CELEX: 51992PC0064
Language: en
Date: 1992-03-19
Title: Proposal for a COUNCIL DIRECTIVE amending Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehicles

22 . 4 . 92                                 Official Journal of the European Communities                                      No C 100 / 7
                                                                    II
                                                            (Preparatory Acts)
                                                      COMMISSION
             Proposal for a Council Directive amending Directive 70/220/EEC on the approximation of the
             laws of the Member States relating to measures to be taken against air pollution by emissions
                                                          from motor vehicles
                                                             (92 /C 100 /05)
                                                     COM(92) 64 final — SYN 398
                                           (Submitted by the Commission on 20 March 1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               be made to reduce considerably the present level of
                                                                        emissions of pollutants from motor vehicles ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 100a                      Whereas Council Directive 70 / 220 / EEC (3), as last
thereof,                                                                amended by Directive 91 /441 /EEC (4), is one of the
                                                                        separate directives of the EEC type-approval procedure
                                                                        which has been established by Council Directive
                                                                        70 / 156 /EEC of 6 February 1970 on the approximation
Having regard to the proposal from the Commission,                      of the laws of the Member States relating to the type­
                                                                        approval of motor vehicles and their trailers (5), as last
                                                                        amended by Directive 87 / 403 /EEC (6);
in cooperation with the European Parliament,
                                                                        Whereas Directive 70 / 220/ EEC lays down the limit
Having regard to the opinion of the Economic and                        values for carbon monoxide and unburnt hydrocarbon
Social Committee ,                                                      emissions from the engines of such vehicles ; whereas
                                                                        these limit values were first reduced by Directive
                                                                        74/ 290/EEC (7) and supplemented, in accordance with
                                                                        Directive 77/ 102/EEC (8), by limit values for permissible
Whereas it is important to adopt measures with the aim                  emissions of nitrogen oxides ; whereas the limit values for
of progressively establishing the internal market over a                these three types of pollution were successively reduced
period expiring on 31 December 1992 ; whereas the                       by Directives 78 /665 /EEC ('), 83 / 351 /EEC (10) and
internal market is to comprise an area without internal                 88 /76/EEC ( n), limit values for particulate pollutant
frontiers in which the free movement of goods, persons,                 emissions from diesel engines were introduced by
services and capital is ensured ;                                       Directive 88 / 436/ EEC ( u) and more stringent European
                                                                        standards for the emissons of gaseous pollutants of cars
                                                                        below 1 400 cm5 by Directive 89/ 458 / EEC ("); whereas
                                                                        these    standards       have     been      extended to  all cars
Whereas the first programme of action of the European
Communities on protection of the environment,                            O   OJ  No L 76 , 6 . 4 . 1970 , p . 1 .
approved by the Council on 22 November 1973 ('),                         (4) OJ  No L 242 , 30 . 8 . 1991 , p. 1 .
called for account to be taken of the latest scientific                  O   OJ  No L 42 , 23 . 2 . 1970, p. 1 .
advances in combating atmospheric pollution caused by                    0)  OJ  No L 220 , 8 . 8 . 1987 , p . 44 .
gases emitted from motor vehicles and for directives                     O   OJ  No L 159 , 15 . 6 . 1974 , p. 61 .
adopted previously to be amended accordingly; whereas                    (') OJ  No L 32, 3 . 2. 1977, p. 32 .
the third programme of action, approved by the Council                   O   OJ  No L 223 , 14 . 8 . 1978 , p. 48 .
on 7 February 1983 (2), provides for additional efforts to              H    OJ  No L 197 , 20 . 7 . 1983 , p . 1
                                                                        O    OJ  No L 36 , 9 . 2 . 1988 , p . 1 .
(') OJ No C 112 , 20 . 12 . 1973 , p . 1 .                              (")  OJ  No L 214 , 6 . 8 . 1988 , p . 1 .
O OJ No C 46 , 17 . 2 . 1983 , p . 1 .                                  (")  OJ  No L 226 , 3 . 8 . 1989 , p . 1 .
 ---pagebreak--- No C 100 / 8                             Official Journal of the European Communities                                  22 . 4 . 92
independently of their engine capacity on the basis of an          — prohibit the initial entry into service of motor
improved European test procedure including an                           vehicles ,
extra-urban driving cycle and requirements relating to
the evaporative emissions and to the durability of
emission-related vehicle components as well as more                 if emissions from that type of motor vehicle or from such
stringent particulate pollutant standards for cars                 vehicles meet the provisions of Directive 70/220/EEC,
equipped with diesel engines which were introduced by               as amended by this Directive.
Directive 9 1 / 441 /EEC ;
                                                                   2.     From 1 October 1993 Member States :
Whereas the stringent European standards apply only to
passenger cars designed to carry no more than six
passengers and having a maximum mass of not more                   — may no longer grant EEC type-approval or issue the
than 2 500 kg ; whereas the transitional provisions                     document provided for in the last indent of Article
relating to the other vehicle categories covered by the                 10 ( 1 ) of Directive 70 / 156/EEC for a type of motor
scope of Directive 70 / 220 / EEC , in particular to light              vehicle ,
commercial vehicles, provide for less stringent standards ;
                                                                   — shall refuse national type-approval for a type of
Whereas the work undertaken by the Commission in this                   motor vehicle ,
field has shown that the industry of the Community has
available, or is currently perfecting, technologies which          the emissions from which do not meet the requirements
allow the vehicles concerned to comply with standards              of the Annexes to Directive 70 / 220 / EEC , as amended
which are as servere as those for passenger cars taking            by this Directive.
into account the specific conditions of such vehicles ;
whereas the proposed standards should be implemented
as soon as possible for the benefit of the coherence of            3 . From 1 October 1994 Member States shall prohibit
the measures of the Community against air pollution by             the initial entry into service of vehicles the emissions
road traffic,
                                                                   from which do not meet the requirements of the Annexes
                                                                   to Directive 70/220/EEC, as amended by this Directive.
HAS ADOPTED THIS DIRECTIVE :
                                                                                               Article 3
                           Article 1
                                                                   Member States shall bring into force the laws, regu­
Annexes I, III, IV, V and IX to Directive 70/220/EEC               lations and administrative provisions necessary to comply
are hereby amended in accordance with the Annex to                 with this Directive before 1 January 1993 . They shall
this Directive .
                                                                   immediately inform the Commission thereof.
                                                                   When Member States adopt these provisions, these shall
                           Article 2                               contain a reference to this Directive or shall be accom­
                                                                   panied by such reference at the time of their official
1 . From 1 January 1993 no Member State may, on                    publication . The procedure for such reference shall be
grounds relating to air pollution by their emissions :             adopted by Member States .
— refuse to grant EEC type- approval, to issue the
    document referred to in the last indent of Article                                         Article 4
    10 ( 1 ) of Directive 70 / 156/EEC , or to grant national
    type-approval for a type of motor vehicle, or                  This Directive is addressed to the Member States .
 ---pagebreak--- 22 . 4 . 92                                    Official Journal of the European Communities                               No C 100 /9
                                                                        ANNEX
                     Amendments to the Annexes to Directive 70/220/EEC as amended by Directive 9 1 /441 /EEC
            ANNEX I
             1 . Item 5.2.1 reads as follows :
                  ' 5.2.1 . Positive-ignition engined vehicles must be subject to the following tests :
                            — Type I (simulating the average tailpipe emissions after a cold start),
                            — Type II (carbon monoxide emission at idling speed),
                            — Type III (emissions of crankcase gases),
                            — Type IV (evaporation emissions),
                            — Type V (durability of anti-pollution devices).'
             2 . Item 5.2.2 is deleted .
             3 . Item 5.2.3 is renumbered 5.2.2 and reads :
                  '5.2.2 . Compression-ignition engined vehicles must be subject to the following tests :
                            — Type I : (simulating the average tailpipe emissions after a cold start),
                            — Type V (durability of anti-pollution devices).'
             4 . Item 5.2.4 is deleted .
             5 . Figure 1.5.2 is replaced by the following new figure :
                  Figure 1.5.2
                  Different routes for type-approval and extensions
                                                             Positive-ignition engined       Compression-ignition engined
                           Type- approval test                 vehicles of categories            vehicles of categories
                                                                     M and N                           M ! and N !
                 Type I                                                 yes                                yes
                                                              (mass < 3,5 tonnes)               (mass < 3,5 tonnes)
                 Type II                                                yes                                —
                                                              (mass > 3,5 tonnes)
                 Type III                                               yes                                —
                 Type IV                                                yes                                —
                 Type V                                                 yes                                yes
                                                              (mass < 3,5 tonnes)               (mass < 3,5 tonnes)
                 Extension conditions                                Section 6          — Section 6
                                                                                        — M2 and N2
                                                                                        with reference mass not more than
                                                                                        2 840 kg
            6 . Item 5.3.1.2.1 reads :
                 '5.3.1.2.1 . A test lasting a total of . . .' (rest unchanged).
            7 . Item 5.3.1.2.4 is deleted .
            8 . Item 5.3.1.2.5 is renumbered 5.3.1.2.4 .
 ---pagebreak--- No C 100 / 10                                    Official Journal of the European Communities                                           22 . 4 . 92
              9 . Item 5.3.1.4 :
                  — The second sentence reads as follows :
                       'The results are multiplied by . . .' (rest unchanged).
                  — The table is replaced by the following :
                                      Reference mass                                         Limit values
                      Category of
                        vehicle
                                                                Mass of                  Combined mass of      Mass of particulates (')
                                                            carbon monoxide          hydrocarbon and oxides of
                                                                                              nitrogen
                                              RW                   L.                            L2                     l3
                                              (kg)               (g/ km)                      (g/ km)                 (g/km)
                   MO                           all               2,72                          0,97                   0,14
                   N , (')            RW < 1 250                  2,72                          0,97                   0,14
                                      1 250 < RW                  5,17                           1,4                   0,19
                                            < 1 700
                                      1 700 < RW                   6,9                           1,7                   0,25
                   ( ) For compression ignition engines.
                   (2) Except : — vehicles designed to carry more than six occupants including the driver,
                                 — vehicles whose maximum mass exceeds 2 500 kilograms ,
                                 — off road vehicles as defined in Annex I to Directive 70 / 156 /EEC as last amended by Directive
                                     87 / 403 /EEC (OJ No L 220 , 8 . 8 . 1987, p. 44).
                  (') And those vehicles of categroy M which are specified in note (2).
             10 . Item 5.3.2.1 reads as follows :
                  '5.3.2.1 . This test is carried out on vehicles powered by a positive-ignition engine to which the test
                              specified in 5.3.1 does not apply.'
             11 . Item 5.3.2.2 reads as follows :
                  ' 5.3.2.2. When tested in accordance with Annex IV, the carbon monoxide content by volume of the
                              exhaust gases emitted with the engine idling must not exceed 3,5 % at the setting specified by
                              the manufacturer and must not exceed 4,5 % within the range of adjustments specified in that
                              Annex '.
             12 . Item 5.3.4.1 reads as follows :
                  ' 5.3.4.1 . This test must be carried out on all vehicles referred to in section 1 except those vehicles
                              having a compression-ignition engine.'
             13 . Item 5.3.5.1 , the first sentence reads as follows :
                  ' 5.3.5.1 . This test must be carried out on all vehicles referred to in Section 1 to which the test specified
                              in 5.3.1 applies' (rest unchanged).
             14 . Item 6.1.1 reads as follows :
                  '6.1.1 .     Vehicle types ofdifferent reference masses '.
                  '6.1.1.1 . Approval granted to a vehicle type may be extended only to vehicle types of a reference mass
                              requiring the use of the next higher equivalent inertia or any lower equivalent inertia'.
                  '6.1.1.2 . In the case of vehicles of category Nj and vehicles of category M referred to in note (2) of
                              section 5.3.1.4 , if the reference mass of the vehicle type for which extension of the approval is
                              requested requires the use of a flywheel of equivalent inertia lower than that used for the
                              vehicle type already approved, extension of the approval is granted if the masses of the
                              pollutants obtained from the vehicle already approved are within the limits prescribed for the
                              vehicle for which extension of the approval is requested'.
 ---pagebreak--- 22 . 4 . 92                                   Official Journal of the European Communities                                       No C 100 / 11
            15 . Item 7.1.1 . The table is replaced by the following :
                    Category of      Reference mass                                 Limit values
                       vehicle
                                                              Mass of           Combined mass of        Mass of particulates (')
                                                         carbon monoxide           hydrocarbon
                                                                              and oxides of nitrogen
                                           RW                   L,                      L2                        L3
                                           (kg)               (g/km)                 (g/km)                    (g/km)
                 MO                          all               3,16                    1,13                     0,18
                 N, O                RW < 1 250                3,16                    1,13                     0,18
                                     1 250 < RW                6,00                     1,6                     0,22
                                         < 1 700
                                     1 700 < RW                 8,0                    2,0                      0,29
                 ( ) For compression ignition engines.
                 (J) See note (2) of Section 5.3.1.4 .
                 (5) See note (') of Section 5.3.1.4 .
            16 . Item 8 :
                 — Section 8.1 is deleted.
                 — The following sections are renumbered accordingly.
                 — Section 8.1 (renumbered), the second indent reads as follows :
                 — 'the provisions laid down for category Mj (J) vehicles fitted with positive-ignition engines of a
                     capacity of more than 2 litres, in Annex I to Directive 70/220 /EEC as amended by Directive
                      88 /76 / EEC'.
                 — Section 8.2 (renumbered) reads as follows :
                      ' 8.2 . For vehicles of category Mj (2) up to 1 July 1994 for type-approval and up to 31 December
                              1994 for the initial entry into service, and
                              for vehicles of category Nj (5) up to 1 October 1994 for type-approval and up to 1 October
                              1995 for the initial entry into service,
                              the limit values for the combined mass of hydrocarbons and nitrogen oxides and for the mass
                              of particulates of vehicles fitted with compression ignition engines of the direct-injection type
                              are those obtained by multiplying the values L2 and L3 in the tables in 5.3.1.4 (type- approval)
                              and 7.1.1.1 (conformity check) by a factor of 1,4 .
                              (J) See note (J) of Section 5.3.1.4.
                              (') See note (3) of Section 5.3.1.4.'
            ANNEX III
            17 . Item 2.3.1 :
                 — Second alinea, the first line reads as follows :
                     'For vehicles of category M (2) with a maximum engine power of no more than 30 kW and a
                     maximum speed not exceeding . . . ' (rest unchanged).
 ---pagebreak--- No C 100 / 12                                Official Journal of the European Communities                                   22 . 4 . 92
                  — The following third alinea is added :
                        'For vehicles of category Nj (3) with a power-to-weight ratio of no more than 40 kW/tonnes (*)
                        and a maximum speed not exceeding 130 km/h, the maximum speed of the extra-urban cycle (Part
                        Two) is limited to 90 km/h .
                        (2) See note (2) of Section 5.3.1.4 of Annex I.
                        (3) See note (3) of Section 5.3.1.4 of Annex I.
                        C) Technically permissible laden mass as stated by the manufacturer.'
             18 . Item 7.1 reads as follows :
                   '7.1 . Sampling
                          Sampling begins at the beginning of the first elementary urban cycle as defined in 6.2.2 and ends
                          on conclusion of the final idling period in the extra-urban cycle (Part Two).'
            ANNEX IV
            19 . Item 2.2 reads as follows :
                  '2.2 . During the test, the environmental temperature must be between 293 and 303 K (20 and 30° C).
                          The engine shall be warmed up until all temperatures of cooling and lubrication means and the
                          pressure of lubrication means have reached equilibrium.'
            20 . Item 2.5.2.1 reads as follows :
                  '2.5.2.1 . A measurement at the setting in accordance with the conditions fixed by the manufacturer is
                             performed first.'
            ANNEX V
            21 . Item 2.1 reads as follows :
                  '2.1 . The type III test is carried out on the vehicle with a positive-ignition engine which has been
                          subjected to the type I or type II test as applicable .'
            ANNEX IX
            22 . PARTII
                  Item 1.5 is deleted .
                  The following items are renumbered accordingly.