Directive 2005/55/EC of the European Parliament and of the Council (repealed)Dangos y teitl llawn

Article 1 U.K. Definitions

For the purposes of this Directive the following definitions shall apply:

(a)

‘vehicle’ means any vehicle as defined in Article 2 of Directive 70/156/EEC and propelled by a compression-ignition or gas engine, with the exception of vehicles of category M₁ with a technically permissible maximum laden mass less than or equal to 3,5 tonnes;

(b)

‘compression-ignition or gas engine’ means the motive propulsion source of a vehicle for which type-approval as a separate technical unit, as defined in Article 2 of Directive 70/156/EEC, may be granted;

(c)

‘enhanced environment-friendly vehicle (EEV)’ means a vehicle propelled by an engine which complies with the permissive emission limit values set out in row C of the tables in Section 6.2.1 of Annex I.

Article 2 U.K. Obligations of the Member States

1. For types of compression-ignition or gas engines and types of vehicle propelled by compression-ignition or gas engines, where the requirements set out in Annexes I to VIII are not met and in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row A of the tables in Section 6.2.1 of Annex I, Member States:

(a) shall refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC; and

(b) shall refuse national type-approval.

2. Except in the case of vehicles and engines intended for export to third countries or replacement engines for in-service vehicles, Member States shall, where the requirements set out in Annexes I to VIII are not met and in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row A of the tables in Section 6.2.1 of Annex I:

(a) consider certificates of conformity which accompany new vehicles or new engines pursuant to Directive 70/156/EEC as no longer valid for the purposes of Article 7(1) of that Directive; and

(b) prohibit the registration, sale, entry into service or use of new vehicles propelled by a compression-ignition or gas engine and the sale or use of new compression-ignition or gas engines.

3. Without prejudice to paragraphs 1 and 2, with effect from 1 October 2003 and except in the case of vehicles and engines intended for export to third countries or replacement engines for in-service vehicles, Member States shall, for types of gas engines and types of vehicles propelled by a gas engine which do not comply with the requirements set out in Annexes I to VIII:

(a) consider certificates of conformity which accompany new vehicles or new engines pursuant to Directive 70/156/EEC as no longer valid for the purposes of Article 7(1) of that Directive; and

(b) prohibit the registration, sale, entry into service or use of new vehicles and the sale or use of new engines.

4. If the requirements set out in Annexes I to VIII and in Articles 3 and 4 are satisfied, in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine comply with the limit values set out in row B1 or row B2 or with the permissive limit values set out in row C of the tables in Section 6.2.1 of Annex I, no Member State may, on grounds relating to the gaseous and particulate pollutants and opacity of smoke emissions from an engine:

(a) refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC or to grant national type-approval for a type of vehicle propelled by a compression-ignition or gas engine;

(b) prohibit the registration, sale, entry into service or use of new vehicles propelled by a compression-ignition or gas engine;

(c) refuse to grant EC type-approval for a type of compression-ignition or gas engine;

(d) prohibit the sale or use of new compression-ignition or gas engines.

5. With effect from 1 October 2005, for types of compression-ignition or gas engines and types of vehicle propelled by compression-ignition or gas engines which do not meet the requirements set out in Annexes I to VIII and in Articles 3 and 4 and in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row B1 of the tables in Section 6.2.1 of Annex I, Member States:

(a) shall refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC; and

(b) shall refuse national type-approval.

6. With effect from 1 October 2006 and except in the case of vehicles and engines intended for export to third countries or replacement engines for in-service vehicles, Member States shall, where the requirements set out in Annexes I to VIII and in Articles 3 and 4 are not met and in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row B1 of the tables in Section 6.2.1 of Annex I:

(a) consider certificates of conformity which accompany new vehicles or new engines pursuant to Directive 70/156/EEC as no longer valid for the purposes of Article 7(1) of that Directive; and

(b) prohibit the registration, sale, entry into service or use of new vehicles propelled by a compression-ignition or gas engine and the sale or use of new compression-ignition or gas engines.

7. With effect from 1 October 2008, for types of compression-ignition or gas engines and types of vehicle propelled by compression-ignition or gas engines which do not meet the requirements set out in Annexes I to VIII and in Articles 3 and 4 and in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row B2 of the tables in Section 6.2.1 of Annex I, Member States:

(a) shall refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC; and

(b) shall refuse national type-approval.

8. With effect from 1 October 2009 and except in the case of vehicles and engines intended for export to third countries or replacement engines for in-service vehicles, Member States shall, where the requirements set out in Annexes I to VIII and in Articles 3 and 4 are not met and in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row B2 of the tables in Section 6.2.1 of Annex I:

(a) consider certificates of conformity which accompany new vehicles or new engines pursuant to Directive 70/156/EEC as no longer valid for the purposes of Article 7(1) of that Directive; and

(b) prohibit the registration, sale, entry into service or use of new vehicles propelled by a compression-ignition or gas engine and the sale or use of new compression-ignition or gas engines.

9. In accordance with paragraph 4 an engine that satisfies the requirements set out in Annexes I to VIII, and, in particular, complies with the limit values set out in row C of the tables in Section 6.2.1 of Annex I shall be considered as complying with the requirements set out in paragraphs 1, 2 and 3.

In accordance with paragraph 4 an engine that satisfies the requirements set out in Annexes I to VIII and in Articles 3 and 4 and, in particular, complies with the limit values set out in row C of the tables in Section 6.2.1 of Annex I shall be considered as complying with the requirements set out in paragraphs 1 to 3 and 5 to 8.

10. For compression-ignition or gas engines that must comply with the limit values set out in Section 6.2.1 of Annex I under the type-approval system, the following shall apply:

under all randomly selected load conditions, belonging to a definite control area and with the exception of specified engine operating conditions which are not subject to such a provision, the emissions sampled during a time duration as small as 30 seconds shall not exceed by more than 100 % the limit values in rows B2 and C of the tables in Section 6.2.1 of Annex I. The control area to which the percentage not to be exceeded shall apply, the excluded engine operating conditions and other appropriate conditions shall be defined in accordance with the procedure referred to in Article 7(1).

Article 3 U.K. Durability of emission control systems

1. From 1 October 2005 for new type-approvals and from 1 October 2006 for all type-approvals, the manufacturer shall demonstrate that a compression-ignition or gas engine type-approved by reference to the limit values set out in row B1 or row B2 or row C of the tables in Section 6.2.1 of Annex I will comply with those limit values for a useful life of:

(a) 100 000 km or five years, whichever is the sooner, in the case of engines to be fitted to vehicles of category N₁ and M₂;

(b) 200 000 km or six years, whichever is the sooner, in the case of engines to be fitted to vehicles of category N₂, N₃ with a maximum technically permissible mass not exceeding 16 tonnes and M₃ Class I, Class II and Class A, and Class B with a maximum technically permissible mass not exceeding 7,5 tonnes;

(c) 500 000 km or seven years, whichever is the sooner, in the case of engines to be fitted to vehicles of category N₃ with a maximum technically permissible mass exceeding 16 tonnes and M₃, Class III and Class B with a maximum technically permissible mass exceeding 7,5 tonnes.

From 1 October 2005, for new types, and from 1 October 2006, for all types, type-approvals granted to vehicles shall also require confirmation of the correct operation of the emission control devices during the normal life of the vehicle under normal conditions of use (conformity of in-service vehicles properly maintained and used).

2. The measures for the implementation of paragraph 1 shall be adopted by 28 December 2005 at the latest.

Article 4 U.K. On-board diagnostic systems

1. From 1 October 2005 for new type-approvals of vehicles and from 1 October 2006 for all type-approvals, a compression-ignition engine type-approved by reference to the emission limit values set out in row B1 or row C of the tables in Section 6.2.1 of Annex I or a vehicle propelled by such an engine shall be fitted with an on-board diagnostic (OBD) system that signals the presence of a fault to the driver if the OBD threshold limits set out in row B1 or row C of the table in paragraph 3 are exceeded.

In the case of exhaust after-treatment systems, the OBD system may monitor for major functional failure any of the following:

(a) a catalyst, where fitted as a separate unit, whether or not it is part of a deNO_x system or a diesel particulate filter;

(b) a deNO_x system, where fitted;

(c) a diesel particulate filter, where fitted;

(d) a combined deNO_x-diesel particulate filter system.

2. From 1 October 2008 for new type-approvals and from 1 October 2009 for all type-approvals, a compression-ignition or a gas engine type-approved by reference to the emission limit values set out in row B2 or row C of the tables in Section 6.2.1 of Annex I, or a vehicle propelled by such an engine shall be fitted with an OBD system that signals the presence of a fault to the driver if the OBD threshold limits set out in row B2 or row C of the table in paragraph 3 are exceeded.

The OBD system shall also include an interface between the engine electronic control unit (EECU) and any other engine or vehicle electrical or electronic systems that provide an input to or receive an output from the EECU and which affect the correct functioning of the emission control system, such as the interface between the EECU and a transmission electronic control unit.

3. The OBD threshold limits shall be as follows:

Row	Compression-ignition engines
	Mass of oxides of nitrogen(NOx) g/kWh	Mass of particulate(PT) g/kWh
B1 (2005)	7,0	0,1
B2 (2008)	7,0	0,1
C (EEV)	7,0	0,1

4. Full and uniform access to OBD information must be provided for the purposes of testing, diagnosis, servicing and repair in keeping with the relevant provisions of Directive 70/220/EEC and provisions regarding replacement components ensuring compatibility with OBD systems.

5. The measures for the implementation of paragraphs 1, 2 and 3 shall be adopted by 28 December 2005 at the latest.

Article 5 U.K. Emission control systems using consumable reagents

In defining the measures necessary to implement Article 4, as provided for by Article 7(1), the Commission shall, if appropriate, include technical measures to minimise the risk of emission control systems using consumable reagents being inadequately maintained in service. In addition, and if appropriate, measures shall be included to ensure that emissions of ammonia due to the use of consumable reagents are minimised.

Article 6 U.K. Tax incentives

1. Member States may make provision for tax incentives only in respect of vehicles which comply with this Directive. Such incentives shall comply with the provisions of the Treaty, as well as with either paragraph 2 or paragraph 3 of this Article.

2. The incentives shall apply to all new vehicles offered for sale on the market of a Member State which comply in advance with the limit values set out in row B1 or B2 of the tables in Section 6.2.1 of Annex I.

They shall be terminated with effect from the mandatory application of the limit values in row B1, as laid down in Article 2(6), or from the mandatory application of the limit values in row B2, as laid down in Article 2(8).

3. The incentives shall apply to all new vehicles offered for sale on the market of a Member State which comply with the permissive limit values set out in row C of the tables in Section 6.2.1 of Annex I.

4. In addition to the conditions referred to in paragraph 1, for each type of vehicle, the incentives shall not exceed the additional cost of the technical solutions introduced to ensure compliance with the limit values set out in row B1 or row B2 or with the permissive limit values set out in row C of the tables in Section 6.2.1 of Annex I, and of their installation on the vehicle.

5. Member States shall inform the Commission in sufficient time of plans to institute or change the tax incentives referred to in this Article, so that it can submit its observations.

Article 7 U.K. Implementation measures and amendments

1. The measures necessary for the implementation of Articles 2(10), 3 and 4 of this Directive shall be adopted by the Commission, assisted by the Committee established by Article 13(1) of Directive 70/156/EEC, in accordance with the procedure referred to in Article 13(3) of that Directive.

2. Amendments to this Directive which are necessary to adapt it to scientific and technical progress shall be adopted by the Commission, assisted by the committee established by Article 13(1) of Directive 70/156/EEC, in accordance with the procedure referred to in Article 13(3) of that Directive.

Article 8 U.K. Review and reports

1. The Commission shall review the need to introduce new emission limits applicable to heavy-duty vehicles and engines in respect of pollutants that are as yet unregulated. The review shall be based on the wider market introduction of new alternative fuels and on the introduction of new additive-enabled exhaust emission control systems to meet future standards laid down in this Directive. Where appropriate, the Commission shall submit a proposal to the European Parliament and the Council.

2. The Commission should submit to the European Parliament and the Council legislative proposals on further limits on NO_x and particulate emissions for heavy-duty vehicles.

If appropriate, it shall investigate whether setting an additional limit for particulate levels and size is necessary, and, if so, include it in the proposals.

3. The Commission shall report to the European Parliament and to the Council on the progress in negotiations for a worldwide harmonised duty cycle (WHDC).

4. The Commission shall submit a report to the European Parliament and to the Council on requirements for the operation of an on-board measurement (OBM) system. On the basis of that report, the Commission shall, where appropriate, submit a proposal for measures to include the technical specifications and corresponding annexes in order to provide for the type-approval of OBM systems which ensure at least equivalent levels of monitoring to OBD systems and which are compatible therewith.

Article 9 U.K. Transposition

1. Member States shall adopt and publish, before 9 November 2006 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. If the adoption of the implementing measures referred to in Article 7 is delayed beyond 28 December 2005, Member States shall comply with this obligation by the transposition date provided in the Directive containing these implementing measures. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

They shall apply those provisions from 9 November 2006 or, if the adoption of the implementing measures referred to in Article 7 is delayed beyond 28 December 2005, from the transposition date specified in the Directive containing these implementing measures.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directives repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 10 U.K. Repeal

The Directives listed in Annex IX, Part A, are repealed with effect from 9 November 2006 without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex IX, Part B.

References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex X.

Article 11 U.K. Entry into force

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 12 U.K. Addressees

This Directive is addressed to the Member States.