Council Directive of 20 March 1970 on the approximation of the laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles (70/220/EEC) (repealed) (c. 220)

[F1ANNEX I U.K. [F2SCOPE, DEFINITIONS, APPLICATION FOR EC TYPE-APPROVAL, GRANTING OF EC TYPE-APPROVAL, REQUIREMENTS AND TESTS, EXTENSION OF EC TYPE-APPROVAL, CONFORMITY OF PRODUCTION AND IN-SERVICE VEHICLES, ON-BOARD DIAGNOSTIC (OBD) SYSTEMS]

Textual Amendments

F1 Substituted by Council Directive of 26 June 1991 amending Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehicles (91/441/EEC).

F2 Substituted by 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.

[F3Appendix 4 (1) STATISTICAL PROCEDURE FOR IN-SERVICE CONFORMITY TESTING

Textual Amendments

F3 Inserted by 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.

[F43. PROCEDURE TO BE FOLLOWED WITH OUTLYING EMITTERS IN THE SAMPLE (2) U.K.

3.1. With a minimum sample size of three and a maximum sample size as determined by the procedure of paragraph 4, a vehicle is taken at random from the sample and the emissions of the regulated pollutants are measured to determine if it is an outlying emitter. U.K.

3.2. A vehicle is said to be an outlying emitter when the conditions given in either section 3.2.1 or section 3.2.2 are met. U.K.

3.2.1. In the case of a vehicle that has been type-approved according to the limit values given in row A of the table in section 5.3.1.4 of Annex I, an outlying emitter is a vehicle where the applicable limit value for any regulated pollutant is exceeded by a factor of 1,2. U.K.

3.2.2. In the case of a vehicle that has been type-approved according to the limit values given in row B of the table in section 5.3.1.4 of Annex I, an outlying emitter is a vehicle where the applicable limit value for any regulated pollutant is exceeded by a factor of 1,5. U.K.

3.2.3. In the specific case of a vehicle with a measured emission for any regulated pollutant within the ‘ intermediate zone ’(3) . U.K.

3.2.3.1. If the vehicle meets the conditions of this section, the cause of the excess emission must be determined and another vehicle is then taken at random from the sample. U.K.

3.2.3.2. Where more than one vehicle meets the condition of this section, the type-approval authority and the manufacturer must determine if the excess emission from both vehicles is due to the same cause or not. U.K.

3.2.3.2.1. If the type-approval authority and the manufacturer both agree that the excess emission is due to the same cause, the sample is regarded as having failed and the plan of remedial measures outlined in section 6 of Appendix 3 applies. U.K.

3.2.3.2.2. If the type-approval authority and the manufacturer can not agree on either the cause of the excess emission from an individual vehicle or whether the causes for more than one vehicle are the same, another vehicle is taken at random from the sample, unless the maximum sample size has already been reached. U.K.

3.2.3.3. When only one vehicle meeting the conditions of this section has been found, or when more than one vehicle has been found and the type-approval authority and the manufacturer agree it is due to different causes, another vehicle is taken at random from the sample, unless the maximum sample size has already been reached. U.K.

3.2.3.4. If the maximum sample size is reached and not more than one vehicle meeting the requirements of this section has been found where the excess emission is due to the same cause, the sample is regarded as having passed with regard to the requirements of section 3 of this Appendix. U.K.

3.2.3.5. If, at any time, the initial sample has been exhausted, another vehicle is added to the initial sample and that vehicle is taken. U.K.

3.2.3.6. Whenever another vehicle is taken from the sample, the statistical procedure of paragraph 4 of this Appendix is applied to the increased sample. U.K.

3.2.4. In the specific case of a vehicle with a measured emission for any regulated pollutant within the ‘ failure zone ’(4) . U.K.

3.2.4.1. If the vehicle meets the conditions of this section, the type-approval authority shall determine the cause of the excess emission and another vehicle is then taken at random from the sample. U.K.

3.2.4.2. Where more than one vehicle meets the condition of this section, and the type-approval authority determines that the excess emission is due to the same cause, the manufacturer shall be informed that the sample is regarded as having failed, together with the reasons for that decision, and the plan of remedial measures outlined in section 6 of Appendix 3 applies. U.K.

3.2.4.3. When only one vehicle meeting the conditions of this section has been found, or when more than one vehicle has been found and the type-approval authority has determined that it is due to different causes, another vehicle is taken at random from the sample, unless the maximum sample size has already been reached. U.K.

3.2.4.4. If the maximum sample size is reached and not more than one vehicle meeting the requirements of this section has been found where the excess emission is due to the same cause, the sample is regarded as having passed with regard to the requirements of section 3 of this Appendix. U.K.

3.2.4.5. If, at any time, the initial sample has been exhausted, another vehicle is added to the initial sample and that vehicle is taken. U.K.

3.2.4.6. Whenever another vehicle is taken from the sample, the statistical procedure of paragraph 4 of this Appendix is applied to the increased sample. U.K.

3.2.5. Whenever a vehicle is not found to be an outlying emitter, another vehicle is taken at random from the sample.] ] ] U.K.

Textual Amendments

F4 Substituted by Commission Directive 2002/80/EC of 3 October 2002 adapting to technical progress Council Directive 70/220/EEC relating to measures to be taken against air pollution by emissions from motor vehicles (Text with EEA relevance).

(1)

[F1 [F3The provisions laid down in Appendix 4 must be re-examined and completed without delay in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.

(2)

[F4On the basis of actual in-service data to be supplied before 31 December 2003 by the Member States, the requirements of this section may be reviewed and consider (a) whether the definition of outlying emitter needs to be revised with respect to vehicles that have been type-approved according to the limit values given in row B of the table in section 5.3.1.4 of Annex I, (b) whether the procedure for identifying outlying emitters should be amended and (c) whether the procedures for in-service conformity testing should be replaced at an appropriate time by a new statistical procedure. If appropriate, the Commission will propose the necessary amendments in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.

(3)

For any vehicle, the ‘ intermediate zone ’ is determined as follows. The vehicle shall meet the conditions given in either section 3.2.1 or section 3.2.2 and in addition, the measured value for the same regulated pollutant shall be below a level that is determined from the product of the limit value for the same regulated pollutant given in row A of the table in section 5.3.1.4 of Annex I multiplied by a factor of 2,5.

(4)

For any vehicle, the ‘ failure zone ’ is determined as follows. The measured value for any regulated pollutant exceeds a level that is determined from the product of the limit value for the same regulated pollutant given in row A of the table in section 5.3.1.4. of Annex I multiplied by a factor of 2.5.] ] ]

Textual Amendments