PURPOSE: to establish common technical requirements
for the type approval of motor vehicles (vehicles) and replacement
parts, such as replacement pollution control devices, with regard
to their emissions.
LEGISLATIVE ACT: Regulation (EC) No 715/2007 of the
European Parliament and of the Council on type approval of motor
vehicles with respect to emissions from light passenger and
commercial vehicles (Euro 5 and Euro 6) and on access to vehicle
repair and maintenance information.
CONTENT: the Council, accepting all the amendments
suggested by the European Parliament in its first reading opinion,
adopted a regulation on type approval of motor vehicles with
respect to emissions from light passenger and commercial vehicles
and on access to vehicles repair and maintenance information. The
regulation harmonises the technical requirements for the type
approval of motor vehicles with regards to emissions, while
ensuring a high level of environmental protection.
The thematic strategy on air pollution, adopted by the
Commission communication of 21 September 2005, concludes, namely,
that to achieve EU air quality objectives, further reductions in
emissions from the transport sector will be needed. The Euro 5 and
6 standards are one of the measures designed to reduce emissions of
particulate matter and ozone precursors such as nitrogen oxides and
hydrocarbons.
The regulation establishes a standardised method of
measuring fuel consumption and carbon dioxide emissions of
vehicles, which is necessary to ensure that no technical barriers
to trade arise between Member States. Furthermore, it provides for
supplying customers and users with objective and precise
information. Member States should be able, by means of financial
incentives, to accelerate the placing on the market of vehicles
which satisfy the requirements adopted at Community level as long
as such incentives comply with the provisions of the Treaty, in
particular the rules on state aid, in order to avoid distortions of
the internal market.
This Regulation shall apply to vehicles of categories
M1, M2, N1 and N2 as defined in Annex II to Directive
70/156/EEC with a reference mass not exceeding 2 610 kg. At the
manufacturer's request, type approval granted under this Regulation
may be extended from vehicles covered by paragraph 1 to M1, M2, N1
and N2 vehicles as defined in Annex II to Directive 70/156/EEC with
a reference mass not exceeding 2 840 kg and which meet the
conditions laid down in this Regulation and its implementing
measures.
With effect from the entry into force of this
Regulation (2 July 2007), if a manufacturer so requests, the
national authorities may not, on grounds relating to emissions or
fuel consumption of vehicles, refuse to grant EC type approval or
national type approval for a new type of vehicle, or prohibit the
registration, sale or entry into service of a new vehicle, where
the vehicle concerned complies with this Regulation and its
implementing measures, and in particular with the Euro 5 or Euro 6
limit values. With effect from 1 September 2009, and from 1
September 2010 in the case of category N1 class II and III and
category N2 vehicles, the national authorities shall refuse, on
grounds relating to emissions or fuel consumption, to grant EC type
approval or national type approval for new types of vehicle which
do not
comply with this Regulation and its implementing
measures, and in particular with the Annexes, with the exception of
the Euro 6 limit values set out in Annex I. For the test on
tailpipe emissions, the limit values applied to vehicles designed
to fulfil specific social needs shall be the same as for category
N1 class III vehicles.
The timetable for the application of the specific
standards are as follows:
- September 2009: Euro 5 applies to all new car
models (light commercial vehicles and special needs cars in
September 2010).
- January 2011: Euro 5 applies to all new cars (light
commercial vehicles and special needs cars in January
2012).
- September 2014: Euro 6 applies to all new car models
(light commercial vehicles and special needs cars in January
2015).
- September 2015: Euro 6 applies to all new
cars (light commercial vehicles and special needs cars in
January 2016).
Member States should be able, by means of financial
incentives, to accelerate the placing on the market of vehicles
which satisfy the requirements adopted at Community level as long
as such incentives comply with the provisions of the Treaty, in
particular the rules on state aid, in order to avoid distortions of
the internal market.
In addition, the technical measures taken by the
manufacturer must be such as to ensure that the tailpipe and
evaporative emissions are effectively limited, pursuant to this
Regulation, throughout the normal life of the vehicles under normal
conditions of use. Therefore, in-service conformity measures shall
be checked for a period of up to five years or 100 000 km,
whichever is the sooner.
Durability testing of pollution control devices
undertaken for type approval shall cover 160 000 km. To comply with
this durability test, the manufacturers should have the possibility
to make use of test bench ageing.
The specific procedures, tests and requirements for
type approval as well as implementation requirements, which
are designed to amend non-essential elements of this Regulation, by
supplementing it, shall be adopted by 2 July 2008 in accordance
with the regulatory procedure with scrutiny. This shall include
establishing the requirements relating to: (a) tailpipe emissions,
including test cycles, low ambient temperature emissions, emissions
at idling speed, smoke opacity and correct functioning and
regeneration of after treatment systems; (b) evaporative emissions
and crankcase emissions; (c) OBD systems and in-use performance of
pollution control devices; (d) durability of pollution control
devices, replacement pollution control devices, in-service
conformity, conformity of production and roadworthiness; (e)
measurement of greenhouse gas emissions and fuel consumption; (f)
hybrid vehicles and alternative fuel vehicles; (g) extension of
type approvals and requirements for small volume manufacturers; (h)
test equipment; and (i) reference fuels, such as petrol, diesel,
gaseous fuels and biofuels, such as bioethanol, biodiesel and
biogas.
As regards vehicle repair and maintenance information,
the main measures of the Regulation are the following:
- Manufacturers shall provide unrestricted and
standardised access to vehicle repair and maintenance information
to independent operators through websites using a standardised
format in a readily accessible and prompt manner, and in a manner
which is non-discriminatory compared to the provision given or
access granted to authorised dealers and repairers. With a view to
facilitating the achievement of this objective, the information
shall be submitted in a consistent manner, initially in accordance
with the technical requirements of the OASIS format. Manufacturers
shall also make training material available to independent
operators and authorised dealers and repairers;
- For the purposes of the design and manufacture of
automotive equipment for alternative fuel vehicles, manufacturers
shall provide the relevant on-going diagnostic (OBD) and vehicle
repair and maintenance information on a non-discriminatory basis to
any interested manufacturer, installer or repairer of equipment for
alternative fuel vehicles;
- The manufacturer shall make subsequent amendments
and supplements to vehicle repair and maintenance information
available on its websites at the same time they are made available
to authorised repairers;
- Manufacturers may charge reasonable and
proportionate fees for access to vehicle repair and maintenance
information covered by this Regulation; a fee is not reasonable or
proportionate if it discourages access by failing to take into
account the extent to which the independent operator uses
it.
- Manufacturers shall make available vehicle repair
and maintenance information on a daily, monthly, and yearly basis,
with fees for access to such information varying in accordance with
the respective periods of time for which access is
granted;
- Not later than 2 July 2011, the Commission shall
present to the European Parliament and to the Council a report on
the operation of the system of access to vehicle repair and
maintenance information, with particular consideration being given
to the effect on competition and the operation of the internal
market and the environmental benefits. The report shall consider
whether it would be appropriate to consolidate all provisions
governing access to vehicle repair and maintenance information
within a revised framework directive on type approval;
- Manufacturers shall demonstrate that all new
vehicles sold, registered or put into service in the Community are
type approved in accordance with this Regulation and its
implementing measures. Manufacturers shall also demonstrate that
all new replacement pollution control devices requiring type
approval which are sold or put into service in the Community are
type approved in accordance with this Regulation and its
implementing measures.
The regulation establishes a standardised method of
measuring fuel consumption and carbon dioxide emissions of
vehicles, which is necessary to ensure that no technical barriers
to trade arise between Member States. Furthermore, it provides for
supplying customers and users with objective and precise
information.
Member States should be able, by means of financial
incentives, to accelerate the placing on the market of vehicles
which satisfy the requirements adopted at Community level as long
as such incentives comply with the provisions of the Treaty, in
particular the rules on state aid, in order to avoid distortions of
the internal market.
Member States shall lay down the provisions on
penalties applicable for infringement by manufacturers of the
provisions of this Regulation and shall take all measures necessary
to ensure that they are implemented. The penalties provided for
must be effective, proportionate and dissuasive. Member States
shall notify those provisions to the Commission by 2 January 2009
and shall notify it without delay of any subsequent amendment
affecting them. The types of infringements which are subject to a
penalty shall include: a) making false declarations during the
approval procedures or procedures leading to a recall; b)
falsifying test results for type approval or in-service conformity;
c) withholding data or technical specifications which could lead to
recall or withdrawal of type approval; d) use of defeat devices;
and e) refusal to provide access to information.
ENTRY INTO FORCE: 02/07/2007. It will apply from
03/01/2009, with the exception of Articles 10(1) (type approval)
and 12 (financial incentives) which shall apply from
02/07/2007.
