Legal provisions of COM(2000)314 - Amendment of Directive 97/24/EC on certain components and characteristics of two or three-wheel motor vehicles

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Article 1

This Directive aims at reducing the level of pollutant emissions from two- and three-wheel motor vehicles by tightening the limit values for such emissions.

Article 2

1. With effect from 1 April 2003, no Member State may, on grounds relating to the measures to be taken against air pollution:

(a) refuse to grant EC type-approval pursuant to Article 4(1) of Directive 92/61/EEC, or

(b) prohibit the registration, sale or entry into service of vehicles,

if the measures to be taken against air pollution comply with the requirements of Directive 97/24/EC.

2. With effect from 1 April 2003, Member States shall refuse to grant EC type-approval pursuant to Article 4(1) of Directive 92/61/EEC for any type of vehicle on grounds relating to the measures to be taken against air pollution, if it fails to comply with the provisions of Directive 97/24/EC.

For the type I test, the limit values set out in row A of the Table in Chapter 5, Annex II, Section 2.2.1.1.5 to Directive 97/24/EC shall be used.

3. With effect from 1 July 2004, Member States shall:

(a) consider certificates of conformity which accompany new vehicles pursuant to Directive 92/61/EEC as no longer valid; and

(b) refuse the registration, sale or entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 92/61/EEC,

on grounds relating to the measures to be taken against air pollution, if the vehicles fail to comply with the provisions of Directive 97/24/EC.

For the type I test for mopeds, the limit values set out in the second row of the Table in Chapter 5, Annex I, Section 2.2.1.1.3 to Directive 97/24/EC shall be used.

For the type I test for motorcycles and tricycles, the limit values set out in rows A of the table in Chapter 5, Annex II, Section 2.2.1.1.5 to Directive 97/24/EC shall be used.

4. For trial and enduro motorcycles with two wheels, in accordance with Directive 92/61/EEC, the date set in paragraph 2 shall be 1 January 2004 and the date set in paragraph 3 shall be 1 July 2005.

Trial motorcycles are defined as vehicles with the following characteristics:

(a) Maximum seat height: 700 mm;

(b) Minimum ground clearance: 280 mm;

(c) Maximum fuel tank capacity: 41 l;

(d) Minimum overall gear ratio in the highest gear (primary ratio × gear ratio × final drive ratio) of 7,5.

Enduro motorcycles are defined as vehicles having the following characteristics:

(a) Minimum seat height of 900 mm;

(b) Minimum ground clearance of 310 mm;

(c) Minimum overall gear ratio in the highest gear (primary ratio × gear ratio × final drive ratio) of 6,0.

Article 3

1. With effect from 1 January 2006, Member States shall refuse to grant EC type-approval pursuant to Article 4(1) of Directive 92/61/EEC for a new vehicle type on grounds relating to measures to be taken against air pollution, if it fails to comply with the provisions of Directive 97/24/EC.

For the type I test, the limit values set out in rows B of the Table in Chapter 5, Annex II, Section 2.2.1.1.5 to Directive 97/24/EC shall be used.

2. With effect from 1 January 2007, Member States shall:

(a) consider certificates of conformity which accompany new vehicles pursuant to Directive 92/61/EEC as no longer valid, and

(b) refuse the registration, sale or entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 92/61/EEC,

on grounds relating to the measures to be taken against air pollution, if the vehicles fail to comply with the provisions of Directive 97/24/EC.

For the type I test, the limit values set out in rows B of the Table in Chapter 5, Annex II, Section 2.2.1.1.5 to Directive 97/24/EC shall be used.

For vehicle types of which no more than 5000 units are sold annually in the European Union, the date shall be 1 January 2008.

Article 4

1. Member States may make provision for tax incentives only in respect of vehicles which comply with Directive 97/24/EC. Such incentives shall comply with either of the following conditions:

(a) they shall apply to all new 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 Chapter 5, Annex II, Section 2.2.1.1.5 to Directive 97/24/EC; they shall be terminated with effect from the mandatory application of the emission limit values laid down in Article 2(3) for new vehicles; or

(b) they shall apply to all new vehicles offered for sale on the market of a Member State which comply in advance with the mandatory limit values set out in rows B of the Table in Chapter 5, Annex II, Section 2.2.1.1.5 of Directive 97/24/EC. They shall end on the date for the mandatory application of the emission limit values for new vehicles laid down in Article 3(2) of this Directive.

2. For each type of vehicle referred to in paragraph 1, the tax incentives shall be for an amount lower than the additional cost of obtaining and fitting on the vehicle the technical solutions introduced to ensure compliance with the values set in either row A or row B of the Table in Chapter 5, Annex II, Section 2.2.1.1.5 to Directive 97/24/EC.

3. The Commission shall be informed in sufficient time of plans to create or change the tax incentives referred to in paragraph 1, so that it can submit its observations.

Article 5

Type-approvals shall also confirm the correct operation of the emission-control devices during the normal life of two and three-wheel motor vehicles as from 1 January 2006 for new vehicle types and as from 1 January 2007 for all vehicle types for up to 30000 km. To this end, the Commission shall submit to the European Parliament and the Council by 31 December 2002 a proposal defining 'normal life' and establishing supplementary provisions. In its cost-benefit-analysis the Commission shall particularly pay attention to the effects its proposals have on small and medium-sized enterprises.

Article 6

1. With effect from 1 January 2006 for new two and three-wheel motor vehicles and from 1 January 2007 for all vehicle types, type-approvals granted to vehicles shall also require confirmation of the correct operation of emission-control devices during the normal life of the vehicle under normal conditions of use (conformity of in-service vehicles properly maintained and used).

2. To this end, the Commission shall submit a proposal to the European Parliament and the Council defining 'normal life' and establishing supplementary provisions. They shall include, inter alia, if appropriate:

- criteria for carrying out checks,

- criteria for selecting the vehicles to be tested,

- criteria for carrying out the tests,

- rules to eliminate possible errors,

- the criterion that there shall be no charge for the owner/holder of the vehicle.

In its cost-benefit analysis the Commission shall particularly pay attention to the effects its proposals have on small and medium-sized enterprises.

Article 7

1. With effect from 1 January 2006 Member States may no longer grant EC type approval and shall refuse national type approval for a two- or three-wheel vehicle if its CO2-emission and fuel consumption are not established in accordance with the relevant provisions.

2. With effect from 1 January 2007 Member States shall:

- consider certificates of conformity which accompany new two-wheel motor vehicles with an engine capacity of over 150 cm3 pursuant to Directive 92/61/EEC as no longer valid, and

- refuse the registration, sale or entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 92/61/EEC,

if their CO2-emissions and fuel consumptions are not established in accordance with the relevant provisions.

Article 8

1. The Commission shall consider a further tightening of the emission standards of vehicles falling within the scope of this Directive, taking into account:

(a) technical developments in the field of emission control technology and their technical and economic feasibility with regard to their application to motorcycles, as well as their application in the diverse market that these vehicles satisfy;

(b) the advances in the development of a more representative test cycle for motorcycles which remedies the current limitations of the current test cycle, such as cold start and high driving dynamics;

(c) the opportunity to harmonise the test cycle on a worldwide basis;

(d) the correlation of limit values between the current and the new test cycle;

(e) further work on particulate emissions, and the issue of particulate emissions from compression ignition and spark ignition engines;

(f) ongoing work on durability and in-use compliance;

(g) further work on cold starting, on-board diagnostics (OBD) systems, and evaporation emissions;

(h) ongoing work on replacement catalytic converters;

(i) the economic impact on small series production and on small volume manufacturers;

The Commission furthermore will develop a methodology for measuring specific CO2 emissions from two- or three-wheel motor vehicles.

2. The Commission shall, not later than 31 December 2002, submit to the Committee for Adaptation to Technical Progress a proposal setting out a test method for the measurement of particulate emissions in accordance with the results of the studies as prescribed in paragraph 1(e), to be applied to new type-approvals from 1 January 2004.

3. The Commission shall, not later than 31 December 2002, submit a proposal to the European Parliament and the Council, containing:

(a) mandatory emission limit values to be used in the Type I test for tricycles and quadricycles for the second mandatory stage from 2006 and mandatory emission limit values for particulate emissions in accordance with the results of the studies as prescribed in paragraph 1(e).

(b) an obligation to measure specific CO2 emissions in type approval in accordance with Article 7. The Commission shall also submit appropriate proposals for the inclusion of two- and three-wheel motor vehicles in the Community strategy for reducing transport CO2 emissions (agreement to reduce average CO2 emissions, labelling, tax incentives);

(c) provisions relating to durability to be applied from 1 January 2006, in accordance with Article 5;

(d) requirements to include conformity testing on in-service vehicles (in-service tests) in the type-approval procedure for two- or three-wheel motor vehicles with effect from 1 January 2006 pursuant to Article 6;

(e) a new set of limit values (stage III) for mopeds, including particulate emissions in accordance with the results of the studies as prescribed in paragraph 1(e), to be applied from 2006. The provisions on durability requirements and the obligation to measure specific CO2 emissions in type approval will also be applied to mopeds.

4. The Commission shall submit proposals to the European Parliament and Council concerning inspection and maintenance, OBD and evaporative emission control. The Commission shall also ensure that only replacement and retrofit parts for exhaust systems which comply with Directive 97/24/EC and this Directive are placed on the market. The issuing of type-approval must be sufficiently verifiable and the data on the type-approvals issued must be quickly, efficiently and transparently retrievable and traceable in a European data system.

5. As soon as possible and at the latest after the technical development of the worldwide test cycle, the Commission shall present a proposal for its inclusion and a new set of limit values, including particulate emissions for compression ignition engines and two-stroke spark-ignition engines. These limit values should be set in correlation to the second mandatory stage in 2006 of this Directive (row B, in the table in Chapter 5, Annex II, Section 2.2.1.1.5 to (Directive 97/24/EC)) in order to guarantee the same emission level. The test cycle should be introduced together with these new limit values (row C to be inserted in the table in Chapter 5, Annex II, section 2.2.1.1.5 to Directive 97/24/EC) as an alternative type-approval procedure at the choice of the manufacturer for the second mandatory stage in 2006. In line with the adoption of the new worldwide test cycle in other regions it will then become the only regular type-approval procedure. For further stages in the reduction of exhaust emissions after 2006 the new test cycle with limit values based on this cycle will be the only valid type-approval procedure.

Article 9

Chapter 5 of Directive 97/24/EC shall be amended in accordance with the text in the Annex hereto.

Article 10

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 April 2003. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Article 11

This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.

Article 12

This Directive is addressed to the Member States.