Legal provisions of COM(2014)28 - Amendment of Regulations (EC) No 715/2007 and (EC) No 595/2009 as regards the reduction of pollutant emissions from road vehicles - Main contents
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| dossier | COM(2014)28 - Amendment of Regulations (EC) No 715/2007 and (EC) No 595/2009 as regards the reduction of pollutant emissions from road ... |
|---|---|
| document | COM(2014)28  |
| date | January 31, 2014 |
Article 1
(1) In Article 2, paragraph 2 is replaced by the following:
"2. After publication of the delegated acts adopted in accordance with the second subparagraph and at the manufacturer's request, this Regulation shall apply to vehicles of categories M1, M2, N1 and N2 as defined in Annex II to Directive 2007/46/EC of the European Parliament and of the Council* with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 5 000 kg.
The Commission shall be empowered to adopt delegated acts in accordance with Article 14a concerning the detailed rules on the application of this Regulation to vehicles of categories M1, M2, N1 and N2 as defined in Annex II to Directive 2007/46/EC with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 5 000 kg. The delegated acts shall ensure in particular that at chassis dynamometer tests the actual operational mass of the vehicle is appropriately considered for determining the equivalent inertia as well as other default power and load parameters.
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* OJ L 263, 9.10.2007, p. 1.".
(2) Article 4(4) is replaced by the following:
'The Commission shall establish specific procedures and requirements for the implementation of paragraphs 2 and 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).'.
(3) In Article 5(3), the first sentence is replaced by the following:
“The Commission shall be empowered to adopt delegated acts in accordance with Article 14a in order to develop the specific procedures, tests and requirements for type-approval set out in this paragraph, as well as requirements for the implementation of paragraph 2.”.
(4) Article 8 is replaced by the following:
“Article 8
Delegated acts on access to vehicle repair and maintenance information
The Commission shall be empowered to adopt delegated acts in accordance with Article 14a in order to implement Articles 6 and 7. This shall include the definition and updating of technical specifications relating to the way in which OBD and vehicle repair and maintenance information shall be provided, with special attention being paid to the specific needs of SMEs.”.
(5) Article 14 is amended as follows:
(a) paragraphs 1, 2 and 3 are replaced by the following:
"1. Without lowering the level of environmental protection within the Union, the Commission shall be empowered to adopt delegated acts in accordance with Article 14a concerning:
(a) the replacement of the information on the mass of CO2 emissions in the certificate of conformity referred to in Article 18 of Directive 2007/46/EC with the information on total mass of CO2 emissions equivalents, which shall be the sum of the mass of CO2 emissions and methane emissions, expressed as equivalent mass of CO2 emissions with regard to their greenhouse gas effects;
(b) the increase or removal of the limit value of total hydrocarbons (THC) emissions for positive ignition vehicles.
2. After the completion of the UN/ECE Particulate Measurement Programme, conducted under the auspices of the World Forum for Harmonisation of Vehicle Regulations, and at the latest upon entry into force of Euro 6, the Commission shall be empowered to adopt delegated acts in accordance with Article 14a in order to adopt the following measures, without lowering the level of environmental protection within the Union:
(a) amendment of this Regulation for the purposes of recalibrating the particulate mass based limit values set out in Annex I, and introducing particle number based limit values in that Annex so that they correlate broadly with the petrol and diesel mass limit values;
(b) adoption of a revised measurement procedure for particulates and a particle number limit value.
3. The Commission shall keep under review the procedures, tests and requirements referred to in Article 5(3) as well as the test cycles used to measure emissions. If the review finds that those procedures, tests, requirements and test cycles are no longer adequate or no longer reflect real world emissions, the Commission shall act in accordance with Article 5(3) in order to adapt them so as to adequately reflect the emissions generated by real driving on the road.”
(b) in paragraph 4, the following subparagraph is added:
"The Commission shall be empowered to adopt delegated acts in accordance with Article 14a to set out, in addition to the existing limit value for emissions of total NOx, a limit value for emissions of NO2 for vehicles approved as complying with the Euro 6 emission limits set out in table 2 of Annex I. The limit for emissions of NO2 shall be set on the basis of an impact assessment, shall take into consideration the technical feasibility and shall reflect the air quality objectives set out in Directive (EC) No 2008/50 of the European Parliament and of the Council*.
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* Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (OJ L 152, 11.6.2008, p. 1).“;
(c) paragraph 5 is replaced by the following:
"5. The Commission shall be empowered to adopt delegated acts in accordance with Article 14a to amend and supplement table 4 of Annex I in order to set out limits for tailpipe emissions at cold temperatures for vehicles approved as complying with the Euro 6 emission limits set out in table 2 of Annex I. The limits for emissions of NOx and NO2 shall be set on the basis of an impact assessment shall take into consideration the technical feasibility and shall reflect the air quality objectives set out in Directive (EC) No 2008/50 of the European Parliament and of the Council.“.
(6) The following Article 14a is inserted:
“Article 14a
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in the second subparagraph of Article 2(2), Article 5(3), Article 8 and in Article 14(1) to (5) shall be conferred on the Commission for an indeterminate period of time from […][Publications Office, please insert the exact date of entry into force].
3. The delegation of powers referred to in the second subparagraph of Article 2(2), Article 5(3), Article 8 and in Article 14(1) to (5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5. A delegated act adopted pursuant to the second subparagraph of Article 2(2), Article 5(3), Article 8 and Article 14(1) to (5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.“.
(7) Article 15 is replaced by the following:
"Article 15 - Committee procedure
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.“.
Article 2
(1) In Article 2, the second paragraph is replaced by the following:
"This Regulation shall not apply to vehicles for which the manufacturer has chosen to apply Regulation (EC) No 715/2007 in accordance with the first subparagraph of Article 2(2) of that Regulation.".
(2) In Annex I, in the table 'Euro VI Emission Limits', the row corresponding to the entry 'WHTC (PI)' is replaced by the following:
"WHTC (PI) || 4 000 || || 160 || 500 || 460 || - || 10 || ( 3 )".
Article 3
Article 4
This Regulation shall be binding in its entirety and directly applicable in all Member States.