Considerations on 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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(1) The fifth programme of action of the European Community on protection of the environment, which in its general approach was approved by the Council in the Resolution of the Council and the Representatives of the Governments of the Member States, meeting within the Council, of 1 February 1993(4), provides for additional efforts to be made for a considerable reduction in the present level of emissions of pollutants from motor vehicles.

(2) Directive 97/24/EC of the European Parliament and of the Council of 17 June 1997 on certain components and characteristics of two or three-wheel motor vehicles(5) is one of the separate Directives under the type-approval procedure laid down by Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two- or three-wheel motor vehicles(6).

(3) Under Article 5 of Directive 97/24/EC, the Commission is required to submit, to the European Parliament and the Council, within 24 months from the date of adoption of the Directive, a proposal prepared on the basis of research and an assessment of the costs and benefits deriving from the application of tightened-up limit values and laying down a subsequent stage during which measures will be adopted aimed at further tightening of the limit values for pollutants of the vehicles concerned. Such action is limited to motorcycles, since a subsequent stage entailing tighter limit values for mopeds, to be applied from 17 June 2002, is already provided for in Directive 97/24/EC.

(4) On the basis of the assessment of the technical feasibility and cost-effectiveness, a single set of new Type I test limits, applicable from 2003 for all motorcycles, has been identified, corresponding to a reduction of 60 % for hydrocarbons and carbon monoxide for four-stroke motorcycles, and 70 % for hydrocarbons and 30 % for carbon monoxide for two-stroke motorcycles. For four-stroke motorcycles, further reductions in nitrogen oxides were not considered feasible with the envisaged technologies. For two-stroke motorcycles, the application of advanced direct injection technology, which has the greatest reduction potential in terms of carbon monoxide and hydrocarbons, is inevitably linked to a moderate increase of the nitrogen oxides limit, relative to the present-day limit value, bringing the limit in line with four-stroke motorcycles. On the basis of the emission inventory, which confirms the marginal share of motorcycles in total road-transport emissions of nitrogen oxides, this is regarded as acceptable.

(5) In the light of the special characteristics and the use of certain categories of vehicle known as enduro and trial motorcycles and having regard to their very small contribution to overall emissions, owing to the small number of such vehicles sold each year in Europe, a temporary derogation, in respect of the entry into force of the new limits in 2003, should be granted in order to allow manufacturers to introduce the appropriate technology.

(6) Inspection and maintenance are regarded as essential to ensure that emission levels of new vehicles do not exceed in-use acceptable levels. In this respect, and in line with the provisions for passenger cars, the requirements for type II testing, and in particular the limit for carbon monoxide content of 4,5 % by volume, should be replaced by requirements to measure and record the necessary data for the purpose of roadworthiness testing.

(7) Tricycles and quadricycles are equipped either with spark ignition or compression ignition (diesel) engines; in line with emission limits for passenger cars, each category requires a separate set of limit values. In this respect the question of particulate emissions needs to be addressed in the future.

(8) The characteristics of the reference fuels used for emission testing should be aligned with those applicable to passenger cars, thereby reflecting the changes in the specifications of market fuel in accordance with Community legislation on the quality of petrol and diesel fuels.

(9) Member States should be allowed, by way of tax incentives, to expedite the placing on the market of vehicles which satisfy the requirements adopted at Community level and to promote more environmentally advanced technologies on the basis of mandatory emission values; such incentives should satisfy certain conditions intended to avoid distortions of the internal market; this Directive does not affect the Member States' right to include emissions of pollutants and other substances in the basis for calculating road traffic taxes on two- and three-wheel vehicles.

(10) In accordance with the Treaty, Member States may inter alia offer fiscal or financial incentives for the retrofitting of older two- and three-wheel motor vehicles, if they thereby meet the limit values contained in this Directive or in the earlier version of Directive 97/24/EC.

(11) A new type-approval test cycle should be introduced which will allow a more representative evaluation of the emissions performance, in test conditions that more closely resemble those encountered by vehicles in use, and which takes into account the difference in driving patterns between small and large motorcycles. Additional development work is in progress in order to support the introduction of a new test cycle in a scientifically sound manner.

(12) It is necessary to establish a further stage of mandatory emission limits with effect from 2006 comprising further substantial reductions with respect to the limit values for 2003.

(13) In order to ensure compliance with emission limit values, conformity testing of in-service two- and three-wheel motor vehicles (in-service tests) should be introduced from 1 January 2006. Specific requirements for the correct operation of emission-control devices during the normal life of two or three-wheel motor vehicles should be introduced as from 1 January 2006 for up to 30000 km.

(14) It should also be ensured that operating conditions of two- and three-wheel motor vehicles in use correspond to the settings for the test cycle and that no defeat devices or other by-pass arrangements are used.

(15) As two- and three-wheel motor vehicles produce an increasing proportion of total CO2 emissions from transport sources, CO2 emissions and/or the fuel consumption of two- and three-wheel motor vehicles should be established as soon as possible and incorporated in the Community strategy for reducing road-transport CO2 emissions.

(16) In view of the global market for motorcycles and of similar problems of air quality worldwide, it is worth striving for a harmonised test cycle. It is noted that the Commission will maintain its efforts to finalise such a harmonised test cycle with all other parties involved in other markets and conclude this as soon as possible. The worldwide motorcycle emission test cycle currently elaborated in Geneva by Working Party 29 of the United Nations Economic Commission for Europe is a good basis. It is appropriate to introduce such a new world-wide test cycle as an alternative type-approval procedure for the second stage in 2006. When it has been widely recognised and for all further reduction stages the new test cycle could become the regular basis for type-approval.

(17) The objective of the proposed action, namely the reduction of the level of pollutant emissions from two and three-wheel motor vehicles, cannot be sufficiently achieved by the Member States and can therefore by reason of the scale or effects of the action be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

(18) Directive 97/24/EC should be amended accordingly.