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Commission Directive 2007/34/EC of 14 June 2007 amending, for the purposes of its adaptation to technical progress, Council Directive 70/157/EEC concerning the permissible sound level and the exhaust system of motor vehicles (Text with EEA relevance)
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THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to 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(1), and in particular the second indent of Article 13(2) thereof,
Having regard to Council Directive 70/157/EEC relating to the permissible sound level and the exhaust system of motor vehicles(2), and in particular Article 3 thereof,
Whereas:
(1) Directive 70/157/EEC is one of the separate Directives in the context of the Community type-approval procedure laid down in Directive 70/156/EEC. The provisions of Directive 70/156/EEC relating to systems, components and separate technical units for vehicles therefore apply to Directive 70/157/EEC.
(2) Since the entry into force of Directive 70/157/EEC of 6 February 1970, the noise limits for motor vehicles have been reduced several times, most recently in 1995. The last reduction did not have the expected effects and subsequent studies have shown that the measurement method no longer reflects the real life driving behaviour. It is therefore necessary to introduce a new test cycle and bring the driving conditions for carrying out the noise test closer into line with real life driving operations. The new test cycle is contained in UN/ECE Regulation No 51, 02 series of amendments(3).
(3) During a transitional period, the current test as well as the new test should be carried out for type-approval and the results of both tests should be reported to the Commission. This would enable the Commission to obtain the necessary data for establishing appropriate limit values for the new measurement method which would replace the existing test protocol. The current method should continue to be required in order to receive type-approval and the new method should be used for monitoring purposes. After the transitional period, the test protocol as adapted to the new test should become the only measurement required in order to receive type-approval.
(4) In order to take into account the most recent amendments to UN/ECE Regulations Nos 51 and 59, to which the Community has already acceded, it is appropriate to adapt Directive 70/157/EEC to technical progress by aligning it with the technical requirements of those regulations. This is important, in particular, in order to take over the mandatory monitoring procedure of the motor vehicle noise emissions laid down in the UN/ECE Regulation No 51 for the purposes of EC type-approval. Otherwise, the Directive would fall behind the Regulation with regard to technical advancement.
(5) Pursuant to Article 3 of Directive 70/157/EEC, the measures provided for by this Directive do not modify the requirements set out in points 5.2.2.1 and 5.2.2.5 of Annex I to Directive 70/157/EEC. With regard to the new structure of the Annexes, it is necessary to adapt the numbering and references specified in those points. In order to ensure the link to other provisions of Community legislation, it is also appropriate to provide for a correlation between the current and the new numbering.
(6) The measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress,
HAS ADOPTED THIS DIRECTIVE:
1.Directive 70/157/EEC is amended as follows:
(a)Annex I is replaced by the text set out in Annex I to this Directive;
(b)Annex II is replaced by the text set out in Annex II to this Directive;
(c)Annex III is replaced by the text set out in Annex III to this Directive;
(d)Annex IV is deleted.
2.References to points 5.2.2.1 and 5.2.2.5 of Annex I to Directive 70/157/EEC shall be construed as references to points 2.1 and 2.2 of Annex I, as replaced by this Directive.
With effect from 6 July 2008 and until 6 July 2010, the vehicle to be type-approved shall be subject to the test laid down in Annex 10 of UN/ECE Regulation No 51 for monitoring purposes only. The results of that test shall be added to the documents set out in Appendices 1 and 2 of Annex I to Directive 70/157/EEC as amended by this Directive, in conformity with Annex 9 of UN/ECE Regulation No 51. The Member State concerned shall send such information documents to the Commission. These obligations do not affect cases of extension of existing approvals according to this Directive. For the purpose of this monitoring procedure a vehicle is not considered to be a new type if the vehicle differs only in respect to paragraphs 2.2.1 and 2.2.2 of UN/ECE Regulation No 51.
1.Member States shall adopt and publish, by 5 July 2008 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
They shall apply those provisions from 6 July 2008.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2.Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
This Directive is addressed to the Member States.
Done at Brussels, 14 June 2007.
For the Commission
Günter Verheugen
Vice-President
The sound level measured in accordance with the provisions of Annex III shall not exceed the following limits:
However
for vehicles of categories 2.1.1 and 2.1.3, the limit values are increased by 1 dB(A) if they are equipped with a direct injection diesel engine,
for vehicles with a maximum permissible mass of over two tonnes designed for off-road use, the limit values are increased by 1 dB(A) if their engine power is less than 150 kW and 2 dB(A) if their engine power is 150 kW or more,
for vehicles in category 2.1.1, equipped with a manually operated gear box having more than four forward gears and with an engine developing a maximum power exceeding 140 kW/t and whose maximum power/maximum mass ratio exceeds 75 kW/t, the limit values are increased by 1 dB(A) if the speed at which the rear of the vehicle passes the line BB' in third gear is greater than 61 km/h.
The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail.
If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied.
For front, centre, rear silencer: construction, type, marking, where relevant for exterior noise: reducing measures in the engine compartment and on the engine:U.K.
etc.
Additional information in the case of off-road vehicles:U.K.
Date, File
Stamp of administration
Communication concerning the
type-approval(8)
extension of type-approval(8)
refusal of type-approval(8)
withdrawal of type-approval(8)
of a type of a vehicle/component/separate technical unit(8) with regard to Directive …/…/EEC, as last amended by Directive …/…/EC.
Type-approval number:
Reason for extension:
| a The measurement values are given with the 1 dB(A) deduction in accordance with provisions of item 2.2.1 of Annex I. | |||
| b “E” indicates that the measurements in question were conducted in accordance with this Directive. | |||
| Measurement results | |||
|---|---|---|---|
| Left-hand sidedB(A)a | Right-hand sidedB(A)a | Position of gear lever | |
| first measurement | |||
| second measurement | |||
| third measurement | |||
| fourth measurement | |||
| Test result: … dB(A)/Eb | |||
| a “E” indicates that the measurements in question were conducted in accordance with this Directive. | ||
| Measurement results | ||
|---|---|---|
| dB(A) | Engine | |
| first measurement | ||
| second measurement | ||
| third measurement | ||
| Test result: … dB(A)/Ea | ||
“1” for Germany
“2” for France
“3” for Italy
“4” for the Netherlands
“5” for Sweden
“6” for Belgium
“7” for Hungary
“8” for the Czech Republic
“9” for Spain
“11” for the United Kingdom
“12” for Austria
“13” for Luxembourg
“17” for Finland
“18” for Denmark
“19” for Romania
“20” for Poland
“21” for Portugal
“23” for Greece
“24” for Ireland
“26” for Slovenia
“27” for Slovakia
“29” for Estonia
“32” for Latvia
“34” for Bulgaria
“36” for Lithuania
“49” for Cyprus
“50” for Malta
It must also include in the vicinity of the rectangle the “base approval number” contained in section 4 of the type-approval number referred to in Annex VII to Directive 70/156/EEC, preceded by the two figures indicating the sequence number assigned to the most recent major technical amendment to Council Directive 70/157/EEC which was applicable at the time of the vehicle type-approval. For Directive 70/157/ EEC, the sequence number is 00; for Directive 77/212/EEC the sequence number is 01; for Directive 84/424/EEC the sequence number is 02; for Directive 92/97/EEC and this Directive the sequence number is 03. Sequence number 03 reflects as well the technical requirements of the 00 series of amendments of UN/ECE Regulation No 59.
The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail.
If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied.
Date, File
Stamp of administration
Communication concerning the
type-approval(12)
extension of type-approval(12)
refusal of type-approval(12)
withdrawal of type-approval(12)
of a type of a vehicle/component/separate technical unit(12) with regard to Directive …/…/EEC, as last amended by Directive …/…/EC.
Type-approval number:
Reason for extension:
moving vehicle: … dB(A), speed stabilised before acceleration at … km/h;
stationary vehicle dB(A), at … min–1
The exhaust system or component thereof bearing the above EC type-approval mark is a device which has been approved in Spain (e 9) pursuant to Directive 92/97/EEC (03) under the base approval number 0148.
The figures used are only indicative.”
“Unladen vehicle” means a vehicle the mass of which is described in point 2.6 of Appendix 1 of Annex I to this Directive, without driver;
“Communication form” shall be understood as type-approval-certificate set out in Appendix 2 of Annexes I and II;
“Contracting Parties to the respective regulations” shall be understood as Member States;
references to Regulation No 51 and Regulation No 59 shall be construed as references to Directive 70/157/EEC;
footnote 1 in point 2.2.6 shall be understood as follows: “For definitions of the categories, see Annex II A to Directive 70/156/EEC”.”
OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 2006/96/EC (OJ L 363, 20.12.2006, p. 81).
OJ L 42, 23.2.1970, p. 16. Directive as last amended by Directive 2006/96/EC.
The item numbers and footnotes used in this information document correspond to those set out in Annex I to Directive 70/156/EEC. Items not relevant for the purpose of this Directive are omitted.
Delete as applicable.
Delete as applicable.
Delete as applicable.
Delete as applicable.
If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by the type-approval certificate such characters shall be represented in the documentation by the symbol: “?” (e.g. ABC??123??).
As defined in Annex IIA to Directive 70/156/EEC.
Delete as applicable.
Delete as applicable.
If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by the type-approval certificate such characters shall be represented in the documentation by the symbol: “?” (e.g. ABC??123??).
As defined in Annex IIA to Directive 70/156/EEC.
If several types are indicated, items 1.3 to 1.10 inclusive must be completed in respect of each type.
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