19.7.2008 EN Official Journal of the European Union L 192/51
COMMISSION DIRECTIVE 2008/74/EC
of 18 July 2008
amending, as regards the type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and access to vehicle repair and maintenance information, Directive 2005/55/EC of the European Parliament and of the Council and Directive 2005/78/EC
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on 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 (1), and in particular Article 7 thereof,
Whereas:
(1) Following the change of scope of Directive 2005/55/EC introduced by Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (2), it is necessary to further amend this Directive by transferring the relevant technical requirements. Consequently, it is also necessary to amend Commission Directive 2005/78/EC (3), which implements that Directive.
(2) As a consequence of the change of scope, it is necessary to introduce new requirements into the heavy-duty emissions legislation set up by Directive 2005/55/EC. These requirements include test procedures to enable type approval of heavy-duty engines and vehicles with petrol engines.
(3) In addition, it is necessary to introduce existing requirements for measuring the smoke opacity of diesel engines into Directive 2005/78/EC. This is due to the repeal of Council Directive 72/306/EEC of 2 August 1972 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in vehicles (4) as provided by Regulation (EC) No 715/2007.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee — Motor Vehicles,
Directive 2005/55/EC is amended as follows:
1. Article 1 is replaced by the following:
(a) “vehicle” means any motor vehicle as defined in Article 2 of Directive 70/156/EEC with a reference mass exceeding 2 610 kg;
(b) “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, may be granted;
(c) “enhanced environment-friendly vehicle (EEV)” means a vehicle propelled by an engine which complies with the permissive emission limit values set out in row C of the tables in Section 6.2.1 of Annex I.’
2. Annexes I, II, III and VI to Directive 2005/55/EC are amended in accordance with Annex I to this Directive.
Directive 2005/78/EC is amended as follows:
1. Article 2 is replaced by the following:
2. In point 1 of Annex V, Section 2 is replaced by the following:
‘Section 2: the number of the Directive — 2005/55/EC’.
3. Annexes VI and VII as set out in Annex II to this Directive are added.
1.   Member States shall adopt and publish, by 2 January 2009 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
They shall apply those provisions from 3 January 2009.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Directive is addressed to the Member States.