Explanatory Memorandum to COM(2007)851 - Type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information - Main contents
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| dossier | COM(2007)851 - Type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to ... |
|---|---|
| source | COM(2007)851  |
| date | 21-12-2007 |
The objective of the proposal is to lay down harmonised rules on the construction of motor vehicles with a view to ensuring the functioning of the internal market while at the same time providing for a high level of environmental protection regarding atmospheric emissions.
The proper functioning of the single market in the European Union requires common standards limiting the emission of atmospheric pollutants from motor vehicles. Action at Community level prevents varying product standards emerging across Member States which results in fragmentation of the internal market and imposition of unnecessary barriers to intra-Community trade.
Member States and their citizens are concerned about the risks to human health and the environment that results from air pollution. Although air quality has improved over the past decade, there are still significant air quality problems throughout the European Union, especially in urban areas and in densely populated regions.
Euro IV emission limits for trucks and buses are applicable as from 9 November 2006 and Euro V emission limits will apply from 1 October 2008 for new type-approvals i in both cases.
With no change in the policy of reducing emission levels for heavy duty motor vehicles, there is a high risk that the functioning of the internal market would be impaired with Member States seeking to take unilateral action. Poor air quality will also remain an issue in the European Union with atmospheric pollution continuing to have a detrimental impact on human health.
The requirements for emissions from heavy duty vehicles and engines are presently governed by Directive 2005/55/EC1 as implemented by Directive 2005/78/EC i.
The proposal has been developed in the context of the 'Clean Air For Europe' (CAFE) programme that provided the technical basis for the preparation of the Thematic Strategy on Air Pollution i. CAFE assessed levels of emissions, current and future air quality and the costs and benefits of further measures to improve air quality. On this basis, the Commission has identified measures which are required in order to attain the necessary air quality levels. Euro VI is one among several such measures that are important to reduce emissions of ozone precursors (such as nitrogen oxides-NOX and hydrocarbons-HC) and particulate matter.
Moreover, the proposal is fully in line with the aims of the European Union's Sustainable Development Strategy and contributes significantly to the objectives of the Lisbon strategy.
Collection and use of expertise
Scientific/expertise domains concerned
The proposal required analysis of vehicle technologies to be used to reduce emissions and the associated costs of achieving the various scenarios for Euro VI emission limit values.
In the year 2004, the Commission services sent out a questionnaire to stakeholders on new Euro VI emission limits for heavy duty vehicles. The questionnaire developed a number of scenarios for new limit values and sought data on the technology that would be required to meet those values and the associated costs. An expert panel of independent consultants was engaged to review responses to the questionnaire. The aim was to assess and validate the stakeholder responses and reach a common position on the technology required and cost for each scenario. This information was used to model the impacts of a number of the emission limit scenarios.
Data were collected from a range of stakeholders in the automotive area and collated by a group of consultants led by TNO in The Netherlands.
The panel of consultants summarised the cost data provided by stakeholders. The Commission used the panel’s report as an input to the analysis of the various emission limit value scenarios. The preferred limit values have been selected on the basis of their technical feasibility and cost-effectiveness.
The report of the expert panel is available on the DG Enterprise and Industry web site i.
An Impact Assessment is currently under development, in which five policy options are being considered:
No policy change approach : the emission limit values of Euro V (Directive 2005/55/EC as amended) remain in force for heavy duty vehicles.
With no change in the policy of reducing emission levels for motor vehicles, there is a high risk that the functioning of the internal market would be impaired. It is likely that in the absence of stricter emission standards at European level, Member States would start legislating themselves or would start using other measures, such as bans on certain types of vehicle entering cities or creation of low emission zones.
Poor air quality will remain an issue in the European Union as atmospheric pollution will continue to have a detrimental impact on human health. The CAFE Programme showed that despite the improvements in pollutant emissions, health impacts from air pollution across the EU are still projected to be considerable in 2020.
Therefore, this policy option is not considered to be viable.
Regulatory approach at the European level: revising the existing Euro V legislation through setting new Euro VI emission limit values at European Union level.
In comparison with the no policy change scenario, the regulatory option will have the clear benefits of ensuring the proper functioning of the internal market and improving air quality. This will improve public health and, thus, will reduce healthcare costs.
The indirect impacts of the regulatory option might be positive in terms of the international competitiveness of EU industry, especially in markets with strict environmental regulation in force.
Within this approach, the possibility of applying the Euro VI stage in one single step or in two steps has been considered but according to the vast majority support expressed in the replies to the public consultation, it has been decided to introduce the Euro VI stage in one single step.
Thus, the option of regulatory approach is pursued in the proposal.
Regulation in Member States : Member States develop their own emissions standards and/or impose other policy measures (e.g. temporary driving restrictions on vehicles not complying with more ambitious standards)
This approach would have detrimental effects on the functioning of the internal market, for example regarding the market of commercial vehicles, but also in the free movement of goods transported by these vehicles. Therefore this approach has been rejected.
Fiscal incentives by Member States: Member States introduce on a voluntary basis fiscal incentives for vehicles that fulfil stricter emission limit values than Euro V.
The sustainability of such measures can be questioned on the long term. Therefore, this policy could lead to considerable uncertainty for manufacturers as to the demand for cleaner vehicles.
In addition, different types of incentive regimes in neighbouring countries could result in unpredictable cross border effects, both in terms of vehicle purchasing patterns and air pollution impacts. The continued existence of the single market for vehicles could therefore be put at risk.
Thus, this option does not ensure that the policy objectives are attained and could even have a negative impact on the functioning of the internal market through reducing the certainty as to the demand for specific types of vehicles.
Therefore, this is not the approach to be followed.
Non-regulatory approach: self-regulation through negotiated commitments with the automotive industry to reduce the emissions from new vehicles.
It is not clear that a self commitment provides an adequate guarantee that a specific emission level will be reached or that there will be appropriate sanctions available if the self-commitment were to be breached. In addition, it is not apparent that the use of a voluntary approach would offer any additional benefits to the industry, governments or the general public.
The Euro series of emissions regulations are widely used in many emerging markets. Therefore, developments in the regulatory system for emissions established in the EU have important implications around the world. A move away from a regulatory approach to a voluntary approach would therefore be disruptive to the process of global harmonisation.
The option of non-regulatory approach will therefore not be considered further.
3)
Contents
- LEGAL ELEMENTS OF THE PROPOSAL
- BUDGETARY IMPLICATION
- Grounds for and objectives of the proposal
- General context
- Existing provisions in the area of the proposal
- Consistency with the other policies and objectives of the Union
- 2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT
- Methodology used
- Main organisations/experts consulted
- Summary of advice received and used
- Means used to make the expert advice publicly available
- Impact assessment
- Summary of the proposed action
- 3. World-Wide Harmonised on-board diagnostic (WWH-OBD) systems
- Legal basis
- Subsidiarity principle
- Proportionality principle
- Choice of instruments
- 5) ADDITIONAL INFORMATION
- Simplification
- Repeal of existing legislation
- European Economic Area
The main aspect of this Regulation is that it requires a further tightening of vehicle emission limits for particulate matter (PM) and nitrogen oxides (NOX).
A reduction of 66% in the mass of particulate emissions from compression-ignition engined vehicles will be required. While this lower emission limit does not prescribe a particular technology, it will de facto require the introduction of diesel particulate filters (DPFs).
The emission limit selected for particulates can be met by open or closed filters. Close filters have the benefit of reducing the ultra fine particles that are considered most harmful to health. To prevent the possibility that in the future open filters are developed that meet the new particulate mass limit but enable a high number of ultra fine particles to pass, it is planned to introduce at a later stage a new standard limiting the number of particles that can be emitted. At the moment, it is not appropriate to define a number standard as research is being conducted at the UN/ECE under the Particulate Measurement Programme (PMP). The UN/ECE working party is still examining this issue. Once the results of the PMP programme are available, a number standard should be implemented.
For compression-ignition engined vehicles, a reduction of 80% in NOx is planned. To comply with this emission limit, internal engine measures (e.g. Exhaust Gas Recirculation - EGR) and after-treatment devices (e.g. Selective Catalytic Reduction - SCR) will be needed at the current state of the art. The proposal also includes reductions in emissions from positive-ignition engines.
The proposal includes a requirement that vehicle on-board diagnostic (OBD) information and vehicle repair and maintenance information be made available through websites in the standardised format developed by a technical committee of stakeholders (the so-called OASIS format).
Introduction of World-Wide Harmonised requirements is an important element in order to reduce the testing costs of the automotive industry and will favour the competitiveness of the European engine and vehicle manufacturers. In this context, this proposal is introducing requirements, developed in the framework of the UN-ECE WP.29 – World Forum for Harmonisation of Vehicle Regulations – relating to:
1. Use of world-wide harmonised steady state (WHSC) and transient (WHTC) driving cycles for the evaluation of pollutant emissions.
2. Emissions testing and measurement methodology.
The proposal is also introducing requirements for the type-approval of exhaust after-treatment components such as catalysts and diesel particulate filters (DPFs).
The legal basis of the proposal is Article 95 of the Treaty.
The subsidiarity principle applies insofar as the proposal does not fall under the exclusive competence of the Community.
The objectives of the proposal cannot be sufficiently achieved by actions of Member States, because of the need to avoid the emergence of barriers to the single market and because of the trans-boundary implications of air pollution.
Atmospheric modelling shows that the pollution emitted in one Member State contributes to measured pollution in other Member States so, in order to solve the problem of air pollution, concerted action at the EU scale is required
Community action will better achieve the objectives of the proposal because it will avoid fragmentation of the internal market which would otherwise arise. By setting uniform standards for the level of pollutant emissions from motor vehicles, the proposal ensures better air quality in the European Union and addresses the problem of trans-boundary air pollution.
The proposal therefore complies with the subsidiarity principle.
The proposal complies with the proportionality principle because it does not go beyond what is necessary in order to achieve the objectives of ensuring the proper functioning of the internal market while at the same time providing for a high level of environmental protection.
The cost-benefit analysis that is being carried out in the framework of the impact assessment of the proposal demonstrates that the selected emission limit values provide benefits for the society as a whole.
The proposed instrument is a Regulation. Other means would not be adequate for the following reason:
- The use of a Regulation is considered to be appropriate in providing the required assurance for compliance whilst not requiring the transposition into Member States legislation.
The proposal uses the 'split-level approach' that has been used in other pieces of legislation, e.g. in the case of the previous Directive for heavy duty vehicle emissions i. This approach foresees that the proposal and adoption of legislation will be made according to two different, but parallel, routes:
- first, the main provisions will be laid down by the European Parliament and the Council in a Regulation based on Article 95 of the EC Treaty through the co-decision procedure (the co-decision proposal);
- secondly, the technical specifications implementing the main provisions will be laid down in a Regulation adopted by the Commission with the assistance of a regulatory committee (the comitology proposal).
4)
The proposal has no implications for the Community budget.
Simulation, pilot phase and transitory period
There are general transitory periods in the proposal in order to allow sufficient lead times for vehicle manufacturers.
The proposal provides for simplification of legislation.
The Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions having the title “updating and simplifying the Community acquis”[6] identifies, as a priority area for simplification of Community legislation, the type-approval system for motor vehicles. Directives 2005/55/EC, 2005/78/EC and 2006/51/EC will be repealed. In addition, Directive 80/1269/EEC i, and its amendments, relating to the engine power of motor vehicles will also be repealed and its technical requirements will be included in this proposal.
The proposal provides for simplification of administrative procedures for public authorities (EU or national). The proposal is included in the Commission's rolling programme for up-date and simplification of the acquis communautaire and its Legislative Work Programme under the reference 2007/ENTR/009.
The adoption of the proposal will lead to the repeal of existing legislation. This is detailed in Article 15 of the proposal.
The proposed act concerns an EEA matter and should therefore extend to the European Economic Area.