LEGISLATIVE ACT : Commission Directive 2005/78/EC of 14 November 2005 implementing Directive 2005/55/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate 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 and amending Annexes I, II, III, IV and VI thereto.

CONTENT : This Directive amends Annexes I, II, III, IV and VI to Directive 2005/55/EC in accordance with Annex I to this Directive. In addition, measures for the implementation of Articles 3 and 4 of Directive 2005/55/EC are laid down in Annexes II to V to this Directive.

The main points are as follows:

-Directive 2005/55/ requires new heavy-duty engines and engines of new heavy-duty vehicles to comply with new technical requirements covering on-board diagnostic systems, durability and conformity of in-service vehicles which are properly maintained and used, from 1 October 2005. The technical provisions necessary to implement Articles 3 and 4 of that Directive are adopted.

-In order to ensure compliance with Article 5 of Directive 2005/55/EC, this Directive introduces requirements encouraging the proper use, as intended by the manufacturer, of new heavy-duty vehicles equipped with engines having an exhaust after-treatment system requiring the use of a consumable reagent to achieve the intended reduction of regulated pollutants. Measures

are introduced to ensure that the driver of such a vehicle is informed in good time if any on-vehicle supply of a consumable reagent is about to run out or if the reagent dosing activity does not take place. If the driver ignores such warnings, the engine performance should be modified until the driver replenishes the supply of the consumable reagent required for the efficient operation of the exhaust after-treatment system.

-Where engines within the scope of Directive 2005/55/EC require the use of a consumable reagent in order to achieve the emission limits for which those engines were granted type-approval, the Member States must take steps to ensure that such reagents are available on a geographically balanced basis. Member States should also encourage the use of such reagents.

-The Directive introduces requirements that will enable the Member States to monitor and ensure, at the time of the periodic technical inspection, that heavy-duty vehicles equipped with exhaust after-treatment systems requiring the use of a consumable reagent have been properly operated during the period preceding the inspection.

-Member States will be able to prohibit the use of any heavy-duty vehicle equipped with an exhaust after treatment system that requires the use of a consumable reagent in order to achieve the emission limits for which such vehicles were granted a type-approval if the exhaust after-treatment system does not actually consume the required reagent or if the vehicle does not carry the required reagent.

-Manufacturers of heavy-duty vehicles equipped with exhaust after-treatment systems requiring the use of a consumable reagent will inform their customers how such vehicles should properly be operated.

-The requirements of Directive 2005/55/EC relating to the use of defeat strategies are adapted to take account of technical progress. Requirements for multi-setting engines and for devices that can limit engine torque under certain operating conditions are also specified.

-Annexes III and IV to Directive 98/70/EC relating to the quality of petrol and diesel fuel and amending Council Directive 93/12/EEC require petrol and diesel motor fuels for sale throughout the Community to have a maximum sulphur content of 50 mg/kg from 1 January 2005. Motor fuels with a sulphur content of 10 mg/kg or less are increasingly available throughout the Community and Directive 98/70/EC requires such fuels to be available from 1 January 2009.

-The reference fuels used for the type-approval testing of engines against the emission limits specified in Annex I to Directive 2005/55/EC are therefore be redefined in order to better reflect the sulphur content of the diesel fuels that are available on the market from 1 January 2005 and that are used by engines with advanced emission control systems. The Directive also redefines the liquefied petroleum gas (LPG) reference fuel to reflect progress in the market since 1 January 2005.

-Technical adaptations to the sampling and measurement procedures are made to enable the reliable and repeatable measurement of particulate mass emissions for compression-ignition engines that are granted a type approval according to the particulate limits specified in Annex I to Directive 2005/55/EC and for gas engines that are granted a type-approval according to the emission limits specified in that Annex.

-In view of the rapid technological progress in this area, this Directive will be reviewed by 31 December 2006, if necessary.

DATE OF TRANSPOSITION : 8 November 2006

DATE OF APPLICATION : 9 November 2006.

ENTRY INTO FORCE : 15 December 2005.

32005L0078
OJ L 313 29.11.2005, p. 0001-0093

PURPOSE: to introduce common technical requirements concerning gaseous and particulate emissions for all types of vehicles.

LEGISLATIVE ACT: Directive 2005/55/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate 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.

CONTENT: For the sake of clarity the European Commission is recasting Directive 88/77 under one new Directive and, at the same time, incorporating the provisions of related Directives into this new Directive. The related Directives being recast are 91/542, 1999/96 and 2001/27.

The recast Directive states that Member States are allowed to grant neither EC type, nor national type approval, to vehicles, which fail to conform to the provisions set out in the recast Directive. Manufacturers must be able to demonstrate that their vehicles comply with the new limit values for a useful life. All vehicles relating to the provisions of this Directive must be equipped with on-board diagnostic systems to monitor, for example a catalyst or diesel particulate filter. Tax incentives are only allowed in cases where vehicles comply with this Directive and any such incentives must be compatible with overall Treaty provisions. The Commission will review new emission limits applicable to heavy-duty vehicles and engines in respect of pollutants that are as yet unregulated. In addition, the Commission will submit new proposals on further NOx and particulate emissions for heavy-duty vehicles.

ENTRY INTO FORCE: 9 November 2005.

TRANSPOSITION: 9 November 2006.

Directive 2005/55
OJ L 275 20.10.2005, p. 0001-0163

03617/1/2005

T5-0149/2004
OJ C 102 28.04.2004, p. 0034-0271 E

T5-0149/2004

A5-0057/2004

A5-0057/2004

CES0091/2004
OJ C 108 30.04.2004, p. 0032-0034

COM(2003)0522
EUR-Lex

COM(2003)0522
EUR-Lex