Commission Directive 2005/30/EC

of 22 April 2005

amending, for the purposes of their adaptation to technical progress, Directives 97/24/EC and 2002/24/EC of the European Parliament and of the Council, relating to the type-approval of two or three-wheel motor vehicles

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 97/24/EC of the European Parliament and of the Council of 17 June 1997 on certain components and characteristics of two or three-wheel motor vehicles [1], and in particular Article 7 thereof,

Having regard to Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two and three-wheel motor vehicles and repealing Council Directive 92/61/EEC [2], and in particular Article 17 thereof,

Whereas:

(1) Directive 97/24/EC is one of the separate Directives for the purposes of the EC type approval procedure laid down by Directive 2002/24/EC.

(2) Technical measures for the type-approval, as separate technical units, of replacement catalytic converters should be introduced in order to ensure an appropriate emissions performance. Measures should be introduced in order to aid enforcement in Member States through the marking of replacement catalytic converters and their packaging.

(3) The Member State type-approval code for Malta and Cyprus, in Annex V to Directive 2002/24/EC, should be updated.

(4) Directives 97/24/EC and 2002/24/EC should be amended accordingly.

(5) The measures provided for this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress,

HAS ADOPTED THIS DIRECTIVE:

Article 1

The text annexed to Directive 97/24/EC is amended in accordance with Annex I to this Directive.

Article 2

Annexes II and V to Directive 2002/24/EC are amended in accordance with Annex II to this Directive.

Article 3

1. With effect from 18 May 2006 Member States shall not, in respect of new replacement catalytic converters which are intended to be fitted on vehicles that have been type-approved in accordance with Directive 97/24/EC:

(a) refuse to grant EC type-approval pursuant to Article 4(1) of Directive 2002/24/EC;

(b) prohibit the sale or installation on a vehicle.

2. With effect from 18 May 2006, Member States shall, on grounds relating to the measures to be taken against air pollution, permissible sound level or anti-tampering measures, no longer grant EC type-approval pursuant to Article 4(1) of Directive 2002/24/EC in respect of a new replacement catalytic converter which fails to comply with Directive 97/24/EC, as amended by this Directive.

Article 4

1. Member States shall adopt and publish, by 17 May 2006 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

They shall apply those provisions from 18 May 2006.

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.

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

Article 5

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

Article 6

This Directive is addressed to the Member States.

Done at Brussels, 22 April 2005.

For the Commission

Günter Verheugen

Vice-President

[1] OJ L 226, 18.8.1997, p. 1. Directive as last amended by Directive 2003/77/EC (OJ L 211, 21.8.2003, p. 24).

[2] OJ L 124, 9.5.2002, p. 1. Directive as last amended by the 2003 Act of Accession.

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ANNEX I

AMENDMENTS TO DIRECTIVE 97/24/EC

Chapter 5 annexed to Directive 97/24/EC is amended as follows:

(a) in the "LIST OF ANNEXES" the following new references are added:

"ANNEX VII type-approval of replacement catalytic converter as separate technical unit for two or three-wheel motor vehicles …

Appendix 1 Information document in respect of a replacement catalytic converter, as separate technical unit(s), for a type of two or three-wheel motor vehicle …

Appendix 2 Type-approval certificate in respect of a replacement catalytic converter, as separate technical unit, for a type of two or three-wheel motor vehicle …

Appendix 3 Examples of type-approval mark … ";

(b) Annex I is amended as follows:

(i) The following sections 1.4, 1.5 and 1.6 are added:

"1.4. "original equipment catalytic converter" means a catalytic converter or an assembly of catalytic converters covered by the type-approval delivered for the vehicle;

1.5. "replacement catalytic converter" means a catalytic converter or an assembly of catalytic converters intended to replace an original equipment catalytic converter on a vehicle type-approved in accordance with this Chapter, which can be type approved as a separate technical unit as defined in Article 2(5) of Directive 2002/24/EC;

1.6. "original replacement catalytic converter" means a catalytic converter or an assembly of catalytic converters whose types are indicated in section 5 of Annex VI but are offered on the market as separate technical units by the holder of the vehicle type-approval.";

(ii) the following section 2.3 is added:

"2.3. Diagram and markings

2.3.1. A diagram and a cross-sectional drawing indicating the dimensions of the original equipment catalytic converter(s) (if any) must be annexed to the document referred to in Annex V.

2.3.2. All original equipment catalytic converter(s) must bear the "e" mark followed by the identification of the country which granted the type-approval. This reference must be legible and indelible and also visible (where possible) in the position at which it is to be fitted.";

(iii) the following section 5 is added:

"5. REPLACEMENT CATALYTIC CONVERTERS AND ORIGINAL REPLACEMENT CATALYTIC CONVERTERS

Replacement catalytic converters intended to be fitted to vehicles type-approved in compliance with this Chapter must be tested in accordance with Annex VII.

Original replacement catalytic converters, which are of a type covered by section 5 of Annex VI and are intended for fitment to a vehicle to which the relevant type approval document refers, do not need to comply with Annex VII provided they fulfil the requirements of sections 5.2.1 and 5.2.2 of this Annex.

5.2.1. Marking

Original replacement catalytic converters shall bear at least the following identifications:

5.2.1.1. the vehicle manufacturer's name or trade mark;

5.2.1.2. the make and identifying part number.

5.2.2. Documentation

Original replacement catalytic converters shall be accompanied by the following information:

5.2.2.1. the vehicle manufacturer's name or trade mark;

5.2.2.2. make and identifying part number;

5.2.2.3. the vehicles for which the original replacement catalytic converter is of a type covered by section 5 of Annex VI;

5.2.2.4. installation instructions, where necessary;

5.2.2.5. this information shall be provided either on a leaflet accompanying the original replacement catalytic converter, or, on the packaging in which the original replacement catalytic converter is sold, or, by any other applicable means."

(c) Annex II is amended as follows:

(i) the following sections 1.7, 1.8 and 1.9 are added:

"1.7. "original equipment catalytic converter" means a catalytic converter or an assembly of catalytic converters covered by the type-approval delivered for the vehicle;

1.8. "replacement catalytic converter" means a catalytic converter or an assembly of catalytic converters intended to replace an original equipment catalytic converter on a vehicle type-approved in accordance with this Chapter, which can be type-approved as a separate technical unit as defined in Article 2(5) of Directive 2002/24/EC;

1.9. "original replacement catalytic converter" means a catalytic converter or an assembly of catalytic converters whose types are indicated in section 5 of Annex VI but are offered on the market as separate technical units by the holder of the vehicle type approval.";

(ii) the following section 2.4 is added:

"2.4. Diagram and markings

2.4.1. A diagram and a cross-sectional drawing indicating the dimensions of the original equipment catalytic converter(s) (if any) must be annexed to the document referred to in Annex V.

2.4.2. All original equipment catalytic converter(s) must bear the "e" mark followed by the identification of the country which granted the type-approval. This reference must be legible and indelible and also visible (where possible) in the position at which it is to be fitted.";

(iii) the following section 5 is added:

"5. REPLACEMENT CATALYTIC CONVERTERS AND ORIGINAL REPLACEMENT CATALYTIC CONVERTERS

Replacement catalytic converters intended to be fitted to vehicles type-approved in compliance with this Chapter must be tested in accordance with Annex VII.

Original replacement catalytic converters, which are of a type covered by section 5 of Annex VI and are intended for fitment to a vehicle to which the relevant type approval document refers, do not need to comply with Annex VII provided they fulfil the requirements of sections 5.2.1 and 5.2.2 of this Annex.

5.2.1. Marking

Original replacement catalytic converters shall bear at least the following identifications:

5.2.1.1. the vehicle manufacturer's name or trade mark;

5.2.1.2. the make and identifying part number.

5.2.2. Documentation

Original replacement catalytic converters shall be accompanied by the following information:

5.2.2.1. the vehicle manufacturer's name or trade mark;

5.2.2.2. make and identifying part number;

5.2.2.3. the vehicles for which the original replacement catalytic converter is of a type covered by section 5 of Annex VI;

5.2.2.4. installation instructions, where necessary;

5.2.2.5. this information shall be provided either on a leaflet accompanying the original replacement catalytic converter, or, on the packaging in which the original replacement catalytic converter is sold, or, by any other applicable means.";

(d) In Annex VI the following section 4a is inserted:

"4a. Catalytic converters

4a.1. Make and type of original equipment catalytic converter as listed in item 3.2.12.2.1 of Annex V (the information document).

4a.2. Make(s) and type(s) of original replacement catalytic converter as listed in item 3.2.12.2.1 of Annex V (the information document)";

(e) the following Annex VII is added:

""

Chapter 7 annexed to Directive 97/24/EC is amended as follows:

(a) Section 1.10 is replaced by the following:

"1.10. "Exhaust system" means the combination of the exhaust pipe, the expansion box, the exhaust silencer and the catalytic converter (if any)."

(b) The following section 3.10.1.3.7a is inserted:

"3.10.1.3.7a. catalytic converter(s) (only if not integrated in the silencer)"

Chapter 9 annexed to Directive 97/24/EC is amended as follows:

(a) In the "LIST OF ANNEXES", the following Appendix reference is inserted between "Annex VI" and "Annex VII":

"Appendix Examples of type-approval mark … "

(b) In Annex II, the following section 3.5.5 is added:

"3.5.5. Evaluation of the emission of pollutants of vehicles equipped with replacement silencer system

The vehicle referred to in section 3.2.3.3, equipped with a silencer of the type for which approval is requested, shall undergo a Type I and a Type II test under the conditions described in the corresponding Annex to Chapter 5 annexed to this Directive according to the type-approval of the vehicle.

The requirements regarding emissions shall be deemed to be fulfilled if the results meet the limit values according to the type-approval of the vehicle."

(c) In Annex III, the following section 3.5.5 is added:

"3.5.5. Evaluation of the emission of pollutants of vehicles equipped with replacement silencer system

The vehicle referred to in section 3.2.3.3, equipped with a silencer of the type for which approval is requested, shall undergo a Type I and a Type II test under the conditions described in the corresponding Annex to Chapter 5 annexed to this Directive according to the type-approval of the vehicle.

The requirements regarding emissions shall be deemed to be fulfilled if the results meet the limit values according to the type-approval of the vehicle."

(d) In Annex IV, the following section 3.5.5 is added:

"3.5.5. Evaluation of the emission of pollutants of vehicles equipped with replacement silencer system

The vehicle referred to in section 3.2.3.3, equipped with a silencer of the type for which approval is requested, shall undergo a Type I and a Type II test under the conditions described in the corresponding Annex to Chapter 5 annexed to this Directive according to the type-approval of the vehicle.

The requirements regarding emissions shall be deemed to be fulfilled if the results meet the limit values according to the type-approval of the vehicle."

(e) Annex VI is amended as follows:

(i) Section 1.3 is replaced by the following:

"1.3. the type-approval mark composed and affixed in accordance with the requirements of Article 8 of Directive 2002/24/EC, supplemented by further information referred to in section 6 of this Annex. The dimensions of "a" must be ≥ 3 mm."

(ii) The following section 6 is added:

"6. FURTHER INFORMATION CONTAINED IN THE TYPE-APPROVAL MARK

The non-original exhaust system or components thereof, but not the mounting parts and pipes, must bear in the type-approval mark the number of the Chapter(s) under which the type-approval has been granted, except as referred to in section 6.1.3.

6.1.1. Non-original exhaust system which consists of a sole part integrating both the silencer and the catalytic converter

The type-approval mark referred to in section 1.3 must be followed by two circles surrounding a number 5 and a number 9, respectively.

6.1.2. Non-original exhaust system separated from the catalytic converter

The type-approval mark referred to in section 1.3 affixed to the silencer must be followed by a circle surrounding a number 9.

6.1.3. Non-original exhaust system consisting of a sole part (silencer) for vehicles which are not type-approved according to the Chapter 5

The type-approval mark referred to in 1.3 affixed to the silencer must not be followed by any further information.

Examples of type-approval marks are shown in the Appendix."

(iii) The following Appendix is added:

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ANNEX II

AMENDMENTS TO DIRECTIVE 2002/24/EC

Directive 2002/24/EC is amended as follows:

(a) in Annex II, section 3.2.12 is replaced by the following:

"3.2.12. Measures taken against air pollution

Device for recycling crankcase gases, solely in the case of four-stroke engines (description and drawings):

Additional anti-pollution devices (if any, and if not covered by another heading):

Catalytic converter: yes/no [1]

Number of catalytic converters and elements:

Dimensions, shape and volume of the catalytic converter(s):

Type of catalytic action:

Total charge of precious metal:

Relative concentration:

Substrate (structure and material):

Cell density:

Type of casing for the catalytic converter(s):

Location of the catalytic converter(s) (place and reference distance in the exhaust line):

Oxygen sensor: yes/no [1]

Type:

Location:

Control range:

Air injection: yes/no [1]

Type (pulse air, air pump etc.):

Exhaust gas recirculation: yes/no [1]

Characteristics (flow rate etc.):

Other systems (description and operation):

(b) Annex V is amended as follows:

(i) in the list in section 1 of point 1 under the heading A, the text "CY for Cyprus" and "MT for Malta" is replaced by: "49 for Cyprus" and "50 for Malta".

(ii) in the list in point 1.1 under the heading B, the text "CY for Cyprus" and "MT for Malta" is replaced by "49 for Cyprus" and "50 for Malta".

[1] Delete as appropriate."

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