Council Directive 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laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles (70/220/EEC) (repealed)

[F1 Council Directive

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]

(70/220/EEC) (repealed)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;

Having regard to the proposal from the Commission;

Having regard to the Opinion of the European Parliament(1);

Having regard to the Opinion of the Economic and Social Committee(2);

Whereas a regulation of 14 October 1968 amending the Straßenverkehrs-Zulassungs-Ordnung was published in Germany in the Bundesgesetzblatt Part I of 18 October 1968; whereas that regulation contains provisions on measures to be taken against air pollution by positive-ignition engines of motor vehicles; whereas those provisions will enter into force on 1 October 1970;

Whereas a regulation of 31 March 1969 on the ‘Composition of exhaust gases emitted from petrol engines of motor vehicles’ was published in France in the Journal officiel of 17 May 1969; whereas that regulation is applicable:

• from 1 September 1971, to type-approved vehicles with a new type of engine, that is to say, a type of engine which has never before been installed in a type-approved vehicle;

• from 1 September 1972, to vehicles put into service for the first time;

Whereas those provisions are liable to hinder the establishment and proper functioning of the common market; whereas it is therefore necessary that all Member States adopt the same requirements, either in addition to or in place of their existing rules, in order, in particular, to allow the EEC type — approval procedure which was the subject of the Council Directive(3) 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 to be applied in respect of each type of vehicle;

Whereas, however, the present Directive will be applied before the date laid down for the application of the Directive of 6 February 1970; whereas at that time therefore the procedures of this last Directive will not yet be applicable; whereas therefore an ad hoc procedure must be laid down in the form of a communication certifying that a vehicle type has been tested and that it satisfies the requirements of this Directive;

Whereas, on the basis of that communication, each Member State requested to grant national type approval of a type of vehicle must be able to ascertain whether that type has been submitted to the tests laid down in this Directive; whereas, to this end, each Member State should inform the other Member States of its findings by sending them a copy of the communication completed for each type of motor vehicle which has been tested;

Whereas a longer period of adaptation should be laid down for industry in respect of the requirements relating to the testing of the average emission of gaseous pollutants in a congested urban area after a cold start than in respect of the other technical requirements of this Directive;

Whereas it is desirable to use the technical requirements adopted by the UN Economic Commission for Europe in its Regulation No 15(4) (Uniform provisions concerning the approval of vehicles equipped with a positive-ignition engine with regard to the emission of gaseous pollutants by the engine), annexed to the Agreement of 20 March 1958 concerning the adoption of uniform conditions of approval and reciprocal recognition of approval for motor vehicle equipment and parts;

Whereas, furthermore, the technical requirements must be rapidly adapted to take account of technical progress; whereas, to this end, provision should be made for application of the procedure laid down in Article 13 of the Council Directive of 6 February 1970 on the type approval of motor vehicles and their trailers;

HAS ADOPTED THIS DIRECTIVE:

Textual Amendments

F1 Substituted by Council Directive 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) (88/436/EEC).

(1)

OJ No C 160, 18.12.1969, p. 7.

(2)

OJ No C 48, 16.4.1969, p. 16.

(3)

OJ No L 42, 23.2.1970, p. 1.

(4)

ECE (Geneva) Document W/TRANS/WP 29/293/Rev. 1, 11.4.1969.