Directive 98/69/EC of the European Parliament and of the Council (repealed)Show full title

Article 1

Directive 70/220/EEC is hereby amended as follows:

1.

In Article 5, ‘Annexes I to VII’ shall be replaced by ‘Annexes I to XI’;

2.

The Annexes are hereby amended in accordance with the Annex to this Directive.

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• consider certificates of conformity which accompany new vehicles pursuant to Directive 70/156/EEC as no longer valid for the purpose of Article 7(1) of that Directive, and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

Article 3

1. Not later than 31 December 1999, the Commission shall submit a proposal to the European Parliament and to the Council confirming or complementing this Directive. The measures contained in the proposal shall take effect from 1 January 2005. The proposal shall contain:

• Category N₁, Classes II and III limit values for cold start in low temperature ambient air (266 K) (- 7^o C),

• Community provisions for improved roadworthiness testing,

• the threshold limit values for OBD for 2005/6 for M₁ and N₁ vehicles,

• examination of Type V testing, including the possibility of abolishing it.

2. After 31 December 1999 the Commission shall submit further proposals for legislation to come into force after 2005 which consider:

• modification to the durability requirements, including extending the durability test,

• fuel quality standards including in particular in the light of vehicle technology,

• the contribution of possible measures, including those relating to fuels and vehicles, to the attainment of longer term Community objectives on air quality, taking into account technological developments and the results of new air pollution related research including effects of particulate matter on human health,

• the potential and feasibility of local measures to reduce vehicle emissions; in this context the contribution of transport and other policy measures such as traffic management, urban public transport, enhanced inspection and maintenance and vehicle scrappage schemes should be evaluated,

• the particular situation of captive fleets and the potential for emission reductions related to the use by such fleets of fuels with very stringent environmental specifications,

• the potential emission reductions to be gained from fixing the environmental specifications of fuels to be used in agricultural tractors as covered by Directive 74/150/EEC and in internal combustion engines to be installed in non-road mobile machinery as covered by Directive 97/68/EC,

• requirements for the operation of an on-board measurement system (OBM).

3. All proposals shall take into account the following background considerations:

• evaluation of the impact of the provisions of this Directive in terms of their contribution to air quality, examination of technical feasibility and cost-effectiveness including an evaluation of the benefits and availability of enhanced technology,

• compatibility with the attainment of other Community objectives, such as regarding the attainment of air quality objectives and other related objectives such as acidification and eutrophication and the reduction of greenhouse gas emissions,

• noxious pollutant emissions in the Community from transport and non-transport sources and an estimate of the contribution that existing and pending and potential emission reduction measures from all sources could make towards improving air quality,

• emissions from direct-injection petrol engines including particulate emissions,

• developments in exhaust purification at full load,

• development of alternative fuels and new propulsion technologies,

• progress towards the industrial availability of key after-treatment systems such as DeNOx catalysts and traps and the technical feasibility of achieving the implementation date for diesel engines,

• improvements in the test procedures for small particulates,

• refinery technologies and the supply situation and qualities of crude oil available to the Community,

• the contribution that selective and differentiated fiscal measures could make to reducing vehicle emissions without any negative impact on the functioning of the internal market, taking into account the effects of revenue losses on neighbouring countries.

Article 4

1. By 1 January 2000, the Commission shall submit a report to the European Parliament and the Council on the drawing up of a standard electronic format for repair information taking account of relevant international standards.

By 30 June 2002 the Commission shall submit a report to the European Parliament and the Council on the development of on-board diagnostics (OBD) giving its opinion on the need for an extension of the OBD procedure and on requirements for the operation of an on-board measurement system (OBM). 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 ensuring at least equivalent levels of monitoring to the OBD system and which shall be compatible with these systems.

The Commission shall submit a report to the European Parliament and the Council on the extension of OBD to cover other electronic vehicle control systems relating to active and passive safety, inter alia in a manner which is compatible with emission control systems.

2. By 1 January 2001 the Commission shall take appropriate measures to ensure that replacement or retro-fitted components can be brought to the market. Such measures shall include suitable approval procedures for replacement parts to be defined as soon as possible for those emission control components that are critical to the correct functioning of OBD systems.

3. By 30 June 2000 the Commission shall take appropriate measures to ensue that the development of replacement or retro-fit components which are critical to the correct functioning of the OBD system is not restricted by the unavailability of pertinent information, unless that information is covered by intellectual property rights or constitutes specific know-how of the manufacturers or the OEM (Original Equipment Manufacturers) suppliers: in this case the necessary technical information shall not be improperly withheld.

4. In addition the Commission shall submit, by 30 June 2000, appropriate proposals to ensure that spare and retrofit parts are compatible inter alia with the specifications of the appropriate on-board diagnostic system, so that repair, replacement and fault-free operation are possible. The type-approval procedure laid down in the Annex to this Directive shall serve as a basis for this.

Article 5

Member States may make provision for tax incentives only in respect of motor vehicles in series production which comply with Directive 70/220/EEC, as amended by this Directive. Such incentives shall comply with the provisions of the Treaty and satisfy the following conditions:

• they shall apply to all new series-production vehicles offered for sale on the market of a Member State which comply in advance with the mandatory limit values set out in row A of the table in section 5.3.1.4 of Annex I to Directive 70/220/EEC, as amended by this Directive, and thereafter as from 1 January 2000 for vehicles in Category M₁ and Category N₁, Class I, and, with effect from 1 January 2001, for vehicles in Category N₁, Classes II and III, which comply with the limit values set out in row B of the same table,

• they shall be terminated with effect from the application of the emission limit values laid down in Article 2(3) for new motor vehicles, or with effect from the dates laid down in Article 2(4),

• for each type of motor vehicle, they shall not exceed the additional cost of the technical solutions introduced to ensure compliance with the values set in Article 2(3) or Article 2(5) and of their installation on the vehicle.

The Commission shall be informed in sufficient time of plans to institute or change the incentives referred to in the first subparagraph, so that it can submit its observations.

Member States may inter alia introduce tax or financial incentives for the re-equipment of in-use vehicles to meet the values laid down in this Directive or previous amendments to Directive 70/220/EEC, and for laying up vehicles which do not comply.

Article 6

Rules for a type-approval for vehicles with alternative propulsion systems and vehicles using alternative fuels shall be further defined as appropriate.

Article 7

This Directive shall be brought into effect at the same time as, and in accordance with the same timetable for, the introduction of measures specified in Directive 98/70/EC(1).

Article 8

1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive with effect as from nine months after this Directive enters into force. 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 Luxembourg, 13 October 1998

For the European Parliament

The President

J. M. Gil-Robles

For the Council

The President

C. Einem