CELEX: 51989PC0257
Language: en
Date: 1989-05-11
Title: RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 70/220/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO MEASURES TO BE TAKEN AGAINST AIR POLLUTION BY EMISSIONS FROM MOTOR VEHICLES ( EUROPEAN EMISSION STANDARDS FOR CARS BELOW 1.4 LITRES ) ( PRESENTED BY THE COMMISSION PURSUANT TO ARTICLE 149.2 ( D ) OF THE EEC TREATY )

COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM (89) 257 final - SYN 115
                                               Brussels,11    May 1989
                      Re-examined proposal for a
                           COUNCIL DIRECTIVE
    amending Directive 70/220/EEC on the approximation of the laws
        of the Member States relating to measures to be taken
       against air pollution by emissions from motor vehicles
       (European emission standards for cars below 1.4 liters)
     (presented by the Commission pursuant to Article 149.2 (d)
                          of the EEC Treaty)
 ---pagebreak---                                            - 2 -
                            Explanatory         Memorandum
i nt roduct i on
1.  In accordance      with Directive          8 8 / 7 6 / E E C , on  10 February     1988
    the Commission      submitted         a proposal         (COM(87)706      final) to
    the Council      amending       Directive      70/220/EEC         in order   to
    establish     the second        stage of     "European s t a n d a r d s " , for    cars
    with  an engine capacity of              less than         1.4   litres.    The
    implementation      dates were October               1992 for      new vehicle     types
    and  1st October      1993 for all         new vehicles entering              into
    service.      The proposed         directive provided             for  optional
    harmon i zat ion.
2. At   its meeting     of 24 November           1988, the Council            reached a
    common   position,      largely       following        the original       Commission
    proposa i.
3. The   second     reading    by     the European         Parliament      on  12 April
    1989 concerned      the common         position of           the  Council.
    Substantial      amendments,         largely     in    line with      Parliament's
    position    on the first          reading, were discussed              and adopted    by
    an overwhelming       absolute m a j o r i t y .         In addition,      Parliament
    voted   In favour     of    total     harmonization.
    The Commission      declared         Itself    ready       to accept    these
    amendments      In substance        and   to go even          further   with   respect
    to the dates of entry             Into force of          the second     stage and    to
    propose   Immediately         more severe        "European s t a n d a r d s " for a
    third s t a g e , and   to amend        its proposal           accordingly.
    The European      Parliament        did not only amend             the   directive
    proposal    on small      cars below       1.4      litres but also voted          more
    stringent     limit   v a l u e s , dates and also total              harmonization
    for  the medium     and     large sized        cars covered         by   directive
    88/76/EEC.
 ---pagebreak---                                   - 3 -
   The Commission declared     itself ready to accept  In substance
   these amendments as well and to present to the Council
   bef.ore the end of 1989 an additional proposal, amending this
   latter directive accordingly.
   This new proposal will be based on an improved European test
   procedure to which a high speed extra-urban driving sequence
   will be added as requested by the Council.
Re-examined proposal
5. The re-examined proposal on small cars below 1.4      litres
   contains the following elements by way of amendment to the
   common position of 24 November 1988 :
   a) The recognition that technology      is available to allow
       further reduction in the limit values for all engine
       s i zes (fifth rec I ta I).
   b) The anticipated total harmonization of the limit values
       of the second stage proposed within the common position :
       - from 1.1.1991 for all models being type-approved and
       - from 1.10.1991 for ail new vehicles entering      into
          serv ice
       not to exceed the following limit values :
           . for type approval
                   30.0 g/test for CO
                    8.0 g/test for HC • NOx
           . for control of conformity of production :
                   36.0 g/test for CO
                   10.0 g/test HC + NOx.
 ---pagebreak---                                         - 4 -
   c) A third stage of more severe "European standards" (in
        line with the European Parliament's amendments) providing
       for total harmonization of the limit values :
       -    from 1.1.1993     for all new models being        type-approved
            and
            from 1.10.1993 for all new vehicles entering             Into
        •"-".service-      •-, --.-"------•-      -   -     -      --     -•- •
       not to exceed the following             limit values :
            . for type approvaI
                    19.0 g/test for CO
                     5.0 g/test      for HC + NOx
            . f o r control of conformity of production :
                    22.0 g/test for CO
                     5.8 g/test for HC + NOx.
Just If i cat ion
6. Article 100A S 3 obliges the Commission to take "as a basis
   a high     level of protection"          In making new proposals.    For
   reasons of industrial constraints               it Is not realistic to
   apply before 1.1.1993 for the whole Community               production
   more severe "European standards" which are at least as
   severe as those In force in the United States at Federal
    level and as those voted by the European Parliament.
   Therefore an Intermediate second stage on the basis of the
    limit values laid down In the common position              is proposed
   which should be Implemented at the earliest date possible.
    I.e. 1.1.1991, so as to largely benefit to the European
    environment. In conjunction with the total harmonization
    foreseen.
 ---pagebreak---                                - 5 -
7. From a technical point of view these "European standards"
   can be fulfilled, for the time being, by the application of
   technology as used for vehicles being destined for the US
   market, i ^ . equipped with a three-way catalyst and closed
   loop control.    However, Community directives do not Impose
   the application of specific technologies and therefore do
   not preclude the development of alternative technologies.
8. The European automobile   industry has proved that    it has
   mastered the engine technology required to comply with the
   limit values under 5 above and is already providing a number
   of markets with vehicles equipped with this technology.        in
   order to ensure early   information and preparation of the
   automobile   industry on future emission control requirements,
   it is important to lay down without further delay, proposals
   for the third stage.    The early total harmonization of these
   new values for this third stage by 1.1.1993 will help
    industry to strengthen  its competitive position    in the
   European and international markets, in parallel with a high
    level of environmental protection.
9. Like all Community directives In the field of motor vehicle
   emissions the latest adopted directive 88/76/EEC provides
   for optional harmonization.    Op to now only some Member
   States have Incorporated into their    laws these provisions
   for mandatory application at national    level  in line with the
   dates.set, thus depriving a large part of the population of
   the benefits of existing Commun 11y leg I s I at Ion, and leading
   to an extreme fragmentation of the EEC market      In terms of
   emission requirements.
 ---pagebreak---                               - 6 -
   In the  Interest of a more efficient protection of public
   health and of the environment   as well as with a view to the
   regulatory unity of the internal market    for motor  vehicles,
   it is therefore necessary to provide for total     harmonization
   and to require the same degree of protection as offered
   already  to-day In some third countries.
10.Indeed, the present situation where, under a system of
   optional  harmonization, the successive   Community
   requirements for the various categories of cars are
   duplicated  In a number of Member States by national
   requirements which diverge   in stringency  and/or
   Implementation dates, not only   Is detrimental  to the overall
   environmental effect of the emission   legislation, but also
   creates additional  constraints for the Investment    and
   production planning of the Industry and causes obvious
   diseconomies of scale.
 ---pagebreak---                                 - 7 -
                    Re-examined proposal    for a
                       -  COUNCIL DIRECTIVE
amending Directive 70/220/EEC on the approximation of the laws
of the Member States relating to measures to be taken against
air pollution by emissions from motor vehicles
     (European emission standards for cars below 1.4      litres)
T.u£ COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and In particular Article 100A thereof,
Having regard to the proposal from the Commission,
 in cooperation with the European Parliament'1),
Having regard to the opinion of the Economic and Social
Comm i ttee 2 * ,
Whereas   it is important  to adopt measures with the aim of
progressively establishing the internal market over a period
expiring on 31 December    1992; whereas the internal market shai
comprise an area without    internal frontiers in which the free
movement of goods, services and capital      is ensured*.
Whereas the first programme of action of the European
Communities on the protection of the environment, approved by
the Council on 22 November    1973, called for account to be take
of the latest scientific advances     In combating   atmospheric
pollution caused by gases emitted from motor vehicles and for
Directives adopted previously to be amended accordingly;
1) Opinion delivered on 12 April 1989 (not yet published
    in the Official  Journal)
2) Opinion delivered on 2 Ju..~ 1988 (O.J            )
 ---pagebreak---                                                       - 8 -
Whereas         the     third programme             of action      provides      for     additional
efforts         to be made            to reduce considerably            the present          level   of
f-Ttssicns of pollutants                     from motor         vehicles;
Whereas D i r e c t i v e           70/220/EEC1*           lays down   the   limit       values    for
carbon m o n o x i d e          and unburnt         hydrocarbon       emissions        from   such
e n g i n e s ; whereas           these     limit     values were      first     reduced      by
D irect i ve 7 4 / 2 9 0 / E E c 2 ) a n d         supplemented,        in accordance wi th
                                       3
Directive           7 7 / 1 0 2 / E E C * , by    limit      values   for emissions of
nitrogen o x i d e s ; w h e r e a s          the     limit     values  for    these      three
p o l l u t a n t s were        successively          reduced     by Directives          78/665/EEC
4
  >, 83/35l/EEC5>                 and 8 8 / 7 6 / E E C 6 >  and whereas     limit       values
for p a r t i c u l a t e       pollutant       emissions        from  diesel      engines     were
                                                              7
introduced            by Directive           88/436/EEC >.
Whereas         Directive           88/76/EEC       has     laid down   for    the     vehicles
with      an engine capacity                 of   less than 1.4        litres      transitional
limit       values which              reflected       the current      technical         and
economic          conditions of European m a n u f a c t u r e r s             in this       section
of    the m a r k e t ; whereas             that    Directive      stiputated        that    the
European          standards           to be applied          at  the  latest     in 1992/93
should be fIxed ;
Whereas          the work undertaken                by the Commission          on that       subject
has shown           that      the European Community               has a v a i l a b l e , or   is
currently           perfecting,            technologies which          allow a further
r e d u c t i o n of      the      limit    values       for all engine      sizes;
1)    OJ    N-     L 76, 6.4.1970, p. 1
2)    OJ    No     L 159, 15.6.1974, p. 61
3)    OJ    N>     L.32, 3.2;1977, p. 32
4)    OJ     N*    L 223, 14.8.1978. p. 48
5)    OJ    Hm     L 197. 20.7.1983, p. 1
6)    OJ    N*     L 36, 9.2.1988, p. 1
7)    OJ    N*     L 124, 6.8.1988, p. 1
 ---pagebreak---                               - 9 -
Whereas in order to allow the largest benefit for the European
environment and at the same time assure the unity of the market
It appears necessary to Introduce at the earliest possible date
a second stage of European standards based on total
harmon1zat ion
whereas because of industrial constraints  it appears
appropriate to use for this second stage the limit values
                                                 wh ich should be
implemented from 1. January 1991, whereas in order to establish
a clear regulatory framework for the Industry  It is necessary
to decide at the same time more severe "European standards"
being at least as severe as those of the United states of
America and as those voted by Parliament as a third stage to be
implemented from 1 January 1993; whereas these limit values
will still be based on the test procedure presently   laid down
 In Directive 70/220/EEC and would need to be reconsidered when
this procedure will be completed by a test representing driving
conditions outside built-up areas.
 ---pagebreak--- HAS ADOPTED THIS DIRECTIVE;
                                Article 1
Directive 70/220/FEC is hereby amended as follows :
ANNEX I, item 5.2.1.1.4,the table is replaced by the following:
            Engine       Mass of       Comb i ned        Mass of             Mass of
           capacity      carbon     . mass of hy-        nitrogen            parti-
                         monox i de drocarbons           oxides              culates
                                      and nitro-                               (1)
                                      gen oxides
               C           L1            L2                 L3                  L4
            (cm3)        (g/test)      (g/test)           (g/test) (g/test)
  1       C > 2,000        25            6.5                 3.5
  2      1.400<C<2,000      30           8                    _
       L          -••             . .                                     -    i .1
  3.1                      30            8                    -
 _ — .-   C < 1,400    -- —        _- — —      —   —     — —— —           —
  3.2                       19           5                    -
 (i)ln the case of vehicles equipped with compress ion-ignition
    engines"
ANNEX I. item 7.1.1.1, the table is replaced by the following :
,r
            EngIne       Mass of       Comb i ned        Mass of             Mass of
           capacity      carbon       mass of hy-        nitrogen            parti-
                         monox1de     drocarbons         ox i des            culates
                                      and nitro-                               (1)
                                      gen oxides
              C            LI            L2                 L3                  L4
            (cm3)        (g/test)      (g/test)          (g/test) (g/test)
  1       C > 2,000        30            8.1                4.4
  2      1,400<C<2,000     36           10                    -
                                                                              1.4
  3.1                      36           10                    _
 —   -    C < 1.400   - — —    —"— -- — —- ——     —    —   —      ~ — • ~  •
  3.2                      22            5.8         •        — •
 (1)   In the case of vehicles equipped with compressio. ignition
       engines
 ---pagebreak---                                     - 11 -
                                  Art icie 2
1. From 1 January 1990 no Member State may, on grounds relating
   to   air   pollution    by    emissions     from   an   engine   having  a
   capacity of less than 1.400 cm3:
   -   refuse to grant EEC type approval, to Issue the document
       referred    to   in   the   last   indent     of   article   10(1)  of
                                             1
       Council    Directive      70/156/EEC ^      or   to   grant   national
       type approval for a type of motor vehicle,
       prohibit the entry       into service of motor vehicles,
   where emissions from this type of motor vehicle or from such
   vehicles    meet   the   requirements    of    Directive    70/220/EEC  as
   last amended by this Directive.
2. In respect of types of vehicle equipped with an engine
   having a capacity of        less than 1.400 cm3, Member States may
   no longer    issue the document provided for in the last indent
   of Article     10(1) of Directive 70/156/EEC, and shall             refuse
   national type approval,
       from   1 January    1991 where the emissions          from such types
       of vehicles do not comply with the              limit values set out
        in I I ne 3.1,
       from 1 January 1993 where the emission from such types of
       vehicles do not comply with the             limit values set out in
        I I ne 3.2
   of   the   table   of   item   5.2.1.1.4     of   Annex    I to  Directive
   70/220/EEC, as last amended by this Directive.
1)    As last amended by Directive 87/358/EEC, O.J. L 192 of
   11.07.87, p. 51.
 ---pagebreak---                                  - 12 -
3. in respect of vehicles equipped with an engine having a
    capacity of less than 1,400 cm3 Member States shall prohibit
    the entr^ fnto service
    -   from 1 October 1991, where the emissions of such vehicles
        do not comply with the limit values set out     in line 3.1;
    -   from 1 October 1993, where the emissions of such vehicles
        do not comply with the limit values set out     in line 3.2,
    of the table of item 7.1.1.1 of Annex      I to Directive
    70/220/EEC as last amended by this Directive.
                                ArtIcle 3
Member States shall bring      into force laws, regulations and
administrative provisions necessary       in order to comply with
this Directive not     later than 1 January 1990.    They shall
forthwith    inform the Commission   thereof.
                                   icle 4
Not   later than the end of 1990, the Council shall consider, on
the basis of a proposal     from the Commission, the Implementation
of more severe European emission standards on the basis of an
improved test procedure     including an extra-urban driving
sequence.
                                Article S
This Directive     Is addressed to the Member States.
 ---pagebreak---  ---pagebreak--- Commission of the European Communities
COM(89) 257 final
Re-examined proposal for a
COUNCIL DIRECTIVE
amending Directive 70/220/EEC on the approximation of the laws of the
Member States relating to measures to be taken against air pollution by
emissions from motor vehicles
(European emission standards for cars below 1.4 litres)
(presented by the Commission pursuant to Article 149(2Md) of the EEC
Treaty)
11.5.1989
Office for Official Publications of the European Communities
L - 2985 Luxembourg
Series: DOCUMENTS
 1989 — 12 pp. — Format: 21.0 x 29.7 cm
EN
ISSN 0254-1475
ISBN 92-77-49556-1
Catalogue number: CB-CO-89-187-EN-C
 ---pagebreak---                                                          ISSN 0254-1475
    COM(89) 257 final
    DOCUMENTS
Wtht&W&l
    Re-examined proposal for a
    COUNCIL DIRECTIVE
    amending Directive 70/220/EEC on the approximation of
    the laws of the Member States relating to measures to be
    taken against air pollution by emissions from motor
    vehicles
    (European emission standards for cars below 1.4 litres)
    (presented by the Commission pursuant to Article 149(2)(d)
    of the EEC Treaty)
    06      15                                          11.5.1989
    Catalogue number: CB-CO-89-187-EN-C
    ISBN 92-77-49556-1
    €
    COMMISSION OF THE EUROPEAN COMMUNITIES