CELEX: 51992PC0290
Language: en
Date: 1992-07-16
Title: Amendment to the proposal for a COUNCIL DIRECTIVE Amending Directive 77/143/EEC on the approximation of the laws of the Member States relating to Roadworthiness Tests for Motor Vehicles and their Trailers (Emissions)

COR/MISSION OF THE EUROPEAN CCMKUNITIES
                                                C0M(92) 290 final
                                               Brussels.16  July 1992
                     Amendment to the proposal for a
                             COUNCIL DIRECTIVE
   Amending Directive 77/143/EEC on the approximation of the laws of the
   Member States relating to Roadworthiness Tests for Motor Vehicles and
   their Trailers (Emissions)
         (presented by the Commission pursuant to Article 149(3)
                            of the EEC-Treaty)
 ---pagebreak---                                  - 2 -
                        Explanatorv Mamorandum
Baçkqround
Directive 77/143/EEC,(1> as amended by Directive 88/449/EEC,<2) and
Directive 91/328/EEC*3* concerns the technical inspection of heavy
goods vehicles, buses, trailers, semi-trailers, taxis, ambulances,
light goods vehicles and passenger cars.
In line with the above, the Commission's proposal C0M(91) 244<4*
amends Annex II to Directive 77/143/EEC as amended so as to define the
limit values for the acceptable levels of gaseous emissions (by testing
carbon monoxide) for spark ignition (petrol) and smoke opacity for
compression ignition (diesel) engined motor vehicles.
Both the European ParIiament's(5> and the ESC's(6> reports on the
proposal have been considered and have resulted in the Commission
accepting the following amendments to its original proposal:
Amendment 1 is a citation relating to DG Vll's Green Paper "A Community
Strategy for Sustainable Mobility" - C0M(92) 46;
Amendment 2 updates the proposal to include the Directive 91/338 EEC on
passenger car testing;
Amendment 3 requires procedures for withdrawing vehicles from service
if they fail the test until such time that they are rectified;
Amendment 4 is the first Article amendment and requires all vehicles to
be tested for emissions annually;
Amendment 5 updates the proposal to include reference to the latest
relevant type approval Directive 91/441/EEC.
(1) O.J. L47, 18.02.1977, p. 47
(2) O.J. L222, 12.08.1988, p. 10
(3) O.J. L178, 6.07.1991, p. 29
(4) O.J. C189, 20.07.1991, p. 20.
(5) O.J. C ...
(6) O.J. C49, 24.02.1992, p. 64
 ---pagebreak--- Amendment to the proposal for a Council Directive amending Directive
77/143/EEC on the approximation of the laws of the Member States
relating to Roadworthiness Tests for Motor Vehicles and their Trailers
(Emissions).
The proposal from the Commission forming the subject of document
C0M(91) 244 final<1> is hereby amended as follows:
Initial Text prooosed by the            Amended Text
Commission
                            (Amendment No. 1)
                        Fourth citation a (new)
                                        Havino regard to the Euroocan
                                        ParIi ament's resoIut i on on
                                        transport and the environment.
                                        adopted on 11 September 1991 (1)
                                        and to the Green Paoer drawn U P
                                        by the Commission of the
                                        Eurooean Communities on the
                                         imoact of transport on the
                                        env i ronment: a Commun i t y
                                        strategy for sustainable
                                        mobillty (C0M(92) 46).
                                        (1) OJ No. C267. 14.10.1991.
                                             P- 1Q3
                            (Amendment No. 2)
                          First recital a (new)
                                         Whereas Council Directive
                                         91/328/EEC (1) stipulates that
                                         private cars shall also be
                                         subiect to roadworthiness
                                         testing:
                                          (1) OJ No. L 178. 6.7.1991.
                                              p. 29
 (1) O.J. C189, 20.07.1991, p. 16
 ---pagebreak---          _-4 -
   (Amendment No. 3)
Twelfth recital a (new)
               Whereas it is desirable that the
               Member States should impose
               penalties in the event of
               failure to comply with the
               requirement to have a vehicle
               tested and whereas, in
               particular in the event of
               failure to comply with the limit
               values for emissions, it should
               be possible to withdraw the
               vehicles from circulation until
               such time as it meets the
               requirement;
   (Amendment No. 4)
    ARTICLE -1 (new)
               The follpwinfl is added tp Annex
                I of Ptrective 77/143/EEC. as
                last amended by Directive
               91/328/EEC:
               "Freouency of testing
               Exhaust emission tests shall be
               carried out annually on all the
               types pf vehicles listed."
 ---pagebreak---                                   - 5 -
                            (Amendment No. 5)
                              Article 1 (1)
              Annex II, paragraph 8.2.1. (b), introduction
                         (Directive 77/143/EEC)
(b) Where the exhaust emissions are     (b)  Where the exhaust emissions
governed by an advanced emission        are governed by an advanced
control system such as a closed loop    emission control system such as
three-way catalytic converter which     a closed loop three-way
is lambda probe controlled or where     catalytic converter which is
the vehicles' exhaust emissions are     lambda probe controlled or where
governed by some otber method in        the vehicles' exhaust emissions
order to comply with the type           are governed by some other
approval provisions of Directive        method in order to comply with
70/220/EEC as amended by the            the type approval provisions of
consolidated emissions Directive.       Directive 70/220/EEC as amended
                                        by Directive 91/441/EEC.
                           Remainder Unchanoed
Done at Brussels                        For the CounctI
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   - "6-
                        COM(92) 290 final
                  DOCUMENTS
EN                                  07 06
    Cataloguc number: CB-CO-92-301-EN-C
                       BBN 92-77-45952-2