COMMISSION DIRECTIVE 97/20/EC of 18 April 1997

adapting to technical progress Council Directive
72/306/EEC

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 (Text with EEA relevance)

 

 

 

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

 

Having regard to the Treaty establishing the European
Community,

 

Having regard to 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 (1), as last amended by
Commission

Directive 89/491/EEC (2), and in particular Article 4
thereof,

 

Whereas Directive 72/306/EEC is one of the separate
directives in

the EC type-approval procedure established by Council
Directive

70/156/EEC of 6 February 1970 on the approximation of the
laws of

Member States relating to the type-approval of motor
vehicles and

their trailers (3), as last amended by Directive 96/79/EC
of the

European Parliament and of the Council (4); whereas,
consequently, the

provisions laid down in Directive 70/156/EEC relating to
vehicle

systems, components and separate technical units apply to
Directive

72/306/EEC;

 

Whereas, in particular, pursuant to Articles 3 (4) and 4
(3) of

Directive 70/156/EEC, it is necessary that each separate
directive has

attached to it an information document incorporating the
relevant

items of Annex I to Directive 70/156/EEC and also a
type-approval

certificate based on Annex VI to Directive 70/156/EEC in
order that

type-approval may be computerized;

 

Whereas these amendments relate only to the
administrative

provisions contained in Directive 72/306/EEC, whereas it
is not

necessary therefore to invalidate existing approvals
pursuant to

Directive 72/306/EEC nor to prevent the registration,
sale and entry

into service of new vehicles covered by such approvals;

 

Whereas the measures provided for in this Directive are
in

accordance with the opinion of the Commitee for
Adaptation to

Technical Progress established by Directive 70/156/EEC,

 

HAS ADOPTED THIS DIRECTIVE:

 

                              Article 1

 

Directive 72/306/EEC is hereby amended as follows:

 

1. Article 1 is replaced by the following:

 

                              'Article 1

 

For the purposes of this Directive "vehicle"
means any vehicle with

a diesel engine, intended for use on the road, with or
without

bodywork, having at least four wheels and a maximum
design speed

exceeding 25 km/h, with the exception of vehicles which
run on rails

and of agricultural and forestry tractors and of all
mobile

machinery.`;

 

2. in Article 2,'Annexes I, II, III, IV and VI` are
replaced by'the

   requirements of
the relevant Annexes to this Directive`;

 

3. in Article 3,'item 2.2` is replaced by'item 1.1`;

 

4. the Annexes are amended in accordance with the Annex
to this

   Directive.

 

                              Article 2

 

With effect from 1 October 1997, Member States:

 

- shall no longer grant EC type-approval pursuant to
Article 4 (1)

  of Directive
70/156/EEC, and

 

- may refuse national type-approval,

 

for a new type of vehicle on grounds relating to the
emission of

pollutants from diesel engines if it fails to comply with
the

provisions of Directive 72/306/EEC, as amended by this
Directive.

 

This Directive shall not invalidate any approval
previously granted

pursuant to Directive 72/306/EEC nor prevent extensions
of such

approvals under the terms of the Directive under which
they were

originally granted.

 

                              Article 3

 

1. Member States shall bring into force the laws,
regulations and

   administrative
provisions necessary to comply with this Directive by

   30 September
1997. They shall forthwith inform the Commission thereof.

 

When Member States adopt these provisions, these shall
contain a

reference to this Directive or shall be accompanied by
such reference

at the time of their official publication. The procedure
for such

reference shall be adopted by Member States.

 

2. Member States shall communicate to the Commission the
texts of

   the main
provisions of national law which they adopt in the field

   covered by this
Directive.

 

                              Article 4

 

This Directive shall enter into force on the 20th day
following its

publication in the Official Journal of the European
Communities.

 

                              Article 5

 

This Directive is addressed to the Member States.

 

Done at Brussels, 18 April 1997.

 

For the Commission

 

Martin BANGEMANN

 

Member of the Commission

 

(1) OJ No L 190, 20. 8. 1972, p. 1.

 

(2) OJ No L 238, 15. 8. 1989, p. 43.

 

(3) OJ No L 42, 23. 2. 1970, p. 1.

 

(4) OJ No L 18, 21. 1. 1997, p. 7.

 

                                ANNEX

 

AMENDMENTS TO THE ANNEXES TO DIRECTIVE 72/306/EEC

 

1. A list of Annexes is inserted between the Articles and
Annex I to

   read as
follows:

 

'LIST OF ANNEXES

 

 Annex I:
Definitions, application for EC type-approval, granting of

EC type-approval, symbol of the corrected absorption
coefficient,

specifications and tests, modifications of the type,
conformity of

production

 

Appendix 1: Information document

 

Appendix 2: Type-approval certificate

 

     Annex II:
Example of the symbol of the corrected absorption

coefficient

 

      Annex III:
Test at steady speeds over the full-load curve

 

               
Annex IV: Test under free acceleration

 

         Annex V:
Technical characteristics of reference fuel

 

    Annex VI:
Limit values applicable in the test at steady speeds

 

              Annex VII: Characteristics of
opacimeters

 

         Annex
VIII: Installation and use of the opacimeter.`

 

                               ANNEX 1

 

2. The index letter'a` in the headline and the pertaining
footnote

   are deleted.

 

3. The title reads as follows:

 

'DEFINITIONS, APPLICATION FOR EC TYPE-APPROVAL, GRANTING
OF EC

TYPE-APPROVAL, SYMBOL OF THE CORRECTED ABSORPTION
COEFFICIENT,

SPECIFICATIONS AND TESTS, MODIFICATIONS OF THE TYPE,
CONFORMITY OF

PRODUCTION`.

 

4. Item 2 becomes item 1.

 

5. Items 2.2 to 2.5 become items 1.1 to 1.4.

 

6. In item 1.1 (former item 2.2):

 

               
'Annex II` is replaced by'Appendix 1`.

 

7. Item 3 becomes item 2.

 

8. Item 3.1 becomes item 2.1 and reads as follows:

 

'2.1. The application for EC type-approval pursuant to
Article 3 (4)

of Directive 70/156/EEC of a vehicle type with regard to
its emission

of pollutants from diesel engines shall be submitted by
the

manufacturer.`

 

9. Item 3.2 becomes item 2.2 and reads as follows:

 

'2.2. A model for the information document is given in
Appendix 1.`

 

10. Items 3.2.1 and 3.2.2 are deleted.

 

11. In item 3.3:

 

- item 3.3 becomes item 2.3.

 

-'Annex II to the Regulation` is replaced by'Appendix 1`.

 

12. Item 3a becomes item 3 and reads as follows:

 

'3. GRANTING OF EC TYPE-APPROVAL

 

3.1. If the relevant requirements are satisfied, EC
type-approval

pursuant to Article 4 (3) and, if applicable, Article 4
(4) of

Directive 70/156/EEC shall be granted.

 

3.2. A model for the EC type-approval certificate is
given in

Appendix 2.

 

3.3. An approval number in accordance with Annex VII to
Directive

70/156/EEC shall be assigned to each type of vehicle
approved. The

same Member State shall not assign the same number to
another type of

vehicle.`

 

13. Items 4.4 to 4.6 becomes items 4.1 to 4.3.

 

14. In item 4.1 (former item 4.4):

 

     'Annex to the
type-approval certificate shown in Annex X` is

replaced by'Addendum to the type-approval certificate
shown in

Appendix 2`.

 

15. In item 4.3 (former item 4.6):

 

                
'Annex IX` is replaced by'Annex II`.

 

16. Item 6 reads as follows:

 

'6. MODIFICATIONS OF THE TYPE AND AMENDMENTS TO APPROVALS

 

6.1. In the case of modifications of the type approved
pursuant to

this Directive, the provisions of Article 5 of Directive
70/156/EEC

shall apply.`

 

17. Item 7.1 reads as follows:

 

'7.1. Measures to ensure the conformity of production
shall be taken

in accordance with the provisions laid down in Article 10
of Directive

70/156/EEC.`

 

18. Item 7.3 becomes item 7.2 and reads as follows:

 

'7.2. In particular, conformity of the vehicle with the
approved

type as regards the emission of pollutants from diesel
engines shall

be verified on the basis of the results listed in the Addendum
to the

type-approval certificate shown in Appendix 2. In
addition:`

 

19. Items 7.3.1, 7.3.1.1 and 7.3.1.2 become items 7.2.1,
7.2.1.1 and

    7.2.1.2.

 

20. Item 7.2.1.2 (former item 7.3.1.2):

 

- in the English version:'7.3.1` is replaced by'7.2.1.1`

 

- in the other versions:'7.3.1.1` is replaced by'7.2.1.1`

 

21. Items 8 and 9 are deleted.

 

22. The following Appendices 1 and 2 are added to read:

 

'Appendix 1

 

INFORMATION DOCUMENT NO... pursuant to Annex I to Council
Directive

70/156/EEC (*) relating to EC type-approval of a vehicle
with respect

to the measures to be taken against the emission of
pollutants from

diesel engines

 

(Directive 72/306/EEC, as last amended by
Directive.../.../EC)

 

The following information, if applicable, must be
supplied in

triplicate and include a list of contents. Any drawings
must be

supplied in appropriate scale and in sufficient detail on
size A4 or

on a folder of A4 format. Photographs, if any, must show
sufficient

detail.

 

If the systems, components or separate technical units
have

electronic controls, information concerning their
performance must be

supplied.

 

(*) The item numbers and footnotes used in this
information document

    correspond to
those set out in Annex I to Directive 70/156/EEC. Items

    not relevant
for the purpose of this Directive are omitted. 0. GENERAL

 

0.1. Make (trade name of manufacturer):.

 

0.2. Type and general commercial description(s):.

 

0.3. Means of identification of type, if marked on the
vehicle (b):.

 

0.3.1. Location of that marking:.

 

0.4. Category of vehicle (c):.

 

0.5. Name and address of manufacturer:.

 

0.8. Address(es) of assembly plant(s):.

 

1. GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE

 

1.1. Photographs and/or drawings of a representative
vehicle:.

 

3. POWER PLANT (q)

 

3.1. Manufacturer:.

 

3.1.1. Manufacturer's engine code (as marked on the
engine, or other

means of identification):.

 

3.2.1.1. Working principle: positive ignition/compression
ignition,

four stroke/two stroke (1)

 

3.2.1.2. Number and arrangement of cylinders:.

 

3.2.1.2.1. Bore (r):. mm

 

3.2.1.2.2. Stroke (r):. mm

 

3.2.1.2.3. Firing order:.

 

3.2.1.3. Engine capacity (s):. cm3

 

3.2.1.4. Volumetric compression ratio (2).

 

3.2.1.5. Drawings of combustion chamber, piston crown
and, in the

case of positive ignition engines, piston rings:.

 

3.2.1.6. Idling speed (2):. min-1

 

3.2.1.8. Maximum net power (t):.......... kW at..........
min-1