Directive 98/69/EC of the European Parliament and of the Council of 13 October 1998 relating to measures to be taken against air pollution by emissions from motor vehicles and amending Council Directive 70/220/EEC (repealed)

Status:

This is the original version (as it was originally adopted).

Directive 98/69/EC of the European Parliament and of the Council

of 13 October 1998

relating to measures to be taken against air pollution by emissions from motor vehicles and amending Council Directive 70/220/EEC (repealed)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,

Having regard to the proposals from the Commission(1),

Having regard to the Opinion of the Economic and Social Committee(2),

Acting in accordance with the procedure laid down in Article 189 b of the Treaty(3), in the light of the joint text approved on 29 June 1998 by the Conciliation Committee,

(1) Whereas measures should be adopted within the framework of the internal market;

(2) Whereas the first programme of action of the European Community on protection of the environment(4), approved by the Council on 22 November 1973, called for account to be taken of the latest scientific advances in combating atmospheric pollution caused by gases emitted from motor vehicles and for Directives adopted previously to be amended accordingly; whereas the fifth programme of action, which in its general approach was approved by the Council in its Resolution of 1 February 1993(5), provided for additional efforts to be made for a considerable reduction in the present level of emissions of pollutants from motor vehicles; whereas this fifth programme also set targets in terms of emission reductions for various pollutants on the understanding that emissions from both mobile and stationary sources would have to be reduced;

(3) Whereas Council Directive 70/220/EEC(6) lays down the limit values for carbon monoxide and unburnt hydrocarbon emissions from the engines of such vehicles; whereas these limit values were first reduced by Council Directive 74/290/EEC(7) and supplemented, in accordance with Commission Directive 77/102/EEC(8), by limit values for permissible emissions of nitrogen oxides; whereas the limit values for these three types of pollution were successively reduced by Commission Directive 78/665/EEC(9) and Council Directives 83/351/EEC(10) and 88/76/EEC(11); whereas limit values for particulate pollutant emissions from diesel engines were introduced by Council Directive 88/436/EEC(12); whereas more stringent European standards for the emissions of gaseous pollutants from motor vehicles below 1 400 cm(13) were introduced by Council Directive 89/458/EEC(14); whereas these standards have been extended to all passenger cars independently of their engine capacity on the basis of an improved European test procedure comprising an extra-urban driving cycle; whereas requirements relating to evaporative emissions and to the durability of emission-related vehicle components as well as more stringent particulate pollutant standards for motor vehicles equipped with diesel engines were introduced by Council Directive 91/441/EEC(15); whereas Directive 94/12/EC of the European Parliament and of the Council(13) introduced more stringent limit values for all pollutants and a new method for checking on the conformity of production; whereas passenger cars designed to carry more than six occupants and having a maximum mass of more than 2 500 kg, light commercial vehicles, and off-road vehicles, covered by Directive 70/220/EEC, which previously benefited from less stringent standards, have since been subject, pursuant to Council Directive 93/59/EEC(16) and Directive 96/69/EC of the European Parliament and of the Council(17), to standards as stringent as the respective standards for passenger cars, taking into account the specific conditions of these vehicles;

(4) Whereas an additional effort should be undertaken in order to commercialise more environmentally friendly vehicles; whereas, in the sectors of public and collective passenger transport and urban freight distribution, an increased share of more environmentally friendly vehicles should be aimed at;

(5) Whereas Article 4 of Directive 94/12/EC requires that the Commission propose standards which will be enforced after the year 2000, according to a new multi-faceted approach, based on a comprehensive assessment of costs and efficiency of all measures aimed at reducing road transport pollution; whereas the proposal should, besides the tightening of car emission standards, include complementary measures such as an improvement in fuel quality and a strengthening of the motor-vehicle inspection and maintenance programme; whereas the proposal should be based on the establishment of air quality criteria and associated emission reduction objectives and an evaluation of the cost-effectiveness of each package of measures, taking into account the potential contribution of other measures such as traffic management, enhancement of urban public transport, new propulsion technologies or the use of alternative fuels; whereas, given the urgency of community action on the limitation of pollutant emissions by motor vehicles, the present proposals are also based on present or anticipated best available anti-pollution technologies which are liable to speed up the replacement of polluting motor vehicles;

(6) Whereas an adequate framework should be created as soon as possible to accelerate the introduction on to the market of vehicles with innovative propulsion technologies and vehicles which use alternative fuels with a low environmental impact; whereas the introduction of vehicles with alternative fuels can produce a significant improvement in the quality of city air;

(7) Whereas, in order to help resolve the problem of atmospheric pollution, it is necessary to step in with a global strategy, encompassing the technological, management and tax aspects, for the development of sustainable mobility, taking into account the specific characteristics of the various European urban areas;

(8) Whereas the Commission has implemented a European programme on air quality, road traffic emissions, fuels and engines technologies (the Auto/Oil Programme) with a view to fulfilling the requirements of Article 4 of Directive 94/12/EC; whereas the Commission has implemented the APHEA Project which estimates the external costs of air pollution by motor vehicles at 0,4 % of EU GNP, and further assessments conclude that the external costs amount to 3 % of EU GNP, whereas the Commission has implemented the ‘Car of Tomorrow’ Action Plan which strives to contribute to the promotion of the ‘Car of Tomorrow’ which will be clean, safe, energy efficient and ‘intelligent’; whereas this action plan enforces Community action promoting R & D leading to clean cars and whereas neither the R & D efforts undertaken in the framework of the ‘Car of Tomorrow’ Action Plan nor EU competitiveness in automobile R & D should be jeopardised; whereas the European motor vehicle and oil industries have carried out the European Programme on Emissions, fuels and Engine Technologies (EPEFE) to determine the contribution which can be made both by future vehicles and the fuels which propel them; whereas the Auto/Oil and EPEFE programmes strive to ensure that proposals for Directives on polluting emissions seek the best solutions for both the citizen and for the economy; whereas the need for Community action for the forthcoming Steps 2000 and 2005 has become urgent; whereas it has become apparent that a further improvement of car emission technology is necessary with a view to achieving air quality in the year 2010 as described in the Commission communication on the Auto/Oil Programme;

(9) Whereas it is important to give weight to factors such as fluctuations as a result of competitive developments, the real distribution of costs between the industries taking part with a view to the annual reduction of emissions, costs avoided elsewhere by investment in a given area and reductions in the burden on the economy;

(10) Whereas the improvement of requirements for new passenger cars and light commercial vehicles in Directive 70/220/EEC constitutes part of a consistent global Community strategy which will also include a revision of standards for light commercial vehicles and heavy duty vehicles from the year 2000, an improvement of motor fuels and more accurate assessment of in-service vehicle emission performance; whereas alongside these measures, additional cost-effective local measures will nevertheless be needed to achieve the air-quality criteria in the most polluting areas;

(11) Whereas Directive 70/220/EEC is one of the separate Directives under the type-approval procedure laid down by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(18); whereas the objective of reducing the level of pollutant emissions from motor vehicles cannot be sufficiently achieved by individual Member States and can therefore be better achieved by the approximation of the laws of the Member States relating to measures to be taken against air pollution by motor vehicles;

(12) Whereas reductions of the Type I test limits applicable from the year 2000 (corresponding to a drop of 40 % in nitrogen oxides, 40 % in total hydrocarbons, 30 % in carbon monoxide for petrol-driven passenger cars, 20 % in nitrogen oxides, 20 % in the combined value for hydrocarbons plus nitrogen oxides, 40 % in carbon monoxide, 35 % in particulates for indirect injection diesel passenger cars and 40 % in nitrogen oxides, 40 % in the combined value for hydrocarbons plus nitrogen oxides, 40 % in carbon monoxide and 50 % in particulates for direct-injection diesel passenger cars and a reduction of 20 % in nitrogen oxides, 65 % in hydrocarbons, 40 % in carbon monoxide and 35 % in particulates for diesel light commercial vehicles) have been identified as key measures to achieve sufficient medium-term air quality; whereas these reductions have been applied to hydrocarbons and nitrogen oxides on the assumption that nitrogen oxides represent respectively 45 % and 80 % of the weight of the combined value measured for petrol/diesel passenger cars complying with Directive 94/12/EC and Directive 96/69/EC respectively; whereas separate limit values are now normally fixed for petrol-driven vehicles in order to monitor the emissions of both pollutants; whereas a combined limit value is maintained for diesel vehicles for which the Stage 2000 standards are the most demanding, with a view to facilitating engineering of future engines; whereas these reductions will take into account the effect on real emissions of a modification also adopted for the test cycle with a view to better representing emissions after a cold start (‘deletion of 40 s’);

(13) Whereas Commission Directive 96/44/EC(19) brought the test conditions of Directive 70/220/EEC into line with those of Council Directive 80/1268/EEC of 16 December 1980 relating to the carbon dioxide emissions and the fuel consumption of motor vehicles(20), in particular as far as the relationship between the reference mass of the vehicle and the equivalent inertia which is to be used is concerned; whereas it is now appropriate to align the reference mass definitions of vehicles of Category N₁ Classes I, II and III with those of Directive 96/44/EC;

(14) Whereas new provisions for on-board diagnostics (OBD) should be introduced with a view to permitting an immediate detection of failure of anti-pollution vehicle equipment and thus allowing a significant upgrading of the maintenance of initial emissions performance on in-service vehicles through periodic or kerbside control; whereas, however, OBD are at a less developed stage for diesel vehicles and cannot be fitted on all such vehicles before 2005; whereas installing an on-board measurement system (OBM) or other systems to detect any faults by measuring individual pollutants emitted shall be permissible provided that the OBD system integrity is maintained; whereas in order for the Member States to ensure that vehicle owners meet their obligation to repair faults once they have been indicated, the distance travelled since the fault is indicated shall be recorded; whereas on-board diagnostics systems must offer unrestricted and standardised access; whereas motor vehicle manufacturers must provide the information required for the diagnosis, servicing or repair of the vehicle; whereas such access and such information are required to ensure that vehicles may be inspected, serviced and repaired without hindrance throughout the European Union, and that competition in the market for vehicle parts and repairs is not distorted to the disadvantage of part manufacturers, independent vehicle-part wholesalers, independent repair garages and consumers; whereas manufacturers of spare or retrofit parts will be obliged to make the parts they manufacture compatible with the on-board diagnostic system concerned with a view to fault-free operation assuring the user against malfunctions;

(15) Whereas the Type IV test which makes it possible to determine the evaporative emissions from vehicles with positive-ignition engines can be improved better to represent real evaporative emissions as well as the status of measuring techniques;

(16) Whereas to adapt the behaviour of the exhaust-emission control systems of vehicles with positive-ignition engines to the actual requirements of practice, a new test should be introduced to measure emissions at low temperatures;

(17) Whereas the characteristics of the reference fuels used for emission testing should reflect the evolution of the market fuel specifications to be available following legislation on the quality of petrol and diesel fuels;

(18) Whereas a new method for checking conformity of production on in-service vehicles has been identified as a cost-effective accompanying measure, and is included in the emissions Directive with the objective of implementation in the year 2001;

(19) Whereas the circulation of obsolete vehicles, which causes many times more pollution than vehicles now being marketed, is an important source of road transport pollution; whereas measures to promote the faster replacement of existing vehicles with vehicles having a lower environmental impact should be investigated;

(20) Whereas Member States should be allowed, by means of tax incentives, to expedite the placing on the market of vehicles which satisfy the requirements adopted at Community level, such incentives having to comply with the provisions of the Treaty and satisfy certain conditions intended to avoid distortions of the internal market; whereas this Directive does not affect the Member States' right to include emissions of pollutants and other substances in the basis for calculating road traffic taxes on motor vehicles;

(21) Whereas with a view to the harmonious development of the internal market and the protection of consumer interests, a binding long-term approach is required; whereas it is therefore necessary to establish a two-stage approach with mandatory limit values to be applied from the years 2000 and 2005 which can be used for the purpose of granting tax incentives to encourage the early introduction of vehicles containing the most advanced anti-pollution equipment;

(22) Whereas the Commission will closely monitor technological developments in emission control and, where appropriate, will propose the adaptation of this Directive; whereas the Commission is carrying out research projects to deal with outstanding questions, the findings of which will be incorporated in a proposal for future legislation after the year 2005;

(23) Whereas Member States may take measures to encourage the retrofitting of older vehicles with emission control devices and components;

(24) Whereas Member States may take measures to encourage faster progress towards replacing existing vehicles with low-emission vehicles;

(25) Whereas Article 5 of Directive 70/220/EEC lays down that the amendments which are necessary to adapt the requirements of the Annexes to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC; whereas in the meantime several other Annexes have been added to the Directive and it is essential that all Annexes to Directive 70/220/EEC can be adapted to technical progress in accordance with the said procedure;

(26) Whereas is modus vivendi between the European Parliament, the Council and the Commission concerning the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the Treaty was concluded on 20 December 1994(21); whereas this modus vivendi applies inter alia to measures taken in accordance with Article 13 of Directive 70/156/EEC;

(27) Whereas Directive 70/220/EEC should be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

(1)

OJ C 77, 11.3.1997, p. 8 and

OJ C 106, 4.4.1997, p. 6.

(2)

OJ C 206, 7.7.1997, p. 113.

(3)

Opinions of the European Parliament of 10 April 1997 and of 18 February 1998, (OJ C 132, 28.4.1997, p. 170 and OJ C 80, 16.3.1998, p. 128), Common Positions of the Council of 7 October 1997 and of 23 March 1998 (OJ C 351, 19.11.1997, p. 13 and OJ C 161, 27.5.1998, p. 45), and Decisions of the European Parliament, second reading, of 30 April 1998 (OJ C 152, 18.5.1998, p. 41) and, third reading of 15 September 1998 (not yet published in the Official Journal). Decision of the Council of 17 September 1998.

(4)

OJ C 112, 20.12.1973, p. 1.

(5)

OJ C 138, 17.5.1993, p. 1.

(6)

OJ L 76, 6.4.1970, p. 1. Directive as last amended by Directive 96/69 of the European Parliament and of the Council (OJ L 282, 1.11.1996, p. 64).

(7)

OJ L 159, 15.6.1974, p. 61.

(8)

OJ L 32, 3.2.1977, p. 32.

(9)

OJ L 223, 14.8.1978, p. 48.