CELEX: 51977FC0537
Language: en
Date: 2007-03-21
Title: Proposal for a Directive …/…/EC of the European Parliament and of the Council of […] on the measures to be taken against the emission of pollutants from diesel engines for use in wheeled agricultural or forestry tractors (codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM

                                                                  Proposal for a

                                          DIRECTIVE …/…/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                                                                      of […]

     on the measures to be taken against the emission of pollutants from diesel engines for use in wheeled agricultural or forestry tractors

                                                                (Codified version)

                                                              EXPLANATORY MEMORANDUM

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

       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  Community  law  is  to  be  clear  and
       transparent.

2.    On 1 April 1987 the Commission therefore decided[1] to instruct its staff that all legislative 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 the Community rules are clear and readily understandable.

3.    The Conclusions of the Presidency of the Edinburgh  European  Council  (December 1992)  confirmed  this[2],  stressing  the  importance  of
       codification as it offers certainty as to the law applicable to a given matter at a given time.

       Codification must be undertaken in full compliance with the normal Community legislative procedure.

       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.

4.    The purpose of this proposal is to undertake a codification of Council Directive 77/537/EEC of 28 June 1977 on  the  approximation  of  the
       laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use  in  wheeled
       agricultural or forestry tractors[3]. The new Directive will supersede the  various  acts  incorporated  in  it[4];  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.

5.    The codification proposal was drawn up on the basis of a preliminary consolidation, in all official languages, of Directive 77/537/EEC  and
       the instruments amending it, carried out by the Office for Official Publications  of  the  European  Communities,  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 XII to the codified Directive.

                                            ê 77/537/EEC (adapted)

                                                                  Proposal for a

                                          DIRECTIVE …/…/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                                                                      of […]

     on the measures to be taken against the emission of pollutants from diesel engines for use in wheeled agricultural or forestry tractors

                                                            (Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee[5],

Acting in accordance with the procedure laid down in Article 251 of the Treaty[6],

Whereas:

                                            ê 

   1) Council Directive 77/537/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to the  measures  to  be  taken
      against the emission of pollutants from diesel engines for use  in  wheeled  agricultural  or  forestry  tractors[7]  laid  down  technical
      prescriptions concerning the design and construction of agricultural or forestry tractors as regards  measures  to  be  taken  against  the
      emission of pollutants from diesel engines for use in wheeled agricultural or forestry tractors. These  technical  prescriptions  concerned
      the approximation of the laws of the Member States to allow for the EC type-approval procedure established by Directive 2003/37/EC  of  the
      European Parliament and of the Council of 26  May  2003  on  type-approval  of  agricultural  or  forestry  tractors,  their  trailers  and
      interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC[8]
      to be applied in respect of each type of vehicle. Directive 77/537/EEC has been substantially amended several times[9]. In the interests of
      clarity and rationality the said Directive should be codified.

                                            ê 77/537/EEC Recital 2 (adapted)

   2) Ö This Directive is one of the separate Directives of the EC type-approval system provided for in Directive 2003/37/EC.  Consequently,  the
      provisions laid down in Directive 2003/37/EC relating to agricultural or  forestry  tractors,  their  trailers  and  interchangeable  towed
      machinery, together with their systems, components and separate technical units apply to this Directive. Õ

                                            ê 

   3) 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 XI, Part B,

                                            ê 77/537/EEC

HAVE ADOPTED THIS DIRECTIVE:

                                                                    Article 1

1. ‘Agricultural or forestry tractor’ means any motor vehicle, fitted with wheels or  endless  tracks,  having  at  least  two  axles,  the  main
function of which lies in its tractive power and which is specially designed to tow, push, carry or power certain tools,  machinery  or  trailers
intended for agricultural or forestry use. It may be equipped to carry a load and passengers.

                                            ê 82/890/EEC Art. 1(1) (adapted)
                                            è1 97/54/EC Art. 1 first indent

2. This Directive shall apply only to tractors defined in paragraph 1 which are equipped with pneumatic tyres and have a maximum design speed  of
between 6 and è1 40 km/h ç.

                                            ê 77/537/EEC (adapted)

                                                                    Article 2

No Member State may refuse to grant a tractor EC type-approval or national type-approval on the  grounds  that  pollutants  are  emitted  by  the
diesel engine which drives the tractor if the tractor satisfies the requirements laid down in Annexes I to IV and VI.

                                                                    Article 3

No Member State may refuse or prohibit the sale, Ö the registration, the Õ entry into  service  or  use  of  any  tractor  on  the  grounds  that
pollutants are emitted by the diesel engine which drives the tractor if the tractor satisfies the requirements laid down in Annexes I to  IV  and
VI.

                                                                    Article 4

The Member State which has granted EC type-approval shall take the necessary measures to ensure that it is informed  of  any  modification  of  a
part or characteristic referred to in 1.1 of Annex I.

The competent authorities of that State shall determine whether fresh tests should be carried out on the modified  tractor  and  a  fresh  report
drawn up.

Where such tests reveal a failure to comply with the requirements of this Directive, the modification shall not be approved.

                                            ê 77/537/EEC (adapted)

                                                                    Article 5

The amendments necessary to adapt the requirements of Annexes I to X to this Directive to take account of technical progress shall be adopted  in
accordance with the procedure Ö referred to Õ in Article 20(2) of Directive 2003/37/EC .

                                                                    Article 6

Ö Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in  the  field  covered  by
this Directive. Õ

                                            ê 

                                                                    Article 7

Directive 77/537/EEC, as amended by the Directives listed in Annex XI, 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 XI, 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 XII.

                                                                    Article 8

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

It shall apply from [...].

                                            ê 77/537/EEC Art. 7

                                                                    Article 9

This Directive is addressed to the Member States.

Done at Brussels, […]

For the European Parliament  For the Council
The President    The President
[…]   […]

                                            ê 77/537/EEC (adapted)

                                                                   ANNEX I[10]

    DEFINITIONS, APPLICATION FOR EC TYPE-APPROVAL, SYMBOL OF THE CORRECTED ABSORPTION COEFFICIENT, SPECIFICATIONS AND TESTS AND CONFORMITY OF
                                                                    PRODUCTION

1 .   DEFINITIONS

       For the purposes of Ö Annexes I to X Õ :

1.1.  ‘tractor type as regards the limitation of the emission of pollutants from  the  engine’  means  tractors  which  do  not  differ  in  such
       essential respects as the tractor and engine characteristics defined in Annex II;

1.2.  ‘diesel engine’ means an engine which works on the compression-ignition principle;

1.3.  ‘cold-start device’ means a device which by its operation temporarily increases the amount of fuel supplied to the engine and  is  intended
       to facilitate the starting of the engine;

1.4.  ‘opacimeter’ means an instrument for continuous measurement of the absorption coefficients of the light by the  exhaust  gases  emitted  by
       tractors.

2 .   APPLICATION FOR EC TYPE-APPROVAL

2.1. .      The application for approval must be submitted by the tractor manufacturer or by his duly accredited representative.

2.2. .      It must be accompanied by the undermentioned documents in triplicate and the following particulars:

.2.2.1.     a description of the engine type including all the particulars referred to in Annex II;

.2.2.2.     drawings of the combustion chamber and of the upper face of the piston.

2.3. .      An engine and the equipment prescribed in Annex II for fitting to the tractor to be approved shall  be  submitted  to  the  technical
       service conducting the approval tests defined in point 5. However, if the manufacturer so requests and the  technical  service  conducting
       the approval tests agrees, a test may be carried out on a tractor representative of the tractor type to be approved.

3.    EC TYPE-APPROVAL

       A certificate conforming to that shown in Annex X shall be attached to the EC type-approval certificate.

4.    SYMBOL OF THE CORRECTED ABSORPTION COEFFICIENT

4. 1 .      To every tractor conforming to a tractor type approved under this Directive there shall be affixed, conspicuously and  in  a  readily
       accessible place specified in the Annex to the type-approval certificate shown in Annex X, a symbol being a rectangle surrounding a figure
       expressing in m−1 the corrected absorption coefficient obtained, at the time of approval, during the test  under  free  acceleration,  and
       determined at the time of approval by the method described in point 3.2 of Annex IV.

4. 2 .      The symbol must be clearly legible and indelible.

4. 3 .      Annex IX gives an example of the symbol.

5.    SPECIFICATIONS AND TESTS

5.1.  General

       The components liable to affect the emission of pollutants shall be so designed, constructed and assembled as to  enable  the  tractor  in
       normal use, despite the vibration to which it may be subjected, to comply with the provisions of this Directive.

5.2.  Specifications concerning cold-start devices

5.2.1.      The cold-start device shall be so designed and constructed that it cannot be brought into or  kept  in  action  when  the  engine  is
       running normally.

5.2.2.      The provisions of point 5.2.1 above shall not apply if at least one of the following conditions is met:

5.2.2.1.    the light absorption coefficient of the gases emitted by the engine at steady speeds when measured by the method described  in  Annex
       III with the cold-start device operating is within the limits prescribed in Annex VI;

5.2.2.2.    keeping the cold-start device in operation causes the engine to stop within a reasonable time.

5.3.  Specifications concerning the emission of pollutants

5.3.1.      The emission of pollutants by the tractor type submitted for approval shall be measured by the two methods described in  Annexes  III
       and IV, relating respectively to tests at steady speeds and to tests under free acceleration[11].

5.3.2.      The emission of pollutants, as measured by the method described in Annex III, shall not exceed the limits prescribed in Annex VI.

5.3.3.      In the case of engines with an exhaust-driven supercharger, the absorption coefficient measured under  free  acceleration  shall  not
       exceed the limit prescribed in Annex VI for the nominal flow value corresponding to the maximum absorption coefficient measured during the
       tests at steady speeds, plus 0,5 m−1.

5.4.  Equivalent measuring instruments shall be allowed. If an instrument other than  those  described  in  Annex  VII  is  used,  proof  of  its
       equivalence for the engine considered shall be required.

6 .   CONFORMITY OF PRODUCTION

6.1.  Every tractor in the series must conform, with regard to components affecting the emission of pollutants by  the  engine,  to  the  tractor
       type approved.

6.2.  As a general rule conformity of the tractor with the approved type as regards the emission of pollutants from diesel Ö engines Õ  shall  be
       verified on the basis of the description given in the Annex to the EC approval certificate shown in Annex X. In addition:

6.2 .1.     where a check is carried out on a vehicle taken from the series, the tests shall be carried out as follows:

.6.2.1.1.   a tractor which has not been run in shall be subjected to the test under free acceleration described in Annex IV. The  vehicle  shall
       be deemed to conform to the approved type if the absorption coefficient determined does not exceed the figure shown in the  approval  mark
       by more than 0,5 m−1;

.6.2.1.2.   if the figure determined in the test referred to in point 6.2.1.1. above exceeds the figure shown in the approval mark by  more  than
       0,5 m−1, a tractor of the type considered or its engine shall be subjected to the test at steady speeds as described  in  Annex  III.  The
       emission levels shall not exceed the limits prescribed in Annex VI.

                                                                  _____________

                                            ê 77/537/EEC

                                                                     ANNEX II

                                                                      [pic]

                                                                      [pic]

                                                                      [pic]

                                                                  _____________

                                                                    ANNEX III

                                                              TEST AT STEADY SPEEDS

1.    INTRODUCTION

1.1.  This Annex describes the method of determining emissions of pollutants at different steady speeds at 80% of the maximum load.

1.2.  The test may be carried out either on an engine or on a tractor.

2.    MEASUREMENT PRINCIPLE

2.1.  The opacity of the exhaust gases produced by the engine shall be measured with the engine running under 80% of  the  maximum  load  and  at
       steady speed. Six measurements shall be made at engine speeds spaced out uniformly between that corresponding to  maximum  power  and  the
       higher of the following two engine speeds:

         – 55% of the engine speed corresponding to maximum power; and

         – 1 000 rpm.

       The extreme points of measurement shall be situated at the limits of the interval defined above.

2.2.  In the case of diesel engines which are fitted with an air supercharger which can be engaged at will, and in which engines the  entry  into
       operation of the air supercharger automatically brings about an increase in the quantity of fuel injected; the measurements shall be  made
       both with and without the supercharger working.

       For each engine speed, the result of the measurement shall be the higher of the two figures obtained.

3.    TEST CONDITIONS

3.1.  Tractor or engine

3.1.1.      The engine or the tractor shall be submitted in good mechanical condition. The engine shall have been run in.

3.1.2.      The engine shall be tested with the equipment described in Annex II.

3.1.3.      The settings of the engine shall be those described by the manufacturer and by Annex II.

3.1.4.      The exhaust device shall not have any orifice through which the gases emitted by the engine might be diluted.

3.1.5.      The engine shall be in the normal working condition prescribed by the manufacturer. In particular, the  cooling  water  and  the  oil
       shall each be at the normal temperature indicated by the manufacturer.

3.2.  Fuel

       The fuel shall be the reference fuel whose specifications are given in Annex V.

3.3.  Test laboratory

                                            ê 77/537/EEC (adapted)

3.3.1.      The absolute temperature T of the laboratory, expressed in Ö degrees Õ Kelvin, and the atmospheric pressure  H,  expressed  in  torr,
       shall be measured, and the factor F shall be determined by the formula

                                            ê 77/537/EEC

                                                                      [pic]

3.3.2.      For a test to be recognised as valid, the factor F shall be such that 0,98 ≤ F ≤ 1,02.

3.4.  Sampling and measuring apparatus

       The light-absorption coefficient of the exhaust gases shall be measured with an opacimeter satisfying the conditions laid  down  in  Annex
       VII and installed in conformity with Annex VIII.

4.    LIMIT VALUES

4.1.  For each of the six engine speeds at which the absorption coefficient is measured pursuant to point 2.1 above,  the  nominal  gas  flow  G,
       expressed in litres per second, shall be calculated by means of the following formulae:

         – for two-stroke engines [pic]

         – for four-stroke engines [pic]

       where:

       V is the cylinder capacity of the engine expressed in litres; and n is the engine speed in revolutions per minute.

4.2.  For each engine speed the absorption coefficient of the exhaust gases shall not exceed the limit value given in  the  table  in  Annex  VI.
       Where the value of the nominal flow is not one of those given in that table, the limit value applicable shall be obtained by interpolation
       on the principle of proportional parts.

                                                                  _____________

                                                                     ANNEX IV

                                                           TEST UNDER FREE ACCELERATION

1.    TEST CONDITIONS

1.1.  The test shall be carried out on the tractor or engine which has undergone the test at steady speeds described in Annex III.

1.1.1.      If the engine is tested on a bench the test shall be carried out as soon as possible after the test for  measurement  of  opacity  at
       steady speed. In particular, the cooling water and the oil shall be at the normal temperatures indicated by the manufacturer.

1.1.2.      If the test is carried out on a stationary tractor, the engine shall first be brought to normal operating condition by  a  road  run.
       The test shall be carried out as soon as possible after completion of the road run.

1.2.  The combustion chamber shall not have been cooled or fouled by a prolonged period of idling preceding the test.

1.3.  The test conditions described in points 3.1, 3.2 and 3.3 of Annex III shall apply.

1.4.  The conditions described in point 3.4 of Annex III, with regard to the sampling and measuring apparatus, shall apply.

2.    TEST METHODS

2.1.  If the test is a bench test, the engine shall be disconnected from the brake, the latter  being  replaced  either  by  the  rotating  parts
       driven when no gear is engaged or by an inertia substantially equivalent to that of the rotating parts.

2.2.  If the test is carried out on a tractor, the gear-change control shall be set in the neutral position and the engine in gear.

2.3.  With the engine idling, the accelerator control shall be operated quickly, but not violently, so as to obtain  maximum  delivery  from  the
       injection pump. This position shall be maintained until maximum engine speed is reached and the governor comes into  action.  As  soon  as
       this speed is reached the accelerator shall be released until the engine resumes its idling  speed  and  the  opacimeter  reverts  to  the
       corresponding conditions.

2.4.  The operation described in point 2.3 above shall be repeated not less than six times in order to clear the exhaust system and to allow  for
       any necessary adjustment of the apparatus. The maximum opacity values read at each successive acceleration shall be noted until stabilized
       values are obtained. No account shall be taken of the values read while the engine is idling after  each  acceleration.  The  values  read
       shall be regarded as stabilized when four consecutive readings are situated within a band width of 0,25 m−1 and do not form  a  decreasing
       sequence. The absorption coefficient XM to be recorded shall be the arithmetic mean of these four values.

2.5.  Engines fitted with an air supercharger shall be subject, where appropriate, to the following special requirements:

2.5.1.      In the case of engines with an air supercharger which is coupled with or driven mechanically by the engine and is  capable  of  being
       disengaged, two complete measurement cycles with preliminary accelerations shall be carried out, the air supercharger being engaged in one
       case and disengaged in the other. The measurement result recorded shall be the higher of the two results obtained;

2.5.2.      In the case of engines with an air supercharger which can be cut out by means of a driver-operated bypass, the test shall be  carried
       out with and without the bypass. The measurement result recorded shall be the higher of the results obtained.

3.    DETERMINATION OF THE CORRECTED VALUE OF THE ABSORPTION COEFFICIENT

3.1.  Notation

       XM   =     value of the absorption coefficient under free acceleration measured as described in point 2.4 of this Annex;

       XL   =     corrected value of the absorption coefficient under free acceleration;

       SM   =     value of the absorption coefficient measured at steady speed (point 2.1 of Annex III), which is closest to the prescribed limit
                value corresponding to the same nominal flow;

       SL   =     value of the absorption coefficient (point 4.2 of Annex III) for the nominal flow corresponding to  the  point  of  measurement
                which gave the value SM;

       L    =     effective length of the light path in the opacimeter.

3.2.  When the absorption coefficients are expressed in m−1 and the effective length of the light path in  metres,  the  corrected  value  XL  is
       given by the smaller of the following two expressions:

                                                                      [pic]

                                                                  _____________

                                                                     ANNEX V

                      SPECIFICATIONS OF REFERENCE FUEL PRESCRIBED FOR APPROVAL TESTS AND TO VERIFY CONFORMITY OF PRODUCTION

|                                               |Limits and units                           |Method                                       |
|Density 15/4 °C                                |0,830 ± 0,005                              |ASTM D 1298-67                               |
|Distillation                                   |                                           |ASTM D 86-67                                 |
| 50%                                           |min. 245 °C                                |                                             |
| 90%                                           |330 ± 10 °C                                |                                             |
| Final boiling point                           |max. 370 °C                                |                                             |
|Cetane index                                   |54 ± 3                                     |ASTM D 976-66                                |
|Kinematic viscosity at 100 °F                  |3 ± 0,5 cSt                                |ASTM D 445-65                                |
|Sulphur content                                |0,4 ± 0,1 % by weight                      |ASTM D 129-64                                |
|Flash-point                                    |min. 55 °C                                 |ASTM D 93-71                                 |
|Cloud point                                    |max. − 7 °C                                |ASTM D 2500-66                               |
|Aniline point                                  |69 ± 5 °C                                  |ASTM D 611-64                                |
|Carbon residue on 10% bottoms                  |max. 0,2 % by weight                       |ASTM D 524-64                                |
|Ash content                                    |max. 0,01 % by weight                      |ASTM D 482-63                                |
|Water content                                  |max. 0,05 % by weight                      |ASTM D 95-70                                 |
|Copper — corrosion test at 100 °C              |max. 1                                     |ASTM D 130-68                                |
|Net calorific value                            |[pic]                                      |ASTM D 2-68                                  |
|                                               |                                           |(Ap. VI)                                     |
|Strong acid number                             |nil mg KOH/g                               |ASTM D 974-64                                |

Note: The fuel must be based only on straight-run distillates, hydrodesulphurized or not, and must contain no additives.

                                                                  _____________

                                                                     ANNEX VI

                                               LIMIT VALUES APPLICABLE IN THE TEST AT STEADY SPEEDS

|Nominal flow G                                                     |Absorption coefficient k                                           |
|litres/second                                                      |m−1                                                                |
|≤ 42                                                               |2,26                                                               |
|45                                                                 |2,19                                                               |
|50                                                                 |2,08                                                               |
|55                                                                 |1,985                                                              |
|60                                                                 |1,90                                                               |
|65                                                                 |1,84                                                               |
|70                                                                 |1,775                                                              |
|75                                                                 |1,72                                                               |
|80                                                                 |1,665                                                              |
|85                                                                 |1,62                                                               |
|90                                                                 |1,575                                                              |
|95                                                                 |1,535                                                              |
|100                                                                |1,495                                                              |
|105                                                                |1,465                                                              |
|110                                                                |1,425                                                              |
|115                                                                |1,395                                                              |
|120                                                                |1,37                                                               |
|125                                                                |1,345                                                              |
|130                                                                |1,32                                                               |
|135                                                                |1,30                                                               |
|140                                                                |1,27                                                               |
|145                                                                |1,25                                                               |
|150                                                                |1,225                                                              |
|155                                                                |1,205                                                              |
|160                                                                |1,19                                                               |
|165                                                                |1,17                                                               |
|170                                                                |1,155                                                              |
|175                                                                |1,14                                                               |
|180                                                                |1,125                                                              |
|185                                                                |1,11                                                               |
|190                                                                |1,095                                                              |
|195                                                                |1,08                                                               |
|≥ 200                                                              |1,065                                                              |

Note: Although the above values are rounded to the nearest 0,01 or 0,005, this does not mean that the  measurements  need  to  be  made  to  this
       degree of accuracy.

                                                                  _____________

                                                                    ANNEX VII

                                                          CHARACTERISTICS OF OPACIMETERS

1.    SCOPE

       This Annex defines the conditions to be met by opacimeters used in the tests described in Annexes III and IV.

2.    BASIC SPECIFICATION FOR OPACIMETERS

2.1.  The gas to be measured shall be confined in an enclosure having a non-reflecting internal surface.

2.2.  In determining the effective length of the light path through the gas, account  shall  be  taken  of  the  possible  influence  of  devices
       protecting the light source and the photoelectric cell. This effective length shall be indicated on the instrument.

2.3.  The indicating dial of the opacimeter shall have two measuring scales, one in absolute units of light absorption from 0 to ∞ (m−1) and  the
       other linear from 0 to 100; both scales shall range from 0 at total light flux to full scale at complete obscuration.

3.    CONSTRUCTION SPECIFICATIONS

3.1.  General

       The design shall be such that under steady-speed operating conditions the smoke chamber is filled with smoke of uniform opacity.

3.2.  Smoke chamber and opacimeter casing

3.2.1.      The impingement on the photoelectric cell of stray light due to internal reflections or diffusion  effects  shall  be  reduced  to  a
       minimum (e.g. by finishing internal surfaces in matt black and by a suitable general layout).

3.2.2.      The optical characteristics shall be such that the combined effect of diffusion and reflection  does  not  exceed  one  unit  on  the
       linear scale when the smoke chamber is filled with smoke having an absorption coefficient near 1,7 m−1.

3.3.  Light source

       The light source shall be an incandescent lamp with a colour temperature in the range 2 800 to 3 250 K.

3.4.  Receiver

3.4.1.      The receiver shall consist of a photoelectric cell with a spectral response curve similar to the photopic  curve  of  the  human  eye
       (maximum response in the range 550/570 nm; less than 4 % of that maximum response below 430 nm and above 680 nm).

3.4.2.      The construction of the electrical circuit, including  the  indicating  dial,  shall  be  such  that  the  current  output  from  the
       photoelectric cell is a linear function of the intensity of the light received over the operating-temperature range of  the  photoelectric
       cell.

3.5.  Measuring scales

3.5.1.      The light-absorption coefficient k shall be calculated by the formula Φ = Φo · e−kL, where L is the effective  length  of  the  light
       path through the gas to be measured, Φ o the incident flux and Φ the emergent flux.

       When the effective length L of a type of opacimeter cannot be assessed directly from  its  geometry,  the  effective  length  L  shall  be
       determined

         – either by the method described in point 4 of this Annex; or

         – through correlation with another type of opacimeter for which the effective length is known.

3.5.2.      The relationship between the 0 to 100 linear scale and the light absorption coefficient k is given by the formula

                                                                      [pic]

       where N is a reading on the linear scale and k the corresponding value of the absorption coefficient.

3.5.3.      The indicating dial of the opacimeter shall enable an absorption coefficient of 1,7 m−1 to be read with an accuracy of 0,025 m−1.

3.6.  Setting and testing of the measuring apparatus

3.6.1.      The electrical circuit of the photoelectric cell and of the indicating dial shall be adjustable so that the pointer can be  reset  at
       zero when the light flux passes through the smoke chamber filled with clean air or through a chamber having identical characteristics.

3.6.2.      With the lamp switched off and the electrical measuring circuit open or short-circuited, the reading  on  the  absorption-coefficient
       scale shall be ∞, and it shall remain at ∞ with the measuring circuit reconnected.

3.6.3.      An intermediate check shall be carried out by placing in the smoke chamber a screen representing a gas whose  known  light-absorption
       coefficient k, measured as described in point 3.5.1, is between 1,6 m−1 and 1,8 m−1. The value of k must be known to within 0,025 m−1. The
       check consists in verifying that this value does not differ by more than 0,05 m−1 from that read on the opacimeter  indicating  dial  when
       the screen is introduced between the source of light and the photoelectric cell.

3.7.  Opacimeter response

3.7.1.      The response time of the electrical measuring circuit, being the time necessary for the indicating dial to reach  90%  of  full-scale
       deflection on insertion of a screen fully obscuring the photoelectric cell, shall be 0,9 to 1,1 seconds.

3.7.2.      The damping of the electrical measuring circuit shall be such that the initial overswing beyond the final steady  reading  after  any
       momentary variation in input (e.g. the calibration screen) does not exceed 4% of that reading in linear scale units.

3.7.3.      The response time of the opacimeter which is due to physical phenomena in the smoke chamber is the time between the beginning of  the
       entry of the gas into the measuring apparatus and the complete filling of the smoke chamber; it shall not exceed 0,4 second.

3.7.4.      These provisions shall apply solely to opacimeters used to measure opacity under free acceleration.

3.8.  Pressure of the gas to be measured and of scavenging air

3.8.1.      The pressure of the exhaust gas in the smoke chamber shall not differ by more than 735 Pa from the atmospheric pressure.

3.8.2.      The variations in the pressure of the gas to be measured and of the scavenging air shall not  cause  the  absorption  coefficient  to
       vary by more than 0,05 m−1 in the case of a gas having an absorption coefficient of 1,7 m−1.

3.8.3.      The opacimeter shall be equipped with appropriate devices for measuring the pressure in the smoke chamber.

3.8.4.      The limits of pressure variation of gas and scavenging air in the smoke chamber  shall  be  indicated  by  the  manufacturer  of  the
       apparatus.

3.9.  Temperature of the gas to be measured

3.9.1 At every point in the smoke chamber the gas temperature at the instant of measurement shall be between 70 °C  and  a  maximum  temperature,
       specified by the opacimeter manufacturer, such that the readings over this temperature range do not vary by  more  than  0,1  m−1  if  the
       chamber is filled with a gas having an absorption coefficient of 1,7 m−1.

3.9.2.      The opacimeter shall be equipped with appropriate devices for measuring the temperature in the smoke chamber.

4.    EFFECTIVE LENGTH ‘L’ OF THE OPACIMETER

4.1.  General

4.1.1.      In some types of opacimeter the gas between the light source and the photoelectric cell, or between transparent parts protecting  the
       source and the photoelectric cell, is not of constant opacity. In such cases the effective length L shall be that of a column  of  gas  of
       uniform opacity which gives the same absorption of light as that obtained when the gas is admitted in a normal way into the opacimeter.

4.1.2.      The effective length of the light path is obtained by comparing the reading N of the opacimeter operating normally with  the  reading
       No obtained with the opacimeter modified so that the test gas fills a well defined length Lo.

4.1.3.      It will be necessary to take comparative readings in quick succession to determine the correction to be made for shifts of zero.

4.2.  Method of assessment of L

4.2.1.      The test gas shall be exhaust gas of constant opacity or a light-absorptive gas of a gravimetric  density  similar  to  that  of  the
       exhaust gas.

4.2.2.      A column of length Lo of the opacimeter, which can be filled uniformly with the test gases, and the ends of which  are  substantially
       at right angles to the light path, shall be accurately determined. This length Lo shall be close to the presumed effective length  of  the
       opacimeter.

4.2.3.      The mean temperature of the test gas in the smoke chamber shall be measured.

4.2.4.      If necessary, an expansion tank of compact design and of sufficient capacity to damp  the  pulsations  may  be  incorporated  in  the
       sampling line as near to the probe as possible. A cooler may also be fitted. The addition of the expansion tank and of the cooler must not
       unduly disturb the composition of the exhaust gas.

4.2.5.      The test for determining the effective length shall consist of passing a sample  of  test  gas  alternately  through  the  opacimeter
       operating normally and through the same apparatus modified as indicated in point 4.1.2.

4.2.5.1.    The opacimeter readings shall be recorded continuously during the test with a recorder whose response time is  equal  to  or  shorter
       than that of the opacimeter.

4.2.5.2.    With the opacimeter operating normally, the reading on the linear scale of  opacity  is N  and  that  of  the  mean  gas  temperature
       expressed in degrees Kelvin is T.

4.2.5.3.    With the known length Lo filled with the same test gas, the reading on the linear scale of opacity is No and that  of  the  mean  gas
       temperature expressed in degrees Kelvin is To.

4.2.6.      The effective length will be

                                                                      [pic]

4.2.7.      The test shall be repeated with at least four test gases giving readings evenly spaced between the 20 and 80 on the linear scale.

4.2.8.      The effective length L of the opacimeter will be the arithmetic mean of the effective lengths obtained as stated in point 4.2.6  with
       each of the gases.

                                                                  _____________

                                                                    ANNEX VIII

                                                      INSTALLATION AND USE OF THE OPACIMETER

1.    SCOPE

       This Annex specifies the installation and use of opacimeters for the tests described in Annexes III and IV.

2.    SAMPLING OPACIMETER

2.1.  Installation for steady-speed tests

2.1.1.      The ratio of the cross-sectional area of the probe to that of the exhaust pipe shall  not  be  less  than  0,05.  The  back  pressure
       measured in the exhaust pipe at the intake of the probe shall not exceed 735 Pa.

2.1.2.      The probe shall be a tube with an open end facing forwards in the axis of the exhaust pipe, or  of  the  extension  pipe  if  one  is
       required. It shall be situated in a section where the distribution of smoke is approximately uniform. To achieve this, the probe shall  be
       placed as far downstream in the exhaust pipe as possible or, if necessary, in an extension pipe so that, if  D  is  the  diameter  of  the
       exhaust pipe at the outlet, the end of the probe is situated in a straight portion at least 6 D in length upstream of the  sampling  point
       and 3 D in length downstream. If an extension pipe is used, no air shall be allowed to enter the joint.

2.1.3.      The pressure in the exhaust pipe and the characteristics of the pressure drop in the sampling line  shall  be  such  that  the  probe
       collects a sample substantially equivalent to that which would be obtained by isokinetic sampling.

2.1.4.      If necessary, an expansion tank of compact design and of sufficient capacity to damp  the  pulsations  may  be  incorporated  in  the
       sampling line as near to the probe as possible. A cooler may also be fitted. The addition of the  expansion  tank  and  cooler  shall  not
       unduly disturb the composition of the exhaust gas.

2.1.5.      A butterfly valve or other means of increasing the sampling pressure may be placed in the exhaust pipe least 3 D downstream from  the
       sampling probe.

2.1.6.      The connecting pipes between the probe, the cooling device, the expansion tank (if required) and the opacimeter shall be as short  as
       possible while satisfying the pressure and temperature requirements described in points 3.8 and 3.9  of  Annex  VII.  The  pipe  shall  be
       inclined upwards from the sampling point to the opacimeter, and sharp bends where soot might accumulate shall be avoided. If not  embodied
       in the opacimeter, a bypass valve shall be provided upstream.

2.1.7.      A check shall be carried out during the test to ensure that the requirements of point 3.8  of  Annex  VII,  concerning  pressure  and
       those of point 3.9 of Annex VII, concerning the temperature in the measuring chamber, are observed.

2.2.  Installation for tests under free acceleration

2.2.1.      The ratio of the cross-sectional area of the probe to that of the exhaust pipe shall  not  be  less  than  0,05.  The  back  pressure
       measured in the exhaust pipe at the intake of the probe shall not exceed 735 Pa.

2.2.2.      The probe shall be a tube with an open end facing forwards in the axis of the exhaust pipe, or  of  the  extension  pipe  if  one  is
       required. It shall be situated in a section where the distribution of smoke is approximately uniform. To achieve this, the probe shall  be
       placed as far downstream in the exhaust pipe as possible or, if necessary, in an extension pipe so that, if  D  is  the  diameter  of  the
       exhaust pipe at the outlet, the end of the probe is situated in a straight portion at least 6 D in length upstream of the  sampling  point
       and 3 D in length downstream. If an extension pipe is used, no air shall be allowed to enter the joint.

2.2.3.      The sampling system shall be such that at all engine speeds the pressure of the  sample  at  the  opacimeter  is  within  the  limits
       specified in point 3.8.2 of Annex VII. This may be checked by noting the sample pressure at engine  idling  and  maximum  no-load  speeds.
       Depending on the characteristics of the opacimeter, control of sample pressure can be achieved by a fixed restriction or a butterfly valve
       in the exhaust pipe or extension pipe. Whichever method is used, the back pressure measured in the exhaust pipe at the intake of the probe
       shall not exceed 735 Pa.

2.2.4.      The pipes connecting with the opacimeter shall be as short as possible. The pipe shall be inclined upwards from  the  sampling  point
       to the opacimeter, and sharp bends where soot might accumulate shall be avoided. A bypass valve may be provided upstream of the opacimeter
       to isolate it from the exhaust-gas flow when no measurement is being made.

3.    FULL-FLOW OPACIMETER

       The only general precautions to be observed in steady-speed and free-acceleration tests are the following:

3.1.  joints in the connecting pipes between the exhaust pipe and the opacimeter shall not allow air to enter from outside;

3.2.  the pipes connecting with the opacimeter shall be as short as possible, as in the case of sampling opacimeters. The pipe  system  shall  be
       inclined upwards from the exhaust pipe to the opacimeter, and sharp bends where soot might accumulate shall be avoided. A bypass valve may
       be provided upstream of the opacimeter to isolate it from the exhaust-gas flow when no measurement is being made;

3.3.  a cooling system may also be required upstream of the opacimeter.

                                                                  _____________

                                                                     ANNEX IX

                                          EXAMPLE OF THE SYMBOL OF THE CORRECTED ABSORPTION COEFFICIENT

                                                                      [pic]

                                  The above symbol shows that the corrected absorption coefficient is 1,30 m− 1.

                                                                  _____________

                                            ê 77/537/EEC (adapted)

                                                                     ANNEX X

|                                                                                                   |Name of administration               |

                        ANNEX TO THE EC TYPE-APPROVAL CERTIFICATE ON THE EMISSION OF GASEOUS POLLUTANTS BY DIESEL ENGINES

 (Article 4(2) of Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry
 tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing
                                                              Directive 74/150/EEC)

|EC type-approval No(1) ..............................................................................................................    |
|Registered No(1)                                                                                                                         |
|.........................................................................................................................                |
|1.        |Trade name or mark of the vehicle .................................................................................           |
|2.        |Vehicle type                                                                                                                  |
|          |....................................................................................................................          |
|3.        |Manufacture’s name and address ....................................................................................           |
|          |..............................................................................................................................|
|          |...........                                                                                                                   |
|4.        |If applicable, name and address of manufacture’s representative...................................                            |
|          |..............................................................................................................................|
|          |...........                                                                                                                   |
|5.        |Emission levels                                                                                                               |
|5.1.      |At steady speeds                                                                                                              |
|          |Engine speed (rpm)       |Nominal flow G (litres/second)  |Limit absorption values (m-1)   |Measured absorption values (m-1)  |
|          |1. …………..                |………………....                      |………………....                      |……………….......                     |
|          |2. …………..                |………………....                      |………………....                      |……………….......                     |
|          |3. …………..                |………………....                      |………………....                      |……………….......                     |
|          |4. …………..                |………………....                      |………………....                      |……………….......                     |
|          |5. …………..                |………………....                      |………………....                      |……………….......                     |
|          |6. …………..                |………………....                      |………………....                      |……………….......                     |
|5.2.      |Under free acceleration                                                                                                       |
|5.2.1.    |Measured absorption value............................................... m-1                                                  |
|(1) Delete where inapplicable         |                                                                                                  |

[pic]

                                                                  _____________

                                            é 

                                                                     ANNEX XI

                                                                      Part A

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

|Council Directive 77/537/EEC                                           |                                                                |
|(OJ L 220, 29.8.1977, p. 38)                                           |                                                                |
|Council Directive 82/890/EEC                                    |only as regards the reference to Directive 77/537/EEC in Article|
|(OJ L 378, 31.12.1982, p. 45)                                   |1(1)                                                            |
|Directive 97/54/EC of the European Parliament and of the Council|only as regards the reference to Directive 77/537/EEC in the    |
|(OJ L 277, 10.10.1997, p. 24)                                   |first indent of Article 1                                       |

                                                                      Part B

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

|Directive                                   |Time-limit for transposition                |Date of application                           |
|77/537/EEC                                  |29 December 1978                            |                                              |
|82/890/EEC                                  |21 June 1984                                |                                              |
|97/54/EC                                    |22 September 1998                           |23 September 1998                             |

                                                                  _____________

                                                                    ANNEX XII

                                                                Correlation table

|Directive 77/537/EEC                                                |This Directive                                                      |
|Articles 1 - 5                                                      |Articles 1 - 5                                                      |
|Article 6(1)                                                        |-                                                                   |
|Article 6(2)                                                        |Article 6                                                           |
|-                                                                   |Articles 7 - 8                                                      |
|Article 7                                                           |Article 9                                                           |
|Annex I                                                             |Annex I                                                             |
|Annex I, point (1)                                                  |-                                                                   |
|Annex I, point (2)                                                  |Annex I, point (1)                                                  |
|Annex I, point (2.1)                                                |-                                                                   |
|Annex I, point (2.2)                                                |Annex I, point (1.1)                                                |
|Annex I, point (2.3)                                                |Annex I, point (1.2)                                                |
|Annex I, point (2.4)                                                |Annex I, point (1.3)                                                |
|Annex I, point (2.5)                                                |Annex I, point (1.4)                                                |
|Annex I, point (3)                                                  |Annex I, point (2)                                                  |
|Annex I, point (3.1)                                                |Annex I, point (2.1)                                                |
|Annex I, point (3.2)                                                |Annex I, point (2.2)                                                |
|Annex I, point (3.2.1)                                              |Annex I, point (2.2.1)                                              |
|Annex I, point (3.2.2)                                              |Annex I, point (2.2.2)                                              |
|Annex I, point (3.3)                                                |Annex I, point (2.3)                                                |
|Annex I, point (3a)                                                 |Annex I, point (3)                                                  |
|Annex I, point (4)                                                  |Annex I, point (4)                                                  |
|Annex I, point (4.1)                                                |-                                                                   |
|Annex I, point (4.2)                                                |-                                                                   |
|Annex I, point (4.3)                                                |-                                                                   |
|Annex I, point (4.4)                                                |Annex I, point (4.1)                                                |
|Annex I, point (4.5)                                                |Annex I, point (4.2)                                                |
|Annex I, point (4.6)                                                |Annex I, point (4.3)                                                |
|Annex I, point (5) - (5.4)                                          |Annex I, point (5) - (5.4)                                          |
|Annex I, point (6)                                                  |-                                                                   |
|Annex I, point (7)                                                  |Annex I, point (6)                                                  |
|Annex I, point (7.1)                                                |Annex I, point (6.1)                                                |
|Annex I, point (7.2)                                                |-                                                                   |
|Annex I, point (7.3)                                                |Annex I, point (6.2)                                                |
|Annex I, point (7.3.1)                                              |Annex I, point (6.2.1)                                              |
|Annex I, point (7.3.1.1)                                            |Annex I, point (6.2.1.1)                                            |
|Annex I, point (7.3.1.2)                                            |Annex I, point (6.2.1.2)                                            |
|Annex I, point (8)                                                  |-                                                                   |
|Annex I, point (9)                                                  |-                                                                   |
|Annexes II - X                                                      |Annexes II- X                                                       |
|–                                                                   |Annex XI                                                            |
|–                                                                   |Annex XII                                                           |

                                                                   ____________

                                                             -----------------------
[1]   COM(87) 868 PV.
[2]   See Annex 3 to Part A of the Conclusions.
[3]   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.
[4]   Annex XI, Part A of this proposal.
[5]   OJ C [...], [...], p. [...].
[6]   OJ C [...], [...], p. [...].
[7]   OJ L 220, 29.8.1977, p. 38. Directive as last amended by Directive 97/54/EC of the European Parliament  and  of  the  Council  (OJ  L  277,
      10.10.1997, p. 24).
[8]   OJ L 171, 9.7.2003, p. 1. Directive as amended by Council Directive 2004/66/EC (OJ L 168, 1.5.2004, p. 35).
[9]   See Annex XI, Part A.
[10]  The text of the Annexes is similar to that of Regulation No 24 of the UN Economic Commission for Europe; in particular the  breakdown  into
      items is the same. For this reason, where an item of Regulation No 24 has no counterpart in this Directive, its number is given in brackets
      as a token entry.
[11]  A test under free acceleration shall be carried out, particularly in order to provide a reference  figure  for  administrations  which  use
      this method to check vehicles in use.