Directive 98/69/EC of the European Parliament and of the Council (repealed)Show full title

Article 2

1. Subject to the provisions of Article 7, with effect as from nine months after this Directive enters into force no Member State may, on grounds relating to air pollution by emissions from motor vehicles:

• refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC, or

• refuse to grant national type-approval, or

• prohibit the registration, sale or entry into service of vehicles, pursuant to Article 7 of Directive 70/156/EEC,

if the vehicles comply with the requirements of Directive 70/220/EEC, as amended by this Directive.

2. Subject to the provisions of Article 7, with effect from 1 January 2000 for vehicles in category M as defined in Annex II, Section A, to Directive 70/156/EEC — except vehicles the maximum mass of which exceeds 2 500 kg —, for vehicles in Category N₁ Class I and, with effect from 1 January 2001, for vehicles in Category N₁ Classes II and III as defined in the table in Section 5.3.1.4 of Annex I to Directive 70/220/EEC, and for vehicles in category M the maximum mass of which exceeds 2 500 kg, Member States may no longer grant:

• EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC, or

• national type-approval, except where the provisions of Article 8(2) of Directive 70/156/EEC are invoked,

for a new vehicle type on grounds relating to air pollution by emissions if it fails to comply with the provisions of Directive 70/220/EEC, as amended by this Directive. For the Type I test the limit values set out in row A of the table in section 5.3.1.4 of Annex I to Directive 70/220/EEC are to be used.

3. With effect from 1 January 2001 for vehicles in category M — except vehicles the maximum mass of which exceeds 2 500 kg —, for vehicles in Category N₁ Class I and, with effect from 1 January 2002, for vehicles in Category N₁ Classes II and III as defined in the table in Section 5.3.1.4 of Annex I to Directive 70/220/EEC, and for vehicles in category M the maximum mass of which exceeds 2 500 kg, Member States shall:

• consider certificates of conformity which accompany new vehicles pursuant to Directive 70/156/EEC as no longer valid for the purpose of Article 7(1) of that Directive, and

• refuse the registration, sale or entry into service of new vehicles which are not accompanied by a valid certificate of conformity pursuant to Directive 70/156/EEC, except where the provisions of Article 8(2) of Directive 70/156/EEC are invoked,

on grounds relating to air pollution by emissions, if the vehicles fail to comply with the provisions of Directive 70/220/EEC, as amended by this Directive.

For the Type I test the limit values set out in row A of the table in section 5.3.1.4 of Annex I to Directive 70/220/EEC are to be used.

4. Subject to the provisions of Article 7, with effect from 1 January 2005 for vehicles in Category M as defined in Annex II, Section A, to Directive 70/156/EEC — except vehicles the maximum mass of which exceeds 2 500 kg —, for vehicles in Category N₁ Class I and, with effect from 1 January 2006, for vehicles in Category N₁, Classes II and III as defined in the table in Section 5.3.1.4 of Annex I to Directive 70/220/EEC, and for vehicles in category M whose maximum mass exceeds 2 500 kg, Member States may no longer grant:

• EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC, or

• national type-approval except where the provisions of Article 8(2) of Directive 70/156/EEC are invoked,

for a new type of vehicle on grounds relating to air pollution by emissions if it fails to comply with the provisions of Directive 70/220/EEC, as amended by this Directive.

For the Type I test the limit values set out in row B of the table in Section 5.3.1.4 of Annex I to Directive 70/220/EEC are to be used.

5. With effect from 1 January 2006 for vehicles in category M — except vehicles the maximum mass of which exceeds 2 500 kg —, for vehicles in Category N₁ Class I, and, with effect from 1 January 2007, for vehicles in Category N₁ Classes II and III, as defined in the table in Section 5.3.1.4 of Annex I to Directive 70/220/EEC, and for vehicles in category M whose maximum mass exceeds 2 500 kg, Member States shall:

• consider certificates of conformity which accompany new vehicles pursuant to Directive 70/156/EEC as no longer valid for the purpose of Article 7(1) of that Directive, and

• refuse the registration, sale or entry into service of new vehicles which are not accompanied by a valid certificate of conformity pursuant to Directive 70/156/EEC, except where the provisions of Article 8(2) of Directive are invoked,

on grounds relating to air pollution by emissions, if the vehicles fail to comply with the provisions of Directive 70/220/EEC, as amended by this Directive.

For the Type I test the limit values set out in row B of the table in Section 5.3.1.4 of Annex I to Directive 70/220/EEC are to be used.

6. Until 1 January 2003, vehicles in Category M₁, fitted with compression ignition engines the maximum mass of which exceeds 2 000 kg and which are

• designed to carry more than six occupants including the driver, or

• off-road vehicles as defined in Annex II to Directive 70/156/EEC

shall be considered, for the purposes of paragraphs 2 and 3, as vehicles in Category N₁.

7. Member States shall:

• consider as no longer valid the certificates of conformity for vehicles approved in accordance with footnote 1, as amended by footnotes 2 and 3, to the table in Section 5.3.1.4 of Annex I to Directive 70/220/EEC as inserted by Directive 96/69/EC, and

• refuse the registration, sale or entry into service of new vehicles:

  (a)

  with effect from 1 January 2001, for vehicles in Category M₁ and in Category N₁, Class I, except vehicles designed to carry more than six occupants including the driver and vehicles the maximum mass of which exceeds 2 500 kg, and

  (b)

  with effect from 1 January 2002, for vehicles in Category N₁, Classes II and III, vehicles designed to carry more than six occupants including the driver and vehicles the maximum mass of which exceeds 2 500 kg.

8. Until the dates referred to in paragraphs 2 and 3 type-approval may be granted and conformity-of-production verifications carried out in accordance with Directive 70/220/EEC as amended by Directive 96/69/EC.