CELEX: 51974PC1175
Language: en
Date: 1974-07-24
Title: Proposal for a COUNCIL DIRECTIVE modifying the Council Directive of 6 February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles (submitted to the Council by the Commission)

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COM (74) 1175
Vol. 1974/0188
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 ---pagebreak--- -COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(74) 1175 final
                                             Brussels . 24 July 1974
                                Proposai for a
                               COUNCIL DIRECTIVE
             modifying the Council Directive of 6 February 1970
            on the approximation of the laws of the Member States
              relating to the permissible sound level and the
                     exhaust system of motor vehicles
               ( submitted to the Council "by the Commission)
    COM(74) 1175 final
 ---pagebreak---                           EXPLANATORY MEEaRAJTDOK
GENERAL
The application of the provisions of Council Directive of 6 February 1970
(70/157/EEC ) relating to the permissible sound level and. the exhaust sys­
tem of motor vehicles (l ) has already led to a significant reduction in
the noise nuisance in urban centres of the Community. This is to be fur­
ther reinforced by the application of the provisions of Commission Direc­
tive of 7 November 1973 ( 73/350/EEC ) which adapts the above-mentioned
Directive to technical progress in exhaust systems .
However , the continued increase in the number of vehicles on the road has
made partially inefficient the effect of these provisions . This situa­
tion , together with increased demands to protect the urban population and
environment against noise nuisance , mean3 that the limits permitted in the
first Directive must henceforth be made more stringent .
Furthermore , on 20 June 1973 and 5 September 1973 respectively , the Gover-
ments of France and the United Kingdom informed the Commission of their
interest in a substantial reduction of the present limits and invited the
Commission to ezamine the corresponding, possibilities . In addition a .
noise reduction is already contained in the declaration of the Council
on 22 November 1976 relating to the Community Action Programme on
Environment .
Given that the provisions . of the Directive of 6 February 1970 exclude
noise level limits from the procedure for adaptation to technical progress ,
the Commission has dravm up this proposal for a Directive having first
consulted experts 'from the Ilember States in the Working Group " Removal
of technical barriers to trade".
                                                                            •/
(!) O.J. of the European Communities N° L 42 , 23 February 1970 , p. 16 .
 ---pagebreak--- As a result of these consultations and' in view of the complexity of the
problem , it was agreed to provide for both short-term and longer-term
action .
                                                                     v .
The short-term programme - which is the subject of this proposal for a
directive - aims at an initial reduction in the present limits - without
changing the test method and in accordance with the same vehicle classi­
fication scheme , laid down in the Directive already adopted . The aim of
the longer-term programme is to find a new method of noise measurement
which reflects the actual conditions in which vehicles are used in urban traffic
and will, on the basis of the results of current studies and research and in
accordance with the procedure laid down for adaptation to technical progress ,
lead to further amendments to the Directive of 6 February 1970.
With respect to the short-term action , the results of meetings with national
experts and the interested professional bodies have enabled the Commission
departments responsible to gather the information necessary to draw up this
proposal for a directive . The latter is based on the fact that technical
progress in automobile construction has led to a significant reduction in
vehicle noise level . The proposed reductions do , however, take account of
the need to allow modifications to be made to the above mentioned test
method , the effect of which will be to malce the specifications for some
types of car even more stringent . For this reason the reduction proposed
for other types of vehicle is greater and may bo as much as four decibels
for buses , i.e. , a reduction of about 50     Indeed , the Commission conside­
red that it is possible to further reduce the limits for these vehicles , in view
 of their major contribution to urban traffic noise and also with a view
to reducing the gap between the limits permitted for the various categories
of vehicle .
In the Commission 's view , this reduction for buses is no more than a first
step and is to be followed by further significant reductions aimed at keeping
the sound emissions from these vehicles to a minimum; this will be technolo­
gically feasible as soon as certain design features are widely adopted..
 ---pagebreak---                                          - 3 -
     Article 1 of this proposal for a directive will enable the table of permis­
     sible limits for the various categories of vehicle (which is given in Annex I
     of the Directive of 6 February 1970 (70/157/EEC ) to be replaced by that in
     the modifying directive .
     Article 2 fixes the time limits for the adoption , publication and application
     of these new provisions .
II . CONSULTATIONS WITH THE EUROPEAN PARLIAI1ENT AM THE ECONOMIC AMD SOCIAL COMMITTEE
     Under the provisions of Article 100 ( 2) of the EEC Treaty , the opinion of these
     two bodies is required .
     The implementation of the provisions laid down by the directive means that all
     Member States will have to amend their legislation .
 ---pagebreak---                                        - 4 -
TEE COUNCIL OP THE EUROFEJiN COIEUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 100 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the Opinion of the European Parliament ,
Having regard to the Opinion of the Economic and Social Committee ,
Having regard to the Council Directive (70/157/EBC ) of 6 February 1970 on
the approximation of the laws of Member States relating to the permissible
sound level and the exhaust system of motor vehicles ( l ), amended by the
Act of Accession ( 2) provides in its Annex for the permissible limits of
noise level of motor vehicles intended for use on the road with or without
bodywork having at least four wheels and a maximum design speed exceeding
25 km/h with the exception of vehicles which run on rail or agricultural
tractors and machinery and engineering plant ;
VJhereas the protection of the general public and of the urban environment
from noise nuisance requires suitable measures to reduce the noise level
of motor vehicles and whereas a reduction has been made possible by techni­
cal progress in automobile construction ;
Khereas to this purpose it is suited to modify the Annex of the before
mentioned Directive by reducing the values expressed in dB (A) of the noise
level of every category of vehicle concerned by the above Annex;
HAS ADOPTED THIS DIRECTIVE
             – - _          –    . . .  «*« V 1 A m-N T–1 1   «i Art A   /"
 ( 1 ) O.J. of the European Communities N° L 42 , 23 February 1970 , p. 16 .
 ( 2 ; O.J. of the European Communities N° L 73 , 27 Harch 1972, pp . 115 and 157 •
 ( 3) O.J. of the European Communities N° C 112 of 20 December 1973 .
 ---pagebreak---                                       - 5 -
                                   Article   1
  In the iinnex to the Council Directive of 6 February 1970 (70/157/ EIDC ) the
  table of heading 1.1 entitled " Limits ", is replaced by the following one :
                                                          Value expressed in j
                           vehicle category                      dB(A)          I
                                                          ( decibels   ( A) )   ■
!   T. 1.1 .    vehicles intended for the carriage of            80
                passengers and comprising not more than
                nine seats including the driver 's seat .
    1.1.2 .     Vehicles intended for 'the carriage of           81
                passengers , comprising more than nine
                seats including the driver 's seat , and
                having a permissible maximum weight
                not exceeding 3.5 metric tons .
    1.1.3 .     Vehicles intended for the carriage of            81
                goods and having a permissible maximum
                weight not exceeding 3.5 « metric tons .
    1.1.4 .     Vehicles intended for the carriage of            85
                passengers , comprising more than nine
                seats including the driver 's seat , and
                having a permissible maximum weight
                exceeding 3.5« metric tons .
    1.1.5 .     Vehicles intended for the carriage of            85
                goods and having a permissible maximum
                weight exceeding 3.5 metric tons .
    1.1.6 .     Vehicles intended for the carriage of            87
                passengers , comprising more than nine
                seats including the driver 's seat , and
                having an engine power equal to or ex­
                ceeding 200 HP DIN .
    1.1.7 .     Vehicles intended for the carriage of            83
                goods or materials , having an engine
                power equal to or exceeding 200 HP DIN
                and a permissible maximum weight excee­
                ding 12 metric tons .
 ---pagebreak---                                     Article   2
With effect from 1 October 1975 the Member States shall not , on grounds
relating to the permissible sound, level end the exhaust system :
- refuse EEC "type-approval , or the delivery of the document referred to in
   Article 10 ( l )., second indent , of the Council Directive of 6 February 1970
    (70/156/EEC ) or the national type-approval for any type of motor vehicle ,
- or prohibit the entry into service of vehicles ,
if the sound level and the exhaust system of this type of vehicle or of .
these vehicles comply with the provisions of the Council Directive of 6
February 1970 (70/157/EEC) as last 'amended by this Directive .
With effect from 1 April 1976 , the Member States :
- shall no longer issue the document envisaged in Article 10 ( l ), second
   indent , of the Council Directive of 6 February 1970 (70/156/EEC) for a ty-
; pe of vehicle the sound level and the exhaust system of which do not com­
     ply with the provisions of the Council Directive of 6 February 1970 ( 70
' /157/ eEC ) as last amended by this Directive ,
- may refuse the national type-approval of -a type of vehicle the sound level
   and the exhaust system of which do not comply with the provisions of the
   Council Directive of 6 February 1970 (70/l57/E3C ) as last amended by this
   Directive .
 \
Kith effect fro 1 October 1976 the Kember States may prohibit the first en­
try into service of vehicles the sound level and exhaust system of which do
not comply with the provisions of the Council Directive of 6 February 1970
(70/157/EEC ) as last amended by this Directive .
 ---pagebreak---                                     - 7 -
                                Article   3
The Member States shall adopt and publish tho provisions necessary in order
to comply with this Directive before 1 October 1975 &nd shall forthwith
inform the Commission thereof .
                                Article  4
This Directive is addressed to all the Member States .
Done at Brussels ,