REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 168/2013 as regards the application of the Euro 5 step to the type-approval of two- or three- wheel vehicles and quadricycles

19.10.2018 - (COM(2018)0137 – C8‑0120/2018 – 2018/0065(COD)) - ***I

Committee on the Internal Market and Consumer Protection
Rapporteur: Daniel Dalton
(Simplified procedure – Rule 50(2) of the Rules of Procedure)

Amendments

Procedure : 2018/0065(COD)

Document stages in plenary

Document selected :

A8-0346/2018

Texts tabled :

A8-0346/2018

Debates :

Votes :

PV 29/11/2018 - 8.1

Texts adopted :

P8_TA(2018)0466

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
EXPLANATORY STATEMENT
OPINION of the Committee on the Environment, Public Health and Food Safety
PROCEDURE – COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 168/2013 as regards the application of the Euro 5 step to the type-approval of two- or three- wheel vehicles and quadricycles

(COM(2018)0137 – C8‑0120/2018 – 2018/0065(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2018)0137),

– having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0120/2018),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– after consulting the European Economic and Social Committee,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinion of the Committee on Environment, Public health and food Safety (A8-0346/2018),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) It is necessary to clarify the exemption for mopeds (L1e and L2e categories) from the OBD system of stage II requirement and to extend that exemption to light quadricycles (L6e category) and to the enduro (L3e-AxE) and trial (L3e-AxT) motorcycle sub-categories.

deleted

Amendment 2

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) Given that mopeds of vehicle categories L1e and L2e are already excluded from the OBD system of stage II requirement, the vehicles of category L6e which are designed and built around moped specifications and produced in rather small volumes should also be exempted from that requirement.

(4) Given that vehicles of categories L1e and L2e are already excluded from the OBD system of stage I requirement, the vehicles of category L6e which are designed and built around moped specifications and produced in rather small volumes should also be exempted from that requirement.

Amendment 3

Proposal for a regulation

Recital 4 a (new)

Text proposed by the Commission

Amendment

(4a) It is necessary to clarify the exemption for vehicles of categories L1e and L2e from the OBD system of stage II requirement and to extend that exemption to light quadricycles (L6e category) and to the enduro (L3e-AxE) and trial (L3e-AxT) motorcycle sub-categories.

Amendment 4

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) The technology that is necessary to meet the Euro 5 limits is already available however the Commission concluded in its report to the European Parliament and the Council on the basis of the comprehensive environmental effect study carried out according to Article 23(4) of Regulation (EU) No 168/2013 of the European Parliament and of the Council regarding the Euro 5 emission step, that the date of application of the Euro 5 emission limits for certain L-category vehicles (L6e-B, L2e-U, L3e-AxT and L3e-AxE) will need to be postponed from 2020 to 2022 to increase the cost beneficial ratio compared to the base line. In addition manufacturers of these vehicles, which are mainly SMEs, require more lead time to ensure that the transition towards zero emission powertrains, such as electrification can be achieved in a cost effective way.

(7) The technology that is necessary to meet the Euro 5 limits is already available however the Commission concluded in its report to the European Parliament and the Council on the basis of the comprehensive environmental effect study carried out according to Article 23(4) of Regulation (EU) No 168/2013 of the European Parliament and of the Council regarding the Euro 5 emission step, that the date of application of the Euro 5 emission limits for certain L-category vehicles (L6e-B, L2e-U, L3e-AxT and L3e-AxE) will need to be postponed from 2020 to 2024 to increase the cost beneficial ratio compared to the base line. In addition manufacturers of these vehicles, which are mainly SMEs, require more lead time to ensure that the transition towards zero emission powertrains, such as electrification can be achieved in a cost effective way.

Amendment 5

Proposal for a regulation

Recital 8 a (new)

Text proposed by the Commission

Amendment

(8a) Article 30(1) of Regulation (EU) No 168/2013 requires that an EU type-approval certificate contains, as an attachment, the test results. It should be made clear that what is being referred to is the test results sheet. Consequently, Article 30(1) should be amended to refer to the appropriate attachment.

Amendment 6

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) Regulation (EU) No 168/2013 empowered the Commission to adopt delegated acts for a period of five years, which will expire on 21 March 2018. As there is a continuous need to update elements of the type-approval legislation to technical progress or to introduce other amendments in line with the empowerments, Article 75(2) of that Regulation should be amended to provide for the extension of the delegation for another five years with the possibility for tacit extension.

(9) Regulation (EU) No 168/2013 empowered the Commission to adopt delegated acts for a period of five years, which expired on 21 March 2018. As there is a continuous need to update elements of the type-approval legislation to technical progress or to introduce other amendments in line with the empowerments, Article 75(2) of that Regulation should be amended to provide for the extension of the delegation for another five years with the possibility for tacit extension, while ensuring legal certainty with regard to delegated acts already adopted.

Amendment 7

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 168/2013

Article 21 – paragraph 4


Text proposed by the Commission	Amendment
4. From the dates set out in point 1.8.3 of Annex IV, vehicle (sub-) categories L3, L4e, L5e and L7e shall be equipped with an OBD stage I system which monitors for any electric circuit and electronics failure of the emission control system and which is triggered when the emission thresholds laid down in Annex VI (B2) are being exceeded. OBD stage I systems for those vehicle (sub-) categories shall also report the triggering of any operating mode which significantly reduces engine torque.	4. From the dates set out in point 1.8.3 of Annex IV, vehicle (sub-) categories L3e, L4e, L5e and L7e shall be equipped with an OBD stage I system which monitors for any electric circuit and electronics failure of the emission control system and which is triggered when the emission thresholds laid down in Annex VI (B2) are being exceeded. OBD stage I systems for those vehicle (sub-) categories shall also report the triggering of any operating mode which significantly reduces engine torque.

Amendment 8

Proposal for a regulation

Article 1 – paragraph 1 – point 2 a (new)

Regulation (EU) No 168/2013

Article 30 – paragraph 1 – point b


Present text	Amendment
	(2a) In Article 30 (1), point (b) is replaced by the following :
(b) the test results;	(b) the test results sheet;

Amendment 9

Proposal for a regulation

Article 1 – paragraph 1 – point 2 b (new)

Regulation (EU) No 168/2013

Article 44 – paragraph 1 – subparagraph 2


Present text	Amendment
	(2b) In Article 44 (1), the second subparagraph is replaced by the following:
The first subparagraph shall apply only to vehicles within the territory of the Union which were covered by a valid EU type-approval at the time of their production, but which had neither been made available on the market, registered nor entered into service before that EU type-approval lost its validity.	The first subparagraph shall apply only to vehicles within the territory of the Union which were covered by a valid EU type-approval at the time of their production, but which had neither been registered nor entered into service before that EU type-approval lost its validity.

Amendment 10

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Regulation (EU) No 168/2013

Article 75 – paragraph 2


Text proposed by the Commission	Amendment
2. The power to adopt delegated acts referred to in Article 18(3), Article 20(2), Article 21(8), Article 22(5) and (6), Article 23(6) and (12), Article 24(3), Article 25(8), Article 32(6), Article 33(6), Article 50(4), Article 54(3), Article 57(12), Article 65 and Article 74 shall be conferred on the Commission for a period of ten years from 22 March 2013. The delegation of power shall be tacitly extended for periods of five years, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. The Commission shall draw up a report in respect of the delegation of power not later than 22 June 2022 and nine months before the end of each following five-year period.;	2. The power to adopt delegated acts referred to in Article 18(3), Article 20(2), Article 21(8), Article 22(5) and (6), Article 23(6) and (12), Article 24(3), Article 25(8), Article 32(6), Article 33(6), Article 50(4), Article 54(3), Article 57(12), Article 65 and Article 74 shall be conferred on the Commission for a period of five years from 22 March 2013. The delegation of power shall be tacitly extended for periods of five years, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. The Commission shall draw up a report in respect of the delegation of power not later than 22 June 2022 and nine months before the end of each following five-year period.;

Amendment 11

Proposal for a regulation

Article 1 – paragraph 1 – point 3 a (new)

Regulation (EU) No 168/2013

Annex II – section C1 – row 11


Text proposed by the Commission	Amendment
	(3a) In Annex II, section C1, in row 11, the sign “X” is deleted for subcategories L6e-A and L6e-B;

Amendment 12

Proposal for a regulation

Article 1 – paragraph 1 – point 4 a (new)

Regulation (EU) No 168/2013

Annex V – section B


Present text	Amendment
	(4 a) In Annex V, section B, the contents of the cell in the first column, second row, are replaced by the following :
Type I test (¹⁹ ) Particulate mass (Euro 5 only) (⁶ )	‘Type I test (¹⁹) Particulate mass (Euro 5 only)’;

Amendment 13

Proposal for a regulation

Article 1 – paragraph 1 – point 4 b (new)

Regulation (EU) No 168/2013

Annex VI


Text proposed by the Commission	Amendment
	(4 b) Annex VI is amended as follows:
	(a) in section B1, the first row referring to Vehicle category "L6e-A” is deleted;
	(b) in section B2, in the first row the reference to note (6) is deleted;
	(c) in section B2, in the first row the words: "L3e-L7e (6)" are replaced by the words: "L3e, L4e, L5e, L7e" and the words: "All L category vehicles except category L1e and L2e" are replaced by the words: "All L category vehicles except category L1e, L2e and L6e";

Amendment 14

Proposal for a regulation

Annex – point a

Regulation (EU) No 168/2013

Annex IV– table 1 – point 1.1.2.1.


Text proposed by the Commission
1.1.2.1.	Euro 4: Annex VI A1	L1e, L2e, L6e	1.1.2017	1.1.2018	31.12.2020; for L2e-U and L6e-B: 31.12.2022
Amendment
1.1.2.1.	Euro 4: Annex VI A1	L1e, L2e, L6e	1.1.2017	1.1.2018	31.12.2020; for L2e-U and L6e-B: 31.12.2024

Amendment 15

Proposal for a regulation

Annex – point a

Regulation (EU) No 168/2013

Annex IV– table 1 – point 1.1.2.2.


Text proposed by the Commission
1.1.2.2.	Euro 4: Annex VI A1	L3e,L4e,L5e,L7e	1.1.2016	1.1.2017	31.12.2020; for L3e-AxE and L3e-AxT 31.12.2022
Amendment
1.1.2.2.	Euro 4: Annex VI A1	L3e,L4e,L5e, L7e	1.1.2016	1.1.2017	31.12.2020; for L3e-AxE and L3e-AxT 31.12.2024

Amendment 16

Proposal for a regulation

Annex – point a

Regulation (EU) No 168/2013

Annex IV – table 1 – point 1.1.2.3.


Text proposed by the Commission
1.1.2.3.	Euro 5: Annex VI A2	L1e-L7e	1.1.2020; for L2e-U; L3e-AxE ;L3e-AxT and L6e-B: 1.1.2022	1.1.2021; for L2e-U; L3e-AxE; L3e-AxT and L6e-B: 1.1.2023	’;
Amendment
1.1.2.3.	Euro 5: Annex VI A2	L1e-L7e	1.1.2020; for L2e-U; L3e-AxE ;L3e-AxT and L6e-B: 1.1.2024	1.1.2021; for L2e-U; L3e-AxE; L3e-AxT and L6e-B: 1.1.2025	’;

Amendment 17

Proposal for a regulation

Annex – point c

Regulation (EU) No 168/2013

Annex IV – table 3 – point 1.8.4.


Text proposed by the Commission
1.8.4.	OBD stage II functional requirements with the exception of catalyst monitoring	L3e, L4e, L5e-A, L7e-A	1.1.2020	1.1.2021	31.12.2024
	OBD stage II environmental test procedures (test type VIII)
	OBD stage II environmental test thresholds, Annex VI (B1)
Amendment
1.8.4.	OBD stage II functional requirements with the exception of catalyst monitoring	L3e (except L3e-AxE and L3e-AxT), L4e, L5e-A, L7e-A	1.1.2020	1.1.2021	31.12.2024
	OBD stage II environmental test procedures (test type VIII)
	OBD stage II environmental test thresholds, Annex VI (B1)

Amendment 18

Proposal for a regulation

Annex – point c

Regulation (EU) No 168/2013

Annex IV – table 3 – point 1.8.5.


Text proposed by the Commission
1.8.5.	OBD stage II functional requirements,	L3e, L4e, L5e‑A, L7e-A	1.1.2024	1.1.2025	’;
	OBD stage II environmental test procedures (test type VIII),
	OBD stage II environmental test thresholds, Annex VI (B2)
Amendment
1.8.5.	OBD stage II functional requirements,	L3e (except L3e-AxE and L3e-AxT), L4e, L5e‑A, L7e-A	1.1.2024	1.1.2025	’;
	OBD stage II environmental test procedures (test type VIII),
	OBD stage II environmental test thresholds, Annex VI (B2)

EXPLANATORY STATEMENT

This report concerns the type approval requirements for certain types of two and three wheeled vehicles and a section of the quadricycles covered by Regulation EU No 168/2013.

When adopting the legislation introducing the Euro 5 emissions requirements to two, three and some four-wheeled vehicles the co-legislators provided for be a comprehensive environmental study to be carried out in order to set down more precisely how the transition to Euro 5 should take place, particularly for subsets of the L-category class of vehicles.

This work was completed last year and the report addresses the legislative proposals which followed the publication of the environmental study.

The recommendations are largely in line with the policy set at the time of the adoption of the 2013 Regulation. The Commission proposal does not introduce a significant amendment or postponement of these emissions-related requirements, save for some small sections of the market where the cost-benefit analysis shows a negative effect.

The rapporteur proposes to follow the recommendations made in the environmental study as regards postponement of the application of Euro 5 requirements for those limited numbers and classes of vehicles.

The rapporteur is sympathetic to the arguments made in the study, namely that the move from the current powertrains to alternative powertrains with fewer emissions for those micro-cars and specialist bikes is difficult and would lead to significant social and economic cost.

Ideally, these vehicles could be electrically powered; however they are – by design and regulation – limited in size. The dimensions and weight of batteries, together with the cost, mean that those electric vehicles are too costly and have a limited range compared to the existing diesel powered models.

Heavier and more expensive powertrains make these vehicles much less attractive and useful to their primary buyers, who are typically elderly people based in rural areas, or young people who prefer a more robust vehicle compared to a scooter.

In time though, electric powertrains will be available, and so it is right that we postpone rather than remove a requirement to the Euro 5 compliant.

This strikes the right balance between environmental protection and the social and economic imperatives to meet mobility needs of sections of the public and support for SMEs who are manufacturing these micro-cars.

It is also a reflection of the scale of the impact these vehicles have, as these are not widely used and are limited in terms of number of sales across Europe.

The rapporteur therefore recommends to support a deadline for transition of 2024, in line with the independent recommendation.

Elsewhere the rapporteur recommends few alterations to the Commission's proposal.

It should be noted that the Council has reviewed the Commission proposal already and has adopted a General Approach. In the General Approach they have made some other amendments which improve upon the drafting and correct errors or omissions.

The rapporteur has therefore proposed to take over those alterations following a discussion with the Commission, who agree that these revisions are technical corrections.

With the aim being to adopt this report as early as possible, in order that manufacturers are able to plan their production in line with the legal requirements, it makes sense to limit the need for drafting negotiations between the Council and Parliament where these are not necessary.

The rapporteur has considered amendments tabled by other Committees by way of opinion; however he does not consider them to be necessary. Issues such as anti-tampering and defeat devices are already the subject of legal obligations in the Articles within the 2013 Regulation and subsequent delegated acts, including the most recent delegated act adopted this year. It is therefore a different situation compared to some recent scenarios elsewhere in the motor vehicle acquis and in the rapporteur's opinion these amendments are already covered by the law as it stands.

OPINION of the Committee on the Environment, Public Health and Food Safety (17.9.2018)

for the Committee on the Internal Market and Consumer Protection

Rapporteur for opinion: Adina‑Ioana Vălean

AMENDMENT

The Committee on the Environment, Public Health and Food Safety calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

deleted

Amendment 2

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

deleted

Amendment 3

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) Enduro and trial motorcycles have a short lifetime and are very similar in nature and use to heavy all-terrain quad (L7e-B) which are exempted from the OBD system stage II requirement. That exemption should therefore be extended to enduro and trial motorcycles.

deleted

Amendment 4

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

Amendment 5

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 168/2013

Article 21 – paragraph 1


Text proposed by the Commission	Amendment
1. L-category vehicles, with the exception of L1e, L2e and L6e vehicles, shall be equipped with an OBD system which complies with the functional requirements and test procedures laid down in the delegated acts adopted pursuant to paragraph 8 and as from the application dates set out in Annex IV.	1. L-category vehicles, with the exception of L1e, L2e and L6e vehicles, shall be equipped with an OBD system which complies with the functional requirements and test procedures laid down in the delegated acts adopted pursuant to paragraph 8 and as from the application dates set out in Annex IV. Manufacturers shall design and shall use the OBD system in such a way that does not allow for tampering or deliberate manipulation by economic operators, users, or any other party.

Amendment 6

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 168/2013

Article 21 – paragraph 1 a (new)


Text proposed by the Commission	Amendment
	1a. Emissions from an OBD system shall not systematically diverge from the tested emissions performance when those L-category vehicles are operated under conditions that can reasonably be expected to be encountered in a normal operation and use.

Amendment 7

Proposal for a regulation

Annex – paragraph 1 – point a

Regulation (EU) No 168/2013

Annex IV – points 1.1.2.1., 1.1.2.2. and 1.1.2.3


Text proposed by the Commission
‘1.1.2.1.	Euro 4: Annex VI A1	L1e, L2e, L6e	1.1.2017		1.1.2018	31.12.2020; for L2e-U and L6e-B: 31.12.2022
1.1.2.2.	Euro 4: Annex VI A1	L3e,L4e,L5e, L7e	1.1.2016		1.1.2017	31.12.2020; for L3e-AxE and L3e-AxT 31.12.2022
1.1.2.3.	Euro 5: Annex VI A2	L1e-L7e	1.1.2020; for L2e-U; L3e-AxE ; L3e-AxT and L6e-B: 1.1.2022		1.1.2021; for L2e-U; L3e-AxE; L3e-AxT and L6e-B: 1.1.2023	’;

Amendment
‘1.1.2.1.	Euro 4: Annex VI A1	L1e, L2e, L6e	1.1.2017	1.1.2018		31.12.2020
1.1.2.2.	Euro 4: Annex VI A1	L3e,L4e,L5e, L7e	1.1.2016	1.1.2017		31.12.2020
1.1.2.3.	Euro 5: Annex VI A2	L1e-L7e	1.1.2020	1.1.2021;

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title	Application of the Euro 5 step to the type-approval of two- or three- wheel vehicles and quadricycles
References	COM(2018)0137 – C8-0120/2018 – 2018/0065(COD)
Committee responsible Date announced in plenary	IMCO 16.4.2018
Opinion by Date announced in plenary	ENVI 16.4.2018
Rapporteur Date appointed	Adina-Ioana Vălean 25.4.2018
Date adopted	13.9.2018
Result of final vote	+: –: 0:	30 4 0
Members present for the final vote	Marco Affronte, Margrete Auken, Catherine Bearder, Simona Bonafè, Paul Brannen, Soledad Cabezón Ruiz, Nessa Childers, Birgit Collin-Langen, Miriam Dalli, Seb Dance, José Inácio Faria, Elisabetta Gardini, Jens Gieseke, Sylvie Goddyn, Françoise Grossetête, Jytte Guteland, Urszula Krupa, Jiří Maštálka, Rory Palmer, Massimo Paolucci, Gilles Pargneaux, Bolesław G. Piecha, John Procter, Annie Schreijer-Pierik, Davor Škrlec, Nils Torvalds, Adina-Ioana Vălean, Damiano Zoffoli
Substitutes present for the final vote	Linnéa Engström, Elena Gentile, Bart Staes, Tiemo Wölken
Substitutes under Rule 200(2) present for the final vote	Tonino Picula, Lieve Wierinck

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

30	+
ALDE	Catherine Bearder, Nils Torvalds, Lieve Wierinck
GUE/NGL	Jiří Maštálka
PPE	Birgit Collin Langen, José Inácio Faria, ELisabetta Gardini, Jens Gieseke, Françoise Grossetête, Annie Schreijer Pierik, Adina Ioana Vălean
S&D	Simona Bonafè, Paul Brannen, Soledad Cabezón Ruiz, Nessa Childers, Miriam Dalli, Seb Dance, Elena Gentile, Jytte Guteland, Rory Palmer, Massimo Paolucci, Gilles Pargneaux, Tonino Picula, Tiemo Wölken, Damiano Zoffoli
VERTS/ALE	Marco Affronte, Margrete Auken, Linnéa Engström, Davor Škrlec, Bart Staes

4	-
ECR	Urszula Krupa, Bolesław G. Piecha, John Procter
ENF	Sylvie Goddyn

0	0

Key to symbols:

+ : in favour

- : against

0 : abstention

PROCEDURE – COMMITTEE RESPONSIBLE

Title	Application of the Euro 5 step to the type-approval of two- or three- wheel vehicles and quadricycles
References	COM(2018)0137 – C8-0120/2018 – 2018/0065(COD)
Date submitted to Parliament	19.3.2018
Committee responsible Date announced in plenary	IMCO 16.4.2018
Committees asked for opinions Date announced in plenary	ENVI 16.4.2018	ITRE 16.4.2018	TRAN 16.4.2018
Not delivering opinions Date of decision	ITRE 24.4.2018	TRAN 29.8.2018
Rapporteurs Date appointed	Daniel Dalton 16.5.2018
Simplified procedure - date of decision	16.5.2018
Discussed in committee	24.9.2018
Date adopted	17.10.2018
Date tabled	19.10.2018

Last updated: 7 November 2018

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