Select Committee on European Scrutiny Third Report


10 Control of emissions from heavy-duty diesel and gas engines

(24963)

13664/03

COM(03) 522

Draft Directive 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.


Legal baseArticle 95 EC; co-decision; QMV
Document originated5 September 2003
Deposited in Parliament22 October 2003
DepartmentTransport
Basis of considerationEM of 3 November 2003 and SEM of 5 December 2003
Previous Committee ReportNone
To be discussed in CouncilShortly
Committee's assessmentPolitically important
Committee's decisionCleared

Background

10.1 Directive 1999/96/EC[19] introduced three new stages of successively tighter limits for emissions of carbon monoxide, hydrocarbons, oxides of nitrogen and particulates from heavy duty diesel and gas engines. These take effect from 2000, 2005 and 2008 as regards approval for new engine types, and from 2001, 2006 and 2009 for all new heavy-duty vehicles entering service. In this document, the Commission has — as foreseen in Directive 1999/96 — put forward the further measures needed in order to apply in 2005 and 2006 the second stage envisaged in that Directive.

The current proposal

10.2 The proposals cover three main areas, as follows:

DURABILITY REQUIREMENTS

  • The emission standards in Directive 1999/96/EC are likely to require for the first time the use of exhaust after-treatment technology on heavy vehicles, and the Commission says that, as is already the case with light-duty vehicles, it is appropriate to introduce measures to establish that the equipment is designed and constructed so as to be able to maintain the control of emissions for a reasonable period. More specifically, it is proposed to introduce distance-time requirements relevant to the useful life of the vehicle, namely 100,000 kilometres or five years for category N1 goods vehicles (up to 3.5 tonnes); 200,000 kilometres or 6 years for category N2 goods vehicles (up to 12 tonnes) and M2 passenger vehicles (up to 5 tonnes and with more than 9 seats); and 500,000 kilometres or 7 years for N3 goods vehicles (over 12 tonnes) and M3 passenger vehicles (over 5 tonnes and with more than 9 seats).

IN-SERVICE CONFORMITY REQUIREMENTS

  • Although procedures were introduced in 2001 for checking that light-duty vehicles continue to deliver good emission performance "in-service", similar requirements have not so far been developed for heavy-duty engines or vehicles. However, the Commission now intends to develop such requirements, under which manufacturers of heavy duty vehicles would compile data concerning the emission behaviour of their products in-use, which would then be audited by the authority responsible for type-approval. The actual distance-time requirements for in-service compliance would be the same as the durability requirements set out above.

ON-BOARD DIAGNOSTIC SYSTEMS

  • The proposal would require heavy vehicles to incorporate a system of on-board diagnostics, similar to those introduced in 2000 for light vehicles, to monitor degradation or failure of the emissions control equipment, and provide an early warning to the driver of any fault (thus permitting the earliest repair and return to effective emission control). This requirement would be backed up by fault codes which identify the principal failure, and by unrestricted access to those codes so as to aid effective repair. However, because the technology used in heavy vehicles is in an early state of development, the Commission has proposed a two-stage approach. Thus, as from 2005, the on-board diagnostic system would be required to monitor the functioning of the engine against fixed threshold limits, and any downstream after-treatment system emissions of the engine, whilst, as from 2008, it is anticipated that technical development will permit wider monitoring of the engine performance and associated after-treatment systems, as well as the effect of other vehicle systems which may influence the emission control system. However, this second stage will be subject to a review of technical developments.

10.3 The proposal would consolidate the technical annexes to the existing Directives dealing with emissions from heavy-duty vehicles, and repeal those measures.[20] It would also recast and update a number of the detailed provisions in those Directives, and it would for the first time adopt a "split-level approach" to vehicle type-approval, whereby the more detailed technical measures laying down procedures for compliance with the requirements on durability, in-service performance and on-board diagnostic systems would be adopted, not by the Council, but by the Commission.

The Government's view

10.4 In his Explanatory Memorandum of 3 November 2003, the Parliamentary Under-Secretary of State at the Department of Transport (Mr David Jamieson) said that, although the detailed implications of the proposal would be assessed fully by the Government in a subsequent Regulatory Impact Assessment, much of its substance had already been anticipated by the industry. In the meantime, he drew attention to the Commission's own Impact Assessment, which (though only provisional, pending the adoption of supplementary regulations) suggested that:

  • Since manufacturers already need to ensure that their engines meet similar durability requirements in the United States, there are unlikely to be any additional developmental costs associated with the proposal. To the extent that there would be additional costs of compliance testing necessary for type-approval, these would be about €10,500 for an engine family,[21] which the Commission describes as "negligible" on a per engine basis.
  • Since an in-service conformity audit should be normal practice, this aspect of the proposal should not give rise to additional costs, but there could be small costs (again put at around €10,000 per vehicle family) arising from any follow-up testing required by the type-approval authority.
  • The cost of adapting existing manufacturer-specific systems for the first stage of the provisions for on-board diagnostic systems is not expected to be "extensive" on a per vehicle basis, and those costs associated with development and testing, though difficult to estimate, would probably be around €10 per vehicle. The Commission adds that the costs for the second phase are more difficult to assess at this stage, but, on the basis of implementing on-board diagnostics for light vehicles, they are likely to be of the order of €6,500 per engine family.

Supplementary Explanatory Memorandum of 5 December 2003

10.5 The Minister has now provided the promised Regulatory Impact Assessment under cover of his supplementary Explanatory Memorandum of 5 December 2003. This points out that the proposals form a further element in the reduction of air pollution from transport, given that heavy-duty vehicles account for nearly half of the particulate and nitrogen oxide emissions from UK road transport (which have adverse effects on the respiratory and cardiovascular systems). It adds that they will in addition provide a platform for the development of more sophisticated on-board diagnostic systems, which could in turn provide significant air quality benefits in the future, and that they will also help to maintain the single Community-wide market in heavy vehicles.

10.6 The Assessment points out that any additional costs arising from the proposal would be borne directly by engine manufacturers, as well as by manufacturers and suppliers of after-treatment devices and systems and vehicle electronic systems, and that manufacturers and owners of heavy duty vehicles would also be indirectly affected. It says that more information is being sought from the UK industry on the Commission's estimates of the implications of the provisions on durability requirements, but that, on the basis of experience in the United States, the developmental cost to individual manufacturers of developing on-board diagnostic systems to a common Community standard might be about £1.3 million, amortised over three years, for each engine type, with the unit costs per engine perhaps varying between £94 and £422, depending on the size of engine and production volume. In addition, there would be the cost of providing the hardware and software needed by each unit.

Conclusion

10.7 Any assessment of the implications of this proposal for a draft Directive is complicated by the fact that the costs could be affected by the detailed legislative measures which the Commission itself will need to adopt under its own powers (but which we understand it has yet to put forward). However, it would appear that any such measures are unlikely to alter materially the relatively modest figures outlined in paragraphs 10.4 and 10.6 above, and that the UK industry has to a large degree already anticipated these. We are therefore clearing the proposal.



19   OJ No. L.44, 16.2.00, p.1. Back

20   Council Directives 88/77/EEC, 91/542/EEC, 96/1/EC, 1999/96/EC and Commission Directive 2001/27/EC. Back

21   A group of engines with a similar technical specification and size. Back


 
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