REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 715/2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information

20.7.2020 - (COM(2019)0208 – C9‑0009/2019 – 2019/0101(COD)) - ***I

Committee on the Environment, Public Health and Food Safety
Rapporteur: Esther de Lange
Rapporteur for the opinion (*):
Anna Cavazzini, Committee on the Internal Market and Consumer Protection
(*) Associated committee – Rule 57 of the Rules of Procedure.

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 715/2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information

(COM(2019)0208 – C9‑0009/2019 – 2019/0101(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2019)0208),

– 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 (C9‑0009/2019),

– 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 September 2019[1],

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

– having regard to the opinions of the Committee on the Internal Market and Consumer Protection and the Committee on Transport and Tourism,

– having regard to the report of the Committee on the Environment, Public Health and Food Safety (A9-0139/2020),

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

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

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

Amendment  1

Proposal for a regulation

Recital 2

Text proposed by the Commission	Amendment
(2) Regulation (EC) No 715/2007 requires new light-duty vehicles to comply with certain emission limits (Euro 5 and Euro 6 standards) and lays down additional requirements on access to vehicle repair and maintenance information. The specific technical provisions necessary to implement that Regulation were set out in Commission Regulation (EC) No 692/200816 and subsequently, in Commission Regulation (EU) 2017/115117.	(2) Regulation (EC) No 715/2007 requires new light-duty vehicles to comply with certain emission limits (Euro 5 and Euro 6 standards) and lays down additional requirements on access to vehicle repair and maintenance information, as amended and further consolidated by Regulation (EU) 2018/85815a  which applies from 1 September 2020. The specific technical provisions necessary to implement Regulation (EC) No 715/2007 were set out in Commission Regulation (EC) No 692/200816 and subsequently, in Commission Regulation (EU) 2017/115117.
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	15a Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).
16 Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 199, 28.7.2008, p. 1).	16 Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 199, 28.7.2008, p. 1).
17 Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Commission Regulation (EC) No 692/2008 (OJ L 175, 7.7.2017, p. 1).	17 Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Commission Regulation (EC) No 692/2008 (OJ L 175, 7.7.2017, p. 1).

 

Amendment  2

 

Proposal for a regulation

Recital 3

Text proposed by the Commission	Amendment
(3) The type-approval requirements relating to emissions from motor vehicles have been gradually and significantly tightened through the introduction and subsequent revision of Euro standards. While vehicles in general have delivered substantial emission reductions across the range of regulated pollutants, this was not the case for NOx emissions from diesel engines or particles for gasoline direct injection engines, installed in particular in light-duty vehicles. Actions for correcting this situation are therefore needed.	(3) The type-approval requirements relating to emissions from motor vehicles have been gradually and significantly tightened through the introduction and subsequent revision of Euro standards. While vehicles in general have delivered substantial emission reductions across the range of regulated pollutants, this was not the case for NOx emissions from diesel engines or particles for gasoline direct injection engines, installed in particular in light-duty vehicles. Actions to correct this situation are therefore needed.

Amendment  3

Proposal for a regulation

Recital 3 a (new)

Text proposed by the Commission	Amendment
	(3a) The 2019 Air Quality Report1a published by the European Environment Agency (EEA) estimated that in 2016 long-term exposure to air pollution has been responsible to more than 506 000 premature deaths in the EU-28. The report also confirmed that road transport continued to be the primary source of NOx emissions in the EU-28 in 2017, representing around 40 % of total EU NOx emissions, and that around 80 % of the total NOx emission from road transport is generated by diesel powered vehicles;
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	1a EEA Air Quality in Europe 2019 report.

Amendment  4

Proposal for a regulation

Recital 3 b (new)

Text proposed by the Commission	Amendment
	(3b) Access to vehicle repair and maintenance information for independent operators is crucial in order to re-establish consumer trust.

Amendment  5

Proposal for a regulation

Recital 3 c (new)

Text proposed by the Commission	Amendment
	(3c) Recent violations of the existing legal framework by manufacturers, including violations of their legal obligations under Regulation (EC) No 715/2007, demonstrated the weaknesses of control and enforcement mechanisms. Consumers were left without satisfactory compensation, since even where compensation was granted, it often did not bring the vehicles into conformity with Euro 5 and 6 standards. Since the increasing number of diesel bans across European cities affect citizens’ daily life, adequate compensation measures would be to equip non-compliant vehicles with the adapted exhaust treatment technology (hardware change) or, in the event that the consumer wished to exchange a purchased vehicle for a cleaner model, the offer of conversion premiums.

Amendment  6

Proposal for a regulation

Recital 5

Text proposed by the Commission	Amendment
(5) As a result, the Commission developed a new methodology for testing vehicle emissions in real-driving conditions, the real-driving emissions (RDE) test procedure. The RDE test procedure was introduced by Commission Regulations (EU) 2016/42718 and (EU) 2016/64619, subsequently taken over into Regulation (EU) 2017/1151 and further improved by Commission Regulation (EU) 2017/115420.	(5) As a result, the Commission developed a new methodology for testing vehicle emissions in real-driving conditions, the real-driving emissions (RDE) test procedure. The RDE test procedure was introduced by Commission Regulations (EU) 2016/42718 and (EU) 2016/64619, subsequently taken over into Regulation (EU) 2017/1151 and further improved by Commission Regulations (EU) 2017/115420 and (EU) 2018/183220a.
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18 Commission Regulation (EU) 2016/427 of 10 March 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6), OJ L 82, 31.3.2016, p. 1.	18 Commission Regulation (EU) 2016/427 of 10 March 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6) (OJ L 82, 31.3.2016, p. 1).
19 Commission Regulation (EU) 2016/646 of 20 April 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6) (OJ L 109, 26.04.2016, p.1).	19 Commission Regulation (EU) 2016/646 of 20 April 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6) (OJ L 109, 26.04.2016, p.1).
20 Commission Regulation (EU) 2017/1154 of 7 June 2017 amending Regulation (EU) 2017/1151 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Regulation (EC) No 692/2008 and Directive 2007/46/EC of the European Parliament and of the Council as regards real-driving emissions from light passenger and commercial vehicles (Euro 6), OJ L 175, 7.7.2017, p. 708.	20 Commission Regulation (EU) 2017/1154 of 7 June 2017 amending Regulation (EU) 2017/1151 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Regulation (EC) No 692/2008 and Directive 2007/46/EC of the European Parliament and of the Council as regards real-driving emissions from light passenger and commercial vehicles (Euro 6) (OJ L 175, 7.7.2017, p. 708).
	20a Commission Regulation (EU) 2018/1832 of 5 November 2018 amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) 2017/1151 for the purpose of improving the emission type approval tests and procedures for light passenger and commercial vehicles, including those for in-service conformity and real-driving emissions and introducing devices for monitoring the consumption of fuel and electric energy(OJ L 301, 27.11.2018, p. 1).

Amendment  7

Proposal for a regulation

Recital 6

Text proposed by the Commission	Amendment
(6) Regulation (EU) 2016/64621 introduced the dates of application of the RDE test procedure, as well as the compliance criteria for RDE. For that purpose, pollutant-specific conformity factors were used to take account of statistical and technical uncertainties of the measurements conducted by means of Portable Emission Measurement Systems (PEMS).	(6) Regulation (EU) 2016/646 introduced the dates of application of the RDE test procedure, as well as the compliance criteria for RDE. The introduction of the dates of application for passenger vehicles and light-duty vehicles was chosen in a yearly sequence to ensure timely planning for the manufacturers of each vehicle group. For that purpose, pollutant-specific conformity factors were introduced, to take account of statistical and technical uncertainties of the measurements conducted by means of Portable Emission Measurement Systems (PEMS).

Amendment  8

Proposal for a regulation

Recital 6 a (new)

Text proposed by the Commission	Amendment
	(6a) According to the EEA report from 2016, the gap between real-world and laboratory emissions was mainly due to three factors: an outdated test procedure, flexibilities in the current procedure and in-use factors which are driver dependent. A study is required in order to establish the margin that is due to the driving style and to the outside temperature. A clear distinction should be made between the CF, the device-related margin and the margin of the in-use factor which is driver- and temperature-dependent.

Amendment  9

Proposal for a regulation

Recital 7

Text proposed by the Commission	Amendment
(7) On 13 December 2018, the General Court delivered judgment in Joined Cases T-339/16, T-352/16 and T-391/1622 concerning an action for annulment of Regulation (EU) 2016/646. The General Court annulled the part of Regulation (EU) 2016/646 which established the conformity factors used to assess compliance of RDE test results with the emission limits laid down in Regulation (EC) No 715/2007. The Court found that only the legislator could introduce those conformity factors as they touched upon an essential element of Regulation (EC) No 715/2007.	(7) On 13 December 2018, the General Court delivered judgment in Joined Cases T-339/16, T-352/16 and T-391/1622 concerning an action for annulment of Regulation (EU) 2016/646. The General Court annulled the part of Regulation (EU) 2016/646 which had established the conformity factors used to assess compliance of RDE test results with the emission limits laid down in Regulation (EC) No 715/2007. The Court found that only the legislator could introduce those conformity factors as they touched upon an essential element of Regulation (EC) No 715/2007 and “result in the de facto amendment of the limits on the emissions of oxides of nitrogen laid down for the Euro 6 standards, even though those limits are to apply to those tests”.

Amendment  10

Proposal for a regulation

Recital 8

Text proposed by the Commission	Amendment
(8) The General Court did not question the technical justification of the conformity factors. Therefore, and given that at the current stage of technological development there is still a discrepancy between emissions measured in real driving and those measured in a laboratory, it is appropriate to introduce the conformity factors into Regulation (EC) No 715/2007.	(8) The General Court raised doubts as to “whether the Commission’s reliance on possible statistical errors is well founded”, in particular as regards the temporary conformity factor of 2,1 and stated that “statistical uncertainties are corrected by representativeness of the sample or of the testing or by the volume of testing”. Moreover, as regards the introduced margin of technical uncertainty, the Court affirmed that “it is impossible to determine, following an RDE test, whether a vehicle being tested complies with the legal limits or is even close to them”. Any measurement equipment has a margin of technical uncertainty and PEMS equipment, given their use in more variable conditions, has been found to have a somewhat larger margin compared to non-mobile laboratory equipment even though this can in fact mean both over- and under-estimating emissions. Given that at the current stage of technological development there is still a discrepancy between emissions measured in real driving and those measured in a laboratory, it is appropriate to temporarily introduce conformity factors into Regulation (EC) No 715/2007.

Amendment  11

Proposal for a regulation

Recital 8 a (new)

Text proposed by the Commission	Amendment
	(8a) The European Parliament's resolution of 28 March 2019 on recent developments in the 'Dieselgate' scandal welcomed the ruling of the General Court, and explicitly asked the Commission not to introduce any new conformity factor in order to ensure Euro 6 standards are not further diluted and are instead met under normal conditions of use, as originally provided for in Regulation (EC) 715/2007.

Amendment  12

Proposal for a regulation

Recital 9

Text proposed by the Commission	Amendment
(9) In order to allow manufacturers to comply with the Euro 6 emission limits in the context of RDE test procedure, the compliance criteria for RDE should be introduced in two steps. During the first step, upon the request of the manufacturer, a temporary conformity factor should apply, while as a second step only the final conformity factor should be used. The Commission should keep under review the final conformity factors in light of technical progress.	(9) In order to allow manufacturers to comply with the Euro 6 emission limits in the context of the RDE test procedure, the compliance criteria for RDE should be introduced in two steps. During the first step, upon the request of the manufacturer, a temporary conformity factor should apply, while as a second step only the final conformity factor should be used. The final conformity factor should apply during a transition period and include a margin expressing the additional measurement uncertainty linked with the introduction of the PEMS. The Commission should continuously assess that conformity factor in light of technical progress and annually adjust it downwards on the basis of scientific evidence, the improved accuracy of the measuring procedure and technical progress of the PEMS. The conformity factor should be gradually lowered and cease to apply by 30 September 2022.

Amendment  13

Proposal for a regulation

Recital 9 a (new)

	(9a) The Commission should establish by June 2021 at the latest more stringent requirements for PEMS measuring equipment that could be used for RDE tests. The standards established should, where possible, take into account any relevant elements of standardisation developed by CEN based on the best available PEMS equipment.

Amendment  14

Proposal for a regulation

Recital 9 b (new)

Text proposed by the Commission	Amendment
	(9b) It is important to emphasise that while this proposal deals with the conformity factor, the issue of the emission limit standards is to be dealt with in the context of the forthcoming post-Euro 6 proposal. In order to ensure swift progress towards the adoption of the future (post - Euro 6) emission limit values and improved air quality for Union citizens, it is essential that the Commission present, where appropriate, a legislative proposal to that effect as soon as possible and at the latest by June 2021, as announced in its communication of 11 December 2019 on "The European Green Deal", which highlights the need to shift to sustainable and smart mobility and ensure a pathway towards zero-emission mobility. No conformity factors should be used in the implementation of the post-Euro 6 standards.

Amendment  15

Proposal for a regulation

Recital 9 c (new)

Text proposed by the Commission	Amendment
	(9c) In order to encourage the producers to have a proactive, pro-environmental attitude, the new technological innovations meant to absorb NOx should be tested, quantified and considered in the subsequent revision of Euro standards.

Amendment  16

Proposal for a regulation

Recital 10

Text proposed by the Commission	Amendment
(10) The Treaty of Lisbon introduced the possibility for the legislator to delegate power to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act. The measures which can be covered by delegations of powers, as referred to in Article 290(1) TFEU, correspond in principle to those covered by the regulatory procedure with scrutiny established by Article 5a of Council Decision 1999/468/EC23 . It is therefore necessary to adapt to Article 290 TFEU the provisions of Regulation (EC) No 715/2007 which provide for the use of the regulatory procedure with scrutiny.	(10) The Treaty of Lisbon introduced the possibility for the legislator to delegate power to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act. The measures which can be covered by delegations of powers, as referred to in Article 290(1) of the Treaty on the Functioning of the European Union (TFEU), correspond in principle to those covered by the regulatory procedure with scrutiny established by Article 5a of Council Decision 1999/468/EC23. It is therefore necessary to adapt to Article 290 TFEU the provisions of Regulation (EC) No 715/2007 which provide for the use of the regulatory procedure with scrutiny.
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23 Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ L 184, 17.7.1999, p. 23).	23 Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ L 184, 17.7.1999, p. 23).

Amendment  17

Proposal for a regulation

Recital 11

Text proposed by the Commission	Amendment
(11) In order to contribute to the achievement of the Union’s air quality objectives and to reduce vehicle emissions, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFUE) should be delegated to the Commission in respect of the detailed rules on the specific procedures, tests and requirements for type approval. That delegation should include supplementing Regulation (EC) No 715/2007 by such revised rules as well as the test cycles used to measure emissions; the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems; the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information; the adoption of a revised measurement procedure for particulates. The delegation should further include amending Regulation (EC) No 715/2007 for the purposes of revising the final conformity factors downwards to reflect technical progress in PEMS and recalibrating the particulate mass based limit values and introducing particle number based limit values. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations are conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts.	(11) In order to contribute to the achievement of the Union’s air quality objectives and to reduce vehicle emissions, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the detailed rules on the specific procedures, tests and requirements for type approval. That delegation should include supplementing Regulation (EC) No 715/2007 by such revised rules as well as the test cycles used to measure emissions; the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems; the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information; and the adoption of a revised measurement procedure for particulates. Notwithstanding the short gap between the entry into force of this Regulation and the repeal of the provisions on repair and maintenance information (RMI) by Regulation (EU) 2018/858, for the purposes of legal certainty and to ensure that all options are available to the legislator, the delegation should also include the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information. The delegation should further include amending Regulation (EC) No 715/2007 for the purposes of revising the conformity factors downwards to reflect improved quality of the measuring procedure or technical progress in PEMS and recalibrating the particulate mass based limit values and introducing particle number-based limit values. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations are conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 20161a. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
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	1a OJ L 123, 12.5.2016, p. 1.

Justification

The margin of error is subject to annual review and can be revised as a result of the improved quality of the PEMS procedure or technical progress

Amendment  18

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point a

Regulation (EC) No 715/2007

Article 4 – paragraph 1 – subparagraph 2

Text proposed by the Commission	Amendment
Those obligations include meeting the emission limits set out in Annex I. For the purposes of determining compliance with the Euro 6 emission limits set out in Table 2 of Annex I, the emission values determined during any valid Real Driving Emissions (RDE) test shall be divided by the applicable conformity factor set out in Table 2a of Annex I. The result shall remain below the Euro 6 emission limits set out in Table 2 of that Annex.	Those obligations include complying with the emission limits set out in Annex I. For the purposes of determining compliance with the Euro 6 emission limits set out in Table 2 of Annex I, the emission values determined during any valid Real Driving Emissions (RDE) test shall be divided by the applicable conformity factor as set out in Table 2a of Annex I. The result shall remain below the Euro 6 emission limits set out in Table 2 of that Annex. The conformity factor shall be gradually lowered through annual downward revisions, based on assessments by the JRC. The conformity factor shall cease to apply by 30 September 2022.

Amendment  19

Proposal for a regulation

Article 1 – paragraph 1 – point 4 – point a

Regulation (EC) No 715/2007

Article 5 – paragraph 1

Text proposed by the Commission	Amendment
1. The manufacturer shall equip vehicles so that the components likely to affect emissions are designed, constructed and assembled so as to enable the vehicle, in normal use, to comply with this Regulation.;	1. The manufacturer shall equip vehicles so that the components likely to affect emissions are designed, constructed and assembled so as to enable the vehicle, in normal use, to comply with this Regulation. The manufacturer shall also guarantee the reliability of the pollution control devices and shall aim to reduce the risk of theft of these devices or tampering therewith.

Amendment  20

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 715/2007

Article 8 – paragraph 1

Text proposed by the Commission	Amendment
The Commission is empowered to adopt delegated acts in accordance with Article 14a in order to supplement Articles 6 and 7. This shall include the definition and updating of technical specifications relating to the way in which OBD and vehicle repair and maintenance information shall be provided, with special attention being paid to the specific needs of SMEs.	The Commission is empowered to adopt delegated acts in accordance with Article 14a in order to supplement Articles 6 and 7. This shall include the definition and updating of technical specifications relating to the way in which OBD and vehicle repair and maintenance information shall be provided, with special attention being paid to the specific needs of SMEs, micro-enterprises and self-employed operators.

Justification

Necessary in order to improve the scope.

Amendment  21

Proposal for a regulation

Article 1 – paragraph 1 – point 7 – point b

Regulation (EC) No 715/2007

Article 10 – paragraph 4 – subparagraph 2

Text proposed by the Commission	Amendment
The compliance with the Euro 6 limit values shall, during any valid RDE test, be determined by taking into account the pollutant-specific conformity factor set out in Table 2a of Annex I in accordance with the second subparagraph of Article 4(1).	The compliance with the Euro 6 limit values shall, during any valid RDE test, be determined by taking into account the pollutant-specific conformity factor set out in Table 2a of Annex I, in accordance with the second subparagraph of Article 4(1). The conformity factor shall be gradually lowered through annual downward revisions based on assessments by the JRC. The conformity factor shall cease to apply by 30 September 2022.

Amendment  22

Proposal for a regulation

Article 1 – paragraph 1 – point 7 – point b

Regulation (EC) No 715/2007

Article 10 – paragraph 5 – subparagraph 2

Text proposed by the Commission	Amendment
The compliance with the Euro 6 limit values shall, during any valid RDE test, be determined by taking into account the pollutant-specific conformity factor set out in Table 2a of Annex I in accordance with the second subparagraph of Article 4(1).	The compliance with the Euro 6 limit values shall, during any valid RDE test, be determined by taking into account the pollutant-specific conformity factor set out in Table 2a of Annex I, in accordance with the second subparagraph of Article 4(1). The conformity factor shall be gradually lowered through annual downward revisions based on assessments by the JRC. The conformity factor shall cease to apply by 30 September 2022.

Amendment  23

Proposal for a regulation

Article 1 – paragraph 1 – point 10

Regulation (EC) No 715/2007

Article 14 – paragraph 3 and paragraph 3 a (new)

Text proposed by the Commission	Amendment
3. The Commission is empowered to adopt delegated acts in accordance with Article 14a:	3. The Commission shall adopt no later than 1 June 2021 delegated acts in accordance with Article 14a supplementing this Regulation in order to adapt the procedures, tests and requirements as well as the test cycles used to measure emissions in order to adequately reflect real driving emissions under normal conditions of use, including inter alia temperature and boundary conditions, lowering the zero response drift and addressing hazardous spikes in particles resulting from filter cleaning, taking into account any relevant elements of standardisation developed by CEN and based on best available equipment.
(a) supplementing this Regulation in order to adapt the procedures, tests and requirements as well as the test cycles used to measure emissions in order to adequately reflect real driving emissions;
(b) amending this Regulation in order to adapt to technical progress the pollutant-specific final conformity factors set out in Table 2a to Annex I.
	3a. The Commission is empowered to adopt delegated acts in accordance with Article 14a amending this Regulation in order to adapt to technical progress and review downwards the pollutant-specific conformity factors set out in Table 2a to Annex I.

Amendment  24

Proposal for a regulation

Annex – paragraph 1

Regulation (EC) No 715/2007

Annex I – table 2a – row 2

Text proposed by the Commission
CF pollutant-final (2)		1,43	1,5		-		-	-
(2) CF pollutant-final is the conformity factor used to determine compliance with the Euro 6 emission limits by taking into account the technical uncertainties linked with the use of the Portable Emission Measurement Systems (PEMS).
Amendment
CF pollutant-final (2)	1 + margin (margin =0,32*)			1 + margin (margin =0,5*)		-	-	-
* to be revised downwards at least annually on the basis of regular assessments of the Joint Research Centre
(2) CF pollutant-final is the conformity factor used to determine compliance with the Euro 6 emission limits under a transitional period by taking into account the additional technical measurement uncertainties linked with the introduction of the Portable Emission Measurement Systems (PEMS). It is expressed as 1 + a margin of measurement uncertainty. By 30 September 2022 the margin shall be zero, and the conformity factor shall cease to apply.

 

EXPLANATORY STATEMENT

On 13 December 2018, the General Court of the European Union partly annulled Commission Regulation (EU) 2016/646. The judgment states[2] that the European Commission had no power to introduce conformity factors used to assess compliance of the vehicle with the emission limits while performing a Real Driving Emissions (RDE) test simply by using its implementing powers to amend Regulation (EC) No 715/2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6). As the Court ruled that conformity factors should be adopted through the ordinary legislative procedure, the European Commission adopted on 14 June 2019 a legislative proposal to amend Regulation (EC) No 715/2007, re-instating the conformity factors previously adopted in Commission Regulation (EU) 2016/646.

The Rapporteur finds it appropriate to re-install conformity factors consisting of the requirements for the vehicle to meet the emission limit standards Euro 5 and 6, which may not be exceeded, set out in Regulation (EC) No 715/2007 and the margin of error resulting from statistical and technical uncertainties of the Portable Emission Measurement Systems (PEMS). The Rapporteur introduces amendments to make clear that the conformity factor consists of the emission limits and the device-related error margin. Furthermore, the Rapporteur empowers the Commission to annually review downwards the conformity factors as a result of the improved quality of the measuring procedure or technical progress of the PEMS. Moreover, the Rapporteur calls on the Commission to present its post-Euro 6 proposal by mid-2021 taking into account the upcoming results of the European Committee for Standardization (CEN TC301) on a draft international standard to assess PEMS equipment.

 

 

 

OPINION OF THE COMMITTEE ON THE INTERNAL MARKET AND CONSUMER PROTECTION (19.2.2020)

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 amending Regulation (EC) No 715/2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information

(COM(2019)0208 – C9‑0009/2019 – 2019/0101(COD))

Rapporteur for opinion (*): Anna Cavazzini

(*) Associated committee – Rule 57 of the Rules of Procedure.

 

SHORT JUSTIFICATION

The core element of this legislative proposal concerns the introduction of conformity factors used to assess the compliance of vehicles with the Euro 6 emission limits set out in EU legislation while performing Real Driving Emissions (RDE) tests. The argument put forward by the Commission to justify such an introduction is that such factors are needed to reduce discrepancies between emission measurements in laboratory and in real use conditions. This proposal came after the General Court of the European Court of Justice issued a ruling on the amendment of the Euro 6 norms through delegated act by stating that it would amend an essential element of the legislation, i.e. artificially increase the limits for NOx emissions by introducing a conformity factor. The Court of Justice confirmed thus that this would require a regular legislative procedure.

The Rapporteur is of the opinion that the introduction of conformity factors for RDE measurements is a wrong signal at a time where urgent action is required to enable Member States to comply with the Air Quality Directive (2008/50/EC) and to ensure that Euro 6 emission limits are met under normal conditions. Car manufacturers should start designing vehicles complying with the emission limits set in legislation and not receive some leeway to escape their obligations. Furthermore, it triggers some uncertainty when it comes to approval and market surveillance activities by introducing a margin of error that makes it effectively difficult to determine whether vehicles comply or not with the agreed standards. However, her draft opinion does not touch upon environment-related aspects in the legal text, i.e. conformity factors; those being of ENVI competence, in line with the agreement found between our two Committees’ Chairs, while expressing the doubts mentioned above. IMCO exclusive competence relates to Repair and Maintenance Information under Chapter III of Regulation 715/2007/EU, a Chapter that is amended and consolidated in Regulation 858/2018. Amendments concerning those parts are therefore of technical nature.

As regards provisions specifying the conditions for delegated powers to the Commission (Article 1(11) [Article 14a]), the proposal of the Rapporteur is to shorten the period from five years to two years to assess by end 2022 whether further measures are needed. The European Commission committed publicly to bring the conformity factor down to 1 as soon as possible and at the latest by 2023. Delegation powers conferred should therefore respect the same timeframe.

 

 

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 take into account the following amendments:

Amendment  1

Proposal for a regulation

Recital 2

Text proposed by the Commission	Amendment
(2) Regulation (EC) No 715/2007 requires new light-duty vehicles to comply with certain emission limits (Euro 5 and Euro 6 standards) and lays down additional requirements on access to vehicle repair and maintenance information. The specific technical provisions necessary to implement that Regulation were set out in Commission Regulation (EC) No 692/200816 and subsequently, in Commission Regulation (EU) 2017/115117.	(2) Regulation (EC) No 715/2007 requires new light-duty vehicles to comply with certain emission limits (Euro 5 and Euro 6 standards) and lays down additional requirements on access to vehicle repair and maintenance information, which were amended and further consolidated by Regulation (EU) 2018/85815a, which applies from 1 September 2020. The specific technical provisions necessary to implement Regulation (EC) No 715/2007 were set out in Commission Regulation (EC) No 692/200816 and subsequently, in Commission Regulation (EU) 2017/115117.
__________________	__________________
	15a Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).
16 Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 199, 28.7.2008, p. 1).	16 Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 199, 28.7.2008, p. 1).
17 Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Commission Regulation (EC) No 692/2008 (OJ L 175, 7.7.2017, p. 1).	17 Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Commission Regulation (EC) No 692/2008 (OJ L 175, 7.7.2017, p. 1).

Amendment  2

Proposal for a regulation

Recital 3 a (new)

Text proposed by the Commission	Amendment
	(3a) Access to vehicle repair and maintenance information for independent operators is crucial in order to re-establish consumer trust.

Amendment  3

Proposal for a regulation

Recital 3 b (new)

Text proposed by the Commission	Amendment
	(3b) Recent violations of the existing legal framework by manufacturers, including violations of their legal obligations under Regulation (EC) No 715/2007, demonstrated the weaknesses of control and enforcement mechanisms. Consumers were left without satisfactory compensation, since even where compensation was granted, it often did not bring the vehicles into conformity with Euro 5 and 6 standards. Since the increasing number of diesel bans across European cities affect citizens’ daily life, adequate compensation measures would be the equipment of non-compliant vehicles with the adapted exhaust treatment technology (hardware change) or, in the event that the consumer wished to exchange a purchased vehicle for a cleaner model, the offer of conversion premiums.

Amendment  4

Proposal for a regulation

Recital 11

Text proposed by the Commission	Amendment
(11) In order to contribute to the achievement of the Union’s air quality objectives and to reduce vehicle emissions, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFUE) should be delegated to the Commission in respect of the detailed rules on the specific procedures, tests and requirements for type approval. That delegation should include supplementing Regulation (EC) No 715/2007 by such revised rules as well as the test cycles used to measure emissions; the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems; the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information; the adoption of a revised measurement procedure for particulates. The delegation should further include amending Regulation (EC) No 715/2007 for the purposes of revising the final conformity factors downwards to reflect technical progress in PEMS and recalibrating the particulate mass based limit values and introducing particle number based limit values. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations are conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts.	(11) In order to contribute to the achievement of the Union’s air quality objectives and to reduce vehicle emissions, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFUE) should be delegated to the Commission in respect of the detailed rules on the specific procedures, tests and requirements for type approval. That delegation should include supplementing Regulation (EC) No 715/2007 by such revised rules as well as the test cycles used to measure emissions; the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems; the adoption of a revised measurement procedure for particulates. Notwithstanding the short gap between the entry into force of this Regulation and the repeal of the provisions regarding repair and maintenance information (RMI) by Regulation (EU) 2018/858, for the purposes of legal certainty and to ensure all options are available to the legislator, the delegation should also include the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information. The delegation should further include amending Regulation (EC) No 715/2007 for the purposes of revising the final conformity factors downwards to reflect technical progress in PEMS and recalibrating the particulate mass based limit values and introducing particle number based limit values. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations are conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment  5

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 715/2007

Article 8 – paragraph 1

Text proposed by the Commission	Amendment
The Commission is empowered to adopt delegated acts in accordance with Article 14a in order to supplement Articles 6 and 7. This shall include the definition and updating of technical specifications relating to the way in which OBD and vehicle repair and maintenance information shall be provided, with special attention being paid to the specific needs of SMEs.;	The Commission is empowered to adopt delegated acts in accordance with Article 14a in order to supplement Articles 6 and 7. This shall include the definition and updating of technical specifications relating to the way in which OBD and vehicle repair and maintenance information shall be provided, with special attention being paid to the specific needs of SMEs, micro-enterprises and self-employed operators.;

Justification

Necessary in order to improve the scope.

 

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title	Type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information
References	COM(2019)0208 – C9-0009/2019 – 2019/0101(COD)
Committee responsible  Date announced in plenary	ENVI 15.7.2019
Opinion by  Date announced in plenary	IMCO 15.7.2019
Associated committees - date announced in plenary	19.12.2019
Rapporteur  Date appointed	Anna Cavazzini 18.7.2019
Discussed in committee	4.12.2019	23.1.2020
Date adopted	18.2.2020
Result of final vote	+: –: 0:	35 1 3
Members present for the final vote	Alex Agius Saliba, Andrus Ansip, Alessandra Basso, Brando Benifei, Hynek Blaško, Vlad-Marius Botoş, Markus Buchheit, Dita Charanzová, Petra De Sutter, Carlo Fidanza, Evelyne Gebhardt, Alexandra Geese, Sandro Gozi, Maria Grapini, Virginie Joron, Eugen Jurzyca, Arba Kokalari, Marcel Kolaja, Kateřina Konečná, Andrey Kovatchev, Jean-Lin Lacapelle, Maria Manuel Leitão Marques, Adriana Maldonado López, Antonius Manders, Leszek Miller, Dan-Ştefan Motreanu, Kris Peeters, Anne-Sophie Pelletier, Miroslav Radačovský, Christel Schaldemose, Andreas Schwab, Tomislav Sokol, Róża Thun und Hohenstein, Kim Van Sparrentak, Marion Walsmann
Substitutes present for the final vote	Anna Cavazzini, Krzysztof Hetman, Evžen Tošenovský, Edina Tóth

 

 

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

35

+

ID GUE/NGL NI PPE Renew S&D Verts/ALE

Alessandra Basso, Markus Buchheit, Virginie Joron, Jean‑Lin Lacapelle Kateřina Konečná, Anne‑Sophie Pelletier Miroslav Radačovský Krzysztof Hetman, Arba Kokalari, Andrey Kovatchev, Antonius Manders, Dan‑Ştefan Motreanu, Kris Peeters, Andreas Schwab, Tomislav Sokol, Róża Thun und Hohenstein, Edina Tóth, Marion Walsmann Andrus Ansip, Vlad‑Marius Botoş, Dita Charanzová, Sandro Gozi Alex Agius Saliba, Brando Benifei, Evelyne Gebhardt, Maria Grapini, Maria Manuel Leitão Marques, Adriana Maldonado López, Leszek Miller, Christel Schaldemose Anna Cavazzini, Petra De Sutter, Alexandra Geese, Marcel Kolaja, Kim Van Sparrentak

 

1	-
ID	Hynek Blaško

 

3	0
ECR	Carlo Fidanza, Eugen Jurzyca, Evžen Tošenovský

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 

 

 

 

OPINION OF THE COMMITTEE ON TRANSPORT AND TOURISM (19.2.2020)

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 amending Regulation (EC) No 715/2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information

(COM(2019)0208 – C9‑0009/2019 – 2019/0101(COD))

Rapporteur for opinion: Sven Schulze

 

SHORT JUSTIFICATION

The opinion of the Committee on Transport for the Committee on the Environment, as the committee responsible, was rendered necessary by a court ruling on EU jurisdiction.

In a judgment of 13 December 2018, it was found that conformity factors for type approval under Regulation (EC) No 715/2007 of the European Parliament and of the Council1 should not have been introduced through the comitology procedure. The ordinary legislative procedure should have been used instead. An appeal procedure against this judgment is pending. However, the Commission has decided to submit, concurrently, a legislative proposal for the introduction of conformity factors.

The rapporteur welcomes the Commission’s intention to ensure legal certainty and reliability for manufacturers and consumers through this legislative proposal. This also includes, in the opinion of the rapporteur, the fact that manufacturers and consumers can continue to rely on the conformity factors which are familiar from the comitology procedure.

He would like to suggest that the conformity factors be clearly separated from error margins in future and is proposing amendments to this effect.

_______

1 Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1).

AMENDMENTS

The Committee on Transport and Tourism calls on the Committee for the Environment, Public Health and Food Safety, as the committee responsible, to take into account the following amendments:

Amendment  1

 

Proposal for a regulation

Recital 3

Text proposed by the Commission	Amendment
(3) The type-approval requirements relating to emissions from motor vehicles have been gradually and significantly tightened through the introduction and subsequent revision of Euro standards. While vehicles in general have delivered substantial emission reductions across the range of regulated pollutants, this was not the case for NOx emissions from diesel engines or particles for gasoline direct injection engines, installed in particular in light-duty vehicles. Actions for correcting this situation are therefore needed.	(3) The type-approval requirements relating to emissions from motor vehicles have been gradually and significantly tightened through the introduction and subsequent revision of Euro standards. While vehicles in general have delivered substantial emission reductions across the range of regulated pollutants covered by this regime, this was not the case for NOx emissions from diesel engines or particles for gasoline direct injection engines, installed in particular in light-duty vehicles. To achieve a further reduction of NOx emission in real driving conditions the development of new technologies via certification and standardisation of PEMS devices is needed. The error margin should be revised by the Commission downwards on an annual basis until a high level of accuracy is reached, reflecting the improved quality of the measuring procedure and the technical progress of PEMS equipment, unless the Commission justifies the reason for not being able to do so.

Amendment  2

Proposal for a regulation

Recital 4

Text proposed by the Commission	Amendment
(4) The Commission performed a detailed analysis of the procedures, tests and requirements for type approval that are set out in Regulation (EC) No 692/2008 on the basis of own research and external information and found that the emissions generated by real driving on the road of Euro 5 or Euro 6 vehicles substantially exceed the emissions measured on the regulatory New European Driving Cycle (NEDC), in particular with respect to NOx emissions of diesel vehicles.	(4) The Commission performed a detailed analysis of the procedures, tests and requirements for type approval that are set out in Regulation (EC) No 692/2008 on the basis of own research and external information and found that the emissions generated by real driving on the road of Euro 5 or Euro 6 vehicles in almost all cases substantially exceed the emissions measured on the regulatory New European Driving Cycle (NEDC), in particular with respect to NOx emissions of diesel vehicles.

Amendment  3

Proposal for a regulation

Recital 5

Text proposed by the Commission	Amendment
(5) As a result, the Commission developed a new methodology for testing vehicle emissions in real-driving conditions, the real-driving emissions (RDE) test procedure. The RDE test procedure was introduced by Commission Regulations (EU) 2016/42718 and (EU) 2016/64619, subsequently taken over into Regulation (EU) 2017/1151 and further improved by Commission Regulation (EU) 2017/115420.	(5) As a result, the Commission developed a new methodology for testing vehicle emissions in real-driving conditions, the real-driving emissions (RDE) test procedure. The RDE test procedure was introduced by Commission Regulations (EU) 2016/42718 and (EU) 2016/64619, subsequently taken over into Regulation (EU) 2017/1151 and further improved by Commission Regulations (EU) 2017/115420 and 2018/183220a.
__________________	__________________
18 Commission Regulation (EU) 2016/427 of 10 March 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6), OJ L 82, 31.3.2016, p. 1.	18 Commission Regulation (EU) 2016/427 of 10 March 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6), OJ L 82, 31.3.2016, p. 1.
19 Commission Regulation (EU) 2016/646 of 20 April 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6) (OJ L 109, 26.04.2016, p.1).	19 Commission Regulation (EU) 2016/646 of 20 April 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6) (OJ L 109, 26.04.2016, p.1).
20 Commission Regulation (EU) 2017/1154 of 7 June 2017 amending Regulation (EU) 2017/1151 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Regulation (EC) No 692/2008 and Directive 2007/46/EC of the European Parliament and of the Council as regards real-driving emissions from light passenger and commercial vehicles (Euro 6), OJ L 175, 7.7.2017, p. 708.	20 Commission Regulation (EU) 2017/1154 of 7 June 2017 amending Regulation (EU) 2017/1151 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Regulation (EC) No 692/2008 and Directive 2007/46/EC of the European Parliament and of the Council as regards real-driving emissions from light passenger and commercial vehicles (Euro 6), OJ L 175, 7.7.2017, p. 708.
	20a Commission Regulation (EU) 2018/1832 of 5 November 2018 amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) 2017/1151 for the purpose of improving the emission type approval tests and procedures for light passenger and commercial vehicles, including those for in-service conformity and real-driving emissions and introducing devices for monitoring the consumption of fuel and electric energy, OJ L 301, 27.11.2018, p. 1.

Amendment  4

 

Proposal for a regulation

Recital 6

Text proposed by the Commission	Amendment
(6) Regulation (EU) 2016/64621 introduced the dates of application of the RDE test procedure, as well as the compliance criteria for RDE. For that purpose, pollutant-specific conformity factors were used to take account of statistical and technical uncertainties of the measurements conducted by means of Portable Emission Measurement Systems (PEMS).	(6) Regulation (EU) 2016/64621 introduced the dates of application of the RDE test procedure, as well as the compliance criteria for RDE. For that purpose, pollutant-specific conformity factors were introduced, and separate error margins were used to take account of statistical and technical uncertainties of the measurements Portable Emission Measurement Systems (PEMS). The conformity factor (CF=1) should be clearly separated from any device-related margin of error.
__________________	__________________
21 Commission Regulation (EU) 2016/646 of 20 April 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6) (OJ L 109, 26.04.2016, p.1).	21 Commission Regulation (EU) 2016/646 of 20 April 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6) (OJ L 109, 26.04.2016, p.1).

Amendment  5

Proposal for a regulation

Recital 7

Text proposed by the Commission	Amendment
(7) On 13 December 2018, the General Court delivered judgment in Joined Cases T-339/16, T-352/16 and T-391/1622 concerning an action for annulment of Regulation (EU) 2016/646. The General Court annulled the part of Regulation (EU) 2016/646 which established the conformity factors used to assess compliance of RDE test results with the emission limits laid down in Regulation (EC) No 715/2007. The Court found that only the legislator could introduce those conformity factors as they touched upon an essential element of Regulation (EC) No 715/2007.	(7) On 13 December 2018, the General Court delivered judgment in Joined Cases T-339/16, T-352/16 and T-391/1622 concerning an action for annulment of Regulation (EU) 2016/646. The General Court annulled the part of Regulation (EU) 2016/646 which established the conformity factors and error margins used to assess compliance of RDE test results with the emission limits laid down in Regulation (EC) No 715/2007. The Court found that only the legislator could introduce those conformity factors and error margins as they touched upon an essential element of Regulation (EC) No 715/2007. An appeal against this judgment is pending.
__________________	__________________
22 Judgment of 13 December 2018, Ville de Paris, Ville de Bruxelles and Ayuntamiento de Madrid v Commission, T-339/16, T-352/16 and T-391/16, EU:T:2018:927.	22 Judgment of 13 December 2018, Ville de Paris, Ville de Bruxelles and Ayuntamiento de Madrid v Commission, T-339/16, T-352/16 and T-391/16, EU:T:2018:927.

Amendment  6

 

Proposal for a regulation

Recital 8

Text proposed by the Commission	Amendment
(8) The General Court did not question the technical justification of the conformity factors. Therefore, and given that at the current stage of technological development there is still a discrepancy between emissions measured in real driving and those measured in a laboratory, it is appropriate to introduce the conformity factors into Regulation (EC) No 715/2007.	(8) The General Court did not question the technical justification of the conformity factors and error margins. Therefore, and given that at the current stage of technological development there is still a discrepancy between emissions measured in real driving and those measured in a laboratory, it is appropriate to introduce the exact same conformity factors and the error margin when using PEMS into Regulation (EC) No 715/2007.

Amendment  7

 

Proposal for a regulation

Recital 9

Text proposed by the Commission	Amendment
(9) In order to allow manufacturers to comply with the Euro 6 emission limits in the context of RDE test procedure, the compliance criteria for RDE should be introduced in two steps. During the first step, upon the request of the manufacturer, a temporary conformity factor should apply, while as a second step only the final conformity factor should be used. The Commission should keep under review the final conformity factors in light of technical progress.	(9) In order to allow manufacturers to comply with the Euro 6 emission limits in the context of RDE test procedure, the compliance criteria for RDE should be introduced in two steps. During the first step, upon the request of the manufacturer, a temporary conformity factor should apply, while as a second step only the final conformity factor should be used. The Commission should keep the error margin under annual review, taking into account the technical progress of motor vehicles and of Portable Emission Measurement Instruments (PEMS), and use them for future legislative acts.

Amendment  8

 

Proposal for a regulation

Recital 9 a (new)

Text proposed by the Commission	Amendment
	(9 a) To avoid legal uncertainty on type approvals already granted since 1 September 2017 as well as on future type approvals, it is of great importance to re-instate all the previously adopted conformity factors and error margins without change to the global figure, especially considering that manufacturers have already designed their vehicles taking into account the RDE procedure previously adopted. In order to revise the error margin downwards, the Commission is called upon to take into consideration any standards adopted by the European Committee for Standardisation (CEN) for a standard procedure to assess RDE measurement uncertainty with regard to gaseous and particle emissions. The Commission will therefore mandate CEN to work out a PEMS-Performance Standard for determination of individual error margins of PEM-Systems. Before applying a PEMS-Performance Standard the Commission is committed to keeping the error margin under annual review and to update it only once improvements in the measuring technology are made.

Amendment  9

Proposal for a regulation

Recital 11

Text proposed by the Commission	Amendment
(11) In order to contribute to the achievement of the Union’s air quality objectives and to reduce vehicle emissions, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFUE) should be delegated to the Commission in respect of the detailed rules on the specific procedures, tests and requirements for type approval. That delegation should include supplementing Regulation (EC) No 715/2007 by such revised rules as well as the test cycles used to measure emissions; the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems; the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information; the adoption of a revised measurement procedure for particulates. The delegation should further include amending Regulation (EC) No 715/2007 for the purposes of revising the final conformity factors downwards to reflect technical progress in PEMS and recalibrating the particulate mass based limit values and introducing particle number based limit values. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations are conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States’ experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts.	(11) In order to contribute to the achievement of the Union’s air quality objectives and to reduce vehicle emissions, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFUE) should be delegated to the Commission in respect of the detailed rules on the specific procedures, tests and requirements for type approval. That delegation should include supplementing Regulation (EC) No 715/2007 by such revised rules as well as the test cycles used to measure emissions; the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems. The delegation should further include amending Regulation (EC) No 715/2007 for the purposes of revising the error margins to reflect technical progress in PEMS. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations are conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment  10

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point a

Regulation (EC) No 715/2007

Article 4 – paragraph 1 – subparagraph 2

Text proposed by the Commission	Amendment
Those obligations include meeting the emission limits set out in Annex I. For the purposes of determining compliance with the Euro 6 emission limits set out in Table 2 of Annex I, the emission values determined during any valid Real Driving Emissions (RDE) test shall be divided by the applicable conformity factor set out in Table 2a of Annex I. The result shall remain below the Euro 6 emission limits set out in Table 2 of that Annex.;	Those obligations include compliancewith the emission limits set out in Annex I. For the purposes of determining compliance with the Euro 6 emission limits set out in Table 2 of Annex I, the emission values determined during any valid Real Driving Emissions (RDE) test shall be divided by the applicable conformity factor or, where specified, by the sum of the applicable conformity factor and error margin set out in Table 2a of Annex I. The result shall comply with the Euro 6 emission limits set out in Table 2 of that Annex.”;

Amendment  11

Proposal for a regulation

Article 1 – paragraph 1 – point 4 – point a

Regulation (EC) No 715/2007

Article 5 – paragraph 1

Text proposed by the Commission	Amendment
1. The manufacturer shall equip vehicles so that the components likely to affect emissions are designed, constructed and assembled so as to enable the vehicle, in normal use, to comply with this Regulation.;	1. The manufacturer shall equip vehicles so that the components likely to affect emissions are designed, constructed and assembled so as to enable the vehicle, in normal use, to comply with this Regulation. The manufacturer shall also guarantee the reliability of the pollution control devices and shall aim to reduce the risk of theft of these devices or tampering therewith.

Amendment  12

 

Proposal for a regulation

Article 1 – paragraph 1 – point 10

Regulation (EC) No 715/2007

Article 14 – paragraph 2

Text proposed by the Commission	Amendment
2. The Commission is empowered to adopt delegated acts in accordance with Article 14a in order to adopt the following measures based on the results of the UNECE Particulate Measurement Programme, conducted under the auspices of the World Forum for Harmonisation of Vehicle Regulations, without lowering the level of environmental protection within the Union:	2. The Commission is empowered to adopt delegated acts in accordance with Article 14a:
(a) amend this Regulation for the purposes of reviewing the particulate mass and particle number limit values set out in Annex I;	(a) amending this Regulation in order to revise the pollutant-specific error margins set out in Table 2a to Annex I in light of technical progress by taking into account the technical uncertainties linked with the use of Portable Emission Measurement Systems (PEMS);
(b) supplement this Regulation by the adoption of a revised measurement procedure for particle numbers.	(b) supplementing this Regulation in order to adapt the procedures, tests and requirements as well as the test cycles used to measure emissions in order to adequately reflect real driving emissions;

Amendment  13

 

Proposal for a regulation

Article 1 – paragraph 1 – point 10

Regulation (EC) No 715/2007

Article 14 – paragraph 3 – point b

Text proposed by the Commission	Amendment
(b) amending this Regulation in order to adapt to technical progress the pollutant-specific final conformity factors set out in Table 2a to Annex I.;	(b) amending this Regulation in order to revise the pollutant-specific error margins set out in Table 2a to Annex I in light of technical progress by taking into account the technical uncertainties linked with the use of Portable Emission Measurement Systems (PEMS).;

Amendment  14

Proposal for a regulation

Article 1 – paragraph 1 – point 10 a (new)

Regulation (EC) No 715/2007

Article 14 – paragraph 5 a (new)

Text proposed by the Commission	Amendment
	(10a) In Article 14, the following paragraph is added:
	5a. The Commission shall take into account any standards adopted by the European Committee for Standardization (CEN) which provide a technically sound approach to assess RDE measurement uncertainty with regard to gaseous and particle emissions, with the aim of requiring the use of such a standard under this Regulation in order for an appropriate authority to verify a specific margin of uncertainty for PEMS applications and to consider if that is sufficient to replace the specific margins of error indicated in Table 2a in Annex I to this Regulation or to complement it.

Amendment  15

 

Proposal for a regulation

Annex – paragraph 1

Regulation (EC) No 715/2007

Annex I – table 2a

Text proposed by the Commission
Table 2a: Real Driving Emissions Conformity Factors
	Oxides of nitrogen (NOx)	Number of particles (PN)	Carbon monoxide (CO)(1)	Total hydrocarbons (THC)	Combined hydrocarbons and oxides of nitrogen (THC + NOx)
CFpollutant-final (2)	1.43	1.5
CF pollutant-temp (3)	2.1	1.5
(1) CO emissions shall be measured and recorded for all RDE tests.
(2) CFpollutant-final is the conformity factor used to determine compliance with the Euro 6 emission limits by taking into account the technical uncertainties linked with the use of the Portable Emission Measurement Systems (PEMS).
(3) CF pollutant-temp is the temporary conformity factor that may be used upon request of the manufacturer as an alternative to CFpollutant-final during a period of 5 years and 4 months following the dates specified in Article 10(4) and (5).”
Amendment
Table 2a: Real Driving Emissions Conformity Factors(0a)
	Oxides of nitrogen (NOx)	Number of particles (PN)	Carbon monoxide (CO)(1)	Total hydrocarbons (THC)	Combined hydrocarbons and oxides of nitrogen (THC + NOx)
CFpollutant-final (2)	1 + margin, with margin = 0,43	1 + margin, with margin = 0,5
CF pollutant-temp (3)	2.1	1 + margin, with margin = 0,5
(0a) In order to verify an individual error margin of PEM-Systems to complement or replace the margins in table 2a in the Annex to this Regulation, the Commission shall take into account any CEN standards which provide a technically sound approach to assess RDE measurement error margin with respect to measuring gaseous and particle emissions (NOx and PN) with a view to determine a PEMS standard.
(1) CO emissions shall be measured and recorded for all RDE tests.
(2) CFpollutant-final is the conformity factor used to determine compliance with the Euro 6 emission limits expressed as the sum of the target value for vehicle emissions performance and the technical uncertainties linked with the use of the Portable Emission Measurement Systems (PEMS), i.e. margin (of error).
(3) CF pollutant-temp is the temporary conformity factor that may be used upon request of the manufacturer as an alternative to CFpollutant-final during a period of 5 years and 4 months following the dates specified in Article 10(4) and (5).”

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title	Type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information
References	COM(2019)0208 – C9-0009/2019 – 2019/0101(COD)
Committee responsible  Date announced in plenary	ENVI 15.7.2019
Opinion by  Date announced in plenary	TRAN 15.7.2019
Rapporteur  Date appointed	Sven Schulze 29.7.2019
Date adopted	19.2.2020
Result of final vote	+: –: 0:	38 7 0
Members present for the final vote	Andris Ameriks, José Ramón Bauzá Díaz, Marco Campomenosi, Jakop G. Dalunde, Rosa D’Amato, Johan Danielsson, Andor Deli, Karima Delli, Anna Deparnay-Grunenberg, Ismail Ertug, Giuseppe Ferrandino, Jens Gieseke, Elsi Katainen, Kateřina Konečná, Elena Kountoura, Julie Lechanteux, Bogusław Liberadzki, Peter Lundgren, Benoît Lutgen, Elżbieta Katarzyna Łukacijewska, Marian-Jean Marinescu, Tilly Metz, Giuseppe Milazzo, Cláudia Monteiro de Aguiar, Jan-Christoph Oetjen, Rovana Plumb, Tomasz Piotr Poręba, Dominique Riquet, Massimiliano Salini, Sven Schulze, Vera Tax, Petar Vitanov, Elissavet Vozemberg-Vrionidi
Substitutes present for the final vote	Clotilde Armand, Tom Berendsen, Paolo Borchia, Josianne Cutajar, Clare Daly, Angel Dzhambazki, Valter Flego, Roman Haider, Pär Holmgren, Ondřej Kovařík, Robert Roos, Henna Virkkunen

 

 

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

38	+
ECR	Angel Dzhambazki, Peter Lundgren, Tomasz Piotr Poręba, Robert Roos
GUE/NGL	Kateřina Konečná, Elena Kountoura
ID	Paolo Borchia, Marco Campomenosi, Roman Haider, Julie Lechanteux
PPE	Tom Berendsen, Andor Deli, Jens Gieseke, Elżbieta Katarzyna Łukacijewska, Benoît Lutgen, Marian-Jean Marinescu, Giuseppe Milazzo, Cláudia Monteiro de Aguiar, Massimiliano Salini, Sven Schulze, Henna Virkkunen, Elissavet Vozemberg-Vrionidi
RENEW	Clotilde Armand, José Ramón Bauzá Díaz, Valter Flego, Elsi Katainen, Ondřej Kovařík, Jan-Christoph Oetjen, Dominique Riquet
S&D	Andris Ameriks, Josianne Cutajar, Johan Danielsson, Ismail Ertug, Giuseppe Ferrandino, Bogusław Liberadzki, Rovana Plumb, Vera Tax, Petar Vitanov

 

7	-
GUE/NGL	Clare Daly
NI	Rosa D'Amato
VERTS/ALE	Jakop G. Dalunde, Karima Delli, Anna Deparnay-Grunenberg, Pär Holmgren, Tilly Metz

 

0	0

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

PROCEDURE – COMMITTEE RESPONSIBLE

Title	Type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information
References	COM(2019)0208 – C9-0009/2019 – 2019/0101(COD)
Date submitted to Parliament	14.6.2019
Committee responsible  Date announced in plenary	ENVI 15.7.2019
Committees asked for opinions  Date announced in plenary	ITRE 15.7.2019	IMCO 15.7.2019	TRAN 15.7.2019
Not delivering opinions  Date of decision	ITRE 23.7.2019
Associated committees  Date announced in plenary	IMCO 19.12.2019
Rapporteurs  Date appointed	Esther de Lange 10.9.2019
Discussed in committee	13.7.2020
Date adopted	14.7.2020
Result of final vote	+: –: 0:	55 14 11
Members present for the final vote	Nikos Androulakis, Bartosz Arłukowicz, Margrete Auken, Simona Baldassarre, Marek Paweł Balt, Traian Băsescu, Aurelia Beigneux, Monika Beňová, Sergio Berlato, Alexander Bernhuber, Malin Björk, Simona Bonafè, Delara Burkhardt, Pascal Canfin, Sara Cerdas, Mohammed Chahim, Tudor Ciuhodaru, Nathalie Colin-Oesterlé, Miriam Dalli, Esther de Lange, Christian Doleschal, Bas Eickhout, Eleonora Evi, Agnès Evren, Fredrick Federley, Andreas Glück, Catherine Griset, Jytte Guteland, Teuvo Hakkarainen, Anja Hazekamp, Martin Hojsík, Pär Holmgren, Jan Huitema, Yannick Jadot, Adam Jarubas, Petros Kokkalis, Athanasios Konstantinou, Ewa Kopacz, Joanna Kopcińska, Ryszard Antoni Legutko, Peter Liese, Sylvia Limmer, Javi López, César Luena, Fulvio Martusciello, Liudas Mažylis, Joëlle Mélin, Tilly Metz, Dolors Montserrat, Alessandra Moretti, Dan-Ștefan Motreanu, Ville Niinistö, Ljudmila Novak, Grace O’Sullivan, Jutta Paulus, Stanislav Polčák, Jessica Polfjärd, Luisa Regimenti, Frédérique Ries, Sándor Rónai, Rob Rooken, Silvia Sardone, Christine Schneider, Günther Sidl, Linea Søgaard-Lidell, Nicolae Ştefănuță, Edina Tóth, Véronique Trillet-Lenoir, Petar Vitanov, Alexandr Vondra, Mick Wallace, Pernille Weiss, Michal Wiezik, Tiemo Wölken, Anna Zalewska
Substitutes present for the final vote	Margarita de la Pisa Carrión, Billy Kelleher, Kateřina Konečná, Danilo Oscar Lancini, Susana Solís Pérez
Date tabled	20.7.2020

 

 

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

55	+
GUE/NGL	Anja HAZEKAMP, Petros KOKKALIS, Kateřina KONEČNÁ
NI	Athanasios KONSTANTINOU
PPE	Bartosz ARŁUKOWICZ, Traian BĂSESCU, Alexander BERNHUBER, Nathalie COLIN-OESTERLÉ, Christian DOLESCHAL, Agnès EVREN, Ewa KOPACZ, Esther de LANGE, Peter LIESE, Liudas MAŽYLIS, Dan-Ștefan MOTREANU, Ljudmila NOVAK, Stanislav POLČÁK, Jessica POLFJÄRD, Christine SCHNEIDER, Pernille WEISS, Michal WIEZIK
RENEW	Pascal CANFIN, Fredrick FEDERLEY, Martin HOJSÍK, Jan HUITEMA, Billy KELLEHER, Frédérique RIES, Susana SOLÍS PÉREZ, Linea SØGAARD-LIDELL, Véronique TRILLET-LENOIR
S&D	Nikos ANDROULAKIS, Marek Paweł BALT, Monika BEŇOVÁ, Simona BONAFÈ, Delara BURKHARDT, Sara CERDAS, Mohammed CHAHIM, Tudor CIUHODARU, Miriam DALLI, Jytte GUTELAND, Javi LÓPEZ, César LUENA, Alessandra MORETTI, Sándor RÓNAI, Günther SIDL, Petar VITANOV, Tiemo WÖLKEN
VERTS/ALE	Margrete AUKEN, Bas EICKHOUT, Pär HOLMGREN, Yannick JADOT, Tilly METZ, Ville NIINISTÖ, Grace O'SULLIVAN, Jutta PAULUS

 

14	-
ECR	Sergio BERLATO, Margarita DE LA PISA CARRIÓN, Joanna KOPCIŃSKA, Ryszard Antoni LEGUTKO, Alexandr VONDRA, Anna ZALEWSKA
GUE/NGL	Mick WALLACE
ID	Simona BALDASSARRE, Teuvo HAKKARAINEN, Danilo Oscar LANCINI, Sylvia LIMMER, Luisa REGIMENTI, Silvia SARDONE
NI	Eleonora EVI

 

11	0
ECR	Rob ROOKEN
GUE/NGL	Malin BJÖRK
ID	Aurelia BEIGNEUX, Catherine GRISET, Joëlle MÉLIN
PPE	Adam JARUBAS, Fulvio MARTUSCIELLO, Dolors MONTSERRAT, Edina TÓTH
RENEW	Andreas GLÜCK, Nicolae ŞTEFĂNUȚĂ

 

 

Key to symbols:

+ : in favour

- : against

0 : abstention

• [1] OJ C 14, 15.1.2020, p. 78.
• [1] OJ C 14, 15.1.2020, p. 78.
• [2]  Direct Actions T339/16 (Ville de Paris/Commission), T-352/16 (Ville de Bruxelles/Commission) and T-391/16 (Ayuntamiento de Madrid/Commission)