Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive...

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Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive...

I (Acts whose publication is obligatory) DIRECTIVE 2005/55/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (Text with EEA relevance) 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,

Having regard to the opinion of the European Economic and Social Committee (1 ),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2 ),

Whereas:

(1) Council Directive 88/77/EEC of 3 December 1987 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (3 ) is one of the separate Directives under the type-approval procedure laid down by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the typeapproval of motor vehicles and their trailers (4 ). Directive 88/77/EEC has been substantially amended several times to introduce successively more stringent pollutant emission limits. Since further amendments are to be made, it should be recast in the interests of clarity.

(2) Council Directive 91/542/EEC (5 ) amending Directive 88/77/EEC, Directive 1999/96/EC of the European Parliament and of the Council of 13 December 1999 on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Council Directive 88/77/EEC (6 ), and Commission Directive 2001/27/EC (7 ) adapting to technical progress Council Directive 88/77/EEC have introduced provisions which, while being autonomous, are closely linked to the scheme established under Directive 88/77/EEC. Those autonomous provisions should be fully integrated into the recast of Directive 88/77/EEC in the interests of clarity and legal certainty.

(3) It is necessary that all the Member States adopt the same requirements, in order, in particular, to permit the implementation, for each vehicle type, of the EC typeapproval system which is the subject of Directive 70/156/EEC.

(4) The Commission's programme on air quality, road transport emissions, fuels and emission abatement technologies, hereinafter `the first Auto-Oil programme', showed that further reductions in pollutant emissions from heavy-duty vehicles were necessary with a view to achieving future air quality standards.

(1 ) OJ C 108, 30.4.2004, p. 32.

(2 ) Opinion of the European Parliament of 9 March 2004 (OJ C 102 E, 28.4.2004, p. 272) and Council Decision of 19

September 2005.

(3 ) OJ L 36, 9.2.1988, p. 33. Directive as last amended by the 2003

Act of Accession.

(4 ) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission Directive 2005/49/EC (OJ L 194, 26.7.2005, p. 12).

(5 ) OJ L 295, 25.10.1991, p. 1.

(6 ) OJ L 44, 16.2.2000, p. 1.

(7 ) OJ L 107, 18.4.2001, p. 10.

20.10.2005 Official Journal of the European Union L 275/1EN

(5) Reductions in emission limits applicable from the year 2000, corresponding to abatements of 30 % in emissions of carbon monoxide, total hydrocarbons, oxides of nitrogen and particulate matter were identified by the first Auto-Oil programme as key measures for the achievement of medium-term air quality. A reduction of 30 % in exhaust smoke opacity should additionally contribute to the reduction of particulate matter.

Additional reductions in emission limits applicable from the year 2005, corresponding to additional abatements of 30 % in carbon monoxide, total hydrocarbons and oxides of nitrogen and 80 % in particulate matter should greatly contribute to air quality improvement in the medium to longer term. The additional limit for oxides of nitrogen applicable in the year 2008 should result in a further 43 % reduction in the emission limit for this pollutant.

(6) Type-approval tests for gaseous and particulate pollutants and smoke opacity are applicable to allow for a more representative evaluation of the emissions performance of engines under test conditions that more closely resemble those encountered by vehicles in-service. Since 2000 conventional compression-ignition engines and those ...

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