COMMISSION DIRECTIVE of 14 July 1978 adapting to technical progress Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against pollution of the air by gases from positive ignition engines installed in motor vehicles (78/665/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), as amended by the Act of Accession, and in particular Articles 11, 12 and 13 thereof,
Having regard to Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to measures to be taken against pollution of the air by gases from positive-ignition engines of motor vehicles (2), as amended by the Act of Accession, and in particular Article 5 thereof,
Whereas the first European Community programme of action on the environment approved on 22 November 1973 provides that Directives may be amended in order to take account of the most recent scientific progress and more specifically as regards the pollution of air by gases from spark-ignition engines;
Whereas the maximum permissible limits for carbon monoxide and unburnt hydrocarbons emitted by sparkignition engines fitted to motor vehicles were laid down in Directive 70/220/EEC ; whereas these limits were initially reduced by Council Directive 74/290/EEC of 28 May 1974 (3), and permissible limits for nitrogen oxide emissions were added by Commission Directive 77/102/EEC of 30 November 1976 (4);
Whereas the requirements relating to the protection of public health and the environment require a further short term reduction in these limits ; whereas the technical advances made in engine design now enable a reduction of this type to be made without running counter to Community policy aims in other fields and in particular that of the rational use of energy;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives aimed at the Removal of Technical Barriers to Trade in the Motor-Vehicle Sector,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annexes I, II, III, V and VII to Directive 70/220/EEC, as amended by Directive 74/290/EEC and by Directive 77/102/EEC, are hereby amended in accordance with the Annex to this Directive. (1)OJ No L 42, 23.2.1970, p. 1. (2)OJ No L 76, 6.4.1970, p. 1. (3)OJ No L 159, 15.6.1974, p. 61. (4)OJ No L 32, 3.2.1977, p. 32.
Article 2
1. From 1 April 1979, the Member States shall neither, 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 of a type of motor vehicle, nor
- 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 last amended by this Directive.
2. From 1 October 1979, Member States: - shall 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 last amended by this Directive,
- may refuse national type-approval of a type of motor vehicle which emits gaseous pollutants at levels which do not meet the requirements of Directive 70/220/EEC, as last amended by this Directive.
3. From 1 October 1981, 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 last amended by this Directive.
4. Before 1 January 1979, Member States shall put into force the provisions required in order to comply with this Directive and shall forthwith inform the Commission thereof.
Article 3
This Directive is addressed to the Member States.
Done at Brussels, 14 July 1978.