Council Directive 74/290/EEC of 28 May 1974 adapting to technical progress Council Directive No 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from positive-ignition engines of motor vehicles

• Published date: 15 June 1974
• Subject Matter: Environment,Internal market - Principles,Approximation of laws,Technical barriers
• Official Gazette Publication: Official Journal of the European Communities, L 159, 15 June 1974,Journal officiel des Communautés européennes, L 159, 15 juin 1974,Gazzetta ufficiale delle Comunità europee, L 159, 15 giugno 1974

|

Council Directive 74/290/EEC of 28 May 1974 adapting to technical progress Council Directive No 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from positive-ignition engines of motor vehicles

Official Journal L 159 , 15/06/1974 P. 0061 - 0069
Finnish special edition: Chapter 13 Volume 4 P. 0003
Greek special edition: Chapter 13 Volume 2 P. 0238
Swedish special edition: Chapter 13 Volume 4 P. 0003
Spanish special edition: Chapter 13 Volume 3 P. 0221
Portuguese special edition Chapter 13 Volume 3 P. 0221

COUNCIL DIRECTIVE of 28 May 1974 adapting to technical progress Council Directive No 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from positive-ignition engines of motor vehicles (74/290/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community;

Having regard to the proposal from the Commission;

Having regard to Council Directive No 70/156/EEC (1) of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers, as amended by the Act of Accession (2) and in particular Articles 11, 12 and 13 thereof;

Having regard to Council Directive No 70/220/EEC (3) of 20 March 1970 on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from positive-ignition engines of motor vehicles as amended by the Act of Accession, and in particular Article 5 thereof;

Whereas the protection of the public against increasing atmospheric pollution, particularly in towns, necessitates active measures for reducing the amount of gaseous pollutants emitted from positive-ignition engines designed to propel vehicles ; whereas such a reduction in the admissible level of emission is made possible by the progress which has been made in the construction of such engines;

Whereas, in future, such engines must be fitted with carburettors which will permit the specified levels of emission to be complied with while the engines idle in all settings of the controls at the disposal of the user;

Whereas the application of the present provisions of Directive No 70/220/EEC has shown that these provisions require amendment in order to facilitate performance of the present tests by the competent authorities;

Whereas certain amendments are also required to simplify the administrative procedure for the type-approval of a motor vehicle as regards the emission of pollutants, in order in particular to allow the extension of type-approval to include vehicle types which, in weight and/or gear ratios, differ from the originally approved type;

Whereas, on 10 October 1973, the Commission submitted a proposed amendment to the Committee on the Adaption to Technical Progress of the Directives on the Removal of Technical Barriers to Trade in the Motor Vehicle Sector for its Opinion; (1)OJ No L 42, 23.2.1970, p. 1. (2)OJ No L 73, 27.3.1972, p. 14. (3)OJ No L 76, 6.4.1970, p. 1.

whereas that Opinion was not favourable and the Commission, in accordance with the procedure laid down in Article 13 (3) (b) of Directive No 70/156/EEC proposed to the Council measures to be adopted,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annexes I to V to Directive No 70/220/EEC are hereby amended in accordance with the Annex to the present Directive.

Article 2

1. From 1 January 1975, the Member States shall neither, on grounds relating to air pollution by gases from an engine: - refuse to grant EEC type-approval, or to issue the documents referred to in the second indent of Article 10 (1) of Directive No 70/156/EEC, or to grant national type-approval of a type of motor vehicle;

- nor prohibit the entry into service of such vehicles;

where the level of gaseous pollutants emitted from this type of motor vehicle or from such vehicles meets the requirements of Directive No 70/220/EEC, as amended by the present Directive.

2. From 1 October 1975, Member States: - shall no longer issue the document provided for in the second indent of Article 10 (1) of Directive No 70/156/EEC in respect of a type of motor vehicle which emits gaseous pollutants at levels which do not meet the requirements of Directive No 70/220/EEC, as amended by this Directive as regards Annex I (with the exception of item 3.2.1.2.2), Annex II, Annex IV item 1.2, and Annex V;

- may refuse national type-approval of a type of motor vehicle which emits gaseous pollutants at levels which do not meet the...