REPORT on the proposal for a regulation of the European Parliament and of the Council on the sound level of motor vehicles

21.12.2012 - (COM(2011)0856 – C7‑0487/2011 – 2011/0409(COD)) - ***I

Committee on the Environment, Public Health and Food Safety
Rapporteur: Miroslav Ouzký

Amendments

• 001-060 (PDF - 317 KB)
• 001-060 (DOC - 413 KB)
• 061-062 (PDF - 143 KB)
• 061-062 (DOC - 334 KB)
• 063-063/REV1 (DOC - 185 KB)
• 063-065 (PDF - 170 KB)
• 063-065 (DOC - 357 KB)
• 066-068 (PDF - 119 KB)
• 066-068 (DOC - 176 KB)
• 069-069 (PDF - 87 KB)
• 069-069 (DOC - 160 KB)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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.

Amendment                1 Proposal for a regulation Recital 1
Text proposed by the Commission	Amendment
(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. This 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)
Text proposed by the Commission	Amendment
	(1a) EU type approval requirements already apply for the purposes of relevant EU legislation governing CO2-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 information1, 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 CO2 emissions from light-duty vehicles2, 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 CO2 emissions from light-duty vehicles4. The technical requirements which apply to EU legislation governing CO2 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
Justification
Technical measures to reduce the CO2 emissions include measures to decrease the weight of a vehicle whereas technical measures to reduce the noise as sound insulations normally increase the weight of a vehicle and increase CO2 emissions. Furthermore, sound insulations reduce the noise while they increase the risk of engine fire break-out at the same time.
Amendment  3 Proposal for a regulation Recital 1 a (new)
Text proposed by the Commission	Amendment
	(1a) 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 on environmental noise.
Amendment  4 Proposal for a regulation Recital 6
Text proposed by the Commission	Amendment
(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.
Justification
Road surfaces’ type and quality also have an impact on the road traffic sound emissions. Therefore a European global approach taking into account road surface acoustic performance is needed.
Amendment  5 Proposal for a regulation Recital 8
Text proposed by the Commission	Amendment
(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. This 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 parameters1. 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.
Justification
Road surfaces’ type and quality also have an impact on the road traffic sound emissions. Therefore a European global approach taking into account road surface acoustic performance is needed.
Amendment  6 Proposal for a regulation Recital 8a (new)
Text proposed by the Commission	Amendment
	(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)
Text proposed by the Commission	Amendment
	(8b) The Sixth Environment Action Programme set out the framework for environmental policy-making in the EU 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".
Justification
The Regulation should be in line with previous aims and ambitions of the European Union.
Amendment  8 Proposal for a regulation Recital 8 c (new)
Text proposed by the Commission	Amendment
	(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)
Text proposed by the Commission	Amendment
	(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 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)
Text proposed by the Commission	Amendment
	(8e) Major steps can be taken to develop/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)
Text proposed by the Commission	Amendment
	(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 CO2 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)
Text proposed by the Commission	Amendment
	(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.
Justification
National and municipal authorities may wish to propose incentives, such as procurement standards or allowing quieter vehicles preferential access to certain areas or delivery times, to encourage the purchase and use of quieter vehicles, as a means to reduce traffic noise in sensitive areas or hotspots identified in the noise maps required by Directive 2002/49/EC relating to the assessment and management of environmental noise (OJ L 189, 18.7.2002, p.12).
Amendment  13 Proposal for a regulation Recital 9 c (new)
Text proposed by the Commission	Amendment
	(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)
Text proposed by the Commission	Amendment
	(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)
Text proposed by the Commission	Amendment
	(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, the 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 parameters1 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 noise2.
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	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 10a (new)
Text proposed by the Commission	Amendment
	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 Considérant 10 b (new)
Text proposed by the Commission	Amendment
	(10b) Vehicle noise levels have a direct impact on the quality of life of EU 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 Area1 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 on that date, P7_TA(2011)0584.
Amendment  18 Proposal for a regulation Recital 10 c (new)
Text proposed by the Commission	Amendment
	(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)
Text proposed by the Commission	Amendment
	(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 EU 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
Text proposed by the Commission	Amendment
(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.
Justification
This amendment is required to align the Commission proposal with the new standard formulation for provisions relating to delegated acts, and to specify in more detail the Annexes which should be capable of amendment by way of delegated acts.
Amendment  21 Proposal for a regulation Recital 12 a (new)
Text proposed by the Commission	Amendment
	(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, asphalts 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
Text proposed by the Commission	Amendment
(2) ‘vehicle type’ means a set of vehicles as defined in Annex II Part B to Directive 2007/46/EC.	(2) ‘vehicle type’ means:
	(i) 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;
	(ii) 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:
	– the shape or materials of the bodywork (particularly the engine compartment and its soundproofing);
	– 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.
	– 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)
Text proposed by the Commission	Amendment
	(21a) "point of sale" means a location where vehicles are stored and offered for sale to consumers;
Justification
In order to ensure that consumers have access to relevant information when considering a vehicle purchase, noise information should be made widely available (the text proposed would be consistent with Article 3 of Regulation 1222/2009 on labelling of tyres, including noise emissions).
Amendment  24 Proposal for a regulation Article 3 – point 21 b (new)
Text proposed by the Commission	Amendment
	(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.
Justification
In order to ensure that consumers have access to all relevant information when they are considering purchasing a vehicle, information on noise levels should be made widely available.
Amendment  25 Proposal for a regulation Article 4 – paragraph 3 a (new)
Text proposed by the Commission	Amendment
	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.
Justification
When performing compulsory technical checks on vehicles (to ascertain whether a vehicle’s noise emissions do not exceed the permitted levels), Member States should use the data on noise levels in the EU type approval for each type of vehicle rather than any other criteria.
Amendment  26 Proposal for a regulation Article 4 b (new)
Text proposed by the Commission	Amendment
	Article 4b
	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 market. 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 Regulation EC (No) 765/2008.
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	1 OJ L 218, 13.8.2008, p. 30.
Justification
For the purpose of good functioning of the internal market and healthy competition among industries, it is important to guarantee a high level of market observance both for products circulating within the Community and products entering from outside the EEA. Therefore Member States and their respective Market Monitoring bodies are called to check and monitor the fulfilment of requirements set out in this Regulation. This is extremely important in order to satisfy the requirements of protection of public interests such as health and safety in general, health and safety in the workplace, protection of consumers, the environment and security.
Amendment  27 Proposal for a regulation Article 5 – paragraph 2
Text proposed by the Commission	Amendment
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
Text proposed by the Commission	Amendment
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.
Justification
In accordance with better regulation principles, it is important to ensure that the testing conditions of this Regulation do not unduly impact on part manufacturers which have already made significant steps towards reducing noise emissions, in particular the tyre industry. In this context the accuracy of testing conditions needs to be underlined and “typical on-road driving conditions” should be stated as the condition for validating the limits set down in Annex III. In order to align this proposal with other EU noise legislation, the measured sound values should be reported in a systematic way. All regulations report the final result in full integer values. It is proposed that this practice be maintained in this Regulation.
Amendment  29 Proposal for a regulation Article 7
Text proposed by the Commission	Amendment
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 CO2 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, column 4 Phase 2, shall enter into force six years after confirmation of the impact assessment and completion of the review process of the Commission.
Justification
For the initial Commission proposal there was no proper impact assessment based on the required new vehicle classification. Therefore is it urgently necessary to demand an impact assessment prior to further major reduction steps. After completion of the revision process the limit values in phase 2 can enter into force respecting the well known industry lead time for technical development.
Amendment  30 Proposal for a regulation Article 7 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	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)
Text proposed by the Commission	Amendment
	1a. 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.
	1b. 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.
Justification
This AM introduces proportionate requirements for SMEs performing build-ups. Furthermore UNICE's ASEP standard is tailored to the behaviour of typical M1 vehicles, and the expert group responsible recommended exclusion for other categories. ASEP (Additional Sound Emission Provisions) are to avoid unexpected sound emissions which do not correlate with type approval test results. Since this has never been observed for N1 delivery vans this AM ensures they are excluded from ASEP special testing.
Amendment  32 Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 a (new)
Text proposed by the Commission	Amendment
	2a. 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;
Justification
The requirements for ASEP (Additional Sound Emission Provisions) are tailored for a behaviour typical for sporty retrofit systems and M1vehicles so to detect unexpected noise emission at high engine speeds. ASEP has been developed and approved by the experts group on noise of UNECE Working Party 29 of which the European Commission is a member. The same experts group has for good reasons recommended to exclude delivery vans according to (a) and (b) as mentioned above: no expected environmental benefit and economically unproportional efforts and costs for verification testing due to a much higher variety of delivery vans compared to passenger cars.
Amendment  33 Proposal for a regulation Article 8 – paragraph 2
Text proposed by the Commission	Amendment
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.
Justification
Everyday sound emissions under average circumstances shall not deviate from test results.
Amendment  34 Proposal for a regulation Article 8 – paragraph 3
Text proposed by the Commission	Amendment
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'.
Justification
Increase the clarity of the provision. The legislative intention is to stop or prevent loopholes in the regulation.
Amendment  35 Proposal for a regulation Article 8 – paragraph 5
Text proposed by the Commission	Amendment
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
Justification
Article (8) must apply in its entirety, to provide the necessary legal certainty.
Amendment  36 Proposal for a regulation Article 8a (new)
Text proposed by the Commission	Amendment
	Article 8a
	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 CO2 emissions in respect of the marketing of new passenger cars1.
	______________
	OJ L 12, 18.1.2000, p. 16
Amendment  37 Proposal for a regulation Article 8 b (new)
Text proposed by the Commission	Amendment
	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 noise1, 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
Justification
The quality of road surfaces strongly influences the rolling sound emissions of vehicles. Up to now there is no strategic approach enabling an overview of road surface quality in the EU. The above proposal would enable Member States and communities to identify areas where an improvement in the road surface makes sense and would result in a reduction in environmental noise.
Amendment  38 Proposal for a regulation Article 9
Text proposed by the Commission	Amendment
Article 9	Article 9
Where manufacturers choose to install an AVAS in vehicles, the requirements of Annex X shall be fulfilled.	Where manufacturers choose to 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
Text proposed by the Commission	Amendment
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 to II and IV to XII.
Justification
According to Article 290 of the TFEU, only non-essential elements of the legislative act may be delegated to the Commission whereas essential elements shall be reserved for the legislative act itself. The provisions in Annex III, i.e. the noise limit values and the lead time (stages), are essential elements of the proposal and shall therefore be reserved for the co-legislators. This amendment is also required to align the Commission proposal with the new standard formulation for provisions relating to delegated acts.
Amendment  40 Proposal for a regulation Article 10 – paragraph 2
Text proposed by the Commission	Amendment
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 condition that these do not result in a weakening of the EU’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..
Justification
According to Article 290 of the TFEU, only non-essential elements of the legislative act may be delegated to the Commission whereas essential elements shall be reserved for the legislative act itself. The provisions in Annex III, i.e. the noise limit values and the lead time (stages), are essential elements of the proposal and shall therefore be reserved for the co-legislators.
Amendment  41 Proposal for a regulation Article 11 – paragraph 1
Text proposed by the Commission	Amendment
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.
Justification
This amendment is required to align the Commission proposal with the new standard formulation for provisions relating to delegated acts.
Amendment  42 Proposal for a regulation Article 11 – paragraph 2
Text proposed by the Commission	Amendment
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.
Justification
The delegation of power to the Commission should be limited to a period of five years, which may be extended if certain conditions are complied with, for example that a report must be drafted and that Parliament and the Council do not oppose it. This amendment takes account of the new standard wording for delegated acts.
Amendment  43 Proposal for a regulation Article 11 – paragraph 3
Text proposed by the Commission	Amendment
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.
Justification
This amendment is required to align the Commission proposal with the new standard formulation for provisions relating to delegated acts.
Amendment  44 Proposal for a regulation Article 11 – paragraph 5
Text proposed by the Commission	Amendment
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.
Justification
This amendment is required to align the Commission proposal with the new standard formulation for provisions relating to delegated acts.
Amendment  45 Proposal for a regulation Article 12
Text proposed by the Commission	Amendment
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.
Justification
Article 12 is superfluous given the provisions of Article 11(5). This amendment would therefore align the Commission proposal with the new standard formulation for provisions relating to delegated acts.
Amendment  46 Proposal for a regulation Article 13
Text proposed by the Commission	Amendment
Urgency procedure	deleted
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.
Justification
The use of the urgency procedure has not been duly justified, either in Article 10 or the recitals, and therefore Article 13 should be deleted.
Amendment  47 Proposal for a regulation Annex I – point 5.2.2. a (new)
Text proposed by the Commission	Amendment
	5.2.2.a The limit values set forth in the table in Annex III apply with a reasonable tolerance margin during measurement.
Justification
The current provisions in all noise regulations allow a tolerance for production.
Amendment  48 Proposal for a regulation Annex II – point 3.2.1. – sentence 1
Text proposed by the Commission	Amendment
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.
Justification
The current provisions in all noise regulations allow a tolerance for production.
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.
Justification
As agreed in 2011 in the 53rd session of GRB - an expert group on noise of Working Party 29 (the Working Party responsible for developing harmonised worldwide vehicle standards) of the UNECE in Geneva, of which the European Commission is a member.
Amendment  50 Proposal for a regulation Annex II – point 4.1.2.1.4.1
Text proposed by the Commission	Amendment
4.1.2.1.4.1. Vehicles with manual transmissions, automatic transmissions, adaptive transmissions or CVTs tested with locked gear ratios	4.1.2.1.4.1. Vehicles with manual transmissions, automatic transmissions, adaptive transmissions or CVTs tested with locked gear ratios
The following conditions for selection of gear ratios are possible:	The following conditions for selection of gear ratios are possible:
(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/s2, 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/s2, 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/s2, 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/s2, 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/s2, the first gear ratio shall be used that gives an acceleration below 3.0 m/s2 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/s2. 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/s2, the first gear ratio shall be used that gives an acceleration below 2.0 m/s2unless 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/s2. 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.
Justification
Available in-use driving statistics for the development of the new Worldwide Light Duty Test Procedure (WLTP) show that an acceleration rate above 2 m/s² is not justified. Furthermore the mandatory monitoring procedure for this new Regulation between 2007 and 2010 was based on a test definition of 2 m/s².
Amendment  51 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             M1 no of seats < 9 70 71** 68 69** 68 69** M1 no of seats < 9; power to mass ratio > 150 kW/ton 71 71 69 69 69 69 M2 no of seats > 9; mass < 2 tons 72 72 70 70 70 70 M2 no of seats > 9; 2 tons < mass < 3.5 tons 73 74 71 72 71 72 M2 no of seats > 9; 3.5 tons < mass < 5 tons; rated engine power < 150 kW 74 75 72 73 72 73 M2 no of seats > 9; 3.5 tons < mass < 5 tons; rated engine power > 150 kW 76 78 74 76 74 76 M3 no of seats > 9; mass > 5 tons; rated engine power < 150 kW 75 76 73 74 73 74 M3 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             N1 mass < 2 tons 71 71 69 69 69 69 N1 2 tons < mass < 3.5 tons 72 73 70 71 70 71 N2 3.5 tons < mass < 12 tons; rated engine power < 75 kW 74 75 72 73 72 73 N2 3.5 tons < mass < 12 tons; 75 < rated engine power < 150 kW 75 76 73 74 73 74 N2 3.5 tons < mass < 12 tons; rated engine power > 150 kW 77 79 75 77 75 77 N3 mass > 12 tons; 75 < rated engine power < 150 kW 77 78 75 76 75 76 N3 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 M1 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   M1 no of seats ≤ 9; ≤ 125 kW/ton 68 68 no of seats ≤ 9; 125kW/ton < power to mass ratio ≤ 150kW/ton   69 69 no of seats ≤ 9;power to mass ratio > 150kW/ton   71 71 M2 no of seats > 9; mass ≤ 2.5 tons 69 69 no of seats > 9; 2, 5 tons < mass < 3.5 tons 71 71 no of seats > 9; 3.5 tons < mass < 5 tons; 72 72 M3 no of seats > 9; mass > 5 tons; rated engine power ≤ 180kW 73 73 no of seats > 9; mass > 5 tons; 180 kW < rated engine power ≤ 250kW 75 75 no of seats > 9; mass > 5 tons; rated engine power > 250kW 76 76 N   Vehicles used for the carriage of goods     N1 mass < 2.5 tons 69 69 2.5 tons < mass < 3.5 tons 70 70       N2 3.5 tons < mass < 12 tons; rated engine power < 150 kW 72 72 3,5 tons < mass ≤ 12 tons;rated engine power > 150kW   75 75     N3 mass > 12 tons;rated engine power ≤180kW   75 75 mass > 12 tons;180 < rated engine power ≤250kW   77 77 mass > 12 tons;rated engine power >250 kW   79 79     * 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 Directive 2007/46/EC.
Amendment  52 Proposal for a regulation Annex VI – point 3 – paragraph 1
Text proposed by the Commission	Amendment
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).
Justification
Consistent with other regulations such as Regulation 661/2009, and in line with specifications in the current legislation, an additional margin of +1 dB is foreseen for checks in the conformity of production.
Amendment  53 Proposal for a regulation Annex VII – point 1 – footnote 1
Text proposed by the Commission	Amendment
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.
Justification
ISO10844:1994 has been updated in March 2011 into the new ISO standard ISO10844:2011. However the new text has not yet been introduced in all UNECE regulations regarding vehicle and tyre testing facilities. For this reason, it is important to have a transition period between the two standards to give the opportunity to manufacturers to rebuild any track where needed and for UNECE to introduce the reference to the new standard in its own regulations.
Amendment  54 Proposal for a regulation Annex VII – point 3.2.2 – paragraph 2 – introductory part
Text proposed by the Commission	Amendment
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:
Justification
This requirement should be consistent with both Paragraph 1 of Annex VII of this Regulation and the work done by UNECE. The requirements set in this Paragraph from point (a) to (g) are taken from the ISO standard 10844:2011. However, this standard is not yet included in any UNECE Regulation. It is therefore necessary to also make reference to the previous version of the ISO standard 10844:1994 for a transitional period of five years to both allow the UNECE to change its own regulations and for the testing facilities to introduce the changes demanded by the 2011 version of this standard.
Amendment  55 Proposal for a regulation Annex VII – point 4.3.
Text proposed by the Commission	Amendment
4.3. 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.	4.3. 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.
Justification
Regulation should be in line with the current ISO standards.
Amendment  56 Proposal for a regulation Annex VIII – point 2.3. – line 4 'Vehicle acceleration'
Text proposed by the Commission	Amendment
Vehicle acceleration awot ASEP: awot ≤ 5,0 m/s2	Vehicle acceleration awot ASEP: awot ≤ 4,0 m/s2
Justification
The acceleration rate required in the ASEP test as set out in the Commission proposal is unrepresentative of urban driving conditions. Also, the test becomes increasingly complex and difficult to repeat consistently at higher accelerations. The data set used for the ASEP does not derive from Method B data. In fact, method B and ASEP are not related therefore change to Method B does not need to be replicated in the ASEP test. Furthermore, a full impact assessment has not been carried out to account for the change from 4.0 to 5.0 m/s2.
Amendment  57 Proposal for a regulation Annex VIII – point 2.4. –paragraph 2a (new)
Text proposed by the Commission	Amendment
	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.
Justification
Using the production gearbox calibration is necessary for the following reasons: As the gearbox has to be operated outside its ‘normal’ parameters, a calibration is required to ‘hold’ selected gears during the ASEP test; With regard to the above, a special calibration is not available for production cars. Conformity of Production is therefore not achievable; Non Linear acceleration: holding a high numeric gear and applying full power from low RPM (Revolution per Minute) can cause the engine RPM to ‘flair’. Flaring is caused by the torque converter slipping at low engine RPM.
Amendment  58 Proposal for a regulation Annex IX – part A – point 1
Text proposed by the Commission	Amendment
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.
Justification
The definition of AVAS in the corresponding Annex IX should be in line with the definition of AVAS in Article 3 (21).
Amendment  59 Proposal for a regulation Annex IX – part A – point 4 – point a
Text proposed by the Commission	Amendment
(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.)
Justification
The enumeration of the different types of sounds which are not acceptable for use in AVAS should rather be replaced by a clear description of the features of the sounds which are acceptable.
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.
(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. Environmental consideration: The development of the AVAS shall give consideration to the overall community noise impact.
Amendment
Annex IX (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 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: The development of the AVAS shall give consideration to the overall community noise impact.

• [1]  OJ C 191, 29.6.2012, p. 76.

EXPLANATORY STATEMENT

The Commission proposal for a Regulation on the sound level of motor vehicles has as its principal objective the protection of public health and the environment through measures to reduce the sound level of motor vehicles.

The proposal would introduce a new testing method for measuring the sound level of motor vehicles and new noise limit values for different categories of light, medium-sized and heavy vehicles.

Your rapporteur supports the overall direction of the Commission proposal as an important step forward in countering the public health and environmental effects of noise emissions from motor vehicles. Your rapporteur nonetheless considers that the Commission proposal would benefit from a number of additions and technical adjustments, particularly to provide incentives for the manufacture and purchase of vehicles with lower sound levels. Your rapporteur also recognises that noise from motor vehicles derives from multiple sources including the engine, tyres, road surface and aerodynamic noise.

The Commission proposal currently places insufficient emphasis on the provision of information to consumers on the sound level of motor vehicles. Your rapporteur would support the introduction of a labelling scheme on the noise emissions of vehicles as so to promote low-noise vehicles and to enable consumers to make an informed choice prior to the purchase of a vehicle.

The quality of road surfaces is also crucial in influencing the rolling sound emissions of vehicles. Your rapporteur believes that the Commission proposal could be improved through the introduction of a road classification system which would enable Member States and their national and local authorities to monitor and assess more effectively the quality of their road surfaces with a view to reducing the impact on overall noise levels.

Your rapporteur would also propose a number of amendments to the technical requirements governing the methods for the measurement of the noise levels of motor vehicles and to the provisions governing the limit values, in order to bring the proposal up-to-date with the technical developments in testing procedures and to improve the overall feasibility of the requirements. These would include changes to the provisions governing the tread-depth of tyres and to the acceleration rate as regards the conditions for selection of gear ratios. Your rapporteur also proposes certain changes to the vehicle categorisations as regards the applicability of the noise limit values.

Finally, your rapporteur considers that the setting of limit values (and the dates on which those values are applicable) for the categories of vehicles as laid down in Annex III to the Commission proposal, constitutes an essential element of the Regulation, which should be determined by the co-legislators. Your rapporteur therefore cannot support the proposal to delegate to the Commission the power to amend those aspects of the Regulation by way of delegated acts, and therefore proposes that any future amendments be given effect to by co-decision under the ordinary legislative procedure.

OPINION of the Committee on the Internal Market and Consumer Protection (25.6.2012)

for the Committee on the Environment, Public Health and Food Safety

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))

Rapporteur: Anja Weisgerber

SHORT JUSTIFICATION

Motorised transport is one of the main sources of noise pollution. Persistent exposure to high levels of noise is believed to increase cardiovascular disease, cognitive impairment, sleep disturbance and tinnitus. The Rapporteur strongly supports the aim of the proposed Regulation of reducing environmental noise by lowering the noise limit values and by introducing a new and refined test method for measuring noise emissions. However, the noise limit values have to be both ambitious and technically feasible. In doing so, one has to bare in mind that noise is measured on a logarithmic scale and that a reduction of 3 decibel (dB) results in a noise reduction of 50 %.

Requirements for type approval of vehicles exist inter alia also for CO₂-emissions and pollutants (Euro 5/6 and Euro VI-standards). The measures taken to comply with theses emission requirements partly contradict the measures taken to reduce the noise of a vehicle. For example, measures to reduce the noise emissions might increase the weight of a vehicle which leads to higher CO₂-emission. The different EU type approval requirements should carefully establish a balance between the different aims and follow a general approach in continue to make vehicles quieter, safer and more environmentally friendly. Furthermore, measures taken to reduce the noise level of a vehicle should not lead to a decrease of road safety, e.g. special low noise road surfaces can reduce the tire rolling sound significantly and cause longer braking distances. In addition to the noise limit values for vehicles, your Rapporteur underlines that it is important to take into consideration other sources of environmental noise such as the road surface, traffic management or driver behaviour.

While the Rapporteur strongly supports the aim of the proposed Regulation, she proposes some amendments in order to achieve the aims better. In order to increase the health benefits and to enhance legal certainty, long-term noise limit values should be established. Necessary adjustments have also to be made regarding the vehicle categories. The current legislation on noise emissions of vehicles gives different limit values for different vehicle categories and sub-categories. These subclasses have been established in 1970 and have not been amended since 1985. Hence, your Rapporteur proposes to update the sub-categories and to adapt the vehicle classification system to the latest technical standards. These adaptations should make it possible to define ambitious noise limit values and to optimize the overall noise reduction. Further differentiating the vehicle categories enables us to establish more ambitious noise limit values for vehicles with lower engine power and more realistic noise limit values for vehicles with higher engine power. The new long-term noise limit values require an entirely new design for each vehicle.

Your Rapporteur is also of the opinion that the Regulation should reflect the differences in development and production of passenger cars and heavy duty vehicles. These differences are to be reflected in a different timing of the respective phases to which the noise limit values apply. Accordingly, your Rapporteur proposes different phases for passenger cars and commercial vehicles.

Transparency is a key element of responsible consumer policy and has been supported by the IMCO committee since a long time. Ensuring the availability of clear and transparent information on noise emissions of each vehicle to consumers will enable them to base their purchase decision on the noise emission level. The same information to public authorities will empower them to set appropriate incentives to encourage the uptake of quieter vehicles, e.g. by setting procurements standards for bus fleets and allowing only the quietest delivery vehicles preferential access to certain sensitive residential areas or times of day. Labels already exist for CO₂-emissions, fuel consumption and tyre-noise, a similar label should be introduced for the noise levels of vehicles.

With regard to electric and hybrid vehicles, the Directive should establish technical standards by introducing requirements regarding the minimum noise for electric vehicles. A working group on minimum sound levels for silent vehicles has been set up by the UNECE and discusses the possibility of harmonising the requirements for `Approaching Vehicle Audible Systems´ (AVAS).

AMENDMENTS

The Committee on the Internal Market and Consumer Protection calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1 Proposal for a regulation Recital 1 a (new)
Text proposed by the Commission	Amendment
	(1a) EU type approval requirements exist inter alia on CO2-emissions (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 CO2-emissions from light-duty vehicles1 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 CO2-emissions from light-duty vehicles2s) and on pollutant emissions (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 information3 and 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 information4). The technical requirements with regard to CO2 and pollutants emission limit values may not be in contradiction with the requirements on the reduction of noise emissions. Therefore, EU type-approval requirements should find a balance between the different objectives.
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	1 OJ L 140, 5.6.2009, p. 1.
	2 OJ L 145, 31.5.2011, p. 1.
	3 OJ L 171, 29.6.2007, p. 1.
	4 OJ L 188, 18.7.2009, p. 1.
Justification
Technical measures to reduce the CO2-emissions include measures to decrease the weight of a vehicle whereas technical measures to reduce the noise as sound insulations normally increase the weight of a vehicle and increase CO2-emissions. Furthermore, sound insulations reduce the noise while they increase the risk of engine fire break-out at the same time.
Amendment  2 Proposal for a regulation Recital 1 a (new)
Text proposed by the Commission	Amendment
	(1a) Of the roughly 500 million EU citizens, some 300 million have a driving licence. The European Union accounts for 22 % of all vehicle registrations and 25 % of vehicle production worldwide. Every year, the European automobile industry manufactures up to 17 million new vehicles, and that figure is currently on the increase.
Amendment  3 Proposal for a regulation Recital 8 a (new)
Text proposed by the Commission	Amendment
	(8a) 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  4 Proposal for a regulation Recital 8 b (new)
Text proposed by the Commission	Amendment
	(8b) 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 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  5 Proposal for a regulation Recital 9 a (new)
Text proposed by the Commission	Amendment
	(9a) The provision of information on noise 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 the customer, 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 CO2‑emissions, fuel-consumption and tyre-noise, should inform the consumers of the noise emission of a vehicle.
Justification
Until now, it is not possible to know the noise level of a vehicle. Noise information is required for tyres at points of sale and in promotional material by Regulation 1222/2009 on the labelling of tyres. To promote low-noise vehicles and to give the customer the possibility to make an informed choice about the purchase, the manufacturer shall be obliged to display the noise level of a vehicle. National and municipal public authorities have a central role as major purchasers of vehicle fleets, particularly public transport vehicles and municipal vehicles, as well as responsibility for implementation of Directive 2002/49/EC which aims to reduce environmental noise in urban areas and along major transport infrastructures.
Amendment  6 Proposal for a regulation Recital 9 a (new)
Text proposed by the Commission	Amendment
	(9a) 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  7 Proposal for a regulation Recital 12 a (new)
Text proposed by the Commission	Amendment
	(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, asphalts 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. The 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  8 Proposal for a regulation Article 3 – point 21 a (new)
Text proposed by the Commission	Amendment
	(21a) ‘point of sale’ means a location where vehicles are offered for sale to consumers.
Justification
In order to ensure that consumers have access to the relevant information when considering a vehicle purchase, the noise information should be made widely available. (Proposals aligned with Article 3 of Regulation 1222/2009 on labelling of tyres, including noise emissions).
Amendment  9 Proposal for a regulation Article 3 – point 21 b (new)
Text proposed by the Commission	Amendment
	(21b) ‘technical promotional material’ means technical manuals, brochures and catalogues (whether these appear in printed, electronic or online form), as well as websites, the purpose of which is to market vehicles to customers.
Justification
In order to ensure that consumers have access to the relevant information when considering a vehicle purchase, the noise information should be made widely available. (Proposals aligned with Article 3 of Regulation 1222/2009 on labelling of tyres, including noise emissions).
Amendment  10 Proposal for a regulation Article 6 – paragraph 1
Text proposed by the Commission	Amendment
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 shall not exceed the limits set out in Annex III.
Justification
In accordance with better regulation principles, it is important to ensure that the testing conditions of this Regulation do not unduly impact on part manufacturers which have already made significant steps towards reducing noise emissions, in particular the tyre industry. In this context the accuracy of testing conditions needs to be underlined and “typical on-road driving conditions” should be stated as the condition for validating the limits set down in Annex III.
Amendment  11 Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 a and 1 b (new)
Text proposed by the Commission	Amendment
	Vehicles shall automatically meet the requirements of Annex X if the vehicle manufacturer provides technical documents to the type-approval authority showing that the difference between 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.
Justification
This AM introduces proportionate requirements for SMEs performing build-ups. Furthermore UNICE's ASEP standard is tailored to the behavior of typical M1 vehicles, and the expert group responsible recomended exclusion for other categories. ASEP (Additional Sound Emission Provisions) are to avoid unexpected sound emissions which do not correlate with type approval test results. Since this has never been observed for N1 delivery vans this AM ensures they are excluded from ASEP special testing.
Amendment  12 Proposal for a regulation Article 8 a (new)
Text proposed by the Commission	Amendment
	Article 8 a (new)
	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.
	The Commission shall provide a proposal for consumer information to Parliament and Council at the latest one year after entry into force of this regulation.
	The consumer information can be integrated in the 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 CO2 emissions in respect of the marketing of new passenger cars1. For noise emissions the same display method shall be used as for CO2 emissions.
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	1 OJ L 12, 18.1.2000, p. 16.
Justification
Until now, it is not possible for a consumer to know the noise level of a vehicle. To promote low-noise vehicles and to give the customer the possibility to make an informed choice about the purchase the manufacturer and distributor shall be obliged to display the noise level of a vehicle.
Amendment  13 Proposal for a regulation Article 9 – paragraph 1
Text proposed by the Commission	Amendment
Where manufacturers choose to install an AVAS in vehicles, the requirements of Annex X shall be fulfilled.	Where manufacturers choose to install an AVAS in vehicles, manufacturers shall ensure that 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 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 and the requirements of Annex X shall be fulfilled.
Justification
The main requirements for AVAS should appear in the relevant article rather than just in the annex. In case the UNECE working group adopts a regulation with worldwide harmonized standards for AVAS, the EU requirements should be amended accordingly.
Amendment  14 Proposal for a regulation Article 9 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	In case the UNECE working group on minimum sound levels for silent vehicles adopts a UNECE Regulation, the Commission shall evaluate the possibility of replacing the technical requirements laid down in Annex X with a direct reference to the corresponding requirements of the UNECE Regulation and, if appropriate, submit a proposal to the European Parliament and to the Council to amend Annex X.
Justification
The main requirements for AVAS should appear in the relevant article rather than just in the annex. In case the UNECE working group adopts a regulation with worldwide harmonized standards for AVAS, the EU requirements should be amended accordingly.
Amendment  15 Proposal for a regulation Article 10 – paragraph 1
Text proposed by the Commission	Amendment
1. The Commission shall be empowered to adopt delegated acts to amend Annexes I to XI.	1. The Commission shall be empowered to adopt delegated acts to amend Annexes I to II and IV to X.
Justification
According to Article 290 of the TFE, only non-essential elements of the legislative act may be delegated to the Commission whereas the essential elements of an area shall be reserved for the legislative act. The provisions in Annexes III, i.e. the noise limit values and the lead time (stages), are essential elements of the proposal and shall therefore be reserved for the co-legislators.
Amendment  16 Proposal for a regulation Article 10 – paragraph 2
Text proposed by the Commission	Amendment
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 evaluate 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 and, if appropriate, submit a proposal to the European Parliament and to the Council to amend Annex III.
Justification
According to Article 290 of the TFE, only non-essential elements of the legislative act may be delegated to the Commission whereas the essential elements of an area shall be reserved for the legislative act. The provisions in Annexes III, i.e. the noise limit values and the lead time (stages), are essential elements of the proposal and shall therefore be reserved for the co-legislators.
Amendment  17 Proposal for a regulation Annex II – point 4.1.2.1.4.1 – point a
Text proposed by the Commission	Amendment
(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/s2, 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/s2, test with that gear ratio.
Justification
In order to simulate the situation in real urban traffic the maximum acceleration should be at a level of 2.0 m/s2.
Amendment  18 Proposal for a regulation Annex II – point 4.1.2.1.4.1 – point b
Text proposed by the Commission	Amendment
(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/s2, 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))	(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/s2, 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))
Justification
In order to simulate the situation in real urban traffic the maximum acceleration should be at a level of 2.0 m/s2.
Amendment  19 Proposal for a regulation Annex II – point 4.1.2.1.4.1 – point c
Text proposed by the Commission	Amendment
(c) if the acceleration value of gear ratio i exceeds 3.0 m/s2, the first gear ratio shall be used that gives an acceleration below 3.0 m/s2 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/s2. 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/s2, the first gear ratio shall be used that gives an acceleration below 2.0 m/s2 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 2.0 m/s2. 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.
Justification
In order to simulate the situation in real urban traffic the maximum acceleration should be at a level of 2.0 m/s2.
Amendment  20 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             M1 no of seats < 9 70 71** 68 69** 68 69** M1 no of seats < 9; power to mass ratio > 150 kW/ton 71 71 69 69 69 69 M2 no of seats > 9; mass < 2 tons 72 72 70 70 70 70 M2 no of seats > 9; 2 tons < mass < 3.5 tons 73 74 71 72 71 72 M2 no of seats > 9; 3.5 tons < mass < 5 tons; rated engine power < 150 kW 74 75 72 73 72 73 M2 no of seats > 9; 3.5 tons < mass < 5 tons; rated engine power > 150 kW 76 78 74 76 74 76 M3 no of seats > 9; mass > 5 tons; rated engine power < 150 kW 75 76 73 74 73 74 M3 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             N1 mass < 2 tons 71 71 69 69 69 69 N1 2 tons < mass < 3.5 tons 72 73 70 71 70 71 N2 3.5 tons < mass < 12 tons; rated engine power < 75 kW 74 75 72 73 72 73 N2 3.5 tons < mass < 12 tons; 75 < rated engine power < 150 kW 75 76 73 74 73 74 N2 3.5 tons < mass < 12 tons; rated engine power > 150 kW 77 79 75 77 75 77 N3 mass > 12 tons; 75 < rated engine power < 150 kW 77 78 75 76 75 76 N3 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 M1 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 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 Type-approval of new vehicle types**** Limit values for Type-approval of new vehicle types*****     Phase 1 valid from [2 years after publication] ********   Phase 2 valid from [6 years after publication] ********   Phase 3 valid from [10 years after publication] Phase 4 valid from [14 years after publication] ******     General Off-road * General Off-road * General Off-road * General ***   Vehicles used for the carriage of passengers and goods *******               M1 no of seats < 9; power to mass ratio < 120 kW/ton 72 73 ** 71 72** 71 72** 67 M1 no of seats < 9; 120 kW/ton < power to mass ratio < 160 kW/ton 73 74 72 73 71 72 68 M1 no of seats < 9; power to mass ratio > 160 kW/ton 75 76 74 75 73 74 70 M1 no of seats ≤4 including driver; power to mass ratio > 200 kW/ton; R point of the driver seat < 450 mm from ground 77 N/A 76 N/A 76 N/A 76 M2 no of seats > 9; mass < 2.5 tons; rated engine power < 75kW 71 72 69 70 69 70 68 M2 no of seats > 9; mass < 2.5 tons; rated engine power > 75 kW 72 73 70 71 70 71 69 M2 no of seats > 9; 2.5 tons < mass < 3.5 tons 74 75 72 73 71 72 70 M2 no of seats > 9; mass > 3.5 tons 76 77 73 74 72 73 71 N1 mass < 2.5 tons 72 73 71 72 71 72 69 N1 2.5 tons < mass < 3.5 tons 73 74 73 74 72 73 69     Limit values for Type-approval of new vehicle types Limit values for Type-approval of new vehicle types Limit values for Type-approval of new vehicle types**** Limit values for Type-approval of new vehicle types*****     Phase 1 valid from [3 years after publication] Phase 2 valid from [8 years after publication] Phase 3 valid from [12 years after publication] Phase 4 valid from [16 years after publication] ******     General Off-road * General Off-road * General Off-road * General *** M3 no of seats > 9; mass > 5 tons; rated engine power < 100 kW 74 75 73 74 72 73 71 M3 no of seats > 9; mass > 5 tons; 100 kW < rated engine power < 180 kW 76 77 74 75 73 74 72 M3 no of seats > 9; mass > 5 tons; 180 < rated engine power < 250 kW 78 79 78 79 76 77 75 M3 No of seats > 9; mass > 5 tons; rated engine power > 250 kW 80 81 79 80 78 79 77 N2 3.5 tons < mass < 12 tons; rated engine power < 75 kW 76 77 75 76 74 75 71 N2 3.5 tons < mass < 12 tons; 75 < rated engine power < 150 kW 76 77 76 77 73 74 72 N2 3.5 tons < mass < 12 tons; 150 kW < rated engine power 78 79 77 78 77 78 74 N3 mass > 12 tons; rated engine power < 100 kW 76 77 75 76 75 76 72 N3 mass > 12 tons; 100 < rated engine power < 150 kW 79 80 78 79 77 78 75 N3 mass > 12 tons; 150 < rated engine power < 250 kW 81 82 80 81 79 80 77 N3 mass > 12 tons; rated engine power > 250 kW 82 83 81 82 80 81 79
* 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 M1 vehicles the increased limit values for off-road vehicles are only valid if the maximum authorised mass > 2 tonnes. *** For off-road vehicles the general limit values are increased by + 1 dB(A) **** Transitional period for first registration of new vehicles: 2 years after entry into force, except for vehicles of M1/N1 ≤ 50kW/t and M2 ≤ 75kW, for which the transitional period applies first from phase 2 onwards. ***** Transitional period for first registration of new vehicles: 3 years after entry into force. ****** The Commission shall carry out a detailed study to validate Phase 4 with respect to the technical feasibility of the noise limits proposed, once Phase 3 is introduced. In the event of a positive evaluation, Phase 4 shall be applied four years after publication of the Commission study. ******* M1 Special purpose vehicles: Wheelchair accessible vehicles (as defined in Paragraph 5.5 of Annex II to Directive 2007/46/EC) and armoured vehicles (as defined in Part A 5.2 Annex II to Directive 2007/46/EC), modification in the exhaust system pipe work is permitted without any further test provided all the original emission control devices including particulate filters (if any) are retained.  If a new test is required, an extra 2dB(A) above the applicable limit shall be allowed. ********   For vehicles produced in small series according to section 1 of Part A of Annex XII to Directive 2007/46/EC the applicable date for phase 1 and phase 2 are delayed by two years.
Amendment  21 Proposal for a regulation Annex VI – point 3 – paragraph 1
Text proposed by the Commission	Amendment
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. For the COP requirements the limit values of Annex III are fulfilled if the limit values of Annex III are complied with an additional margin of 1 dB(A).
Justification
In the current legislation regarding the check of the conformity of production a margin of 1 dB(A) is foreseen.
Amendment  22 Proposal for a regulation Annex IX – part A – point 1
Text proposed by the Commission	Amendment
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 provide vehicle operation information to pedestrians and vulnerable road users.
Justification
The definition of AVAS in the corresponding Annex IX should be in line with the definition of AVAS in Article 3 (21).
Amendment  23 Proposal for a regulation Annex IX – part A – point 4 – point a
Text proposed by the Commission	Amendment
(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.)
Justification
The enumeration of the different types of sounds which are not acceptable for use in AVAS should rather be replaced by a clear description of the features of the sounds which are acceptable.

PROCEDURE

Title	Sound level of motor vehicles
References	COM(2011)0856 – C7-0487/2011 – 2011/0409(COD)
Committee responsible        Date announced in plenary	ENVI 15.12.2011
Opinion by        Date announced in plenary	IMCO 15.12.2011
Rapporteur        Date appointed	Anja Weisgerber 29.2.2012
Discussed in committee	26.4.2012	8.5.2012	20.6.2012
Date adopted	21.6.2012
Result of final vote	+: –: 0:	27 3 2
Members present for the final vote	Pablo Arias Echeverría, Adam Bielan, Sergio Gaetano Cofferati, Birgit Collin-Langen, Lara Comi, Anna Maria Corazza Bildt, Cornelis de Jong, Christian Engström, Evelyne Gebhardt, Malcolm Harbour, Philippe Juvin, Toine Manders, Hans-Peter Mayer, Sirpa Pietikäinen, Robert Rochefort, Zuzana Roithová, Heide Rühle, Christel Schaldemose, Andreas Schwab, Róża Gräfin von Thun und Hohenstein, Emilie Turunen, Bernadette Vergnaud, Barbara Weiler
Substitute(s) present for the final vote	Raffaele Baldassarre, Mario Borghezio, Simon Busuttil, Pier Antonio Panzeri, Laurence J.A.J. Stassen, Marc Tarabella, Kyriacos Triantaphyllides, Anja Weisgerber, Kerstin Westphal

OPINION Committee on Transport and Tourism (20.6.2012)

for the Committee on the Environment, Public Health and Food Safety

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))

Rapporteur: Gilles Pargneaux

SHORT JUSTIFICATION

1. Introduction

The proposal for a regulation concerns private cars, light commercial vehicles, buses, vans, coaches and trucks. At present, noise emissions from four-wheel motor vehicles are governed by Directive 70/157/EEC and 12 related directives. The Commission wishes to modernise the existing legal framework in order to attain the following main objectives:

- Simplification of the legal framework. Directive 70/157/EEC and the 12 related directives would be rescinded and replaced with the new regulation, which proposes to establish the scope and basic provisions.

- Establishment of a new testing method. The UNECE Working Party established a new testing method in 2007. It yields results 2 dB lower than the former method used in Directive 70/157/EEC. After having tested the new method for three years, the Commission demonstrated its effectiveness in an impact assessment.

- Modification of the limit values. The Commission proposes a phased reduction of noise emissions, geared to the type of vehicle:

•   for light and medium-sized vehicles, a reduction of 4 dB, to take effect five years after the regulation enters into force. This reduction would be achieved in two phases: a first objective of -2 dB by 2014, followed by a second stage in which levels would be reduced by a further 2 dB by 2017. Noise levels per vehicle could then no longer exceed 68 dB;

•   for heavy vehicles, a reduction of 3 dB, to take effect five years after the legislation enters into force. The limits will be lowered by 1 dB in 2014 and 2 dB in 2017. Noise levels per truck could then no longer exceed 78 dB.

- The need for a minimum noise threshold for electric and electric-hybrid vehicles. Requirements concerning ‘approaching vehicle audible systems’ will ensure that only vehicles which produce sufficient noise are used, which will also bring about harmonisation of the technology employed. The Commission indicates that vehicle manufacturers will be free to decide whether or not to instal such systems.

2. The ‘transport’ dimension of the proposal

Scope of the regulation

No legislation exists concerning the levels of noise emitted by two- and three-wheel vehicles, and they are not covered by the present proposal either. In order to fill this legislative gap, your rapporteur proposes inserting in the text a reference to the need for more specific European legislation on noise nuisance caused by two- or three-wheel vehicles.

New limit values

Your rapporteur proposes extending the period within which the new limit values will need to be attained. For light and medium-sized vehicles, your rapporteur advocates a reduction of 4 dB, to take effect seven years after the regulation enters into force. This reduction would be achieved in two phases: a first objective of -2 dB by 2014, followed by a second requiring levels to be reduced by a further 2 dB by 2019.

In the case of heavy vehicles, your rapporteur supports the Commission proposal as it stands.

Minimum sound level of electric and electric-hybrid vehicles

Electric vehicles are twice as likely to be involved in accidents in urban environments because they are completely silent in operation, making them undetectable to ‘vulnerable users’ and even more so to the blind. For this reason, your rapporteur proposes that it be made compulsory – rather than optional, as the Commission proposes – for vehicle manufacturers to instal an audible warning device.

AMENDMENTS

The Committee on Transport and Tourism calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to incorporate the following suggestions in its report:

Amendment  1 Proposal for a regulation Recital 1
Text proposed by the Commission	Amendment
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.
Amendment  2 Proposal for a regulation Recital 8
Text proposed by the Commission	Amendment
(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 therefor, 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 therefor, 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. Studies highlighting the annoyance and health effects from road traffic noise, and the associated costs and benefits should also be heeded. 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 parameters1. The Commission should ensure that tyres are labelled with respect to their noise performance.
Amendment  3 Proposal for a regulation Recital 8 a (new)
Text proposed by the Commission	Amendment
	(8a) In order to ensure that a reduction in vehicle noise does not lead to a reduction in road safety, the Commission should examine the possibility of amending Annexes of this Regulation to ensure that, in order to pass the noise emission tests, vehicles are not equipped with more quiet but less safe tyres that are then put into service on public roads. This objective could be achieved by establishing more detailed requirements on what types of tyres can be used for different categories of vehicles in accordance with Regulation (EC) No 661/2009 and Regulation (EC) No 1222/2009.
Amendment  4 Proposal for a regulation Recital 8 b (new)
Text proposed by the Commission	Amendment
	(8b) Major steps can be taken to develop/enhance infrastructure in a manner that maximises vehicle noise reduction, such as through the large-scale use of noise barriers.
Amendment  5 Proposal for a regulation Recital 9 b (new)
Text proposed by the Commission	Amendment
	(9b) With a view to enhancing transparency, the Commission should look into the possibility of extending the scope of 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 CO2 emissions in respect of the marketing of new passenger cars1, to include information on vehicle noise levels.
	__________________
	1 OJ L 12, 18.1.2000, p. 16.
Amendment  6 Proposal for a regulation Recital 9 c (new)
Text proposed by the Commission	Amendment
	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  7 Proposal for a regulation Recital 10
Text proposed by the Commission	Amendment
(10) The environmental benefits expected from hybrid electric and pure electric road transport vehicles have resulted in a substantial reduction of the noise emitted by such vehicles. This has resulted in the removal of an important source of audible signal that is used by blind and low vision pedestrians and cyclists, amongst other road users, to become aware of the approach, presence or departure of these vehicles. For that purpose, industry is developing acoustic systems to compensate for this lack of audible signal in electric and hybrid electric vehicles. The performance of approaching vehicle audible systems fitted to vehicles should be harmonised. The fitting of such systems should however, remain an option at the discretion of vehicle manufacturers.	(10) The environmental benefits expected from hybrid electric and pure electric road transport vehicles have resulted in a substantial reduction of the noise emitted by such vehicles. This has resulted in the removal of an important source of audible signal that is used by blind and low vision pedestrians and cyclists, amongst other road users, to become aware of the approach, presence or departure of these vehicles. For that purpose, industry is developing acoustic systems to compensate for this lack of audible signal in electric and hybrid electric vehicles. The performance of approaching vehicle audible systems fitted to vehicles should be harmonised. The fitting of such systems should be compulsory for all vehicle manufacturers. The Commission should also be asked to examine the potential of active audible and visual safety systems that can be installed in passenger vehicles in order to meet the objective of improving the safety of vulnerable road users in urban areas.
Amendment  8 Proposal for a regulation Recital 10 a (new)
Text proposed by the Commission	Amendment
	(10a) In view of the lack of legislation on the level of noise emitted by two- or three-wheel vehicles, it will be appropriate for the Commission to submit a fresh legislative proposal on this subject. It is in the interests of the Union to adopt provisions concerning noise nuisance caused by these vehicles, in the same way as concerning the four-wheel vehicles dealt with in this regulation. A regulation specific to motor vehicles with at least two wheels would make it possible, on the basis of an improved testing procedure, to assess possibilities of establishing stricter limits in order to ensure that vehicles placed on the market are genuinely less noisy.
Justification
The level of noise emitted by motor vehicles with at least two wheels should likewise be dealt with by a specific regulation. The noise caused by these vehicles is the prime cause of nuisance to the public. It is due either to inconsiderate driving or to the use of exhausts which have been modified, are defective or fail to comply with standards.
Amendment  9 Proposal for a regulation Considérant 10 b (new)
Text proposed by the Commission	Amendment
	(10b) Vehicle noise levels have a direct impact on the quality of life of EU 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 Area1 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 on that date, P7_TA(2011)0584.
Amendment  10 Proposal for a regulation Recital 10 c (new)
Text proposed by the Commission	Amendment
	(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  11 Proposal for a regulation Recital 10 d (new)
Text proposed by the Commission	Amendment
	(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 EU of the importance of adopting a smooth driving style and keeping within the speed limits in force in each Member State.
Amendment  12 Proposal for a regulation Recital 12
Text proposed by the Commission	Amendment
(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 Council.	(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, including consultation of experts. 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.
Justification
The Commission should carry out appropriate consultations before adopting a delegated act, and the sources consulted should include experts. This amendment takes account of the new standard formulation relating to delegated acts.
Amendment  13 Proposal for a regulation Recital 12 a (new)
Text proposed by the Commission	Amendment
	(12a) The Commission and Member States should consider the possibility of offering financial incentives to increase the use of low-noise vehicles and thus encourage commercial vehicle operators to invest in such vehicles.
Amendment  14 Proposal for a regulation Article 3 – paragraph 1– point 2
Text proposed by the Commission	Amendment
For the purposes of this Regulation, the following definitions shall apply:	For the purposes of this Regulation, the following definitions shall apply:
(2) "vehicle type" means a set of vehicles as defined in Annex II Part B to Directive 2007/46/EC.	(2) ‘vehicle type’ means:
	(2.1) 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.
	(2.2) 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:
	(2.2.1) the shape or materials of the bodywork (particularly the engine compartment and its soundproofing);
	(2.2.2) 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;
	(2.2.3) 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  15 Proposal for a regulation Article 3 – point 21 a (new)
Text proposed by the Commission	Amendment
	(21a) “point of sale” means a location where vehicles are offered for sale to consumers.
Justification
In order to ensure that consumers have access to all relevant information when they are considering purchasing a vehicle, information on noise levels should be made widely available.
Amendment  16 Proposal for a regulation Article 3 – point 21 b (new)
Text proposed by the Commission	Amendment
	(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.
Justification
In order to ensure that consumers have access to all relevant information when they are considering purchasing a vehicle, information on noise levels should be made widely available.
Amendment  17 Proposal for a regulation Article 5 – paragraph 2
Text proposed by the Commission	Amendment
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  18 Proposal for a regulation Article 5 – point 3 a (new)
Text proposed by the Commission	Amendment
	(3a) Manufacturers shall publish information on the noise levels of their vehicles, including their decibel ratings, in particular at points of sale and in promotional materials.
Amendment  19 Proposal for a regulation Article 6 – paragraph 1
Text proposed by the Commission	Amendment
The sound level measured in accordance with the provisions of Annex II shall not exceed the limits set out in Annex III.	Testing conditions set in Annex II should take into account typical on-road driving conditions and testing requirements of other essential components of the vehicle, which have been already regulated by the EU1.
	The sound level measured in accordance with the provisions of Annex II and mathematically rounded to the nearest integer value shall not exceed the limits set out in Annex III.
	__________________
	1 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 therefor. (OJ L 200, 31.7.2009, p. 1.)
Justification
Adopting the GRB expert group position (Working Party 29) of the UNECE in Geneva.
Amendment  20 Proposal for a regulation Article 7 – paragraph 1
Text proposed by the Commission	Amendment
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.	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 and whether there have been no detrimental effects on road safety. On the basis of the conclusions of the study, the Commission may, where justified, present proposals for amendment to this Regulation that relate to the noise limits. The results of the study shall be communicated to the European Parliament.
Amendment  21 Proposal for a regulation Article 7 – point 1 a (new)
Text proposed by the Commission	Amendment
	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  22 Proposal for a regulation Article 9
Text proposed by the Commission	Amendment
Acoustic Vehicle Alerting System (AVAS)	Acoustic Vehicle Alerting System (AVAS)
Where manufacturers choose to install an AVAS in vehicles, the requirements of Annex X shall be fulfilled.	Where manufacturers install an AVAS in vehicles, the requirements of Annex X shall be fulfilled.
Justification
Electric or hybrid vehicles are twice as likely to be involved in accidents in urban environments because they are completely silent in operation, making them undetectable to ‘vulnerable users’ and even more so to the blind. It should therefore be compulsory for vehicle manufacturers to install an audible warning device.
Amendment  23 Proposal for a regulation Article 9
Text proposed by the Commission	Amendment
Where manufacturers choose to install an AVAS in vehicles, the requirements of Annex X shall be fulfilled.	Where manufacturers choose to install an AVAS in vehicles, the requirements of Annex IX shall be fulfilled.
Amendment  24 Proposal for a regulation Article 10 – paragraph 1
Text proposed by the Commission	Amendment
1. The Commission shall be empowered to adopt delegated acts to amend Annexes I to XI.	1. The Commission shall be empowered to adopt delegated acts, pursuant to Article 11, to amend Annexes I to XI.
Justification
This amendment takes account of the new standard formulation relating to delegated acts.
Amendment  25 Proposal for a regulation Article 11 – paragraph 2
Text proposed by the Commission	Amendment
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. The Commission shall draw up a report on the delegation of power no 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.
Justification
The delegation of power to the Commission should be limited to a period of five years, which may be extended if certain conditions are complied with, for example that a report must be drafted and that Parliament and the Council do not oppose it. This amendment takes account of the new standard formulation relating to delegated acts.
Amendment  26 Proposal for a regulation Article 11 – paragraph 5
Text proposed by the Commission	Amendment
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.
Justification
It should be possible for the time limit for objecting to a delegated act to be four months in total. This is a more realistic limit to enable Parliament or the Council to carry out the necessary procedure for raising an objection. This amendment takes account of the new standard formulation relating to delegated acts.
Amendment  27 Proposal for a regulation Article 12
Text proposed by the Commission	Amendment
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.
Justification
This Article 12 is superfluous, in view of the provisions of Article 11, and its deletion will therefore serve to align the text with the new standard formulation applicable to delegated acts.
Amendment  28 Proposal for a regulation Article 13
Text proposed by the Commission	Amendment
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.
Justification
This Article 13 is superfluous, as the use of the urgency procedure is not duly justified (either in Article 10 or in the recitals), and it should therefore be deleted.
Amendment  29 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 at least 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.
Justification
As agreed in 2011 in the 53rd session of GRB - an expert group on noise of Working Party 29 (the Working Party responsible for developing harmonised worldwide vehicle standards) of the UNECE in Geneva, of which the European Commission is a member.
Amendment  30 Proposal for a regulation Annex III – Limit values
Text proposed by the Commission
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             M1 no of seats < 9   70 71** 68 69** 68 69** M1 no of seats < 9; power to mass ratio > 150 kW/ton 71 71 69 69 69 69 M2 no of seats > 9; mass < 2 tons   72 72 70 70 70 70 M2 no of seats > 9; 2 tons < mass < 3.5 tons   73 74 71 72 71 72 M2 no of seats > 9; 3.5 tons < mass < 5 tons; rated engine power < 150 kW 74 75 72 73 72 73 M2 no of seats > 9; 3.5 tons < mass < 5 tons; rated engine power > 150 kW 76 78 74 76 74 76 M3 no of seats > 9; mass > 5 tons; rated engine power < 150 kW 75 76 73 74 73 74 M3 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             N1 mass < 2 tons   71 71 69 69 69 69 N1 2 tons < mass < 3.5 tons   72 73 70 71 70 71 N2 3.5 tons < mass < 12 tons; rated engine power < 75 kW 74 75 72 73 72 73 N2 3.5 tons < mass < 12 tons; 75 < rated engine power < 150 kW 75 76 73 74 73 74 N2 3.5 tons < mass < 12 tons; rated engine power > 150 kW 77 79 75 77 75 77 N3 mass > 12 tons; 75 < rated engine power < 150 kW 77 78 75 76 75 76 N3 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 M1 vehicles the increased limit values for off-road vehicles are only valid if the maximum authorised mass > 2 tonnes.
Amendment
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 [6 years after publication] Phase 3 valid from [8 years after publication]     General Off-road * General Off-road * General Off-road * M Vehicles used for the carriage of passengers             M1 no of seats < 9   70 71** 68 69** 68 69** M1 no of seats < 9; power to mass ratio > 150 kW/ton 71 71 69 69 69 69 M2 no of seats > 9; mass < 2 tons   72 72 70 70 70 70 M2 no of seats > 9; 2 tons < mass < 3.5 tons   73 74 71 72 71 72 M2 no of seats > 9; 3.5 tons < mass < 5 tons; rated engine power < 150 kW 74 75 72 73 72 73 M2 no of seats > 9; 3.5 tons < mass < 5 tons; rated engine power > 150 kW 76 78 74 76 74 76 M3 no of seats > 9; mass > 5 tons; rated engine power < 150 kW 75 76 73 74 73 74 M3 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             N1 mass < 2 tons   71 71 69 69 69 69 N1 2 tons < mass < 3.5 tons   72 73 70 71 70 71 N2 3.5 tons < mass < 12 tons; rated engine power < 75 kW 74 75 72 73 72 73 N2 3.5 tons < mass < 12 tons; 75 < rated engine power < 150 kW 75 76 73 74 73 74 N2 3.5 tons < mass < 12 tons; rated engine power > 150 kW 77 79 75 77 75 77 N3 mass > 12 tons; 75 < rated engine power < 150 kW 77 78 75 76 75 76 N3 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 M1 vehicles the increased limit values for off-road vehicles are only valid if the maximum authorised mass > 2 tonnes.

PROCEDURE

Title	Sound level of motor vehicles
References	COM(2011)0856 – C7-0487/2011 – 2011/0409(COD)
Committee(s) responsible	ENVI 15.12.2011
Opinion by   Date announced in plenary	TRAN 15.12.2011
Rule 51 – Joint committee meetings         Date announced in plenary	Gilles Pargneaux 10.1.2012
Associated committee(s)   Date announced in plenary	8.5.2012
Rapporteur   Date appointed	19.6.2012
Previous rapporteur	+: –: 0:	30 12 0
Discussed in committee	Magdi Cristiano Allam, Inés Ayala Sender, Georges Bach, Izaskun Bilbao Barandica, Philip Bradbourn, Antonio Cancian, Michael Cramer, Joseph Cuschieri, Philippe De Backer, Luis de Grandes Pascual, Christine De Veyrac, Saïd El Khadraoui, Ismail Ertug, Knut Fleckenstein, Jacqueline Foster, Mathieu Grosch, Jim Higgins, Juozas Imbrasas, Dieter-Lebrecht Koch, Ádám Kósa, Werner Kuhn, Eva Lichtenberger, Marian-Jean Marinescu, Gesine Meissner, Hubert Pirker, Dominique Riquet, Petri Sarvamaa, Vilja Savisaar-Toomast, Olga Sehnalová, Brian Simpson, Keith Taylor, Silvia-Adriana Ţicău, Giommaria Uggias, Peter van Dalen, Dominique Vlasto, Artur Zasada, Roberts Zīle
Date adopted	Spyros Danellis, Gilles Pargneaux, Alfreds Rubiks, Janusz Władysław Zemke
Result of final vote	María Irigoyen Pérez
Members present for the final vote
Substitute(s) present for the final vote
Substitute(s) under Rule 187(2) present for the final vote
Comments (available in one language only)

PROCEDURE

Title	Sound level of motor vehicles
References	COM(2011)0856 – C7-0487/2011 – 2011/0409(COD)
Date submitted to Parliament	9.12.2011
Committee responsible        Date announced in plenary	ENVI 15.12.2011
Committee(s) asked for opinion(s)        Date announced in plenary	IMCO 15.12.2011	TRAN 15.12.2011
Rapporteur(s)        Date appointed	Miroslav Ouzký 9.1.2012
Discussed in committee	29.5.2012	20.6.2012
Date adopted	18.12.2012
Result of final vote	+: –: 0:	30 27 2
Members present for the final vote	Sophie Auconie, Pilar Ayuso, Paolo Bartolozzi, Sandrine Bélier, Milan Cabrnoch, Martin Callanan, Nessa Childers, Tadeusz Cymański, Esther de Lange, Anne Delvaux, Bas Eickhout, Edite Estrela, Karl-Heinz Florenz, Gerben-Jan Gerbrandy, Nick Griffin, Matthias Groote, Satu Hassi, Jolanta Emilia Hibner, Dan Jørgensen, Karin Kadenbach, Christa Klaß, Eija-Riitta Korhola, Holger Krahmer, Jo Leinen, Zofija Mazej Kukovič, Linda McAvan, Radvilė Morkūnaitė-Mikulėnienė, Miroslav Ouzký, Vladko Todorov Panayotov, Antonyia Parvanova, Andres Perello Rodriguez, Mario Pirillo, Pavel Poc, Frédérique Ries, Anna Rosbach, Dagmar Roth-Behrendt, Kārlis Šadurskis, Horst Schnellhardt, Richard Seeber, Theodoros Skylakakis, Claudiu Ciprian Tănăsescu, Salvatore Tatarella, Thomas Ulmer, Anja Weisgerber, Marina Yannakoudakis
Substitute(s) present for the final vote	Margrete Auken, Jutta Haug, Judith A. Merkies, Miroslav Mikolášik, Britta Reimers, Giancarlo Scottà, Alda Sousa, Claudiu Ciprian Tănăsescu, Anna Záborská, Andrea Zanoni
Substitute(s) under Rule 187(2) present for the final vote	Reinhard Bütikofer, Jean Lambert, Csaba Sógor, Josef Weidenholzer
Date tabled	21.12.2012