CELEX: 51970FC0157
Language: en
Date: 2007-03-21
Title: Proposal for a Directive …/…/EC of the European Parliament and of the Council of […] on the permissible sound level and the exhaust system of motor vehicles (codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM

                                                                  Proposal for a

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

                                                                      of […]

                                     on the permissible sound level and the exhaust system of motor vehicles

                                                                (Codified version)

                                                              EXPLANATORY MEMORANDUM

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

       This aim cannot be achieved so long as numerous provisions that have  been  amended  several  times,  often  quite  substantially,  remain
       scattered, so that they must be sought partly in the original instrument and partly in later amending ones.  Considerable  research  work,
       comparing many different instruments, is thus needed to identify the current rules.

       For this reason a codification of rules that have frequently been amended  is  also  essential  if  Community  law  is  to  be  clear  and
       transparent.

2.    On 1 April 1987 the Commission therefore decided[1] to instruct its staff that all legislative acts should be codified after no  more  than
       ten amendments, stressing that this is a minimum requirement and that departments should endeavour to codify at even shorter intervals the
       texts for which they are responsible, to ensure that the Community rules are clear and readily understandable.

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

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

       Given that no changes of substance may be made to the instruments affected by codification, the European Parliament, the Council  and  the
       Commission have agreed, by an interinstitutional agreement dated 20 December 1994, that an accelerated procedure may be used for the fast-
       track adoption of codification instruments.

4.    The purpose of this proposal is to undertake a codification of Council Directive 70/157/EEC 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[3].  The  new  Directive  will
       supersede the various acts incorporated in it[4]; this proposal fully preserves the content of the acts being codified and hence  does  no
       more than bring them together with only such formal amendments as are required by the codification exercise itself.

5.    The codification proposal was drawn up on the basis of a preliminary consolidation, in all official languages, of Directive 70/157/EEC  and
       the instruments amending it, carried out by the Office for Official Publications  of  the  European  Communities,  by  means  of  a  data-
       processing system. Where the Articles have been given new numbers, the correlation between the old and the new numbers is shown in a table
       contained in Annex VI to the codified Directive.

                                            ê 70/157/EEC (adapted)

                                                                  Proposal for a

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

                                                                      of […]

                                     on the permissible sound level and the exhaust system of motor vehicles

                                                            (Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

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

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

Whereas:

                                            ê .

   1) Council Directive 70/157/EEC 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[7] laid down technical  prescriptions  concerning  the  design  and  construction  of  motor
      vehicles as regards to the permissible sound level and the exhaust system of motor vehicles. These technical  prescriptions  concerned  the
      approximation of the laws of the Member States to allow for the EC type-approval procedure established by 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[8] to be applied in respect of each type of vehicle. Directive 70/157/EEC has been substantially amended several times[9]. In  the
      interests of clarity and rationality the said Directive should be codified.

                                            ê 96/20/EC recital 1 (adapted)

   2) Ö This Directive is one of the separate Directives of the EC type-approval system provided for in Directive [70/156/EEC]. Consequently, the
      provisions laid down in Directive [70/156/EEC] relating to  vehicle  systems,  components  and  separate  technical  units  apply  to  this
      Directive. Õ

                                            ê 70/157/EEC recital 2 (adapted)

   3) Ö It is desirable to take into account the technical requirements adopted by the UN Economic  Commission  for  Europe  (UN/ECE),  which  is
      annexed to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of  uniform  technical  prescriptions
      for wheeled vehicles, equipment and parts which can be fitted and/or be  used  on  wheeled  vehicles  and  the  conditions  for  reciprocal
      recognition of approvals granted on the basis of these prescriptions, (Revised 1958 Agreement)[10]. Õ

                                            ê 73/350/EEC recital 1

   4) A vehicle should be designed and built in such a way that its sound level does not exceed the  prescribed  limits.  This  principle  should
      apply especially to exhaust systems (silencers).

                                            ê 92/97/EEC recital 6 (adapted) 84/424/EEC recitals 2 and 4 (adapted)

   5) The protection of the Ö general Õ public in urban areas against noise nuisance requires suitable measures to  reduce  the  noise  level  of
      motor vehicles. Such measures should take account of the technological advances to be applied. Reduction Ö of the noise  level Õ  has  been
      made possible by the technical progress in motor vehicle construction. Ö It should represent a major step forward in the improvement of the
      environment Õ .

                                            ê 92/97/EEC recital 7 (adapted)

   6) Achievement of a significant and effective reduction of such nuisances requires that the differences between the  measuring  techniques  in
      current use and the actual traffic conditions be reduced to the maximum extent possible.

                                            ê 92/97/EEC recital 8 (adapted)

   7) The current measuring conditions, and in 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 and background noise require more detailed description.

                                            ê 96/20/EC recital 3

   8) The recent developments in engine technology make it necessary to define more explicitly the testing process, particularly in the  case  of
      heavy vehicles, insofar as the feasibility and the repetition of such tests is concerned.

                                            ê 92/97/EEC recital 9 (adapted)

   9) The noise pollution emanating from vehicles, that caused by the tyres has proved to be particularly severe when the vehicles' speed exceeds
      60 km/h. The public Ö should be Õ effectively Ö protected Õ against noise pollution, particularly that caused by traffic  in  urban  areas,
      Ö by giving on the one hand Õ as much weight as possible to the requirements for each category of vehicle with respect to the sound  levels
      of the mechanical parts and exhaust systems of motor vehicles. Ö On the other hand Õ problems associated with noise created by the  contact
      between tyres and the road surface Ö should be taken into consideration. Õ

                                            ê 92/97/EEC recital 10 (adapted)

  10) High-powered vehicles Ö are Õ increasingly being designed so as to produce a higher ratio between engine power and vehicle  mass  Ö while Õ
      the curve representing the torque as a function of engine speed Ö should Õ produce greater motive force at low engine speed. These  designs
      consequently 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.

                                            ê 92/97/EEC recital 12

  11) The control of sound emissions produced by the interaction between tyres and roadway should be based not only on  tyres  but  also  on  the
      composition of the asphalt (noise-absorbing asphalt). It is necessary to continue studies and research  so  as  to  be  able  to  ascertain
      numerical indices in order to establish objective criteria for road conformity.

                                            ê 81/334/EEC recital 3 (adapted)

  12) Both exhaust systems and certain components thereof are marketed separately as spare parts. In so far, as they can also be  checked  before
      being fitted to a vehicle, their free movement could be facilitated by the establishment of an EC type-approval  procedure  in  respect  of
      these separate systems considered as separate technical units within the meaning of [ Directive 70/156/EEC] .

                                            ê 96/20/EC recital 2 (adapted)

  13) Ö Directive 70/156/EEC necessitates that each separate Directive has attached to it an  information  document  incorporating  the  relevant
      items of Annex [I] to that Directive and also a type-approval certificate based on Annex [VI] thereto in order that  type-approval  may  be
      computerized. Õ

                                            ê .

  14) This Directive should be without prejudice to the obligations of the Member States relating  to  the  time-limits  for  transposition  into
      national law and application of the Directives set out in Annex V, Part C,

                                            ê 70/157/EEC
                                            è1 96/20/EC Art. 1(1)

HAVE ADOPTED THIS DIRECTIVE:

                                                                    Article 1

For the purposes of this Directive, «vehicle» means any motor vehicle intended for use on the road, with or without  bodywork,  having  at  least
four wheels and a maximum design speed exceeding 25 kilometres  per  hour,  with  the  exception  of  vehicles  which  run  on  è1 rails  and  of
agricultural and forestry tractors and all mobile machinery. ç

                                            ê 81/334/EEC Art. 1 point 1
                                            è1 96/20/EC Art. 1(1)

                                                                    Article 2

No Member State may, on grounds relating to the permissible sound level and the exhaust system, refuse to grant EC or national  type-approval  in
respect of a type of motor vehicle or type of exhaust system or component of such a system regarded as a separate technical unit,

(a)   if such vehicle satisfies the requirements of Annex I as regards the sound level and exhaust system,

(b)   if the exhaust system or any component thereof, considered as a separate technical unit within the meaning of è1 [Article 2 ç of  Directive
       70/156/EEC] satisfies the requirements of Annex II to this Directive.

                                            ê 81/334/EEC Art. 1 point 2
                                            è1 96/20/EC Art. 1(1)

                                                                    Article 3

1. No Member State may, on grounds relating to the permissible sound level and the exhaust system, refuse or  prohibit  the  sale,  registration,
entry into service or use of any vehicle in which the sound level and the exhaust system satisfy the requirements of Annex I.

2. No Member State may, on grounds relating to the permissible sound level and the exhaust system, prohibit the  placing  on  the  market  of  an
exhaust system or any component thereof considered as a separate technical unit within the meaning of è1 [Article 2 ç  of  Directive  70/156/EEC]
if, within the meaning of Article 2, it is of a type in respect of which a type-approval has been granted.

                                            ê 70/157/EEC (adapted)
                                            è1 96/20/EC Art. 1(1)
                                            è2 81/334/EEC Art. 1 point 3

                                                                    Article 3

Ö Any amendments necessary to adapt the requirements of Õ è1 Annexes I to IV ç Ö to technical progress, with the exception  of  the  requirements
set out under Õ è2 points 5.2.2.1 and 5.2.2.5 of Annex I ç, Ö shall be adopted in accordance with the procedure referred to in Article [13(2)  of
Directive 70/156/EEC]. Õ

                                                                    Article 5

                                            ê 70/157/EEC (adapted)

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

                                            ê .

                                                                    Article 6

Directive 74/483/EEC as amended by the acts listed in Annex V is repealed, without prejudice to the obligations of the Member States relating  to
the time-limits for transposition into national law and application of the Directives set out in Annex V, Part C.

References to the repealed Directive shall be construed as references to this Directive and shall be read  in  accordance  with  the  correlation
table set out in Annex VI.

                                                                    Article 7

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

This Directive shall apply from [...].

                                            ê 74/483/EEC

                                                                    Article 8

This Directive is addressed to the Member States.

Done at Brussels, […]

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

                                            ê 96/20/EC Art. 1(2) and Annex

                                                                 List of Annexes

|ANNEX I:                |EC type-approval in respect of the sound level of a type of motor vehicle                                        |
|                        |Appendix 1: Information document                                                                                 |
|                        |Appendix 2: Type-approval certificate                                                                            |
|ANNEX II:               |EC type-approval of exhaust systems as separate technical units                                                  |
|                        |Appendix 1: Information document                                                                                 |
|                        |Appendix 2: Type-approval certificate                                                                            |
|                        |Appendix 3: Model for the EC type-approval mark                                                                  |
|ANNEX III:              |Checks on conformity of production                                                                               |
|ANNEX IV:               |Test track specifications                                                                                        |
|ANNEX V:                |Repealed Directive with its successive amendments                                                                |
|                        |Non-repealed successive amendments                                                                               |
|                        |List of time-limits for transposition into national law and application                                          |
|ANNEX VI:               |Correlation Table                                                                                                |

                                            ê 92/97/EEC Art. 1 (adapted)
                                            è1 96/20/EC Art. 1(2) and Annex

                                                                     ANNEX I

                         EC TYPE-APPROVAL IN RESPECT OF THE SOUND LEVEL Ö AND EXHAUST SYSTEM Õ 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 points 1.1.2 and 1.1.4, vehicles other than those in categories M1 and N1è1 [11] ç 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 in which the components be a 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;

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 EC TYPE-APPROVAL

                                            ê 96/20/EC Art. 1(2) and Annex

2.1.  The application for EC type-approval pursuant to [Article 3 (4) of Directive 70/156/EEC] of a vehicle type with regard to its  sound  level
       shall be submitted by the vehicle manufacturer.

2.2.  A model for the information document is given in Appendix 1 to this Directive.

                                            ê 92/97/EEC Art. 1

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.

2.3.1.      In the case of point 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 point 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.

                                            ê 92/97/EEC Art. 1

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, even when the system is fitted to the vehicle.

                                            ê 96/20/EC Art. 1(2) and Annex (adapted)

4.    GRANTING OF EC TYPE-APPROVAL

4.1.  If the relevant requirements are satisfied, EC type-approval pursuant to [Article  4  (3)]  and,  if  applicable,  Ö Article Õ  [4  (4)  of
       Directive 70/156/EEC] shall be granted.

4.2.  A model for the EC type-approval certificate is given in Appendix 2 to this Directive.

4.3.  An approval number in accordance with [Annex VII to Directive 70/156/EEC] shall be assigned to each vehicle type approved. The same  Member
       State shall not assign the same number to another vehicle type.

                                            ê 92/97/EEC Art. 1
                                            è1 96/20/EC Art. 1(2) and Annex

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 EC type-approval must be measured in accordance with each of the  two  methods
       described in point 5.2.2.4 in the case of moving vehicles and point 5.2.3.4 in the case of stationary vehicles, respectively[12].

      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 point 5.4, if corresponding brake equipment is part of the vehicle.

5.2.1.2.    The values measured as specified in point 5.2.1.1 must be recorded in the test report and  in  a  certificate  corresponding  to  the
       model shown in è1 Appendix 2 ç. Details of the ambient conditions, namely, test track (type of surface), air temperature, wind  (direction
       and speed) and ambient noise must also be recorded in the test report.

5.2.2.      Sound level of moving vehicles

5.2.2.1. Limiting values

      The sound level measured in accordance with points 5.2.2.2 to 5.2.2.5, inclusive, of this Annex shall not exceed the following limits:

|             |Vehicle categories                                                                             |Values expressed 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|74                         |
|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                                                 |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                         |

      However:

                                            ê 92/97/EEC Art. 1 (adapted)

         – for vehicles of categories Ö described in points Õ 5.2.2.1.1 and 5.2.2.1.3, the limit values are 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 150 kW or more,

         – for vehicles in category Ö described in point Õ 5.2.2.1.1., equipped with a manually operated gear box having more than four  forward
           gears and with an engine developing a maximum power exceeding 140 kW/t and whose permissible maximum power/maximum mass ratio exceeds
           75 kW/t, the limit values are increased by 1 dB (A) if the speed at which the rear of the vehicle passes the line BB′ (Figure  1)  in
           third gear is greater than 61 km/h.

                                            ê 92/97/EEC Art. 1
                                            è1 96/20/EC Art. 1(2) and Annex

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.    Conditions of measurement

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. These 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 test-track surface must comply with the specifications in è1 Annex IV ç.

      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 [point 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.

                                            ê 96/20/EC Art. 1(2) and Annex

      The tyres used for the test are selected by the vehicle manufacturer and shall comply with commercial practice  and  be  available  on  the
       market; they shall correspond to one of the tyre-size designations (see point 2.17.  of  Annex  II  to  Council  Directive  92/23/EEC[13])
       indicated for the vehicle by the vehicle manufacturer according to point 1.5. of the Addendum to Appendix 2 and in the case of vehicles of
       categories M1 and N1 meet the requirements of Directive 89/459/EEC regarding the minimum tread depth; for vehicles  of  other  categories,
       the minimum tread depth specified in Directive 89/459/EEC will be applied as if the vehicles were within the scope of that Directive.  The
       tyres must be inflated to the appropriate pressure(s) for the test mass of the vehicle.

                                            ê 92/97/EEC Art. 1
                                            è1 96/20/EC Art. 1(2) and Annex

      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.    Method 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 CC′ (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 CC′).

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  median
       longitudinal plane of the vehicle is as close as possible to the line CC′.

      The vehicle must approach the line AA′ at a steady initial road speed as specified in points 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 is 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 lower of the following two 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 M1 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 M1 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 is increased to a maximum of 60 km/h in order to avoid such a change-down,

            or

         – the speed, V, must remain at 50 km/h and the fuel supply to the engine limited to 95 % of the supply necessary for  full  load.  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 is  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 M1 and N1 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 are 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 must 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.è1 If the engine speed «S» is still attained with an approach engine speed corresponding to the idle speed, then the test
       will be performed only in third gear and the relevant results have to be evaluated. ç

      However, the vehicles in category M1 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 M1 and N1 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[14] [15].

      The test result will be that obtained from the ratio producing the maximum sound level.

      Shifting up gears from x/n must be terminated in the 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 representativity 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 is deemed representative of its type,

         – if the highest sound level is obtained at ratio x/n the vehicle selected  is  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 is deemed representative of its type only for  those  vehicles
           which have a higher overall gear ratio at X.

                                            ê 96/20/EC Art. 1(2) and Annex

      However, the vehicle is deemed representative of its type also, if, on the applicant's request, the tests are  extended  over  more  ratios
       than foreseen, and the highest sound level is obtained between the extreme ratios tested.

                                            ê 92/97/EEC Art. 1 (adapted)
                                            è1 96/20/EC Art. 1(2) and Annex

5.2.2.4.3.3.2. Automatic transmission equipped with manual override

      The test is conducted with the selector in a position recommended by the manufacturer  for  «normal»  driving.  External  downshifts  (e.g.
       kickdown) shall be put out of operation.

5.2.2.5.    Interpretation of results

5.2.2.5.1. To take account of inaccuracies in the measuring instruments, the result obtained from each measurement is determined by  deducting  1
       dB (A) from the meter reading.

5.2.2.5.2. The measurements are 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 at the corresponding microphone position. Three of  the
       four measurements thus obtained at that microphone position must fall within the prescribed limits.

5.2.3.      Sound level of the stationary vehicle

5.2.3.1.    Sound level in the vicinity of vehicles

      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 è1 Appendix 2 ç.

5.2.3.2.    Measuring instruments

5.2.3.2.1. Acoustic measurements

      A precision sound-level meter as defined in point 5.2.2.2.1 must be used for the measurements.

5.2.3.2.2. Measurement of engine speed

      The engine speed is determined by means of a tachometer having an accuracy of 3 % or better. The tachometer may not be the  one  fitted  to
       the vehicle.

5.2.3.3.    Conditions of measurement

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 must not be interfered with during the sound-level measurements.

      During measurements, the gear lever must be in the neutral position.

5.2.3.4.    Method of measurement

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  point
       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  abovementioned
       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 è1 Appendix 2 ç must 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  are  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 may 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 point 5.2.2.1 is achieved on the road.  Such
       a silencer is 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 points 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  points  5.3.1.1,
       5.3.1.2 and 5.3.1.3, below, or by removing the fibrous materials from the silencer.

5.3.1.1.    Continuous road operation for 10 000 km

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.    Conditioning 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 and 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 ¼ load at ¾ of rated maximum speed (S);

       3.   one-hour sequence under ½ load at ¾ of rated maximum speed (S);

       4.   10-minute sequence under full load at ¾ of rated maximum speed (S);

       5.   15-minute sequence under ½ load at rated maximum speed (S);

       6.   30-minute sequence under ¼ 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.    Conditioning by pulsation

5.3.1.3.1. The exhaust system or components thereof must be fitted to the vehicle referred to in Ö point Õ 2.3  or  the  engine  referred  to  in
       Ö point Õ 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.

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 point 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. If necessary, one cooling period may be observed after each hour.

5.3.2.      If the provisions of è1 [Article 11 (2) or 11 (3) ç of Directive 70/156/EEC] concerning EC type-approval are to be applied, the  test
       method set out in point 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 and the same 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  thus  obtained  at  that
       microphone position must have to comply with the noise limit.

5.4.3.      Limiting value

      The sound level shall not exceed the limit of 72 dB (A).

                                            ê 96/20/EC Art. 1(2) and Annex

6.    MODIFICATIONS OF THE TYPE AND AMENDMENTS OF APPROVAL

6.1.  In the case of modifications of the type approved pursuant to this Directive, the provisions of [Article 5 of Directive  70/156/EEC]  shall
       apply.

                                            ê 92/97/EEC Art. 1

7.    CONFORMITY OF PRODUCTION

                                            ê 96/20/EC Art. 1(2) and Annex

7.1.  Measures to ensure the conformity of production shall be taken in accordance with the requirements laid down in [Article  10  of  Directive
       70/156/EEC].

7.2.  Special provisions:

                                            ê 96/20/EC Art. 1(2) and Annex (adapted)

7.2.1.      The tests referred to in point 2.3.5. of [Annex X to Directive 70/156/EEC] are those laid down in Ö Section I of Õ Annex III to  this
       Directive.

                                            ê 96/20/EC Art. 1(2) and Annex

7.2.2.      The frequency of inspections referred to in [point 2.4. of Annex X to Directive 70/156/EEC] is normally one every two years.

                                            ê 92/97/EEC Art. 1

                                                                     Figure 1

                                           Microphone positions for the measurement of a moving vehicle

                                                                      [pic]

                                                                     Figure 2

                                  Test site and microphone positions for the measurement of a stationary vehicle

                                                        All distances are given in metres

                                                                      [pic]

                                                                     Figure 3

                                                   Test apparatus for conditioning by pulsation

                                                                      [pic]

                                                                     Figure 4

                                           Microphone positions for measurement of compressed air noise

                                                                      [pic]

The measurement is performed on 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.

                                            ê 96/20/EC Art. 1(2) and Annex (adapted)

                                                                    Appendix 1

|Information document No … pursuant to [Annex I of Council Directive 70/156/EEC] (*) relating to EC type-approval of a vehicle |
|with respect to the permissible sound level and the exhaust system (Directive [70/157/EEC], as last amended by Directive      |
|…/…/EC)                                                                                                                       |

                                                                      [pic]

                                                                      [pic]

                                                                      [pic]

                                                                      [pic]

                                                                    Appendix 2

                                                                      MODEL

                                                           EC TYPE-APPROVAL CERTIFICATE

                                                       (maximum format: A4 (210 × 297 mm))

|                                                                     |Stamp of administration      |
|Communication concerning the                                                                       |
|- type-approval (1),                                                                               |
|- extension of type-approval (1),                                                                  |
|- refusal of type-approval (1),                                                                    |
|- withdrawal of type-approval (1),                                                                 |
|of a type of a vehicle/component/separate technical unit (1) with regard to Directive .../.../EC,  |
|as last amended by Directive .../.../EC.                                                           |
|Type-approval number:                                                                              |
|........................................................................................           |
|Reason for extension:                                                                              |
|...........................................................................................        |

                                                                      [pic]

|As defined in [Ö Section A Õ of Annex II to Directive 70/156/EEC].                 |

                                                                      [pic]

|(2) The measurement values are given with the 1 dB (A) deduction in accordance with provisions of point     |
|5.2.2.5.1. of Annex I.                                                                                      |
|(3) ‘E’ indicates that the measurements in question were conducted in accordance with this Directive.       |

                                            ê 92/97/EEC Art. 1

                                                                     ANNEX II

                          EC TYPE-APPROVAL OF EXHAUST SYSTEMS AS SEPARATE TECHNICAL UNITS (REPLACEMENT EXHAUST SYSTEMS)

0.    SCOPE

                                            ê 92/97/EEC Art. 1 (adapted)
                                            è1 96/20/EC Art. 1(2) and Annex

      This Annex applies to the Ö EC Õ  type-approval,  as  separate  technical  units  within  the  meaning  of  è1 [Article  2 ç  of  Directive
       70/156/EEC], of exhaust systems or components thereof to be fitted to one or more given types of motor vehicle in categories M1 and N1  as
       replacement parts.

                                            ê 92/97/EEC Art. 1

1.    DEFINITIONS

1.1.  Replacement exhaust system or component thereof means any part of the exhaust system defined in point 1.2.1 of Annex I intended to  replace
       on a vehicle a part of the type granted EC type-approval with the vehicle in accordance with Annex I.

2.    APPLICATION FOR EC TYPE-APPROVAL

                                            ê 96/20/EC Art. 1(2) and Annex

2.1.  The application of EC type-approval pursuant to [Article 3 (4) of Directive 70/156/EEC] in respect  of  a  replacement  exhaust  system  or
       component thereof as a separate technical unit shall be submitted by  the  vehicle  manufacturer  or  the  manufacturer  of  the  separate
       technical unit in question.

2.2.  A model for the information document is given in Appendix 1.

                                            ê 92/97/EEC Art. 1

2.3.  At the request of the technical service concerned, the applicant must submit:

2.3.1.      –    two examples of the system in respect of which application for EC type-approval has been made,

2.3.2.      –    an exhaust system of the type originally fitted to the vehicle when EC type-approval was granted,

                                            ê 1999/101/EC Art. 1 and Annex, point 1(a) (adapted)

2.3.3.      –    a vehicle representative of the type to which the system is to be fitted,  which  meets  the  requirements  of  point  4.1  Ö of
           section I of Õ Annex III,

                                            ê 92/97/EEC Art. 1

2.3.4.      –    a separate engine corresponding to the type of vehicle described above.

                                            ê 92/97/EEC Art. 1
                                            è1 96/20/EC Art. 1(2) and Annex

è1 2.4. ç   Markings

è1 2.4.1. ç The replacement exhaust system or its components, excluding fixing hardware and pipes must bear:

è1 2.4.1.1. ç    –     the trademark or trade name of the manufacturer of the replacement system and its components,

è1 2.4.1.2. ç    –     the manufacturer's trade description,

                                            ê 92/97/EEC Art. 1
                                            è1 96/20/EC Art. 1(2) and Annex

è1 2.4.2. ç These marks must be clearly legible and indelible, even when the system is fitted to the vehicle.

                                            ê 96/20/EC Art. 1(2) and Annex

3.    GRANTING OF EC TYPE-APPROVAL

3.1.  If the relevant requirements are satisfied, EC type-approval pursuant to [Article 4 (3)] and, if applicable, [Article 4  (4)  of  Directive
       70/156/EEC] shall be granted.

3.2.  A model for the EC type-approval certificate is given in Appendix 2 to this Directive.

3.3.  A type-approval number in accordance with [Annex VII to Directive 70/156/EEC] shall be assigned to each type of replacement exhaust  system
       or component thereof approved as a separate technical unit; point 3 of the type-approval number shall indicate the number of the  amending
       Directive which was applicable at the time of the vehicle type-approval. The same Member State shall not assign the same number to another
       type of replacement exhaust system or component thereof.

                                            ê 96/20/EC Art. 1(2) and Annex

4.    EC TYPE-APPROVAL MARK

4.1.  Every replacement exhaust system or component thereof, excluding fixing hardware and pipes,  conforming  to  a  type  approved  under  this
       Directive shall bear an EC type-approval mark.

4.2.  The EC type-approval mark shall consist of a rectangle surrounding the lower case letter «e» followed by the  distinguishing  letter(s)  or
       number of the Member State which has granted the approval:

       «1»  for Germany

       «2»  for France

       «3»  for Italy

       «4»  for the Netherlands

       «5»  for Sweden

       «6»  for Belgium

                                            ê 2003 Act of Accession, Art. 20 and Annex II, pt. 1(A)(2), p. 54

       «7»  for Hungary,

       «8»  for the Czech Republic,

                                            ê 96/20/EC Art. 1(2) and Annex

       «9»  for Spain

       «11» for the United Kingdom

       «12» for Austria

       «13» for Luxembourg

       «17» for Finland

       «18» for Denmark

                                            ê 2003 Act of Accession, Art. 20 and Annex II, pt. 1(A)(2), p. 54

       «20» for Poland,

                                            ê 96/20/EC Art. 1(2) and Annex

       «21» for Portugal

       «23» for Greece

       «24» for Ireland

                                            ê 2003 Act of Accession, Art. 20 and Annex II, pt. 1(A)(2), p. 54

       «26» for Slovenia,

       «27» for Slovakia,

       «29» for Estonia,

       «32» for Latvia,

       «36» for Lithuania,

       «49» for Cyprus,

       «50» for Malta,

                                            ê 96/20/EC Art. 1(2) and Annex

      It must also include in the vicinity of the rectangle the «base approval number»  contained  in  [point  4]  of  the  type-approval  number
       referred to in [Annex VII to Directive 70/156/EEC], preceded by the two figures indicating the sequence number assigned to the most recent
       major technical amendment to [Council Directive 70/157/EEC] which was applicable at the time of the vehicle type-approval.  For  Directive
       [70/157/EEC], the sequence number is 00; for Directive 77/212/EEC the sequence number is 01; for Directive 84/424/EEC the sequence  number
       is 02; for Directive 92/97/EEC the sequence number is 03.

4.3.  The mark must be clearly legible and indelible even when the replacement exhaust system or component thereof is fitted to the vehicle.

4.4.  An example of the EC type-approval mark is shown in Appendix 3 to this Directive.

                                            ê 92/97/EEC Art. 1

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.

                                            ê 1999/101/EC Art. 1 and Annex, point 1(b)

5.1.3.      Exhaust systems shall be carefully installed on the vehicle. In particular, it shall be checked  that  the  complete  exhaust  system
       will not noticeably leak after installation.

                                            ê 92/97/EEC Art. 1
                                            è1 96/20/EC Art. 1(2) and Annex

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  points
       5.2.2.4 and 5.2.3.4 of Annex Iè1 [16] ç.

      When the replacement exhaust system or component thereof is mounted on the vehicle referred to in point 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 EC type-approval;

                                            ê 92/97/EEC Art. 1 (adapted)

5.2.1.2.    they must not exceed the sound level values measured on the vehicle, referred to in Ö point Õ 2.3.3, when  this  is  fitted  with  an
       exhaust system of the same type as that fitted to the vehicle when EC type-approval was granted.

                                            ê 92/97/EEC Art. 1

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.

                                            ê 92/97/EEC Art. 1 (adapted)

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
       Ö point Õ 2.3.3.

5.3.3.      The check must take the form of a measurement of pressure loss under the conditions specified in Ö point Õ 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.

                                            ê 92/97/EEC Art. 1

5.3.4.      Test method

5.3.4.1.    Engine test method

                                            ê 92/97/EEC Art. 1 (adapted)

      The measurement must be conducted on the engine referred to in Ö point Õ 2.3.4 coupled to a dynamometer.

                                            ê 92/97/EEC Art. 1

      With the throttle completely open, the bench must 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.

5.3.4.2.    Vehicle test method

      The measurements must be carried out on the vehicle referred to in point 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
       point 5.2.2.1 of Annex I.

                                            ê 92/97/EEC Art. 1 (adapted)

      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 Ö point Õ  5.2.1,  when  the  exhaust
       system is tested on a vehicle in accordance with the methods described in points 5.2.2 and 5.2.3 of Annex I.

                                            ê 92/97/EEC Art. 1

      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 points 5.3.1.1, 5.3.1.2 and 5.3.1.3 of Annex I.

                                            ê 92/97/EEC Art. 1 (adapted)

      After conditioning, the sound level must be checked as specified in Ö point Õ 5.2.1 above.

                                            ê 92/97/EEC Art. 1

      When the procedure described in point 5.2.1.2 is employed, the applicant for EC type-approval may ask for the conditioning of the  original
       equipment exhaust system or submit one which has been emptied.

                                            ê 96/20/EC Art. 1(2) and Annex

6.    MODIFICATION OF THE TYPE AND AMENDMENTS TO APPROVALS

6.1.  In the case of modifications of the type approved pursuant to this Directive, the provisions of [Article 5 of Directive  70/156/EEC]  shall
       apply.

7.    CONFORMITY OF PRODUCTION

7.1.  Measures to ensure the conformity of production shall be taken in accordance with the requirements laid down in [Article  10  to  Directive
       70/156/EEC].

7.2.  Special provisions:

                                            ê 96/20/EC Art. 1(2) and Annex (adapted)

7.2.1.      The tests referred to [point 2.3.5. of Annex X to Directive 70/156/EEC] are those prescribed in Ö section II of Õ Annex III  to  this
       Directive.

                                            ê 96/20/EC Art. 1(2) and Annex

7.2.2.      The frequency of inspections referred to in [point 2.4. of Annex X to Directive 70/156/EEC] is normally one every two years.

                                            ê 92/97/EEC Art. 1

                                                         Back pressure — measuring points

                                                                      [pic]

                                            ê 96/20/EC Art. 1(2) and Annex (adapted)

                                                                    Appendix 1

|Information document No … relating to EC type-approval as separate technical unit of exhaust systems for motor|
|vehicles (Directive [70/157/EEC], as last amended by Directive …/…/EC)                                        |

                                                                      [pic]

|1.6.   |All the information mentioned in items points 1.1. to 1.5. of the type-approval certificate concerning the   |
|       |vehicles ( Ö Appendix 2 of Õ Annex I to this Directive):                                                     |

                                                                      [pic]

                                                                    Appendix 2

                                                                      MODEL

                                                           EC TYPE-APPROVAL CERTIFICATE

                                                       (maximum format: A4 (210 × 297 mm))

|                                                                     |Stamp of administration      |
|Communication concerning the                                                                       |
|- type-approval (1),                                                                               |
|- extension of type-approval (1),                                                                  |
|- refusal of type-approval (1),                                                                    |
|- withdrawal of type-approval (1),                                                                 |
|of a type of a vehicle/component/separate technical unit (1) with regard to Directive .../.../EC,  |
|as last amended by Directive .../.../EC.                                                           |
|Type-approval number:                                                                              |
|........................................................................................           |
|Reason for extension:                                                                              |
|...........................................................................................        |

                                                                      [pic]

|Concerning the separate technical unit type-approval of exhaust systems for motor  |
|vehicles with regard to Directive [70/157/EEC], as last amended by Directive       |
|…/…/EC.                                                                            |

                                                                      [pic]

|As defined in Ö [Section A Õ of Annex II to Directive 70/156/EEC].                 |

                                                                      [pic]

|(1) If several types are indicated, points 1.3. to 1.10. inclusive must |
|be completed in respect of each type.                                   |

                                                                    Appendix 3

                                                       MODEL FOR THE EC TYPE-APPROVAL MARK

                                                                      [pic]

The exhaust system or component thereof bearing the above EC type-approval mark is a device which has been approved in Spain (e  9)  pursuant  to
Directive 92/97/EEC (03) under the base approval number 0148.

The figures used are only indicative.

                                            ê 92/97/EEC Art. 1
                                            è1 96/20/EC Art. 1(2) and Annex
                                            è2 1999/101/EC Art. 1 and Annex, point 2(a)

                                                                  è1 ANNEX III ç

                                                        CHECKS ON CONFORMITY OF PRODUCTION

I.    VEHICLES

1.    General

      These requirements are consistent with the test to be held to check conformity of production, è2 pursuant to point 7 of Annex I ç.

                                            ê 96/20/EC Art. 1(2) and Annex

2.    Testing procedures

      The methods of testing, conditions and measurements, measuring instruments and interpretation of results shall be those described in  Annex
       I. The vehicle(s) under test shall be subject to the test for measurement of noise of vehicle in motion as described in  point  5.2.2.  of
       Annex I.

                                            ê 92/97/EEC Art. 1

3.    Sampling

                                            ê 92/97/EEC Art. 1 (adapted)

      One vehicle has to be chosen. If after the test in Ö point Õ 4.1 below 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 points 1 and 2 does not exceed by more than 1 dB (A) the limit  values  prescribed  in
       point 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 Ö point Õ 4.1 does not satisfy the requirements laid down in that point, two more vehicles of  the  same
       type must be tested pursuant to points 1 and 2.

4.3.  If the sound level of the second and/or third vehicle of Ö point Õ 4.2 exceeds by more than 1 dB (A) the limit values prescribed  in  point
       5.2.2.1 of Annex I, the vehicle type is considered not to conform to the requirements of this Directive and the manufacturer must take the
       necessary measures to restore the conformity.

                                            ê 92/97/EEC Art. 1
                                            è1 1999/101/EC Art. 1 and Annex, point 2(b)

II.   REPLACEMENT EXHAUST SYSTEMS

1.    General

      These requirements are consistent with the test to be held to check conformity of production, è1 pursuant to point 7 of Annex II ç.

2.    Testing procedures

      The methods of testing, measuring instruments and interpretation of results are  those  described  in  Annex  II.  The  exhaust  system  or
       component under test must be subjected to the test as described in point 5 of Annex II.

3.    Sampling

                                            ê 92/97/EEC Art. 1 (adapted)

      An exhaust system or component has to be chosen. If, after the test in Ö point Õ 4.1, the sample  is  not  considered  to  conform  to  the
       requirements of this Directive, two more samples have to be tested.

                                            ê 92/97/EEC Art. 1

4.    Evaluation of the results

4.1.  If the sound level of the exhaust system or component, tested pursuant to points 1 and 2, measured in accordance with point  5.2  of  Annex
       II, does not exceed by more than 1 dB (A) the level measured during the  EC  type-approval  tests  of  this  type  of  exhaust  system  or
       component, the exhaust system or component type is considered to conform to the requirements of this Directive.

                                            ê 92/97/EEC Art. 1 (adapted)

4.2.  If the exhaust system or component tested according to Ö point Õ 4.1 does not satisfy the requirements laid down in that  point,  two  more
       exhaust systems or components of the same type must be tested pursuant to points 1 and 2 above.

4.3.  If the sound level of the second and/or third sample of Ö point Õ 4.2 exceeds by more than 1 dB (A) the level measured during the EC  type-
       approval tests of this type of exhaust system or component, the exhaust system or component type is  considered  not  to  conform  to  the
       requirements of this Directive and the manufacturer must take the necessary measures to restore the conformity.

                                            ê 92/97/EEC Art. 1
                                            è1 96/20/EC Art. 1(2) and Annex

                                                                  è1 ANNEX IV ç

                                                            TEST TRACK SPECIFICATIONS

This Annex lays down specifications relating to the physical characteristics of the paving and the layout of the test track paving.

1.    REQUIRED CHARACTERISTICS OF THE SURFACE

                                            ê 92/97/EEC Art. 1 (adapted)

      A surface is considered to conform to this Directive provided that the texture and voids content or sound absorption coefficient have  been
       measured and found to fulfil all the requirements given in Ö points Õ 1.1 to 1.4 and provided that the design requirements  (  point  2.2)
       have been met.

                                            ê 92/97/EEC Art. 1

1.1.  Residual voids content

      The residual voids content, Vc, of the test track paving mixture shall not exceed 8 %. See point 3.1 for measurement procedure.

1.2.  Sound absorption coefficient

      If the surface fails to comply with the residual voids content requirement,  the  surface  is  acceptable  only  if  its  sound  absorption
       coefficient, α, is ≤ 0,10. See point 3.2 for measurement procedure.

      The requirement of point 1.1. and 1.2. is met also if only sound absorption has been measured and found to be: α ≤ 0,10.

1.3.  Texture depth

      The texture depth (TD) measured according to the volumetric method (see point 3.3) shall be:

                                                                   TD ≥ 0,4 mm.

1.4.  Homogeneity of the surface

      Every practical effort shall be taken to ensure that the surface is made to be as  homogenous  as  possible  within  the  test  area.  This
       includes the texture and voids content, but it should also be observed that if the rolling process results in more  effective  rolling  at
       some places than at others, the texture may be different and uneveness causing bumps may also occur.

1.5.  Period of testing

      In order to check whether the surface continues to conform to the texture and voids content or sound absorption requirements stipulated  in
       this standard, periodic testing of the surface shall be done at the following intervals:

       (a)  for residual voids content or sound absorption:

              – when the surface is new,

              – if the surface meets the requirement when new, no further periodical testing is required.

            If it does not meet the requirement when it is new, it may do so later because surfaces tend to become  clogged  and  compacted  with
           time;

       (b)  for texture depth (TD):

              – when the surface is new,

              – when the noise testing starts (NB: not before four weeks after laying),

              – then every twelve months.

2.    TEST SURFACE DESIGN

2.1.  Area

      When designing the test track layout it is important to ensure that, as a minimum requirement, the area traversed by the  vehicles  running
       through the test strip is covered with the specified test material with suitable margins for safe and practical driving. This will require
       that the width of the track is at least 3 m and the length of the track extends beyond lines AA and BB by at least 10  m  at  either  end.
       Figure 1 shows a plan of a suitable test site and indicates the minimum area which shall be machine laid and machine  compacted  with  the
       specified test surface material.

                                                                      [pic]

                                                                     Figure 1

                                                    Minimum requirements for test surface area

                                                      The shaded part is called «test area»

2.2.  Design requirements for the surface

      The test surface shall meet four design requirements:

       1.   it shall be a dense asphaltic concrete;

       2.   the maximum chipping size shall be 8 mm (tolerances allow from 6,3 to 10 mm);

       3.   the thickness of the wearing course shall be ≥ 30 mm;

       4.   the binder shall be a straight penetration grade bitumen without modification.

      As a guide to the test surface constructor, an aggregate grading curve which will give desired characteristics is shown  in  figure  2.  In
       addition, table 3 gives some guidelines in order to obtain the desired texture and  durability.  The  grading  curve  fits  the  following
       formula:

                                                          P (% passing) = 100 (d/dmax) ½

      where

      d     =    square mesh sieve size, in mm

      dmax  =    8 mm for the mean curve

      dmax  =    10 mm for the lower tolerance curve

      dmax  =    6,3 mm for the upper tolerance curve

      In addition to the above, the following recommendations are given:

         – the sand fraction (0,063 mm < square mesh sieve size < 2 mm) shall include no more than 55 % natural sand and at least 45  %  crushed
           sand,

         – the base and sub-base shall ensure a good stability and evenness, according to best road construction practice,

         – the chippings shall be crushed (100 % crushed faces) and of a material with a high resistance to crushing,

         – the chippings used in the mix shall be washed,

         – no extra chippings shall be added on to the surface,

         – the binder hardness expressed as PEN value shall be 40 to 60, 60 to 80 or even 80 to 100, depending on  the  climatic  conditions  of
           the country. The rule is that as hard a binder as possible shall be used, provided this is consistent with common practice,

         – the temperature of the mix before rolling shall be chosen so as to achieve by subsequent  rolling  the  required  voids  content.  In
           order to increase the probability of satisfying the specifications of points 1.1 to 1.4, the compactness shall be studied not only by
           an appropriate choice of mixing temperature, but also by an appropriate number of passings and by the choice of compacting vehicle.

                                                                      [pic]

                                                                     Figure 2

                                       Grading curve of the aggregate in the asphaltic mix, with tolerances

                                                                     Table 3

                                                                Design guidelines

|                                                            |Target values                                       |Tolerances            |
|                                                            |By total mass of mix      |By mass of the apprecate|                      |
|Mass of stones, Square Mesh Sieve (SM) > 2 mm               |47,6 %                    |50,5 %                  |± 5                   |
|Mass of sand 0,063 < SM < 2 mm                              |38,0 %                    |40,2 %                  |± 5                   |
|Mass of filler SM < 0,063 mm                                |8,8 %                     |9,3 %                   |± 2                   |
|Mass of binder (bitumen)                                    |5,8 %                     |N.A.                    |± 0,5                 |
|Maximum chipping size                                       |8 mm                                                |6,3-10                |
|Binder hardness                                             |(see below)                                         |                      |
|Polished stone value (PSV) (see doc. 5 in bibliography)     |> 50                                                |                      |
|Compactness, relative to Marshall compactness               |98 %                                                |                      |

3.    TEST METHODS

3.1.  Measurement of the residual voids content

      For the purpose of this measurement, cores have to be taken from the  track  at  least  at  four  different  positions  which  are  equally
       distributed in the test area between lines AA and BB (see figure 1). In order to avoid inhomogeneity and unevenness in the  wheel  tracks,
       cores should not be taken in the wheel tracks themselves, but close to them. Two cores (minimum) should be taken close to the wheel tracks
       and one core (minimum) should be taken approximately midway between the wheel tracks and each microphone location.

      If there is a suspicion that the condition of homogeneity is not met (see point 1.4), cores shall be taken from more locations  within  the
       test area.

      The residual voids content has to be determined for each core. Then the average value from all cores shall be calculated and compared  with
       the requirement of point 1.1. In addition, no single core shall have a voids value which is higher than 10 %.

      The test surface constructor is reminded of the problem which may arise when the test area is heated  by  pipes  or  electrical  wires  and
       cores must be taken from this area. Such installations must be carefully planned with respect to future core  drilling  locations.  It  is
       recommended to leave a few locations of size approximately 200 × 300 mm where there are no wires or pipes, or where the latter are located
       deep enough in order not to be damaged by cores taken from the surface layer.

3.2.  Sound absorption coefficient

      The sound absorption coefficient (normal incidence) shall be measured by the  impedance  tube  method  using  the  procedure  specified  in
       ISO/DIS 10534: «Acoustics — Determination of sound absorption coefficient and impedance by a tube method».

      Regarding test specimens, the same requirements shall be followed as regarding the residual voids content (see point 3.1).

      The sound absorption shall be measured in the range 400 to 800 Hz and in the range 800 to 1 600 Hz (at least at the centre  frequencies  of
       third octave bands) and the maximum values shall be identified for both of these frequency ranges. Then these values, for all test  cores,
       shall be averaged to constitute the final result.

3.3.  Volumetric macrotexture measurement

      For the purposes of this standard, texture depth measurements shall be made on at least 10 positions evenly spaced along the  wheel  tracks
       of the test strip and the average value taken to compare with the specified minimum texture depth. See Annex F to Draft  Standard  ISO/DIS
       10844 for a description of the procedure.

4.    STABILITY IN TIME AND MAINTENANCE

4.1.  Age influence

      In common with many other surfaces, it is expected that the tyre/road noise levels measured on  the  test  surface  may  increase  slightly
       during the first six to 12 months after construction.

      The surface will achieve its required characteristics not earlier than four weeks after construction. The influence of  age  on  the  noise
       from trucks is generally less than that from cars.

      The stability over time is determined mainly by the polishing and compaction by vehicles driving on the surface. It shall  be  periodically
       checked as stated in point 1.5.

4.2.  Maintenance of the surface

      Loose debris or dust which could significantly reduce the effective texture depth must be removed  from  the  surface.  In  countries  with
       winter climates, salt is sometimes used for de-icing. Salt may alter the surface temporarily or even permanently  in  such  a  way  as  to
       increase noise and is therefore not recommended.

4.3.  Repaving the test area

      If it is necessary to repave the test track, it is usually unnecessary to repave more than the test strip (of 3 m width in figure 1)  where
       vehicles are driving provided the test area outside the strip met the requirement of residual voids content or sound  absorption  when  it
       was measured.

5.    DOCUMENTATION OF THE SURFACE AND OF TESTS PERFORMED ON IT

5.1.  Documentation of the test surface

      The following data shall be given in a document describing the test surface:

       (a)  the location of the test track;

       (b)  type of binder, binder hardness, type of aggregate, maximum theoretical density of the concrete  («DR»),  thickness  of  the  wearing
           course and grading curve determined from cores from the test track;

       (c)  method of compaction (e.g. type of roller, roller mass, number of passes);

       (d)  temperature of the mix, temperature of the ambient air and wind speed during laying of the surface;

       (e)  date when the surface was laid and contractor;

       (f)  all or at least the latest test result, including:

           (i)   the residual voids content of each core;

           (ii)  the locations in the test area from where the cores for voids measurement have been taken;

           (iii) the sound absorption coefficient of each core (if measured). Specify the results both for each core and each frequency range as
                well as the overall average;

           (iv)  the locations in the test area from where the cores for absorption measurement have been taken;

           (v)   texture depth, including the number of tests and standard deviation;

           (vi)  the institution responsible for tests (i) and (iii) and the type of equipment used;

           (vii) date of the test(s) and date when the cores were taken from the test track.

5.2.  Documentation of vehicle noise tests conducted on the surface

      In the document describing the vehicle noise test(s) it shall be stated whether all the  requirements  were  fulfilled  or  not.  Reference
       shall be given to a document according to point 5.1.

                                                                  _____________

                                            é

                                                                     ANNEX V

                                                                      Part A
                                                            (referred to in Article 6)

|Council Directive 70/157/EEC                                                         |                                              |
|(OJ L 42, 23.2.1970, p. 16)                                                          |                                              |
|Commission Directive 73/350/EEC                                             |                                                     |
|(OJ L 321, 22.11.1973, p. 33)                                               |                                                     |
|Council Directive 77/212/EEC                                                |                                                     |
|(OJ L 66, 12.3.1977, p. 33)                                                 |                                                     |
|Commission Directive 81/334/EEC                                             |                                                     |
|(OJ L 131, 18.5.1981, p. 6)                                                 |                                                     |
|Commission Directive 84/372/EEC                                             |                                                     |
|(OJ L 196, 26.7.1984, p. 47)                                                |                                                     |
|Council Directive 84/424/EEC                                                |                                                     |
|(OJ L 238, 6.9.1984, p. 31)                                                 |                                                     |
|Council Directive 87/354/EEC                                                |Point 1 of the Annex only                            |
|(OJ L 192, 11.7.1987, p. 43)                                                |                                                     |
|Commission Directive 89/491/EEC                                             |First indent of Article 1 and Annex I only           |
|(OJ L 238, 15.8.1989, p. 43)                                                |                                                     |
|Council Directive 92/97/EEC                                                 |                                                     |
|(OJ L 371, 19.12.1992, p. 1)                                                |                                                     |
|Commission Directive 96/20/EC                                               |                                                     |
|(OJ L 92, 13.4.1996, p. 23)                                                 |                                                     |
|Commission Directive 1999/101/EC                                            |                                                     |
|(OJ L 334, 28.12.1999, p. 41)                                               |                                                     |

                                                                      Part B

                                                        Non-repealed successive amendments
                                                            (referred to in Article 6)

|1972 Act of Accession                                                                                                                    |
|1985 Act of Accession                                                                                                                    |
|1994 Act of Accession                                                                                                                    |
|2003 Act of Accession                                                                                                                    |

                                                                      Part C

                                     List of time-limits for transposition into national law and application
                                                            (referred to in Article 6)

|Directive                                 |Time-limit for transposition                   |Date of application                            |
|70/157/EEC                                |10 August 1971[17]                             |-                                              |
|73/350/EEC                                |28 February 1974(1)                            |-                                              |
|77/212/EEC                                |1 April 1977(2)                                |-                                              |
|81/334/EEC                                |1 January 1982 (3)                             |-                                              |
|84/372/EEC                                |30 September 1984 (4)                          |-                                              |
|84/424/EEC                                |31 December 1984 (5)                           |-                                              |
|87/354/EEC                                |31 December 1987                               |-                                              |
|89/491/EEC                                |1 January 1990                                 |-                                              |
|92/97/EEC                                 |1 July 1993 (6)                                |-                                              |
|96/20/EC                                  |30 September 1996 (7)                          |-                                              |
|1999/101/EC                               |31 March 2000 (8)                              |1 April 2000                                   |

(1) In conformity with the paragraphs 1, 2 and 3 of Article 2 of Directive 73/350/EEC:

1. With effect from 1 March 1974 the Member States shall not, on grounds relating to the permissible sound level and the exhaust system:

     – refuse EEC type-approval, or the delivery of the document referred to in Article 10 (1), 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.

2. With effect from 1 October 1974 the Member States:

     – shall no longer issue the document envisaged in Article 10 (1), second indent, of the Council Directive of 6  February  1970  (70/156/EEC)
       for 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 (70/157/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 (70/157/EEC) as last amended by this Directive.

3. With effect from 1 October 1975 the Member States may prohibit the first entry 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.

(2) In conformity with Article 2 of Directive 77/212/EEC:

1. With effect from 1 April 1977, no Member State shall, on grounds relating to the noise level and the exhaust system:

     – refuse EEC type-approval, or issue of the document referred to in Article 10 (1), third indent,  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[18], as amended by the Act of Accession, or national type-approval for any type of motor vehicle,

     – or prohibit the initial entry into service of vehicles,

if the noise level and the exhaust system of such type of vehicle or vehicles satisfy the requirements of Directive  70/157/EEC,  as  amended  by
the present Directive.

2. With effect from 1 April 1980, Member States:

     – shall no longer issue the document provided for in Article 10 (1), third indent, of Directive 70/156/EEC  for  a  type  of  vehicle  whose
       noise level and exhaust system do not satisfy the requirements of Directive 70/157/EEC, as amended by the present Directive,

     – may refuse national type-approval for a type of vehicle whose noise level and exhaust system do not satisfy the requirements of  Directive
       70/157/EEC, as amended by the present Directive.

However, for vehicles in category I.1.6 as shown in the table in Article 1, the date «1 April 1980» shall  be  replaced  by  the  date  «1  April
1982».

3. With effect from 1 October 1982, Member States may prohibit the initial entry into service of vehicles whose noise level  and  exhaust  system
do not satisfy the requirements of Directive 70/157/EEC, as amended by the present Directive.

(3) In conformity with Article 2 of Directive 81/334/EEC:

1. With effect from 1 January 1982, no Member State may, on grounds relating to the permissible sound level and the exhaust system:

     – refuse to grant EEC type-approval, to issue the document referred to in the last indent of Article 10 (1) of Directive  70/156/EEC  or  to
       grant national type-approval, in respect of a 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  the  vehicles  concerned,  comply  with  the  provisions  of  Directive
70/157/EEC, as amended by the present Directive.

2. With effect from 1 October 1984, a Member State:

     – shall no longer issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of  motor
       vehicle in which the sound level and exhaust system do not comply with the provisions of Directive 70/157/EEC, as amended by  the  present
       Directive,

     – may refuse to grant national type-approval in respect of a type of motor vehicle in which the  sound  level  and  exhaust  system  do  not
       comply with the provisions of Directive 70/157/EEC, as amended by the present Directive.

3. With effect from 1 October 1985, Member States may prohibit the entry into service of vehicles in which the sound level and exhaust system  do
not comply with the provisions of Directive 70/157/EEC, as amended by the present Directive.

(4) In conformity with Article 2 of Directive 84/372/EEC:

1. With effect from 1 October 1984, Member States shall not, on grounds relating to the permissible sound level and the exhaust system:

     – refuse, in respect of a type of motor vehicle, to grant EEC type-approval, to issue the  document  referred  to  in  the  last  indent  of
       Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval, or

     – prohibit the entry into service of such vehicles,

if the sound level and the exhaust system of this type of  vehicle  or  of  the  vehicles  concerned  conform  to  the  provisions  of  Directive
70/157/EEC, as amended by this Directive.

2. With effect from 1 October 1985, Member States:

     – may no longer issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a  type  of  motor
       vehicle of which the sound level and exhaust system do not comply with  the  provisions  of  Directive  70/157/EEC,  as  amended  by  this
       Directive,

     – may refuse to grant national type-approval in respect of a type of motor vehicle of which the  sound  level  and  exhaust  system  do  not
       comply with the provisions of Directive 70/157/EEC, as amended by this Directive.

3. With effect from 1 October 1986, Member States may prohibit the entry into service of vehicles of which the sound level and exhaust system  do
not comply with the provisions of Directive 70/157/EEC, as amended by this Directive.

(5) In conformity with Article 2 of Directive 84/424/EEC:

1. With effect from 1 January 1985, Member States may not, on grounds relating to the permissible sound level and the exhaust system:

     – refuse, in respect of a type of motor vehicle, to grant EEC type-approval, to issue the document  referred  to  in  the  third  indent  of
       Article 10 (1) 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[19], as last amended by Directive 80/1267/EEC[20], or to grant national  type-approval,
       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  Directive  70/157/EEC  as
amended by this Directive.

2. With effect from 1 October 1988, Member States:

     – may no longer issue the document referred to in the third indent of Article 10 (1) of Directive 70/156/EEC in respect of a type  of  motor
       vehicle of which the sound level and the exhaust system do not comply with the requirements of Directive 70/157/EEC  as  amended  by  this
       Directive,

     – may refuse to grant national type-approval in respect of a type of motor vehicle of which the sound level and the exhaust  system  do  not
       comply with the requirements of Directive 70/157/EEC as amended by this Directive.

However, for vehicles in category 5.2.2.1.3 as defined in Article 1 which  are  equipped  with  diesel  engines  and  for  vehicles  in  category
5.2.2.1.4, «1 October 1988» is replaced by «1 October 1989».

3. With effect from 1 October 1989, Member States may prohibit the entry into service of vehicles of which the sound level and exhaust system  do
not comply with the requirements of Directive 70/157/EEC, as amended by this Directive.

However, for vehicles in category 5.2.2.1.3 as defined in Article 1 which  are  equipped  with  diesel  engines  and  for  vehicles  in  category
5.2.2.1.4, «1 October 1989» is replaced by «1 October 1990».

(6) (a) In conformity with Article 2 of Directive 92/97/EEC:

1. With effect from 1 July 1993, Member States may not, on grounds relating to the permissible sound level and the exhaust system:

     – refuse, in respect of a type of motor vehicle, to grant EEC type-approval, to issue the  document  referred  to  in  the  last  indent  of
       Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval,

      or

     – prohibit the initial 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 requirements of  Directive  70/157/EEC  as
amended by this Directive.

2. With effect from 1 October 1995, Member States:

     – may no longer grant EEC type-approval or issue the document referred to in the last indent of Article 10 (1) of  Directive  70/156/EEC  in
       respect of a type of motor vehicle,

     – must refuse to grant national type-approval in respect of a type of motor vehicle,

of which the sound level and the exhaust system do not comply with the requirements set out in the Annexes to Directive 70/157/EEC as amended  by
this Directive.

3. With effect from 1 October 1996, Member States shall prohibit the initial entry into service of motor vehicles of which the  sound  level  and
the exhaust systems do not comply with the requirements set out in the Annexes to Directive 70/157/EEC as amended by this Directive.

(6) (b) In conformity with Article 3 of Directive 92/97/EEC:

Member States may make provision for tax incentives only in respect of motor vehicles which comply with  this  Directive.  Such  incentives  must
comply with the provisions of the Treaty and, in addition, must meet the following conditions:

     – they must apply to all nationally-manufactured motor vehicles and all imported vehicles which are offered for sale  on  the  market  of  a
       Member State and which meet, in advance, the requirements of this Directive due to be complied with in 1995,

     – they shall be terminated with effect from the mandatory application of the sound level values laid down in Article 2  (3)  for  new  motor
       vehicles,

     – in respect of each type of motor vehicle, they must represent  an  amount  substantially  below  the  additional  cost  of  the  technical
       solutions introduced to ensure compliance with the established values and of their installation on the vehicle.

The Commission must be informed in good time of plans to institute or change tax incentives  as  referred  to  in  the  first  subparagraph.  The
Commission must give its consent before such incentives are put into effect and must, in  particular,  take  into  account  the  impact  of  such
incentives on the internal market.

(7) In conformity with Article 2 of Directive 96/20/EC:

1. With effect from 1 October 1996 Member States may not, on grounds relating to the permissible sound level or the exhaust system:

     – refuse, in respect of a type of vehicle or a type of exhaust system, to grant EC type-approval or national type-approval, or

     – prohibit the registration, sale or entry into service of vehicles, or the sale or entry into service of exhaust systems,

if the vehicles or exhaust systems comply with the requirements of Directive 70/157/EEC, as amended by this Directive.

2. With effect from 1 January 1997 Member States:

     – shall no longer grant EC type-approval, and

     – shall refuse to grant national type-approval,

for a type of vehicle on grounds relating to its permissible sound level and for a type of exhaust  system,  if  the  requirements  of  Directive
70/157/EEC, as amended by this Directive, are not fulfilled.

3. Notwithstanding paragraph 2, for the purposes of replacement parts, Member States shall continue to grant EC type-approval, and to permit  the
sale and entry into service, of exhaust systems in accordance with previous versions of Directive 70/157/EEC provided that such exhaust systems:

     – are intended to be fitted to vehicles already in use, and

     – comply with the requirements of that Directive which were applicable when the vehicles were first registered.

(8) In conformity with Article 2 of Directive 1999/101/EC:

1. With effect from 1 April 2000, Member States may not, on grounds relating to the permissible sound level or the exhaust system:

     – refuse to grant EC type-approval or national type-approval in respect of a type of vehicle or a type of exhaust system,

      or

     – prohibit the registration, sale or entry into service of vehicles, or the sale or entry into service of exhaust systems,

if the vehicles or exhaust systems meet the requirements of Directive 70/157/EEC, as amended by this Directive.

2. With effect from 1 October 2000, Member States:

     – shall no longer grant EC type-approval,

      and

     – shall refuse to grant national type-approval

for a type of vehicle and for a type of exhaust system, if the requirements of Directive 70/157/EEC,  as  amended  by  this  Directive,  are  not
fulfilled.

3. Notwithstanding paragraph 2, for the purposes of replacement parts, Member States shall continue to grant EC type-approval, and to permit  the
sale or entry into service, of exhaust systems in accordance with previous versions of Directive 70/157/EEC, provided that such exhaust systems:

     – are intended to be fitted to vehicles already in use,

      and

     – comply with the requirements of that Directive which were applicable when the vehicles were first registered.’

                                                                  _____________

                                                                     ANNEX VI

                                                                Correlation Table

|Directive 70/157/EEC                                                 |This Directive                                                       |
|Article 1                                                            |Article 1                                                            |
|Article 2, introductory phrase                                       |Article 2, introductory phrase                                       |
|Article 2, first indent                                              |Article 2, point (a)                                                 |
|Article 2, second indent                                             |Article 2, point (b)                                                 |
|Article 2a                                                           |Article 3                                                            |
|Article 3                                                            |Article 4                                                            |
|Article 4(1)                                                         |-                                                                    |
|Article 4(2)                                                         |Article 5                                                            |
|-                                                                    |Article 6                                                            |
|-                                                                    |Article 7                                                            |
|Article 5                                                            |Article 8                                                            |
|Annexes I to IV                                                      |Annexes I to IV                                                      |
|-                                                                    |Annex V                                                              |
|-                                                                    |Annex VI                                                             |

                                                                  _____________

                                                             -----------------------
[1]   COM(87) 868 PV.
[2]   See Annex 3 to Part A of the Conclusions.
[3]   Carried out pursuant to the Communication from the Commission to the European Parliament and the  Council  –  Codification  of  the  Acquis
      communautaire, COM(2001) 645 final.
[4]   See Annex V, Parts A and B of this proposal.
[5]   OJ C
[6]   OJ C
[7]   OJ L 42, 23.2.1970, p. 16. Directive as last amended by the 2003 Act of Accession.
[8]   OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission Directive 2004/78/EC (OJ L 153, 30.4.2004, p. 103).
[9]   See Annex V, Parts A and B.
[10]  Published as Annex I to Council Decision of 27 November 1997 with a view to the accession of the European Community  to  the  Agreement  of
      the United Nations Economic Commission for Europe concerning  the  adoption  of  uniform  technical  prescriptions  for  wheeled  vehicles,
      equipment and parts which can be fitted and/or be used on wheeled vehicles and the  conditions  for  reciprocal  recognition  of  approvals
      granted on the basis of these prescriptions (“Revised 1958 Agreement”), (Decision 97/836/EC) OJ L 346, 17.12.1997, p. 78.
[11]  In accordance with the definitions given in Ö section A of Õ Annex II to Directive 70/156/EEC.
[12]  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.
[13]  OJ No L 129, 14. 5. 1992, p. 95.
[14]  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.
[15]  If x/n does not correspond to a whole number, the nearest higher ratio must be used.
[16]  As prescribed in the version of this Directive which was applicable to the type-approval of the vehicle.
[17]  In case of Ireland and United Kingdom it was 1 July 1973.
[18]  OJ No L 42, 23. 2. 1970, p. 1.
[19]  OJ No L 42, 23. 2. 1970, p. 1.
[20]  OJ No L 375, 31. 12. 1980, p. 34.