CELEX: 51991PC0051
Language: en
Date: 1991-06-25
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 70/157/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE PERMISSIBLE SOUND LEVEL AND THE EXHAUST SYSTEM OF MOTOR VEHICLES

24. 7. 91                            Official Journal of the European Communities                            No C 193/3
                                                            II
                                                    (Preparatory Acts)
                                               COMMISSION
             Proposal for a Council Directive amending Directive 70/157/EEC on the approximation of the
             laws of the Member States relating to the permissible sound level and the exhaust system of
                                                      motor vehicles
                                                      (91/C 193/03)
                                              COM(91) 51 final — SYN 337
                                     (Submitted by the Commission on 28 June 1991)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        from the Commission was based on studies and research
                                                                concerning possible further legislative measures taking
                                                                account simultaneously of all the main aspects of
Having regard to the Treaty establishing the European           Community rules in the motor-vehicle sector, in
Economic Community, and in particular Article 100a              particular those relating to safety, environmental
thereof,                                                        protection and energy conservation;
Having regard to the proposal from the Commission,              Whereas the protection of the public against noise
                                                                pollution requires additional suitable measures to reduce
In cooperation with the European Parliament,                    still further the sound level of motor vehicles; whereas
                                                                such measures must take account of the technological
                                                                advances to be applied; whereas enough time must
Having regard to the opinion of the Economic and                consequently be allowed for their implementation after
Social Committee,                                               adoption of this Directive so that the technological
                                                                advances, at present at the prototype stage, can be
                                                                applied to series production; whereas the limit values
Whereas it is essential to adopt measures for gradual           currently applicable to heavy goods vehicles took effect
completion of the internal market by 31 December 1992;          on 1 October 1989;
whereas that market will cover a region without internal
frontiers where the free movement of persons, goods,
services and capital will be ensured;                           Whereas achievement of a significant and effective
                                                                reduction of such nuisances will require that the
                                                                differences between the measuring techniques in current
Whereas Council Directive 70/157/EEC ('), as last               use and the actual traffic conditions be reduced to the
amended by Directive 89/491/EEC (2), lays down limit            maximum extent possible; whereas certain types of tech-
values for the sound level of motor vehicles; whereas           nology cannot yet be verified and are not yet comparable
these limit values were reduced for the first time by           with those used hitherto in the type-approval procedures
Council Directive 77/212/EEC (3) and for the second             for motor vehicles;
time by Council Directive 84/424/EEC ( 4 ); whereas
these reductions were particularly severe in the case of
motor buses, motor coaches and lorries, amounting to            Whereas the current measuring conditions, and in
approximately 10 dB (A);                                        particular the definition of the surface of the test track
                                                                and certain ambient conditions during the tests, such as
                                                                temperature, atmospheric pressure, humidity, wind speed
Whereas the Council, in adopting Directive 84/424/EEC           and background noise require more detailed description;
amending Directive 70/157/EEC, had decided that the             whereas those closer details will be provided as soon as
provisions of the Directive would later be reviewed on a        possible by means of the procedure referred to in Article
proposal from the Commission; whereas the proposal               13 of Council Directive 70/156/EEC (5), as last
                                                                amended by Directive 87/403/EEC (6);
(') OJ No L 42, 23. 2. 1970, p. 16.
(2) OJ No L 238, 15. 8. 1989, p. 43.
(3) OJ No L 66, 12. 3. 1977, p. 33.                             (») OJ No L 42, 23. 2. 1970, p. 1.
(4) OJ No L 238, 6. 9. 1984, p. 31.                             (*) OJ No L 220, 8. 8. 1987, p. 44.
 ---pagebreak--- No C 193/4                            Official Journal of the European Communities                                24. 7. 91
Whereas, of the noise pollution emanating from vehicles,        incentives; whereas this implies that the Council should,
that caused by the tyres has proved to be particularly          by 1 October 1995, adopt the requirements for the
severe when the vehicles' speed exceeds 60 km/h;                second stage, for which the Commission will present a
whereas protecting the public effectively against noise         proposal before 31 March 1994;
pollution, particularly that caused by traffic in urban
areas, requires that two further stages be completed;
whereas the first stage, covered by this Directive, consists
                                                                Whereas to enable the European environment to obtain
in giving as much additional weight as possible to the
                                                                maximum benefit from these provisions and simulta-
current requirements for each category of vehicle
                                                                neously to ensure the unity of the market, it is necessary
without considering the noise created by the contact
                                                                to lay down stricter European standards based on total
between tyres and the road surface, since the appropriate
                                                                harmonization,
criteria for evaluating that type of noise are still very
poorly understood; whereas the second stage — in the
light of more detailed studies and research to be carried
out on the problems associated with and the technical
solutions for noise created by the contact between tyres        HAS ADOPTED THIS DIRECTIVE:
and the ground — will result in the establishment of
more realistic and reproducible criteria and methods for
determining this important type of noise pollution and
                                                                                          Article 1
for laying down the relevant requirements to be
complied with;                                                  The Annexes to Directive 70/157/EEC            are hereby
                                                                 replaced by the Annexes to this Directive.
Whereas completion of the first stage requires that                                       Article 2
Annex I to Directive 70/157/EEC be amended by
reducing the sound-level values expressed in decibels (dB        1.    With effect from 1 January 1993, Member States
(A)) for each category of vehicle referred to in the said        may not, on grounds relating to the permissible sound
Annex and by improving the test method for high-                 level and the exhaust systems:
powered vehicles; whereas this type of vehicle is
increasingly being designed so as to produce a higher
ratio between engine power and vehicle mass and the             — refuse, in respect of a type of motor vehicle, to grant
curve representing the torque as a function of engine                EEC type-approval, to issue the document referred to
speed has been modified to produce greater motive force              in the last indent of Article 10 (1) of Directive
at low engine speed; whereas these new designs conse-                70/156/EEC, or to grant national type-approval, or
quently give rise to greater use of gear ratios in urban
traffic and have a major influence on the noise emitted
by the mechanical parts as compared with road noise;
                                                                — prohibit the entry into service of vehicles,
whereas account has been taken of these new designs by
modifying the measuring technique for this type of
vehicle, due allowance having been made for the speed
of approach to the acceleration section where the sound          if the sound level and the exhaust system of this type of
level is to be measured;                                         vehicle or of these vehicles comply with the provisions of
                                                                 Directive 70/157/EEC as amended by this Directive.
                                                                 2.     With effect from 1 October 1994, Member States:
Whereas, in view of the many different types of tyre and
 road surface already existing, it is not yet possible to
 control the sound emissions produced by the interaction
between tyres and roadway; whereas it is consequently            — may no longer grant EEC type-approval or issue the
 necessary to perform studies and research so as to be                document referred to in the last indent of Article
 able to establish criteria to be met by tyres and define a           10 (1) of Directive 70/156/EEC in respect of a type
 specific numerical value for the type-approval of motor              of motor vehicle,
vehicles; whereas the results of such studies and research
will enable introduction of further requirements in
 addition to measures covering noise of mechanical               — must refuse to grant national type-approval in respect
 source, at a second stage;                                           of a type of motor vehicle,
Whereas Member States should be allowed to advance               of which the sound level and the exhaust system do not
the authorization for introduction of vehicles which             comply with the requirements set out in the Annexes to
 satisfy the Community standards, by means of tax                 Directive 70/157/EEC as amended by this Directive.
 ---pagebreak--- 24. 7. 91                              Official Journal of the European Communities                            No C 193/5
3. With effect from 1 October 1995, Member States                                         Article 4
shall prohibit the initial entry into service of vehicles of
which the sound level and the exhaust systems do not              1. Specific details on the measuring conditions,
comply with the requirements set out in the Annexes to           including a definition of the surface of the test track,
Directive 70/157/EEC as amended by this Directive.               shall be supplied as soon as possible via the procedure
                                                                 referred to in Article 13 of Directive 70/156/EEC.
                          Article 3
                                                                 2. Subsequent measures intended, in particular, to
Member States may make provision for tax incentives in           limit the noise arising from contact between tyres and
respect of the vehicles covered by this Directive. Such          the road surface shall be decided upon before 1 October
incentives must comply with the provisions of the Treaty          1995 the Council, acting by a qualified majority on the
and, in addition, must meet the following conditions:            basis of a proposal from the Commission, which shall
                                                                 take account of the studies and research to be performed
— they must apply to all nationally-manufactured motor           on this source of noise, and will be presented before 31
     vehicles and all imported vehicles offered for sale on      March 1994.
     the market of a Member State and equipped with
     systems which make for early compliance with the
     requirements of this Directive that would have to be                                 Article 5
     met in 1994,
                                                                 Member States shall bring into force the laws, regu-
— they shall be terminated with effect from the                  lations and administrative provisions necessary to comply
     mandatory application of the sound level values laid        with this Directive not later than 1 October 1992. They
     down in Article 2 (3) for new vehicles,                     shall forthwith inform the Commission thereof.
— in respect of each type of vehicle, they must represent        When Member States adopt these provisions, these shall
     an amount substantially below the actual cost of the        contain a reference to this Directive or shall be accom-
     systems introduced to ensure compliance with the            panied by such reference at the time of their official
     established values and of their installation on the         publication. The procedure for such reference shall be
     vehicle.                                                    adopted by Member States.
To enable the Commission to put forward its comments,
it must be informed in good time of plans to institute or
                                                                                          Article 6
change tax incentives such as those referred to in the
first paragraph of this Article.                                 This Directive is addressed to the Member States.
 ---pagebreak--- N o C 193/6                                     Official Journal of the European Communities                                      24. 7. 91
                                                                        ANNEX I
              EEC TYPE-APPROVAL IN RESPECT OF THE SOUND LEVEL OF A TYPE OF MOTOR VEHICLE
1.                      DEFINITIONS
                        For the purposes of this Directive:
1.1.                    Type of vehicle
                        means vehicles which do not differ essentially as regards the following parts:
1.1.1.                  the shape or materials of the bodywork (particularly the engine compartment and its soundproofing);
1.1.2.                  the length and width of the vehicle;
1.1.3.                  the type of engine (positive or compression ignition, two- or four-stroke, reciprocating or rotary piston, number
                        and capacity of cylinders, number and type of carburettors or injection systems, arrangement of valves, rated
                        maximum power and corresponding engine speed(s));
1.1.4.                  the transmission system, the gear ratio in which the test is performed and the relevant overall ratio(s);
1.1.5.                  the number, type and arrangement of the exhaust systems;
1.1.6.                  the number, type and arrangement of the intake systems.
1.1.7.                  Notwithstanding the provisions of items 1.1.2 and 1.1.4, vehicles other than those in categories M, and Nj (')
                        having the same type of engine and/or different overall gear ratios, may be regarded as vehicles of the same type.
                        However, if the above differences provide for a different test method, these differences are to be considered as a
                        change of type.
1.2.                    Exhaust and intake systems
1.2.1.                  Exhaust systems
                        means a complete set of parts necessary to reduce the noise produced by the vehicle's engine exhaust.
1.2.2.                   Intake systems
                         means a complete set of parts necessary to reduce the noise produced by the vehicle's engine intake.
1.2.3.                   For the purposes of this Directive, these systems do not include the manifolds.
1.3.                     Different types of exhaust or intake system
                         means systems characterized by fundamental differences, such as the following:
1.3.1.                   systems bearing different trade marks or trade names;
1.3.2.                   systems in which the characteristics of the materials of a component differ, or in which the components are of
                         different shape or size; a change in the plating procedure (galvanization, aluminium coating, etc.) is not deemed
                        to produce a difference of type;
(') In accordance with the definition given in item 0.4 of Annex I to Directive 70/156/EEC.
 ---pagebreak--- 24.7.91                       Official Journal of the European Communities                                         No C 193/7
1.3.3.  systems in which the operating principles of at least one component differ;
1.3.4.  systems in which the components are combined differently.
1.4.    Component of an exhaust or an intake system
        means one of the separate components which together form the exhaust system (e.g. exhaust pipes, the silencer
        proper) or the intake system (e.g. air filter).
1.5.    Overall gear ratio
        means the number of turns made by the engine per each turn of the driving wheels.
2.      APPLICATION FOR EEC TYPE-APPROVAL
2.1.    The application for EEC type-approval in respect of the sound level of a type of motor vehicle must be submitted
        by the manufacturer of the vehicle or his authorized representative.
2.2.    It must be accompanied by the undermentioned documents in triplicate and the following information:
2.2.1.  a description of the type of vehicle with reference to the points mentioned in item 1.1. The numbers and/or
        symbols identifying the engine type and vehicle type must be indicated;
2.2.2.  a list, with appropriate identification, of the component parts of the exhaust and intake systems;
2.2.3.  a drawing of the entire exhaust system with an indication of its position on the vehicle;
2.2.4.  a detailed drawing of each component so that it can be easily located and identified, and an indication of the
        materials used.
2.3.    A vehicle representative of the type in respect of which type-approval is sought must be submitted to the technical
         service responsible for the tests by the vehicle manufacturer or his authorized representative.
2.3.1.   In the case of item 1.1.7 the single vehicle, representative of the type in question , will be selected by the technical
         service conducting approval tests, in accordance with the vehicle manufacturer, as that with the lowest mass in
         running order with the shortest length and following the specification laid down in item 5.2.2.4.3.3.1.2.
2.4.     At the request of the technical service, a specimen of the exhaust system and an engine of at least the same
         cylinder capacity and rated maximum power as that fitted to the vehicle in respect of which type-approval is
         sought must also be submitted.
2.5.     The competent authority shall verify the existence of satisfactory arrangements for ensuring effective control of
         the conformity of production before type approval is granted.
3.       MARKINGS
3.1.     The exhaust and intake system components, excluding fixing hardware and pipes, must bear:
3.1.1.   the trade mark or name of the manufacturer of the systems and their components;
3.1.2.   the manufacturer's trade description.
3.2.     These markings must be clearly legible and indelible.
 ---pagebreak---  No C 193/8                                      Official Journal of the European Communities                                                       24. 7. 91
 4.                       EEC TYPE-APPROVAL
 4.1.                     If an application within the meaning of item 2.1 is approved, the competent authority will draw up a certificate,
                          corresponding to the type which appears in Annex III, to be attached to the EEC vehicle type-approval certificate.
 5.                       SPECIFICATIONS
 5.1.                     General specifications
 5.1.1.                   The vehicle, its engine and exhaust and intake systems must be designed, constructed and mounted such that,
                          under normal conditions of use and notwithstanding the vibrations to which they may be subject, the vehicle
                          satisfies the requirements of this Directive.
 5.1.2.                   The systems must be designed, constructed and mounted so that reasonable resistance to the corrosion phenomena
                          to which they are exposed is obtained having regard to the conditions of use of the vehicle.
 5.2.                     Specifications relating to sound levels
 5.2.1.                   Method of measurement
5.2.1.1.                  The sound emitted by the type of vehicle submitted for EEC type-approval must be measured in accordance with
                          each of the two methods described in item 5.2.2.4 in the case of moving vehicles and item 5.2.3.4 in the case of
                          stationary vehicles, respectively (').
                          Vehicles having a maximum permissible mass exceeding 2 800 kg must be subjected to an additional measurement
                          of the compressed air noise with the vehicle stationary in accordance with item 5.4, if corresponding brake
                          equipment is part of the vehicle.
5.2.1.2.                  The values measured as specified in item 5.2.1.1, above, must be recorded in the test report and in a certificate
                          corresponding to the model shown in Annex III.
5.2.2.                    Sound level of moving vehicles
5.2.2.1.                  Limiting values
                          The sound level measured in accordance with items 5.2.2.2 to 5.2.2.5, inclusive, of this Annex shall not exceed the
                          following limits:
                                                                                                                                         Values expressed
                                                                        Vehicle categories                                                  in dB (A)
                                                                                                                                          (decibels (A))
5.2.2.1.1.                Vehicles intended for the carriage of passengers, and comprising not more than nine
                          seats including the driver's seat                                                                                     74
5.2.2.1.2.                Vehicles intended for the carriage of passengers and equipped with more than nine
                          seats, including the driver's seat; and having a maximum permissible mass of more than
                          3,5 tonnes and:
5.2.2.1.2.1.              with an engine power of less than 150 kW                                                                              78
5.2.2.1.2.2.              with an engine power of not less than 150 kW                                                                          80
5.2.2.1.3.                Vehicles intended for the carriage of passengers and equipped with more than nine
                          seats including the driver's seat; vehicles intended for the carriage of goods:
5.2.2.1.3.1.              with a maximum permissible mass not exceeding 2 tonnes                                                                76
5.2.2.1.3.2.              with a maximum permissible mass exceeding 2 tonnes but not exceeding 3,5 tonnes                                       77
5.2.2.1.4.                Vehicles intended for the carriage of goods and having a maximum permissible mass
                          exceeding 3,5 tonnes:
5.2.2.1.4.1.              with an engine power of less than 75 kW                                                                               77
5.2.2.1.4.2.              with an engine power of not less than 75 kW but less than 150 kW                                                      78
5.2.2.1.4.3.              with an engine power of not less than 150 kW                                                                          80
(') A stationary vehicle test is conducted in order to establish a reference value for the authorities which employ this method for the inspection of vehicles
    in service.
 ---pagebreak--- 24. 7. 91                         Official Journal of the European Communities                                    No C 193/9
           However:
           — for vehicles of categories 5.2.2.1.1 and 5.2.2.1.3, the limit values shall be increased by 1 dB (A) if they are
               equipped with a direct injection diesel engine,
           — for vehicles with a maximum permissible mass of over two tonnes designed for off-road use, the limit values
               are increased by 1 dB (A) if their engine power is less than 150 kW and 2 dB (A) if their engine power is equal
               to or greater than 150 kW.
5.2.2.2.   Measuring instruments
5.2.2.2.1. Acoustic measurements
           The apparatus used for measuring the noise level must be a precision sound-level meter of the type described in
           Publication 179 'Precision sound level meters', second edition, of the International Electrotechnical Commission
           (IEC). Measurements must be carried out using the 'fast' response of the sound-level meter and the 'A' weighting
           curve which are also described in that publication.
           At the beginning and end of each set of measurements, the sound-level meter must be calibrated according to the
           manufacturer's instructions by means of an appropriate sound source (e.g. a pistonphone). The test must be
           considered invalid if the sound-level meter errors registered during this calibration exceed 1 dB.
5.2.2.2.2. Speed measurements
           The engine speed and vehicle speed on the test section shall be determined with an accuracy of 3 % or better.
5.2.2.3.   C o n d i t i o n s of m e a s u r e m e n t
5.2.2.3.1. Test site
           The test site must consist of a central acceleration section surrounded by a substantially flat test area. The test
           acceleration section must be level; the track surface must be dry and such that rolling noise remains low.
           The test track must be such that the conditions of a free sound field between the sound source and the
           microphone are attained to within 1 dB. This conditions shall be deemed to be met if there are no large sound-
           reflecting objects such as fences, rocks, bridges or buildings within 50 m of the centre of the acceleration section.
           The surface of the site must be made of hard materials such as concrete, asphalt or any other acoustically equi-
           valent material within a minimum radius of 10 m around the centre of the acceleration section and be free of
           powdery snow, tall grass, loose soil or cinders.
           There must be no obstacle which could affect the sound field within the vicinity of the microphone and no persons
           shall stand between the microphone and the sound source. The observer carrying out the measurements must so
           position himself as not to affect the readings of the measuring instrument.
5.2.2.3.2. Meteorological conditions
           Measurements must not be made in poor atmospheric conditions. It must be ensured that the results are not
           affected by gusts of wind.
5.2.2.3.3. Ambient noise
           For measurements, the A-weighted sound level of sound sources other than those of the vehicle to be tested and
           of wind effects must be at least 10 dB (A) below the sound level produced by the vehicle. A suitable windscreen
           may be fitted to the microphone provided that account is taken of its effect on the sensitivity and directional
           characteristics of the microphone.
5.2.2.3.4. Condition of vehicle
           For these measurements, the vehicle must be in running order as defined in item 2.6 of Annex I to Directive
           70/156/EEC and, except in the case of vehicles which cannot be uncoupled, without trailer or semi-trailer.
 ---pagebreak--- No C 193/10                        Official Journal of the European Communities                                           24. 7. 91
             The vehicle's tyres must be of the type normally fitted to such vehicles by the manufacturer and must be inflated
             to the appropriate pressure(s) for the unladen vehicle.
             Before the measurements are made, the engine must be brought to its normal operating condition as regards
             temperatures, settings, fuel, spark plugs, carburettor(s), etc. (as appropriate). If the vehicle is fitted with fan(s)
             having an automatic actuating mechanism, this system must not be interfered with during the measurements.
             Only the normal highway drive must be engaged in vehicles with more than two drive wheels.
5.2.2.4.     M e t h o d of   measurement
5.2.2.4.1.   Nature and number of measurements
             The maximum sound level expressed in A-weighted decibels (dB (A)) shall be measured as the vehicle is driven
             between lines AA' and BB' (Figure 1). The measurement shall be invalid if an abnormal discrepancy between the
             peak value and the general sound level is recorded.
             At least two measurements must be taken on each side of the vehicle.
5.2.2.4.2.   Positioning of the microphone
             The microphone must be located at a distance of 7,5 ± 0,2 m from the reference line C C (Figure 1) of the track
             and 1,2 ± 0 , 1 m above the ground. Its axis of maximum sensitivity must be horizontal and perpendicular to the
             path of the vehicle (line C C ) .
5.2.2.4.3.   Conditions of operation
5.2.2.4.3.1. General conditions
             For all measurements, the vehicle must be driven in a straight line over the acceleration section in such a way that
             the longitudinal median plane of the vehicle is as close as possible to the line C C .
             The vehicle must approach the line AA' at a steady initial road speed as specified in items 5.2.2.4.3.2 and
             5.2.2.4.3.3. When the front end of the vehicle has reached the line AA', the accelerator control shall be fully
             operated as rapidly as practicable and held in the fully opened position until the rear of the vehicle reaches the line
             BB'; the accelerator control must be released as quickly as possible.
             The trailers of articulated vehicles which cannot be uncoupled must not be taken into account as regards the
             crossing of line BB'.
5.2.2.4.3.2. Approach speed
             The vehicle must approach the line AA' at a steady speed corresponding to the lowest of the following three
             speeds:
             — 50 km/h,
             — the speed corresponding to an engine speed equal to three-quarters of the speed, S, at which the engine
                 develops its rated maximum power, in the case of vehicles of category M! and in the case of vehicles of the
                 other categories having an engine power not greater than 225 kW,
             — the speed corresponding to an engine speed equal to half the speed, S, at which the engine develops its rated
                 maximum power, in the case of vehicles not belonging to category M t having an engine power greater than
                 225 kW.
             However, if in the case of vehicles equipped with an automatic transmission having more than two discrete ratios
             there is a change-down to first gear during the test, the manufacturer may select either of the following test
             procedures:
             — the speed, V, of the vehicle shall be increased to a maximum of 60 km/h in order to avoid such a
                 change-down, or
 ---pagebreak--- 24. 7. 91                                      Official Journal of the European Communities                                   No C 193/11
                         — the speed, V, shall remain at 50 km/h and the fuel supply to the engine shall be limited to 95 % of the supply
                              necessary for full lead. This condition is considered to be satisfied:
                             — in the case of a spark-ignition engine, when the angle of the throttle opening is 90 %, and
                             — in the case of a compression-ignition engine, when the movement of the central rack of the injection pump
                                 is limited to 90 % of its travel.
                         If the vehicle is equipped with an automatic transmission which has no manual override, it must be tested at
                         different approach speeds, namely 30, 40, and 50 km/h, or at three-quarters of maximum road speed if this value
                         is lower. The test result shall be that obtained at the speed which produces the maximum sound level.
5.2.2.4.3.3.             Choice of gear ratios (in vehicles fitted with gearboxes)
5.2.2.4.3.3.1.           Manually-operated, non-automatic gearbox
5.2.2.4.3.3.1.1.         Vehicles in categories Mx and Nj equipped with a manually operated gearbox having not more than four forward
                         gear ratios must be tested in second gear.
                         Vehicles in these categories equipped with a manually operated gearbox having more than four forward gear
                         ratios must be tested in second and third gears successively. Only overall gear ratios intended for normal road use
                         shall be considered. The arithmetic mean of the sound levels recorded for each of these two conditions shall be
                         calculated.
                         If during the test in second gear, the engine speed exceeds the engine speed, S, at which the engine develops its
                         rated maximum power, the test shall be repeated with an approach speed and/or approach engine speed reduced
                         by steps of 5 % of S until the engine speed attained, no longer exceeds S.
                         However, the vehicles in category M{ having more than four forward gears and equipped with an engine
                         developing a maximum power greater than 140 kW, and whose permissible maximum-power/maximum-mass ratio
                         exceeds 75 kW/t, may be tested in third gear only, provided that the speed at which the rear of the vehicle passes
                         the line BB' in third gear is greater than 61 km/h.
5.2.2.4.3.3.1.2.         Vehicles other than those in categories M, and N, in which the total number of forward gear ratios is x (including
                         the ratios obtained by means of an auxiliary gearbox or a multiple-ratio drive axle) must be tested using, in turn,
                         ratios equal to or higher than x/n (') (2).
                         The test result will be that obtained from the ratio producing the maximum sound level.
                         Shifting up gears from x/n shall be terminated in that gear X where the engine speed, S, at which the engine
                         develops its rated maximum power is for the last time reached when passing the line BB'.
                         In the case of vehicles having different overall gear ratios (including a different number of gears) the representa-
                         tivity of the type by the test vehicle is determined as follows:
                         — if the highest sound level is obtained between the ratios x/n and X the vehicle selected shall be deemed
                              representative of its type,
                         — if the highest sound level is obtained at ratio x/n the vehicle selected shall be deemed representative of its type
                              only for those vehicles which have a lower overall gear ratio at x/n,
                         — if the highest sound level is obtained at ratio X the vehicle selected shall be deemed representative of its type
                              only for those vehicles which have a higher overall gear ratio at X.
5.2.2.4.3.3.2.           Automatic transmission equipped with manual override
                         The test shall be conducted with the selector in a position recommended by the manufacturer for 'normal' driving.
                         External downshifts (e.g. kick down) shall be put out of operation.
(') Where: n = 2 for vehicles having an engine power not greater than 225 kW;
             n = 3 for vehicles having an engine power greater than 225 kW.
(2) If x/n does not correspond to a whole number, the nearest higher ratio must be used.
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5.2.2.5.      I n t e r p r e t a t i o n of r e s u l t s
5.2.2.5.1.    To take account of inaccuracies in the measuring instruments, the result obtained from each measurement shall be
              determined by deducting 1 dB (A) from the meter reading.
5.2.2.5.2.    The measurements shall be considered valid if the difference between two consecutive measurements on the same
              side of the vehicle does not exceed 2 dB (A).
5.2.2.5.3.    The highest sound level measured shall constitute the test result. Should the result exceed the maximum
              permissible sound level for the category of vehicle tested by 1 dB (A), two further measurements shall be made.
              Three of the four measurements thus obtained must fall within the prescribed limits.
5.2.3.        Sound level of the stationary vehicle
5.2.3.1.      S o u n d level in t h e v i c i n i t y of v e h i c l e s
              In order to facilitate subsequent checks on vehicles in use, the sound level must be measured close to the exhaust
              system outlet in accordance with the following requirements and the measurement results entered in the test report
              drawn up for the purpose of issuing the certificate referred to in Annex III.
5.2.3.2.      Measuring instruments
5.2.3.2.1.   Acoustic measurements
             A precision sound-level meter as defined in item 5.2.2.2.1 must be used for the measurements.
5.2.3.2.2.    Measurement of engine speed
             The engine speed shall be determined by means of a tachometer having an accuracy of 3 °/o or better. The
             tachometer must be a separate one from the one of the vehicle.
5.2.3.3.     C o n d i t i o n s of m e a s u r e m e n t
5.2.3.3.1.   Test site (Figure 2)
             Any area not subject to significant acoustic disturbance may be used as a test site. Flat surfaces which are covered
             in concrete, asphalt or any other hard surfacing and possess a high degree of reflectivity are particularly suitable;
             surfaces consisting of earth which has been tamped down must not be used.
             The test site must be in the form of a rectangle, the sides of which are at least 3 m from the sides of the vehicle.
             This rectangle must not contain any significant obstacles, e.g. an individual other than the observer and the driver.
             The vehicle must be positioned within the abovementioned rectangle so that the microphone is at least 1 m from
             any kerbstone.
5.2.3.3.2.   Meteorological conditions
             Measurements must not be made in poor atmospheric conditions. It must be ensured that the results are not
             affected by gusts of wind.
5.2.3.3.3.   Ambient noise
             Readings on the measuring instruments produced by ambient noise and wind must be at least 10 dB (A) below the
             sound level to be measured. A suitable windscreen may be fitted to the microphone provided that account is taken
             of its effect on the sensitivity of the microphone.
5.2.3.3.4.   Condition of the vehicle
             The vehicle engine must be brought to normal running temperature before measurements commence. If the vehicle
             is fitted with fan(s) having an automatic actuating mechanism, this system shall not be interfered with during the
             sound-level measurements.
             During measurements, the gear lever must be in the neutral position.
 ---pagebreak--- 24. 7. 91                       Official Journal of the European Communities                                     No C 193/13
5.2.3.4.   M e t h o d of m e a s u r e m e n t
5.2.3.4.1. Nature and number of measurements
           The maximum sound level expressed in A-weighted decibels (dB (A)) must be measured during the operating
           period referred to in item 5.2.3.4.3.
           At least three measurements must be taken at each measuring point.
5.2.3.4.2. Position of the microphone (Figure 2)
           The microphone must be located level with the exhaust outlet or 0,2 m above the test-track surface, whichever is
           the higher. The microphone diaphragm must face the exhaust outlet at a distance of 0,5 m from the latter. The
           axis of maximum sensitivity of the microphone must be parallel to the track surface at an angle of 45° ± 10° to
           the vertical plane defined by the direction in which the exhaust gases are emitted.
           The microphone must be positioned to the side of this vertical plane which gives the greatest possible distance
           between the microphone and the vehicle contour.
           If the exhaust system has several outlets, the centres of which are not more than 0,3 m apart, and which are
           connected to the same silencer, the microphone must face the outlet closest to the vehicle contour or the outlet
           which is the highest above the track surface. In all other cases separate measurements must be taken at each of
           them, the highest figure recorded being taken as the test value.
           In the case of vehicles fitted with a vertical exhaust outlet (e.g. commercial vehicles), the microphone must be
           positioned at the level of the exhaust outlet, facing upwards with its axis vertical. It must be positioned at a
           distance of 0,5 m from the side of the vehicle closest to the exhaust outlet.
           Where the design of the vehicle is such that the microphone cannot be located as shown in Figure 2 because of the
           presence of obstacles which form part of the vehicle (e.g. spare wheel, fuel tank, battery compartment), a drawing
           clearly indicating the position for the microphone must be made when the measurement is conducted. As far as
           possible, the microphone must be more than 0,5 m from the nearest obstacle, and its axis of maximum sensitivity
           must face the exhaust outlet from the position least concealed by the above mentioned obstacles.
5.2.3.4.3. Conditions of engine operation
           Engine speed must be stabilized at three-quarters of the speed (S) at which the engine develops rated maximum
           power.
           When constant engine speed is reached, the throttle must be rapidly returned to the idling position. The sound
           level must be measured over an operating period comprising brief maintenance of constant engine speed and the
           entire deceleration period, the maximum sound-level meter reading being taken as the test result.
5.2.3.5.   Results (test report)
5.2.3.5.1. The test report drawn up for the purpose of issuing the certificate referred to in Annex III shall indicate all
           relevant data, particularly those used in measuring the sound of the stationary vehicle.
5.2.3.5.2. Readings, rounded off to the nearest decibel, shall be taken from the measuring instrument.
           Only those values obtained from three consecutive measurements which do not differ by more than 2 dB (A)
           respectively will be taken into consideration.
5.2.3.5.3. The highest of these three values shall constitute the test results.
5.3.       Exhaust systems containing fibrous materials
5.3.1.     Fibrous materials shall not be used in the construction of silencers unless suitable measures are undertaken at the
           design or production stages to ensure that the efficiency required to comply with the limits imposed in item 5.2.2.1
           is achieved on the road. Such a silencer shall be considered to be efficient on the road if the exhaust gases are not
           in contact with the fibrous materials or if the silencer of the prototype vehicle tested in accordance with the
           requirements of items 5.2.2 and 5.2.3 has been put into a normal state for road use before the sound-level
           measurements are taken. This can be achieved by using one of the three tests described in items 5.3.1.1, 5.3.1.2
           and 5.3.1.3, below, or by removing the fibrous materials from the silencer.
 ---pagebreak--- N o C 193/14                          Official J o u r n a l of the E u r o p e a n Communities                      24. 7. 91
5.3.1.1.     C o n t i n u o u s r o a d o p e r a t i o n f o r 10 0 0 0 k m
5.3.1.1.1.   About half this operation shall consist of town driving and the other half of long-distance runs at high speed;
             continuous road operation can be replaced by a corresponding test-track programme.
5.3.1.1.2.   The two speed regimes must be alternated on several occasions.
5.3.1.1.3.   The complete test programme must include a minimum of 10 breaks of at least three-hours duration in order to
             reproduce the effects of cooling and any condensation which may occur.
5.3.1.2.     C o n d i t i o n i n g on a test bench
5.3.1.2.1.   Using standard parts and observing the vehicle manufacturer's instructions, the silencer must be fitted to the
             engine, which is coupled to a dynamometer.
5.3.1.2.2.   The test must be conducted in six six-hour periods with a break of at least 12 hours between each period in order
             to reproduce the effect of cooling any condensation which may occur.
5.3.1.2.3.   During each six-hour period, the engine shall be run under the following conditions in turn:
             1. five minutes at idling speed;
             2. one-hour sequence under 'A load at 3A of rated maximum speed (S);
             3. one-hour sequence under Vi load at 3A of rated maximum speed (S);
             4. 10-minute sequence under full load at 3A of rated maximum speed (S);
             5. 15-minute sequence under Vi load at rated maximum speed (S);
             6. 30-minute sequence under VA load at rated maximum speed (S).
             Total duration of the six sequences: three hours.
             Each period must comprise two sets of the six abovementioned sequences.
5.3.1.2.4.   During the test, the silencer must not be cooled by a forced draught simulating normal airflow around the vehicle.
             Nevertheless, at the request of the manufacturer, the silencer may be cooled in order not to exceed the
             temperature recorded at its inlet when the vehicle is running at maximum speed.
5.3.1.3.     C o n d i t i o n i n g by pulsation
5.3.1.3.1.   The exhaust system or components thereof must be fitted to the vehicle referred to in item 2.3 or the engine
             referred to in item 2.4. In the former case the vehicle must be mounted on a roller dynamometer. In the second
             case, the engine must be mounted on a dynamometer.
             The test apparatus, a detailed diagram of which is shown in Figure 3, must be fitted at the outlet of the exhaust
             system. Any other apparatus providing equivalent results is acceptable.
5.3.1.3.2.   The test apparatus must be adjusted in such a way that the exhaust-gas flow is alternately interrupted and
             re-established by the quick-action valve for 2 500 cycles.
5.3.1.3.3.   The valve must open when the exhaust-gas back pressure, measured at least 100 mm downstream of the intake
             flange, reaches a value of between 0,35 and 0,40 bar. It must close when this pressure does not differ by more
             than 10 % from its stabilized value with the valve open.
 ---pagebreak--- 24. 7. 91                       Official Journal of the European Communities                                   N o C 193/15
5.3.1.3.4. The time-delay switch shall be set for the duration of gas exhaust resulting from the provisions laid down in item
           5.3.1.3.3 above.
5.3.1.3.5. Engine speed must be 75 % of the speed (S) at which the engine develops maximum power.
5.3.1.3.6. The power indicated by the dynamometer must be 50 % of the full-throttle power measured at 75 % of engine
           speed (S).
5.3.1.3.7. Any drainholes must be closed off during the test.
5.3.1.3.8. The entire test must be completed within 48 hours.                y
           If necessary, one cooling period will be observed after each hour.
5.3.2.     If the provisions of Article 8 (3) of Directive 70/156/EEC concerning EEC type-approval are to be applied, the
           test method set out in item 5.3.1.2 above must be employed.
5.4.       Compressed air noise
5.4.1.     Method of measurement
           The measurement is performed at microphone positions 2 and 6 according to Figure 4, with the vehicle stationary.
           The highest A-weighted noise levels are registered during venting the pressure regulator and during ventilating
           after the use of both the service and parking brakes.
           The noise during venting the pressure regulator is measured with the engine at idling speed.
           The ventilating noise is registered while operating the service and parking brakes; before each measurement, the
           air-compressor unit has to be brought up to the highest permissible operating pressure, and then the engine
           switched off.
5.4.2.     Evaluation of the results
           For all microphone positions two measurements are taken. In order to compensate for inaccuracies of the
           measuring equipment, the meter reading is reduced by 1 dB (A), and the reduced value is taken as the result of
           measurement. The results are taken as valid if the difference between the measurements at one microphone
           position does not exceed 2 dB (A).
           The highest value measured is taken as the test result. If this value exceeds the noise limit by 1 dB (A), two
           additional measurements are to be taken at the corresponding microphone position. In this case three out of the
           four results of measurement have to comply with the noise limit.
5.4.3.     Limiting value
           The sound level shall not exceed the limit of 72 dB (A).
6.         EXTENSION OF EEC TYPE-APPROVAL
6.1.       Vehicle types modified to run on unleaded petrol
6.1.1.     Approval of a vehicle type modified and/or adjusted solely for the purpose of making it capable of running on
           unleaded petrol, as specified in Directive 85/210/EEC, shall be extended when the manufacturer certifies, subject
           to the approval of the authority granting type approval, that the sound level for the modified vehicle shall not
           exceed the limiting values specified in item 5.2.2.1.
6.2.       Vehicle types modified for any other purpose
6.2.1.     Approval of a vehicle type may be extended to vehicle types differing with regard to the characteristics listed in
           Annex III if the authority granting type approval considers that the modifications made are not likely to have any
           substantial adverse effect on the sound level of the vehicle.
 ---pagebreak--- N o C 193/16                      Official Journal of the European Communities                                           24. 7. 91
7.            CONFORMITY OF P R O D U C T I O N
7.1.          Every vehicle manufactured following the requirements of this Directive shall conform to the vehicle type
              approved, and satisfy the requirements of item 5.
7.2.          In order to verify that the requirements of item 7.1 are met, suitable controls of the production shall be carried
              out.
7.3.         The holder of the approval shall in particular:
7.3.1.        ensure existence of procedures for the effective control of the quality of products;
7.3.2.        have access to the control equipment necessary for checking the conformity of each approved type;
7.3.3.       ensure that data of test results are recorded and that annexed documents shall remain available for a period to be
             determined in accordance with the administrative service;
7.3.4.       analyse the results of .each type of test, in order to verify and ensure the stability of the product characteristics
             making allowance for variation of an industrial production;
7.3.5.       ensure that for each type of product at least the tests prescribed in Annex V, point I, are carried out;
7.3.6.       ensure that any sampling or test pieces giving evidence of non-conformity with the type of test considered shall
             give rise to another sampling and another test. All the necessary steps shall be taken to re-establish the conformity
             of the corresponding production.
7.4.         The competent authority which has granted type-approval may at any time verify the conformity control method
             applicable to each production unit.
7.4.1.       In every inspection the test books and production survey records shall be presented to the visiting inspector.
7.4.2.       The inspector may take samples at random which will be tested in the manufacturer's laboratory. The minimum
             number of samples may be determined according to the results of the manufacturer's own verification.
7.4.3.       When the quality level appears unsatisfactory or when it seems necessary to verify the validity of the tests carried
             out in application of item 7.4.2 the Inspector shall select samples to be sent to the technical service which has
             conducted the type approval tests.
7.4.4.       The competent authority may carry out any test prescribed in Annex I.
7.4.5.       The normal frequency of inspections by the competent authority shall be one every two years. If unsatisfactory
             results are recorded during one of these visits, the competent authority shall ensure that all necessary steps are
             taken to re-establish the conformity of production as rapidly as possible.
 ---pagebreak--- 24 7 91       Official Journal of the European Communities            No C 193/17
                                    Figure I
         Microphone positions for the measurement of a moving vehicle
                                ,,       c
                       10m
                      7,5 m      v             7,5 m
            0-
        Microphone
                                                          -0
                                                          Microphone
                       10m
                                 T       C
                                    u
                                    ;ee-
                                    Li-
 ---pagebreak--- No C 193/18              Official Journal of the European Communities                      24 7. 91
                                                Figure 2
            Test site and microphone positions for the measurement of a stationary vehicle
                                   All distances are given in metres
 ---pagebreak--- 24. 7. 91                          Official Journal of the European Communities                             No C 193/19
                                                          Figure 3
                                        Test apparatus for conditioning by pulsation
          © Inlet flange or sleeve for connection to the rear of the test exhaust system.
          © Hand-operated regulating valve.
          ® Compensating reservoir having a capacity of 35 to 40 litres.
          © Pressure switch with an operating range of 0,05 to 2,5 bar.
          © Time delay switch.
          © Impulse counter.
          © Quick response valve, such as exhaust brake valve 60 mm in diameter, operated by a pneumatic
            cylinder with an output of 120 N at 4 bar. The response time, both when opening and closing, must
            not exceed 0,5 seconds.
          © Exhaust gas evacuation.
          © Flexible pipe.
            Pressure gauge.
 ---pagebreak--- No C 193/20                           Official Journal of the European Communities                               24 7 91
                                                           Figure 4
                                 Microphone positions for measurement of compressed air noise
           Microphone               6 »                                                               Microphone
           The measurement is performed at the stationary vehicle according to Figure 4, using two microphone
           positions at a distance of 7 m from the contour of the vehicles, and at 1,2 m above the ground
 ---pagebreak--- ^ B ^ I                                   C^^c^lJourn^lo^th^Furoo^nC^ornrnun^n^                                                  ^o^I^B^t
EECTYPEAPPROVALOEEXHAUSTSYSTEMS                             AS S E P A R A T E T E C H N I C A L U N I T S (REPLACEMENT                 EXHAUST
                                                                SYSTEMS^
0           SCCOPE
            This Annex applies to the type-approvals as separate technical units within the meaning of Article ^a of directive
            ^OBt^DBEEC^ of exhaust systems or components thereof to he fitted to one or more given types of motor vehicle
            i n c a t e g o n e s M ^ a n d N ^ as replacement parts
t            OEEINITICNS
tt          Replacement exhaust system or component thereof means any part of the exhaust system defined in item t ^ t o f
            Annex ^ intended to replace on a vehicle a p a r t o f the typegranted EEC type-approval^vith the vehicle in
            accordance ^ i t h A n n e x l
^            APPLICATIC^N^CoREECTYPE-APPRCVAL
^^          Application for ECC type-approval in respect ofareplacement exhaust system or component thereof asaseparate
            technical unit must he suhmittedhy the vehicle manufacturer of the separate technical unit in question or hy their
            authorised representatives
^^          Application f o r E E C type-approval in respect of each type of replacement exhaust system or component thereof
            must he accompamedhythe undermentioned document in triplicate and the following information
^ t         a description of the type(s^ of vehicle to ^hich the system or components thereof are to he fitted ^vith reference to
            thecharactensticsmentionedinitem t t of A n n e x l T h e n u m h e r s a n d B o r s y m h o l s d e s i g n a n n g t h e e n g i n e a n d
            vehicle type must he indicated^
^^^         a description of the replacement exhaust system indicating the relative position of each system components
            together ^vith mounting instructions^
^^^         detailed dra^vingsof eachcomponent^ so t h a t t h e y c a n h e e a s i l y locatedand identified^ andreference to the
            materials used
            These drawings must indicate the place provided for the compulsory affixing of the EEC type-approval
^^          At the request of the technical service concernedm^^pphcant must suhmit
^^t         t ^ o examples of the system in respect of ^hich application for EEC type-approval has heenmade^
^^^         an exhaust system of the type originally fitted to the vehicle ^ h e n EEC type-approval ^vas granted^
^^^         a vehicle representative of the type to ^hich the system is to he fitted
            — ^hich^ as far as its noise level ^ h e n moving is concerned^ must he in suchacondition that it respects the limits
                  i n i t e m ^ ^ ^ ^ of A n n e x l a n d does not exceed hy more t h a n ^ d ^ ^ t h e values ohtained during the type-
                  approvals
            — ^vhich, as far as its noise level ^vhen stationary i s c o n c e r n e ^ respects thevalueohtained curing the type-
                  apprDval^
^^^t        a separate engine corresponding to the type of vehicle descnhedahove
^^t         The competent authority shall verify the existence of satisfactory arrangements for ensuring effective controlof
            the conformity of production hefore type approval is granted
^            MAR^INC5
^t          The replacement exhaust system or its components^ excluding fixing hardware and pipes must hear
^t t        the trade m a r k e r trade name of the manufacturer of the replacement system and its components^
^t^         the manufacturer^scommercial descriptions
 ---pagebreak--- No C 193/22                                 Official Journal of the European Communities                                       24. 7. 91
3.1.3.                the EEC type-approval number preceded by the distinctive letter(s) of the country granting EEC type-approval (').
3.2                   These marks must be clearly legible and indelible.
4.                    EEC TYPE-APPROVAL
4.1.                  If an application within the meaning of item 2.1 is approved, the competent authority will draw up a certificate
                      corresponding to the model shown in Annex IV. The type-approval number must be preceded by the distinctive
                      letter(s) of the country granting EEC type-approval.
5.                     SPECIFICATIONS
5.1.                  General specifications
5.1.1.                The replacement exhaust systems or component thereof must be designed, constructed and capable of being
                      mounted so as to ensure that the vehicle complies with the provisions of this Directive under normal conditions of
                      use, notwithstanding any vibrations to which it may be subject.
5.1.2.                The exhaust system or components thereof must be designed, constructed and capable of being mounted so that
                      reasonable resistance to the corrosion phenomena to which it/they is/are exposed is obtained having regard to the
                      conditions of use of the vehicle.
5.2.                  Specifications relating to sound levels
5.2.1.                The acoustic efficiency of the replacement exhaust system or component thereof must be checked using the
                      methods described in items 5.2.2.4 and 5.2.3.4 of Annex I.
                      When the replacement exhaust system or component thereof is mounted on the vehicle referred to in item 2.3.3 of
                      this Annex, the sound levels obtained using the two methods (stationary and moving vehicle) must satisfy one of
                      the following conditions:
5.2.1.1.              they must not exceed the values obtained when this type of vehicle was granted EEC type-approval;
5.2.1.2.              they must not exceed the sound level values measured on the vehicle, referred to in item 2.3.3, when this is fitted
                      with an exhaust system of the same type as that fitted to the vehicle when EEC type-approval was granted.
5.3.                  Measurement of vehicle performance
5.3.1.                The replacement exhaust system or components thereof must be such as to ensure that vehicle performance is
                      comparable with that achieved with the original equipment exhaust system or component thereof.
5.3.2.                The replacement exhaust system or, depending on the manufacturer's choice, the components of this system must
                      be compared with the original equipment exhaust system or components thereof, which are also in new condition,
                      fitted in turn to the vehicle referred to in item 2.3.3.
5.3.3.                The check must take the form of a measurement of pressure loss under the conditions specified in item 5.3.4.1 or
                       5.3.4.2. The value measured with the replacement exhaust system must not exceed the value measured with the
                       original equipment system by more than 25 % under the conditions mentioned below.
5.3.4.                  Test method
5.3.4.1.               Engine test m e t h o d
                       The measurement must be conducted on the engine referred to in item 2.3.4 coupled to a dynamometer.
                      With the throttle completely open, the bench shall be so adjusted as to obtain the engine speed (S) corresponding
                       to the rated maximum power of the engine.
                       For the measurement of back pressure, the pressure tap must be placed at the distance from the exhaust manifold
                       specified in Figures 1, 2 and 3.
(') B = Belgium, D = Federal Republic of Germany, DK = Denmark, E = Spain,            F = France,  GR = Greece,  I = Italy, IRL = Ireland,
     L = Luxembourg, NL = Netherlands, P = Portugal, UK = United Kingdom.
 ---pagebreak--- 24. 7. 91                       Official Journal of the European Communities                                    N o C 193/23
5.3.4.2.  Vehicle test method
          The measurements must be carried out on the vehicle referred to in item 2.3.3.
          The test must be conducted:
          — either on road, or
          — on a roller dynamometer.
          With the throttle completely open, the engine must be loaded so as to obtain the engine speed (S) corresponding
          to the rated maximum power.
          For the measurement of back pressure, the pressure tap must be placed at the distance from the exhaust manifold
          specified in Figures 1, 2 and 3.
5.4.      Additional provisions in respect of exhaust systems or components thereof filled with fibrous materials
          Fibrous materials must not be used in the manufacture of replacement exhaust systems or components thereof
          unless appropriate measures are taken during the design and production stages to ensure that a level of efficiency
          is attained corresponding to the limits set out in item 5.2.2.1 of Annex I.
          Such a silencing system is deemed to be effective in traffic if the exhaust gases are not in contact with the fibrous
          materials or if, after the removal of the fibrous materials, the sound levels comply with the requirements set out in
          item 5.2.1, when the exhaust system is tested on a vehicle in accordance with the methods described in items 5.2.2
          and 5.2.3 of Annex I.
          If this condition is not observed, the entire exhaust system must be subjected to conditioning. This must be done
          using one of the three methods described in items 5.3.1.1, 5.3.1.2 and 5.3.1.3 of Annex I.
          After conditioning, the sound level must be checked as specified in item 5.2.1.
          When the procedure described in item 5.2.1.2 is employed, the applicant for EEC type-approval may ask for the
          conditioning of the original equipment exhaust system or submit one which has been emptied.
6.        CONFORMITY OF P R O D U C T I O N
6.1.      Any replacement exhaust system or component thereof bearing an EEC type-approval number pursuant to this
          Directive must conform to the approved type of exhaust system and comply with the requirements of item 5.
6.2.      In order to verify that the requirements of item 6.1 are met, suitable controls of the production shall be carried
          out.
6.3.      The holder of the approval shall in particular:
6.3.1.    ensure existence of procedures for the effective control of the quality of products;
6.3.2.    have access to the control equipment necessary for checking the conformity of each approved type;
6.3.3.    ensure that data of test results are recorded and that annexed documents shall remain available for a period to be
          determined in accordance with the administrative service;
6.3.4.    analyse the results of each type of test, in order to verify and ensure the stability of the product characteristics
          making allowance for variation of an industrial production;
6.3.5.    ensure that for each type of product at least the tests prescribed in Annex V, point II, are carried out;
6.3.6.    ensure that sampling or test pieces giving evidence of non-conformity with the type of test considered shall give
          rise to another sampling and another test. All the necessary steps shall be taken to re-establish the conformity of
          the corresponding production.
6.4.      The competent authority which has granted type-approval may at any time verify the conformity control method
          applicable to each production unit.
6.4.1.    In every inspection the test books and production survey records shall be presented to the visiting inspector.
 ---pagebreak--- No C 193/24                      Official Journal of the European Communities                                         24. 7. 91
6.4.2.      The inspector may take samples at random which will be tested in the manufacturer's laboratory. The minimum
            number of samples may de determined according to the results of the manufacturer's own verification.
6.4.3.      When the quality level appears unsatisfactory or when it seems necessary to verify the validity of the tests carried
            out in application of item 6.4.2 above the inspector shall select samples to be sent to the technical service which
            has conducted the type approval tests.
6.4.4.      The competent authority may carry out any test prescribed in this Annex.
6.4.5.      The normal frequency of inspections by the competent authority shall be one every two years. If unsatisfactory
            results are recorded during one of these visits, the competent authority shall ensure that all necessary steps are
            taken to re-establish the conformity of production as rapidly as possible.
 ---pagebreak--- 24. 7. 91                                    Official Journal of the European Communities             No C 193/25
                                                        Back pressure — measuring points
          Figure 1
          Single
          pipe
                                                  min. 150 mm
          Figure 2 V)
                                                  min. 150 mm
                                                   min. 150 mm
                                                      Two measuring points joined to give one reading
             (') If this is not possible, use Figure 3.
 ---pagebreak--- N o C 193/26                              Official Journal of the European Communities                                      24. 7. 91
                                                               ANNEX III
                                                                 MODEL
                                                  Maximum size: A4 (210 x 297 mm)
                                                                                                   (Name of administration)
            ANNEX TO THE EEC VEHICLE TYPE-APPROVAL CERTIFICATE RELATING TO SOUND
                                                                  LEVEL
            (Articles 4 (2) and 10 of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws
                         of the Member States relating to the type-approval of motor vehicles and their trailers)
            In the light of the amendments made pursuant to Directive 81/334/EEC
            EEC type-approval No:
            1.         Trademark or trade name of vehicle:
            2.         Vehicle type:
            2.1.        If necessary, list of vehicles covered by item 5.2.2.4.3.3.1.2 of Annex I:
            3.          Manufacturer's name and address:
            4.          If applicable, name and address of the manufacturer's authorized representative:
            5.          Engine:
            5.1.        Manufacturer:
            5.2.        Type:
            5.3.        Model:
            5.4.        Rated maximum power ('):              kW at        rev/min.
            6.          Transmission: non-automatic gearbox/automatic gearbox (2).
            6.1.        Number of gears:
            7.          Equipment:
            7.1.        Exhaust silencer:
            7.1.1.      Manufacturer or authorized representative (if any):
            O Established in accordance with Directive 80/1269/EEC (OJ No L 375, 31. 12. 1980, p. 46).
            (2) Delete where inapplicable.
 ---pagebreak--- 24. 7. 91                                 Official Journal of the European Communities                                         N o C 193/27
          7.1.2.       Model:
          7.1.3.       Type:                                                        in accordance with drawing N o :
          7.2.         Intake silencer:
          7.2.1.       Manufacturer or authorized representative (if any):
          7.2.2.       Model:
          7.2.3.       Type:                                                        in accordance with drawing N o :
          7.3.         Tyre size:
          8.            Measurements:
          8.1.         Sound level of moving vehicle:
                                                                   Measurement results
                                                  Left-hand side     Right-hand side             Position of gear lever
                                                     dB (A) (')         dB (A) (')
                       First measurement
                       Second measurement
                       Third measurement
                       Fourth measurement
                       Test result:                                                                                 dB (A)/E (2)
          8.2.         Sound level of stationary vehicle:
                                                           dB (A)                               Engine speed
                       First measurement
                       Second measurement
                       Third measurement
                       Test result:                                                                                 dB (A)/E (2)
          (') The measurement values are given with the 1 dB (A) deduction in accordance with provisions of item 5.2.2.5.1 of
              Annex 1.
          (') 'E' indicates that the measurements in question were conducted in accordance with Directive 81/334/EEC.
 ---pagebreak--- No C 193/28                              Official Journal of the European Communities                                     24. 7. 91
          8.3.        Sound level of compressed air noise
                                                                Measurement results
                                                       Left-hand side dB (A)                Right-hand side dB (A)
                      First measurement
                      Second measurement
                      Third measurement
                      Fourth measurement
                      Test result:                                                                                 dB (A)
          8.4.        Ambient conditions
          8.4.1.      Test site (surface characteristics):
          8.4.2.      Temperatures (in °C):
          8.4.2.1.    Temperature of ambient air:
          8.4.2.2.    Temperature of test track surface:
          8.4.3.      Atmospheric pressure (kPa):
          8.4.4.      Humidity (%):
          8.4.5.      Wind speed (km/h):
          8.4.6.      Wind direction:
          8.4.7.      Background noise (dB (A)):
          9.          Vehicle submitted for type-approval on:
           10.        Technical service responsible for type-approval tests:
           11.        Date of test report issued by that service:
           12.        Nummer of test report issued by that service:
           13.        Type-approval in respect of sound levels is hereby granted/refused (') (*)
          (*) Decision reached in accordance with Directive 81/334/EEC (OJ No L 131, 18. 5. 1981).
          (J) Delete where inapplicable.
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          14. Place:
          15. Date:
          16. Signature:
          17. The following documents bearing the abovementioned type-approval number are attached to
              this Annex (to be completed if necessary):
          18. Remarks:
 ---pagebreak--- N o C 193/30                                 Official Journal of the European Communities                                            24
                                                                      ANNEX IV
                                                                        MODEL
                                                      Maximum size: A4 (210 x 297 mm)
                                                                                                            (Name of administration)
               EEC TYPE-APPROVAL CERTIFICATE IN RESPECT OF A SEPARATE TECHNICAL UNIT
            (Article 9a of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the
                              Member States relating to the type-approval of motor vehicles and their trailers)
            Separate technical unit: replacement exhaust system
            EEC type-approval number of the separate technical unit ('):
            1.           Trademark or trade name:
            2.           Type:
            3.           Manufacturer's name and address:
            4.           If applicable, name and address of the manufacturer's authorized representative:
            5.           Composition of the separate technical unit:
            6.           Trademark or trade name of the type(s) of motor vehicle to which the silencer is to be fitted (J):
            7.           Type(s) of vehicle, ranging from serial No:
                         to serial No:
            8.            Engine
            8.1.         Type (positive ignition, diesel):
            8.2.          Cycles: two-stroke, four-stroke:
            8.3.          Total cylinder capacity:
            8.4.          Rated maximum engine power (J):                      kW at              rev/min.
            9.            Number of gear ratios:
             10.          Gear ratios employed:
             11.          Drive-axle (ratio(s)):
            (') Preceded by the distinctive lettcr(s) of the country granting type-approval: B = Belgium, D = Federal Republic of
                 Germany, DK — Denmark, E — Spain, F — France, GR =» Greece, I = Italy, IRL = Ireland, L = Luxembourg,
                 NL = Netherlands, P = Portugal, UK — United Kingdom.
             2
            ( ) If several types are indicated, items 7 to 14 inclusive must be completed in respect of each type.
            (3) Established in accordance with Directive 80/1269/EEC (OJ No L 375, 31. 12. 1980, p. 46).
 ---pagebreak--- 24. 7. 91                               Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s       N o C 193/31
          12.1.      Sound-level values:
                     — moving vehicle:                 dB (A), speed stabilized before acceleration at      km/h,
                     — stationary vehicle:                 dB (A), at               rev/min.
          12.2.      Ambient conditions
          12.2.1.    Test site (surface characteristics):
          12.2.2.    Temperatures (°C)
          12.2.2.1.  Temperature of ambient air:
          12.2.2.2.   Temperature of test track surface:
          12.2.3.     Atmospheric pressure (kPa):
          12.2.4.     Humidity (%):
          12.2.5.     Wind speed (km/h):
          12.2.6.     Wind direction:
          12.2.7.     Background noise (dB(A)):
          13.         Variation in back pressure:
          14.         Any restrictions in respect of use and mounting requirements:
          15.         Date on which the model was submitted for the issue of an EEC type-approval certificate in
                      respect of a separate technical unit:
          16.         Technical service:
          17.         Date of the test report issued by that technical service:
           18.        Number of test report issued by that technical service:
           19.        EEC type-approval of the separate technical unit is hereby granted/refused ('):
          20.         Place:
          21.         Date:
          (') Delete where inapplicable.
 ---pagebreak--- N o C 193/32                    Official Journal of the European Communities                           24. 7. 91
           22. Signature:
           23. The following documents bearing the abovementioned type-approval number of the separate
               technical unit in question are attached to this Annex (to be completed if necessary):
           24. Remarks:
 ---pagebreak--- 24. 7. 91                             Official J o u r n a l of the E u r o p e a n Communities                       N o C 193/33
                                                               ANNEX      V
                                     CHECKS O N CONFORMITY O F P R O D U C T I O N
                                                             I. VEHICLES
          1.   General
               These requirements are consistant with test to be held to check conformity of production, according
               to items 7.3.5 and 7.4.3 of Annex I.
          2.   Testing procedures
               The methods of testing, measuring instruments and interpretation of results shall be those described in
               Annex I. The vehicle(s) under test shall be subjected to the test for measurement of noise of vehicle in
               motion as described in item 5.2.2.4 of Annex I.
          3.   Sampling
               One vehicle has to be chosen. If after the test of item 4.1 the vehicle is not considered to conform to
               the requirements of this Directive two more vehicles have to be tested.
          4.   Evaluation of the results
          4.1. If the sound level of the vehicle tested pursuant to items 1 and 2 does not exceed by more than 1 dB
               (A) the limit values prescribed in item 5.2.2.1 of Annex I, the vehicle type shall be considered to
               conform to the requirements of this Directive.
          4.2. If the vehicle tested according to item 4.1 does not satisfy the requirements laid down in that item,
               two more vehicles of the same type have to be tested pursuant to items 1 and 2.
          4.3. If the sound level of the second and/or third vehicle of item 4.2 exceeds by more than 1 dB (A) the
               limit values prescribed in item 5.2.2.1 of Annex I, the vehicle type shall be considered not to conform
               to the requirements of this Directive and the manufacturer shall take the necessary measures to
               re-establish the conformity.
                                          II. REPLACEMENT EXHAUST SYSTEMS
          1.   General
               These requirements are consistant with test to be held to check conformity of production, according
               to items 6.3.5 and 6.4.3 of Annex II.
          2.   Testing procedures
               The methods of testing, measuring instruments and interpretation of results shall be those described in
               Annex II. The exhaust system or component under test shall be subjected to the test as described in
               Annex II, item 5.
          3.   Sampling
               An exhaust system or component has to be chosen. If after the test of item 4.1 the sample is not
               considered to conform to the requirements of this Directive two more samples have to be tested.
          4.    Evaluation of the results
          4.1. If the sound levels of the exhaust system or component, tested pursuant to items 1 and 2, measured in
               accordance with item 5.2 of Annex II do not exceed by more than 1 dB (A) the level measured during
               the EEC type-approval tests of this type of exhaust system or component, the exhaust system or
               component type shall be considered to conform to the requirements of this Directive.
          4.2. If the exhaust system or component tested according to item 4.1 does not satisfy the requirements laid
               down in that item, two more exhaust systems or components of the same type have to be tested
               pursuant to items 1 and 2 above.
          4.3. If the sound level of the second and/or third sample of item 4.2 exceeds by more than 1 dB (A) the
                level measured during the EEC type-approval tests of this type of exhaust system or component, the
               exhaust system or component type shall be considered not to conform to the requirements of this
                Directive and the manufacturer shall take the nesessary measures to re-establish the conformity.