11 Amendments of Evžen TOŠENOVSKÝ related to 2019/0101(COD)
Amendment 13 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to contribute to the achievement of the Union’s air quality objectives and to reduce vehicle emissions, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFUE) should be delegated to the Commission in respect of the detailed rules on the specific procedures, tests and requirements for type approval. That delegation should include supplementing Regulation (EC) No 715/2007 by such revised rules as well as the test cycles used to measure emissions; the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems; the adoption of a revised measurement procedure for particulates. Notwithstanding the short gap between the entry into force of this Regulation and the repeal of the provisions regarding repair and maintenance information (RMI) by Regulation (EU) 2018/858, for the purposes of legal certainty and to ensure all options are available to the legislator, the delegation should also include the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information; the adoption of a revised measurement procedure for particulates. The delegation should further include amending Regulation (EC) No 715/2007 for the purposes of revising the final conformity factors downwards to reflect technical progress in PEMS and recalibrating the particulate mass based limit values and introducing particle number based limit values. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations are conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 16 #
Proposal for a regulation
Recital 6
Recital 6
(6) Regulation (EU) 2016/646219 introduced the dates of application of the RDE test procedure, as well as the compliance criteria for RDE. For that purpose, pollutant-specific conformity factors were introduced, and separate error margins were used to take account of statistical and technical uncertainties of the measurements conducted by means of Portable Emission Measurement Systems (PEMS). _________________ 21 Commission Regulation (EU) 2016/646 of 20 April 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6) (OJ L 109, 26.04.2016, p.1).
Amendment 19 #
Proposal for a regulation
Recital 7
Recital 7
(7) On 13 December 2018, the General Court delivered judgment in Joined Cases T-339/16, T-352/16 and T-391/162210 concerning an action for annulment of Regulation (EU) 2016/646. The General Court annulled the part of Regulation (EU) 2016/646 which established the conformity factors and error margins used to assess compliance of RDE test results with the emission limits laid down in Regulation (EC) No 715/2007. The Court found that only the legislator could introduce those conformity factors and error margins as they touched upon an essential element of Regulation (EC) No 715/2007. _________________ 22Judgment of 13 December 2018, Ville de Paris, Ville de Bruxelles and Ayuntamiento de Madrid v Commission, T-339/16, T- 352/16 and T-391/16, EU:T:2018:927.
Amendment 23 #
Proposal for a regulation
Recital 8
Recital 8
(8) The General Court did not question the technical justification of the conformity factors and error margins. Therefore, and given that at the current stage of technological development there is still a discrepancy between emissions measured in real driving and those measured in a laboratory, it is appropriate to introduce the same conformity factors and error margins into Regulation (EC) No 715/2007.
Amendment 31 #
Proposal for a regulation
Recital 9
Recital 9
(9) In order to allow manufacturers to comply with the Euro 6 emission limits in the context of RDE test procedure, the compliance criteria for RDE should be introduced in two steps. During the first step, upon the request of the manufacturer, a temporary conformity factor should apply, while as a second step only the final conformity factor should be used. The Commission should keep under review the final conformity factorserror margin in light of technical progress.
Amendment 35 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) It is necessary that the Commission take into account any standards adopted by the European Committee for Standardization (CEN) for a standard procedure to assess RDE measurement uncertainty with regard to gaseous and particle emissions.
Amendment 48 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 715/2007
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Those obligations include meetingcomplying with the emission limits set out in Annex I. For the purposes of determining compliance with the Euro 6 emission limits set out in Table 2 of Annex I, the emission values determined during any valid Real Driving Emissions (RDE) test shall be divided by the applicable conformity factor or, where specified, by the sum of the applicable conformity factor and error margin set out in Table 2a of Annex I. The result shall remain belowcomply with the Euro 6 emission limits set out in Table 2 of that Annex.;
Amendment 56 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 715/2007
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. The Commission is empowered to adopt delegated acts in accordance with Article 14a in order to adopt the following measures based on the results of the UNECE Particulate Measurement Programme, conducted under the auspices of the World Forum for Harmonisation of Vehicle Regulations, without lowering the level of environmental protection within the Union:
Amendment 67 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 715/2007
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
(b) amending this Regulation in order to adapt to technical progress the pollutant- specific final conformity factmargin of errors set out in Table 2a to Annex I.;
Amendment 69 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10 a (new)
Article 1 – paragraph 1 – point 10 a (new)
Regulation (EC) No 715/2007
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
(10a) In Article 14, the following paragraph is added: 5a. The Commission shall take into account any standards adopted by the European Committee for Standardization (CEN) which provide a technically sound approach to assess RDE measurement uncertainty with regard to gaseous and particle emissions, with the aim of requiring the use of such a standard under this Regulation in order for an appropriate authority to verify a specific margin of uncertainty for PEMS applications and to consider if that is sufficient to replace the specific margins of error indicated in Table 2a in Annex I to this Regulation or to complement it.
Amendment 75 #
Proposal for a regulation
Annex – paragraph 1
Annex – paragraph 1
Regulation (EC) No 715/2007
Annex I – table 2a
Annex I – table 2a
Table 2a: Real Driving Emissions Conformity Factors Oxides of Number of Carbon Total Combined nitrogen (NOx) particles (PN) monoxide hydrocarbons hydrocarbons (CO)(1) (THC) and oxides of nitrogen (THC + NOx) CFpollutant-final (2) 1.43 1.5 CF pollutant-temp 2.1 1.5 (3)1 + margin, wit 1 + margin, wit h margin = h margin = 0,43 (3a) 0,5 (3a) CF pollutant-temp 2,1 1 + margin, wit (3) h margin = 0,5 (1) CO emissions shall be measured and recorded for all RDE tests. (2) CF pollutant-final is the conformity is the conformity factor used to determine compliance with the Euro 6 emission limits by taking into accountexpressed as the sum of the target for vehicle emissions performance and the technical uncertainties linked with the use of the Portable Emission Measurement Systems (PEMS)., i.e. margin (of error). (3)CF pollutant-temp is the temporary conformity factor that may be used upon request of the manufacturer as an alternative to CFpollutant-final during a period of 5 years and 4 months following the dates specified in Article 10(4) and (5) (3a)The Commission shall take into account any standards adopted by the European Committee for Standardization (CEN) which provide a technically sound approach to assess RDE measurement uncertainty with regard to gaseous and particle emissions, with the aim of requiring the use of such as standard within this Regulation in order for an appropriate authority to verify a specific margin of uncertainty for PEMS applications and to consider if that is sufficient to replace the specific margins of error indicated in Table 2a in Annex I to this Regulation or to complement it.” .