COUNCIL DIRECTIVE of 16 June 1983 amending Council Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from positive-ignition engines of motor vehicles (83/351/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the first programme of action of the European Community on the protection of the environment, approved by the Council on 22 November 1973, called for account to be taken of the latest scientific advances in combating atmospheric pollution caused by gases emitted from motor vehicles, and amended the Directives already adopted to that end;
Whereas Directive 70/220/EEC (4) lays down the limit values for carbon monoxide and unburnt hydrocarbon emissions from such engines ; whereas these limit values were first reduced by Directive 74/290/EEC (5) and supplemented, in accordance with Directive 77/102/EEC (6), by limit values for permissible emissions of nitrogen oxides ; whereas the limit values for these three pollutants were further lowered by Directive 78/665/EEC (7);
Whereas advances in motor vehicle design now enable a reduction in these limit values ; whereas this appears desirable as a precaution against possible adverse effects on the environment ; whereas during the period under consideration such a reduction will not jeopardize the aims of Community policy in other fields, and in particular in that of the rational use of energy;
Whereas, in view of the increasing use of diesel engines in cars and light commercial vehicles, it is advisable to reduce not only soot emissions, which are covered by Directive 72/306/EEC (8), but also the carbon monoxide, unburnt hydrocarbon and nitrogen oxide emissions from such engines ; whereas bringing such engines within the scope of Directive 70/220/EEC involves an amendment to the operative part of the said Directive ; whereas that amendment also has an effect on the content of the technical Annexes ; whereas the Commission has proposed to the Council that in the present Directive it adopt at the same time the amendments to the technical Annexes, by way of derogation from Article 5 of Directive 70/220/EEC, (1) OJ No C 181, 19.7.1982, p. 30. (2) Opinion delivered on 10 June 1983 (not yet published in the Official Journal). (3) OJ No C 346, 31.12.1982, p. 2. (4) OJ No L 76, 6.4.1970, p. 1. (5) OJ No L 159, 15.6.1974, p. 61. (6) OJ No L 32, 3.2.1977, p. 32. (7) OJ No L 223, 14.8.1978, p. 48. (8) OJ No L 190, 20.8.1972, p. 1.
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 70/220/EEC is hereby amended as follows: 1. The title of Directive 70/220/EEC shall be replaced by the following:
"Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from engines of motor vehicles".
2. Article 1 is replaced by the following:
"Article 1
For the purposes of this Directive, "vehicle" means any vehicle with a positive-ignition engine or with a compression-ignition engine, intended for use on the road, with or without bodywork, having at least four wheels, a permissible maximum mass of at least 400 kg and a maximum design speed equal to or exceeding 50 km/h, with the exception of agricultural tractors and machinery and public works vehicles."
3. The Annexes are replaced by the Annexes to this Directive.
Article 2
1. From 1 December 1983, no Member State may, on grounds relating to air pollution by gases from an engine: - refuse to grant EEC type-approval, or to issue the documents referred to in the last indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval for a type of motor vehicle, or
- prohibit the entry into service of such vehicles, where the level of gaseous pollutants emitted from this type of motor vehicle or from such vehicles meets the requirements of Directive 70/220/EEC, as amended by this Directive.
2. From 1 October 1984, Member States: - may no longer issue the document provided for in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of motor vehicle which emits gaseous pollutants at levels which do not meet the requirements of Directive 70/220/EEC, as amended by this Directive,
- may refuse national type-approval for a type of motor vehicle which emits gaseous pollutants at levels which do not meet the requirements of Directive 70/220/EEC, as amended by this Directive.
3. From 1 October 1986, Member States may prohibit the entry into service of vehicles which emit gaseous pollutants at levels which do not meet the requirements of Directive 70/220/EEC, as amended by this Directive.
Article 3
Member States shall bring into force the necessary provisions in order to comply with this Directive not later than 30 November 1983 and shall forthwith inform the Commission thereof.
Article 4
This Directive is addressed to the Member States.
Done at Luxembourg, 16 June 1983.