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Index  Texts adopted Tuesday, 2 July 2002 - Strasbourg Seed of oil and fibre plants * (procedure without report)   INTERBUS Agreement *** (procedure without debate)   Pollutants from non-road mobile machinery ***II (procedure without debate)   Community statistics on science and technology ***I (procedure without debate)   Protection of animals used for experimental purposes ***I (procedure without debate)   Protection of vertebrate animals used for experimental purposes * (procedure without debate)   Long-range transboundary air pollution * (procedure without debate)   Request for waiver of immunity of Mr Korakas   Restriction on heavy goods vehicles involved in international transport ***I   Aid in the field of trans-European networks ***I   Excise duty on biofuels *   Operation of Euratom Safeguards Office 1999-2000   Cinematographic and other audiovisual works   Conciliation procedure (2003 budget)   Implementation of 2002 budget Seed of oil and fibre plants * (procedure without report)  4k  23k Proposal for a Council directive amending Directive 69/208/EEC on the marketing of seed of oil and fibre plants (COM(2002) 232 - C5-0301/2002 - 2002/0105(CNS)) (Consultation procedure) The proposal was approved. INTERBUS Agreement *** (procedure without debate)  109k  26k European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the INTERBUS Agreement on the international occasional carriage of passengers by coach and bus (13262/1/2001 – COM(2001) 540 – C5-0087/2002 – 2001/0242(AVC)) P5_TA(2002)0336 A5-0235/2002 (Assent procedure) The European Parliament, −   having regard to the proposal for a Council decision (COM(2001) 540(1)), −   having regard to the INTERBUS Agreement on the international occasional carriage of passengers by coach and bus (13262/1/2001), −   having regard to the Council's request for Parliament's assent pursuant to Article 300(3), second subparagraph, in conjunction with Article 71(1) and 93 of the EC Treaty (C5-0087/2002), −   having regard to Rules 86 and 97(7) of its Rules of Procedure, −   having regard to the report of the Committee on Regional Policy, Transport and Tourism (A5-0235/2002), 1.  Gives its assent to conclusion of the agreement; 2.  Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and third countries in Central and Eastern Europe which are members of the Conference of Ministers of Transport. (1) OJ C 51 E, 26.2.2002, p. 193. " Pollutants from non-road mobile machinery ***II (procedure without debate)  1055k  2542k Resolution Consolidated text Annex European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council directive amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (5198/1/2002 – C5-0150/2002 – 2000/0336(COD)) P5_TA(2002)0337 A5-0221/2002 (Codecision procedure: second reading) The European Parliament, –   having regard to the Council common position (5198/1/2002 – C5-0150/2002)(1), –   having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(2000) 840(3)), –   having regard to the Commission's amended proposal (COM(2001) 626(4)), –   having regard to Article 251(2) of the EC Treaty, –   having regard to Rule 80 of its Rules of Procedure, –   having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Policy (A5-0221/2002), 1.  Amends the common position as follows; 2.  Instructs its President to forward its position to the Council and Commission. Position of the European Parliament adopted at second reading on 2 July 2002 with a view to the adoption of European Parliament and Council directive 2002/…/EC amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery P5_TC2-COD(2000)0336 THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, Having regard to the proposal from the Commission (5), Having regard to the Opinion of the Economic and Social Committee (6), Following consultation of the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (7), Whereas: (1)  The Auto Oil II programme was aimed at identifying cost effective strategies to meet the air quality objectives of the Community. The Commission Communication Review on the Auto Oil II programme concluded that there is a need for further measures, especially to address the issues of ozone and particulate emissions. Recent work on the development of national emissions ceilings has shown that further measures are needed to meet the air quality objectives decided upon in the Community legislation. (2)  Stringent standards on emissions from vehicles on highways have been gradually introduced. It has already been decided that those standards should be strengthened. The relative contribution of pollutants from non-road mobile machinery will thus be more predominant in the future. (3)  Directive 97/68/EC (8) introduced emission limit values for gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery. (4)  Although Directive 97/68/EC initially applied only to certain compression ignition engines, recital (5) of that Directive envisages the subsequent extension of its scope to include in particular gasoline engines. (5)  The emissions from small spark ignition engines (gasoline engines) in different types of machinery contribute significantly to identified air quality problems, both current and future, especially ozone formation. (6)  Emissions from small spark ignition engines are subject to strict environmental standards in the USA, showing that it is possible significantly to reduce the emissions. (7)  The absence of Community legislation means it is possible to place on the market engines with old fashioned technology from an environmental point of view, thereby jeopardising the air quality objectives in the Community, or to implement national legislation in this field, with the potential to create barriers to trade. (8)  Directive 97/68/EC is closely aligned with the corresponding US legislation, and continuing alignment will have benefits for industry, as well as for the environment. (9)  A certain lead time is necessary for the European industry, especially for those manufacturers that are not yet operating on a global basis, to be able to meet the emission standards. (10)  A two-step approach is used in Directive 97/68/EC for compression ignition engines as well as in the US regulations on spark ignition engines. Although it might have been possible to adopt a one-step approach in the Community legislation, this would have left the field unregulated for another 4 to 5 years. (11)  To achieve the necessary flexibility for world-wide alignment, a possible derogation, to be made under the comitology procedure, is included. (12)  The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (9). (13)  Directive 97/68/EC should be amended accordingly, HAVE ADOPTED THIS DIRECTIVE: Article 1 Directive 97/68/EC is hereby amended as follows: 1)  In Article 2: "    a) the eighth indent shall be replaced by the following:    – placing on the market shall mean the action of making an engine available for the first time on the market, for payment or free of charge, with a view to distribution and/or use in the Community, "    b) the following indents shall be added:    - replacement engines shall mean a newly built engine to replace an engine in a machine, and which has been supplied for this purpose only,    - handheld engine shall mean an engine that meets at least one of the following requirements:    a) the engine must be used in a piece of equipment that is carried by the operator throughout the performance of its intended function(s);    b) the engine must be used in a piece of equipment that must operate multipositionally, such as upside down or sideways, to complete its intended function(s);    c) the engine must be used in a piece of equipment for which the combined engine and equipment dry weight is under 20 kilograms and at least one of the following attributes is also present:    i) the operator must alternatively provide support or carry the equipment throughout the performance of its intended function(s);    ii) the operator must provide support or attitudinal control for the equipment throughout the performance of its intended function(s);    iii) the engine must be used in a generator or a pump;    - non-handheld engine shall mean an engine which does not fall under the definition of a handheld engine,    - professional use multipositional handheld engine shall mean a handheld engine which meets the requirements of both (a) and (b) of the handheld engine definition and in relation to which the engine manufacturer has satisfied an approval authority that a Category 3 Emissions Durability Period (according to section 2.1 of Appendix 4 of Annex IV) would be applicable to the engine,    - emission durability period shall mean the number of hours indicated in Annex IV Appendix 4 used to determine the deterioration factors,    - small volume engine family shall mean a spark-ignition (SI) engine family with a total yearly production of less than 5 000 units,    - small volume engine manufacturer of SI engines shall mean a manufacturer with a total yearly production of less than 25 000 units. "

2)  Article 4 is hereby amended as follows :

3)  Article 7(2) shall be replaced by the following: 

2.  "2. Member States shall accept type-approvals and, where applicable, the pertaining approval marks listed in Annex XII as being in conformity with this Directive."

4)  Article 9 is hereby amended as follows:

5)  The following Article shall be inserted:

Article 9a

Timetable - Spark ignition engines

1.  DIVIDING INTO CLASSES 

For the purpose of this Directive, Spark Ignition Engines shall be divided into the following classes.

Main class S: Small engines with a net power ≤19 kW

The main class S shall be divided into two categories

H: Engines for handheld machinery

N: Engines for non-handheld machinery

2.  GRANT OF TYPE APPROVALS

After ........... (10), Member States may not refuse to grant type-approval for an SI engine type or engine family or to issue the document as described in Annex VII, and may not impose any other type-approval requirements with regard to air-polluting emissions for non-road mobile machinery in which an engine is installed, if the engine meets the requirements specified in this Directive as regards the emissions of gaseous pollutants.

3.  TYPE-APPROVALS STAGE 1

Member States shall refuse to grant type-approval for an engine type or engine family and to issue the documents as described in Annex VII, and shall refuse to grant any other type-approval for non-road mobile machinery in which an engine is installed after ..............* if the engine fails to meet the requirements specified in this Directive and where the emissions of gaseous pollutants from the engine do not comply with the limit values as set out in the table in section 4.2.2.1 of Annex I.

4.  TYPE-APPROVALS STAGE II

Member States shall refuse to grant type-approval for an engine type or engine family and to issue the documents as described in Annex VII, and shall refuse to grant any other type-approval for non-road mobile machinery in which an engine is installed:

after 1 August 2004 for engine classes SN:1 and SN:2

after 1 August 2006 for engine class SN:4

after 1 August 2007 for engine classes SH1, SH 2 and SN:3

after 1 August 2008 for engine class SH:3,

if the engine fails to meet the requirements specified in this Directive and where the emissions of gaseous pollutants from the engine do not comply with the limit values as set out in the table in section 4.2.2.2 of Annex I.

5.  PLACING ON THE MARKET: 

ENGINE PRODUCTION DATES

Six months after the dates for the relevant category of engine in paragraphs 3 and 4, with the exception of machinery and engines intended for export to third countries, Member States shall permit placing on the market of engines, whether or not already installed in machinery, only if they meet the requirements of this Directive.

6.  LABELLING OF EARLY COMPLIANCE WITH THE REQUIREMENTS OF STAGE II

For engine types or engine families complying with the limit values set out in the table in section 4.2.2.2 of Annex I before the dates laid down in paragraph 4 of this Article, Member States shall allow special labelling and marking to that effect.

7.  DELAYED IMPLEMENTATION

8.  OPTIONAL IMPLEMENTATION DELAY

Member States may in any case for each category postpone the dates in paragraphs 3, 4 and 5 for two years in respect of engines with a production date prior to those dates.

6)  Article 10 is hereby amended as follows:

(a)  Paragraph 1 shall be replaced by the following:

1.  The requirements of Article 8(1) and (2), Article 9(4) and Article 9a (5) shall not apply to:

(b)  The following paragraph shall be inserted:

1a. A replacement engine shall comply with the limit values that the engine to be replaced had to meet when originally placed on the market.

The text "REPLACEMENT ENGINE" shall be attached to a label on the engine or inserted into the owner's manual.

(c)  The following paragraphs shall be added:

3.  The requirements of Article 9a (4) and (5) shall be postponed by three years for small volume engine manufacturers.

4.  The requirements of Article 9a(4) and (5) shall be replaced by the corresponding stage I requirements for a small volume engine family to a maximum of 25 000 units providing that the various engine families involved all have different cylinder displacements.

7)  Articles 14 and 15 shall be replaced by the following Articles:

Article 14

Adaptation to technical progress

Any amendments which are necessary in order to adapt the Annexes to this Directive, with the exception of the requirements specified in section 1, sections 2.1 to 2.8 and section 4 of Annex I, to take account of technical progress shall be adopted by the Commission in accordance with the procedure referred to in Article 15(2).

Article 14a

Procedure for derogations

The Commission shall study possible technical difficulties in complying with the Stage II requirements for certain uses of the engines, in particular mobile machinery in which engines of classes SH:2 and SH:3 are installed. If the Commission studies conclude that for technical reasons certain mobile machinery, in particular, professional use, multipositional, handheld engines, cannot meet these deadlines, it shall submit, by 31 December 2003, a report accompanied by appropriate proposals under the procedure laid down in Article 15(2), for extensions of the period referred to in Article 9a(7) and/or further derogations for such machinery, which cannot exceed five years unless in exceptional circumstances.

Article 15

Committee

1.  The Commission shall be assisted by the Committee on Adaptation to Technical Progress of the Directives on the Removal of Technical Barriers to Trade in the Motor Vehicle Sector (hereinafter referred to as "the Committee").

2.  Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC * shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.  The Committee shall adopt its rules of procedure.

___________

* OJ L 184, 17.7.1999, p. 23.

8)  The following list of Annexes shall be added at the beginning of the Annexes:

List of Annexes

ANNEX I: Scope, definitions, SYMBOLS AND ABBREVIATIONS, ENGINE MARKINGS, SPECIFICATIONS AND TESTS, SPECIFICATION OF CONFORMITY OF PRODUCTION ASSESSMENTS, PARAMETERS DEFINING THE ENGINE FAMILY, CHOICE OF THE PARENT ENGINE

Annex II: Information documents

Appendix 1: Essential characteristics of the (parent) engine

Appendix 2: Essential characteristics of the engine family

Appendix 3: Essential characteristics of engine type within family

Annex III: TECHNICAL CHARACTERISTICS OF REFERENCE FUEL

Appendix 1: Measurement and sampling procedures

Appendix 2: Calibration of the analytical instruments

Appendix 3: Data evaluation and calculations

Annex IV: Test procedure – spark ignition engines

Appendix 1: Measurement and sampling procedures

Appendix 2: Calibration of the analytical instruments

Appendix 3: Data evaluation and calculations

Appendix 4: Deterioration factors

Annex V: Technical characteristics of reference fuel PRESCRIBED FOR APPROVAL TESTS AND TO VERIFY CONFORMITY OF PRODUCTION Test procedure – compression ignition engines

Annex VI: Analytical and sampling system

Annex VII: Type approval certificate

Appendix 1: Test result for CI engines

Appendix 2: Test result for SI engines

Appendix 3: Equipment and auxiliaries to be installed for the test to determine engine power

Annex VIII: Approval certificate numbering system

Annex IX: List of engine/engine family type-approvals issued

Annex X: List of engines produced

Annex XI: Data sheet of type approved engines

ANNEX XII: recognition of alternative type approvals

9)  The Annexes shall be amended in accordance with the Annex to this Directive.

Article 2

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ............. (11). They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.  Member States shall communicate to the Commission the text of the main provisions of the national law which they adopt in the field governed by this Directive.

Article 3

Article 4

This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.

Article 5

This Directive is addressed to the Member States.

Done at ,

For the European Parliament For the Council

The President The President

ANNEX

1)  Annex I is hereby amended as follows:

(a)  The first sentence of Section 1 "SCOPE" shall be replaced by the following:

This Directive applies to all engines to be installed in non-road mobile machinery and to secondary engines fitted into vehicles intended for passenger or goods transport on the road.

(b)  Paragraphs 1A, B, C, D and E shall be amended as follows:

Machinery, the engines .......... (remainder unchanged, down to "– mobile cranes;")

(d)  Section 3 shall be amended as follows:

3.1  Compression ignition engines approved in accordance with this Directive must bear:

Annex VII shall be replaced by Annex VIII;

3.2  Spark ignition engines approved in accordance with this Directive must bear:

-  Sections 3.2 to 3.6 shall become sections 3.3 to 3.7;

4.2.  SI engines

4.2.1.  General

The components liable to affect the emission of gaseous pollutants shall be so designed, constructed and assembled as to enable the engine, in normal use, despite the vibrations to which it may be subjected, to comply with the provisions of this Directive.

The technical measures taken by the manufacturer must be such as to ensure that the mentioned emissions are effectively limited, pursuant to this Directive, throughout the normal life of the engine and under normal conditions of use in accordance with Annex IV, Appendix 4.

4.2.2.  Specifications concerning the emissions of pollutants.

The gaseous components emitted by the engine submitted for testing shall be measured by the methods described in Annex VI (and shall include any after-treatment device).

4.2.2.1.  The emissions of carbon monoxide, the emissions of hydrocarbons, the emissions of oxides of nitrogen and the sum of hydrocarbons and oxides of nitrogen obtained shall for stage I not exceed the amount shown in the table below:

Stage I

4.2.2.2.  The emissions of carbon monoxide and the emissions of the sum of hydrocarbons and oxides of nitrogen obtained shall for stage II not exceed the amount shown in the table below:

Stage II 1

The NOx emissions for all engine classes must not exceed 10 g/kWh.

4.2.2.3.  Notwithstanding the definition of "handheld engine" in Article 2 of this Directive two-stroke engines used to power snowthrowers only have to meet SH:1, SH:2 or SH:3 standards;

_________________

1 See Annex 4, Appendix 4: deterioration factors included.

6.3.  Individual cylinder displacement, within 85% and 100% of the largest displacement within the engine family.

6.4.  Method of air aspiration

6.5.  Fuel type

6.6.  Combustion chamber type/design

6.7.  Valve and porting – configurations, size and number

6.8.  Fuel system:

6.9.  Miscellaneous features

-   exhaust gas recirculation

-   water injection/emulsion

-   air injection

-   charge cooling system

-   ignition type (compression, spark)

6.10.  Exhaust after-treatment

-   oxidation catalyst

-   reduction catalyst

-   three way catalyst

-   thermal reactor

-   particulate trap.

2)  Annex II is hereby amended as follows:

(a)  In Appendix 2 the text in the table shall be amended as follows:

Fuel delivery per stroke (mm 3)" in lines 3 and 6 shall be replaced by "Fuel delivery per stroke (mm 3) for diesel engines, fuel flow (g/h) for petrol engines";

(b)  Appendix 3 shall be amended as follows:

4.  FUEL FEED FOR PETROL ENGINES

4.1.  Carburettor:

4.1.1.  Make(s):

4.1.2.  Type(s):

4.2.  Port fuel injection: single-point or multi-point:

4.2.1.  Make(s):

4.2.2.  Type(s):

4.3.  Direct injection:

4.3.1.  Make(s):

4.3.2.  Type(s):

4.4.  Fuel flow [g/h] and air/fuel ratio at rated speed and wide open throttle";

5.3.  "5.3. Variable valve timing system (if applicable and where intake and/or exhaust)

5.3.1.  Type: continuous or on/off

5.3.2.  Cam phase shift angle";

6.  "6. PORTING CONFIGURATION

6.1.  Position, size and number

7.  IGNITION SYSTEM

7.1.  Ignition coil

7.1.1.  Make(s):

7.1.2.  Type(s):

7.1.3.  Number:

7.2.  Spark plug(s):

7.2.1.  Make(s):

7.2.2.  Type(s):

7.3.  Magneto:

7.3.1.  Make(s):

7.3.2.  Type(s):

7.4.  Ignition timing:

7.4.1.  Static advance with respect to top dead centre [crank angle degrees]

7.4.2.  Advance curve, if applicable: ";

3)  Annex III shall be amended as follows: 

(a)  The heading shall be replaced by the following:

"TEST PROCEDURE FOR CI ENGINES";

(b)  Section 2.7 shall be amended as follows:

Annex VI shall be replaced by Annex VII and Annex IV shall be replaced by Annex V;

(c)  Section 3.6. shall be amended as follows:

3.6.1.  "3.6.1. Equipment specifications according to Section 1A of Annex I:

3.6.1.1.  Specification A: For engines covered by Section 1 A(i) of Annex I, the following 8-mode cycle 1 shall be followed in dynamometer operation on the test engine: (table unchanged);

______________

1 Identical with C1 cycle of draft ISO 8178-4.

3.6.1.2.  Specification B. For engines covered by Sections 1A(ii), the following 5-mode cycle 1 shall be followed in dynamometer operation on the test engine:

The load figures are percentage values of the torque corresponding to the prime power rating defined as the maximum power available during a variable power sequence, which may be run for an unlimited number of hours per year, between stated maintenance intervals and under the stated ambient conditions, the maintenance being carried out as prescribed by the manufacturer. 2;

_________________

1 Identical with D2 cycle of the ISO 8178-4: 1996(E) standard.

2 For a better illustration of the prime power definition, see Figure 2 of ISO 8528-1: 1993(E).

3.6.3.  Test sequence

The test sequence shall be started. The test shall be performed in ascending order of mode numbers as set out above for the test cycles.

During each mode of the given test cycle" (remainder unchanged);

In section 1 and 1.4.3. Annex V shall be replaced by Annex VI throughout.

4)  The following Annex shall be added:

"ANNEX IV

TEST PROCEDURE FOR SPARK IGNITION ENGINES

1.  INTRODUCTION

1.1.  This Annex describes the method of determining emissions of gaseous pollutants from the engines to be tested.

1.2.  The test shall be carried out with the engine mounted on a test bench and connected to a dynamometer.

2.  TEST CONDITIONS

2.1.  Engine test conditions

The absolute temperature (Ta) of the engine air at the inlet to the engine, expressed in Kelvin, and the dry atmospheric pressure (ps), expressed in kPa, shall be measured and the parameter fa shall be determined according to the following provisions:

2.1.1.  Test validity

For a test to be recognised as valid, the parameter fa shall be such that:

2.1.2.  Engines with charge air-cooling

The temperature of the cooling medium and the temperature of the charge air have to be recorded.

2.2.  Engine air inlet system

The test engine shall be equipped with an air inlet system presenting an air inlet restriction within 10% of the upper limit specified by the manufacturer for a new air cleaner at the engine operating conditions, as specified by the manufacturer, which result in maximum air flow in the respective engine application.

For small spark ignition engines (<1000 cm3 displacement) a system representative of the installed engine shall be used.

2.3.  Engine exhaust system

The test engine shall be equipped with an exhaust system presenting an exhaust back pressure within 10% of the upper limit specified by the manufacturer for the engine operating conditions which result in the maximum declared power in the respective engine application.

For small spark ignition engines (<1000 cm3 displacement) a system representative of the installed engine shall be used.

2.4.  Cooling system

An engine cooling system with sufficient capacity to maintain the engine at normal operating temperatures prescribed by the manufacturer shall be used. This provision shall apply to units which have to be detached in order to measure the power, such as with a blower where the blower (cooling) fan has to be disassembled to get access to the crankshaft.

2.5.  Lubricating oil

Lubricating oil that meets the engine manufacturer's specifications for a particular engine and intended usage shall be used. Manufacturers must use engine lubricants representative of commercially available engine lubricants.

The specifications of the lubricating oil used for the test shall be recorded at section 1.2 of Annex VII, Appendix 2 for SI engines and presented with the results of the test.

2.6.  Adjustable carburettors

Engines with limited adjustable carburettors shall be tested at both extremes of the adjustment.

2.7.  Test fuel

The fuel shall be the reference fuel specified in Annex V.

The octane number and the density of the reference fuel used for test shall be recorded at section 1.1.1 of Annex VII, Appendix 2 for SI engines.

For two-stroke engines, the fuel/oil mixture ratio must be the ratio which shall be recommended by the manufacturer. The percentage of oil in the fuel/lubricant mixture feeding the two-stroke engines and the resulting density of the fuel shall be recorded at section 1.1.4 of Annex VII, Appendix 2 for SI engines.

2.8.  Determination of dynamometer settings

Emissions measurements shall be based on uncorrected brake power. Auxiliaries necessary only for the operation of the machine and which may be mounted on the engine shall be removed for the test. Where auxiliaries have not been removed, the power absorbed by them shall be determined in order to calculate the dynamometer settings except for engines where such auxiliaries form an integral part of the engine (e.g. cooling fans for air cooled engines).

The settings of inlet restriction and exhaust pipe backpressure shall be adjusted, for engines where it shall be possible to perform such an adjustment, to the manufacturer's upper limits, in accordance with sections 2.2 and 2.3. The maximum torque values at the specified test speeds shall be determined by experimentation in order to calculate the torque values for the specified test modes. For engines which are not designed to operate over a speed range on a full load torque curve, the maximum torque at the test speeds shall be declared by the manufacturer. The engine setting for each test mode shall be calculated using the formula:

where:

S is the dynamometer setting [kW]

PM is the maximum observed or declared power at the test speed under the test conditions (see Appendix 2 of Annex VII) [kW]

PAE is the declared total power absorbed by any auxiliary fitted for the test [kW] and not required by Appendix 3 of Annex VII

L is the percent torque specified for the test mode.

If the ratio

the value of PAE may be verified by the technical authority granting type approval.

3.  TEST RUN

3.1.  Installation of the measuring equipment

The instrumentation and sampling probes shall be installed as required. When using a full flow dilution system for exhaust gas dilution, the tailpipe shall be connected to the system.

3.2.  Starting the dilution system and engine

The dilution system and the engine shall be started and warmed up until all temperatures and pressures have stabilised at full load and rated speed (section 3.5.2.).

3.3.  Adjustment of the dilution ratio

The total dilution ratio shall not be less than four.

For CO2 or NOx concentration controlled systems, the CO2 or NOx content of the dilution air must be measured at the beginning and at the end of each test. The pre- and post-test background CO2 or NOx concentration measurements of the dilution air must be within 100 ppm or 5 ppm of each other, respectively.

When using a dilute exhaust gas analysis system, the relevant background concentrations shall be determined by sampling dilution air into a sampling bag over the complete test sequence.

Continuous (non-bag) background concentration may be taken at the minimum of three points, at the beginning, at the end, and a point near the middle of the cycle and averaged. At the manufacturer's request background measurements may be omitted.

3.4.  Checking the analysers

The emission analysers shall be set at zero and spanned.

3.5.  Test cycle

3.5.1.  Specification (c) of machinery according to section 1A(iii) of Annex I.

The following test cycles shall be followed in dynamometer operation on the test engine according to the given type of machinery:

cycle D (13): engines with constant speed and intermittent load such as generating sets;

cycle G1: non-handheld intermediate speed applications;

cycle G2: non-handheld rated speed applications;

cycle G3: handheld applications.

3.5.1.1.  Test modes and weighting factors

________________

1 The load figures are percentage values of the torque corresponding to the prime power rating defined as the maximum power available during a variable power sequence, which may be run for an unlimited number of hours per year, between stated maintenance intervals and under the stated ambient conditions, the maintenance being carried out as prescribed by the manufacturer. For a better illustration of the prime power definition, see Figure 2 of ISO 8528-1: 1993(E).

2 For Stage I, 0,90 and 0,10 may be used instead of 0,85 and 0,15 respectively.

3.5.1.2.  Choosing an appropriate test cycle

If the primary end use of an engine model is known then the test cycle may be chosen based on the examples given in section 3.5.1.3. If the primary end use of an engine is uncertain then the appropriate test cycle should be chosen based upon the engine specification.

3.5.1.3.  Examples (the list is not exhaustive):

Typical examples are for:

Cycle D:

Generating sets with intermittent load including generating sets on board ships and trains (not for propulsion), refrigerating units, welding sets;

Gas compressors.

Cycle G1:

Front or rear engines riding lawn mowers;

Golf carts;

Lawn sweepers;

Pedestrian-controlled rotary or cylinder lawn mowers;

Snow removal equipment;

Waste disposers.

Cycle G2:

Portable generators, pumps, welders and air compressors;

May also include lawn and garden equipment, which operate at engine rated speed.

Cycle G3:

Blowers;

Chain saws;

Hedge trimmers;

Portable saw mills;

Rotary tillers;

Sprayers;

String trimmers;

Vacuum equipment.

3.5.2.  Conditioning of the engine

Warming up of the engine and the system shall be at maximum speed and torque in order to stabilise the engine parameters according to the recommendations of the manufacturer.

Note: The conditioning period should also prevent the influence of deposits from a former test in the exhaust system. There is also a required period of stabilisation between test points which has been included to minimise point to point influences.

3.5.3.  Test sequence 

Test cycles G1, G2 or G3 shall be performed in ascending order of mode number of the cycle in question. Each mode sampling time shall be at least 180 s. The exhaust emission concentration values shall be measured and recorded for the last 120 s of the respective sampling time. For each measuring point, the mode length shall be of sufficient duration to achieve thermal stability of the engine prior to the start of sampling. The mode length shall be recorded and reported.

(a)  For engines tested with the dynamometer speed control test configuration: During each mode of the test cycle after the initial transition period, the specified speed shall be held to within ± 1% of rated speed or ± 3 min-1 whichever is greater except for low idle which shall be within the tolerances declared by the manufacturer. The specified torque shall be held so that the average over the period during which the measurements are being taken is within ± 2% of the maximum torque at the test speed.

(b)  For engines tested with the dynamometer load control test configuration: During each mode of the test cycle after the initial transition period, the specified speed shall be within ± 2% of rated speed or ± 3 min-1 whichever is greater, but shall in any case be held within ± 5%, except for low idle which shall be within the tolerances declared by the manufacturer.

During each mode of the test cycle where the prescribed torque is 50% or greater of the maximum torque at the test speed the specified average torque over the data acquisition period shall be held within ± 5% of the prescribed torque. During modes of the test cycle where the prescribed torque is less than 50% of the maximum torque at the test speed the specified average torque over the data acquisition period shall be held within ± 10% of the prescribed torque or ± 0.5 Nm whichever is greater.

3.5.4.  Analyser response

The output of the analysers shall be recorded on a strip chart recorder or measured with an equivalent data acquisition system with the exhaust gas flowing through the analysers at least during the last 180 s of each mode. If bag sampling is applied for the diluted CO and CO2 measurement (see Appendix 1, section 1.4.4), a sample shall be bagged during the last 180 s of each mode, and the bag sample analysed and recorded.

3.5.5.  Engine conditions

The engine speed and load, intake air temperature and fuel flow shall be measured for each mode once the engine has been stabilised. Any additional data required for calculation shall be recorded (see Appendix 3, sections 1.1 and 1.2).

3.6.  Rechecking the analysers

After the emission test a zero gas and the same span gas shall be used for re-checking. The test shall be considered acceptable if the difference between the two measuring results is less than 2%.

APPENDIX 1

1.  MEASUREMENT AND SAMPLING PROCEDURES

Gaseous components emitted by the engine submitted for testing shall be measured by the methods described in Annex VI. The methods of Annex VI describe the recommended analytical systems for the gaseous emissions (section 1.1).

1.1.  Dynamometer specification

An engine dynamometer with adequate characteristics to perform the test cycles described in Annex IV, section 3.5.1 shall be used. The instrumentation for torque and speed measurement shall allow the measurement of the shaft power within the given limits. Additional calculations may be necessary.

The accuracy of the measuring equipment must be such that the maximum tolerances of the figures given in section 1.3 are not exceeded.

1.2.  Fuel flow and total diluted flow

Fuel flow meters with the accuracy defined in section 1.3 shall be used to measure the fuel flow that will be used to calculate emissions (Appendix 3). When using a full flow dilution system, the total flow of the dilute exhaust (GTOTW) shall be measured with a PDP or CFV - Annex VI, section 1.2.1.2. The accuracy shall conform to the provisions of Annex III, Appendix 2, section 2.2.

1.3.  Accuracy

The calibration of all measuring instruments shall be traceable to national (international) standards and comply with the requirements given in tables 2 and 3.

Table 2‐ Permissible deviations of instruments for engine related parameters

Table 3‐ Permissible deviations of instruments for other essential parameters

1.4.  Determination of the gaseous components

1.4.1.  General analyser specifications

The analysers shall have a measuring range appropriate for the accuracy required for measuring the concentrations of the exhaust gas components (section 1.4.1.1). It is recommended that the analysers be operated such that the measured concentration falls between 15% and 100% of full scale.

If the full scale value is 155 ppm (or ppmC) or less or if read-out systems (computers, data loggers) that provide sufficient accuracy and resolution below 15% of full scale are used concentrations below 15% of full scale are also acceptable. In this case, additional calibrations are to be made to ensure the accuracy of the calibration curves - Appendix 2, section 1.5.5.2 of this Aannex.

The electromagnetic compatibility (EMC) of the equipment shall be on a level as to minimise additional errors.

1.4.1.1.  Accuracy

The analyser shall not deviate from the nominal calibration point by more than ± 2% of the reading over the whole measurement range except zero, and ± 0,3% of full scale at zero. The accuracy shall be determined according to the calibration requirements laid down in section 1.3.

1.4.1.2.  Repeatability

The repeatability, shall be such that 2,5 times the standard deviation of 10 repetitive responses to a given calibration or span gas is not greater than ± 1% of full scale concentration for each range used above 100 ppm (or ppmC) or ± 2% of each range used below 100 ppm (or ppmC).

1.4.1.3.  Noise

The analyser peak-to-peak response to zero and calibration or span gases over any 10 s period shall not exceed 2% of full scale on all ranges used.

1.4.1.4.  Zero drift

Zero response is defined as the mean response, including noise, to a zero gas during a 30-s time interval. The drift of the zero response during a one-hour period shall be less than 2% of full scale on the lowest range used.

1.4.1.5.  Span drift

Span response is defined as the mean response, including noise, to a span gas during a 30-s time interval. The drift of the span response during a one-hour period shall be less than 2% of full scale on the lowest range used.

1.4.2.  Gas drying

Exhaust gases may be measured wet or dry. Any gas-drying device, if used, must have a minimal effect on the concentration of the measured gases. Chemical dryers are not an acceptable method of removing water from the sample.

1.4.3.  Analysers

Sections 1.4.3.1 to 1.4.3.5 describe the measurement principles to be used. A detailed description of the measurement systems is given in Annex VI.

The gases to be measured shall be analysed with the following instruments. For non-linear analysers, the use of linearising circuits is permitted.

1.4.3.1.  Carbon monoxide (CO) analysis

The carbon monoxide analyser shall be of the non-dispersive infrared (NDIR) absorption type.

1.4.3.2.  Carbon dioxide (CO2) analysis

The carbon dioxide analyser shall be of the non-dispersive infrared (NDIR) absorption type.

1.4.3.3.  Oxygen (O2) analysis

Oxygen analysers shall be of the paramagnetic detector (PMD), zirconium dioxide (ZRDO) or electrochemical sensor (ECS) types.

Note – Zirconium dioxide sensors are not recommended when HC and CO concentrations are high such as for lean burn spark ignited engines. Electrochemical sensors shall be compensated for CO2 and NOX interference.

1.4.3.4.  Hydrocarbon (HC) analysis

For direct gas sampling the hydrocarbon analyser shall be of the heated flame ionisation detector (HFID) type with detector, valves, pipework, etc., heated so as to maintain a gas temperature of 463 ± 10 K (190 ± 10 °C).

For diluted gas sampling the hydrocarbon analyser shall be either the heated flame ionisation detector (HFID) type or the flame ionisation detector (FID) type.

1.4.3.5.  Oxides of nitrogen (NOx) analysis

The oxides of nitrogen analyser shall be of the chemiluminescent detector (CLD) or heated chemiluminescent detector (HCLD) type with a NO2/NO converter, if measured on a dry basis. If measured on a wet basis, a HCLD with converter maintained above 328 K (55 °C) shall be used, provided the water quench check (Annex III, Appendix 2, section 1.9.2.2) is satisfied. For both CLD and HCLD, the sampling path shall be maintained at a wall temperature of 328 K to 473 K (55 °C to 200 °C) up to the converter for dry measurement, and up to the analyser for wet measurement.

1.4.4.  Sampling for gaseous emissions

If the composition of the exhaust gas is influenced by any exhaust after-treatment system, the exhaust sample shall be taken downstream of this device.

The exhaust sampling probe should be in a high pressure side of the muffler, but as far from the exhaust port as possible. To ensure complete mixing of the engine exhaust before sample extraction, a mixing chamber may be optionally inserted between the muffler outlet and the sample probe. The internal volume of the mixing chamber must be not less than 10 times the cylinder displacement of the engine under test and should be roughly equal dimensions in height, width and depth, being similar to a cube. The mixing chamber size should be kept as small as practicable and should be coupled as close as possible to the engine. The exhaust line leaving the mixing chamber of muffler should extend at least 610 mm beyond the sample probe location and be of sufficient size to minimise back pressure. The temperature of the inner surface of the mixing chamber must be maintained above the dew point of the exhaust gases and a minimum temperature of 338 °K (65 °C) is recommended.

All components may optionally be measured directly in the dilution tunnel, or by sampling into a bag and subsequent measurement of the concentration in the sampling bag.

APPENDIX 2

1.  CALIBRATION OF THE ANALYTICAL INSTRUMENTS

1.1.  Introduction

Each analyser shall be calibrated as often as necessary to fulfil the accuracy requirements of this standard. The calibration method that shall be used is described in this paragraph for the analysers indicated in Appendix 1, section 1.4.3.

1.2.  Calibration gases

The shelf life of all calibration gases must be respected.

The expiry date of the calibration gases stated by the manufacturer shall be recorded.

1.2.1.  Pure gases

1.2.2.  Calibration and span gases

Mixture of gases having the following chemical compositions shall be available:

-  C3H8 and purified synthetic air (see section 1.2.1.);

Note: Other gas combinations are allowed provided the gases do not react with one another.

The true concentration of a calibration and span gas shall be within ± 2% of the nominal value. All concentrations of calibration gas shall be given on a volume basis (volume percent or volume ppm).

The gases used for calibration and span may also be obtained by means of precision blending devices (gas dividers), diluting with purified N2 or with purified synthetic air. The accuracy of the mixing device must be such that the concentration of the diluted calibration gases is accurate to within ± 1,5%. This accuracy implies that primary gases used for blending must be known to an accuracy of at least ± 1%, traceable to national or international gas standards. The verification shall be performed at between 15 and 50% of full scale for each calibration incorporating a blending device.

Optionally, the blending device may be checked with an instrument, which by nature is linear, e.g. using NO gas with a CLD. The span value of the instrument shall be adjusted with the span gas directly connected to the instrument. The blending device shall be checked at the used settings and the nominal value shall be compared to the measured concentration of the instrument. This difference shall in each point be within ± 0,5% of the nominal value.

1.2.3.  Oxygen interference check

Oxygen interference check gases shall contain propane with 350 ppmC ± 75 ppmC hydrocarbon. The concentration value shall be determined to calibration gas tolerances by chromatographic analysis of total hydrocarbons plus impurities or by dynamic blending. Nitrogen shall be the predominant diluent with the balance oxygen. Blend required for gasoline-fuelled engine testing is as follows:

1.3.  Operating procedure for analysers and sampling system

The operating procedure for analysers shall follow the start-up and operating instructions of the instrument manufacturer. The minimum requirements given in sections 1.4 to 1.9 shall be included. For laboratory instruments such as GC and High Performance Liquid Chromatography (HPLC) only section 1.5.4 shall apply.

1.4.  Leakage test

A system leakage test shall be performed. The probe shall be disconnected from the exhaust system and the end plugged. The analyser pump shall be switched on. After an initial stabilisation period all flow meters should read zero. If not, the sampling lines shall be checked and the fault corrected.

The maximum allowable leakage rate on the vacuum side shall be 0,5% of the in-use flow rate for the portion of the system being checked. The analyser flows and bypass flows may be used to estimate the in-use flow rates.

Alternatively, the system may be evacuated to a pressure of at least 20 kPa vacuum (80 kPa absolute). After an initial stabilisation period the pressure increase δp (kPa/min) in the system shall not exceed:

Where:

Vsyst = system volume [l]

fr = system flow rate [l/min]

Another method is the introduction of a concentration step change at the beginning of the sampling line by switching from zero to span gas. If after an adequate period of time the reading shows a lower concentration compared to the introduced concentration, this points to calibration or leakage problems.

1.5.  Calibration procedure

1.5.1.  Instrument assembly

The instrument assembly shall be calibrated and calibration curves checked against standard gases. The same gas flow rates shall be used as when sampling exhaust gas.

1.5.2.  Warming-up time

The warming-up time should be according to the recommendations of the manufacturer. If not specified, a minimum of two hours is recommended for warming-up the analysers.

1.5.3.  NDIR and HFID analyser

The NDIR analyser shall be tuned, as necessary, and the combustion flame of the HFID analyser shall be optimised (section 1.9.1).

1.5.4.  GC and HPCL

Both instruments shall be calibrated according to good laboratory practice and the recommendations of the manufacturer.

1.5.5.  Establishment of the calibration curves

1.5.5.1.  General guidelines

(a)  Each normally used operating range shall be calibrated.

(b)  Using purified synthetic air (or nitrogen), the CO, CO2, NOx and HC analysers shall be set at zero.

(c)  The appropriate calibration gases shall be introduced to the analysers, the values recorded, and the calibration curves established.

(d)  For all instrument ranges except for the lowest range, the calibration curve shall be established by at least 10 calibration points (excluding zero) equally spaced. For the lowest range of the instrument, the calibration curve shall be established by at least 10 calibration points (excluding zero) spaced so that half of the calibration points are placed below 15% of the analyser's full scale and the rest are placed above 15% of full scale. For all ranges the highest nominal concentration must be equal to or higher than 90% of full scale.

(e)  The calibration curve shall be calculated by the method of least squares. A best-fit linear or non-linear equation may be used.

(f)  The calibration points must not differ from the least-squares best-fit line by more than ± 2% of reading or ± 0,3% of full scale whichever is larger.

(g)  The zero setting shall be rechecked and the calibration procedure repeated, if necessary.

1.5.5.2.  Alternative methods

If it can be shown that alternative technology (e.g. computer, electronically controlled range switch, etc.) can give equivalent accuracy, then these alternatives may be used.

1.6.  Verification of the calibration

Each normally used operating range shall be checked prior to each analysis in accordance with the following procedure.

The calibration is checked by using a zero gas and a span gas whose nominal value is more than 80% of full scale of the measuring range.

If, for the two points considered, the value found does not differ by more than ± 4% of full scale from the declared reference value, the adjustment parameters may be modified. Should this not be the case, the span gas shall be verified or a new calibration curve shall be established in accordance with section 1.5.5.1.

1.7.  Calibration of tracer gas analyser for exhaust flow measurement

The analyser for measurement of the tracer gas concentration shall be calibrated using the standard gas.

The calibration curve shall be established by at least 10 calibration points (excluding zero) spaced so that half of the calibration points are placed between 4% to 20% of the analyser's full scale and the rest are in between 20% and 100% of the full scale. The calibration curve shall be calculated by the method of least squares.

The calibration curve must not differ by more than ± 1% of the full scale from the nominal value of each calibration point, in the range from 20% to 100% of the full scale. It also must not differ by more than ± 2% of reading from the nominal value in the range from 4% to 20% of the full scale. The analyser shall be set at zero and spanned prior to the test run using a zero gas and a span gas whose nominal value is more than 80% of the analyser full scale.

1.8.  Efficiency test of the NOx converter

The efficiency of the converter used for the conversion of NO2 into NO is tested as given in sections 1.8.1 to 1.8.8 (Figure 1 of Annex III, Appendix 2).

1.8.1.  Test set-up

Using the test set-up as shown in Figure 1 of Annex III and the procedure below, the efficiency of converters can be tested by means of an ozonator.

1.8.2.  Calibration

The CLD and the HCLD shall be calibrated in the most common operating range following the manufacturer's specifications using zero and span gas (the NO content of which must amount to about 80% of the operating range and the NO2 concentration of the gas mixture to less than 5% of the NO concentration). The NOx analyser must be in the NO mode so that the span gas does not pass through the converter. The indicated concentration has to be recorded.

1.8.3.  Calculation

The efficiency of the NOx, converter is calculated as follows:

Where:

a = NOx concentration according to section 1.8.6;

b = NOx concentration according to section 1.8.7;

c = NO concentration according to section 1.8.4;

d = NO concentration according to section 1.8.5.

1.8.4.  Adding of oxygen

Via a T-fitting, oxygen or zero air is added continuously to the gas flow until the concentration indicated is about 20% less than the indicated calibration concentration given in section 1.8.2. (The analyser is in the NO mode.)

The indicated concentration (c) shall be recorded. The ozonator is kept deactivated throughout the process.

1.8.5.  Activation of the ozonator

The ozonator is now activated to generate enough ozone to bring the NO concentration down to about 20% (minimum 10%) of the calibration concentration given in section 1.8.2. The indicated concentration (d) shall be recorded. (The analyser is in the NO mode.)

1.8.6.  NOx mode

The NO analyser is then switched to the NOx mode so that the gas mixture (consisting of NO, NO2, 02 and N2) now passes through the converter. The indicated concentration (a) shall be recorded. (The analyser is in the NOx mode.)

1.8.7.  Deactivation of the ozonator

The ozonator is now deactivated. The mixture of gases described in section 1.8.6 passes through the converter into the detector. The indicated concentration (b) shall be recorded. (The analyser is in the NOx mode.)

1.8.8.  NO mode

Switched to NO mode with the ozonator deactivated, the flow of oxygen or synthetic air is also shut off. The NOx reading of the analyser shall not deviate by more than ± 5% from the value measured according to section 1.8.2. (The analyser is in the NO mode.)

1.8.9.  Test interval

The efficiency of the converter must be checked monthly.

1.8.10.  Efficiency requirement

The efficiency of the converter shall not be less than 90%, but a higher efficiency of 95% is strongly recommended.

Note: If, with the analyser in the most common range, the ozonator cannot give a reduction from 80% to 20% according to section 1.8.5, then the highest range which will give the reduction shall be used.

1.9.  Adjustment of the FID

1.9.1.  Optimisation of the detector response

The HFID must be adjusted as specified by the instrument manufacturer. A propane in air span gas should be used to optimise the response on the most common operating range.

With the fuel and airflow rates set at the manufacturer's recommendations, a 350 ± 75 ppmC span gas shall be introduced to the analyser. The response at a given fuel flow shall be determined from the difference between the span gas response and the zero gas response. The fuel flow shall be incrementally adjusted above and below the manufacturer's specification. The span and zero response at these fuel flows shall be recorded. The difference between the span and zero response shall be plotted and the fuel flow adjusted to the rich side of the curve. This is the initial flow rate setting, which may need further optimisation depending on the results of the hydrocarbon response factor and the oxygen interference check according to sections 1.9.2 and 1.9.3.

If the oxygen interference or the hydrocarbon response factors do not meet the following specifications, the airflow shall be incrementally adjusted above and below the manufacturer's specifications, sections 1.9.2 and 1.9.3 should be repeated for each flow.

1.9.2.  Hydrocarbon response factors

The analyser shall be calibrated using propane in air and purified synthetic air, according to section 1.5.

Response factors shall be determined when introducing an analyser into service and after major service intervals. The response factor (Rf) for a particular hydrocarbon species is the ratio of the FID C1 reading to the gas concentration in the cylinder expressed by ppm C1.

The concentration of the test gas must be at a level to give a response of approximately 80% of full scale. The concentration must be known to an accuracy of ± 2% in reference to a gravimetric standard expressed in volume. In addition, the gas cylinder must be preconditioned for 24 hours at a temperature of 298 K (25 °C) ± 5 K.

These values are relative to the response factor (Rf) of 1,00 for propane and purified synthetic air.

1.9.3.  Oxygen interference check

The oxygen interference check shall be determined when introducing an analyser into service and after major service intervals. A range shall be chosen where the oxygen interference check gases will fall in the upper 50%. The test shall be conducted with the oven temperature set as required. The oxygen interference gases are specified in section 1.2.3.

(a)  The analyser shall be zeroed.

(b)  The analyser shall be spanned with the 0% oxygen blend for gasoline fuelled engines.

(c)  The zero response shall be rechecked. If it has changed more than 0,5% of full scale subsections (a) and (b) of this section shall be repeated.

(d)  The 5% and 10% oxygen interference check gases shall be introduced.

(e)  The zero response shall be rechecked. If it has changed more than ± 1% of full scale, the test shall be repeated.

(f)  The oxygen interference (%O2I) shall be calculated for each mixture in step (d) as follows:

Where:

A = hydrocarbon concentration (ppmC) of the span gas used in subsection (b)

B = hydrocarbon concentration (ppmC) of the oxygen interference check gases used in subsection (d)

C = analyser response

D = percent of full scale analyser response due to A

(g)  The % of oxygen interference (%O2I) shall be less than ± 3% for all required oxygen interference check gases prior to testing.

(h)  If the oxygen interference is greater than ± 3%, the air flow above and below the manufacturer's specifications shall be incrementally adjusted, repeating section 1.9.1 for each flow.

(i)  If the oxygen interference is greater than ± 3%, after adjusting the air flow, the fuel flow and thereafter the sample flow shall be varied, repeating section 1.9.1. for each new setting.

(j)  If the oxygen interference is still greater than ± 3%, the analyser, FID fuel, or burner air shall be repaired or replaced prior to testing. This section shall then be repeated with the repaired or replaced equipment or gases.

1.10.  Interference effects with CO, CO2, NOX and O2 analysers

Gases other than the one being analysed can interfere with the reading in several ways. Positive interference occurs in NDIR and PMD instruments where the interfering gas gives the same effect as the gas being measured, but to a lesser degree. Negative interference occurs in NDIR instruments by the interfering gas broadening the absorption band of the measured gas, and in CLD instruments by the interfering gas quenching the radiation. The interference checks in sections 1.10.1 and 1.10.2 shall be performed prior to an analyser's initial use and after major service intervals, but at least once per year.

1.10.1.  CO analyser interference check

Water and CO2 can interfere with the CO analyser performance. Therefore a CO2 span gas having a concentration of 80 to 100% of full scale of the maximum operating range used during testing shall be bubbled through water at room temperature and the analyser response recorded. The analyser response must not be more than 1% of full scale for ranges equal to or above 300 ppm or more than 3 ppm for ranges below 300 ppm.

1.10.2.  NOx analyser quench checks

The two gases of concern for CLD (and HCLD) analysers are CO2 and water vapour. Quench responses of these gases are proportional to their concentrations, and therefore require test techniques to determine the quench at the highest expected concentrations experienced during testing.

1.10.2.1.  CO2 quench check

A C02 span gas having a concentration of 80 to 100% of full scale of the maximum operating range shall be passed through the NDIR analyser and the CO2 value recorded as A. It shall then be diluted approximately 50% with NO span gas and passed through the NDIR and (H)CLD with the CO2 and NO values recorded as B and C, respectively. The CO2 shall be shut off and only the NO span gas is passed through the (H)CLD and the NO value recorded as D.

The quench, which shall not be greater than 3% full scale, shall be calculated as follows:

Where:

A. undiluted CO2 concentration measured with NDIR %

B. diluted CO2 concentration measured with NDIR %

C. diluted NO concentration measured with CLD ppm

D. undiluted NO concentration measured with CLD ppm

Alternative methods of diluting and quantifying CO2 and NO span gas values, such as dynamic/mixing/blending, can be used.

1.10.2.2.  Water quench check

This check applies to wet gas concentration measurements only. Calculation of water quench must consider dilution of the NO span gas with water vapour and scaling of water vapour concentration of the mixture to that expected during testing.

A NO span gas having a concentration of 80 to 100% of full scale to the normal operating range shall be passed through the (H)CLD and the NO value recorded as D. The NO span gas shall then be bubbled through water at room temperature and passed through the (H)CLD and the NO value recorded as C. The water temperature shall be determined and recorded as F. The mixture's saturation vapour pressure that corresponds to the bubbler water temperature (F) shall be determined and recorded as G. The water vapour concentration (in %) of the mixture shall be calculated as follows:

and recorded as H. The expected diluted NO span gas (in water vapour) concentration shall be calculated as follows:

and recorded as De.

The water quench shall not be greater than 3% and shall be calculated as follows:

Where:

De: expected diluted NO concentration (ppm)

C: diluted NO concentration (ppm)

Hm maximum water vapour concentration

H: actual water vapour concentration (%)

Note: It is important that the NO span gas contains minimal NO2 concentration for this check, since absorption of NO2 in water has not been accounted for in the quench calculations.

1.10.3.  O2 analyser interference

Instrument response of a PMD analyser caused by gases other than oxygen is comparatively slight. The oxygen equivalents of the common exhaust gas constituents are shown in Table 1.

Table ‐ Oxygen equivalents

The observed oxygen concentration shall be corrected by the following formula if high precision measurements are to be done:

1.11.  Calibration intervals

The analysers shall be calibrated according to section 1.5 at least every three months or whenever a system repair or change is made that could influence calibration.

APPENDIX 3

1.  DATA EVALUATION AND CALCULATIONS

1.1.  Gaseous emissions evaluation

For the evaluation of the gaseous emissions, the chart reading for a minimum of the last 120 s of each mode shall be averaged, and the average concentrations (conc) of HC, CO, NOx and CO2 during each mode shall be determined from the average chart readings and the corresponding calibration data. A different type of recording can be used if it ensures an equivalent data acquisition.

The average background concentration (concd) may be determined from the bag readings of the dilution air or from the continuous (non-bag) background reading and the corresponding calibration data.

1.2.  Calculation of the gaseous emissions

The finally reported test results shall be derived through the following steps.

1.2.1.  Dry/wet correction

The measured concentration, if not already measured on a wet basis, shall be converted to a wet basis:

For the raw exhaust gas:

Where α is the hydrogen to carbon ratio in the fuel.

The H2 concentration in the exhaust shall be calculated:

The factor kw2 shall be calculated:

with Ha = absolute humidity of the intake air as g of water per kg of dry air.

For the diluted exhaust gas:

For wet CO2 measurement:

Or, for dry CO2 measurement:

Where α is the hydrogen to carbon ratio in the fuel.

XXX

Where:

Hd = absolute humidity of the dilution air, g of water per kg of dry air

Ha = absolute humidity of the intake air, g of water per kg of dry air

For the dilution air:

The factor kw1 shall be calculated from the following equations:

Where:

Hd = absolute humidity of the dilution air, g of water per kg of dry air

Ha = absolute humidity of the intake air, g of water per kg of dry air

For the intake air (if different from the dilution air):

XXX

with Ha absolute humidity of the intake air, g of water per kg of dry air.

1.2.2.  Humidity correction for NOx

As the NOx emission depends on ambient air conditions, the NOx concentration shall be multiplied by the factor KH taking into account humidity:

with Ha = absolute humidity of the intake air as g of water per kg of dry air

1.2.3.  Calculation of emission mass flow rate

The emission mass flow rates Gasmass [g/h] for each mode shall be calculated as follows.

(a)  For the raw exhaust gas (14):

Where:

GFUEL [kg/h] is the fuel mass flow rate;

MWGas [kg/kmole] is the molecular weight of the individual gas shown in Table 1;

Table 1 – Molecular weights

–  MWFUEL = 12,011 + α x 1,00794 + ß x 15,9994 [kg/kmole] is the fuel molecular weight with α hydrogen to carbon ratio and ß oxygen to carbon ratio of the fuel (15);

–   concc is the background corrected concentration:

The u coefficient is shown in Table 2.

Table 2 – Values of u coefficient

Values of the u coefficient are based upon a molecular weight of the dilute exhaust gases equal to 29 [kg/kmole]; the value of u for HC is based upon an average carbon to hydrogen ratio of 1:1.85.

1.2.4.  Calculation of specific emissions

The specific emission (g/kWh) shall be calculated for all individual components:

Where Pi = PM,i + PAE,i

When auxiliaries, such as cooling fan or blower, are fitted for the test, the power absorbed shall be added to the results except for engines where such auxiliaries are an integral part of the engine. The fan or blower power shall be determined at the speeds used for the tests either by calculation from standard characteristics or by practical tests (Appendix 3 of Annex VII).

The weighting factors and the number of the n modes used in the above calculation are shown in Annex IV, section 3.5.1.1.

2.  EXAMPLES

2.1.  Raw exhaust gas data from a 4-stroke SI engine

With reference to the experimental data (Table 3), calculations are carried out first for mode #1 and then are extended to other test modes using the same procedure.

Table 3

Experimental data of a 4-stroke SI engine

2.1.1.  Dry/wet correction factor kw

The dry/wet correction factor kw shall be calculated for converting dry CO and CO2 measurements on a wet basis:

Where:

and:

Table 4

CO and CO2 wet values according to different test modes

2.1.2.  C emissions

Where:

Table 5 – HC emissions [g/h] according to different test modes

2.1.3.  NOx emissions

At first the humidity correction factor KH of NOx emissions shall be calculated:

Table 6

Humidity correction factor KH of NOx emissions according to different modes

Then NOxmass [g/h] shall be calculated:

Table 7

NOx emissions [g/h] according to the different test modes

2.1.4.  CO emissions

Table 8

CO emissions [g/h] according to different test modes

2.1.5.  CO2 emissions

Table 9

CO2 emissions [g/h] according to different test modes

2.1.6.  Specific emissions

The specific emission (g/kWh) shall be calculated for all individual components:

Table 10

Emissions [g/h] and weighting factors according to the test modes

2.2.  Raw exhaust gas data from a 2-stroke SI engine

With reference to the experimental data (Table 11), calculations shall be carried out first for mode #1 and then extended to the other test mode using the same procedure.

Table 11

Experimental data of a 2-stroke SI engine

2.2.1.  Dry/wet correction factor kw

The dry/wet correction factor kw shall be calculated for converting dry CO and CO2 measurements on a wet basis:

Where:

Table 12

CO and CO2 wet values according to different test modes

2.2.2.  HC emissions

Where:

Table 13

HC emissions [g/h] according to test modes

2.2.3.  NOx emissions

The factor KH for the correction of the NOx emissions is equal to 1 for two-stroke engines:

Table 14

NOx emissions [g/h] according to test modes

2.2.4.  CO emissions

Table 15

CO emissions [g/h] according to test modes

2.2.5.  CO2 emissions

Table 16

CO2 emissions [g/h] according to test modes

2.2.6.  Specific emissions

The specific emission (g/kWh) shall be calculated for all individual components in the following way:

Table 17

Emissions [g/h] and weighting factors in two test modes

2.3.  Diluted exhaust gas data from a 4-stroke SI engine

With reference to the experimental data (Table 18), calculations shall be carried out first for mode #1 and then extended to other test modes using the same procedure.

Table 18

Experimental data of a 4-stroke SI engine

(1) Dilution air conditions equal to intake air conditions.

2.3.1.  Dry/wet correction factor kw

The dry/wet correction factor kw shall be calculated for converting dry CO and CO2 measurements on a wet basis.

For the diluted exhaust gas:

Where:

Table 19

CO and CO2 wet values for the diluted exhaust gas according to test modes

For the dilution air:

Where the factor kw1 is the same as that already calculated for the diluted exhaust gas.

Table 20

CO and CO2 wet values for the dilution air according to test modes

2.3.2.  HC emissions

Where:

u = 0,000478 from Table 2

Table 21

HC emissions [g/h] according to test modes

2.3.3.  NOx emissions

The factor KH for the correction of the NOx emissions shall be calculated from:

Table 22

Humidity correction factor KH of NOx emissions according to test modes

Where:

u = 0,001587 from Table 2

Table 23

NOx emissions [g/h] according to test modes

2.3.4.  CO emissions

Where:

u = 0,000966 from Table 2

Table 24

CO emissions [g/h] according to test modes

2.3.5.  CO2 emissions

Where:

u = 15,19 from Table 2

Table 25

CO2 emissions [g/h] according to different test modes

2.3.6.  Specific emissions

The specific emission (g/kWh) shall be calculated for all individual components:

Table 26

Emissions [g/h] and weighting factors according to different test modes

APPENDIX 4

1.  COMPLIANCE WITH EMISSION STANDARDS

This appendix shall apply to SI engines Stage II only.

1.1.  The exhaust emission standards for Stage 2 engines in Annex I 4.2 apply to the emissions of the engines for their emission durability period EDP as determined in accordance with this Appendix.

1.2.  For all Stage II engines, if, when properly tested according to the procedures in this Directive, all test engines representing an engine family have emissions which, when adjusted by multiplication by the deterioration factor (DF) laid down in this Appendix, are less than or equal to each Stage II emission standard (family emission limit (FEL), where applicable) for a given engine class, that family shall be considered to comply with the emission standards for that engine class. If any test engine representing an engine family has emissions which, when adjusted by multiplication by the deterioration factor laid down in this Appendix, are greater than any single emission standard (FEL, where applicable) for a given engine class, that family shall be considered not to comply with the emission standards for that engine class.

1.3.  Small volume engine manufacturers may, optionally, take deterioration factors for HC+NOx and CO from Tables 1 or 2 in this section, or they may calculate deterioration factors for HC+NOx and CO according to the process described in section 1.3.1. For technologies not covered by Tables 1 and 2 in this section, the manufacturer must use the process described in section 1.4 in this Appendix.

Table 1:

Handheld Engine HC+NOx and CO Assigned Deterioration Factors

for Small Volume Manufacturer

Table 2:

Non-handheld Engine HC+NOx and CO Assigned Deterioration Factors

for Small Volume Manufacturers

1.3.1.  Formula for calculating deterioration factors for engines with after treatment:

DF = [(NE * EDF) - (CC * F)]/ (NE - CC)

Where:

DF = deterioration factor

NE = new engine emission levels prior to the catalyst (g/kWh)

EDF = deterioration factor for engines without catalyst as shown in Table 1

CC = amount converted at 0 hours in g/kWh

F = 0,8 for HC and 0,0 for NOx for all classes of engines

F = 0,8 for CO for all classes of engines

1.4.  Manufacturers shall obtain an assigned DF or calculate a DF, as appropriate, for each regulated pollutant for all Stage 2 engine families. Such DFs shall be used for type approval and production line testing.

1.4.1.  For engines not using assigned DFs from Tables 1 or 2 of this section, DFs shall be determined as follows:

1.4.1.1.  On at least one test engine representing the configuration chosen to be the most likely to exceed HC+NOx emission standards, (FELs where applicable), and constructed to be representative of production engines, conduct (full) test procedure emission testing as described in this Directive after the number of hours representing stabilised emissions.

1.4.1.2.  If more than one engine is tested, average the results and round to the same number of decimal places contained in the applicable standard, expressed to one additional significant figure.

1.4.1.3.  Conduct such emission testing again following ageing of the engine. The ageing procedure should be designed to allow the manufacturer to appropriately predict the in-use emission deterioration expected over the durability period of the engine, taking into account the type of wear and other deterioration mechanisms expected under typical consumer use which could affect emissions performance. If more than one engine is tested, average the results and round to the same number of decimal places contained in the applicable standard, expressed to one additional significant figure.

1.4.1.4.  Divide the emissions at the end of the durability period (average emissions, if applicable) for each regulated pollutant by the stabilised emissions (average emissions, if applicable) and round to two significant figures. The resulting number shall be the DF, unless it is less than 1,00, in which case the DF shall be 1,0.

1.4.1.5.  At the manufacturer's option additional emission test points can be scheduled between the stabilised emission test point and the Emission Durability Period. If intermediate tests are scheduled, the test points must be evenly spaced over the EDP (plus or minus 2 hours) and one such test point shall be at one-half of full EDP (plus or minus 2 hours).

For each pollutant HC+NOx and CO, a straight line must be fitted to the data points treating the initial test as occurring at hour zero, and using the method of least-squares. The deterioration factor is the calculated emissions at the end of the durability period divided by the calculated emissions at zero hours.

1.4.1.6.  Calculated deterioration factors may cover families in addition to the one on which they were generated if the manufacturer submits a justification acceptable to the national type approval authority in advance of type approval that the affected engine families can be reasonably expected to have similar emission deterioration characteristic based on the design and technology used.

2.  EMISSION DURABILITY PERIODS FOR STAGE 2 ENGINES

2.1.  Manufacturers shall declare the applicable EDP category for each engine family at the time of type approval. Such category shall be the category which most closely approximates the expected useful lives of the equipment into which the engines are expected to be installed as determined by the engine manufacturer. Manufacturers shall retain data appropriate to support their choice of EDP category for each engine family. Such data shall be supplied to the approval authority upon request.

2.1.1.  For handheld engines: Manufacturers shall select a EDP category from Table 1.

Table 1:

EDP categories for Handheld Engines (hours)

2.1.2.  For non-handheld engines: Manufacturers shall select an EDP category from Table 2.

Table 2:

EDP categories for Non-handheld Engines (hours)

2.1.3.  The manufacturer must satisfy the approval authority that the declared useful life is appropriate. Data to support a manufacturer's choice of EDP category, for a given engine family, may include but are not limited to:

5)  Annex IV shall become Annex V and shall be amended as follows:

The current headings shall be replaced by the following:

TECHNICAL CHARACTERISTICS OF REFERENCE FUEL PRESCRIBED FOR APPROVAL TESTS AND TO VERIFY CONFORMITY OF PRODUCTION

NON-ROAD MOBILE MACHINERY REFERENCE FUEL FOR CI ENGINES(1).

In the table in the line on "Neutralisation" the word "Minimum" in column 2 shall be replaced by the word "Maximum". The following new table and new footnotes shall be added:

NON-ROAD MOBILE MACHINERY REFERENCE FUEL FOR

SI ENGINES

Note: The fuel for two-stroke engines is a blend of lubricant oil and the petrol specified below. The fuel/oil mixture ratio must be the ratio which is recommended by the manufacturer as specified in Annex IV, section 2.7.

(1) The values quoted in the specification are "true values". In establishment of their limit values the terms of ISO 4259 "Petroleum products – Determination and application of precision data in relation to methods of test" have been applied and in fixing a minimum value, a minimum difference of 2R above zero has been taken into account; in fixing a maximum and minimum value, the minimum difference is 4R (R = reproducibility). Notwithstanding this measure, which is necessary for statistical reasons, the manufacturer of fuels should nevertheless aim at a zero value where the stipulated maximum value is 2R and at the mean value in the case of quotations of maximum and minimum limits. Should it be necessary to clarify the question as to whether a fuel meets the requirements of the specifications, the terms of ISO 4259 should be applied.

(2) The fuel may contain oxidation inhibitors and metal deactivators normally used to stabilise refinery gasoline streams, but detergent/dispersive additives and solvent oils must not be added.

6)  Annex V shall become Annex VI.

7)  Annex VI shall become Annex VII and shall be amended as follows:

(a)  Appendix 1 shall be amended as follows:

Appendix 1

TEST RESULTS FOR COMPRESSION IGNITION ENGINES

–  Section 1.3.2 shall be replaced by the following:

1.3.2.  Power absorbed at indicated engine speed (as specified by the manufacturer):

–  Section 1.4.2. shall be replaced by the following:

1.4.2.  Engine power (1)

_____________

(1) Uncorrected power measured in accordance with the provisions of section 2.4 of Annex I.

–  Section 1.5 shall be amended as follows:

1.5.  Emission levels

1.5.1.  Dynamometer setting (kW)

1.5.2.  Emission results on the test cycle:

(b)  The following Appendix shall be added:

Appendix 2

TEST RESULTS FOR SPARK IGNITION ENGINES

1.  Information concerning the conduct of the test(s) (1):

1.1.  Reference fuel used for test

1.1.1.  Octane number

1.1.2.  State percentage of oil in mixture when lubricant and petrol are mixed as in the case of 2-stroke engines

1.1.3.  Density of petrol for 4-stroke engines and petrol/oil mixture for 2-stroke engines

1.2.  Lubricant

1.2.1.  Make(s)

1.2.2.  Type(s)

1.3.  Engine driven equipment (if applicable)

1.3.1.  Enumeration and identifying details

1.3.2.  Power absorbed at indicated engine speed (as specified by the manufacturer)

1.4.  Engine performance

1.4.1.  Engine speeds:

Idle: min-1 

Intermediate: min-1

Rated: min-1

1.4.2.  Engine power (2)

1.5  Emission levels

1.5.1.  Dynamometer setting (kW)

1.5.2.  Emission results on the test cycle:

CO: g/kWh

HC: g/kWh

NOx: g/kWh.

_______________

(1) In case of several parent engines, to be indicated for each of them.

(2) Uncorrected power measured in accordance with the provisions of section 2.4 of Annex I.

(c)  The following Appendix 3 shall be added:

Appendix 3

EQUIPMENT AND AUXILIARIES TO BE INSTALLED FOR THE TEST TO DETERMINE ENGINE POWER

a)  The complete inlet system shall be fitted as provided for the intended application:

where there is a risk of an appreciable effect on the engine power; in the case of naturally aspirated spark ignition engines; when the manufacturer requests that this should be done. In other cases, an equivalent system may be used and a check should be made to ascertain that the intake pressure does not differ by more than 100 Pa from the upper limit specified by the manufacturer for a clean air filter.

b)  The complete exhaust system shall be fitted as provided for the intended application: where there is a risk of an appreciable effect on the engine power; in the case of naturally aspirated spark ignition engines; when the manufacturer requests that this should be done. In other cases, an equivalent system may be installed provided the pressure measured does not differ by more than 1000 Pa from the upper limit specified by the manufacturer.

c)  If an exhaust brake is incorporated in the engine, the throttle valve shall be fixed in the fully open position.

d)  The fuel feed pressure may be adjusted, if necessary, to reproduce the pressure existing in the particular engine application (particularly when a "fuel return" system is used).

e)  The air intake valve is the control valve for the pneumatic governor of the injection pump. The governor or the fuel injection equipment may contain other devices which may affect the amount of injected fuel.

f)  The cooling-liquid circulation shall be operated by the engine water pump only. Cooling of the liquid may be produced by an external circuit, such that the pressure loss of this circuit and the pressure at the pump inlet remain substantially the same as those of the engine cooling system.

g)  The thermostat may be fixed in the fully open position.

h)  When the cooling fan or blower is fitted for the test, the power absorbed shall be added to the results, except for cooling fans of air cooled engines directly fitted on the crankshaft. The fan or blower power shall be determined at the speeds used for the test either by calculation from standard characteristics or by practical tests.

i)  Minimum power of the generator: the electrical power of the generator shall be limited to that necessary for operation of accessories which are indispensable for engine operation. If the connection of a battery is necessary, a fully charged battery in good condition shall be used.

j)  Charge air-cooled engines shall be tested with charge air cooling, whether liquid- or air-cooled, but if the manufacturer prefers, a test bench system may replace the air cooler. In either case, the measurement of power at each speed shall be made with the maximum pressure drop and the minimum temperature drop of the engine air across the charge air cooler on the test bench system as specified by the manufacturer.

k)  These may include, for example, exhaust-gas recirculation (EGR)-system, catalytic converter, thermal reactor, secondary air-supply system and fuel evaporation protecting system.

l)  The power for electrical or other starting systems shall be provided from the test bed.

8)  Annexes VII to X shall become Annexes VIII to XI.

9)  The following Annex XII shall be added:

ANNEX XII

RECOGNITION OF ALTERNATIVE TYPE-APPROVALS

1.  The following type-approvals and, where applicable, the pertaining approval marks are recognised as being equivalent to an approval to this Directive for engines of categories A, B and C as defined in Article 9 section 2;

2.1.  Directive 2000/25/EC, stage II approvals

2.2.  Type-approvals to Directive 88/77/EEC as amended by Directive 99/96/EC which are in compliance with stages A, B1, B2 or C provided for in Article 2 and section 6.2.1 of Annex I.

2.3.  UN-ECE Regulation 49.03 series of amendments.

2.4.  UN-ECE Regulation 96 stage B approvals according to paragraph 5.2.1 of the 01 series of amendments of Regulation 96.

________________________

(1) OJ C 145 E, 18.6.2002, p. 17. (2) OJ C 87 E, 11.4.2002, p. 37. (3) OJ C 180 E, 26.6.2001, p. 31. (4) OJ C 51 E, 26.2.2002, p. 322. (5) OJ C 180 E, 26.6.2001, p. 31 and OJ C 51 E, 26.2.2002, p. 322. (6) OJ C 260, 17.9.2001, p. 1. (7) Position of the European Parliament of 2 October 2001 (OJ C 87 E, 11.4.2002, p. 37), Council common position of 25 March 2002 (OJ C 145 E, 18.6.2002, p. 17) and position of the European Parliament of 2 July 2002. (8) OJ L 59, 27.2.1998, p.1. Directive as amended by Commission Directive 2001/63/EC (OJ L 227, 23.8.2001, p. 41). (9) OJ L 184, 17.7.1999, p. 23. (10) * 18 months after the date of entry into force of this Directive. (11) * 18 months after the date of entry into force of this Directive. (12) * 18 months after the date of entry into force of this Directive. (13) Identical with D2 cycle of ISO 8168-4: 1996(E). (14) In the case of NOx the concentration has to be multiplied by the humidity correction factor KH (humidity correction factor for NOx). (15) In ISO 8178-1 a more complete formula of the fuel molecular weight is quoted (formula 50 of Chapter 13.5.1 (b). The formula takes into account not only the hydrogen to carbon ratio and the oxygen to carbon ratio but also other possible fuel components such as sulphur and nitrogen. However, as the SI engines of the Directive are tested with a petrol (quoted as a reference fuel in Annex V) containing usually only carbon and hydrogen, the simplified formula is considered. (16) In the case of NOx the concentration has to be multiplied by the humidity correction factor KH (humidity correction factor for NOx).

Community statistics on science and technology ***I (procedure without debate)	217k  37k
Resolution Consolidated text
European Parliament legislative resolution on the proposal for a European Parliament and Council decision concerning the production and development of Community statistics on science and technology (COM(2001) 490 – C5&nbhy;0392/2001 – 2001/0197(COD)) P5_TA(2002)0338 A5-0236/2002 (Codecision procedure: first reading) The European Parliament, –   having regard to the Commission proposal to the European Parliament and the Council (COM(2001) 490(1)), –   having regard to Article 251(2) and Article 285 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5&nbhy;0392/2001), –   having regard to Rule 67 of its Rules of Procedure, –   having regard to the report of the Committee on Industry, External Trade, Research and Energy (A5&nbhy;0236/2002), 1.  Approves the Commission proposal as amended; 2.  Asks to be consulted again should the Commission intend to amend the proposal substantially or replace it with another text; 3.  Instructs its President to forward its position to the Council and Commission. Position of the European Parliament adopted at first reading on 2 July 2002 with a view to the adoption of European Parliament and Council Decision No .../2002/EC concerning the production and development of Community statistics on science and technology P5_TC1-COD(2001)0197 THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 285 thereof, Having regard to the proposal from the Commission(2), Acting in accordance with the procedure laid down in Article 251 of theTreaty(3), Whereas : (1)  There is a need for comparable statistics on research and development, technological innovation and science and technology in general in order to support Community policies. (2)  Council Decision 94/78/CE, Euratom of 24 January 1994 establishing a multiannual programme for the development of Community statistics on research, development and innovation(4) for the period 1994-1997, highlighted the objectives to set out a Community reference framework for statistics and to establish a harmonised Community statistical information system in this field. (3)  The final report for the programme period 1994 to 1997 emphasises that the work should be continued and that data should be made available more rapidly, that the regional coverage should be extended and that the comparability of the data must increase. (4)  In accordance with Council Decision 1999/126/EC of 22 December 1998 establishing the Community statistical programme 1998-2002(5), the statistical information system shall support the management of science and technology policies in the Community and assess R&D and innovation capability of regions for administration of structural funds. (5)  In order to ensure their usefulness and comparability, the details of data to be provided by the Member States should be established by the Commission taking into account work carried out by OECD and other international organisations. (6)  Community policy on science, technology and innovation places particular importance on strengthening the scientific and technological basis of European businesses to be more innovative and competitive at international and regional level, realising the benefits of the information society and promoting the transfer of technology, improving activities in the domain of intellectual property rights and the development of mobility of human resources, and promoting equality between men and women in science. (7)  The principle of cost-effectiveness shall apply for the data collection procedures for industry and administrations, while still maintaining the necessary quality of the data. (8)  It is essential that developments in official statistics on science and technology are coordinated to also meet the essential needs of national, regional and local administrations, international organisations, economic operators, professional associations and the general public. (9)  Council Decision 1999/173/EC of 25 January 1999 adopting a specific programme for research, technological development and demonstration on improving the human research potential and the socio-economic knowledge base (1998 to 2002)(6) will be taken into account to avoid overlap of work. (10)  Council Resolution of 20 May 1999 on women and science(7) underlines the need for information on the participation of women in the development of science and technology. (11)  The measures necessary for the implementation of this Decision, being management measures within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (8), should be adopted by use of the management procedure provided for in Article 4 of that Decision. (12)  The Statistical Programme Committee established by Council Decision 89/382/EEC, Euratom(9) has been consulted in accordance with Article 3 of that Decision. (13)  The Scientific and Technical Research Committee (Crest) has given its opinion, HAVE ADOPTED THIS DECISION: Article 1 The objective of this Decision is to establish a Community statistical information system on science, technology and innovation to support and monitor Community policies. Article 2 The objective described in Article 1 shall be implemented by individual statistical actions as follows:    - Delivery of statistics by the Member States on a regular basis and within specified deadlines, in particular statistics on R&D activity in all sectors of performance and on the funding of R&D activity, including the government budget appropriations for R&D, taking into account the regional dimension by producing whenever possible science and technology statistics, based on NUTS classification.    - Development of new statistical variables to be produced on a permanent basis for the measurement of the output of science and technology activities, the diffusion of knowledge and more generally the performance of innovation needed for the formulation and assessment of science and technology policies in the increasingly knowledge-based economies. The Community shall give priority, in particular, to the following domains :    - innovation (new and improved products and processes introduced by enterprises in the market),    - human resources devoted to science and technology,    - patents (patents statistics to be derived from the databases of the national and European patent offices),    - high-technology statistics (identification and classification of products and services, measurement of economic performance and contribution to economic growth),    - gender statistics on science and technology, in cooperation and consultation with the Helsinki group, which is working on the collection of gender-related statistics. In addition, the Community shall intensify cooperation with the OECD and other international organisations, especially for the purposes of statistics on patents and high-technology activities.    - Improvement and updating of existing standards and manuals on concepts and methods, with particular regard to concepts in the service sector and coordinated methods for measurement of R&D activity.    - Improvement of data quality, specifically comparability, accuracy and timeliness    - Improvement in the dissemination, accessibility and documentation of statistical information. Available capacities within the Member States for data collection and processing will be taken into account. Article 3 The measures necessary for the implementation of this Decision shall be decided in accordance with the procedure referred to in Article 4(2). Article 4 1.  The Commission shall be assisted by the Statistical Programme Committee established by Article 1 of Decision 89/382/EEC, Euratom. 2.  Where reference is made to this paragraph, the management procedure laid down in Article 4 of Decision 1999/468/EC shall apply, in compliance with Articles 7(3) and 8 thereof. 3.  The period provided for in Article 4(3) of Decision 1999/468/EC shall be three months. Article 5 The Commission shall, within four years of the entry into force of this Decision, and again every three years thereafter, present a report to the European Parliament and the Council to evaluate the implementation of the measures provided for in Article 2. This report shall consider, inter alia, the costs of the actions and the burden on the respondents in relation to the benefits of the availability of the data and user satisfaction. Following this report, the Commission may propose any measures to improve the operation of this Decision. Article 6 This Decision is addressed to the Member States. Article 7 This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Communities Done at, For the European Parliament For the Council The President The President (1) OJ C 332 E, 27.11.2001, p. 238. (2) OJ C 332 E, 27.11.2001, p. 238. (3) Position of the European Parliament of 2 July 2002. (4) OJ L 38, 9.2.1994, p. 30. (5) OJ L 42, 16.2.1999, p. 1. (6) OJ L 64, 12.3.1999, p. 105. (7) OJ C 201, 16.7.1999, p. 1. (8) OJ L 184, 17.7.1999, p. 23. (9) OJ L 181, 28.6.1989, p. 47.

Protection of animals used for experimental purposes ***I (procedure without debate)	192k  26k
Text Resolution
Proposal for a European Parliament and Council directive amending Council Directive 86/609/EEC on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes (COM(2001) 703 – C5&nbhy;0605/2001 – 2001/0277(COD)) P5_TA(2002)0339 A5-0239/2002 The proposal was approved. European Parliament legislative resolution on the proposal for a European Parliament and Council directive amending Council Directive 86/609/EEC on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes (COM(2001) 703 – C5&nbhy;0605/2001 – 2001/0277(COD)) (Codecision procedure: first reading) The European Parliament, –   having regard to the Commission proposal to the European Parliament and the Council (COM(2001) 703(1)), –   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5&nbhy;0605/2001), –   having regard to Rule 67 of its Rules of Procedure, –   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Budgets (A5&nbhy;0239/2002), 1.  Approves the Commission proposal; 2.  Asks to be consulted again should the Commission intend to amend the proposal substantially or replace it with another text; 3.  Instructs its President to forward its position to the Council and Commission. (1) OJ C 25 E, 29.1.2002, p. 536.

Protection of vertebrate animals used for experimental purposes * (procedure without debate)

191k  26k

Legislative resolution>MERGEFORMATEuropean Parliament legislative resolution on the proposal for a Council decision concerning the conclusion of the Protocol of Amendment to the European Convention for the protection of vertebrate animals used for experimental and other scientific purposes (COM(2001) 704 – C5&nbhy;0037/2002 – 2001/0278(CNS)) P5_TA(2002)0340 A5-0238/2002 (Consultation procedure) The European Parliament, –   having regard to the Commission proposal to the Council (COM(2001) 704(1)), –   having regard to the Protocol of Amendment to the European Convention for the protection of vertebrate animals used for experimental and other scientific purposes, –   having regard to Articles 95 and 300(2), first subparagraph of the EC Treaty, –   having been consulted by the Council pursuant to Article 300(3), first subparagraph, of the EC Treaty (C5-0037/2002), –   having regard to the opinion of the Committee on Legal Affairs and the Internal Market on the proposed legal base, –   having regard to Rules 67 and 97(7) of the Rules of Procedure, –   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy (A5&nbhy;0238/2002), 1.  Approves the conclusion of the Protocol; 2.  Instructs its President to forward its position to the Council and Commission and to the governments and parliaments of the Member States. (1) OJ C 25 E, 29.1.2002, p. 538.

Long-range transboundary air pollution * (procedure without debate)	191k  26k
Text Resolution
Proposal for a Council decision on the accession, on behalf of the European Community to the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution to Abate Acidification, Eutrophication and Ground-Level Ozone (COM(2002) 44 – C5&nbhy;0094/2002 – 2002/0035(CNS)) P5_TA(2002)0341 A5-0240/2002 The proposal was approved. European Parliament legislative resolution on the proposal for a Council decision on the accession, on behalf of the European Community to the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution to Abate Acidification, Eutrophication and Ground-Level Ozone (COM(2002) 44 – C5&nbhy;0094/2002 – 2002/0035(CNS)) (Consultation procedure) The European Parliament, –   having regard to the Commission proposal to the Council (COM(2002) 44(1)), –   having been consulted by the Council pursuant to Articles 175(1) and 300(2) subparagraph a1 of the EC Treaty (C5&nbhy;0094/2002), –   having regard to Rule 67 of its Rules of Procedure, –   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy (A5&nbhy;0240/2002), 1.  Approves the Commission proposal; 2.  Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament; 3.  Asks to be consulted again should the Council intend to amend the Commission proposal substantially; 4.  Instructs its President to forward its position to the Council and Commission. (1) OJ C 151 E, 25.6.2002, p. 74.

Request for waiver of immunity of Mr Korakas

20k  27k

European Parliament decision on the request for waiver of the immunity of Efstratios Korakas (2001/2230(IMM)) P5_TA(2002)0342 A5-0245/2002 The European Parliament, −   having received a letter from Mr Ilias Koliousis, public prosecutor at the Athens District Court, forwarded on 3 April 2001, and a request for waiver of the immunity of Efstratios Korakas, forwarded by Mikhail Stathopoulos, Minister of Justice of the Greek Republic, on 28 September 2001 and announced in Plenary on 12 November 2001, −   having heard Mr Efstratios Korakas, pursuant to Rule 6(3) of its Rules of Procedure, who requested that his parliamentary immunity not be waived, −   having regard to Article 10 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965, and to Article 4(2) of the Act concerning the Election of Representatives to the European Parliament by direct universal suffrage, of 20 September 1976, −   having regard to the judgments of the Court of Justice of the European Communities of 12 May 1964 and 10 July 1986(1), −   having regard to Rule 6 of its Rules of Procedure, −   having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0245/2002), 1.  Decides to not to waive the immunity of Efstratios Korakas; 2.  Instructs its President to forward this Decision and the report of its committee without delay to the appropriate authority of the Republic of Greece. (1) See Case 101/63: Wagner v Fohrmann and Krier [1964] ECR 399 and Case 149/85: Wybot v Faure [1986] ECR 2403.

Restriction on heavy goods vehicles involved in international transport ***I	335k  180k
Resolution Consolidated text Annex Annex
European Parliament legislative resolution on the amended proposal for a European Parliament and Council directive on a transparent system of harmonised rules for restrictions on heavy goods vehicles involved in international transport on designated roads (COM(2000) 759 – C5&nbhy;0679/2000 – 1998/0096(COD)) P5_TA(2002)0343 A5-0191/2002 (Codecision procedure: first reading) The European Parliament, –   having regard to the Commission proposal and the amended Commission proposal to the European Parliament and the Council (COM(1998) 115(1) and COM(2000) 759(2)), –   having regard to Article 71(1) and Article 251(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5&nbhy;0679/2000), –   having regard to Rule 67 of its Rules of Procedure, –   having regard to the report of the Committee on Regional Policy, Transport and Tourism (A5&nbhy;0191/2002), 1.  Approves the Commission proposal as amended; 2.  Asks to be consulted again should the Commission intend to amend the proposal substantially or replace it with another text; 3.  Instructs its President to forward its position to the Council and Commission. Position of the European Parliament adopted at first reading on 2 July 2002 with a view to the adoption of European Parliament and Council Decision 2002/…/EC on a transparent system of harmonised rules for restrictions on heavy goods vehicles involved in international transport on designated roads P5_TC1-COD(1998)0096 THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community Article 71.1 thereof, Having regard to the proposal from the Commission(3), Having regard to the opinion of the Economic and Social Committee(4), Having regard to the opinion of the Committee of the Regions(5), Acting in accordance with the procedure laid down in Article 251 of the Treaty(6), Whereas: (1)  There are currently no harmonised rules across the Community on driving restrictions for heavy goods vehicles on Sundays and public holidays. (2)  This lack of harmonised rules results in differences as regards the duration of driving restrictions and definitions of vehicles exempt from those restrictions. (3)  This situation has significant negative consequences for the freedom to provide transport services and for the provision of information to road haulage operators and professional drivers in the Community. (4)  The existence of driving bans that differ from Member State to Member State makes it impossible to make round trips over long distances without excessive interruptions. Peripheral regions of the Community are, in particular, highly and disproportionately affected by such driving restrictions because of their geographical situation, while central regions of the Community are highly and disproportionately affected by transit traffic. (5)  In addition, the existence of driving bans that differ from Member State to Member State is a cause of legal uncertainty in relation to the principle of the free movement of goods and Community provisions on guaranteeing freedom to provide transport services. The forthcoming enlargement and the resulting likely increase in heavy goods vehicle traffic can only make the situation more complicated. (6)  In accordance with the subsidiarity and proportionality principles as set out in Article 5 of the Treaty, the objectives of the proposed action, namely to establish a transparent system of harmonised rules for driving restrictions, thereby ensuring that the negative consequences for the freedom to provide transport services are reduced as far as possible, cannot be sufficiently achieved by the Member States and can, therefore, by reason of the scale of the action be better achieved by the Community. This Directive confines itself to the minimum required in order to achieve those objectives and does not go beyond what is necessary for that purpose. (7)  It is desirable that, in particular for international transport, the negative impact of driving restrictions be minimised; whereas it would be desirable that certain roads, indicated in Annex I, Section 2 of Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the Trans-European transport Network(7), be kept open for international transport. Therefore such roads should only be subject to new driving bans during certain hours on weekends, public holidays and the eve of public holidays. The Commission should be notified of such driving restrictions. Existing driving bans that are longer than the limits proposed shall be permitted to continue. (8)  This maximum permitted duration should be extendible in exceptional cases when such extension can be justified on environmental, road-safety or social grounds. A request for such an extension should be examined without delay by the Commission with the assistance of a committee. (9)  Member States should be able to restrict the circulation during the night of heavy goods vehicles whose noise exceeds Community standards. Member States should also be able to restrict heavy goods vehicles when exceptionally high traffic density is expected, for example during summer holiday periods. The Commission should be notified of such driving restrictions. (10)  Under special environmental or weather conditions Member States should be able to restrict the circulation of heavy goods vehicles on grounds of environmental protection or road safety. For practical reasons, it should be possible to adopt such restrictions without notifying the Commission. (11)  The types of heavy goods vehicles or transport operations which are exempted from bans in all Member States should be harmonised. (12)  The introduction of driving restrictions at national, regional and local level is currently done in an uncoordinated manner. A European road information system which can be accessed in real time by all road haulage operators and professional drivers should therefore be established, enabling reliable information on the timing and extent of these restrictions to be provided to all road transport operators. On the basis of the information collected under this system, the Commission should produce an annual report to the Member States and the European Parliament. (13)  Comparative statistics are needed on the level of use of international routes to give an overall picture of traffic in the European Union and the candidate countries and, on the basis of these statistics, to be able to assess the impact of driving restrictions on policies for the regulation and organisation of road transport. (14)  Since the measures necessary for the implementation of this Directive are measures of general scope within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(8), they should be adopted by use of the regulatory procedure provided for in Article 5 of that Decision. (15)  Each Member State should determine the penalties to be imposed in the event of an infringement of the provisions adopted for the implementation of this Directive. (16)  For the purposes of transparency, it is desirable to list in an Annex the national public holidays upon which driving bans currently apply. The Commission will amend this Annex at the request of Member States, (17)  In order to ensure that driving bans on heavy goods vehicles do not exacerbate inequalities in respect of social conditions or working conditions for drivers, accompanying social measures should be adopted, taking account in particular of the geographical origin of traffic. (18)  Member States which impose driving bans, forcing drivers to spend a weekend or part of a weekend in lorry parks, should ensure that there are sufficient parking spaces and sanitary facilities available. HAVE ADOPTED THIS DIRECTIVE: Article 1 This Directive establishes a transparent system of harmonised rules and information concerning driving restrictions applied for certain periods to heavy goods vehicles undertaking international transport on certain roads of the European Community. Article 2 For the purposes of this Directive:    - "heavy goods vehicle" shall mean all motor vehicles with a gross weight of 7,5 t. and above, used for the transport of goods, including their component parts (tractors or trailers), where the latter are used separately;    - "driving restrictions" shall mean a ban on the circulation of heavy goods vehicles for certain periods;    - "TENs network" shall mean the network of roads as indicated in Annex I, Section 2 of Decision No 1692/96/EC;    - "international transport" shall mean transport operations with a place of departure and place of arrival in two different Member States;    - "public holiday" shall mean those public holidays on which a Member State applies a national driving ban;    - "cars" shall mean motor vehicles in category M1 as defined in Annex II to Council Directive 70/156/EEC(9);    - "load" shall mean at least 1 tonne of cargo, including packaging;    - "European road information system" shall mean a system for collecting and disseminating in real time all information relevant to road haulage operators and professional drivers concerning the rules applied to, and the regulation and characteristics of, road traffic on the TENs network, in close coordination with road information centres in the Member States. Article 3 1.  The scope of this Directive is limited to the TENs network. 2.  Member States shall not impose driving restrictions on heavy goods vehicles involved in international transport which are stricter than those applied to heavy goods vehicles involved in national transport. 3.  Member States may impose driving restrictions for all heavy goods vehicles    – from 16 September to 14 June between the hours of 22h00 on Saturday and 22h00 on Sunday, and between the hours of 22h00 on the eve of a public holiday and 22h00 on the day of a public holiday;    – from 15 June to 15 September between the hours of 07h00 on Saturday and 22h00 on Sunday, and between the hours of 22h00 on the eve of a public holiday and 22h00 on the day of a public holiday. 4.  Member States may impose driving restrictions during the night, from 22h00 to 05h00, which apply to all heavy goods vehicles which do not comply with noise emission standards provided by Commission Directive 96/20/EC(10). 5.  Member States with driving restrictions in operation as of 1 November 2000 that exceed the limits laid down in paragraph 3 may continue to apply them. Should the Member State concerned modify these driving restrictions, it can only do so in the sense of alignment with the restrictions mentioned in paragraph 3. 6.  Member States may only impose driving restrictions additional to those laid down in paragraphs 3 and 4 on condition that heavy goods vehicles involved in international transport are exempted from those additional driving restrictions. 7.  Notwithstanding paragraph 6 Member States may in exceptional cases impose driving restrictions extending the time limits laid down in paragraphs 3 and 4 on heavy goods vehicles, including those undertaking international transport provided that they submit evidence indicating that such additional restrictions can be justified on environmental, road-safety or social grounds and after having received prior agreement from the Commission in accordance with the Committee procedure laid down in Article 9. The evidence shall include an analysis which justifies the restrictions as a proportional measure by comparison with alternative traffic management measures. The evidence shall quantify the effects of the additional restrictions on the basis of one or more of the following criteria:    a) relevant statistics and/or estimates, both including and excluding the circulation of heavy goods vehicles, concerning traffic density on weekends during different periods of the year (summer, winter, during holiday periods) and possible effects on congestion;    b) relevant statistics and/or estimates, both including and excluding the circulation of heavy goods vehicles, concerning rates of accidents both during periods where the additional restrictions would apply and at times when no restrictions are in force;    c) relevant data and/or estimates concerning the gaseous emissions saved, or noise pollution reduced by additional restrictions, including the negative effect that bans may have on the emissions of traffic that has been diverted and on traffic concentrated on periods of the week where no restrictions apply;    d) a social analysis of the impact of additional restrictions on the average working conditions of drivers of heavy goods vehicles registered both in Member States where these restrictions apply and in the other Member States, taking into account existing Community legislation in this field. 8.  Notwithstanding paragraph 6, Member States may impose special driving restrictions on heavy goods vehicles, including those undertaking international transport on the TENs network, on those days and roads where:    a) exceptionally high traffic density is expected, for example during public holidays and holiday outward and return journey periods or peak times;    b) circulation bans for limited periods of time apply to cars, notably for environmental reasons;    c) restrictions for maintenance of infrastructure are considered necessary;    d) restrictions are required under special weather conditions, in the event of natural disasters or for urgent reasons of public safety. Article 4 Heavy goods vehicles and/or particular transport operations as defined in Annex I shall be exempted from the driving restrictions which are laid down in accordance with Articles 3(3), 3(6), 3(7) and point (a) of 3(8). Article 5 1.  Member States wishing to impose extended driving restrictions in accordance with Article 3(7) shall present a request to the Commission. The Commission shall decide on such request in accordance with the procedure set out in Article 9(2) within two months of receiving it. 2.  Member States wishing to impose driving restrictions in accordance with Article 3(3), 3(4), or point (a) of 3(8) shall notify the Commission at least 60 days in advance, giving details of the extent of those restrictions. 3.  Member States wishing to amend any of the dates listed in Annex II as their national public holidays on which driving bans apply shall notify the Commission at least 60 days in advance. The Commission shall amend Annex II accordingly. Article 6 A European road information system shall be set up under the Commission, the task of which shall be to    - collect, with the support of road information centres in the Member States, all data concerning the rules applied to, and the regulation and characteristics of, traffic on the TENs network;    - process and disseminate such data in real time to road haulage operators and professional drivers within the territory of the Union;    - create a monitoring centre for traffic on the TENs network for statistical and analytical purposes. Article 7 On the basis of the information provided for in Articles 5 and 6, the Commission shall prepare annually by 30 November a report on driving restrictions permitted under Articles 3(3), 3(4) 3(7) and point (a) of 3(8) for heavy goods vehicles performing international operations on the TENs network for the forthcoming year. The Commission shall also prepare a list of infringements of this Directive in each of the Member States and of the penalties applied by the Member States in respect thereof pursuant to Article 10. This information shall be forwarded to the European Parliament and the Council. Article 8 The Commission shall adopt any amendments necessary to adapt Annex I in accordance with the procedure laid down in Article 9. Article 9 1.  The Commission shall be assisted by a committee, composed of representatives of the Member States and chaired by the representative of the Commission. 2.  Where reference is made to this paragraph, the regulatory procedure laid down in Article 5 of Decision 1999/468/EC shall apply, in compliance with Article 7(3) and Article 8 thereof. 3.  The period provided for in Article 5(6) of Decision 1999/468/EC shall be [3] months. Article 10 Member States shall determine the penalties applicable to infringements of this Directive and shall take all necessary measures to ensure that they are enforced. The penalties they provide for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those measures no later than the date specified in the first subparagraph of Article 11 and shall notify it of amendments to them without delay. Article 11 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2004 at the latest. They shall forthwith inform the Commission thereof. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. Member States shall apply these provisions from 1 July 2005. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive. Article 12 This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities. Article 13 This Directive is addressed to the Member States. Done at, For the European Parliament For the Council The President The President ANNEX I Transport operations/types of vehicles exempt from driving restrictions Vehicles performing combined transport operations as defined in Council Directive 92/106/EEC(11); Certified ATP vehicles(12) transporting a load of ATP-defined perishable foodstuffs; Certified ATP tankers for the transportation of liquid milk at controlled temperatures ; Vehicles transporting a load of perishable fruits or vegetables; Vehicles transporting exceptional loads as defined by Article 4(3) of Council Directive 96/53/EC(13); Vehicles transporting a load of fresh flowers or horticultural products. ANNEX II National public holidays on which Member States apply driving bans National Public Holidays in Austria New Year"s Day Epiphany Easter Monday Labour Day Ascension Day Whit Monday Corpus Christi Assumption Austrian National Day (26 October) All Saints Day Immaculate Conception Christmas Day St. Stephen"s Day National Public Holidays in France New Year"s Day Easter Monday Armistice Day (8 May) Ascension Day Whit Monday Bastille Day (14 July) Assumption All Saints Day Armistice Day (11 November) Christmas Day National Public Holidays in Germany New Year"s Day Good Friday Easter Monday Labour Day Ascension Day Whit Monday Day of German Unification (3 October) Christmas Day St. Stephen"s Day National Public Holidays in Italy New Year"s Day Epiphany Good Friday Easter Monday Liberation Day (25 April) Labour Day All Saints Day Immaculate Conception Christmas Day National Public Holidays in Luxembourg New Year"s Day Easter Monday Labour Day Ascension Day Whit Monday Luxembourg National Day (23 June) Assumption All Saints Day Christmas Day St. Stephen"s Day National Public Holidays in Spain New Year"s Day Epiphany Maundy Thursday Good Friday Labour Day All Saints Day Spanish Constitution Day (6 December) Immaculate Conception Christmas Day (1) OJ C 198, 24.6.1998, p. 17. (2) OJ C 120 E, 24.4.2001, p. 3. (3) OJ C 198, 24.6.1998, p. 17 and OJ C 120 E, 24.4.2001, p. 3. (4) OJ C 407, 28.12.1998, p. 109. (5) OJ C 374, 23.12.1999, p. 85. (6) Position of the European Parliament of 2 July 2002. (7) OJ L 228, 9.9.1996, p. 1. Decision as amended by Decision No 1346/2001/EC (OJ L 185, 6.7.2001, p. 1). (8) OJ L 184, 17.7.1999, p. 23. (9) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission Directive 2001/116/EC (OJ L 18, 21.1.2002, p. 1). (10) OJ L 92, 13.4.1996, p. 23. (11) OJ L 368, 17.12.1992, p. 38. (12) As defined in the UN-ECE Agreement on the international carriage of perishable foodstuffs and the special equipment to be used for such carriage (ATP). (13) OJ L 235, 17.9.1996, p. 59.

Aid in the field of trans-European networks ***I	132k  44k
Resolution Consolidated text
European Parliament legislative resolution on the amended proposal for a European Parliament and Council regulation amending Council Regulation (EC) No 2236/95 laying down general rules for the granting of Community financial aid in the field of trans-European networks (COM(2002) 134 - C5-0130/2002 - 2001/0226 (COD)) P5_TA(2002)0344 A5-0188/2002 (Codecision procedure: first reading) The European Parliament, –   having regard to the Commission amended proposal to the European Parliament and the Council (COM(2002) 134), –   having regard to Articles 156(1) and 251(2) of the EC Treaty, pursuant to which the Commission submitted the amended proposal to Parliament (C5&nbhy;0130/2002), –   having regard to Rule 67 of its Rules of Procedure, –   having regard to the report of the Committee on Budgets and the opinions of the Committee on Industry, External Trade, Research and Energy and the Committee Regional Policy, Transport and Tourism (A5-0188/2002), 1.  Approves the Commission proposal as amended; 2.  Considers that the financial consequences of the proposal are compatible with the current ceiling under heading 3 of the financial perspective, with no restriction being placed on other currently funded programmes under the same heading; 3.  Asks to be consulted again should the Commission intend to amend the proposal substantially or replace it with another text; 4.  Instructs its President to forward its position to the Council and Commission. Position of the European Parliament adopted at first reading on 2 July 2002 with a view to the adoption of European Parliament and Council Regulation (EC) No .../2002 amending Council Regulation (EC) No 2236/95 laying down general rules for the granting of Community financial aid in the field of trans-European networks P5_TC1-COD(2001)0226 THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular the first paragraph of Article 156 thereof, Having regard to the proposal from the Commission(1), Having regard to the opinion of the Economic and Social Committee(2), Having regard to the opinion of the Committee of the Regions(3), Acting in accordance with the procedure laid down in Article 251 of the Treaty(4), Whereas: (1)  The accumulated backlog in the financing of the trans-European transport network amounts to 60% of overall project support. Major problems remain to be solved in the 14 priority projects approved at the Essen European Council, whereby an increase in the level of Community co-financing is considered necessary. (2)  The Commission should prepare an evaluation of the Member States' responsibilities in the implementation of the projects. Based on this assessment, the Commission should present a proposal to improve cross-border cooperation between Member States. (3)  Traffic growth over the past decade - in particular heavy lorry traffic - has led to increased congestion and pollution throughout the territory of the Community. The current capacity of the road network as well as of rail infrastructure is far from optimal and the weakest points are the cross-border sections. The major delays in implementation of the trans-European network relate to cross-border rail projects requiring the construction of infrastructure such as tunnels or bridges of significant length. Owing to these constraints, the financial viability of such projects is often extremely low. This is in particular the case for cross-border rail projects located in areas characterised by natural barriers such as the Alps and the Pyrenees. (4)  Cross-border connections between energy networks are important for ensuring smooth operation of the internal market, security of supply and optimum use of energy infrastructure. The development stage of priority projects on the energy networks should therefore also be able to qualify for higher financial aid without this leading to any increase in the Community funds set aside for energy networks in the 2003-2006 financial perspective. This aid is for priority projects on the energy networks carried out in individual undertakings, which are necessary in the interests of the European economy but unprofitable in business terms and which do not distort competition between undertakings. (5)  Provision should be made for an increased level of support of up to 20% of total investment cost for projects concerning cross-border bottlenecks and projects at borders with candidate countries which contribute strongly to the improvement of the trans-European network, as established by Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network(5). (6)  Since cross-border projects with candidate countries may prove difficult to implement due to financial constraints, additional funding, including private capital, should be made available for the most urgently needed improvements related to transport infrastructure at borders with candidate countries. The potential economic viability and the social and economic added value of the projects and their compatibility with the objectives of sustainable mobility should be assessed. The funds devoted to these specific projects should cover the whole financing period 2003-2006 irrespective of the date of accession of the new Member States. (7)  The Transport Council reached an agreement on 26 March 2002 on the legal aspects of the GALILEO Joint Undertaking, whereby an amount of EUR 450 million is to be released for the financing of the development phase and these funds should be allocated to the GALILEO Joint Undertaking. (8)  The provisions of Council Regulation (EC) No 2236/95(6) should be adapted to take account of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7). (9)  The financial framework for the implementation of Regulation (EC) No 2236/95 should be increased in order to fund the most urgently needed improvements related to transport infrastructure at borders with candidate countries. Such an increase should be compatible with the ceiling under heading 3 of the financial perspective, with no restriction being placed on other currently funded programmes under the same heading. Pursuant to paragraph 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(8) which concerns multiannual programmes adopted under the co-decision procedure, the Commission should give precise reasons for departing from the approved financial framework, with due account being taken of the results obtained from implementing the programme. Prior to the reallocation of funds among the transport projects, the Commission should consult the budgetary authority to make sure that this complies with the priorities set by the European Parliament. In order to do justice to the objectives of the trans-European transport network and the transport policy challenges of enlargement, a substantial increase in appropriations for the transport projects will be required in the next financial perspective. (10)  Regulation (EC) No 2236/95 should therefore be amended accordingly, HAVE ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 2236/95 is amended as follows: 1.  In Article 5, paragraph 3 is replaced by the following: " 3.  Regardless of the form of intervention chosen, the total amount of Community aid under this Regulation shall not exceed 10% of the total investment cost. However, the total amount of Community aid may exceptionally reach 20% of the total investment cost in the following cases:    a) projects to eliminate cross-border rail bottlenecks and/or which concern missing links located in areas where natural barriers represent obstacles to the free circulation of goods and passengers, which promote safety and which strongly contribute to the reduction of imbalance between modes of transport and to the improvement of rail, road and waterway intermodality within the trans-European transport network as established by Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network*;    b) other projects which concern bottlenecks at borders with candidate countries where added value is particularly high in terms of safety improvement and congestion reduction within the trans-European transport network;    c) projects concerning satellite positioning and navigation systems as provided for in Article 17 of Decision No 1692/96/EC;    d) certain priority projects on the energy networks listed in European Parliament and Council Decision .../.../EC of ... [amending Decision No 1254/96/EC laying down a series of guidelines for trans-European energy networks]**. In order to define these priority projects on the energy networks, the Commission shall submit a report to the European Parliament and the Council listing and describing the measures on the energy networks which are likely, in the event of an increase in Community support from 10% to 20%, to lead to more rapid completion of the relevant priority projects; and    e) trans-European telecommunication networks projects, without increasing the overall level of appropriations.    _________________    * OJ L 228, 9.9.1996, p. 1.    ** OJ L ... " 2.  In Article 13, the following paragraph is inserted: " 2b. If an action is not completed within ten years of financial aid being allocated to it, the Commission shall demand reimbursement of the aid allocated. If the project is of an unusually large scale, or the delay could not reasonably have been foreseen, the Commission may depart from that deadline. " 3.  Article 17 is replaced by the following: " Article 17 Committee 1.  The Commission shall be assisted by a committee composed of one representative of each Member State, and a representative of the European Investment Bank, who shall not vote. Candidate countries can participate in committee proceedings as observers if a specific point on the agenda concerns them. The Committee shall be chaired by the representative of the Commission. 2.  Where reference is made to this Article, the advisory procedure laid down in Article 3 of Council Decision 1999/468/EC* shall apply, in compliance with Article 7 and Article 8 thereof. ___________________ * OJ L 184, 17.7.1999, p. 23. " 4.  In Article 18, the first paragraph is replaced by the following: " The financial framework for the implementation of this Regulation for the period 2000 to 2006 shall be EUR 4700 million and shall be subject to a mid-term review based on the implementation of this Regulation. The allocation of funds shall be linked to the qualitative and quantitative level of implementation, including the contribution to the reduction of traffic growth and air pollution. Commitment appropriations shall be cancelled after n+2 years if funds are not utilised. " Article 2 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at, For the European Parliament For the Council The President The President (1) OJ C 75 E, 26.3.2002, p. 316 and OJ C 151 E, 25.6.2002, p. 291. (2) OJ C 125, 27.5.2002, p. 13. (3) OJ C… (4) Position of the European Parliament of 2 July 2002. (5) OJ L 228, 9.9.1996, p. 1. Decision as amended by Decision No 1346/2001/EC (OJ L 185, 6.7.2001, p. 1). (6) OJ L 228, 23.9.1995, p. 1. Regulation as amended by Regulation (EC) No 1655/1999 of the European Parliament and of the Council (OJ L 197, 29.7.1999, p. 1). (7) OJ L 184, 17.7.1999, p. 23. (8) OJ C 172, 18.6.1999, p. 1.

Excise duty on biofuels *

380k  44k

European Parliament legislative resolution on the proposal for a Council directive amending Directive 92/81/EEC with regard to the possibility of applying a reduced rate of excise duty on certain mineral oils containing biofuels and on biofuels (COM(2001) 547 – C5-0030/2002 – 2001/0266(CNS)) P5_TA(2002)0345 A5-0218/2002 (Consultation procedure) The European Parliament, –   having regard to the Commission proposal to the Council (COM(2001) 547(1)), –   having been consulted by the Council pursuant to Article 93 of the EC Treaty (C5-0030/2002), –   having regard to Rule 67 of its Rules of Procedure, –   having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on Agriculture and Rural Development, the Committee on the Environment, Public Health and Consumer Policy and the Committee on Industry, External Trade, Research and Energy (A5-0218/2002), 1.  Approves the Commission proposal as amended; 2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; 3.  Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament; 4.  Asks to be consulted again if the Council intends to amend the Commission proposal substantially; 5.  Instructs its President to forward its position to the Council and Commission. Text proposed by the Commission   Amendments by Parliament Amendment 1 RECITAL 2 a (new) (2a) The Commission White Paper on European transport policy for 2010: time to decide(1) expects CO2 emissions from transport to rise by 50% between 1990 and 2010, to around 1113 billion tonnes, the main responsibility resting with road transport, which accounts for 84% of transport-related CO2 emissions. From an ecological point of view, the White Paper therefore calls for dependence on oil (currently 98%) in the transport sector to be reduced by using alternative fuels such as biofuels. _____________ (1) COM(2001) 370. Amendment 2 RECITAL 4 (4)  The Communication of the Commission entitled 'A Sustainable Europe for a Better World: A European Union Strategy for Sustainable Development', highlights the important role of alternative fuels, including biofuels, in tackling climate change and in the development of clean energies. (4)  The Communication of the Commission entitled 'A Sustainable Europe for a Better World: A European Union Strategy for Sustainable Development', highlights the important role of alternative fuels, including biofuels, in tackling climate change and in the development of clean energies. In this connection, consideration should also be given to pure, cold-pressed vegetable oil, such as rapeseed oil, which does not undergo any chemical change and can thus be produced in an environmentally friendly way, and whose by-products also contain protein and can be used as animal feed. Amendment 3 RECITAL 4 a (new) (4a) With a view to fulfilling the objectives in respect of sustainable development and environmental protection, the policy choices made with regard to the promotion of biofuels should minimise the harmful effects on agriculture, employment and land use. Amendment 4 RECITAL 4 b (new) (4b) It is estimated that world oil consumption will be around 115 million barrels a day in 2020, as compared with around 77 million barrels a day in 2000. The transport sector will account for 71% of final demand for oil in 2020. The Commission, in its communication on the European Union's oil supply(1), stated that it expects the European Union"s dependence on oil imports to rise from its current rate of 75% to over 85% in 2020. _____________ (1) COM(2000) 631. Amendment 21 RECITAL 5 a (new) (5a) The increased use of biofuels should be accompanied by a careful analysis of the environmental impact in relation to the cultivation, processing and consumption of raw materials. The increased use of such fuels appears desirable only if the environmental impact presents clear advantages by comparison with the use of traditional fuels. In particular, a study should be carried out into land use, more intensive agriculture, the relationship with alternative sustainable land use, the protection of water courses, energy efficiency, greenhouse gas potential, combustion characteristics and particle formation. Amendment 22 RECITAL 6 a (new) (6a) With a view to achieving sustainable development objectives and, in particular, to slow down climate change, there is a need for differentiated pricing for fuels, in order to internalise their ecological, social and economic cost. This long-term change should be supported by a review in the short term of the existing legal framework. Amendment 5 RECITAL 7 (7)  It is therefore desirable to establish a Community framework for reducing excise duties so as to promote biofuels, thereby contributing to the better functioning of the internal market and affording Member States and economic operators a sufficient degree of legal certainty. (7)  It is therefore desirable to establish a Community framework for reducing and providing an exemption from excise duties so as to promote biofuels, thereby complying with the objectives of promoting the use of biofuels, contributing to the better functioning of the internal market and affording Member States and economic operators a sufficient degree of legal certainty. Amendment 6 RECITAL 7 a (new) (7a) Where more favourable national taxation framework conditions already exist in Member States or have already been submitted before 1 January 2003, these should be kept in place until the quantitative objectives for biofuels produced in the EU proposed in this Directive have been achieved. Amendment 7 RECITAL 10 a (new) (10a) At present not all the biofuels available on the market meet strict environmental efficiency criteria. In some cases their production is linked to very high energy input and greenhouse gas emissions. However, technological advances in this area can only lead to improvements. Consequently research and technological development in the field of the sustainability of biofuels should be promoted. Amendment 8 RECITAL 16 a (new) (16a) Article 4(3) of Directive 92/81/EEC provides that 'the consumption of mineral oils within the curtilage of an establishment producing mineral oils shall not be considered a chargeable event giving rise to excise duty as long as the consumption is for the purpose of such production'. For reasons of equity, it should therefore be stipulated that the consumption of biofuels within the curtilage of an agricultural holding producing biofuels should not be regarded as a chargeable event giving rise to excise duty as long as the consumption is for the purpose of such production. Amendment 9 ARTICLE 1, POINT 3 a (new) Article 4, paragraph 3 (Directive 92/81/EEC) 3a. Article 4(3) is replaced by the following: "3. The consumption of mineral oils within the curtilage of an establishment producing mineral oils shall not be considered a chargeable event giving rise to excise duty as long as the consumption is for the purpose of such production. Similarly, the consumption of biofuels within the curtilage of agricultural holdings and agricultural trade organisations producing biofuels shall not be considered a chargeable event giving rise to excise duty as long as the consumption is for the purpose of such production. However, where such consumption is for purposes not related to that production and in particular for the propulsion of vehicles, this shall be considered a chargeable event giving rise to excise duty." Amendments 10, 11 and 12 ARTICLE 1, POINT 4 Article 8 c, paragraph 2, subparagraphs 1 and 2 (Directive 92/81/EEC) 2.  The levels of taxation applied by Member States on the products made up of or containing biofuels referred to in Article 8b may be lower than the minimum rates specified in Directive 92/82/EEC. However, the level of taxation of these products, if intended for use, offered for sale or used as motor fuel, may not be lower than 50 %of the normal rate of excise duty applied by the Member State on corresponding fuels. 2.  The levels of taxation applied by Member States on the products made up of or containing biofuels referred to in Article 8b may be lower than the minimum rates specified in Directive 92/82/EEC. Particularly low tax rates shall be set for those fuels which meet particularly stringent environmental efficiency criteria and a total tax exemption may be applied for unblended biofuels. Amendment 13 ARTICLE 1, POINT 4 Article 8 c, paragraph 3 (Directive 92/81/EEC) 3.  The Member States, which on 1 January 2001 totally exempted products solely made up of biofuels, may continue totally to exempt those products until 31 December 2003. Deleted Amendment 14 ARTICLE 1, POINT 4 Article 8 d, paragraph 1 (Directive 92/81/EEC) 1.  Products made up of or containing biofuels referred to in Article 8b, used by local public passenger transport, including taxis, and by vehicles operated under the responsibility of a public authority may qualify, under fiscal control, for an additional reduction of a value equivalent to the reduction provided for Article 8b. 1.  Products made up of or containing biofuels referred to in Article 8b, used by public passenger transport, including taxis, and by vehicles operated under the responsibility of a public authority may qualify, under fiscal control, for an additional reduction of a value equivalent to the reduction provided for Article 8b. Amendment 15 ARTICLE 1, POINT 4 Article 8 g (Directive 92/81/EEC) Member States shall communicate to the Commission the schedule of excise duty reductions applied in accordance with point IIa by 31 December 2002 and every twelve months thereafter. Member States shall communicate to the Commission and to the European Parliament the schedule of excise duty reductions applied in accordance with point IIa by 31 December 2002 and every twelve months thereafter. Amendment 16 ARTICLE 1, POINT 4 Article 8 h (Directive 92/81/EEC) No later than 31 December 2007 the Commission shall report to the Council on the fiscal, economic, agricultural, energy, industrial and environmental aspects of the reductions granted in accordance with this point IIa. Additional exemptions or reductions granted in favour of biofuels according to the procedure of Article 8(4)of Directive 92/81/EEC shall also be reviewed. The Commission shall, if necessary, put forward proposals for their abolition, amendment or extension. No later 31 December 2007 the Commission shall report to the Council and to the European Parliament on the fiscal, economic, agricultural, energy, industrial and environmental aspects of the reductions granted in accordance with this point IIa. Additional exemptions or reductions granted in favour of biofuels according to the procedure of Article 8(4) of Directive 92/81/EEC shall also be reviewed. The Commission shall, if necessary, put forward proposals for their abolition, amendment or extension. Amendment 24 ARTICLE 1, POINT 4 Article 8 h a (new) (Directive 92/81/EEC) Article 8 ha No later than 31 December 2007 the Commission shall submit a communication to the European Parliament and the Council on differentiated pricing for fuels in order to internalise their ecological, social and economic cost. The Commission shall, if necessary, bring forward proposals for this purpose. (1) OJ C 103 E, 30.4.2002, p. 217.