Фрагмент документа "РЕГЛАМЕНТ (ЕС) N 715/2007 ЕВРОПЕЙСКОГО ПАРЛАМЕНТА И СОВЕТА О ТИПОВОМ УТВЕРЖДЕНИИ ТРАНСПОРТНЫХ СРЕДСТВ В ОТНОШЕНИИ ВЫБРОСОВ ЛЕГКОВЫХ ПАССАЖИРСКИХ И КОММЕРЧЕСКИХ АВТОМОБИЛЕЙ (ЕВРО 5 И ЕВРО 6), ДОПУСКЕ ОТРЕМОНТИРОВАННЫХ ТРАНСПОРТНЫХ СРЕДСТВ И ПОЛУЧЕНИИ И".
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
(TEXT WITH EEA RELEVANCE)
(Strasbourg, 20.VI.2007)
The European Parliament and the Council of the European Union,
Having regard to the Treaty establishing the European Community,
and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social
Committee <*>,
--------------------------------
<*> OJ C 318, 23.12.2006, p. 62.
Acting in accordance with the procedure laid down in Article 251
of the Treaty <*>,
--------------------------------
<*> Opinion of the European Parliament of 13 December 2006 (not
yet published in the Official Journal) and Council Decision of 30 May
2007.
Whereas:
(1) The internal market comprises an area without internal
frontiers in which the free movement of goods, persons, services and
capital must be ensured. To that end a comprehensive Community type
approval system for motor vehicles, established by 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 <*>, is in place. The technical requirements for the
type approval of motor vehicles with regard to emissions should
therefore be harmonised to avoid requirements that differ from one
Member State to another, and to ensure a high level of environmental
protection.
--------------------------------
<*> OJ L 42, 23.2.1970, p. 1. Directive as last amended by
Directive 2006/96/EC (OJ L 363, 20.12.2006, p. 81).
(2) This Regulation is one of a number of separate regulatory
acts in the context of the Community type approval procedure under
Directive 70/156/EEC. Therefore, that Directive should be amended
accordingly.
(3) At the request of the European Parliament a new regulatory
approach has been introduced in EU vehicle legislation. Thus, this
Regulation lays down fundamental provisions on vehicle emissions,
whereas the technical specifications will be laid down by implementing
measures adopted following comitology procedures.
(4) In March 2001 the Commission launched the Clean Air For
Europe (CAFE) programme, the major elements of which are outlined in a
communication of 4 May 2005. This has led to the adoption of a
thematic strategy on air pollution by a communication of 21 September
2005. One of the conclusions of the thematic strategy is that further
reductions in emissions from the transport sector (air, maritime and
land transport), from households and from the energy, agricultural and
industrial sectors are needed to achieve EU air quality objectives. In
this context, the task of reducing vehicle emissions should be
approached as part of an overall strategy. 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.
(5) Achieving EU air quality objectives requires a continuing
effort to reduce vehicle emissions. For that reason, industry should
be provided with clear information on future emission limit values.
This is why this Regulation includes, in addition to Euro 5, the Euro
6 stage of emission limit values.
(6) In particular, a considerable reduction in nitrogen oxide
emissions from diesel vehicles is necessary to improve air quality and
comply with limit values for pollution. This requires reaching
ambitious limit values at the Euro 6 stage without being obliged to
forego the advantages of diesel engines in terms of fuel consumption
and hydrocarbon and carbon monoxide emissions. Setting such a step for
reducing nitrogen oxide emissions at an early stage will provide
long-term, Europe-wide planning security for vehicle manufacturers.
(7) In setting emissions standards it is important to take into
account the implications for markets and manufacturers`
competitiveness, the direct and indirect costs imposed on business and
the benefits that accrue in terms of stimulating innovation, improving
air quality, reducing health costs and increasing life expectancy, as
well as the implications for the overall impact on carbon dioxide
emissions.
(8) Unrestricted access to vehicle repair information, via a
standardised format which can be used to retrieve the technical
information, and effective competition on the market for vehicle
repair and maintenance information services are necessary to improve
the functioning of the internal market, particularly as regards the
free movement of goods, freedom of establishment and freedom to
provide services. A great proportion of such information is related to
on-board diagnostic (OBD) systems and their interaction with other
vehicle systems. It is appropriate to lay down technical
specifications that manufacturers` websites should follow, along with
targeted measures to ensure reasonable access for small and
medium-sized enterprises (SMEs). Common standards agreed with the
involvement of stakeholders, such as the OASIS <*> format, can
facilitate the exchange of information between manufacturers and
service providers. It is therefore appropriate to initially require
the use of the technical specifications of the OASIS format and to ask
the Commission to request CEN/ISO to further develop this format into
a standard with a view to replacing the OASIS format in due course.
--------------------------------
<*> Organisation for the Advancement of Structured Information
Standards.
(9) Not later than four years after the date of entry into force
of this Regulation, the Commission should review the operation of the
system of access to all vehicle repair and maintenance information
with a view to determining 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. If the provisions governing access to all vehicle
information are incorporated into that Directive, the corresponding
provisions in this Regulation should be repealed, as long as the
existing rights for access to repair and maintenance information are
preserved.
(10) The Commission should keep under review emissions which are
as yet unregulated and which arise as a consequence of the wider use
of new fuel formulations, engine technologies and emission control
systems and, where necessary, submit a proposal to the European
Parliament and to the Council with a view to regulating such
emissions.
(11) In order to facilitate the introduction and to maintain the
existence of alternative fuel vehicles, which can have low nitrogen
oxide and particulate emissions, and at the same time to encourage
reduced emissions from petrol-powered vehicles, this Regulation
introduces separate limit values for total hydrocarbons and total
non-methane hydrocarbons.
(12) Efforts should be continued to implement stricter emission
limits, including reduction of carbon dioxide emissions, and to ensure
that those limits relate to the actual performance of vehicles when in
use.
(13) In order to ensure that emissions of ultra fine particulate
matter (PM 0,1 mu m and below) are controlled, the Commission should
adopt as soon as possible, and introduce at the latest upon entry into
force of the Euro 6 stage, a number based approach to emissions of PM
in addition to the mass based approach which is currently used. The
number based approach to emissions of PM should draw on the results of
the UN/ECE`s Particulate Measurement Programme (PMP) and be consistent
with the existing ambitious objectives for the environment.
(14) To provide greater repeatability in measuring the mass and
number of particulate emissions in the laboratory, the Commission
should adopt a new measurement procedure replacing the current one.
This should be introduced as soon as possible and at the latest upon
entry into force of the Euro 6 stage. It should be based on the
results of the PMP. When the new measurement procedure is implemented,
the PM mass emission limits set out in this Regulation should be
recalibrated, as the new procedure records a lower level of mass than
the current one.
(15) The Commission should keep under review the need to revise
the New European Drive Cycle as the test procedure that provides the
basis of EC type approval emissions regulations. Updating or
replacement of the test cycles may be required to reflect changes in
vehicle specification and driver behaviour. Revisions may be necessary
to ensure that real world emissions correspond to those measured at
type approval. The use of portable emission measurement systems and
the introduction of the "not-to-exceed" regulatory concept should also
be considered.
(16) OBD systems are important in the control of emissions during
the use of a vehicle. Due to the importance of controlling real world
emissions, the Commission should keep under review the requirements
for such systems and the tolerance thresholds for monitoring faults.
(17) A standardised method of measuring fuel consumption and
carbon dioxide emissions of vehicles is necessary to ensure that no
technical barriers to trade arise between Member States. Furthermore,
it is also necessary to ensure that customers and users are supplied
with objective and precise information.
(18) Before drawing up a proposal for future emission standards,
the Commission should set up studies designed to determine whether the
continued subdivision of vehicle categories into groups is still
necessary and whether mass neutral emission limits can be applied.
(19) 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. However, such
incentives should comply with the provisions of the Treaty, in
particular the rules on state aid. This is in order to avoid
distortions of the internal market. This Regulation should not affect
the Member States` right to include emissions in the basis for
calculating taxes levied on vehicles.
(20) Given that the legislation on vehicle emissions and fuel
consumption has developed over more than 35 years and is now spread
over more than 24 Directives, it is advisable to replace those
Directives by a new regulation and a number of implementing measures.
A regulation will ensure that the detailed technical provisions are
directly applicable to manufacturers, approval authorities and
technical services and that they can be updated in a much faster and
more efficient way. Directives 70/220/EEC <1>, 72/306/EEC <2>,
74/290/EEC <3>, 80/1268/EEC <4>, 83/351/EEC <5>, 88/76/EEC <6>,
88/436/EEC <7>, 89/458/EEC <8>, 91/441/EEC <9>, 93/59/EEC <10>,
94/12/EC <11>, 96/69/EC <12>, 98/69/EC <13>, 2001/1/EC <14>,
2001/100/EC <15> and 2004/3/EC <16> should therefore be repealed. In
addition, the Member States should also repeal the transposing
legislation of the repealed Directives.
--------------------------------
<1> Council Directive 70/220/EEC of 20 March 1970 on the
approximation of the laws of the Member States on measures to be taken
against air pollution by emissions from motor vehicles (OJ L 76,
06.04.1970, p. 1). Directive as last amended by Commission Directive
2003/76/EC (OJ L 206, 15.08.2003, p. 29).
<2> Council Directive 72/306/EEC of 2 August 1972 on the
approximation of the laws of the Member States relating to the
measures to be taken against the emission of pollutants from diesel
engines for use in vehicles (OJ L 190, 20.08.1972, p. 1). Directive as
last amended by Commission Directive 2005/21/EC (OJ L 61, 08.03.2005,
p. 25).
<3> Council Directive 74/290/EEC of 28 May 1974 adapting to
technical progress Council Directive No 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 (OJ L 159, 15.06.1974, p. 61). Directive as amended
by Directive 2006/101/EC (OJ L 363, 20.12.2006, p. 238).
<4> Council Directive 80/1268/EEC of 16 December 1980 relating to
the carbon dioxide emissions and the fuel consumption of motor
vehicles (OJ L 375, 31.12.1980, p. 36). Directive as last amended by
Directive 2004/3/EC of the European Parliament and of the Council (OJ
L 49, 19.02.2004, p. 36).
<5> Council Directive 83/351/EEC of 16 June 1983 amending
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 (OJ L 197,
20.07.1983, p. 1).
<6> Council Directive 88/76/EEC of 3 December 1987 amending
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 the engines of motor vehicles (OJ L 36, 09.02.1988, p. 1).
<7> Council Directive 88/436/EEC of 16 June 1988 amending
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 (Restriction of particulate pollutant
emissions from diesel engines) (OJ L 214, 06.08.1988, p. 1).
<8> Council Directive 89/458/EEC of 18 July 1989 amending with
regard to European emission standards for cars below 1,4 litres
Directive 70/220/EEC on the approximation of the laws of the Member
States relating to measures to be taken against air pollution by
emissions from motor vehicles (OJ L 226, 03.08.1989, p. 1).
<9> Council Directive 91/441/EEC of 26 June 1991 amending
Directive 70/220/EEC on the approximation of the laws of the Member
States relating to measures to be taken against air pollution by
emissions from motor vehicles (OJ L 242, 30.08.1991, p. 1).
<10> Council Directive 93/59/EEC of 28 June 1993 amending
Directive 70/220/EEC on the approximation of the laws of the Member
States relating to measures to be taken against air pollution by
emissions from motor vehicles (OJ L 186, 28.07.1993, p. 21).
<11> Directive 94/12/EC of the European Parliament and the
Council of 23 March 1994 relating to measures to be taken against air
pollution by emissions from motor vehicles (OJ L 100, 19.04.1994, p.
42).
<12> Directive 96/69/EC of the European Parliament and of the
Council of 8 October 1996 amending Directive 70/220/EEC on the
approximation of the laws of the Member States relating to measures to
be taken against air pollution by emissions from motor vehicles (OJ L
282, 01.11.1996, p. 64).
<13> Directive 98/69/EC of the European Parliament and of the
Council of 13 October 1998 relating to measures to be taken against
air pollution by emissions from motor vehicles (OJ L 350, 28.12.1998,
p. 1).
<14> Directive 2001/1/EC of the European Parliament and of the
Council of 22 January 2001 amending Council Directive 70/220/EEC
concerning measures to be taken against air pollution by emissions
from motor vehicles (OJ L 35, 06.02.2001, p. 34).
<15> Directive 2001/100/EC of the European Parliament and of the
Council of 7 December 2001 amending Council Directive 70/220/EEC on
the approximation of the laws of the Member States on measures to be
taken against air pollution by emissions from motor vehicles (OJ L 16,
18.01.2002, p. 32).
<16> Directive 2004/3/EC of the European Parliament and of the
Council of 11 February 2004 amending Council Directives 70/156/EEC and
80/1268/EEC as regards the measurement of carbon dioxide emissions and
fuel consumption of N vehicles (OJ L 49, 19.02.2004, p. 36).
1
(21) In order to clarify the scope of legislation on vehicle
emissions, Directive 2005/55/EC of the European Parliament and of the
Council of 28 September 2005 on the approximation of the laws of the
Member States relating to the measures to be taken against the
emission of gaseous and paniculate pollutants from
compression-ignition engines for use in vehicles, and the emission of
gaseous pollutants from positive-ignition engines fuelled with natural
gas or liquefied petroleum gas for use in vehicles <*> should be
amended in such a way as to cover all heavy-duty vehicles so as to
make clear that this Regulation concerns light-duty vehicles.
--------------------------------
<*> OJ L 275, 20.10.2005, p. 1. Directive as last amended by
Commission Directive 2006/51/EC (OJ L 152, 07.06.2006, p. 11).
(22) To ensure a smooth transition from the existing Directives
to this Regulation, the applicability of this Regulation should be
deferred by a certain period after its entry into force. However,
during that period manufacturers should be able to choose to have
vehicles approved under either the existing Directives or this
Regulation. Moreover, the provisions on financial incentives should be
applicable immediately after the entry into force of this Regulation.
The validity of type approvals granted under the existing Directives
is not to be affected by the entry into force of this Regulation.
(23) To ensure a smooth transition from the existing Directives
to this Regulation, certain exceptions for vehicles designed to fulfil
specific social needs should be foreseen in the Euro 5 stage. These
exceptions should cease with the entry into force of the Euro 6 stage.
(24) The measures necessary for the implementation of this
Regulation should be adopted in accordance with Council Decision
1999/468/EC of 28 June 1999 laying down the procedures for the
exercise of implementing powers conferred on the Commission <*>.
--------------------------------
<*> OJ L 184, 17.07.1999, p. 23. Decision as amended by Decision
2006/512/EC (OJ L 200, 22.07.2006, p. 11).
(25) In particular, power should be conferred on the Commission
to introduce particle number based limit values in Annex I, as well as
to recalibrate the paniculate mass based limit values set out in that
Annex. Since those measures are of general scope and are designed to
amend non-essential elements of this Regulation, they should be
adopted in accordance with the regulatory procedure with scrutiny
provided for in Article 5a of Decision 1999/468/EC.
(26) Power should also be conferred on the Commission to
establish specific procedures, tests and requirements for type
approval, as well as a revised measurement procedure for particulates
and a particle number based limit value, and to adopt measures
concerning the use of defeat devices, access to vehicle repair and
maintenance information and test cycles used to measure emissions.
Since those measures are of general scope and are designed to
supplement this Regulation by the addition of new non-essential
elements, they should be adopted in accordance with the regulatory
procedure with scrutiny provided for in Article 5a of Decision
1999/468/EC.
(27) Since the objectives of this Regulation, namely the
realisation of the internal market through the introduction of common
technical requirements concerning emissions from motor vehicles and
guaranteed access to vehicle repair and maintenance information for
independent operators on the same basis as for authorised dealers and
repairers, cannot be sufficiently achieved by the Member States and
can therefore 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 Regulation does
not go beyond what is necessary in order to achieve those objectives,
Have adopted this Regulation:
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Фрагмент документа "РЕГЛАМЕНТ (ЕС) N 715/2007 ЕВРОПЕЙСКОГО ПАРЛАМЕНТА И СОВЕТА О ТИПОВОМ УТВЕРЖДЕНИИ ТРАНСПОРТНЫХ СРЕДСТВ В ОТНОШЕНИИ ВЫБРОСОВ ЛЕГКОВЫХ ПАССАЖИРСКИХ И КОММЕРЧЕСКИХ АВТОМОБИЛЕЙ (ЕВРО 5 И ЕВРО 6), ДОПУСКЕ ОТРЕМОНТИРОВАННЫХ ТРАНСПОРТНЫХ СРЕДСТВ И ПОЛУЧЕНИИ И".