Considerations on 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

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(1) In order to reduce unnecessary burdens for vehicle manufacturers in case of type-approval of vehicle platforms that could potentially be covered by both light and heavy-duty vehicle legislation, the approval of certain heavy-duty vehicles in accordance with the requirements for light-duty vehicles with respect to their pollutant emissions should be possible without lowering the level of environmental protection within the Union.

(2) Although emissions of methane are not known to have a direct harmful effect on human health, methane is a strong greenhouse gas. Therefore, in line with the Communication of the Commission on the application and future development of Community legislation concerning vehicle emissions from light-duty vehicles and access to repair and maintenance information (Euro 5 and 6)[2] and with Article 14(1) of Regulation (EC) 715/2007 of the European Parliament and of the Council[3], the Commission should consider including methane emissions in the calculation of CO2 emissions.

 (3)         In order to facilitate the introduction of natural gas vehicles the current total hydrocarbons (THC) emission limit should be increased and the effect of methane emissions should be taken into account and expressed as a CO2 equivalent for regulatory and consumer information purposes.

(4) Modern diesel vehicles emit high and increasing amounts of NO2 as a share of the total NOx emissions which were not anticipated when Regulation (EC) No 715/2007 was adopted. Most air quality problems in affected urban areas appear to be related to direct NO2 emissions. Therefore, an appropriate emission limit should be introduced.

(5) The current emission limits for CO and total hydrocarbons (THC) after a cold start at low temperature have been carried over from Euro 3 requirements set out in Directive 98/69/EC of the European Parliament and of the Council[4], which appear to be outdated in the light of existing vehicle technology and air quality needs. In addition, air quality problems and results of vehicle emission measurements suggest the need to introduce an appropriate limit for NOx/NO2 emissions. Therefore, revised emission limits should be introduced pursuant to Article 14(5) of Regulation (EC) No 715/2007.

(6) The emission limit set for NH3 in Regulation (EC) No 595/2009 of the European Parliament and of the Council[5] is a requirement designed to limit the slip of ammonia from NOx after treatment technologies which use a urea reagent for the reduction of NOx. The application of the NH3 limit value should therefore only be applied to those technologies and not to positive ignition engines.

(7) In order to achieve EU air quality objectives and to ensure a continuous effort to reduce vehicle emissions, the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFUE) should be delegated to the Commission in respect of the detailed rules on the application of Regulation (EC) No 715/2007 to vehicles of categories M1, M2, N1 and N2 with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 5 000 kg, the specific procedures, tests and requirements for type approval, the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems, the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information, the replacement of the information on the mass of CO2 emissions in the certificate of conformity with information on total mass of CO2 emissions equivalents, the increase or removal of the limit value of total hydrocarbons emissions for positive ignition vehicles, the amendment of Regulation (EC) No 715/2007 for the purposes of recalibrating the particulate mass based limit values and introducing particle number based limit values that would correlate broadly with the petrol and diesel mass limit values, the adoption of a revised measurement procedure for particulates and a particle number limit value, a limit value for emissions of NO2 and limits for tailpipe emissions at cold temperatures for vehicles approved as complying with the Euro 6 emission limits. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(8) The Treaty of Lisbon introduced the possibility for the legislator to delegate power to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act. The measures which can be covered by delegations of powers, as referred to in Article 290(1) TFEU, correspond in principle to those covered by the regulatory procedure with scrutiny established by Article 5a of Council Decision 1999/468/EC[6]. It is therefore necessary to adapt to Article 290 TFEU the provisions in Regulation (EC) No 715/2007 which provide for the use of the regulatory procedure with scrutiny.

(9) The adaptation to Article 290 TFEU of the provisions in Regulation (EC) No 715/2007 which provided for the use of the regulatory procedure with scrutiny carried out by this Regulation should not affect pending procedures in which the committee has already delivered its opinion in accordance with Article 5a of Decision 1999/468/EC before the entry into force of this Regulation.

(10) In order to ensure uniform conditions for the implementation of Article 4(2) and (3) of Regulation (EU) No 715/2007, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council[7].

(11) Regulation (EC) No 715/2007 and Regulation (EC) No 595/2009 should therefore be amended accordingly.