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Procedure : 2011/0409(COD)
Document stages in plenary
Document selected : A7-0435/2012

Texts tabled :

A7-0435/2012

Debates :

PV 05/02/2013 - 15

Votes :

PV 06/02/2013 - 7.2
CRE 06/02/2013 - 7.2

Texts adopted :

P7_TA(2013)0041

Texts adopted
Wednesday, 6 February 2013 - Strasbourg Provisional edition
Sound level of motor vehicles ***I
P7_TA-PROV(2013)0041A7-0435/2012

European Parliament legislative resolution of 6 February 2013 on the proposal for a regulation of the European Parliament and of the Council on the sound level of motor vehicles (COM(2011)0856 – C7-0487/2011 – 2011/0409(COD))

(Ordinary legislative procedure: first reading)

The European Parliament ,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0856),

–  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 (C7-0487/2011),

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

–  having regard to the opinion of the European Economic and Social Committee of 25 April 2012(1) ,

–  having regard to Rules 55 of its Rules of Procedure,

–  having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Internal Market and Consumer Protection and the Committee on Transport and Tourism (A7-0435/2012),

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

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

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

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a regulation
Recital 1
(1)  The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital must be ensured. To that end a comprehensive Union type-approval system for motor vehicles is in place. The technical requirements for the type-approval of motor vehicles and their exhaust systems with regard to permissible sound levels should be harmonised to avoid the adoption of requirements that differ from one Member State to another and to ensure the proper functioning of the internal market while, at the same time, providing for a high level of environmental protection and public safety.
(1)  The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital must be ensured. To that end a comprehensive Union type-approval system for motor vehicles is in place, as road vehicles are the biggest source of noise within the transport sector . The technical requirements for the type-approval of motor vehicles and their exhaust systems with regard to permissible sound levels should be harmonised to avoid the adoption of requirements that differ from one Member State to another and to ensure the proper functioning of the internal market while, at the same time, providing for a high level of environmental protection and public safety and a better quality of life and health . The Commission should also undertake an impact assessment regarding the labelling conditions applicable to air and noise pollution levels. That impact assessment should take into consideration the different types of vehicles covered by this Regulation (including electric vehicles) as well as the effect that such labelling could have on the car industry. Such labelling could be considered a useful tool for raising awareness among consumers and protecting their rights as regards transparency prior to the purchase of a vehicle.
Amendment 2
Proposal for a regulation
Recital 1 a (new)
(1a)  EU type approval requirements already apply for the purposes of relevant Union legislation governing CO 2 -emissions including Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information 1 , Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community's integrated approach to reduce CO 2 emissions from light-duty vehicles 2 , Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information , and Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO 2 emissions from light-duty vehicles 4 . The technical requirements which apply to Union legislation governing CO 2 emissions and pollutant emission limit values should be consistent with the requirements which apply to legislation governing the reduction of noise emissions. EU type-approval requirements should therefore be set in a way which ensures that these dual objectives are met.
1 OJ L 171, 29.6.2007, p. 1.
2 OJ L 140, 5.6.2009, p. 1.
3 OJ L 188, 18.7.2009, p. 1.
4 OJ L 145, 31.5.2011, p. 1.
Amendment 3
Proposal for a regulation
Recital 1 b (new)
(1b)  Traffic noise harms health in numerous ways. Protracted noise-related stress may exhaust physical reserves, disrupt the regulatory capacity of organ functions and hence limit their effectiveness. Traffic noise is a potential risk factor for the development of medical conditions and incidents such as high blood pressure and heart attacks. The effects should be further researched in the same spirit as provided for in Directive 2002/49/EC.
Amendment 4
Proposal for a regulation
Recital 6
(6)  This Regulation should therefore introduce a different method in relation to the compulsory one of Directive 70/157/EEC. That method should be based on the method published by the UNECE Working Party on Noise (GRB) in 2007 which incorporated a 2007 version of the standard ISO 362. The results of monitoring of both the old and the new test methods were submitted to the Commission.
(6)  This Regulation should therefore introduce a different method in relation to the compulsory one of Directive 70/157/EEC. That method should be based on the method published by the UNECE Working Party on Noise (GRB) in 2007 which incorporated a 2007 version of the standard ISO 362. The results of monitoring of both the old and the new test methods were submitted to the Commission. Furthermore, in order to overcome the shortcomings inherent in the previous test method, the Commission should, within 24 months of the entry into force of this Regulation, submit an impact assessment to the European Parliament and to the Council on the effective contribution of tyre rolling equipment in reducing the noise level of vehicles, focussing on the road surface impact, and the research needs in this specific field, in view of adopting a new European test method which also takes into account road surface behaviour .
Amendment 5
Proposal for a regulation
Recital 8
(8)  This Regulation should also further reduce noise limits. It should take account of Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefore, which introduced new stricter noise requirements for motor vehicle tyres. Studies highlighting the annoyance and health effects from road traffic noise, and the associated costs and benefits should also be heeded .
(8)  This Regulation should also further reduce noise limits. It should take account of Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefore, which introduced new stricter noise requirements for motor vehicle tyres and which underlined the need for a coherent and comprehensive approach to address the problem of road noise, including taking into account the significant contribution of road surfaces to road noise . That horizontal approach will more efficiently reduce the overall road traffic noise compared to a sectoral and vertical approach. The reduction of road traffic noise should also be understood as a public health objective, considering studies highlighting the annoyance and health effects from road traffic noise, and the associated costs and benefits. This Regulation should also take account of Regulation (EC) No 1222/2009 of the European Parliament and of the Council of 25 November 2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters 1 . The Commission should ensure that tyres are labelled with respect to their noise performance. In addition, the comparability of modes of transport from the point of view of environmental noise should be taken into account.
1 OJ L 342, 22.12.2009, p. 46.
Amendment 6
Proposal for a regulation
Recital 8 a (new)
(8a)  The Commission should publish ‘silent road’ guidelines, addressed to road authorities in order to provide them with a useful tool to comply with requirements for more sustainable road infrastructure.
Amendment 7
Proposal for a regulation
Recital 8 b (new)
(8b)  The Sixth Environment Action Programme set out the framework for environmental policy-making in the Union for the period 2002-2012. The programme called for actions in the field of noise pollution to substantially reduce the number of people regularly affected by long-term average levels of noise, particularly from traffic.
Amendment 8
Proposal for a regulation
Recital 8 c (new)
(8c)  Technical measures to reduce the sound level of motor vehicles have to meet a set of competing requirements, such as those of reducing noise and pollutant emissions and improving safety whilst keeping the vehicle in question as cheap and effective as possible. In attempting to meet all these requirements equally and strike a balance between them, the automobile industry all too often runs up against the limits of what is currently physically feasible. Automobile designers have repeatedly managed to push those limits back by using new, innovative materials and methods. Legislation must set a clear framework for innovation in a realistic time frame. This Regulation establishes just such a framework and thus provides an immediate incentive for innovation in keeping with the needs of society, whilst in no way restricting the economic freedom so vital to the industry.
Amendment 9
Proposal for a regulation
Recital 8 d (new)
(8d)  Noise pollution is primarily a local problem, but one which calls for a Union-wide solution. After all, the first step in any sustainable noise emissions policy must be to devise measures to reduce sound levels at source. The noise source, that is the motor vehicle, which is the target of this Regulation, is by definition a mobile one, so that purely national measures would not be sufficient.
Amendment 10
Proposal for a regulation
Recital 8 e (new)
(8e)  Major steps can be taken to develop and enhance infrastructure in a manner that maximises vehicle noise reduction, such as through the large-scale use of noise barriers.
Amendment 11
Proposal for a regulation
Recital 9 a (new)
(9a)  The provision of information on sound emissions to consumers, fleet managers and public authorities may influence purchasing decisions and accelerate the transition to a quieter vehicle fleet. In order to provide the necessary information to consumers the manufacturer should provide information on noise levels of vehicles in accordance with harmonised testing methods at the point of sale and in technical promotional material. A label, comparable to the labels used for information on CO 2 emissions, fuel-consumption and tyre-noise, should inform consumers of the sound emissions of a vehicle.
Amendment 12
Proposal for a regulation
Recital 9 b (new)
(9b)  In order to reduce road traffic noise, public authorities may put in place measures and incentives to accelerate the purchase and use of quieter vehicles.
Amendment 13
Proposal for a regulation
Recital 9 c (new)
(9c)  Vehicle noise levels are partially dependent on the environment in which the vehicles are travelling, in particular the quality of the road infrastructure and how smart traffic management systems are. Thought should therefore be given to adopting an integrated approach, in particular in the noisiest urban areas and in cases where swift action is required.
Amendment 14
Proposal for a regulation
Recital 9 d (new)
(9d)  When cars are driven at average speeds below 45 km/h the loudest noises are those generated by the engine and exhaust, and when they are driven at higher speeds tyre and wind noise are the loudest. These noises are generated regardless of engine type and power. Developments in vehicle design since the 1970s have made engines much quieter, but on average more powerful and heavier. Heavier engines and more elaborate safety features have served to increase the overall weight of vehicles, creating a need to increase the area of tyre which comes into contact with the road surface, in order to improve vehicle stability. Every increase in the width of that contact area leads to an increase in tyre noise.
Amendment 15
Proposal for a regulation
Recital 9 e (new)
(9e)  Noise is a multifaceted issue with multiple sources and factors that affect the sound received by people and the impact upon them. Legislation to reduce traffic noise needs to reflect these aspects by taking account of engine, vehicle and tyre noise, road surface, driving behaviour and traffic management and must be addressed in legislation such as the Regulation 1222/2009/EC of the European Parliament and of the Council of 25 November 2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters 1 and Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise 2 .
1 OJ L 342, 22.12.2009, p. 46.
2 OJ L 189, 18.7.2002, p. 12.
Amendment 16
Proposal for a regulation
Recital 10 a (new)
(10a)  The Commission should examine the potential of active safety systems in more silent vehicles such as hybrid and electric vehicles to better serve the objective of improving the safety of vulnerable road users in urban areas, such as blind, visually and auditorily challenged pedestrians, cyclists and children.
Amendment 17
Proposal for a regulation
Recital 10 b (new)
(10b)  Vehicle noise levels have a direct impact on the quality of life of Union citizens, in particular in urban areas in which there is little or no electric and/or underground public transport provision, cycling or walking. The target of doubling the number of public transport users that the European Parliament set in its resolution of 15 December 2011 on the Roadmap to a Single European Transport Area 1 should also be taken into account. The Commission and the Member States should, in accordance with the subsidiarity principle, promote public transport, walking and cycling, with a view to reducing noise pollution in urban areas.
1 Texts adopted, P7_TA(2011)0584.
Amendment 18
Proposal for a regulation
Recital 10 c (new)
(10c)  Information relating to noise, including test data, should be made available and clearly displayed at points of sale and in promotional materials for vehicles.
Amendment 19
Proposal for a regulation
Recital 10 d (new)
(10d)  A vehicle's noise level is partially dependent on how it is used and how well it is maintained following its purchase. In this connection, steps should be taken to raise public awareness in the Union of the importance of adopting a smooth driving style and keeping within the speed limits in force in each Member State.
Amendment 20
Proposal for a regulation
Recital 12
(12)  In order to enable the Commission to replace the technical requirements of this Regulation with a direct reference to UNECE Regulations No 51 and No 59 once the limit values relating to the new test method are laid down in those Regulations, or to adapt those requirements to technical and scientific developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the amendment of the provisions in Annexes to this Regulation related to the test methods and sound levels. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
(12)  In order to enable the Commission to adapt the technical requirements of this Regulation to technical and scientific developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend the Annexes to this Regulation related to EU type-approval procedures in respect of sound level of vehicle types and of exhaust systems, methods and instruments for measuring the noise made by motor vehicles, silencing systems, compressed air noise, checks on conformity of production, specifications for test sites, measuring methods for additional sound emission provisions, and measures ensuring the audibility of hybrid and electric vehicles. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work including at expert level . The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 21
Proposal for a regulation
Recital 12 a (new)
(12a)  Addressing the problem of noise at source, the aim of this Regulation, offers less potential for noise reduction than measures to change the composition of road surfaces, which is what vehicle tyres come into contact with. The latter form of noise reduction would be technically much more straightforward. Existing types of asphalt, such as whisper asphalt, asphalt with noise-reducing properties or noise-optimised asphalt, employed as part of a holistic approach combining a series of simple construction measures, can already be used to reduce noise levels by 10db on a local basis. This Regulation does not employ this effective approach to the problem of local sources of noise, since it would impose a severe burden on public budgets, in particular those of local authorities. This would be difficult to justify at a time of fiscal crisis and would also encroach on regional and structural policy.
Amendment 22
Proposal for a regulation
Article 3 – point 2
(2) ‘vehicle type’ means a set of vehicles as defined in Annex II Part B to Directive 2007/46/EC.
(2) ‘vehicle type’ means:
(a) for vehicles tested according to Annex II, paragraph 4.1.2.1. a set of vehicles as defined in Annex II Part B to Directive 2007/46/EC;
(b) for vehicles tested according to Annex II, paragraph 4.1.2.2. a set of vehicles which do not essentially differ in such respects as:
(i) the shape or materials of the bodywork (particularly the engine compartment and its soundproofing);
(ii) the type of engine (e.g. positive or compression ignition, two- or four-stroke, reciprocating or rotary piston), number and capacity of cylinders, type of injection system, arrangement of valves, rated engine speed (S), or the type of electric motor;
(iii) vehicles having the same type of engine and/or different overall gear ratios, may be regarded as vehicles of the same type.
However, if the above differences provide for a different test method, these differences are to be considered as a change of type.

Amendment 23
Proposal for a regulation
Article 3 – point 21 a (new)
(21a) ‘point of sale’ means a location where vehicles are stored and offered for sale to consumers;
Amendment 24
Proposal for a regulation
Article 3 – point 21 b (new)
(21b) ‘technical promotional material’ means technical manuals, brochures, leaflets and catalogues (whether these appear in printed, electronic or online form), as well as websites, the purpose of which is to promote vehicles to the general public.
Amendment 25
Proposal for a regulation
Article 4 – paragraph 3 a (new)
3a.  When performing technical checks on vehicles, Member States shall measure the noise level on the basis of data in the EU type approval for each type of vehicle.
Amendment 26
Proposal for a regulation
Article 4 a (new)
Article 4a

Monitoring

Member States shall, in accordance with Regulation EC (No) 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products 1 , guarantee effective monitoring of their markets. They shall carry out appropriate checks on the characteristics of products on an adequate scale, in accordance with the principles set out in Article 19(1) of that Regulation.

1 OJ L 218, 13.8.2008, p. 30.
Amendment 27
Proposal for a regulation
Article 5 – paragraph 2
2.  Manufacturers shall ensure that the noise reduction system is designed, constructed and assembled so as to be able to reasonably resist the corrosive phenomena to which it is exposed having regard to the conditions of use of the vehicle.
2.  Manufacturers shall ensure that the noise reduction system is designed, constructed and assembled so as to be able to reasonably resist the corrosive phenomena to which it is exposed having regard to the conditions of use of the vehicle and to regional climate differences .
Amendment 28
Proposal for a regulation
Article 6
The sound level measured in accordance with the provisions of Annex II shall not exceed the limits set out in Annex III.

The testing conditions laid down in Annex II shall take into account typical on-road driving conditions and the testing requirements of other essential components of the vehicle, which have been already covered by Regulation (EC) No 661/2009. The sound level measured in accordance with the provisions of Annex II and rounded to the nearest integer shall not exceed the limits set out in Annex III.

Amendment 29
Proposal for a regulation
Article 7
Within three years following the date referred to in Annex III, third column, phase 1, to this Regulation, the Commission shall carry out a detailed study to ascertain whether the noise limits prove to be appropriate . On the basis of the conclusions of the study , the Commission may , where appropriate, present proposals for amendment to this Regulation .

Following the date referred to in Annex III, third column, phase 1, to this Regulation, the Commission shall complete a review of the noise limits in Annex III . That review shall include an impact assessment which includes an overall assessment of the impact on the car industry and in particular its dependent industries, taking into account the influence of other Regulations - such as those in the field of CO 2 emissions reductions and safety - on the sound level of motor vehicles. On the basis of such a review and its impact assessment , the Commission shall , if appropriate, make a proposal to amend this Regulation in a way that is as neutral as possible from the point of view of competition . The limit values referred to in Annex III, fourth column, phase 2, shall enter into force six years after confirmation of the impact assessment and completion of the review process of the Commission.

Amendment 30
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Proposals for amendments to this Regulation submitted pursuant to paragraph 1 shall take account of new standards established by the International Organisation for Standardisation, in particular standard ISO 10844:2011.

Amendment 31
Proposal for a regulation
Article 8 – paragraph 1 – subparagraphs 1 a and 1 b (new)
Vehicles shall automatically meet the requirements of Annex X if the vehicle manufacturer submits to the type-approval authority technical documents showing the difference between the maximum and minimum engine speed of the vehicles at BB'17 ≤ 0,15 x S, for any test condition inside the ASEP control range defined in point 3.3. of Annex VIII with respect to the conditions set out in Annex II.

Vehicles of category N1 are exempted from ASEP if one of the following conditions is met:

(a)  Engine capacity ≤ 660 ccm and power-to-mass ratio PMR calculated by using the maximum authorised vehicle mass ≤ 35;
(b)  Payload ≥ 850 kg and power-to-mass ratio PMR calculated by using the maximum authorised vehicle mass ≤ 40.
Amendment 32
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 a (new)
Vehicles of category N1 are exempted from ASEP if one of the following conditions is fulfilled:

(a)  The engine capacity is not exceeding 660 ccm and the power-to-mass ratio PMR calculated by using the maximum authorised vehicle mass is not exceeding 35;
(b)  The payload is at least 850 kg and the power-to-mass ratio PMR calculated by using the maximum authorised vehicle mass is not exceeding 40.
Amendment 33
Proposal for a regulation
Article 8 – paragraph 2
2.  The sound emission of the vehicle under typical on-road driving conditions, which are different from those under which the type-approval test set out in Annex II was carried out, shall not deviate from the test result in an unreasonable manner .
2.  The sound emission of the vehicle under typical on-road driving conditions, which are different from those under which the type-approval test set out in Annex II was carried out, shall not deviate from the test result.
Amendment 34
Proposal for a regulation
Article 8 – paragraph 3
3.  The vehicle manufacturer shall not intentionally alter, adjust, or introduce any mechanical, electrical, thermal, or other device or procedure solely for the purpose of fulfilling the noise emission requirements under this Regulation which is not operational during typical on-road operation under conditions applicable to ASEP.
3.  The vehicle manufacturer shall not intentionally alter, adjust, or introduce any mechanical, electrical, thermal, or other device or procedure solely for the purpose of fulfilling the noise emission requirements under this Regulation which is not operational during typical on-road operation under conditions applicable to ASEP. These measures are typically referred to as ‘cycle beating’.
Amendment 35
Proposal for a regulation
Article 8 – paragraph 5
5.  In the application for type-approval, the manufacturer shall provide a statement, established in accordance with the model set out in Appendix 1 of Annex VIII, that the vehicle type to be approved complies with the requirements of Article 8(1) and 8(2).
5.  In the application for type-approval, the manufacturer shall provide a statement, supported by the outcome of appropriate test results, established in accordance with the model set out in Appendix 1 of Annex VIII, that the vehicle type to be approved complies with the requirements of Article 8.
Amendment 36
Proposal for a regulation
Article 8 a (new)
Article 8a

Consumer information

Vehicle manufacturers and distributors shall ensure that the noise level in decibels (dB(A)) in accordance with harmonised type-approval testing methods for each vehicle is displayed in a prominent position at the point of sale and in technical promotional material.

Following a comprehensive impact assessment, the Commission shall, within two years of the entry into force of this Regulation, and in accordance with the ordinary legislative procedure, submit to the European Parliament and the Council a proposal on consumer information. Such a proposal may be integrated into Directive 1999/94/EC of the European Parliament and of the Council of 13 December 1999 relating to the availability of consumer information on fuel economy and CO 2 emissions in respect of the marketing of new passenger cars 1 .

OJ L 12, 18.1.2000, p. 16.

Amendment 37
Proposal for a regulation
Article 8 b (new)
Article 8b

Road surface classification and quality

The Commission shall in line with the timescales for review laid down in Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise 1 , assess the possibility of introducing a road classification system which characterises the typical rolling sound on every road in the European Union, and if appropriate submit to the European Parliament and the Council a proposal in accordance with the ordinary legislative procedure.

The Commission shall consider incorporating a requirement on Member States to provide information about road surface qualities in the strategic noise maps provided for in Directive 2002/49/EC.

1 OJ L 189, 18.7.2002, p. 12.
Amendment 66
Proposal for a regulation
Article 9
Where manufacturers choose to install an AVAS in vehicles, the requirements of Annex X shall be fulfilled.

Manufacturers shall install AVAS in vehicles. The sound to be generated by the AVAS shall be a continuous sound that provides information to pedestrians and vulnerable road users of a vehicle in operation. The sound shall be easily indicative of vehicle behaviour and could sound similar to the sound of a vehicle of the same category equipped with an internal combustion engine, and operating under the same conditions, and the requirements of Annex IX shall be fulfilled.

The Commission shall, within one year of the entry into force of this Regulation, assess the need to review this Regulation, taking into account, inter alia, whether active safety systems can better serve the objective of improving the safety of vulnerable road users in urban areas, in addition to, or as compared to acoustic vehicle alerting systems and shall, where appropriate, and in accordance with the ordinary legislative procedure, submit to the European Parliament and Council a proposal which makes provision for a maximum sound level for AVAS installed in vehicles.

Amendment 39
Proposal for a regulation
Article 10 – paragraph 1
1.  The Commission shall be empowered to adopt delegated acts to amend Annexes I to XI.
1.  The Commission shall, in order to adapt the technical requirements of this Regulation to technical and scientific developments, be empowered to adopt delegated acts in accordance with Article 11 to amend Annexes I, II and IV to XII.
Amendment 40
Proposal for a regulation
Article 10 – paragraph 2
2.  When the limit values relating to the test method are laid down in UNECE Regulation No 51, the Commission shall consider replacing the technical requirements laid down in Annex III with a direct reference to the corresponding requirements of UNECE Regulations No 51 and No 59.
2.  When the limit values relating to the test method are laid down in UNECE Regulation No 51, the Commission shall assess the possibility of replacing the technical requirements laid down in Annex III with a direct reference to the corresponding requirements of UNECE Regulations No 51 and No 59, on the condition that these do not result in a weakening of the Union's environmental and health standards, and with due regard for the opinions of the European Parliament and the Council and, if appropriate, submit a proposal to the European Parliament and to the Council to amend Annex III in accordance with the ordinary legislative procedure. .
Amendment 41
Proposal for a regulation
Article 11 – paragraph 1
1.  The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in this Article.
1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
Amendment 42
Proposal for a regulation
Article 11 – paragraph 2
2.  The power to adopt delegated acts referred to in Article 10(1) shall be conferred on the Commission for an indeterminate period of time from the date of adoption of this Regulation.
2.  The power to adopt delegated acts referred to in Article 10(1) shall be conferred on the Commission for a period of five years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 43
Proposal for a regulation
Article 11 – paragraph 3
3.  The delegation of power referred to in Article 10(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal or at a later date specified therein. It shall not effect the validity of any delegated acts already in force.
3.  The delegation of power referred to in Article 10(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 44
Proposal for a regulation
Article 11 – paragraph 5
5.  A delegated act adopted pursuant to Article 10(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month at the initiative of the European Parliament or of the Council.
5.  A delegated act adopted pursuant to Article 10(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 45
Proposal for a regulation
Article 12
Article 12

deleted
Objections to delegated acts

1.  The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month.
2.  If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, or if, before that date, the European Parliament and the Council have both informed the European Commission that they have decided not to raise objections, the delegated act shall enter into force at the date stated in its provisions.
3.  If the European Parliament or the Council objects to the adopted delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.
Amendment 46
Proposal for a regulation
Article 13
Article 13

deleted
Urgency procedure

1.  Delegated acts adopted under Article 10(1) shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.
2.  Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 11(5). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or the Council.
Amendment 47
Proposal for a regulation
Annex I – point 5.2.2. a (new)
5.2.2.a The limit values set out in the table in Annex III apply with a reasonable tolerance margin during measurement.
Amendment 48
Proposal for a regulation
Annex II – point 3.2.1. – first sentence
3.2.1.  The vehicle tested shall be selected in a way so that all vehicles of the same type which are put on the market fulfil the requirements of this Regulation.
3.2.1.  The vehicle tested shall be representative of vehicles to be put on the market as specified by the manufacturer.
Amendment 49
Proposal for a regulation
Annex II – point 3.2.2.
Text proposed by the Commission

Amendment

3.2.2.  Tyre rolling sound emissions are laid down in Regulation (EC) No 661/2009 on the general safety of motor vehicles. The tyres to be used for the test shall be representative for the vehicle and shall be selected by the vehicle manufacturer and recorded in Appendix 3 to Annex I of this Regulation. They shall correspond to one of the tyre sizes designated for the vehicle as original equipment. The tyre is or will be commercially available on the market at the same time as the vehicle. 2/ The tyres shall be inflated to the pressure recommended by the vehicle manufacturer for the test mass of the vehicle. The tyres shall have at least legal tread depth.
3.2.2.  Tyre rolling sound emissions are laid down in Regulation (EC) No 661/2009 on the general safety of motor vehicles. The tyres to be used for the test shall be representative for the vehicle and shall be selected by the vehicle manufacturer and recorded in Appendix 3 to Annex I of this Regulation. They shall correspond to one of the tyre sizes designated for the vehicle as original equipment. The tyre is or will be commercially available on the market at the same time as the vehicle. 2/ The tyres shall be inflated to the pressure recommended by the vehicle manufacturer for the test mass of the vehicle. The tyres shall have legal tread depth.
2/ Given that the tyre contribution for overall sound emission is significant, regard must be had for existing regulatory provisions concerning tyre/road sound emissions. Traction tyres, snow tyres and special-use tyres shall be excluded during type-approval- and conformity of production measurements at the request of the manufacturer in accordance with UNECE Regulation No. 117 (OJ L 231, 29.8.2008, p. 19) .
2/ Given that the tyre contribution for overall sound emission is significant, regard must be had for existing regulatory provisions concerning tyre/road sound emissions. Traction tyres, snow tyres and special-use tyres shall be excluded during type-approval- and conformity of production measurements at the request of the manufacturer in accordance with the latest amendments to ECE R117 .
Amendment 50
Proposal for a regulation
Annex II – point 4.1.2.1.4.1. – points a, b and c
(a)  If one specific gear ratio gives an acceleration in a tolerance band of ?± 5 % of the reference acceleration awot ref, not exceeding 3,0 m/s 2 , test with that gear ratio.
(a)  If one specific gear ratio gives an acceleration in a tolerance band of ?± 5 % of the reference acceleration awot ref, not exceeding 2,0 m/s 2 , test with that gear ratio.
(b)  If none of the gear ratios give the required acceleration, then choose a gear ratio i, with an acceleration higher and a gear ratio i + 1, with an acceleration lower than the reference acceleration. If the acceleration value in gear ratio i does not exceed 3,0 m/s 2 , use both gear ratios for the test. The weighting ratio in relation to the reference acceleration awot  ref is calculated by:
(b)  If none of the gear ratios give the required acceleration, then choose a gear ratio i, with an acceleration higher and a gear ratio i + 1, with an acceleration lower than the reference acceleration. If the acceleration value in gear ratio i does not exceed 2,0 m/s 2 , use both gear ratios for the test. The weighting ratio in relation to the reference acceleration awot  ref is calculated by:
k = (a wot ref - a wot (i+1) ) / (a wot (i) - a wot (i+1) )
k = (a wot ref - a wot (i+1) ) / (a wot (i) - a wot (i+1) )
(c) if the acceleration value of gear ratio i exceeds 3.0 m/s 2 , the first gear ratio shall be used that gives an acceleration below 3.0 m/s 2 unless gear ratio i + 1 provides acceleration less than aurban . In this case, two gears, i and i + 1 shall be used, including the gear i with acceleration exceeding 3.0 m/s 2 . In other cases, no other gear shall be used. The achieved acceleration awot test during the test shall be used for the calculation of the part power factor kP instead of awot ref .
(c) if the acceleration value of gear ratio i exceeds 2.0 m/s 2 , the first gear ratio shall be used that gives an acceleration below 2.0 m/s 2 unless gear ratio i + 1 provides an acceleration less than aurban . In this case, two gears, i and i + 1 shall be used, including the gear i with the acceleration exceeding 2.0 m/s 2 . In other cases, no other gear shall be used. The achieved acceleration awot test during the test shall be used for the calculation of the part power factor kP instead of awot ref .
Amendment 61
Proposal for a regulation
Annex III

Text proposed by the Commission

Annex III

Limit values

The sound level measured in accordance with the provisions of Annex II shall not exceed the following limits:

Vehicle category

Description of vehicle category

Limit values

expressed in dB(A)

[decibels(A)]

Limit values for Type-approval of new vehicle types

Limit values for Type-approval of new vehicle types

Limit values for registration, sale and entry into service of new vehicles

Phase 1 valid from

[2 years after publication]

Phase 2 valid from

[5 years after publication]

Phase 3 valid from

[7 years after publication]

General

Off-road *

General

Off-road *

General

Off-road *

M

Vehicles used for the carriage of passengers

M 1

no of seats ≤ 9

70

71**

68

69**

68

69**

M 1

no of seats ≤ 9;

power to mass ratio > 150 kW/ton

71

71

69

69

69

69

M 2

no of seats > 9; mass ≤ 2 tons

72

72

70

70

70

70

M 2

no of seats > 9; 2 tons < mass ≤ 3.5 tons

73

74

71

72

71

72

M 2

no of seats > 9; 3.5 tons < mass ≤ 5 tons;

rated engine power < 150 kW

74

75

72

73

72

73

M 2

no of seats > 9; 3.5 tons < mass ≤ 5 tons;

rated engine power ≥ 150 kW

76

78

74

76

74

76

M 3

no of seats > 9; mass > 5 tons;

rated engine power < 150 kW

75

76

73

74

73

74

M 3

no of seats > 9; mass > 5 tons;

rated engine power ≥ 150 kW

77

79

75

77

75

77

N

Vehicles used for the carriage of goods

N 1

mass ≤ 2 tons

71

71

69

69

69

69

N 1

2 tons < mass ≤ 3.5 tons

72

73

70

71

70

71

N 2

3.5 tons < mass ≤ 12 tons;

rated engine power < 75 kW

74

75

72

73

72

73

N 2

3.5 tons < mass ≤ 12 tons;

75 ≤ rated engine power < 150 kW

75

76

73

74

73

74

N 2

3.5 tons < mass ≤ 12 tons;

rated engine power ≥ 150 kW

77

79

75

77

75

77

N 3

mass > 12 tons;

75 ≤ rated engine power < 150 kW

77

78

75

76

75

76

N 3

mass > 12 tons;

rated engine power ≥ 150 kW

80

82

78

80

78

80

*

Increased limit values shall only be valid if the vehicle complies with the relevant definition for off-road vehicles set out in point 4 of Section A of Annex II to EU Directive 2007/46/EC.

**

For M 1 vehicles the increased limit values for off-road vehicles are only valid if the maximum authorised mass > 2 tonnes.

Amendment

Annex III

Limit values

The sound level measured in accordance with the provisions of Annex II, and rounded down to the nearest integer when the fractional part is less than 0.5 and rounded up to the nearest integer if the fractional part is equal or greater than 0.5, shall not exceed the following limits:

Vehicle category

Description of vehicle category

Limit values for Type-approval of new vehicle types expressed in dB(A)

[decibels(A)]*

Limit values for type-approval of both new vehicle types and for registration, sale and entry into service of new vehicles expressed in dB(A)

[decibels(A)]*

Phase 1 valid from

[6 years after publication]

Phase 2 valid from

[ 8 years after publication]

M

Vehicles used for the carriage of passengers

M 1

no of seats ≤ 9; ≤ 125 kW/ton

68

68

no of seats ≤ 9; 125kW/ton < power to mass ratio ≤ 150kW/ton

70

70

no of seats ≤ 9;power to mass ratio > 150kW/ton

73

73

M 1

no of seats ≤ 4 including driver; power to mass ratio > 200 kw/ ton; R point of the driver seat < 450mm from ground

74

74

M 2

no of seats > 9; mass ≤ 2.5 tons

69

69

no of seats > 9; 2, 5 tons < mass < 3.5 tons

72

72

no of seats > 9; 3.5 tons < mass < 5 tons;

75

75

M 3

no of seats > 9; mass > 5 tons; rated engine power ≤ 180kW

74

74

no of seats > 9; mass > 5 tons; 180 kW < rated engine power ≤ 250kW

77

77

no of seats > 9; mass > 5 tons; rated engine power > 250kW

78

78

N

Vehicles used for the carriage of goods

N 1

mass < 2.5 tons

69

69

2.5 tons < mass < 3.5 tons

71

71

N 2

3.5 tons < mass < 12 tons;

rated engine power < 150 kW

75

75

3,5 tons < mass ≤ 12 tons ;rated engine power > 150kW

76

76

N 3

mass > 12 tons;rated engine power ≤180kW

77

77

mass > 12 tons;180 < rated engine power ≤250kW

79

79

mass > 12 tons;rated engine power >250 kW

81

81

*

Limit values shall be increased by 1dB for vehicles that meet the relevant definition for off-road vehicles set out in point 4 of Section A of Annex II to EU Directive 2007/46/EC.

Amendment 52
Proposal for a regulation
Annex VI – point 3 – paragraph 1
One vehicle has to be chosen and subjected to the tests set out in point 2. If the test results fulfil the COP requirements of Annex X of Directive 2007/46/EC, the vehicle shall be considered to be in compliance with the COP provisions.

One vehicle has to be chosen and subjected to the tests set out in point 2. If the test results fulfil the COP requirements of Annex X of Directive 2007/46/EC, the vehicle shall be considered to be in compliance with the COP provisions. The applicable COP requirements are the limit values laid down in Annex III with an additional margin of 1 dB(A).

Amendment 53
Proposal for a regulation
Annex VII – point 1 – footnote 1
1 / ISO10844:1994.
1 /For the first five years after the entry into force of this Regulation, manufacturers may either use test tracks certified according to ISO 10844:1994 or ISO 10844:2011 . After that date manufacturers shall use test tracks complying with ISO 10844:2011 only.
Amendment 54
Proposal for a regulation
Annex VII – point 3.2.2. – paragraph 2 – introductory part
In addition to the requirements set out under points 1 to 3.2.2, the following requirements shall be fulfilled:

In addition to the requirements set out under points 1 to 3.2.2, the following requirements of ISO 10844:2011 shall be fulfilled or a reference should be made to ISO 10844 :1994 for a transitional period of 5 years:

Amendment 55
Proposal for a regulation
Annex VII – point 4.3. – paragraph 1
For the purpose of this standard, texture depth measurements shall be made on at least 10 positions evenly spaced along the wheel tracks of the test strip and the average value taken to compare with the specified minimum texture depth. See ISO 10844:1994 for the description of the procedure.

For the purpose of this standard, texture depth measurements shall be made on at least 10 positions evenly spaced along the wheel tracks of the test strip and the average value taken to compare with the specified minimum texture depth. See ISO10844:2011 for the description of the procedure.

Amendment 56
Proposal for a regulation
Annex VIII – point 2.3. – line 4 ‘Vehicle acceleration’
Vehicle acceleration awot ASEP: awot5,0 m/s2

Vehicle acceleration awot ASEP: awot4,0 m/s2

Amendment 57
Proposal for a regulation
Annex VIII – point 2.4. –paragraph 2a (new)
In order for the ASEP test to be representative and repeatable (to the Type Approval Authority), the vehicles shall be tested using production gearbox calibration.

Amendment 58
Proposal for a regulation
Annex IX – part A – point 1 – paragraph 1
Acoustic Vehicle Alerting System (AVAS) is a sound generating device designed to inform pedestrians and vulnerable road users.

Acoustic Vehicle Alerting System (AVAS) is a system for hybrid electric and electric road transport vehicles, which provides vehicle operation information to pedestrians and vulnerable road users.

Amendment 59
Proposal for a regulation
Annex IX – part A – point 4 – point a
(a)  The sound to be generated by the AVAS should be a continuous sound that provides information to the pedestrians and vulnerable road users of a vehicle in operation.
(a)  The sound to be generated by the AVAS should be a continuous sound that provides information to the pedestrians and vulnerable road users of a vehicle in operation. The sound should be easily indicative of vehicle behaviour and should sound similar to the sound of a vehicle of the same category equipped with an internal combustion engine .
However, the following and similar types of sounds are not acceptable:

(i)  Siren, horn, chime, bell and emergency vehicle sounds
(ii)  Alarm sounds e.g. fire, theft, smoke alarms
(iii)  Intermittent sound
The following and similar types of sounds should be avoided:

(iv)  Melodious sounds, animal and insect sounds
(v)  Sounds that confuse the identification of a vehicle and/or its operation (e.g. acceleration, deceleration etc.)
Amendment 60
Proposal for a regulation
Annex IX – part A – point 4 – points b and c
(b)  The sound to be generated by the AVAS should be easily indicative of vehicle behaviour, for example, through the automatic variation of sound level or characteristics in synchronization with vehicle speed.
(b)  The sound to be generated by the AVAS must be easily indicative of vehicle behaviour and direction of travel , for example, through the automatic variation of sound level or characteristics in synchronization with vehicle speed.
(c)  The sound level to be generated by the AVAS should not exceed the approximate sound level of a similar vehicle of the same category equipped with an internal combustion engine and operating under the same conditions.
(c)  The sound level to be generated by the AVAS may not exceed the approximate sound level of a similar vehicle of the same category equipped with an internal combustion engine and operating under the same conditions.
Environmental consideration:

Environmental consideration:

The development of the AVAS shall give consideration to the overall community noise impact.

The development of the AVAS shall give consideration to the overall community noise impact.

(1) OJ C 191, 29.6.2012, p. 76.

Last updated: 20 March 2013Legal notice