CELEX: 51983PC0392
Language: en
Date: 1983-06-27
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

27.7.83                               Official Journal of the. European Communities                           N o C 200/5
              Proposal for a Council Directive amending the First Council Directive on the
              establishment of common rules for certain types of carriage of goods by road between
                                                       Member States
                               (Submitted by the Commission to the Council on 4 July 1983)
THE COUNCIL OF THE EUROPEAN                                          'In the case of carriage between Member States
COMMUNITIES,                                                         whose territories are separated by an area of sea or
                                                                     by one or more third countries, no account shall
Having regard to the Treaty establishing the                         be taken of the distance travelled either on board a
European Economic Community, and in particular                       means of sea transport specially constructed and
Article 75 (1) thereof,                                              equipped for the carriage of commercial vehicles
                                                                     or in transit through the territory of the third
Having regard to the proposal from the Commission,                   country or countries.'
Having regard to the opinion of the European                      2. In Annex II, the second subparagraph of point 1 is
Parliament,                                                          replaced by the following:
Having regard to the opinion of the Economic and                     'In the case of carriage between Member States
Social Committee,                                                    whose territories are separated by an area of sea or
                                                                     solely by one or more third countries, the distance
Whereas the First Council Directive ('), as last                     of 25 kilometres as the crow flies shall be
amended by Directive 82/50/EEC (2), must be                          calculated from the point where the vehicle is
amended to ensure the liberalization of the type of                  unloaded from or loaded on a means of sea
carriage by road referred to in this Directive in                    transport specially constructed and equipped for
respect of carriage by road concerning the regions of                the carriage of commercial vehicles or from the
certain Member States which are separated by the                     frontier point of entry into the Member State of
territory of one or more third countries or by an area               destination or from the point of exit from the
of sea,                                                              Member State of origin in the case of transit
                                                                     through the territory of one or more third
HAS ADOPTED THIS DIRECTIVE:                                          countries.'
                         Article 1                                                        Article 2
Annexes I and II to the First Council Directive of
                                                                  Member States shall take the measures necessary to
23 July 1962 are hereby amended as follows:
                                                                  comply with this Directive not later than 31 May
                                                                  1984. They shall forthwith inform the Commission
1. In Annex I, the second subparagraph of point 1 is
                                                                  thereof.
    replaced by the following:
                                                                                          Article 3
(') OJ No 70, 6. 8. 1962, p. 2005/62.
O OJ No L 27, 4. 2. 1982, p. 22.                                  This Directive is addressed to the Member States.
              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
                               (Submitted by the Commission to the Council on 5 July 1983)
THE COUNCIL OF THE EUROPEAN                                       Having regard to the proposal from the Commission,
COMMUNITIES,                                                      Having regard to the opinion of the European
                                                                  Parliament,
Having regard to the Treaty establishing the
European Economic Community, and in particular                    Having regard to the opinion of the Economic and
Article 100 thereof,                                              Social Committee,
 ---pagebreak--- N o C 200/6                             Official Journal of the European Communities                                   27.7.83
Whereas Council Directive 70/157/EEC ('), as last                       Whereas Annex I to Directive 70/157/EEC should
amended by Directive 81/334/EEC (2), lays down in                       accordingly be amended by reducing the permissible
its Annex the maximum sound levels for motor                            sound level values expressed in dB(A) for every
vehicles intended for use on the road, with or without                  category of vehicle referred to therein;
bodywork, and having at least four wheels and a
maximum design speed exceeding 25 kilometres per
hour, with the exception of vehicles which run on
rails, agricultural or forestry tractors and machinery                  Whereas such a reduction represents a major step
and public works vehicles;                                              forward in the improvement of the environment;
                                                                        whereas the provisions in question should nevertheless
Whereas the protection of the public in urban areas
                                                                        be reviewed at a later date in the light of the results
against noise nuisance requires suitable measures to
                                                                        of the Commission's work in the context of an overall
reduce the noise level of motor vehicles; whereas such
                                                                        approach to all the main aspects of Community rules
a reduction has been made possible by technical
                                                                        in the motor vehicle sector,
progress in motor vehicle construction;
(*) OJ No L 42, 23. 2. 1970, p. 16.
O O J N o L B l , 18.5. 1981, p. 6.                                     HAS ADOPTED THIS DIRECTIVE:
                                                             Article 1
              The table in Item 5.2.2.1 of Annex I to Directive 70/157/EEC                is hereby replaced by the
              following table:
                                                                                                           Values
                                                          "Vehicle categories                            expressed
                                                                                                          in dB(A)
              5.2.2.1.1.       Vehicles intended for the carriage of passengers and equipped with            77
                               not more than nine seats, including the driver's seat
              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                                    80
              5.2.2.1.2.2.     — with an engine power of not less than 150 kW                                83
              5.2.2.1.3.       Vehicles with a maximum permissible mass not exceeding 3,5 tonnes             78
                               intended for the carriage of passengers and equipped with more than
                               nine seats, including the driver's seat, ana/or intended for the
                               carriage of goods
              5.2.2.1.4.       Vehicles with a maximum permissible mass exceeding 3,5 tonnes,
                               intended for the carriage of goods, and
              5.2.2.1.4.1.     — with an engine power of less than 75 kW                                     80
              5.2.2.1.4.2.     — with an engine power of not less than 75 kW but less than                   82
                                   150 kW
              5.2.2.f.4.3.     — with an engine power of not less than 150 kw"                               84'
                           Article 2                                         Council Directive 70/156/EEC ( } ), or to grant
                                                                             national type approval, or
 1. With effect from 1 January 1985, Member
States may not, on grounds relating to the permissible                  — prohibit the entry into service of vehicles,
sound level and the exhaust system:
                                                                        if the sound level and the exhaust system of this type
— refuse, in respect of a type of motor vehicle, to                     of vehicle or of these vehicles comply with the
     grant EEC type approval, to issue the document
     referred to in the third indent of Article 10 (1) of               O OJ No L 42, 23. 2. 1970, p. 1.
 ---pagebreak--- 27.7.83                           Official Journal of the European Communities                         No C 200/7
provisions of Directive 70/157/EEC, as amended by            However, for vehicles in category 5.2.2.1.3 as defined
this Directive.                                              in Article 1 which are equipped with diesel engines
                                                             and for vehicles in category 5.2.2.1.4, the date
2. With effect from 1 October 1986, Member                   '1 October 1988' shall be replaced by the date
States:                                                      '1 October 1989'.
— may no longer issue the document referred to in
    the third indent of Article 10 (1) of Directive                                 Article 3
    70/156/EEC in respect of a type of motor vehicle
    of which the sound level and the exhaust system          The Council shall, not later than 31 December 1990,
    do not comply with the requirements of Directive         decide on a further review of the provisions of
    70/157/EEC as amended by this Directive,                 Directive 70/157/EEC on the basis of a Commission
— may refuse to grant national type approval in              report concerning possible new measures relating to
    respect of a type of motor vehicle of which the          Community rules in the motor-vehicle sector, which
    sound level and the system do not comply with            is to be drawn up with due regard to safety, environ-
    the requirements of Directive 70/157/EEC, as             mental protection and energy conservation factors.
    amended by this Directive.
However, for vehicles in category 5.2.2.1.3 as defined                              Article 4
in Article 1 which are equipped with diesel engines
and for vehicles in category 5.2.2.1.4, the date             Member States shall bring into force the provisions
'1 October 1986' shall be replaced by the date               necessary to comply with this Directive before
'1 October 1987'.                                            1 January 1985. They shall forthwith inform the
                                                             Commission thereof.
3. With effect from 1 October 1988, Member
States may prohibit the entry into service of vehicles
of which the sound level and exhaust system do not                                  Article 5
comply with the requirements of Directive 70/157/
EEC, as amended by this Directive.                           This Directive is addressed to the Member States.