EUROPEAN PARLIAMT 2014-2019 Committee on the Environment, Public Health and Food Safety 31.3.2015 2014/0012(COD) ***I DRAFT REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EC) No 715/2007 and (EC) No 595/2009 as regards the reduction of pollutant emissions from road vehicles (COM(2014)0028 C7-0027/2014 2014/0012(COD)) Committee on the Environment, Public Health and Food Safety Rapporteur: Albert Deß PR\1045459.doc PE546.598v01-00 United in diversity
PR_COD_1amCom Symbols for procedures * Consultation procedure *** Consent procedure ***I Ordinary legislative procedure (first reading) ***II Ordinary legislative procedure (second reading) ***III Ordinary legislative procedure (third reading) (The type of procedure depends on the legal basis proposed by the draft act.) Amendments to a draft act Amendments by Parliament set out in two columns Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column. The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend. Amendments by Parliament in the form of a consolidated text New text is highlighted in bold italics. Deletions are indicated using either the symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced. By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted. PE546.598v01-00 2/12 PR\1045459.doc
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DRAFT EUROPEAN PARLIAMT LEGISLATIVE RESOLUTION on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EC) No 715/2007 and (EC) No 595/2009 as regards the reduction of pollutant emissions from road vehicles (COM(2014)0028 C7-0027/2014 2014/0012(COD)) (Ordinary legislative procedure: first reading) The European Parliament, having regard to the Commission proposal to Parliament and the Council (COM(2014)0028), having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0027/2014), having regard to Article 294(3) of the Treaty on the Functioning of the European Union, having regard to the opinion of the European Economic and Social Committee of 29 April 2014 1, having regard to Rule 59 of its Rules of Procedure, having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Internal Market and Consumer Protection and the Committee on Transport and Tourism (A8-0000/2015), 1. Adopts its position at first reading hereinafter set out; 2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; 3. Instructs its President to forward its position to the Council, the Commission and the national parliaments. Amendment 1 Proposal for a regulation Recital 2 Text proposed by the Commission Amendment (2) Although emissions of methane are not known to have a direct harmful effect deleted 1 OJ C 0, 0.0.0000, p. 0. / Not yet published in the Official Journal. PR\1045459.doc 5/12 PE546.598v01-00
on human health, methane is a strong greenhouse gas. Therefore, in line with the Communication of the Commission on the application and future development of Community legislation concerning vehicle emissions from light-duty vehicles and access to repair and maintenance information (Euro 5 and 6)2 and with Article 14(1) of Regulation (EC) 715/2007 of the European Parliament and of the Council 3, the Commission should consider including methane emissions in the calculation of CO 2 emissions. 2 OJ C 182, 19.7.2008, p. 17. 3 Regulation (EC) 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 (OJ L 171, 29.6.2007, p. 1). Or. en Amendment 2 Proposal for a regulation Recital 3 Text proposed by the Commission (3) In order to facilitate the introduction of natural gas vehicles the current total hydrocarbons (THC) emission limit should be increased and the effect of methane emissions should be taken into account and expressed as a CO2 equivalent for regulatory and consumer information purposes. Amendment (3) In order to facilitate the introduction of natural gas vehicles the current total hydrocarbons (THC) emission limit should be increased. Or. en PE546.598v01-00 6/12 PR\1045459.doc
Amendment 3 Proposal for a regulation Recital 7 Text proposed by the Commission (7) In order to achieve EU air quality objectives and to ensure a continuous effort to reduce vehicle emissions, the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFUE) should be delegated to the Commission in respect of the detailed rules on the application of Regulation (EC) No 715/2007 to vehicles of categories M1, M2, N1 and N2 with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 5 000 kg, the specific procedures, tests and requirements for type approval, the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems, the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information, the replacement of the information on the mass of CO2 emissions in the certificate of conformity with information on total mass of CO2 emissions equivalents, the increase or removal of the limit value of total hydrocarbons emissions for positive ignition vehicles, the amendment of Regulation (EC) No 715/2007 for the purposes of recalibrating the particulate mass based limit values and introducing particle number based limit values that would correlate broadly with the petrol and diesel mass limit values, the adoption of a revised measurement procedure for particulates and a particle number limit Amendment (7) In order to achieve EU air quality objectives and to ensure a continuous effort to reduce vehicle emissions, the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFUE) should be delegated to the Commission in respect of the detailed rules on the application of Regulation (EC) No 715/2007 to vehicles of categories M1, M2, N1 and N2 with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 7 500 kg, the specific procedures, tests and requirements for type approval, the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems, the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information, the replacement of the information on the mass of CO2 emissions in the certificate of conformity with information on total mass of CO2 emissions equivalents, the increase or removal of the limit value of total hydrocarbons emissions for positive ignition vehicles, the amendment of Regulation (EC) No 715/2007 for the purposes of recalibrating the particulate mass based limit values and introducing particle number based limit values that would correlate broadly with the petrol and diesel mass limit values, the adoption of a revised measurement procedure for particulates and a particle number limit PR\1045459.doc 7/12 PE546.598v01-00
value, a limit value for emissions of NO2 and limits for tailpipe emissions at cold temperatures for vehicles approved as complying with the Euro 6 emission limits. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. value, a limit value for emissions of NO2 and limits for tailpipe emissions at cold temperatures for vehicles approved as complying with the Euro 6 emission limits. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. Or. en Amendment 4 Proposal for a regulation Article 1 point 1 Regulation (EC) No 715/2007 Article 2 paragraph 2 Text proposed by the Commission "2. After publication of the delegated acts adopted in accordance with the second subparagraph and at the manufacturer's request, this Regulation shall apply to vehicles of categories M1, M2, N1 and N2 as defined in Annex II to Directive 2007/46/EC of the European Parliament and of the Council* with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 5 000 kg. The Commission shall be empowered to adopt delegated acts in accordance with Article 14a concerning the detailed rules on the application of this Regulation to vehicles of categories M1, M2, N1 and N2 as defined in Annex II to Directive 2007/46/EC with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 5 000 kg. The delegated acts shall ensure in particular that at chassis dynamometer tests the actual operational mass of the vehicle is appropriately considered for determining the equivalent inertia as well as other Amendment "2. After publication of the delegated acts adopted in accordance with the second subparagraph and at the manufacturer's request, this Regulation shall apply to vehicles of categories M1, M2, N1 and N2 as defined in Annex II to Directive 2007/46/EC of the European Parliament and of the Council* with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 7 500 kg. The Commission shall be empowered to adopt delegated acts in accordance with Article 14a concerning the detailed rules on the application of this Regulation to vehicles of categories M1, M2, N1 and N2 as defined in Annex II to Directive 2007/46/EC with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 7 500 kg. The delegated acts shall ensure in particular that at chassis dynamometer tests the actual operational mass of the vehicle is appropriately considered for determining the equivalent inertia as well as other PE546.598v01-00 8/12 PR\1045459.doc
default power and load parameters. default power and load parameters. * OJ L 263, 9.10.2007, p. 1.". * OJ L 263, 9.10.2007, p. 1.". Or. en Amendment 5 Proposal for a regulation Article 1 point 5 point a Regulation (EC) No 715/2007 Article 14 paragraph 1 point a Text proposed by the Commission Amendment (a) the replacement of the information on the mass of CO 2 emissions in the certificate of conformity referred to in Article 18 of Directive 2007/46/EC with the information on total mass of CO 2 emissions equivalents, which shall be the sum of the mass of CO 2 emissions and methane emissions, expressed as equivalent mass of CO 2 emissions with regard to their greenhouse gas effects; deleted Or. en Amendment 6 Proposal for a regulation Article 1 point 6 Regulation (EC) No 715/2007 Article 14a paragraph 2 Text proposed by the Commission 2. The power to adopt delegated acts referred to in the second subparagraph of Article 2(2), Article 5(3), Article 8 and in Article 14(1) to (5) shall be conferred on the Commission for an indeterminate period of time from [ ][Publications Amendment 2. The power to adopt delegated acts referred to in the second subparagraph of Article 2(2), Article 5(3), Article 8 and in Article 14(1) to (5) shall be conferred on the Commission until 30 June 2019 from [ ][Publications Office, please insert the PR\1045459.doc 9/12 PE546.598v01-00
Office, please insert the exact date of entry into force]. exact date of entry into force]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before 30 June 2019. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. Or. en PE546.598v01-00 10/12 PR\1045459.doc
EXPLANATORY STATEMT This proposal consists of a set of different, relatively heterogeneous measures, mostly aiming at reducing noxious emissions from vehicles for human health. More in particular,they concern the setting of specific NO 2 emission limits within the wider NOx emission range, cancelling the ammonia limit for Heavy Duty combustion engines, modifying cold start emission limits inherited from previous "Euro" stages, a measure to adapt the Total Hydrocarbon Emissions (THC) in order to facilitate the introduction of natural gas vehicles, a measure aiming at adding methane as a greenhouse gas equivalent to the total CO 2 emissions every car manufacturer has to comply with and the possibility to extend from 2 840 kg to 5 000 kg the range of vehicles which can fall under the emission rules for light commercial vehicles. Another series of measures of a more purely technical -regulatory nature, are a number of cases in which an alignment of the executive powers in the current legislative texts with the Lisbon Treaty is proposed as well as some new executive powers as an instrument to implement some of the new proposed measures. In principle, measures to improve air quality are to be welcomed,certainly if they strike a good balance between the costs involved and the yield in the form of more liveable and sustainable cities, where ever more of our citizens are concentrated, and less health care related costs. But on the other hand car manufacturers should not be rushed into measures which form a disproportional burden for them. We should be aware that the industry is currently still struggling to overcome the recent economic crisis and that extra -costs and red tape should be kept at a minimum. The rapporteur would like to highlight certain specific aspects of the Commission proposal and of the proposed amendments. Methane is not a pollutant gas in itself and does not constitute a threat for human health.natural gas vehicles emit about 25% less CO 2 than petrol driven cars and it is highly speculative which share of the market gas driven vehicles will gain in the future. At this moment gas driven vehicles are only a marginal part of the car fleet in use. In addition, the outcome of the real driving emissions tests creates an uncertainty as to how to account exactly for emissions, not only of methane. The rapporteur would prefer not to penalize from the start this small category of vehicles which contribute to lowering greenhouse gas emissions. The review laid down in Article 14(3) or, alternatively, a review of the CO 2 legislation for cars should be a guarantee that, whenever methane emissions become a problem, the Commission is empowered to propose new legislation. Extending the range of vehicles which at the request of the manufacturer can fall under the light duty emission rules is a positive intention by the Commission which the rapporteur would like to see even extended to 7 500 kg. It avoids still more double approval procedures and other avoidable administrative steps. Ammonia is emitted by diesel fuelled heavy duty vehicles (HDVs) which use it in a so-called urea reagent, an after treatment technology used to reduce their NOx emissions. In PR\1045459.doc 11/12 PE546.598v01-00
the case of natural gas fuelled HDVs ammonia is emitted as a direct result of the combustion of natural gas itself, it is not used to neutralise NOx since there is virtually no NOx produced. Maintaining the ammonia limit for positive ignition HDVs would require expensive emission abatement systems, which would be discriminatory towards this category, as it would prevent alternative fuel technologies such as LPG and NG from becoming economically viable. The application of the NH 3 limit value for positive ignition engines should therefore be removed, as proposed by the Commission, while the existing 10 ppm limit for compression ignition (i.e. diesel) vehicles, which comprise the majority of the vehicle fleet, would be kept in place. As regards the alignment to the Lisbon Treaty, the proposal aims to adapt old comitology procedures to the delegated and implementing acts, in accordance with Articles 290 and 291 TFEU. This would empower the Commission to adopt such acts in respect of a wide range of rules, procedures and limit values related to the application of Euro 5 and Euro 6 standards. As it is the case in the large majority of acts, the power to adopt delegated acts should be conferred on the Commission from the entry into force until 30 June 2019, which corresponds to the end of the current legislative term, as opposed to the suggested indeterminate period of time, and the standard provisions on the Commission's report in respect of the delegation of powers and on the tacit extension should apply. PE546.598v01-00 12/12 PR\1045459.doc