Explanatory Memorandum to COM(2005)683 - Type approval of motor vehicles with respect to emissions and on access to vehicle repair information, amending Directive 72/306/EEC and Directive …/…/EC - Main contents
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| dossier | COM(2005)683 - Type approval of motor vehicles with respect to emissions and on access to vehicle repair information, amending Directive ... |
|---|---|
| source | COM(2005)683  |
| date | 21-12-2005 |
The objective of the proposal is to lay down harmonised rules on the construction of motor vehicles with a view to ensuring the functioning of the internal market while at the same time providing for a high level of environmental protection regarding atmospheric emissions.
The proper functioning of the single market in the European Union requires common standards limiting the emission of atmospheric pollutants from motor vehicles. Action at Community level prevents varying product standards emerging across Member States which results in fragmentation of the internal market and imposition of unnecessary barriers to intra-Community trade.
Member States and their citizens are concerned about the risks to human health and the environment that results from air pollution. Although air quality has improved over the past decade, there are still significant air quality problems throughout the European Union, especially in urban areas and in densely populated regions.
Euro 4 emission limits for cars came into force on 1 January 2005 for new type approvals i. Several Member States have a history of using tax incentives to accelerate the introduction of cleaner vehicles. In order to avoid disruption of the single market through various Member States introducing fiscal incentives in January 2005 based on differing limit values, the Commission services published a staff working paper i which suggested a limit value for particulate matter. The working paper invited those Member States wishing to introduce fiscal incentives to base their incentives on the 5 mg/km value set out in the working paper.
With no change in the policy of reducing emission levels for motor vehicles, there is a high risk that the functioning of the internal market would be impaired with Member States seeking to take unilateral action. Poor air quality will also remain an issue in the European Union with atmospheric pollution continuing to have a detrimental impact on human health.
The requirements on the construction of motor vehicles are presently governed by Directive 70/220/EEC i (as amended), on the ‘Approximation of the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehicles’.
The proposal has been developed in the context of the 'Clean Air For Europe' (CAFE) programme that provided the technical basis for the preparation of the Thematic Strategy on Air Pollution i. CAFE assessed levels of emissions, current and future air quality and the costs and benefits of further measures to improve air quality. On this basis, the Commission has identified measures which are required in order to attain the necessary air quality levels. Euro 5 is one among several such measures that are important to reduce emissions of ozone precursors (such as NOX and HC) and particulate matter.
Moreover, the proposal is fully in line with the aims of the European Union's Sustainable Development strategy and contributes significantly to the objectives of the Lisbon strategy.
Consultation of interested parties
Consultation methods, main sectors targeted and general profile of respondents
In developing the proposal the Commission has consulted stakeholders in a number of ways:
- There was consultation with the Motor Vehicles Emissions Group, an expert stakeholder working group responsible for supporting the regulatory processes of the Commission on emission related issues. A broad range of interested parties are involved in the work of this group: national authorities, vehicle manufacturers, component suppliers, industry associations and non-governmental organisations.
- A questionnaire was sent to stakeholders in February 2004 on scenarios for new Euro 5 emission limit values for passenger cars and light-duty vehicles. The questionnaire sought to gather views as to the required technology and associated costs of meeting various limit value scenarios. The results of the data collection exercise were subject to review by an independent expert panel.
- Presentations were made to key stakeholders in early 2005 on the results of the review carried out by the expert panel. The panel produced a technology map and a cost range of meeting the various emission reduction scenarios.
- The Euro 5 proposal was developed at the same time as the Commission's Thematic Strategy for Air Pollution (CAFE Programme). Stakeholders were actively engaged in the discussion of this programme.
- Key elements of the draft proposal were presented to the CARS 21 High Level and Sherpa group, giving stakeholders an early opportunity to comment on new Euro 5 emission limit values.
- In July 2005, the Commission held an internet consultation on a preliminary draft proposal for Euro 5. This consultation generated around 50 responses from a range of different stakeholders.
During the internet consultation, a number of issues were raised by stakeholders i. The impact assessment that accompanies this proposal provides a full account of the substantive issues raised and discusses how they have been taken into consideration.
Scientific/expertise domains concerned
The proposal required analysis of vehicle technologies to be used to reduce emissions and the associated costs of achieving the various scenarios for Euro 5 emission limit values.
In early 2004, the Commission services sent out a questionnaire to stakeholders on new Euro 5 emission limits for light duty vehicles. The questionnaire developed a number of scenarios for new limit values and sought data on the technology that would be required to meet those values and the associated costs. An expert panel of independent consultants was engaged to review responses to the questionnaire. The aim was to assess and validate the stakeholder responses and reach a common position on the technology required and cost for each scenario. This information was used to model the impacts of a number of the emission limit scenarios.
Data were collected from a range of stakeholders in the automotive industry and collated by a group of consultants led by TNO in The Netherlands.
The panel of consultants summarised the cost data provided by stakeholders. The Commission used the panel’s report as an input to the analysis of the various emission limit value scenarios. The preferred limit values have been selected on the basis of their technical feasibility and cost-effectiveness, as explained in the impact assessment accompanying the proposal.
The report of the expert panel is available on the DG Enterprise and Industry web site i.
Four policy options have been considered:
No policy change approach : the emission limit values of Euro 4 (Directive 70/220/EC as amended) remain in force for diesel and petrol vehicles.
With no change in the policy of reducing emission levels for motor vehicles, there is a high risk that the functioning of the internal market would be impaired. It is likely that in the absence of stricter emission standards at European level, Member States would start legislating themselves or would start using other measures, such as bans on certain types of vehicle entering cities or creation of low emission zones.
Poor air quality will remain an issue in the European Union as atmospheric pollution will continue to have a detrimental impact on human health. The CAFE Programme showed that despite the improvements in pollutant emissions, health impacts from air pollution across the EU are still projected to be considerable in 2020.
Therefore, this policy option is not considered to be viable.
Regulatory approach: revising the existing Euro 4 legislation through setting new Euro 5 emission limit values at European Union level.
In comparison with the no policy change scenario, the regulatory option will have the clear benefits of ensuring the proper functioning of the internal market and improving air quality. This will improve public health and, thus, will enable Governments to generate savings.
The indirect impacts of the regulatory option might be positive in terms of the international competitiveness of EU industry, especially in markets with strict environmental regulation in force.
Thus, the option of regulatory approach is pursued in the proposal.
Fiscal incentives by Member States: Member States introduce on a voluntary basis fiscal incentives for vehicles that fulfil stricter emission limit values than Euro 4.
At present only a small number of Member States have a history of introducing fiscal incentives, so uptake of the measure could be limited. The sustainability of such measures can also be questioned on the long term. Therefore, this policy could lead to considerable uncertainty for manufacturers as to the demand for cleaner vehicles.
In addition, different types of incentive regimes in neighbouring countries could result in unpredictable cross border effects, both in terms of vehicle purchasing patterns and air pollution impacts. The continued existence of the single market for vehicles could therefore be put at risk.
Thus, the option does not ensure that the policy objectives are attained and could even have a negative impact on the functioning of the internal market through reducing the certainty as to the demand for specific types of vehicles.
Therefore, this is not the approach to be followed.
Non-regulatory approach: self-regulation through negotiated commitments with the automotive industry to reduce the emissions from new vehicles.
It is not clear that a self commitment provides an adequate guarantee that a specific emission level will be reached or that there will be appropriate sanctions available if the self-commitment were to be breached. In addition, it is not apparent that the use of a voluntary approach would offer any additional benefits to the industry, governments or the general public.
The Euro series of emissions regulations are widely used in many emerging markets. Therefore, developments in the regulatory system for emissions established in the EU have important implications around the world. A move away from a regulatory approach to a voluntary approach would therefore be disruptive to the process of global harmonisation.
The option of non-regulatory approach was therefore not considered further.
The Commission services carried out an impact assessment listed in the Work Programme under the reference number 2005/ENTR/018.
3)
Contents
- LEGAL ELEMENTS OF THE PROPOSAL
- BUDGETARY IMPLICATION
- Grounds for and objectives of the proposal
- General context
- Existing provisions in the area of the proposal
- Consistency with the other policies and objectives of the Union
- 2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT
- Summary of responses and how they have been taken into account
- Collection and use of expertise
- Methodology used
- Main organisations/experts consulted
- Summary of advice received and used
- Means used to make the expert advice publicly available
- Impact assessment
- Summary of the proposed action
- Legal basis
- Subsidiarity principle
- Proportionality principle
- Choice of instruments
- 5) ADDITIONAL INFORMATION
- Simplification
- Repeal of existing legislation
- Review/revision/sunset clause
- European Economic Area
The main aspect of this Regulation is that it requires a further tightening of vehicle emission limits for particulate matter and nitrogen oxides (NOX).
A large reduction (80%) in the mass of particulate emissions from diesel vehicles will be required. While this lower emission limit does not prescribe a particular technology, it will de facto require the introduction of diesel particulate filters (DPFs).
At present, the emission limit selected can only be met by closed filters, which have the benefit of reducing the ultra fine particles that are considered most harmful to health. To prevent the possibility that in the future open filters are developed that meet the new particulate mass limit but enable a high number of ultra fine particles to pass, it is foreseen to introduce at a later stage a new standard limiting the number of particles that can be emitted. At the moment, it is not appropriate to define a number standard as research is being conducted at the UN/ECE under the Particulate Measurement Programme (PMP). The UN/ECE working party is still examining this issue. Once the results of the PMP programme are available, a number standard will be implemented through comitology.
The PMP programme is also testing a new protocol for measuring particulate emissions. A key benefit of the new approach is that it provides for greater repeatability in measuring emissions in the laboratory. Once the programme is complete, consideration will be given to replacing the current measurement procedure with the new approach. When the new measurement procedure is implemented, the Commission will have to recalibrate the PM mass emission limits set out in this proposal, as the new technique records a lower level of mass than the current method.
For diesel vehicles, only a small reduction (20%) in NOx is planned. This emission limit has been set so that reductions can be achieved by further internal engine measures. As the proposal will lead to the installation of particulate filters in the exhaust stream, the Commission wished to avoid an obligation for installing an additional NOx after-treatment system at this stage. As the technology for further NOx reduction is not yet mature, it is therefore proposed not to reduce NOx emissions beyond the 200 mg/km limit value.
The proposal includes further reductions in emissions from petrol cars. The Commission proposes a 25% reduction in NOx with a limit value of 60 mg/km and a 25% reduction in hydrocarbons (HC) with a limit value of 75 mg/km. Many petrol vehicles currently sold in the EU are comfortably beneath this proposed emission limit, others can be made to respect it at relatively low cost.
Emission limits on the mass of particulate emissions from petrol engines are also proposed. These limits apply only to direct injection vehicles operating in lean burn mode, as PM emissions are not an issue for petrol vehicles that operate with purely stoichiometric combustion.
A further change is the proposal that the durability period over which manufacturers must ensure the functioning of pollution control devices has been extended from 80 000 km to 160 000 km. This change will more realistically reflect the actual life of vehicles and ensure that emission control systems continue to function throughout the life of the vehicle.
The proposal includes a requirement that vehicle repair information be made available through websites in the standardised format developed by a technical committee of stakeholders (the so-called OASIS standard).
A final aspect is the removal of the exception in previous legislation which enabled heavy passenger vehicles (Class M1, over 2 500 kg) to be type approved as light commercial vehicles. There is no longer seen to be any justification for this exemption.
The legal basis of the proposal is Article 95 of the Treaty.
The subsidiarity principle applies insofar as the proposal does not fall under the exclusive competence of the Community.
The objectives of the proposal cannot be sufficiently achieved by actions of Member States because of the need to avoid the emergence of barriers to the single market and because of the transboundary implications of air pollution.
Community action will better achieve the objectives of the proposal because it will avoid fragmentation of the internal market which would otherwise arise. By setting uniform standards for the level of pollutant emissions from motor vehicles, the proposal ensures better air quality in the European Union and addresses the problem of transboundary air pollution.
The proposal therefore complies with the subsidiarity principle.
The proposal complies with the proportionality principle because it does not go beyond what is necessary in order to achieve the objectives of ensuring the proper functioning of the internal market while at the same time providing for a high level of environmental protection.
The cost-benefit analysis carried out in the framework of the impact assessment of the proposal demonstrates that the selected emission limit values provide benefits for the society as a whole, while at the same time taking into account the competitiveness of the automotive industry.
The proposed instrument is a Regulation. Other means would not be adequate for the following reason:
- The use of a Regulation is considered to be appropriate in providing the required assurance for compliance whilst not requiring the transposition into member states legislation.
The proposal uses the 'split-level approach' that has been used in other pieces of legislation, e.g. in the case of the Directive for heavy duty vehicle emissions i. This approach foresees that the proposal and adoption of legislation will be made according to two different, but parallel, routes:
- first, the fundamental provisions will be laid down by the European Parliament and the Council in a Regulation based on Article 95 of the EC Treaty through the co-decision procedure (the co-decision proposal);
- secondly, the technical specifications implementing the fundamental provisions will be laid down in a Regulation adopted by the Commission with the assistance of a regulatory committee (the comitology proposal).
4)
The proposal has no implications for the Community budget.
Simulation, pilot phase and transitory period
There are general transitory periods in the proposal in order to allow sufficient lead times for vehicle manufacturers.
The proposal provides for simplification of legislation.
The Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions having the title “updating and simplifying the Community acquis”[8] identifies, as a priority area for simplification of Community legislation, the type approval system for motor vehicles. The proposal for new emissions legislation repealing Directive 70/220/EEC is specifically listed in the Commission work programme.
In addition this proposal seeks to further simplify Community legislation by integrating into this Regulation and its implementing measures the requirements and test procedures for measuring carbon dioxide emissions and fuel consumption of light duty vehicles set out in Directive 80/1268/EEC i (as amended). As a result this Directive can also be repealed.
A further simplification is introduced through integration of the test requirements for measuring diesel smoke contained in Directive 72/306/EEC i into this proposal. This Directive will be able to be repealed in the future when similar requirements are introduced into emissions legislation relating to heavy duty vehicles.
The proposal provides for simplification of administrative procedures for public authorities (EU or national). The proposal is included in the Commission's rolling programme for up-date and simplification of the acquis communautaire and its Work and Legislative Programme under the reference 2005/ENTR/018.
The adoption of the proposal will lead to the repeal of existing legislation. This is detailed in Article 17 of the proposal.
The Commission intends to review in 2009 the issue of further improvements of emissions, following the mid-term review of the CARS 21 report, with a view to proposing a further significant reduction of limit values (including NOx) that reflect the development in vehicle emission technology at that point in time and cost-effectiveness considerations. Any proposal will be based on an extended impact assessment and stakeholder consultation.
The proposed act concerns an EEA matter and should therefore extend to the European Economic Area.