
removed from the evaporative emission                 reaches 308 K (35 *°C), the heat source shall be
enclosure and the entire procedure outlined in        removed from the vehicle, the vehicle shall be
Section 5.1.7. shall be repeated until                removed from the evaporative emission
breakthrough occurs.                                  enclosure and the entire procedure outlined in
                                                      Section 5.1.7. shall be repeated until
                                                      breakthrough occurs.
                                           ANNEX (22)
                        Annex VI, appendix 1 (2.3.) Title (directive 70/220/EEC)
                Current Proposal                                       Altered Proposal
Calibration and hydrocarbon retention test of         Calibration and leak test of the chamber
the chamber
                                            Annex (25)
                                  Annex X (5.4.) (directive 70/220/EEC)
                Current Proposal                                       Altered Proposal
 Diagnosis and restorative maintenance                 Diagnosis and maintenance
 5.4. Diagnosis and restorative maintenance will       5.4. Diagnosis and maintenance will be
 be performed on vehicles accepted for testing,        performed on vehicles accepted for testing, prior
 prior to in service survey testing, according to      to in service survey testing, according to
 Sections 5.4.1 -5.4.8.                                Sections 5.4.1 -5.4.8.
                                            ANNEX (25)
                                 Annex X (5.4.7.) (directive 70/220/EEC)
                Current Proposal                                       Altered Proposal
 5.4.7. If the vehicle is [before] with in 800 km      5.4.7. If the vehicle is [i.e. less thanjwithin
 of a scheduled maintenance service, that              3000 km of a scheduled maintenance service,
 maintenance will be performed according to the        that maintenance will be performed according to
 manufacturer's service instructions. Regardless       the    manufacturer's     service    instructions.
 of odometer reading, change of oil and air filter     Regardless of odometer reading, change of oil
 may be performed at the request of the                and air filter may be performed at the request of
 manufacturer.                                         the manufacturer.
                                                 10
 ---pagebreak---                                          ANNEX (25)
                               Annex X (6.4.5.) (directive 70/220/EEC)
                Current Proposal                                     Altered proposal
6.4.5. A description of the procedure to be          6.4.5. A description of the procedure to be
followed by vehicle owner to obtain correction       followed by the. vehicle owner to obtain
of the non-compliance. This shall include a date     correction of the non-compliance. This shall
after which when the non-compliance may be           include a date after which when the non-
remedied, the estimated time for the workshop        compliance may be remedied, the estimated
to perform the remedy, and where the remedy          time for the workshop to perform the remedy,
can be done. The repair shall be done                and where the remedy can be .done. The repair
expediently, within a reasonable time after          shall be done expediently, within a reasonable
delivery of the vehicle.                             time after delivery of the vehicle. The
                                                     information supplied to the vehicle owner must
                                                     make it clear that there will be no charge to him.
                                         ANNEX (25)
                            Annex X (6.6a.) (new) (directive 70/220/EEC)
                Current Proposal                                     Altered Proposal
                                                     6.6a. The repair and/or modification or addition
                                                     of new equipment shall be recorded in the
                                                     vehicle's documents
                                         ANNEX (26)
                               Annex XI (5.3.1.) (directive 70/220/EEC)
                Current Proposal                                     Altered Proposal
5.3.1. The tests are carried out on the vehicle      5.3.1. The tests are carried out using the test
iised for the Type V durability test, given in       procedure in Appendix I to this Annex. A
Annex VII. and using the test procedure in           suitably aged (up to 80.000 km^ and
Appendix I to this Annex. Tests are carried out      representative vehicle supplied by the
at the conclusion of the Type V durability           manufacturer may be used for these OBD
testing. When no Type V durability testing is        demonstration tests.
carried out, or at the request of the
manufacturer, a suitably aged and representative
vehicle may be used for these OBD
demonstration tests.
                                              - 11-
 ---pagebreak---                                              ANNEX (26)
                                  Annex XI (5.6.) (directive 70/220/EEC)
                Current Proposal                                           Altered Proposal
5.6.   Fault code storage.                                5.6.    Fault code storage.
The OBD system shall record code(s) indicating            The OBD system shall record code(s) indicating
the status of the emission control system.                the status of the emission control system.
Separate status codes shall be used to identify           Separate status codes shall be used to identify
correctly functioning emission control systems            correctly functioning emission control systems
and those emission control systems which need             and those emission control systems which need
further vehicle operation to be fully evaluated.          further vehicle operation to be fully evaluated.
Fault codes that cause MI activation due to               Fault codes that cause MI activation due to
deterioration or malfunction or permanent                 deterioration or malfunction or permanent
emission default modes of operation shall be              emission default modes of operation shall be
stored and that fault code shall identify the type        stored and that fault code shall identify the type
of malfunction.                                           of malfunction. The distance travelled by the
                                                          vehicle since a fault code is stored shall be
                                                          available through the serial port on the standard
                                                          data link connector^ .
                                              ANNEX (26)
                        Annex XI, appendix 1 (6.5.3.5.) (directive 70/220/EEC)
                Current Proposal                                           Altered Proposal
6.5.3.5. The connection interface between the             6.5.3.5. The diagnostic connector on the vehicle
vehicle and the diagnostic tester shall meet the          shall meet all the requirements of ISO 15031-3
all requirements of SAE J1962 "Diagnostic                  "Road vehicles - Diagnostic systems - On-board
Connector. June 1992" "(ISO XXX-A "Road                   connector"). The installation position shall be
vehicles - Diagnostic systems - On-board                  subject to agreement of the approval authority
connector"). The installation position shall be           such that it is readily accessible by service
subject to agreement of the approval authority             personnel but protected from tampering by non-
such that it is readily accessible by service             qualified personnel.
personnel but protected from tampering by non-
qualified personnel.
(l)
     This requirement is applicable only to vehicles with an electronic speed signal to the engine
management systems. It shall apply to all vehicles from 1/1/2005.
                                                     12
 ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(97) 255 final
                                              DOCUMENTS
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                                    Catalogue number : CB-CO-97-242-EN-C
                                                             ISBN 92-78-20186-3
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