EUROPEAN PARLIAMENT. Session document ***II COMMON POSITION

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1 EUROPEAN PARLIAMENT 1999 Session document 2004 C5-0028/ /07/1999 ***II COMMON POSITION Subject : COMMON POSITION (EC) No /99 ADOPTED BY THE COUNCIL ON 22 APRIL 1999 WITH A VIEW TO THE ADOPTION OF DIRECTIVE 99/ /EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO 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 AND AMENDING COUNCIL DIRECTIVE 88/77/EEC (COD 1997/0350) EN EN

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215 EUROPEAN UNION Brussels, 16 July 1999 THE COUNCIL Interinstitutional File No 97/0350 (COD) 5734/1/99 REV 1 ADD I LIMITE ENT 21 ENV 23 CODEC 52 COUNCIL COMMON POSITION NE /99 OF 22 APRIL 1999 WITH A VIEW TO ADOPTING DIRECTIVE 99/ /EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO 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 AND AMENDING COUNCIL DIRECTIVE 88/77/EEC STATEMENT OF THE COUNCIL'S REASONS 5734/1/99 REV 1 ADD 1 AMS/mab EN DG C II 1

216 I. INTRODUCTION 1. On 23 March 1998 the Commission submitted a proposal, based on Article 95 of the EC Treaty, relating to 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 fulled with natural gas or liquefied petroleum gas for use in vehicles and amending Council Directive 88/77/EEC. 2. The European Parliament delivered its Opinion on 21 October 1998 and proposed 24 amendments to the Commission proposal. In the light of that Opinion the Commission submitted an amended proposal on 16 March 1999 accepting 10 of the European Parliament's amendments, 2 of which were accepted in full, 5 in principle subject to redrafting and 4 in part. 3. The Economic and Social Committee delivered its Opinion on 9 September On 22 April 1999, the Council adopted a common position on the Commission proposal in accordance with Article 251 of the Treaty. II. OBJECTIVE 5. The objective of the Commission's proposal is to apply more stringent emission limits applicable to engines fitted in heavy-duty vehicles from the year 2000 and so amend Directive 88/77/EEC on diesel engine emissions. It is one part of the proposals resulting from the Auto- Oil I programme which also include passenger car emissions, fuel quality, light commercial vehicle emissions and inspection and maintenance. 5734/1/99 REV 1 ADD 1 AMS/mab EN DG C II 2

217 III. ANALYSIS OF THE COMMON POSITION 6. Preliminary comment The Council has felt that it was appropriate to introduce, as requested by the European Parliament, a second stage of more stringent emission limit values by 2005 as well as to adopt provisions aiming at introducing before this date complementary measures on durability, on-board-diagnostics (OBD) and in-use conformity testing. Furthermore, the Council has decided to introduce a further stage applicable from October 2008 that aims for a further reduction of the NOx limit by 43% over the limit set for However, recognising that the necessary NOx reduction technology is not yet available, the Council has decided that the Commission shall report on the state of play of such technology by the end of 2002 accompanied, if necessary by appropriate proposals. As the Council has judged that the apportionment of test cycles applicable for 2000 would no longer be valid for the stringent emission limits envisaged for 2005, it has decided that for 2005, all diesel engines must be tested on all cycles (ESC, ELR and ETC cycles) for the purpose of type-approval. The Council has extended the scope of the Directive to provide for the European typeapproval of gas-fuelled engines - liquified petroleum gas (LPG) or natural gas (NG). This is achieved through the application of the same emission limits as apply to diesel engines but with the addition of specific emission limits for non-methane hydrocarbons (instead of total hydrocarbons) and methane for gas fuelled engines. Gas engines are tested on the ETC cycle only and due to their inherently low particulate emission, gas engines are not subject to particulate measurement for the purposes of type-approval. The Council has agreed to introduce specific values for extra-low emission vehicles (EEV) for use primarily in urban fleets. 5734/1/99 REV 1 ADD 1 AMS/mab EN DG C II 3

218 As has been the case in the other so-called Auto-Oil Directives, taxation provisions have been introduced and thus the Council has decided that Member States can apply tax incentives to encourage the earlier introduction of vehicles complying with future emission limits. However, incentives for vehicles complying with the more stringent standards will only be permitted from 1 October 2000 and incentives shall cease from the date of mandatory application of the legislative requirements. 7. Enacting terms (a) Article 1(2) A definition of Enhanced Environmentally Friendly vehicle has been introduced in Article 1. (b) Article 2 (6) and (7) (new) Two paragraphs have been added in Article 2 for consequential reasons, adapting provisions for type-approval and certificates of conformity provisions for vehicles not complying with emission values set for the new stage (c) Article 3 (1) subparagraphs (a) and (b), Article 3(2) The wording of this article has been changed sightly as a consequence of the introduction of the second set of emission values for 2005 and the addition of limit values for EEV. (d) Articles 4-6 (new) Articles 4-6 contain provisions concerning the application of EC type approval in respect of OBD systems from 2005 (new types of vehicles) and 2006 (all types of vehicles), durability requirements and in-use conformity testing respectively. These Articles also serve to recall that the Commission is to propose provisions to this effect. 5734/1/99 REV 1 ADD 1 AMS/mab EN DG C II 4

219 (d) Article 7 (Article 4 of Commission proposal) Article 7 follows very closely the line taken in the Commission proposal. However, the Council thought it best to add new paragraphs asking the Commission to submit proposals before the end of 2000 on the introduction of supplementary measures relating to OBD, durability requirements and in-use conformity testing from October 2005 and on the future prospects for a world harmonised test cycle for heavy duty vehicles. As technology to provide compliance with the stringent NOx limit in 2008 is not available at present, the Council has decided that the Commission shall report on the state of play of NOx reduction technology by the end of 2002 and, if necessary, put forward appropriate proposals (see preliminary comment in paragraph 6 above). (e) Annex I A number of amendments have been made to Annex I: In Annex I, section 2, two new definitions have been introduced: 2.27 "EEV", and 2.28 "Defeat device". The latter has been introduced as the Council found it best explicitly to make sure that unfriendly engine management strategies in relation to test proceeding under practical operations are excluded. Section 6.2 has been amended as the Council judged that with the introduction of stringent limit values for 2005, the test cycles apportionment would have to be changed accordingly and thus the Council has decided that for 2005 all diesel engines will be tested on all cycles for the purpose of type-approval. Conventional gas fuelled engines will not be subject to particulate measurement for the purposes of type approval for the 2000 requirement. For the 2005 and 2008 stages these engines will continue to be tested only on the ETC cycle. 5734/1/99 REV 1 ADD 1 AMS/mab EN DG C II 5

220 In table 1 and 2 of Section 6.2.1, row B has been divided into B1 (limit values for 2005) and B2 (limit values for 2008) and a new row C (limit values for EEV) has been added (see preliminary comments in paragraph 6 above). The Council has confirmed the limit values proposed by the Commission for the initial stage In this regard the Council has agreed to grant a derogation to small high speed diesel engines as far as particulate emissions are concerned. However, the Council has expanded the definition of these engines to engines with a cylinder swept volume of 750 cc instead of 700 cc. Furthermore, the Council has confirmed that this exception shall end from the application of the second stage in The Council has decided to add a mandatory set of stringent limit values applicable from October 2005, introducing particularly stringent limits for particulates allowing for a reduction of a further 80% over the limits set for The Council has agreed to add a further stage applicable from October 2008, aiming for a further reduction in the NOx limit by 43% over the limit set for Finally, the Council has decided to include specific target values for EEV to be used by Member States for application on a permissive basis for the encouragement of ultra-low emission vehicles operating in specific areas. 5734/1/99 REV 1 ADD 1 AMS/mab EN DG C II 6

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