Article 1 
Directive 88/77/EEC is hereby amended as follows: 1. The title shall be replaced by the following: "Council Directive 88/77/EEC of 3 December 1987on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles". 2. Article 1 shall be replaced by the following: "Article 1 For the purposes of this Directive: - 'vehicle' means any vehicle as defined in Annex II section A to Directive 70/156/EEC propelled by a compression ignition or gas engine, with the exception of vehicles of category M1 with a technically permissible maximum laden mass less than or equal to 3,5 t, - 'compression ignition or gas engine' means the motive propulsion source of a vehicle for which type approval, as a separate technical unit as defined in Article 2 of Directive 70/156/EEC, can be granted. - 'EEV' means enhanced environmentally friendly vehicle which is a vehicle propelled by an engine which complies with the permissive emission limit values given in row C of the Tables given in section 6.2.1 of Annex I." 3. Annexes I to VIII shall be replaced by Annexes I to VII appearing in the Annex to this Directive. Article 2 1. With effect from 1 July 2000, no Member State may, on grounds relating to the gaseous and particulate pollutants and opacity of smoke emissions from an engine: - refuse to grant EC type-approval, or to issue the document provided for in the last indent of Article 10(1) of Directive 70/156/EEC, or to grant national type-approval for a type of vehicle propelled by a compression ignition or gas engine, or - prohibit the registration, sale, entry into service or use of such new vehicles, or - refuse to grant EC type-approval for a type of compression ignition or gas engine, or - prohibit the sale or use of new compression ignition or gas engines, if the appropriate requirements of the Annexes to Directive 88/77/EEC, as amended by this Directive, are satisfied in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine comply with the limit values set out in either row A or row B1 or B2 or the limit values set out in row C of the Tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive. 2. With effect from 1 October 2000, Member States: - may no longer grant EC type-approval or issue the document provided for in the last indent of Article 10(1) of Directive 70/156/EEC, and - shall refuse national type-approval, for types of compression ignition or gas engines and types of vehicle propelled by compression ignition or gas engine where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row A of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive. 3. With effect from 1 October 2001 and except for vehicles and engines intended for export to third countries and except for replacement engines for in-service vehicles, Member States shall: - consider certificates of conformity which accompany new vehicles or new engines pursuant to Directive 70/156/EEC as no longer valid for the purpose of Article 7(1) of that Directive, and - prohibit the registration, sale, entry into service or use of new vehicles propelled by a compression ignition or gas engine and the sale and use of new compression ignition or gas engines, where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row A of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive. 4. With effect from 1 October 2005, Member States: for types of compression ignition or gas engines and types of vehicle propelled by a compression ignition or gas engine where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row B1 of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive. 5. With effect from 1 October 2006 and except for vehicles and engines intended for export to third countries and except for replacement engines for in-service vehicles, Member States shall: where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row B1 of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive. 6. With effect from 1 October 2008, Member States: for types of compression ignition or gas engines and types of vehicle propelled by a compression ignition or gas engine where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row B2 of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive. 7. With effect from 1 October 2009 and except for vehicles and engines intended for export to third countries and except for replacement engines for in-service vehicles, Member States shall: where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row B2 of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive. 8. In accordance with paragraph 1, an engine that satisfies the appropriate requirements of the Annexes to Directive 88/77/EEC, as amended by this Directive, and meets the limit values set out in row C of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive, shall be considered as complying with the requirements of paragraphs 2 to 7. Article 3 1. Member States may make provision for tax incentives only in respect of motor vehicles which comply with Directive 88/77/EEC, as amended by this Directive. Such incentives shall comply with the provisions of the Treaty as well as the conditions as set out in (a) or (b) below: (a) they shall apply to all new vehicles offered for sale on the market of a Member State which comply in advance with the limit values set out in row A of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive, and thereafter as from 1 October 2000 with the limit values set out in row B1 or B2 of the said tables. They shall be terminated with effect from the mandatory application of the emission limit values referred to in Article 2(3) for new vehicles, or by the dates of mandatory application of the emission limit values set out in row B1 or B2 of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC as amended by this Directive; (b) they shall apply to all new vehicles offered for sale on the market of a Member State which comply with the permissive limit values set out in row C of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive. 2. For each type of vehicle, the incentives shall not exceed the additional cost of the technical solutions introduced to ensure compliance with the limit values set out in either row A or row B1 or B2 or the limit values set out in row C of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive, and of their installation on the vehicle. 3. The Commission shall be informed in sufficient time of plans to institute or change the tax incentives referred to in this Article, so that it can submit its observations. Article 4 From 1 October 2005, new types of vehicles, and from 1 October 2006, all types of vehicles, shall be equipped with an on-board diagnostic system (OBD) or an on-board measurement system (OBM) to monitor in-service exhaust emissions. The Commission shall propose provisions to this effect to the European Parliament and the Council. They shall include: - unrestricted and standardised access to the OBD system for inspection, diagnosis, servicing and repairs, - the standardisation of fault codes, - the compatibility of spare parts to facilitate repair, replacement, and servicing of OBD-equipped vehicles. Article 5 From 1 October 2005, for new types, and from 1 October 2006, for all types, type-approvals granted to vehicles and engines shall also confirm the correct operation of the emission control devices during the normal life of the vehicle or engine. The Commission shall examine differences in normal life of various categories of heavy duty vehicles and consider proposing appropriate durability requirements specific to each category. Article 6 From 1 October 2005, for new types, and from 1 October 2006, for all types, type-approvals granted to vehicles shall also require confirmation of the correct operation of the emission control devices during the normal life of the vehicle under normal conditions of use (conformity of in-service vehicles properly maintained and used). This provision must be confirmed and complemented by the Commission in accordance with Article 7. Article 7 The Commission shall submit a proposal to the European Parliament and the Council confirming or complementing this Directive no later than 12 months after the date of entry into force of this Directive or 31 December 2000, whichever is the earlier. The proposal shall take account of: - the review process of the European Parliament of the Council set out in Article 3 of Directive 98/69/EC(12) of the European Parliament and of the Council and Article 9 of Directive 98/70/EC(13), - the development of compression ignition engine and gas engine emission control technology including the after treatment technology, taking into account the interdependence of such technology with fuel quality, - the need to improve the accuracy and repeatability of the current measurement and sampling procedures for very low levels of particulates from engines; - the development of a worldwide harmonised test cycle for type approval testing, and the proposal shall include: - rules laying down the introduction of an OBD system for heavy-duty vehicles from 1 October 2005 pursuant to Article 4 of this Directive and, mutatis mutandis, to Directive 98/69/EC on the reduction of exhaust emissions from passenger cars and light commercial vehicles, - provisions on the durability of emission control devices with effect from 1 October 2005 pursuant to Article 5 of this Directive, - provisions to ensure the conformity of in-service vehicles in the type-approval procedure for vehicles with effect from 1 October 2005 pursuant to Article 6 of this Directive taking into account the specificity of the tests carried out on the engines of these vehicles and the specific information obtained from the OBD systems in a cost-effectiveness approach, - appropriate limits for pollutants currently non-regulated as a consequence of the widespread introduction of new alternative fuels. By 31 December 2001 the Commission shall report on progress in negotiations for a worldwide harmonised test cycle. By 30 June 2002 the Commission shall submit a report to the European Parliament and the Council on requirements for the operation of an OBM system. On the basis of the report the Commission will submit a proposal for measures to enter into force no later than 1 January 2005 to include the technical specifications and corresponding annexes in order to provide for the type-approval of OBM systems which ensure at least equivalent levels of monitoring to OBD systems and which shall be compatible therewith. The Commission shall, not later than 31 December 2002, consider the available technology with a view to confirming the mandatory NOx standard for 2008 in a report to the European Parliament and to the Council, accompanied, if necessary, by appropriate proposals. Article 8 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 2000. They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive. Article 9 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 10 This Directive is addressed to the Member States. Done at Brussels, 13 December 1999. For the European Parliament The President N. FONTAINE For the Council S. HASSI (1) OJ C 173, 8.6.1998, p. 1 and OJ C 43, 17.2.1999, p. 25. (2) OJ C 407, 28.12.1998, p. 27. (3) Opinion of the European Parliament of 21 October 1998 (OJ C 341, 9.11.1998, p. 74), Council Common Position of 22 April 1999 (OJ C 296, 15.10.1999, p. 1) and Decision of the European Parliament of 16 November 1999 (not yet published in the Official Journal). (4) OJ C 112, 20.12.1973, p. 1. (5) OJ C 138, 17.5.1993, p. 1. (6) OJ L 36, 9.2.1988, p. 33. (7) OJ L 295, 25.10.1991, p. 1. (8) OJ L 40, 17.2.1996, p. 1. (9) OJ L 100, 19.4.1994, p. 42. (10) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 98/91/EC of the European Parliament and of the Council (OJ L 11, 16.1.1999, p. 25). (11) OJ L 190, 20.8.1972, p. 1. Directive as last amended by Directive 97/20/EC (OJ L 125, 16.5.1997, p. 21). (12) OJ L 350, 28.12.1998, p. 1. (13) OJ L 350, 28.12.1998, p. 58.
Article 2 
1. With effect from 1 July 2000, no Member State may, on grounds relating to the gaseous and particulate pollutants and opacity of smoke emissions from an engine: - refuse to grant EC type-approval, or to issue the document provided for in the last indent of Article 10(1) of Directive 70/156/EEC, or to grant national type-approval for a type of vehicle propelled by a compression ignition or gas engine, or - prohibit the registration, sale, entry into service or use of such new vehicles, or - refuse to grant EC type-approval for a type of compression ignition or gas engine, or - prohibit the sale or use of new compression ignition or gas engines, if the appropriate requirements of the Annexes to Directive 88/77/EEC, as amended by this Directive, are satisfied in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine comply with the limit values set out in either row A or row B1 or B2 or the limit values set out in row C of the Tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive. 2. With effect from 1 October 2000, Member States: - may no longer grant EC type-approval or issue the document provided for in the last indent of Article 10(1) of Directive 70/156/EEC, and - shall refuse national type-approval, for types of compression ignition or gas engines and types of vehicle propelled by compression ignition or gas engine where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row A of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive. 3. With effect from 1 October 2001 and except for vehicles and engines intended for export to third countries and except for replacement engines for in-service vehicles, Member States shall: - consider certificates of conformity which accompany new vehicles or new engines pursuant to Directive 70/156/EEC as no longer valid for the purpose of Article 7(1) of that Directive, and - prohibit the registration, sale, entry into service or use of new vehicles propelled by a compression ignition or gas engine and the sale and use of new compression ignition or gas engines, where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row A of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive. 4. With effect from 1 October 2005, Member States: for types of compression ignition or gas engines and types of vehicle propelled by a compression ignition or gas engine where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row B1 of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive. 5. With effect from 1 October 2006 and except for vehicles and engines intended for export to third countries and except for replacement engines for in-service vehicles, Member States shall: where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row B1 of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive. 6. With effect from 1 October 2008, Member States: for types of compression ignition or gas engines and types of vehicle propelled by a compression ignition or gas engine where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row B2 of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive. 7. With effect from 1 October 2009 and except for vehicles and engines intended for export to third countries and except for replacement engines for in-service vehicles, Member States shall: where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row B2 of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive. 8. In accordance with paragraph 1, an engine that satisfies the appropriate requirements of the Annexes to Directive 88/77/EEC, as amended by this Directive, and meets the limit values set out in row C of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive, shall be considered as complying with the requirements of paragraphs 2 to 7. Article 3 1. Member States may make provision for tax incentives only in respect of motor vehicles which comply with Directive 88/77/EEC, as amended by this Directive. Such incentives shall comply with the provisions of the Treaty as well as the conditions as set out in (a) or (b) below: (a) they shall apply to all new vehicles offered for sale on the market of a Member State which comply in advance with the limit values set out in row A of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive, and thereafter as from 1 October 2000 with the limit values set out in row B1 or B2 of the said tables. They shall be terminated with effect from the mandatory application of the emission limit values referred to in Article 2(3) for new vehicles, or by the dates of mandatory application of the emission limit values set out in row B1 or B2 of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC as amended by this Directive; (b) they shall apply to all new vehicles offered for sale on the market of a Member State which comply with the permissive limit values set out in row C of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive. 2. For each type of vehicle, the incentives shall not exceed the additional cost of the technical solutions introduced to ensure compliance with the limit values set out in either row A or row B1 or B2 or the limit values set out in row C of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive, and of their installation on the vehicle. 3. The Commission shall be informed in sufficient time of plans to institute or change the tax incentives referred to in this Article, so that it can submit its observations. Article 4 From 1 October 2005, new types of vehicles, and from 1 October 2006, all types of vehicles, shall be equipped with an on-board diagnostic system (OBD) or an on-board measurement system (OBM) to monitor in-service exhaust emissions. The Commission shall propose provisions to this effect to the European Parliament and the Council. They shall include: - unrestricted and standardised access to the OBD system for inspection, diagnosis, servicing and repairs, - the standardisation of fault codes, - the compatibility of spare parts to facilitate repair, replacement, and servicing of OBD-equipped vehicles. Article 5 From 1 October 2005, for new types, and from 1 October 2006, for all types, type-approvals granted to vehicles and engines shall also confirm the correct operation of the emission control devices during the normal life of the vehicle or engine. The Commission shall examine differences in normal life of various categories of heavy duty vehicles and consider proposing appropriate durability requirements specific to each category. Article 6 From 1 October 2005, for new types, and from 1 October 2006, for all types, type-approvals granted to vehicles shall also require confirmation of the correct operation of the emission control devices during the normal life of the vehicle under normal conditions of use (conformity of in-service vehicles properly maintained and used). This provision must be confirmed and complemented by the Commission in accordance with Article 7. Article 7 The Commission shall submit a proposal to the European Parliament and the Council confirming or complementing this Directive no later than 12 months after the date of entry into force of this Directive or 31 December 2000, whichever is the earlier. The proposal shall take account of: - the review process of the European Parliament of the Council set out in Article 3 of Directive 98/69/EC(12) of the European Parliament and of the Council and Article 9 of Directive 98/70/EC(13), - the development of compression ignition engine and gas engine emission control technology including the after treatment technology, taking into account the interdependence of such technology with fuel quality, - the need to improve the accuracy and repeatability of the current measurement and sampling procedures for very low levels of particulates from engines; - the development of a worldwide harmonised test cycle for type approval testing, and the proposal shall include: - rules laying down the introduction of an OBD system for heavy-duty vehicles from 1 October 2005 pursuant to Article 4 of this Directive and, mutatis mutandis, to Directive 98/69/EC on the reduction of exhaust emissions from passenger cars and light commercial vehicles, - provisions on the durability of emission control devices with effect from 1 October 2005 pursuant to Article 5 of this Directive, - provisions to ensure the conformity of in-service vehicles in the type-approval procedure for vehicles with effect from 1 October 2005 pursuant to Article 6 of this Directive taking into account the specificity of the tests carried out on the engines of these vehicles and the specific information obtained from the OBD systems in a cost-effectiveness approach, - appropriate limits for pollutants currently non-regulated as a consequence of the widespread introduction of new alternative fuels. By 31 December 2001 the Commission shall report on progress in negotiations for a worldwide harmonised test cycle. By 30 June 2002 the Commission shall submit a report to the European Parliament and the Council on requirements for the operation of an OBM system. On the basis of the report the Commission will submit a proposal for measures to enter into force no later than 1 January 2005 to include the technical specifications and corresponding annexes in order to provide for the type-approval of OBM systems which ensure at least equivalent levels of monitoring to OBD systems and which shall be compatible therewith. The Commission shall, not later than 31 December 2002, consider the available technology with a view to confirming the mandatory NOx standard for 2008 in a report to the European Parliament and to the Council, accompanied, if necessary, by appropriate proposals. Article 8 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 2000. They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive. Article 9 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 10 This Directive is addressed to the Member States. Done at Brussels, 13 December 1999. For the European Parliament The President N. FONTAINE For the Council S. HASSI (1) OJ C 173, 8.6.1998, p. 1 and OJ C 43, 17.2.1999, p. 25. (2) OJ C 407, 28.12.1998, p. 27. (3) Opinion of the European Parliament of 21 October 1998 (OJ C 341, 9.11.1998, p. 74), Council Common Position of 22 April 1999 (OJ C 296, 15.10.1999, p. 1) and Decision of the European Parliament of 16 November 1999 (not yet published in the Official Journal). (4) OJ C 112, 20.12.1973, p. 1. (5) OJ C 138, 17.5.1993, p. 1. (6) OJ L 36, 9.2.1988, p. 33. (7) OJ L 295, 25.10.1991, p. 1. (8) OJ L 40, 17.2.1996, p. 1. (9) OJ L 100, 19.4.1994, p. 42. (10) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 98/91/EC of the European Parliament and of the Council (OJ L 11, 16.1.1999, p. 25). (11) OJ L 190, 20.8.1972, p. 1. Directive as last amended by Directive 97/20/EC (OJ L 125, 16.5.1997, p. 21). (12) OJ L 350, 28.12.1998, p. 1. (13) OJ L 350, 28.12.1998, p. 58.
Article 3 
1. Member States may make provision for tax incentives only in respect of motor vehicles which comply with Directive 88/77/EEC, as amended by this Directive. Such incentives shall comply with the provisions of the Treaty as well as the conditions as set out in (a) or (b) below: (a) they shall apply to all new vehicles offered for sale on the market of a Member State which comply in advance with the limit values set out in row A of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive, and thereafter as from 1 October 2000 with the limit values set out in row B1 or B2 of the said tables. They shall be terminated with effect from the mandatory application of the emission limit values referred to in Article 2(3) for new vehicles, or by the dates of mandatory application of the emission limit values set out in row B1 or B2 of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC as amended by this Directive; (b) they shall apply to all new vehicles offered for sale on the market of a Member State which comply with the permissive limit values set out in row C of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive. 2. For each type of vehicle, the incentives shall not exceed the additional cost of the technical solutions introduced to ensure compliance with the limit values set out in either row A or row B1 or B2 or the limit values set out in row C of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by this Directive, and of their installation on the vehicle. 3. The Commission shall be informed in sufficient time of plans to institute or change the tax incentives referred to in this Article, so that it can submit its observations. Article 4 From 1 October 2005, new types of vehicles, and from 1 October 2006, all types of vehicles, shall be equipped with an on-board diagnostic system (OBD) or an on-board measurement system (OBM) to monitor in-service exhaust emissions. The Commission shall propose provisions to this effect to the European Parliament and the Council. They shall include: - unrestricted and standardised access to the OBD system for inspection, diagnosis, servicing and repairs, - the standardisation of fault codes, - the compatibility of spare parts to facilitate repair, replacement, and servicing of OBD-equipped vehicles. Article 5 From 1 October 2005, for new types, and from 1 October 2006, for all types, type-approvals granted to vehicles and engines shall also confirm the correct operation of the emission control devices during the normal life of the vehicle or engine. The Commission shall examine differences in normal life of various categories of heavy duty vehicles and consider proposing appropriate durability requirements specific to each category. Article 6 From 1 October 2005, for new types, and from 1 October 2006, for all types, type-approvals granted to vehicles shall also require confirmation of the correct operation of the emission control devices during the normal life of the vehicle under normal conditions of use (conformity of in-service vehicles properly maintained and used). This provision must be confirmed and complemented by the Commission in accordance with Article 7. Article 7 The Commission shall submit a proposal to the European Parliament and the Council confirming or complementing this Directive no later than 12 months after the date of entry into force of this Directive or 31 December 2000, whichever is the earlier. The proposal shall take account of: - the review process of the European Parliament of the Council set out in Article 3 of Directive 98/69/EC(12) of the European Parliament and of the Council and Article 9 of Directive 98/70/EC(13), - the development of compression ignition engine and gas engine emission control technology including the after treatment technology, taking into account the interdependence of such technology with fuel quality, - the need to improve the accuracy and repeatability of the current measurement and sampling procedures for very low levels of particulates from engines; - the development of a worldwide harmonised test cycle for type approval testing, and the proposal shall include: - rules laying down the introduction of an OBD system for heavy-duty vehicles from 1 October 2005 pursuant to Article 4 of this Directive and, mutatis mutandis, to Directive 98/69/EC on the reduction of exhaust emissions from passenger cars and light commercial vehicles, - provisions on the durability of emission control devices with effect from 1 October 2005 pursuant to Article 5 of this Directive, - provisions to ensure the conformity of in-service vehicles in the type-approval procedure for vehicles with effect from 1 October 2005 pursuant to Article 6 of this Directive taking into account the specificity of the tests carried out on the engines of these vehicles and the specific information obtained from the OBD systems in a cost-effectiveness approach, - appropriate limits for pollutants currently non-regulated as a consequence of the widespread introduction of new alternative fuels. By 31 December 2001 the Commission shall report on progress in negotiations for a worldwide harmonised test cycle. By 30 June 2002 the Commission shall submit a report to the European Parliament and the Council on requirements for the operation of an OBM system. On the basis of the report the Commission will submit a proposal for measures to enter into force no later than 1 January 2005 to include the technical specifications and corresponding annexes in order to provide for the type-approval of OBM systems which ensure at least equivalent levels of monitoring to OBD systems and which shall be compatible therewith. The Commission shall, not later than 31 December 2002, consider the available technology with a view to confirming the mandatory NOx standard for 2008 in a report to the European Parliament and to the Council, accompanied, if necessary, by appropriate proposals. Article 8 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 2000. They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive. Article 9 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 10 This Directive is addressed to the Member States. Done at Brussels, 13 December 1999. For the European Parliament The President N. FONTAINE For the Council S. HASSI (1) OJ C 173, 8.6.1998, p. 1 and OJ C 43, 17.2.1999, p. 25. (2) OJ C 407, 28.12.1998, p. 27. (3) Opinion of the European Parliament of 21 October 1998 (OJ C 341, 9.11.1998, p. 74), Council Common Position of 22 April 1999 (OJ C 296, 15.10.1999, p. 1) and Decision of the European Parliament of 16 November 1999 (not yet published in the Official Journal). (4) OJ C 112, 20.12.1973, p. 1. (5) OJ C 138, 17.5.1993, p. 1. (6) OJ L 36, 9.2.1988, p. 33. (7) OJ L 295, 25.10.1991, p. 1. (8) OJ L 40, 17.2.1996, p. 1. (9) OJ L 100, 19.4.1994, p. 42. (10) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 98/91/EC of the European Parliament and of the Council (OJ L 11, 16.1.1999, p. 25). (11) OJ L 190, 20.8.1972, p. 1. Directive as last amended by Directive 97/20/EC (OJ L 125, 16.5.1997, p. 21). (12) OJ L 350, 28.12.1998, p. 1. (13) OJ L 350, 28.12.1998, p. 58.
Article 4 
From 1 October 2005, new types of vehicles, and from 1 October 2006, all types of vehicles, shall be equipped with an on-board diagnostic system (OBD) or an on-board measurement system (OBM) to monitor in-service exhaust emissions. The Commission shall propose provisions to this effect to the European Parliament and the Council. They shall include: - unrestricted and standardised access to the OBD system for inspection, diagnosis, servicing and repairs, - the standardisation of fault codes, - the compatibility of spare parts to facilitate repair, replacement, and servicing of OBD-equipped vehicles. Article 5 From 1 October 2005, for new types, and from 1 October 2006, for all types, type-approvals granted to vehicles and engines shall also confirm the correct operation of the emission control devices during the normal life of the vehicle or engine. The Commission shall examine differences in normal life of various categories of heavy duty vehicles and consider proposing appropriate durability requirements specific to each category. Article 6 From 1 October 2005, for new types, and from 1 October 2006, for all types, type-approvals granted to vehicles shall also require confirmation of the correct operation of the emission control devices during the normal life of the vehicle under normal conditions of use (conformity of in-service vehicles properly maintained and used). This provision must be confirmed and complemented by the Commission in accordance with Article 7. Article 7 The Commission shall submit a proposal to the European Parliament and the Council confirming or complementing this Directive no later than 12 months after the date of entry into force of this Directive or 31 December 2000, whichever is the earlier. The proposal shall take account of: - the review process of the European Parliament of the Council set out in Article 3 of Directive 98/69/EC(12) of the European Parliament and of the Council and Article 9 of Directive 98/70/EC(13), - the development of compression ignition engine and gas engine emission control technology including the after treatment technology, taking into account the interdependence of such technology with fuel quality, - the need to improve the accuracy and repeatability of the current measurement and sampling procedures for very low levels of particulates from engines; - the development of a worldwide harmonised test cycle for type approval testing, and the proposal shall include: - rules laying down the introduction of an OBD system for heavy-duty vehicles from 1 October 2005 pursuant to Article 4 of this Directive and, mutatis mutandis, to Directive 98/69/EC on the reduction of exhaust emissions from passenger cars and light commercial vehicles, - provisions on the durability of emission control devices with effect from 1 October 2005 pursuant to Article 5 of this Directive, - provisions to ensure the conformity of in-service vehicles in the type-approval procedure for vehicles with effect from 1 October 2005 pursuant to Article 6 of this Directive taking into account the specificity of the tests carried out on the engines of these vehicles and the specific information obtained from the OBD systems in a cost-effectiveness approach, - appropriate limits for pollutants currently non-regulated as a consequence of the widespread introduction of new alternative fuels. By 31 December 2001 the Commission shall report on progress in negotiations for a worldwide harmonised test cycle. By 30 June 2002 the Commission shall submit a report to the European Parliament and the Council on requirements for the operation of an OBM system. On the basis of the report the Commission will submit a proposal for measures to enter into force no later than 1 January 2005 to include the technical specifications and corresponding annexes in order to provide for the type-approval of OBM systems which ensure at least equivalent levels of monitoring to OBD systems and which shall be compatible therewith. The Commission shall, not later than 31 December 2002, consider the available technology with a view to confirming the mandatory NOx standard for 2008 in a report to the European Parliament and to the Council, accompanied, if necessary, by appropriate proposals. Article 8 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 2000. They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive. Article 9 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 10 This Directive is addressed to the Member States. Done at Brussels, 13 December 1999. For the European Parliament The President N. FONTAINE For the Council S. HASSI (1) OJ C 173, 8.6.1998, p. 1 and OJ C 43, 17.2.1999, p. 25. (2) OJ C 407, 28.12.1998, p. 27. (3) Opinion of the European Parliament of 21 October 1998 (OJ C 341, 9.11.1998, p. 74), Council Common Position of 22 April 1999 (OJ C 296, 15.10.1999, p. 1) and Decision of the European Parliament of 16 November 1999 (not yet published in the Official Journal). (4) OJ C 112, 20.12.1973, p. 1. (5) OJ C 138, 17.5.1993, p. 1. (6) OJ L 36, 9.2.1988, p. 33. (7) OJ L 295, 25.10.1991, p. 1. (8) OJ L 40, 17.2.1996, p. 1. (9) OJ L 100, 19.4.1994, p. 42. (10) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 98/91/EC of the European Parliament and of the Council (OJ L 11, 16.1.1999, p. 25). (11) OJ L 190, 20.8.1972, p. 1. Directive as last amended by Directive 97/20/EC (OJ L 125, 16.5.1997, p. 21). (12) OJ L 350, 28.12.1998, p. 1. (13) OJ L 350, 28.12.1998, p. 58.
Article 5 
From 1 October 2005, for new types, and from 1 October 2006, for all types, type-approvals granted to vehicles and engines shall also confirm the correct operation of the emission control devices during the normal life of the vehicle or engine. The Commission shall examine differences in normal life of various categories of heavy duty vehicles and consider proposing appropriate durability requirements specific to each category. Article 6 From 1 October 2005, for new types, and from 1 October 2006, for all types, type-approvals granted to vehicles shall also require confirmation of the correct operation of the emission control devices during the normal life of the vehicle under normal conditions of use (conformity of in-service vehicles properly maintained and used). This provision must be confirmed and complemented by the Commission in accordance with Article 7. Article 7 The Commission shall submit a proposal to the European Parliament and the Council confirming or complementing this Directive no later than 12 months after the date of entry into force of this Directive or 31 December 2000, whichever is the earlier. The proposal shall take account of: - the review process of the European Parliament of the Council set out in Article 3 of Directive 98/69/EC(12) of the European Parliament and of the Council and Article 9 of Directive 98/70/EC(13), - the development of compression ignition engine and gas engine emission control technology including the after treatment technology, taking into account the interdependence of such technology with fuel quality, - the need to improve the accuracy and repeatability of the current measurement and sampling procedures for very low levels of particulates from engines; - the development of a worldwide harmonised test cycle for type approval testing, and the proposal shall include: - rules laying down the introduction of an OBD system for heavy-duty vehicles from 1 October 2005 pursuant to Article 4 of this Directive and, mutatis mutandis, to Directive 98/69/EC on the reduction of exhaust emissions from passenger cars and light commercial vehicles, - provisions on the durability of emission control devices with effect from 1 October 2005 pursuant to Article 5 of this Directive, - provisions to ensure the conformity of in-service vehicles in the type-approval procedure for vehicles with effect from 1 October 2005 pursuant to Article 6 of this Directive taking into account the specificity of the tests carried out on the engines of these vehicles and the specific information obtained from the OBD systems in a cost-effectiveness approach, - appropriate limits for pollutants currently non-regulated as a consequence of the widespread introduction of new alternative fuels. By 31 December 2001 the Commission shall report on progress in negotiations for a worldwide harmonised test cycle. By 30 June 2002 the Commission shall submit a report to the European Parliament and the Council on requirements for the operation of an OBM system. On the basis of the report the Commission will submit a proposal for measures to enter into force no later than 1 January 2005 to include the technical specifications and corresponding annexes in order to provide for the type-approval of OBM systems which ensure at least equivalent levels of monitoring to OBD systems and which shall be compatible therewith. The Commission shall, not later than 31 December 2002, consider the available technology with a view to confirming the mandatory NOx standard for 2008 in a report to the European Parliament and to the Council, accompanied, if necessary, by appropriate proposals. Article 8 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 2000. They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive. Article 9 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 10 This Directive is addressed to the Member States. Done at Brussels, 13 December 1999. For the European Parliament The President N. FONTAINE For the Council S. HASSI (1) OJ C 173, 8.6.1998, p. 1 and OJ C 43, 17.2.1999, p. 25. (2) OJ C 407, 28.12.1998, p. 27. (3) Opinion of the European Parliament of 21 October 1998 (OJ C 341, 9.11.1998, p. 74), Council Common Position of 22 April 1999 (OJ C 296, 15.10.1999, p. 1) and Decision of the European Parliament of 16 November 1999 (not yet published in the Official Journal). (4) OJ C 112, 20.12.1973, p. 1. (5) OJ C 138, 17.5.1993, p. 1. (6) OJ L 36, 9.2.1988, p. 33. (7) OJ L 295, 25.10.1991, p. 1. (8) OJ L 40, 17.2.1996, p. 1. (9) OJ L 100, 19.4.1994, p. 42. (10) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 98/91/EC of the European Parliament and of the Council (OJ L 11, 16.1.1999, p. 25). (11) OJ L 190, 20.8.1972, p. 1. Directive as last amended by Directive 97/20/EC (OJ L 125, 16.5.1997, p. 21). (12) OJ L 350, 28.12.1998, p. 1. (13) OJ L 350, 28.12.1998, p. 58.
Article 6 
From 1 October 2005, for new types, and from 1 October 2006, for all types, type-approvals granted to vehicles shall also require confirmation of the correct operation of the emission control devices during the normal life of the vehicle under normal conditions of use (conformity of in-service vehicles properly maintained and used). This provision must be confirmed and complemented by the Commission in accordance with Article 7. Article 7 The Commission shall submit a proposal to the European Parliament and the Council confirming or complementing this Directive no later than 12 months after the date of entry into force of this Directive or 31 December 2000, whichever is the earlier. The proposal shall take account of: - the review process of the European Parliament of the Council set out in Article 3 of Directive 98/69/EC(12) of the European Parliament and of the Council and Article 9 of Directive 98/70/EC(13), - the development of compression ignition engine and gas engine emission control technology including the after treatment technology, taking into account the interdependence of such technology with fuel quality, - the need to improve the accuracy and repeatability of the current measurement and sampling procedures for very low levels of particulates from engines; - the development of a worldwide harmonised test cycle for type approval testing, and the proposal shall include: - rules laying down the introduction of an OBD system for heavy-duty vehicles from 1 October 2005 pursuant to Article 4 of this Directive and, mutatis mutandis, to Directive 98/69/EC on the reduction of exhaust emissions from passenger cars and light commercial vehicles, - provisions on the durability of emission control devices with effect from 1 October 2005 pursuant to Article 5 of this Directive, - provisions to ensure the conformity of in-service vehicles in the type-approval procedure for vehicles with effect from 1 October 2005 pursuant to Article 6 of this Directive taking into account the specificity of the tests carried out on the engines of these vehicles and the specific information obtained from the OBD systems in a cost-effectiveness approach, - appropriate limits for pollutants currently non-regulated as a consequence of the widespread introduction of new alternative fuels. By 31 December 2001 the Commission shall report on progress in negotiations for a worldwide harmonised test cycle. By 30 June 2002 the Commission shall submit a report to the European Parliament and the Council on requirements for the operation of an OBM system. On the basis of the report the Commission will submit a proposal for measures to enter into force no later than 1 January 2005 to include the technical specifications and corresponding annexes in order to provide for the type-approval of OBM systems which ensure at least equivalent levels of monitoring to OBD systems and which shall be compatible therewith. The Commission shall, not later than 31 December 2002, consider the available technology with a view to confirming the mandatory NOx standard for 2008 in a report to the European Parliament and to the Council, accompanied, if necessary, by appropriate proposals. Article 8 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 2000. They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive. Article 9 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 10 This Directive is addressed to the Member States. Done at Brussels, 13 December 1999. For the European Parliament The President N. FONTAINE For the Council S. HASSI (1) OJ C 173, 8.6.1998, p. 1 and OJ C 43, 17.2.1999, p. 25. (2) OJ C 407, 28.12.1998, p. 27. (3) Opinion of the European Parliament of 21 October 1998 (OJ C 341, 9.11.1998, p. 74), Council Common Position of 22 April 1999 (OJ C 296, 15.10.1999, p. 1) and Decision of the European Parliament of 16 November 1999 (not yet published in the Official Journal). (4) OJ C 112, 20.12.1973, p. 1. (5) OJ C 138, 17.5.1993, p. 1. (6) OJ L 36, 9.2.1988, p. 33. (7) OJ L 295, 25.10.1991, p. 1. (8) OJ L 40, 17.2.1996, p. 1. (9) OJ L 100, 19.4.1994, p. 42. (10) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 98/91/EC of the European Parliament and of the Council (OJ L 11, 16.1.1999, p. 25). (11) OJ L 190, 20.8.1972, p. 1. Directive as last amended by Directive 97/20/EC (OJ L 125, 16.5.1997, p. 21). (12) OJ L 350, 28.12.1998, p. 1. (13) OJ L 350, 28.12.1998, p. 58.
Article 7 
The Commission shall submit a proposal to the European Parliament and the Council confirming or complementing this Directive no later than 12 months after the date of entry into force of this Directive or 31 December 2000, whichever is the earlier. The proposal shall take account of: - the review process of the European Parliament of the Council set out in Article 3 of Directive 98/69/EC(12) of the European Parliament and of the Council and Article 9 of Directive 98/70/EC(13), - the development of compression ignition engine and gas engine emission control technology including the after treatment technology, taking into account the interdependence of such technology with fuel quality, - the need to improve the accuracy and repeatability of the current measurement and sampling procedures for very low levels of particulates from engines; - the development of a worldwide harmonised test cycle for type approval testing, and the proposal shall include: - rules laying down the introduction of an OBD system for heavy-duty vehicles from 1 October 2005 pursuant to Article 4 of this Directive and, mutatis mutandis, to Directive 98/69/EC on the reduction of exhaust emissions from passenger cars and light commercial vehicles, - provisions on the durability of emission control devices with effect from 1 October 2005 pursuant to Article 5 of this Directive, - provisions to ensure the conformity of in-service vehicles in the type-approval procedure for vehicles with effect from 1 October 2005 pursuant to Article 6 of this Directive taking into account the specificity of the tests carried out on the engines of these vehicles and the specific information obtained from the OBD systems in a cost-effectiveness approach, - appropriate limits for pollutants currently non-regulated as a consequence of the widespread introduction of new alternative fuels. By 31 December 2001 the Commission shall report on progress in negotiations for a worldwide harmonised test cycle. By 30 June 2002 the Commission shall submit a report to the European Parliament and the Council on requirements for the operation of an OBM system. On the basis of the report the Commission will submit a proposal for measures to enter into force no later than 1 January 2005 to include the technical specifications and corresponding annexes in order to provide for the type-approval of OBM systems which ensure at least equivalent levels of monitoring to OBD systems and which shall be compatible therewith. The Commission shall, not later than 31 December 2002, consider the available technology with a view to confirming the mandatory NOx standard for 2008 in a report to the European Parliament and to the Council, accompanied, if necessary, by appropriate proposals. Article 8 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 2000. They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive. Article 9 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 10 This Directive is addressed to the Member States. Done at Brussels, 13 December 1999. For the European Parliament The President N. FONTAINE For the Council S. HASSI (1) OJ C 173, 8.6.1998, p. 1 and OJ C 43, 17.2.1999, p. 25. (2) OJ C 407, 28.12.1998, p. 27. (3) Opinion of the European Parliament of 21 October 1998 (OJ C 341, 9.11.1998, p. 74), Council Common Position of 22 April 1999 (OJ C 296, 15.10.1999, p. 1) and Decision of the European Parliament of 16 November 1999 (not yet published in the Official Journal). (4) OJ C 112, 20.12.1973, p. 1. (5) OJ C 138, 17.5.1993, p. 1. (6) OJ L 36, 9.2.1988, p. 33. (7) OJ L 295, 25.10.1991, p. 1. (8) OJ L 40, 17.2.1996, p. 1. (9) OJ L 100, 19.4.1994, p. 42. (10) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 98/91/EC of the European Parliament and of the Council (OJ L 11, 16.1.1999, p. 25). (11) OJ L 190, 20.8.1972, p. 1. Directive as last amended by Directive 97/20/EC (OJ L 125, 16.5.1997, p. 21). (12) OJ L 350, 28.12.1998, p. 1. (13) OJ L 350, 28.12.1998, p. 58.
Article 8 
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 2000. They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive. Article 9 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 10 This Directive is addressed to the Member States. Done at Brussels, 13 December 1999. For the European Parliament The President N. FONTAINE For the Council S. HASSI (1) OJ C 173, 8.6.1998, p. 1 and OJ C 43, 17.2.1999, p. 25. (2) OJ C 407, 28.12.1998, p. 27. (3) Opinion of the European Parliament of 21 October 1998 (OJ C 341, 9.11.1998, p. 74), Council Common Position of 22 April 1999 (OJ C 296, 15.10.1999, p. 1) and Decision of the European Parliament of 16 November 1999 (not yet published in the Official Journal). (4) OJ C 112, 20.12.1973, p. 1. (5) OJ C 138, 17.5.1993, p. 1. (6) OJ L 36, 9.2.1988, p. 33. (7) OJ L 295, 25.10.1991, p. 1. (8) OJ L 40, 17.2.1996, p. 1. (9) OJ L 100, 19.4.1994, p. 42. (10) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 98/91/EC of the European Parliament and of the Council (OJ L 11, 16.1.1999, p. 25). (11) OJ L 190, 20.8.1972, p. 1. Directive as last amended by Directive 97/20/EC (OJ L 125, 16.5.1997, p. 21). (12) OJ L 350, 28.12.1998, p. 1. (13) OJ L 350, 28.12.1998, p. 58.
Article 9 
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 10 This Directive is addressed to the Member States. Done at Brussels, 13 December 1999. For the European Parliament The President N. FONTAINE For the Council S. HASSI (1) OJ C 173, 8.6.1998, p. 1 and OJ C 43, 17.2.1999, p. 25. (2) OJ C 407, 28.12.1998, p. 27. (3) Opinion of the European Parliament of 21 October 1998 (OJ C 341, 9.11.1998, p. 74), Council Common Position of 22 April 1999 (OJ C 296, 15.10.1999, p. 1) and Decision of the European Parliament of 16 November 1999 (not yet published in the Official Journal). (4) OJ C 112, 20.12.1973, p. 1. (5) OJ C 138, 17.5.1993, p. 1. (6) OJ L 36, 9.2.1988, p. 33. (7) OJ L 295, 25.10.1991, p. 1. (8) OJ L 40, 17.2.1996, p. 1. (9) OJ L 100, 19.4.1994, p. 42. (10) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 98/91/EC of the European Parliament and of the Council (OJ L 11, 16.1.1999, p. 25). (11) OJ L 190, 20.8.1972, p. 1. Directive as last amended by Directive 97/20/EC (OJ L 125, 16.5.1997, p. 21). (12) OJ L 350, 28.12.1998, p. 1. (13) OJ L 350, 28.12.1998, p. 58.
Article 10 
This Directive is addressed to the Member States. Done at Brussels, 13 December 1999