Cr2696005enc 001

,
European Community environment legislation
Volume 5 Noise
European Commission Directorate-General XI Environment, Nuclear Safety and Civil Protection
Cataloguing data can be found at the end of this publication
Luxembourg: Office for Official Publications of the European Communities, 1996 ISBN 92-827-6871-6 (Volume 5) ISBN 92-827-6828-7 (Volumes 1-7) ECSC-EC-EAEC, Brussels Luxembourg, 1996 Reproduction is authorized, except for commercial purposes, provided the source is acknowledged Printed in Belgium
Information for the reader
This edition of European Community environment legislation was compiled on the basis of the official texts in force most of which were published in the Official Journal of the European Communities between 1 October 1991 and 30 June 1994. A number of previous texts, omitted in the preceding edition, have been included in the present edition and are published in German, English, Danish, Spanish, French, Greek, Italian, Dutch and Portuguese. The laws are presented in chronological order of adoption. If applicable, the principal legislation is directly followed by the amending legislation. Occasionally, technical Annexes have been deleted for reasons of their length and the highly technical information provided for specialists who have access to these texts in other publications. These deletions are indicated at the end of each act concerned. The EEC Treaty establishes different requirements for each type of Community legislation to become effective: Regulations take effect on the date specified in them or, failing this, on the twentieth day following their publication in the Official Journal of the European Communities; Directives and decisions must be notified to those they are addressed to and take effect upon their notification. Directives often give a deadline by which the Member State must have implemented them; International treaties take effect when they have been ratified by a certain number of States. Every effort has been taken to assure the completeness and accuracy of the legislation presented herein. Neither the editor nor the institutions of the EC will assume any liability for its usage.
Table of contents
Preface Introduction Introduction concerning Noise Summaries of the legislation Legislation concerning Noise
i iii xxvii xxxiii 1
Council Directive 92/14/EEC, of 2 March 1992, on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988) 2 Council Directive 92/97/EEC, of 10 November 1992, amending Directive 70/157/EEC on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles, 12 Decision 94/1/EC, ECSC of the Council and the Commission, of 13 December 1993, on the conclusion of the agreement on the European Economic Area between the European Communities, their Member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation 66
Preface
Legislation has long been the main pillar of the European Union's environment policy. As long ago as 1973, when environmental action first got under way, the Commission adopted a large number of measures aimed at protecting the environment and combating pollution. More often than not these were directives setting limits for emissions and standards for environmental quality, and requiring governments to help implement plans, projects and programmes for safeguarding the environment and for regulating industrial activities and products. Environmental legislation gathered pace during thcl980s: the completion of the Single Market meant that environmental rules and standards had to be harmonised to allow goods and services to move freely between the Member States. At the same time, the general approach to environmental problems was changing and the Community introduced new instruments to modernise its action. The Treaty as amended in 1987, and the 1992 Maastricht Treaty, proclaimed the integration of environmental protection into the Community's other policies. Also in 1992, the 5th Action Programme entitled 'Towards Sustainability' was adopted. It provides for the implementation of fiscal, economic and financial instruments and opens up channels of information, communication, education and consultation. Today, more than ever, the Community needs dialogue, cooperation and partnership with national, regional and local authorities, with social and economic agents, associations and citizens, so that everyone can be involved in safeguarding our environment and natural resources. Nevertheless, legislation remains an important instrument. In several of the spheres in which the European Union is competent, by virtue of the principle of subsidiarity, environmental assessment leads .to the introduction of new legislation as does the carrying out of international obligations.
Preface So it is still very useful to publish these volumes of Community legislation on the environment. The first edition was in 1993, and this second edition is the first update. As before, it is being published in all the official languages of the European Union, for use by the growing number of individuals responsible for environmental issues within governments, industry, educational establishments and private organisations. It is hoped that these volumes will provide a useful tool for all those wishing to be involved in the vital task of protecting the environment, safeguarding natural resources and promoting sustainable development. Ritt Bjerregaard, Member of the Commission
II
General introduction
Environment protection in the framework of the Community law

In accordance with the original intentions of the founders, the European Com munity has developed into a supranational government which as it approaches its 40th year is in the process of increasing its membership, thus deepening its democratic structure and strengthening its powers. Six European states (Belgium, France, Italy, Luxembourg, the Netherlands and the Federal Republic of Germany) determined to lay the foundations of an ever closer union among the peoples' of Europe joined together on 1 January 1958 to create the European Economic Community 2 . Denmark, the United Kingdom and Ireland joined in 1973, Greece in 1981, and Spain and Portugal in 1985. Finally, in 1995, Austria, Finland and Sweden brought EC Membership to fifteen countries. Today, the list of countries which have declared their intention to seek membership in the European Community would include most of Europe, especially the Central European States which sec close tics to the community as a crucial source of economic growth and democratic stability. Where early post-war proposals for European union failed, Jean Monnet and French Foreign Minister Robert Schuman's pragmatic approach succeeded. 'A united Europe will not emerge overnight or in one grand design. It will be built on practical achievements, creating first a de facto interdependence.' Schuman declared.
Preamble to the Treaty establishing the European Economic Community, Treaties estab lishing the European Communities, Office for Official Publications of the European Communities (Luxembourg : 1987), 217. References in the text to the Treaty mean the EEC Treaty. The EEC Treaty together with the 1951 Treaty establishing the European Coal and Steel Community and the 1957 Treaty establishing the European Atomic Energy Community make up the Constitution of the European Community. The European Parliament resolved to use the term 'European Community' in 1975 to refer to the supranational political entity created by the founding Treaties. This term is increasingly used in Community documents, e.g. in Article 130r which refers to 'action by the Community relating to the environment'. However, while it is an appropriate des ignation for the political entity, it occasionally comes into conflict with legal texts under the Treaties, each of which established a separate 'Community', and in formal references to the Community institutions. For example, the formal title of the Commission is : 'Commission of the European Communities', meaning that it is the sole executive authority for the three founding Treaties.
General introduction From the outset, the Member States delegated powers to the Community to legislate, implement and enforce the Community's legislation that went beyond the powers of any other international organisation. The EC is characterised by a number of features which make it unique: 1) 2) 3) legislative, executive and judicial organs of government; a transfer of powers from the Member States to the Community by virtue of treaties; supremacy of Community law over national law, which is subject to exclusive review by the Community's Court of Justice.
Two milestones on the road to a united Europe were the agreement in 1967 to merge the separate organs of government of the three founding treaties which together provide the Community's constitutional framework, and the 1976 Act introducing the direct election of the members of the European Parliament1Another major step forward came on 1 July 1987 when the Single European Act amending the Treaties came into effect2- The Single European Act reiterates the objective of economic and monetary union formally declared by the Heads of State at the 1972 Paris Summit, amends and completes the Founding Treaties and contains provisions which codify principles of political cooperation, in particular the endeavour 'to jointly formulate and implement a European foreign policy' 3 . These amendments introduced the aim of achieving an internal market without national frontiers before 31 December 1992. They also introduced for the first time two explicit references to the Community's powers concerning environmental protection: Article 100a stipulates the criteria for environmental protection legislation affecting the internal market and allows legislation to be adopted by qualified majority in the Council. Articles 130r, 130s and 130t lay down the objectives, means and procedures for the adoption of legislation regarding the environment, specifying, however, that these decisions must be taken unanimously. The Treaty of the European Union, which was signed by the Heads of State and Government of the European Community Member States in Maastricht on 7 February 1992 and which must be ratified by the Member States in 1992, extended the application of the cooperation procedure to environmental legislation generally under Articles 130s. Unanimity is still required in three areas:
Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to Council Decision 76/787/ECSC, EEC, EURATOM (OJ L 278,8.10.1976). Single European Act (OJ L 169, 29.6.1987, p. 1). Article 30(1).
IV
provisions primarily of a fiscal nature; measures concerning town and country planning, land use with the exception of waste management, measures of a general nature and the management of water resources; and measures significantly affecting a Member State's choice between different energy sources and the general structure of its energy supply.
The EC's powers regarding the environment

The European Community is an institution with limited powers delegated to it through the Treaties defining both the areas of the Community's exclusive power and the areas where the Community and the Member States jointly decide. Other areas are by definition the competence of the Member States. The environment is one of the areas in which competence is shared and the area of external relations is another. Member States are thus free to adopt legislation in the absence of Community legislation, but where the Community has acted, Community legislation is supreme and binding on both past and future Member State actions. The European Community can and does actively participate in the preparation of international conventions on the environment and in their implementation. In addition, the Court of Justice has upheld the direct effect of international agreements to which the Community is a part1 Community regulations, decisions and directives must be enforced in national courts if the obligation at issue is expressed in a sufficiently precise and unconditional manner.
Types of Community
legislation
The European Community can adopt: Non-binding recommendations and resolutions; Regulations that are binding and directly applicable in all Member States; Decisions that are directly binding on the persons to whom they are addressed, including Member States, individuals and legal persons. Directives which must be implemented by the national laws or regulations of the Member States within a designated time limit (normally 18 months to two years).
Case 87/75 Bresciani, [1976] ECR 129.
General introduction For more than 20 years, the Directive was the main tool of the Community's environmental policy. The Community defines objectives, standards and procedures allowing the Member States some flexibility in integrating them into their national systems of administration and law. Thus, where one Member Slate may choose to enact a new law virtually reproducing the text of the Directive, another Member State which already has legislation in the sector covered by the Directive may choose to implement it by amending the previous law or by means of administrative regulations. Because it sometimes takes years to fully implement directives and Member States may differ concerning the transformation of the directives into national law, the Community has recently turned to the adoption of regulations because of their taking effect more rapidly and applying directly throughout the Community.
The EEC Treaty establishes different requirements for the entry into force of each type of Community legislation:
Regulations must take effect on the date specified in them or, failing that, on the twentieth day following their publication in the Official Journal of the European Communities. Directives and decisions must be notified to those they are addressed to and take effect upon their notification. The notification dates are indicated in the footnotes. Directives often give a deadline by which the Member State must have implemented them. International treaties take effect when they have been ratified by a certain number of countries. The dates on which these treaties took effect in the Community are indicated in the footnotes.
The institutions
of the European
Community
The main institutions of the EC include: the directly elected European Parliament; the Council of Ministers which has the fundamental power to adopt legislation; the Commission of the European Communities which has the sole power to propose legislation and which also implements and enforces it; and the Court of Justice which assures that Community law and the treaties are respected.
VI
General introduction The Commission

The European Commission is the executive organ of the European Community. It consists of 20 Commissioners proposed by the Member States and serving a collective 5-ycar term of office. It employs about 15,000 civil servants. All must swear allegiance to the European Community and declare that they are free from influence by their national governments. Only the Commission has the power to propose legislation. Before doing so, it generally consults with experts from the Member States, from industry and from the groups concerned. Its proposals arc published in the Official Journal of the European Communities. Moreover, the Commission is also responsible for implementing, monitoring and controlling the enforcement of Community law and policy. In this respect, it may well bring a Member State before the Court of Justice for not complying with Community law. Finally, it administers the Community budget. In certain specific cases, the Council can in addition authorise the Commission to adopt complementary legal texts to assure the Community legislation's implementation. This power is generally used to amend the technical Annexes to the original legislation. The Member States participate in the process through one of a scries of procedures laid down in Council Decision 87/373/EEC1 The Commission consists of 23 Directorates-general, a legal service and a general secretariat. Directorate-General XI (DG-X1) is responsible for environment, nuclear safety and civil protection. Worker protection, industrial technical regulation, regional development and aid to third countries are the responsibility of other DGs. Support for the DGs is provided by a number of other specialised services of the Commission. The role of the Commission in the law-making process regarding the environment has become increasingly important over the years. Member States must notify the Commission before adopting any legislation that could possibly affect the common market, including most of the environmental legislation aimed at industry and which gives the Community the possibility to adopt Community-wide measures2 When the environment is concerned, it is increasingly common for a Member State to take the lead and for other Member States to turn to the Commission to work out a proposal to harmonise the environmental standards within this sector in all Member States rather than adopting their own national policy.
1
Council Decision 87/373/EEC of 13 July 1987 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ L 197, 18.7.1987, p. 33).
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General introduction The Commission also plays an increasing important role in international environmental policy-making. For example, it participates in the work of the Organisation for Economic Cooperation and Development (OECD) and regularly receives mandates from the Council for the negotiation of international treaties on the environment. The European Environmental Agency and its environmental information and observation network were established by the Council to provide the Community, the Member States and other European countries with reliable and comparable information to enable them to take the necessary measures to protect the quality of the environment. The Commission also manages the budget allocated by the Community for aid to Central and Eastern Europe (PHARE) and has been given the task of coordinating all of the aid programmes of the G-24 (OECD) countries. Once legislation has been adopted, the Commission's fundamental task is to ensure that it is correctly applied by the Member States, formally as well as in practice. Environmental legislation often provides the Commission with responsibilities that go beyond its duty to monitor and control, for example the development and management of an information system, the defining of guidelines, the organization of technical training, etc. The Commission also convenes regular meetings in Brussels of the national authorities responsible for the implementation of environmental legislation in order to discuss practical problems arising during the implementation of the legislation, needs ofinformation and education or the amendment or adaptation of the legislation to scientific and technical developments..
Council Directive 83/189/EEC of 28 March 1983, laying down a procedure for the provision ofinformation in the field of technical standards and regulations (standstill) (OJ L 109,26.4.1983, p. 8). This Directive stipulates that Member States should notify the Commission well in advance about the adoption of measures liable to affect the Community's or the Member States' policy or the workings of the internal market so as to enable the Commission to propose a harmonised legislation dealing with the subject in question. The Directive 83/189/EEC includes a procedure for Member states to follow in case of creating national standards or technical regulations liable to affect the Common Market by creating non-tariff trade barriers. A large number of national environmental measures is included in this Directive for they impose regulations or define standards applicable to either the process of industrial production or the products, implying a direct or indirect impact on industry and trade.
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General introduction The Council

The Council is the main legislative organ of the Community and represents the interests of the Member States. It is composed of one representative from each of the governments of the Member States, generally at ministerial level. The foreign affairs minister usually represents the Member State on general matters. The 'Environmental Council' is composed of the ministers respon sible for the environment. The presidency of the Council passes from one Member State to another every six months according to an order defined unan imously by the Council. The Member States maintain a permanent representa tion in Brussels. The Council is assisted by a standing Committee of Permanent Representations (COREPER) who carry out the day-to-day political work preceding agree ments and a Committee of the Regions for consultation.
The European Parliament

The European Parliament represents the interests of the citizens of the European Community but has neither the power to propose legislation nor to adopt it. It does, however, have the power to approve the budget and to dismiss the Commission. Nevertheless, its role has steadily gained importance over the years. The Treaty of the European Union has significantly increased, its powers no longer being merely consultative and controlling. From now on it will exercise " the powers attributed by the present Treaty"1 The European Parliament participates in the process of adopting Community Acts both by exercising its powers within the framework of the procedures defined in Articles 189 and 189 C and by giving either confirming or con sultative opinions. Moreover, it has acquired an official role in the adopted legislation by virtue of the procedures of cooperation and co-decision introduced by the Single European Act and by the Treaty of the European Union respectively. This pro cedure of cooperation applies, by virtue of Article 130 S (1) of the Treaty, to the actions undertaken by the Community in order to bring about the objectives put forward by the Community's environmental policy. Members of the European Parliament are elected every five years and are divided into political groups organized at community level. The Parliament meets for one week a month, usually in Strasbourg (France). Its sessions are open to the public. The commissions usually meet in the pre1
Article 137.
ix
ceding week in Brussels. Many commission meetings are open to the public, including those of the Environment, Public Health and Consumer Affairs Com missions.
The legislative procedures

Under the consultation procedure, the Commission must send its proposals to the Council, which is usually required to request the opinions of the European Parliament and the Economic and Social Committee. After counselling the European Parliament and the Economic and Social Committee, the proposal is returned to the Council where it will be examined by the COREPER working group concerned. Once the report of this working group has been drawn up, the proposal is studied by COREPER and is then returned to the Council. When COREPER reaches an agreement concerning the Commission's proposal, it is entered into the Council's agenda as item A. Item As are generally adopted by the Council without preliminary discussion. When, on the other hand, no con sensus can be reached, the proposal is entered in the Council's agenda as item implying that the proposal needs to be discussed and negotiated before it is voted or amended by the Council. Whether a simple majority, qualified majority or unanimity is needed depends on the authorizing provision on which the proposal is based. If the Council is unable to adopt the proposal in accordance with the voting system mentioned in the provision concerned, the proposal is not completely overruled but is merely suspended or, as is increasingly the case, amended or withdrawn by the Commission. Occasionally, an appeal is made to the Council to resolve the deadlock. This type of consultation applies to the environmental legislation for: Provisions primarily of a fiscal nature; measures concerning town and country planning, land use with the exception of waste management, measures of a general nature and the management of water resources; measures significantly affecting a Member State's choice between dif ferent energy sources and the general structure of its energy supply.
General introduction The cooperation procedure (figure J) was introduced through the Single European Act in order to accomplish two objectives: on the one hand, it was meant to strengthen the role of the Parliament in the law-making process and, on the other hand, to accelerate the legislative process, requiring the Council to adopt a large number of acts by qualified majority and imposing deadlines on the present phase of the procedure's cooperation. The cooperation procedure also stipulates that the Commission must send its proposals to the Council, which again is obliged to counsel the European Parliament and the Economic and Social Committee. Upon receiving the Parliament's opinion, the Council agrees a common position which is sent back'to the Parliament for a second reading. Within three months following this transmission, the European Parliament may approve the common position, not pronounce its opinion, reject it by absolute majority of the constituent members or propose amendments to the Council's common position by the same majority. If one of the two first-mentioned alternatives is chosen by the Parliament, the Council decides upon the act in accordance with its common position. If the act is rejected, however, the Council can only decide by unanimity. Finally, when the European Parliament opts for to amend the text of the common position, the Commission has three months to re-examine the proposal it based its common position on, starting from the amendments proposed by the European Parliament. Afterwards, the Commission sends not only its re-examined proposal to the Council but also the amendments that have not been accepted, together with the Commission's opinion on them. The Council can adopt these amendments by unanimity and enact the Commission's re-examined proposal by qualified majority of its members. It can also modify the Commission's reexamined proposal by unanimity. The Council is required to decide within three months. If no decision has come through by that time, the proposal is considered not-adopted. The Treaty of the European Union has significantly enlarged the application of this legislative procedure. Within the framework of the environmental policy, actions to be undertaken by the Community to bring about the objectives mentioned in Article 130R will be decided upon according to the cooperation procedure defined in Article 189c of the Treaty.
XI
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XII
The co-decision procedure (figure 2) was first introduced by the Treaty of the European Union. This procedure allows the European Parliament to amend or to use its veto regarding certain acts of the Council. Thus, the Parliament is certain to play a more active role in the adoption of Community Legislation. Article 189 of the Treaty describes the way in which the Parliament exercises its power of co-decision. Upon submission of a Commission's proposal to the Council and the Parlia ment, the Council adopts a common position by qualified majority after coun selling the Parliament. This common position is subsequently transmitted to the European Parliament. Within a period of three months after this transmis sion, the European Parliament may approve the common position, not pro nounce its opinion, reject it by absolute majority of its constituent members or propose amendments to the common position by the same majority. If one of the two first-mentioned alternatives is chosen by the Parliament, the Council decides upon the act in accordance with its common position. If the Parliament intends to reject the common position, it is required to inform the Council immediately. The Council can subsequently make an appeal to the Conciliation Committee 1 to fine-tune its position. Subsequently, the European Parliament either confirms the rejection of the common position by absolute majority of its constituent members implying that the act will not be adopted, or proposes amendments. Amendments to the common position need the Par liament's absolute majority of its members after which the amended text is transmitted to the Council and the Commission which have to reach an opinion on it. If the Council approves the Parliament's amendments by qualified majority within three months, it consequently modifies its position and decrees the act concerned. If the Council does not decree the act concerned, a meeting of the Conciliation Committee is convened. The Conciliation Committee must reach an agreement on a common project by qualified majority of its members. The Conciliation Committee must approve a common project within six weeks following its convocation. In this case, the Parliament, having decided by absolute majority and the Council, having decided by qualified majority, have another six weeks upon this approval to decree the act concerned in accordance with the common project. If one of the two institutions fails to approve the common project, the act is considered not-adopted which is also the result if the Conciliation Com mittee has not been able to agree on a common project. However, during the second six-week period starting immediately after the expiry of the six weeks
1
The Committee of Reconciliation consists of the members of the Council or their repre sentatives and an equal number of representatives of the European Parliament.
xiii
granted to the Conciliation Committee, the Council may confirm, by qualified majority, the common position it had agreed upon before the procedure of reconciliation was initiated. This confirmation may possibly include the amendments put forward by the European Parliament. In this case, the act concerned is finally decreed but the European Parliament always has the final word enabling it to reject the text by absolute majority of its members within six weeks following the Council's confirmation, thus causing the act to be considered not-adopted. Article 130S (3) of the Treaty enables the co-decision procedure to be applicable to the Council's decisions concerning decreeing general action programmes concentrating on environmental priority objectives. The measures needed to implement these programmes are agreed upon according to the procedure of consultation or cooperation, depending on the case. The legislative procedure also implies numerous direct consultations with the national governments through COREPER and private organisations, both at national and community level. Before expressing their stances regarding proposals for Community legislation, Member States often officially consult their national parliaments and proceed with informally consulting national interest groups. This complicated consultation process is absolutely necessary to draw up a legislation to: assure a 'high level of protection' of public health and the environment; harmonise industrial standards and procedures Community-wide; be integrated in the various legal systems of the Member States; and be implemented by the various administrations and by the various levels of government.
XIV
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XVI
General introduction The Court of justice

The Court of Justice is the guardian of the Treaties of Community law. It is composed of judges appointed by agreement with the Member States. The judges are assisted by advocates general, who analyse and propose decisions on the cases before it. Cases may be brought by the Community institutions against each other, by the Commission against a Member State or vice versa. Cases may also be brought by natural or legal persons against Member States or the Commission under Community law. Regarding the Court of Justice, the major change introduced by the Treaty of the European Union, is the power granted to the Court to impose fines on Member States1 When a Member State fails to take the measures included in the execution of a decree established by the Court of Justice, the Commission may go to Court. The Commission determines the amount of the fine or the penalty to be paid by the Member State, taking into consideration the circumstances. If the Court of Justice finds that a Member State is not complying with its decree, it may impose the payment of the fine or the penalty. The national courts have the power to review actions taken by their governments for the implementation and enforcement of Community legislation. They may apply to the Court of Justice for a preliminary ruling on an issue of EC law before taking a decision. Moreover, national courts have the power to enforce the decisions of the Court of Justice. The Court of Justice has rarely ruled on the substance of Community environmental law but several decisions are of fundamental importance in defining the power of the Community to limit the lawmaking authority of the Member States. The principle of the direct applicability of Community law to individuals was first enunciated in 1963, when the Court stated: 'The Community constitutes a new legal order of international law for the benefit of which the States have limited their sovereign rights, albeit within limited fields", and 'independently of the legislation of Member States, Community law not only imposes obligations on individuals but is intended to confer upon them rights which become part of their legal heritage. These rights arise not only where they are expressly granted by the Treaty but also by reason of obligations which the Treaty imposes in a clearly defined way upon individuals as well as upon the Member States and upon the institutions of the Community" 2 .
1 2
Article 171 (2). Case 26/62 Van Gend & Loos [ 1963] ECR 10 ; Case 8/81 Becker vs Finanzamt Mnster [1982] ECR 50 ; see also Jean-Victor Luis, The Community Legal Order, 2nd ed., Office for Official Publications of the European Community (Luxembourg : 1990).
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General introduction Hence, in spite of the fact that a Member State has not implemented (or not properly implemented) a Community environmental directive in violation of Article 189 (13) of the Treaty, the Directive may take direct effect. However, the provisions of the Directive regarding the obligations of the Member State must be sufficiently precise and unconditional in order to have the direct effect of national law vis--vis the citizen'. They must also be capable of being enforced as law by the national courts. A landmark environmental ruling came in September 1988 when the Court upheld a Danish law requiring all beer and soft drinks to be sold in reusable containers with a deposit. The ensuing trade barrier to non-resident producers (which for reasons of weight and cost prefer to use throw-away containers) was justified because of the 'imperative requirement' to protect the environment in the absence of a Community law covering this issue. The Court nevertheless struck down a clause of the Danish law which limits the quantity of beverages that non-resident manufacturers may import in bottles that do not conform to Danish standards taking the view that this was a significant trade barrier insofar as Danish exporters faced no similar restrictions in other Member States2
Evolution of EC Environmental protection
policies
In the 1950s, European politicians sought to rebuild European prosperity and secure peace in the future by creating a common trading area. The core objective of the 1957 Treaty of Rome, establishing the European Economic Community, was 'the constant improvement in the living and working conditions' of the European peoples. Protection of the environment as such did not appear in the EEC Treaty. However, not so many years later, Community lawmakers recognised the need to create common standards to protect consumers in order to assure the free circulation of goods among the Member States. Thus, the first Community environmental legislation dealt with products (dangerous chemicals, motor vehicles and detergents). Product and later industry-related environmental legislation was based on Article 100 of the Treaty, which covered the harmonisation of laws 'in Member States as having a direct impact on the establishment or functioning of the common market.' In addition, environmental legislation was based on Article 235, covering measures which 'prove necessary to attain... one of the objectives of the Community' in the absence of a specific
1 2
Ludwig Krmer, 'Effet national des directives communautaires en matire d'environnement', 1990 RJE 3, pp. 325 349. Case 302/86 Commission vs Denmark [1988] ECR 4607.
XVIII
delegation of power by the Treaty. Until 1987, all Community environmental legislation was based upon one or the other or both of these Articles. In the late 1960s, it became obvious that drastic and comprehensive measures would be needed to protect the Community's environment from the demands imposed on it by economic growth. By the end of the 1970s, the global dimensions of environmental pollution were becoming apparent. In 1972 (the year of the first United Nations conference on the environment), the European Community adopted its first five-year environmental action programme (1973 1977) setting out the principles and priorities that would guide its policies in the future. The first and second environmental action programmes 1 set out detailed lists of actions to be taken to control a broad range of pollution problems. Eleven principles were listed, which have remained valid in subsequent action programmes 2 : 1) 2) 3) Prevention is better than cure. This principle has become paramount under the fourth environmental action programme. Environmental impacts should be taken into account at the earliest possible stage in decision-making. Any form of exploitation of resources and of the natural environment which causes significant damage to the ecological balance must be avoided. Scientific knowledge must be improved to enable efficient action to be taken in this field. The 'Polluter pays' principle: that is, the cost of preventing and repairing environmental damage should be borne by the polluter. Activities in one Member State should not cause deterioration of the environment in another. Environmental policy in the Member States must take into account the interests of the developing countries. The EC and its Member States should promote international and worldwide environmental protection through international organisations. Environmental protection is everyone's responsibility, therefore education is necessary.
4) 5) 6) 7) 8) 9)
1 2
OJC 112, 20.12.1973, p. 1 ; OJ C 139, 13.6.1977, p. 1. A number of these principles have been reiterated in Articles 100a and 130r, 130s and 130t of the Treaty.
XIX
General introduction 10) Environmental protection measures should be taken at the most 'appropriate level', taking into account the type of pollution, the action needed and the geographical zone to be protected. This is known as the "subsidiary principle". National environmental programmes should be coordinated on the basis of a common long-term concept and national policies should be harmonised within the Community, not in isolation.
11)
The third environmental action programme, adopted in 1983', tried to provide an overall strategy for the protection of the environment and natural resources in the European Community. It shifted the emphasis from pollution control to pollution prevention, and broadened the concept of environmental protection to include land use planning and the integration of environmental concerns into the other EC policies. The areas affected include the funds for agricultural activities, regional economic development, and aid to African, Caribbean and Pacific countries within the framework of the Lome Convention. The fourth environmental action programme2 (1987 1992) sought in part to give substance to the new obligations for integration of the environmental dimension into other Community policies by emphasising four areas of activity: 1) 2) 3) 4) Effective and complete implementation of existing Community Legislation; Regulation of all environmental impacts of 'substances' and 'sources' of pollution; Increased public access to and dissemination of information; Job creation.
The fifth environmental action programme3 (1993 2000) signifies a watershed for the Community. As in the 1980s the major challenge consisted in bringing about the internal market, in.the present decade it consists of the reconciliation between environment and development. In order to achieve tangible results in this respect within the time limit of the fifth programme, the following fields of action have priority:
OJC 46, 17.2.1983, p. 1. OJC 328, 1987, p.l. OJC 138, 17.5.1993, p.l.
XX
1) 2) 3) 4) 5) Long-term management of natural resources: soil, water, nature reserves and coastal areas. The overall fight against pollution and preventive action concerning waste. Reducing the consumption of non-renewable energy sources. Improving mobility management, notably by opting for more efficient and environmental-friendly locations and means of transport. Health and security improvements, particularly regarding the assessment and management of industrial hazards, nuclear safety and protection against radiation.
Tackling these challenges implies adopting new strategies which aim at breaking the tendencies set out by preceding action programmes and turning towards long-term development. These strategics imply an active commitment of all the major participants and provide access to a wider range of resources including, notably, economic instruments and the improvement of information aimed at contributing to the identifiable and measurable environmental improvements or aim at changing consumer habits which is the principal source of our planet's deterioration.
The Single European Act

The amendments to the Treaty of Rome, which took effect on 1 July 1987, introduced a series of new articles on the environment in the third part of the Treaty which covers the 'foundation and policy of the Community'. Three articles (130r, 130s and 130t) set out the objectives and elements of environmental protection actions by the Community. The objectives of this action are defined as follows: to preserve, protect and improve the quality of the environment; to contribute towards protecting human health, to assure a prudent and rational utilisation of natural resources. EC environmental protection actions must become integrated into other EC policies, the most important of which are agriculture, regional development and energy and must be based on three principles: preventive action; environmental damage must be rectified at source; the polluter pays.
XXI
The integration principle is by far the most significant provision in the new article. Environmental protection is the only area of EC policy that imposes such a sweeping requirement; and the Community must adopt procedures to implement and enforce it1 Article 130s stipulates the requirement of unanimity on the Council 2 . However, the Commission and the Court of Justice have made it clear that Community environmental legislation sets minimum standards, but may not be used to prevent the Member States from going further: 'The protective measures adopted in common pursuant to Article 130s shall not prevent any Member State from introducing more stringent protective measures compatible with this Treaty 3 .' The Single European Act recognised the complicated relationship between the environment and trade in a new Article 100a which states that when the Commission proposes a law concerning health, safety, environmental protection and consumer protection affecting the common market, that proposal must 'take as a base a high level of protection'. Again, Member States are given the opportunity to adopt more stringent standards if they deem it necessary. The cooperation procedure under Article 100a was first used to break the deadlock on emission limits for medium and large-engine motor vehicles. In April 1987, the Parliament amended the Council text to impose stricter controls on emissions from small-engine cars and managed to convince the Commission to introduce the same standards instead. The Council was forced to agree. In June 1991, the Court of Justice issued a judgement4rcgarding the legal basis of Directive 89/428/EEC on a progressive phase-out programme for the disposal of titanium dioxide wastes. Through this judgement, the Court cleared the way for the Community to adopt environmental legislation affecting industry by qualified majority instead of unanimity. The Commission based its proposed Directive on Article 100a of the Treaty (measures furthering the single market) but the Council disagreed and opted for Article 130s on the environment.
2 3 4
Pascale Kromarek, 'The Single European Act and the Environment', in European Environment Review 1, 1986, pp. 10 12. It also allows the Council to define matters on which decisions will be taken by majority opinion. Article 130t. Case 300/89 Commission vs Council [ 1991].
XXII
General introduction Under Artide 100a, the European Parliament would have two readings of a proposal which could be adopted by qualified, majority. In practice, basing legislation on Article 100a gives the more environmentally progressive forces in Parliament and the Council greater influence over the final text, but this practice has been strongly fought against by some Member States which are concerned about the Parliament's increased power and the loss of national legislative authority to the Community. Under the terms of Article 130s, the Parliament has only one "consultative" reading and the Council must decide by unanimity (which is sometimes difficult to achieve). The Court struck down the Directive, accepting the Commission's argument that since national environmental laws regulating this industry could lead to distortions in competition, Article 100a was the correct legal basis for creating a harmonised Community system. Since Article 100a (3) states that such laws affecting the environment must achieve 'a high level of protection', it is clear that, according to the Court, 'the objectives of environmental protection cited in Article 130r can be efficiently pursued through harmonisation measures based on Article 100a'. This decision cleared up a knotty problem that had been pending since July 1987 when the amendments to the Treaty took effect. It means that the Commission is free to base other environmental proposals on Article 100a without fear of upset in the Council.
The Treaty of the European Union

The Treaty of the European Union significantly modifies the 'environment' sector of the EEC Treaty adding a fourth objective of the environmental policy to Article 130r. Community policy should 'contribute to promoting on an international scale measures taken to deal with regional or global environmental problems.' Concerning the environment, the Treaty also implies a policy of high-level protection, taking into account the diversity of the Community's regions. The new Article 130r (2) strengthens the existing provision that environmental needs must be integrated in the definition and implementation of all other Community policies. Measures of harmonisation dealing with these needs may include a safeguard clause, authorising Member States to take temporary measures based on non-economic environmental reasons, under a Community procedure of supervision.
XXIII
General introduction The Treaty deletes the fourth paragraph of Article 130r which stipulates that "the Community acts in environmental matters whose objectives can easier be achieved at Community level than at national level". Nevertheless, the envi ronmental policy generally remains submitted to the subsidiary principle in Article 3 of the Treaty. It also stipulates that Decisions are to be made as close to citizen-level as possible1 Article 130s stipulates that concerning its contents, the Council must decide by qualified majority2 in accordance with the procedure of cooperation deter mined in Article 189c in order to attain the objectives stipulated in Article 130r. Unanimity, however, is required for: provisions primarily of a fiscal nature; measures concerning town and country planning, land use with the exception of waste management, measures of a general nature and the management of water resources; measures significantly affecting the choice of a Member State between different energy sources and the general structure of its energy supply. Action programmes of a general nature regarding priority objectives are adopted by the Council in accordance with the cooperation procedure estab lished in Article 189 of the Treaty. The Member States have to assure the funding and execution of the Commu nity's environmental policy. If the policy's implementation implies funds going beyond the Member State's means, the Council includes in the act con taining the measure taken in order to achieve the objectives set out in Article 130r (1) the appropriate provisions by means of a temporary derogation and/or financial support from the Cohesion Fund.
Financial instruments for the environment

On 26 May 1994, the Cohesion fund3 replaced the financial instrument of cohesion4, introducing a financial backing to both environmental projects and transeuropean networks of transport in the Member States whose Gross
Article A. The Council is authorised by Article 130s to determine the matters to be voted by quali fied majority. The Council's Regulation (EEC) 1164/94 from 16 May 1994 establishing the Cohesion Fund (OJ L 130,25.05.1994, p.l). The Council's Regulation (EEC) 792/93 from 30 March 1993 establishing a funding instrument of cohesion (OJ L97, 01.04.1993, p. 74).
XXIV
National Product per capita is less than 90% of the Community's average: i.e. Greece, Spain, Portugal and Ireland. In order to be eligible, environmental projects must contribute to the completion of the objectives mentioned in Article 130r of the Treaty, including the measures taken in conformity with Article 130s and the objectives which have priority within the Community's environmental policy. A project's funding by the Cohesion Fund is agreed upon by the Commission consonant with the Member State in question. The funding rate is between 80 and 85% of public spending and is in line with the interventions to be made. In order to make sure that the projects financed by the Cohesion Fund are correctly carried out and in order to avoid any irregularity whatsoever, a control system was introduced by the Member States. The financial instrument for the environment (Life) introduces a financial backing to actions contributing to the implementation of the Community's environmental policy based on the principle of "the polluter pays". Also eligible are projects of technical support to third countries around the Mediterranean and the Baltic sea and, more exceptionally, to regional and global actions regarding environmental problems as established international agreements. Financial backing is cither agreed upon as co-financing, the level of which varies between 30 and 100% according to the kind of action or as an interest reduction. Proposals of actions to be financed must be submitted to the Commission by the Member State concerned. These proposals are then studied by a committee made up of representatives from the Member States and the Commission and are adopted, in most cases, by the Commission. The Commission is also responsible for the success of the projects financially supported by the Community. If any irregularities are found, it has the right to decrease, suspend or reclaim the funds awarded. Communication 94/C 139/03' defines the priority actions to be implemented in 1995 within the framework of LIFE. Finally, the new provisions included in the modified regulations concerning the Structural Funds, adopted in July 19932, increased the attention given to
The Commission's communication 94/C 139/03 in conformity with the Council's regulation (EEC) 1973/92 containing the creation of a funding instrument for the environment (Life) regarding the priority actions to be carried out in 1995 (OJ C 139, 21.05.1994, p. 3). OJ L 215, 30.07.1992, p. 85.
XXV
General introduction environmental problems. These provisions want these national and regional funding programmes to bring about a revaluation of the national and regional environmental situation as well as the results of the actions aimed at. It also specifies that these programmes must specify the provisions agreed upon with the authorities concerned.
Citizen rights under Community Law

The Treaty of the European Union introduces a European citizenship. "Every person with the nationality of a Member State is a citizen of the Union'. Citizens of the Union have five general rights: 1) 2) The right to travel and reside unconditionally on the territory of a Member State; The right to vote as well as the eligibility in both municipal elections and elections for the European Parliament in the Member State in which they reside under the same conditions as the nationals; The right to protection from the diplomatic and consular authorities of every Member State on the territory of a third country where his country is not represented; The right to petition the European Parliament about a matter within the Community's competence which directly concerns him; and The right to complain to the ombudsman, appointed by the European Parliament, regarding wrong administration of the Community's institutions or organs except for the Court of Justice and the Court of First Instance concerning the exercise of their judicial powers.
3)
4) 5)
In addition to these rights directly related to Union citizenship, citizens also have the right to formally complain to the Commission about a violation of Community law; this may form the basis of an infringement proceeding by the Commission against the Member State concerned. European citizens only have the right to bring a complaint directly before the Court of Justice under decisions or regulations addressed directly and individually to them. Since directives are addressed to the Member States, no standing arises for citizens or citizen groups. However, citizen groups have the right to appear before the Court of Justice in support of a case already before the Court, if the Court agrees that the group has a legal interest in supporting the case (e.g. a consumer organisation in a consumer protection case).
XXVI
Introduction
Community Legislation on noise pollution is based upon an a system of optional harmonisation of emission standards for certain "noise-generating" products. However, in a number of cases, binding limits have been established which require the Member States to take the necessary measures in order to comply with them. Moreover, the Member States cannot refuse the importation and the marketing of products which meet these standards. Community legislation on noise pollution resembles the stipulations on the subject which have already been adopted on internationally and is very closely geared to the industrial and commercial aspects of the products concerned.
Motor vehicles
Community standards on noise emissions by motor vehicles were established by means of the implementation of the technical Directives relating to the EEC type-approval. When Member States grant the national type-approval to a motor vehicle or authorise its marketing and entry into service, it is not obligatory for the Member States to apply the limit values established by the system in the Directive on the admissible noise level'. However, Member States may not refuse either the EEC type-approval or the national type-approval of vehicles meeting the standards of Directive 70/175/EEC. Directive 84/424/EEC 2 reviews the limit values for the noise level of cars, buses and lorries. These values vary between 77 and 84 dB (A) according to the category of vehicles concerned. These limits are increased by one dB (A) for dieselpowered vehicles with direct injection and for vehicles for off-road use 3 .
Council Directive 70/157/EEC, of 6 February 1970, on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles (OJ L42. 23.02.1970, p. 16). See also Community Legislation concerning the environment. Volume 5, Noise, first edition, p. 2 and xxiv. Council Directive 84/424/EEC. of 3 September 1984. amending Directive 70/157/EEC on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles (OJ L 238. 06.09.1984, p. 31 ). See also Community Legislation concerning the environment, Volume 5, Noise, first edition, p. 242. The procedure of type-approval is based upon the amendments of Commission Directive 81/334/EEC, of 13 April 1981, adapting to technical progress Council Directive 70/157/EEC on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles (OJ L 131, 18.05.1981, p.6). See also Community Legislation concerning the environment, Volume 5, Noise, first edition, p. 236.
xxvii
Introduction
In November 1992, the Council adopted another Directive 1 which reduced the values established in Directive 70/157/EEC to a level of between 74 and 80 dB (A). From 1 October 1995 on these values will apply to new models, and from 1 October 1996 on they will apply to new vehicles on the basis of obligatory harmonisation which from then on requires every vehicle to meet the limit values established in the present Directive.
Motorcycles
Directive 78/1015/EEC 2 concerning the admissible noise level and the exhaust system for motorcycles stipulates the emission limit values for motorcycles in accordance with their cylinder capacity. Directive 78/1015/EEC was amended for the first time in 1986. Directive 87/56/EEC 3 reduces the admissible noise level to a standard between 75 and 80 dB (A) which must be achieved in two phases by the end of 1997. In 1989 another amendment 4 concerned a specific provision for spare exhaust systems.
Construction plant
equipment
Two framework Directives have been adopted for construction plant equipment. The first one-"1, adopted in 1978. stipulates and harmonises measurement conditions and methods for noise emissions from construction plant equipment.
Council Directive 92/97/EEC, of 10 November 1992, amending Directive 70/157/EEC on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles (OJL371, 19.12.1992, p . l ) . Council Directive-78/1015/EEC, of 23 November 1978, on the approximation of the laws of the Member States on the permissible sound level and exhaust system of motorcycles (OJ L 349, 13.12.1978, p. 21). See also Community Legislation concerning the environment, Volume 5, Noise, first edition, p. 33 and xxv. Council Directive 87/56/EEC, of 18 December 1986, amending Directive 78/1015/EEC, on the approximation of the laws of the Member States relating to the permissible sound level and exhaust system of motorcycles (OJ L 24, 27.01.1987, p. 42). See also Community Legislation concerning the environment, Volume 5, Noise, first edition, p. 251. Council Directive 89/235/EEC, of 13 March 1989, amending Directive 78/1015/EEC on the approximation of the laws of the Member states on the permissible sound level and exhaust systems of motorcycles (OJ L 98, 11.04.1989, p. 1 ). See also Community Legislation concerning the environment, Volume 5, Noise, first edition, p. 254. Council Directive 79/113/EEC, of 19 December 1978, on the approximation of the laws of the Member States relating to the determination of the noise emission of construction plants and equipment (OJ L 33,08.02.1979, p. 15). See also Community Legislation concerning the environment, Volume 5, Noise, first edition, p. 62 and xxvi.
XXVIII
Introduction
This Directive was amended in 1981 in order to determine airborne noise emitted by construction plant equipment, not only into the environment but also into the cockpit of machines 1 . The second framework Directive 2 , adopted in 1984, stipulates both the conditions and requirements for construction machines to comply with in order to be granted EEC type-approval. In accordance with this Directive, other Directives determine the harmonised requirements with which each category of equipment must comply: compressors 3 , tower cranes 4 , welding generators 5 , power generators 6 and hand-held concrete-breakers and picks 7 . Directive 86/662/EEC s concerns hydraulic excavators, rope-operated excavators, dozers, loaders and excavator-loaders used to work on building and civil engineering sites. This Directive determines the limit values for the sound-power level of airborne noise emitted in the environment and the sound-pressure level of airborne noise in the cockpit of machines.
Council Directive 81/1015/EEC, of 7 December 1981, amending Directive 79/113/EEC on the approximation of the laws of the Member States relating to the determination of the noise emission of construction plants and equipment (OJ L 376, 30.12.1981, p. 49). See also Community Legislation concerning the environment, Volume 5, Noise, first edition, p. 258 . Council Directive 84/532/EEC, of 17 September 1984, on the approximation of the laws of the Member States relating to common provisions for construction plant and equipment (OJ L 300, 19.11.1984, p. 111). Council Directive 84/533/EEC, of 17 September 1984, on the approximation of the laws of the Member States relating to the permissible sound power level of compressors (OJ L 300, 19.11.1984, p. 123). See also Community Legislation concerning the environment, Volume 5, Noise, first edition, p. 98 and xxvii. Council Directive 84/534/EEC of 17 September 1984, on the approximation of the laws of the Member States relating to the permissible sound power level of tower cranes (OJ L 300, 19.11.1984, p. 130). See also Community Legislation concerning the environment, Volume 5, Noise, first edition, p. 114 and xxviii. Council Directive 84/535/EEC, of 17 September 1984, on the approximation of the laws of the Member States relating to the permissible sound power level of welding generators (OJ L 300, 19.11.1984. p. 142). See also Community Legislation concerning the environment, Volume 5, Noise, first edition, p. 133 and xxix. Council Directive 84/536/EEC, of 17 September 1984, on the approximation of the laws of the Member States relating to the permissible sound power level of power generators (OJ L 300, 19.11.1984, p. 149). See also Community Legislation concerning the environment, Volume 5, Noise, first edition, p. 142 and xxx. Council Directive 84/537/EEC, of 17 September 1984, on the approximation of the laws of the Member States relating to the permissible sound power level of powered hand-held concrete-breakers and picks (OJ L 300, 19.11.1984, p. 156). See also Community Legislation concerning the environment, Volume 5, Noise, first edition, p. 152 and xxxi. Council Directive 86/662/EEC, of 22 December 1986, on the limitation of noise emitted by hydraulic excavators, rope-operated excavators, dozers, loaders and excavator-loaders (OJ L 384, 31.12.1986, p. 1 ) as amended by Commission Directive 89/514/EEC of 2 August 1989 (OJ L 30.08.1989, p. 35).
xxix
Introduction
Household
appliances
Directive 86/594/EEC' concerns every machine that has been specifically manufactured for use in homes, including cellars, garages and other outbuildings and in particular household appliances for upkeep and cleaning, and for the preparation and storage of foodstuffs... Instead of establishing limit values for noise emissions by these appliances, the Directive allows the Member States to issue the publication of information on the airborne noise emitted by certain families of appliances. This Directive also concerns the requirements for tests to determine the airborne noise emitted by such household appliances.
Lawnmowers
The admissible noise level for lawnmowers is between 96 and 105 dB (A) according to the cutting width 2 . Directive 84/538/EEC applies to all lawnmowers except for agricultural and forestry equipment, non-independent devices (e.g. drawn cylinders) with cutting devices driven by the wheels or by an integrated drawing or carrying component. Finally, the Directive also applies to multi-purpose devices of which the main motorised component has an installed power greater than 20 kW. Lawnmowers may not be placed on the market if their noise level, measured by means of the procedure specified in the Directive, exceeds the permissible levels.
Aircraft
Directive 80/5 1/EEC 3 on the noise emissions from subsonic aircraft, adopts the specific standards laid down by the Organisation for International Civil Aviation (Annexe 16 to the Convention on international civil aviation). This Directive was amended when modifications were made to Annexe 16 to the Convention. Directive 80/51/EEC, as amended 4 , requires the Member States to Council Directive 86/594/EEC, of 1 December 1986, on airborne noise emitted by household appliances (OJ L 344, 01.1.1986, p. 1 ). See also Community Legislation concerning the environment, Volume 5, Noise, first edition, p. 189 and xxxii. Council Directive 84/538/EEC, of 17 September 1984, on the approximation of the laws of the Member States relating to the permissible sound power level of lawnmowers (OJ L 300, 19.11.1984, p. 171) as amended by Council Directive 88/181/EEC of 22 March 1988 (OJL 81, 26.03.1988, p. 71). Council Directive 80/51/EEC, of 20 December 1979, on the limitation of noise emissions from subsonic aircraft (OJ L 18, 24.01.1984, p. 123). See also Community Legislation concerning the environment, Volume 5, Noise, first edition, p. 92 and xxvii. Council Directive 83/206/EEC, of 21 April 1983, amending Directive 80/51/EEC on the limitation of noise emissions from subsonic aircraft (OJ L 117,04.05.1983, p. 15). See also Community Legislation concerning the environment, Volume 5, Noise, first edition p. 262.
XXX
Introduction
ensure that any jet or propeller-driven aircraft entered in their registers and belonging to one of the categories of volume I of Annexe 16 to the Convention are not being operated on their territory without a noise certificate. This certificate is based upon satisfactory evidence ensuring that the aircraft meet the requirements which at least equivalent standards to those stipulated in chapters 2, 3, 5 or 6 of Annexe 16 to the Convention. Moreover, the Member States no longer authorise the use of jet-propelled subsonic aircraft registered in a third country on their territory unless the aircraft meet requirements which are at least equivalent to the standards applicable on their territory. In 1989, the Council adopted a Directive 1 which reduces the permissible noise level established in Directive 80/51/EEC. The Directive does not apply to planes whose maximum take-off weight does not exceed 34,000 kg, to planes which can seat no more than 19 people and to planes registered before 1 November 1990. Subsonic jet-propelled aircraft registered after that date must not be operated on the territories of the Member States unless they have a noise certificate confirming that the aircraft meet the requirements which are at least equivalent to the standards stipulated in Annexe 16, chapter 3 to the Convention on international civil aviation. In 1992, the Council adopted a Directive 2 which requires the Member States to ensure that by 1 April 1995 aircraft which comply with the stipulations on weight and capacity set out in Directive 89/629/EEC and which are mentioned in chapter 2 of Annexe 16 to the Convention are no longer operated in the airports in their territories without a noise certificate, in accordance with the standards of chapters 2 and 3 of the second part of the first volume of Annexe 16 to the Convention. By the year 2002, this requirement will apply to all civil subsonic jet-propelled aircraft. Aircraft registered in developing countries are exempt from the aforementioned obligations.
Council Directive 89/629/EEC, of 4 December 1989, on the limitation of noise emissions from civil subsonic jet aeroplanes (OJ L 363, 13.12.1989, p. 27). See also Community Legislation concerning the environment, Volume 5, Noise, first edition, p. 224 and xxxiv. Council Directive 92/14/EEC, of 2 March 1992, on the limitation of the operation of aeroplanes covered by Part II. Chapter 2, Volume 1 of Annexe 16 to the Convention on International Civil Aviation, second edition (1988) (OJ L 76. 23.03.1992, p. 21).
xxxi
Summary of the Legislation
Council Directive 92/14/EEC1 Civil subsonic
aircraft
This Directive limits the use of civil subsonic jet-driven aircraft in the airports in the territory of the Member States unless these planes are provided with a noise certificate which complies with the standards mentioned in chapter three of the second part of the first volume of Annexe 16 to the Convention on Inter national Civil Aviation. It is allowed to exempt from these standards, aircraft registered in a developing country which have a noise certificate which is in accordance with chapter two of the second part of the first volume of Annexe 16 to the Convention. The aforementioned aircraft are used for Community-bound lines during a refer ence period of 12 months between 1986 and 1990. It is allowed to grant derogations to planes which do not meet the requirements of chapter 3 of Annexe 16 but which could comply with them by means of a modification. These derogations also apply to aircraft which are expected to be replaced very soon by planes that meet the requirements. Planes of historic interest also benefit from a derogation as well as aeroplanes in respect of which an operator demonstrates that the pursuit of his operations would be adversely affected to an unreasonable extent. Finally, planes executing non commercial flights for reason of modifications, maintenance or repairs, also benefit from a derogation. It is allowed for airline companies to cross out the planes which do not meet the standards of chapter three of Annexe 16 of their registers. This happens on an annual basis and amounts to more than 10% of the overall subsonic fleet. The derogations awarded, are notified to the Commission and to the competent authorities of the other Member States. The Member States recognise the der ogations granted by another Member State to aircraft entered in the Member State's registers.
Council Directive 92/14/EEC, of 2 March 1992, on the limitation of the operation of aer oplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on Inter national Civil Aviation, second edition (1988) (OJ L 76, 23.03.1992, p. 21).
xxxiii
Council Directive 92/94/EEC1 The exhaust system of motor vehicles

This Directive modifies Directive 70/175/EEC2 concerning the permissible noise level and the exhaust system of motor vehicles. The values in [dB (A)] of the noise level for every category of motor vehicles in the Annexe to Directive 70/175/EEC are reduced, and the measuring methods for high-powered vehicles have been improved. Member States may not refuse, on grounds relating to the permissible noise level and the exhaust system, to grant EEC or national type-approval to motor vehicles. Neither arc they allowed to prohibit, on the same grounds, the entry into service of any vehicle in which the noise level and the exhaust system satisfy the requirements of this Directive. From l October 1995 onwards, the EEC or national type-approval will be refused to vehicles which do not meet the provisions of the Annexes to the Directive. From I October 1996 onwards, motor vehicles which do not meet these provisions, will be prohibited to enter into service. Directive 92/97/EEC stipulates a provision which allows Member States to grant a tax advantage to the purchase of new vehicles which already meet the standards from the present Directive in anticipation of the Directive's implementation. The amount of the tax advantage is to be considerably inferior to the additional costs of both the technical solutions which enable the vehicle to meet the limit values and their installation on the vehicle. These measures will be abolished from l October 1995 onwards. The Member States must inform the Commission on every introduction or amendment of these fiscal measures well in advance, so as to enable the Commission to give its consent after having measured the impact of the concessions on the internal market. The Council will adopt measures in order to gear security requirements to the necessity of decreasing the noise generated by the tyres touching the road surface, by l October 1995.
Council Directive 92/97/EEC, of 10 November 1992, amending Directive 70/157/EEC on the approximation of the laws of the Member States relating to the permissible noise level and the exhaust system of' motor vehicles (OJ L 42, 23.02.1970, p. 16). Council Directive 70/157/EEC, of 6 February 1970, on the approximation of the laws of the Member States relating to the permissible noise level and the exhaust system of motor vehicles (OJ L42, 23.03.1970, p. 16). See also Community Legislation concerning the environment, Volume 5, Noise, first edition, p. 2 and xxiv.
XXXIV
Council and Commission Decision 94/1/ECSC, EC1 European Economic Area

The contracting parties agree to preserve, protect and improve the quality of the environment, to contribute to the protection of public health and to ensure an economical and rational use of natural resources. Therefore, a whole range of Community Directives concerning the environment apply to the entire European Economic Area. These measures, however, do not obstruct the implementation or establishment of reinforced measures of protection compatible with the present agreement. Their actions concerning the environment are based upon the principles of preventing and remedying environmental threats, preferably at source, and on the "polluter pays" principle. The contracting parties are required to insert the measures concerning environmental protection into their other policies.
Decision 94/l/EC, ECSC of the Council and the Commission, of 13 December 1993, on the conclusion of the agreement on the European Economic Area between the European Communities, their Member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation ( OJ L 1, 03.01.1994, p. 1).
XXXV
Legislation concerning Noise
International Civil Aviation : 92/14/EEC
edition (1988)
COUNCIL DIRECTIVE 92/14/EEC1 of 2 March 1992 on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second
THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 84 (2) thereof, Having regard to the proposal from the Commission2, Having regard to the opinion of the European Parliament3, Having regard to the opinion of the Economic and Social Committee 4 , Whereas the application of noise emission standards to civil subsonic jet aeroplanes has significant consequences for the provision of air transport services, in particular where such standards.limit the useful life of aeroplanes operated by airlines; whereas Council Directive 80/51/EEC5, fixes limits on emission of such noise; Whereas Council Directive 89/629/EEC6 limits the addition to the civil air registers of Member States of aeroplanes that only comply with the standards specified in Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988); whereas that Directive specifies that the limitation on addition is only a first stage; Whereas the programme of action of the European Communities on the environment7 shows clearly the importance of the problem of noise and, in particular, the need to take action against noise due to air traffic;
1
2
OJNoL76, 23.3. 1992, p. 21.
OJ No C 111,26. 4. 1991, p. 5. 3 OJ No C 13, 20. 1. 1992. 4 OJ No C 339, 31. 12. 1991, p. 89. 5 OJ No L 18, 24. 1. 1990, p. 26. Directive amended by Directive 83/206/EEC (OJ No L 117,4.5. 1983, p. 15). fi OJ No L 363, 13. 12. 1989, p. 27. 7 OJ No C 328, 7. 12. 1987, p. 1.
International Civil Aviation : 92/14/EEC Whereas, owing to the problem of growing congestion at Community airports, it is essential to ensure that the best use is made of existing facilities; whereas this will only be possible if environmentally acceptable aeroplanes are used; Whereas the work undertaken by the Community in cooperation with other international bodies indicates that measures to limit the operation of aeroplanes which do not comply with the standards of Chapter 3 of Annex 16 must follow any non-addition rule in order for this to be of environmental benefit; Whereas common rules for this purpose should be introduced on a reasonable time-scale to ensure a harmonized approach throughout the Community, supplementing existing rules; whereas this is particularly important in view of the recent trend towards progressive liberalization of European air traffic; Whereas aeroplane noise should be further reduced, taking into account environmental factors, technical feasibility and economic consequences; Whereas it is appropriate to restrict the operation of civil subsonic jet aeroplanes on Member States' registers to those which comply with the standards of Chapter 3 of Annex 16; whereas a timetable for the gradual withdrawal from Member States' registers of those aeroplanes which do not meet Chapter 3 standards would represent a facility both for airlines and for manufacturers; Whereas special consideration should be given to the problems of developing nations; Whereas in cases of technical or economic difficulty, it would be reasonable to grant limited exemptions, HAS ADOPTED THIS DIRECTIVE:
Article 1
1. The objective of this Directive is to restrict the operation of civil subsonic jet aeroplanes as specified in Article 2. 2. This Directive shall apply to aeroplanes with a maximum take-off mass of 34 000 kg or more with a certified maximum internal accommodation for the aeroplane type in question consisting of more than nineteen passenger seats, excluding any seats for crew only.
Article 2
1. Member States shall ensure that, as from 1 April 1995, civil subsonic jet aeroplanes fitted with engines having a by-pass ratio of less than two cannot operate at airports situated in their territory unless granted noise certification either: a) to the standards specified in Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988); or b) to the standards specified in Part II, Chapter 2, Volume 1 of Annex 16 to the aforesaid Convention, provided that they were first issued an individual certificate of airworthiness less than 25 years previously. 2. Member States shall ensure that, as from 1 April 2002, all civil subsonic jet aeroplanes operating from airports situated in their territory comply with the provisions of paragraph 1 (a). 3. The territory referred to in paragraphs 1 and 2 shall not include the overseas departments referred to in Article 227 (2) of the Treaty.
Article 3
Aeroplanes listed in the Annex shall be exempt from the provisions of Article 2 (1) (a) and (b) in so far as: a) such subsonic civil jet aeroplanes, granted noise certification to the standards specified in Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988), operated into Community airports in a 12-month reference period between 1986 and 1990 selected in conjunction with the States concerned; and b) these aeroplanes were on the register of the developing nations shown in the Annex in the reference year and continue to be operated by natural or legal persons established in those countries.
Article 4
Member States may grant exemptions to the 25-year term specified in Article 2 (1) (b), for not more than three years in total, for aeroplanes in respect of which an airline demonstrates that the pursuit of its operations would otherwise be adversely affected to an unreasonable extent.
Article 5
1. Member States shall exempt from Article 2(1) aeroplanes which do not meet the standards of Chapter 3 of Annex 16 but which can be altered to meet those standards, provided that: a) suitable conversion equipment exists and is actually available for the aeroplane type in question; b) aeroplanes fitted with such equipment meet the standards of Chapter 3 of Annex 16, as determined in accordance with the technical standards and procedures accepted by the Member States until such time as common standards and procedures are established at Community level; c) the airline has ordered the equipment by 1 April 1994; d) the airline has accepted the earliest delivery date for such alterations. 2. Member States may grant exemptions from Article 2 for aeroplanes of historical interest.
Article 6
Member States may grant, on the basis of the principle of one exemption for each aeroplane ordered, exemptions from the provisions of Article 2 (1) for aeroplanes where an order has been placed before 1 April 1994 for a replacement aeroplane that meets the standards of Chapter 3 of Annex 16, provided that the airline accepted the earlist delivery date.
Article 7
Subject to the approval of the competent authority of a Member State, airlines may not be required under Article 2 (1) to delete from the registers aeroplanes which do not meet the standards of Chapter 3 of Annex 16 at an annual rate equivalent to more than 10 % of their total civil subsonic jet fleet.
Article 8
In individual cases, Member States may permit the temporary use at airports situated in their territory of aeroplanes which cannot be operated on the basis of the other provisions of this Directive. This exemption should be limited to: a) aeroplanes whose operations are of such an exceptional nature that it would be unreasonable to withhold a temporary exemption;
International Civil Aviation : 92/14/EEC b) aeroplanes on non-revenue flights for the purposes of alterations, repair or maintenance.
Article 9
1. Any Member State granting exemptions under Article 4 to 7 shall inform the competent authorities of the other Member States and the Commission of the fact and of the grounds for its decision. 2. Any Member State shall recognize the exemptions granted by another Member State in respect of aeroplanes on the registers of the latter.
Article 10
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before l July 1992. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.
Article 11
This Directive is addressed to the Member States.
Done at Brussels, 2 March 1992. For the Council The President Joo PINHEIRO
ANNEX
LIST OF AIRCRAFT EXEMPTED IN ACCORDANCE WITH ARTICLE 3
ALGERIA
Aeroplane Type B-727-2D6 B-727-2D6 B-727-2D6 B-727-2D6 B-737-2D6 B-737-2D6 B-737-2D6 B-737-2D6 B-737-2D6 B-737-2D6 B-737-2D6 B-737-2D6 Registration 7T-VEH 7T-VEI 7T-VEM 7T-VEP 7T-VEE 7T-VEG 7T-VEJ 7T-VEK 7T-VEL 7T-VEN 7T-VED 7T-VEQ Operator AIR ALGERIE AIR ALGERIE AIR ALGERIE AIR ALGERIE AIR ALGERIE AIR ALGERIE AIR ALGERIE AIR ALGERIE AIR ALGERIE AIR ALGERIE AIR ALGERIE AIR ALGERIE
BURKINA FASO
Aeroplane Type B-707-336C Registration XT-ABX Operator NAGANGANNI
CHILE
Aeroplane Type B-707-331C Registration CC-CUE Operator FAST AIR CARRIER SF
DOMINICAN REPUBLIC
Aeroplane Type B-707-399C Registration HI-442CT Operator DOMINICANA DE AVIACIN
EGYPT
Aeroplane Type B-707-328C B-707-336C B-737-266 B-737-266 B-737-266 . B-737-266 B-737-266 B-737-266 Registration SU-DAA SU-DAC SU-BBX SU-AYL SU-AYK SU-AYI SU-BBW SU-AYO Operator ZAS AIRLINE ZAS AIRLINE EGYPT AIR EGYPT AIR EGYPT AIR EGYPT AIR EGYPT AIR EGYPT AIR
GHANA
Aeroplane TV re; F-28-3M0 Registration 9G-ABZ Operator GHANA AIRWAYS CORPORATION
KENYA
Aeroplane Type DC~g-63 Registration 5Y-ZEB Operator AFRICAN SAFARI AIRWAYS Ltd
LIBYA
Aeroplane Type B-727-2L5 B-727-2L5 B-727-2L5 B-727-2L5 B-727-2L5 Registration 5A-DIC 5A-DIB 5A-DIA 5A-DID 5A-DIE Operator LIBYAN ARAB AIRLINES LIBYAN ARAB AIRLINES LIBYAN ARAB AIRLINES LIBYAN ARAB AIRLINES LIBYAN ARAB AIRLINES
MAURITANIA
Aeroplane Type F-28-4000 F-28-4000 Registration 5T-CLF 5T-CLG Operator AIR MAURITANIE AIR MAURITANIE
MAROCCO
Aeroplane Type B-727-2B6 B-727-2B6 B-727-2B6 B-727-2B6 B-727-2B6 B-737-2B6 B-737-2B6 B-737-2B6 B-707-351C B-707-35IC Registration CN-RMO CN-CCF CN-CCG CN-CCH CN-CCW CN-RMI CN-RMJ CN-RMK CN-RMB CN-RMC Operator ROYAL AIR MAROC ROYAL AIR MAROC ROYAL AIR MAROC ROYAL AIR MAROC ROYAL AIR MAROC ROYAL AIR MAROC ROYAL AIR MAROC ROYAL AIR MAROC ROYAL AIR MAROC ROYAL AIR MAROC
NIGERIA
Aeroplane Type
B-707-351C B-707-338C B-707-3F9C
Registration
5N-ASY 5N-ARQ 5N-ABK
Operator
EAS CARGO AIRLINES DAS AIR CARGO NIGERIA AIRWAYS Ltd
RWANDA
Aeroplane Type
B-707-328C
Registration
9XR-JA
Operator
AIR RWANDA
SUDAN
Aeroplane Type
B-707-338C
Registration
ST-ALP
Operator
TRANS ARABIAN AIR TRANSPORT
PARAGUAY
Aeroplane Type
DC-8-63
Registration
ZP-CCH
Operator
LINE AS AREAS PARAGUAYAS (AIR PARAGUAY)
URUGUAY
Aeroplane Type
B-707-387B
Registration
CX-BNU
Operator
PRIMERAS LNEAS URUGUAYAS DE NAVEGACIN AREA
10
SWAZILAND
Aeroplane Type
DC-8F-54
Registration
3D-ADV
Operator
AFRICAN INTERNATIONAL AIRWAYS (PTY) Ltd
TUNESIA
Aeroplane Type
B-727-2H3
Registration
TS-JHT
Operator
TUNIS AIR
ZAIRE
Aeroplane Type
B-707-329C
Registration
90-CBS
Operator
SCIBE AIRLIFT
ZIMBABWE
Aeroplane Type
B-707-330B B-707-330B
Registration
Z-WKU Z-WKV
Operator
AIR ZIMBABWE AFRICAN AIRLINES INTERNATIONAL
11
Exhaust system of motor vehicles : 92/97/EEC
COUNCIL DIRECTIVE 92/97/ EEC1 of 10 November 1992 amending Directive 70/157/EEC on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles
THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof, Having regard to the proposal from the Commission2, In cooperation with the European Parliament3, Having regard to the opinion of the Economic and Social Committee 4 , Whereas measures should be adopted with the aim of progressively establishing the internal market over a period expiring on 31 December 1992; whereas the internal market will comprise an area without internal frontiers in which the free movement of goods, persons, services and capital will be ensured; Whereas the European Parliament has already called on the Commission to submit a proposal in 1992 laying down the maximum permissible noise limits taking account of the noise disturbance thresholds defined by the Organization for Economic Cooperation and Development (OECD); Whereas Council Directive 70/157/EEC5 lays down limit values for the sound level of motor vehicles; whereas these limit values were reduced for the first time by Directive 77/212/EEC 6 and for the second time by Directive 84/424/EEC7; whereas these reductions were particularly severe in the case of motor buses, motor coaches and lorries, amounting to approximately 10 decibels (dB (A));
1 2 3 4 5 6 7
OJ No L 37, 19. 12. 1992, p. 1. OJ No C 193,24. 7. 1991, p. 3. OJ No C 125, 18.5. 1992, p. 182 and Decision of 28 October 1992 (not yet published in the Official Journal). OJNoC49, 24. 2. 1992, p. 7. OJ No L 42, 23. 2. 1970, p. 16, as last amended by Directive 89/491/EEC (OJ No L 238, 15.8. 1989, p. 43). OJ No L 66, 12. 3. 1977, p. 33. OJ No L 238, 6. 9. 1984, p. 31.
12
Exhaust system of motor vehicles : 92/97/EEC Whereas Council Directive 70/157/EEC is one of the separate directives of the EEC type-approval procedure established by Council Directive 70/156/EEC 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 1 ; Whereas the Council, in adopting Directive 84/424/EEC amending Directive 70/157/EEC, decided that the provisions of the Directive would later be reviewed on a proposal from the Commission; whereas the proposal from the Commission was based on studies and research concerning possible further legislative measures taking account simultaneously of all the main aspects of Community rules in the motor-vehicle sector, in particular those relating to safety, environmental protection and energy conservation; Whereas the protection of the public against noise pollution requires additional suitable measures to reduce still further the sound level of motor vehicles; whereas such measures must take account of the technological advances to be applied; whereas enough time must consequently be allowed for their implementation after adoption of this Directive so that the technological advances, at present at the prototype stage, can be applied to series production; whereas the limit values currently applicable to heavy goods vehicles took effect only from 1 October 1989; Whereas achievement of a significant and effective reduction of such nuisances will require that the differences between the measuring techniques in current use and the actual traffic conditions be reduced to the maximum extent possible; whereas certain types of technology cannot yet be verified and are not yet comparable with those used hitherto in the type-approval procedures for motor vehicles; Whereas the current measuring conditions, and in particular the definition of the surface of the test track and certain ambient conditions during the tests, such as temperature, atmospheric pressure, humidity, wind speed and background noise require more detailed description; whereas those closer details will be provided as soon as possible by means of the procedure referred to in Article 13 of Directive 70/156/EEC; Whereas, of the noise pollution emanating from vehicles, that caused by the tyres has proved to be particularly severe when the vehicles' speed exceeds 60 km/h; whereas protecting the public effectively against noise pollution, particularly that caused by traffic in urban areas, requires that two further stages be completed; whereas the first stage, covered by this Directive, consists in giving as much additional weight as possible to the current requirements for OJ No L 42, 23. 2. 1970, p. 1, as last amended by Directive 87/403/EEC (OJ No L 220, 8.8. 1987, p. 44).
13
Exhaust system of motor vehicles : 92/97/EEC each category of vehicle with respect to the sound levels of the mechanical parts and exhaust systems of motor vehicles; whereas the second stage - in the light of further, more detailed studies and research on the problems associated with, and the technical solutions for noise created by, the contact between tyres and the road surface - will result in the establishment of realistic and reproducible criteria and methods for determining this important type of noise pollution and for laying down the corresponding requirements to be complied with; Whereas completion of the first stage requires that Annex I to Directive 70/157/EEC be amended by reducing the sound-level values expressed in dB (A) for each category of vehicle referred to in the said Annex and by improving the test method for high-powered vehicles; whereas this type of vehicle is increasingly being designed so as to produce a higher ratio between engine power and vehicle mass and the curve representing the torque as a function of engine speed has been modified to produce greater motive force at low engine speed; whereas these new designs consequently give rise to greater use of gear ratios in urban traffic and have a major influence on the noise emitted by the mechanical parts as compared with road noise; whereas account has been taken of these new designs by modifying the measuring technique for this type of vehicle, due allowance having been made for the speed of approach to the acceleration section where the sound level is to be measured; Whereas, given the many different types of tyre and road surface which exist and which correspond to the different geographical and atmospheric conditions, it is necessary to continue studies and research so as to be able to establish criteria to be met by tyres and to define a numerical value for the typeapproval of motor vehicles; whereas the results of such studies and research will permit the introduction, at a second stage, of further requirements, in addition to measures covering noise of mechanical source; Whereas the control of sound emissions produced by the interaction between tyres and roadway must be based not only on tyres but also on the composition of the asphalt (noise-absorbing asphalt); whereas it is necessary to continue studies and research so as to be able to ascertain numerical indices in order to establish objective criteria for road conformity; Whereas Member States should be allowed to advance the authorization for introduction of vehicles which satisfy the Community standards by means of tax incentives; whereas this implies that the Council should, by 1 October 1995, adopt the requirements for the second stage, for which the Commission will present a proposal by 31 March 1994; Whereas, to enable the European environment to obtain maximum benefit from these provisions while at the same time ensuring the unity of the market, it is
14

necessary to lay down stricter European standards based on total harmonization, HAS ADOPTED THIS DIRECTIVE:
Article 1
The Annexes to Directive 70/157/EEC are hereby replaced by the Annexes to this Directive.Article 2 1. With effect from 1 July 1993, Member States may not, on grounds relating to the permissible sound level and the exhaust system: refuse, in respect of a type of motor vehicle, to grant'EEC typeapproval, to issue the document referred to in the last indent of Article 10(1) of Directive 70/156/EEC, or to grant national typeapproval, or prohibit the initial entry into service of vehicles,
if the sound level and the exhaust system of this type of vehicle or of these vehicles comply with the requirements of Directive 70/157/EEC as amended by this Directive. 2. With effect from 1 October 1995, Member States: may no longer grant EEC type-approval or issue the document referred to in the last indent of Article 10(1) of Directive 70/156/EEC in respect of a type of motor vehicle, must refuse to grant national type-approval in respect of a type of motor vehicle,
of which the sound level and the exhaust system do not comply with the requirements set out in the Annexes to Directive 70/157/EEC as amended by this Directive. 3. With effect from 1 October 1996, Member States shall prohibit the initial entry into service of motor vehicles of which the sound level and the exhaust systems do not comply with the requirements set out in the Annexes to Directive 70/157/EEC as amended by this Directive.
15
Article 3
Member States may make provision for tax incentives only in respect of motor vehicles which comply with this Directive. Such incentives must comply with the provisions of the Treaty and, in addition, must meet the following conditions: they must apply to all nationally-manufactured motor vehicles and all imported vehicles which are offered for sale on the market of a Member State and which meet, in advance, the requirements of this Directive due to be complied with in 1995, they shall be terminated with effect from the mandatory application of the sound level values laid down in Article 2 (3) for new motor vehicles, in respect of each type of motor vehicle, they must represent an amount substantially below the additional cost of the technical solutions introduced to ensure compliance with the established values and of their installation on the vehicle.
The Commission must be informed in good time of plans to institute or change tax incentives as referred to in the first subparagraph. The Commission must give its consent before such incentives are put into effect and must, in particular, take into account the impact of such incentives on the internal market.
Article 4
1. Specific details on the conditions of measurement shall be supplied as soon as possible via the procedure referred to in Article 13 of Directive 70/156/EEC. Subsequent measures intended, in particular, to reconcile safety requirements with the need to limit the noise arising from contact between tyres and the road surface shall be decided upon before 1 October 1995 by the Council acting by a qualified majority on the basis of a proposal from the Commission, which shall take account of the studies and research to be performed on this source of noise, and shall be presented by 31 March 1994. Member States shall take the necessary measures to have the typeapproval sound level values published in such a way as to make them widely accessible, before 1 October 1994. They shall inform the
2.
3.
16

Commission before this date of the steps taken to comply with this requirement.
Article 5
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 1993. They shall forthwith inform the Commission thereof. When Member States adopt these provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.
Article 6
This Directive is addressed to the Member States.
Done at Brussels, 10 November 1992. For the Council The President R. NEEDHAM
17
ANNEX I EEC TYPE-APPROVAL IN RESPECT OF THE SOUND LEVEL OF A TYPE OF MOTOR VEHICLE
1. DEFINITIONS For the purposes of this Directive: 1.1. Type of vehicle means vehicles which do not differ essentially as regards the following parts: 1.1.1. 1.1.2. 1.1.3. the shape or materials of the bodywork (particularly the engine compartment and its soundproofing); the length and width of the vehicle; the type of engine (positive or compression ignition, two- or four-stroke, reciprocating or rotary piston, number and capacity of cylinders, number and type of carburettors or injection systems, arrangement of valves, rated maximum power and corresponding engine speed(s)); the transmission system, the gear ratio in which the test is performed and the relevant overall ratio(s); the number, type and arrangement of the exhaust systems; the number, type and arrangement of the intake systems. Notwithstanding the provisions of items 1.1.2 and 1.1.4, vehicles other than those in categories Ml and N l 1 having the same type of engine and/or different overall gear ratios, may be regarded as vehicles of the same type. However, if the above differences provide for a different test method, these differences are to be considered as a change of type.
1.1.4. 1.1.5. 1.1.6. 1.1.7.
In accordance with the definition given in item 0.4 of Annex I to Directive 70/156/EEC (OJ No L 42, 23. 2. 1970, p. 16).
18

1.2. 1.2.1. Exhaust and intake systems Exhaust systems means a complete set of parts necessary to reduce the noise produced by the vehicle's engine exhaust. 1.2.2. Intake systems means a complete set of parts necessary to reduce the noise produced by the vehicle's engine intake. 1.2.3. 1.3. For the purposes of this Directive, these systems do not include the manifolds. Different types of exhaust or intake system means systems characterized by fundamental differences, such as the following: 1.3.1. 1.3.2. systems in which the components bea different trade marks or trade names; systems in which the characteristics of the materials of a component differ, or in which the components are of different shape or size; a change in the plating procedure (galvanization, aluminium coating, etc.) is not deemed to produce a difference of type; systems in which the operating principles of at least one component differ; systems in which the components are combined differently. Component of an exhaust or an intake system means one of the separate components which together form the exhaust system (e.g. exhaust pipes, the silencer proper) or the intake system (e.g. air filter). 1.5. Overall gear ratio means the number of turns made by the engine per each turn of the driving wheels.
1.3.3. 1.3.4. 1.4.
19
Exhaust system of motor vehicles : 92/97/EEC 2. 2.1. APPLICATION FOR EEC TYPE-APPROVAL The application for EEC type-approval in respect of the sound level of a type of motor vehicle must be submitted by the manufacturer of the vehicle or his authorized representative. It must be accompanied by the undermentioned documents in triplicate and the following information: .a description of the type of vehicle with reference to the points mentioned in item 1.1. The numbers and/or symbols identifying the engine type and vehicle type must be indicated; a list, with appropriate identification, of the component parts of the exhaust and intake systems; a drawing of the entire exhaust system with an indication of its position on the vehicle; a detailed drawing of each component so that it can be easily located and identified, and an indication of the materials used. A vehicle representative of the type in respect of which type-approval is sought must be submitted to the technical service responsible for the tests by the vehicle manufacturer or his authorized representative. In the case of item 1.1.7 the single vehicle, representative of the type in question , will be selected by the technical service conducting approval tests, in accordance with the vehicle manufacturer, as that with the lowest mass in running order with the shortest length and following the specification laid down in item 5.2.2.4.3.3.1.2. At the request of the technical service, a specimen of the exhaust system and an engine of at least the same cylinder capacity and rated maximum power as that fitted to the vehicle in respect of which type-approval is sought must also be submitted. Before granting type-approval the competent authority must verify the existence of satisfactory arrangements for ensuring effective control of the conformity of production.
2.2. 2.2.1.
2.2.2. 2.2.3. 2.2.4.
2.3.
2.3.1.
2.4.
2.5.
20
Exhaust system of motor vehicles : 92/97/EEC 3. 3.1. 3.1.1. 3.1.2. 3.2. 4. 4.1. MARKINGS The exhaust and intake system components, excluding fixing hardware and pipes, must bear: the trade mark or name of the manufacturer of the systems and their components; the manufacturer's trade description. These markings must be clearly legible and indelible, even when the system is fitted to the vehicle. EEC TYPE-APPROVAL If an application within the meaning of 2.1 is approved, the competent authority will draw up a certificate, corresponding to the type which appears in Annex III, to be attached to the EEC type-approval certificate for the vehicle. SPECIFICATIONS General specifications The vehicle, its engine and exhaust and intake systems must be designed, constructed and mounted such that, under normal conditions of use and notwithstanding the vibrations to which they may be subject, the vehicle satisfies the requirements of this Directive. The systems must be designed, constructed and mounted so that reasonable resistance to the corrosion phenomena to which they are exposed is obtained having regard to the conditions of use of the vehicle. Specifications relating to sound levels Method of measurement The sound emitted by the type of vehicle submitted for EEC type-approval must be measured in accordance with each of the two methods described in item 5.2.2.4 in the case of moving vehicles and item 5.2.3.4 in the case of stationary vehicles, respectively1. Vehicles having a maximum permissible mass exceeding 2 800 kg must be subjected to an additional measurement of
1
5. 5.1. 5.1.1.
5.1.2.
5.2. 5.2.1. 5.2.1.1.
A stationary vehicle test is conducted in order to establish a reference value for the authorities which employ this method for the inspection of vehicles in service.
21
Exhaust system of motor vehicles : 92/97/EEC the compressed air noise with the vehicle stationary in accordance with item 5.4, if corresponding brake equipment is part of the vehicle. 5.2.1.2. The values measured as specified in item 5.2.1.1 must be recorded in the test report and in a certificate corresponding to the model shown in Annex III. Details of the ambient conditions, namely, test track (type of surface), air temperature, wind (direction and speed) and ambient noise must also be recorded in the test report. Sound level of moving vehicles Limiting values The sound level measured in accordance with items 5.2.2.2 to 5.2.2.5, inclusive, of this Annex shall not exceed the following limits: Values expressed in dB (A) (decibels (A)) 74
5.2.2. 5.2.2.1.
Vehicle categories 5.2.2.1.1. Vehicles intended for the carriage of passengers, and comprising not more than nine seats including the driver's seat Vehicles intended for the carriage of passengers and equipped with more than nine seats, including the driver's seat; and having a maximum permissible mass of more than 3,5 tonnes and: - with an engine power of less than 150 kW - with an engine power of not less than 150 kW Vehicles intended for the carriage of passengers and equipped with more than nine seats including the driver's seat; vehicles intended for the carriage of goods: - with a maximum permissible mass not exceeding 2 tonnes - with a maximum permissible mass exceeding 2 tonnes but not exceeding 3,5 tonnes Vehicles intended for the carriage of goods and having a maximum permissible mass exceeding 3,5 tonnes: - with an engine power of less than 75 kW
5.2.2.1.2.
5.2.2.1.2.1. 5.2.2.1.2.2. 5.2.2.1.3.
78 80
5.2.2.1.3.1. 5.2.2.1.3.2. 5.2.2.1.4.
76 77
5.2.2.1.4.1.
77
22
Exhaust system of motor vehicles : 92/97/EEC Values expressed in dB (A) (decibels (A)) 78 80
Vehicle categories 5.2.2.1.4.2. 5.2.2.1.4.3. - with an engine power of not less than 75 kW but less than 150 kW - with an engine power of not less than 150 kW However:
for vehicles of categories 5.2.2.1.1 and 5.2.2.1.3, the limit values are increased by 1 dB (A) if they are equipped with a direct injection diesel engine, for vehicles with a maximum permissible mass of over two tonnes designed for off-road use, the limit values are increased by 1 dB (A) if their engine power is less than 150 kW and 2 dB (A) if their engine power is 150 kW or more, for vehicles in category 5.2.2.1.1., equipped with a manually operated gear box having more than four forward gears and with an engine developing a maximum power exceeding 140 kW/t and whose permissible maximum power/maximum mass ratio exceeds 75 kW/t, the limit values are increased by 1 dB (A) if the speed at which the rear of the vehicle passes the line BB' (Figure 1) in third gear is greater than 61 km/h.
5.2.2.2. 5.2.2.2.1.
Measuring instruments Acoustic measurements The apparatus used for measuring the noise level must be a precision sound-level meter of the type described in Publication 179 'Precision sound level meters', second edition, of the International Electrotechnical Commission (IEC). Measurements must be carried out using the 'fast' response of the sound-level meter and the 'A' weighting curve which are also described in that publication. At the beginning and end of each set of measurements, the sound-level meter must be calibrated according to the manufacturer's instructions by means of an appropriate sound source (e.g. a pistonphone). The test must be considered invalid if the sound-level meter errors registered during this calibration exceed 1 dB.
23
Exhaust system of motor vehicles : 92/97/EEC 5.2.2.2.2. Speed measurements The engine speed and vehicle speed on the test section shall be determined with an accuracy of 3 % or better. 5.2.2.3. 5.2.2.3.1. Conditions of measurement Test site The test site must consist of a central acceleration section surrounded by a substantially flat test area. The test accele ration section must be level; the track surface must be dry and such that rolling noise remains low. The test track must be such that the conditions of a free sound field between the sound source and the microphone are attained to within 1 dB. These conditions shall be deemed to be met if there are no large sound-reflecting objects such as fences, rocks, bridges or buildings within 50 m of the centre of the acceleration section. The test-track surface must comply with the specifications in Annex VI. There must be no obstacle which could affect the sound field within the vicinity of the microphone and no persons shall stand between the microphone and the sound source. The observer carrying out the measurements must so position himself as not to affect the readings of the measuring instru ment. 5.2.2.3.2. Meteorological conditions Measurements must not be made in poor atmospheric condi tions. It must be ensured that the results are not affected by gusts of wind. 5.2.2.3.3. Ambient noise For measurements, the -weighted sound level of sound sources other than those of the vehicle to be tested and of wind effects must be at least 10 dB (A) below the sound level produced by the vehicle. A suitable windscreen may be fitted to the microphone provided that account is taken of its effect on the sensitivity and directional characteristics of the microphone. 5.2.2.3.4. Condition of vehicle For these measurements, the vehicle must be in running order as defined in item 2.6 of Annex I to Directive 70/156/EEC and, except in the case of vehicles which cannot be uncoupled, without trailer or semi-trailer.
24
Exhaust system of motor vehicles : 92/97/EEC The vehicle's tyres must be of the type normally fitted to such vehicles by the manufacturer and must be inflated to the appropriate pressure(s) for the unladen vehicle. Before the measurements are made, the engine must be brought to its normal operating condition as regards tempe ratures, settings, fuel, spark plugs, carburettor(s), etc. (as appropriate). If the vehicle is fitted with fan(s) having an automatic actuating mechanism, this system must not be interfered with during the measurements. Only the normal highway drive must be engaged in vehicles with more than two drive wheels. 5.2.2.4. 5.2.2.4.1. Method of measurement Nature and number of measurements The maximum sound level expressed in -weighted deci bels (dB (A)) shall be measured as the vehicle is driven between lines AA' and BB' (Figure 1). The measurement shall be invalid if an abnormal discrepancy between the peak value and the general sound level is recorded. At least two measurements must be taken oh each side of the vehicle. 5.2.2.4.2. Positioning of the microphone The microphone must be located at a distance of 7,5 ' 0,2 m from the reference line CC' (Figure 1) of the track and 1,2 ' 0,1 m above the ground. Its axis of maximum sensitivity must be horizontal and perpendicular to the path of the vehicle (line C C ) . 5.2.2.4.3. 5.2.2.4.3.1. Conditions of operation General conditions For all measurements, the vehicle must be driven in a straight line over the acceleration section in such a way that the median longitudinal plane of the vehicle is as close as possible to the line CC'. The vehicle must approach the line AA' at a steady initial road speed as specified in items 5.2.2.4.3.2 and 5.2.2.4.3.3. When the front end of the vehicle has reached the line AA', the accelerator control is fully operated as rapidly as practi cable and held in the fully opened position until the rear of the vehicle reaches the line BB'; the accelerator control must be released as quickly as possible.
25
Exhaust system of motor vehicles : 92/97/EEC The trailers of articulated vehicles which cannot be uncoupled must not be taken into account as regards the crossing of line BB'. 5.2.2.4.3.2. Approach speed The vehicle must approach the line AA' at a steady speed corresponding to the lower of the following two speeds: 50 km/h, the speed corresponding to an engine speed equal to three-quarters of the speed, S, at which the engine develops its rated maximum power, in the case of vehicles of category M1 and in the case of vehicles of the other categories having an engine power not greater than 225 kW, the speed corresponding to an engine speed equal to half the speed, S, at which the engine develops its rated maximum power, in the case of vehicles not belonging to category Ml having an engine power greater than 225 kW." However, if in the case of vehicles equipped with an automatic transmission having more than two discrete ratios there is a change-down to first gear during the test, the manufacturer may select either of the following test procedures: the speed, V, of the vehicle is increased to a maximum of 60 km/h in order to avoid such a change-down, or the speed, V, must remain at 50 km/h and the fuel supply to the engine limited to 95 % of the supply necessary for full load. This condition is considered to be satisfied: in the case of a spark-ignition engine, when the angle of the throttle opening is 90 %, in the case of a compression-ignition engine, when the movement of the central rack of the injection pump is limited to 90 % of its travel.
and -
If the vehicle is equipped with an automatic transmission which has no manual override, it must be tested at different approach speeds, namely 30, 40, and 50 km/h, or at threequarters of maximum road speed if this value is lower. The test result is that obtained at the speed which produces the maximum sound level.
26
Exhaust system of motor vehicles : 92/97/EEC 5.2.2.4.3.3. 5.2.2.4.3.3.1. 5.2.2.4.3.3.1.1. Choice of gear ratios (in vehicles fitted with gearboxes) Manually-operated, non-automatic gearbox Vehicles in categories Ml andNl equipped with a manually operated gearbox having not more than four forward gear ratios must be tested in second gear. Vehicles in these categories equipped with a manually ope rated gearbox having more than four forward gear ratios must be tested in second and third gears successively. Only overall gear ratios intended for normal road use are consi dered. The arithmetic mean of the sound levels recorded for each of these two conditions shall be calculated. If during the test in second gear, the engine speed exceeds the engine speed, S, at which the engine develops its rated maximum power, the test must be repeated with an approach speed and/or approach engine speed reduced by steps of 5 % of S until the engine speed attained no longer exceeds S. However, the vehicles in category Ml having more than four forward gears and equipped with an engine developing a maximum power greater than 140 kW, and whose permis sible maximum-power/maximum-mass ratio exceeds 75 kW/t, may be tested in third gear only, provided that the speed at which the rear of the vehicle passes the line BB' in third gear is greater than 61 km/h. 5.2.2.4.3.3.1.2. Vehicles other than those in categories Ml and Nl in which the total number of forward gear ratios is (including the ratios obtained by means of an auxiliary gearbox or a mul tiple-ratio drive axle) must be tested using, in turn, ratios equal to or higher than x/n1 2 . The test result will be that obtained from the ratio producing the maximum sound level. Shifting up gears from x/n must be terminated in the gear X where the engine speed, S, at which the engine develops its
Where: = 2 for vehicles having an engine power not greater than 225 kW; = 3 for vehicles having an engine power greater than 225 kW. If x/n does not correspond to a whole number, the nearest higher ratio must be used
27
Exhaust system of motor vehicles : 92/97/EEC rated maximum power is for the last time reached when passing the line BB'. In the case of vehicles having different overall gear ratios (including a different number of gears) the representativity of the type by the test vehicle is determined as follows: if the highest sound level is obtained between the ratios x/n and X the vehicle selected is deemed representative of its type, if the highest sound level is obtained at ratio x/n the vehicle selected is deemed representative of its type only for those vehicles which have a lower overall gear ratio at x/n, f the highest sound level is obtained at ratio X the vehicle selected is deemed representative of its type only for those vehicles which have a higher overall gear ratio at X.
5.2.2.4.3.3.2.
Automatic transmission equipped with manual override The test is conducted with the selector in a position recommended by the manufacturer for 'normal' driving. External downshifts (e.g. kickdown) shall be put out of operation.
5.2.2.5. 5.2.2.5.1.
Interpretation of results To take account of inaccuracies in the measuring instruments, the result obtained from each measurement is determined by deducting 1 dB (A) from the meter reading. The measurements are considered valid if the difference between two consecutive measurements on the same side of the vehicle does not exceed 2 dB (A). The highest sound level measured shall constitute the test result. Should the result exceed the maximum permissible sound level for the category of vehicle tested by 1 dB (A), two further measurements shall be made at the corresponding microphone position. Three of the four measurements thus obtained at that microphone position must fall within the prescribed limits. Sound level of the stationr}' vehicle Sound level in the vicinity of vehicles In order to facilitate subsequent checks on vehicles in use, the sound level must be measured close to the exhaust
5.2.2.5.2.
5.2.2.5.3.
5.2.3. 5.2.3.1.
28

. system outlet in accordance with the following requirements and the measurement results entered in the test report drawn up for the purpose of issuing the certificate referred to in Annex III. 5.2.3.2. 5.2.3.2.1. Measuring instruments Acoustic measurements A precision sound-level meter as defined in item 5.2.2.2.1 must be used for the measurements. 5.2.3.2.2. Measurement of engine speed The engine speed is determined by means of a tachometer having an accuracy of 3 % or better. The tachometer may not be the one fitted to the vehicle. 5.2.3.3. 5.2.3.3.1. Conditions of measurement Test site (Figure 2) Any area not subject to significant acoustic disturbance may be used as a test site. Flat surfaces which are covered in concrete, asphalt or any other hard surfacing and possess a high degree of reflectivity are particularly suitable; surfaces consisting of earth which has been tamped down must not be used. The test site must be in the form of a rectangle, the sides of which are at least 3 m from the sides of the vehicle. This rectangle must not contain any significant obstacles, e.g. an individual other than the observer and the driver. The vehicle must be positioned within the abovementioned rectangle so that the microphone is at least 1 m from any kerbstone. 5.2.3.3.2. Meteorological conditions Measurements must not be made in poor atmospheric conditions. It must be ensured that the results are not affected by gusts of wind. 5.2.3.3.3. Ambient noise Readings on the measuring instruments produced by ambient noise and wind must be at least 10 dB (A) below the sound level to be measured. A suitable windscreen may be fitted to the microphone provided that account is taken of its effect on the sensitivity of the microphone.
29
Exhaust system of motor vehicles : 92/97/EEC 5.2.3.3.4. Condition of the vehicle The vehicle engine must be brought to normal running tem perature before measurements commence. If the vehicle is fitted with fan(s) having an automatic actuating mechanism, this system must not be interfered with during the soundlevel measurements. During measurements, the gear lever must be in the neutral position. 5.2.3.4. 5.2.3.4.1. Method of measurement Nature and number of measurements The maximum sound level expressed in -weighted deci bels (dB (A)) must be measured during the operating period referred to in item 5.2.3.4.3. At least three measurements must be taken at each measu ring point. 5.2.3.4.2. Position of the microphone (Figure 2) The microphone must be located level with the exhaust outlet or 0,2 m above the test-track surface, whichever is the higher. The microphone diaphragm must face the exhaust outlet at a distance of 0,5 m from the latter. The axis of maximum sensitivity of the microphone must be parallel to the track surface at an angle of 45' ' 10' to the vertical plane defined by the direction in which the exhaust gases are emitted. The microphone must be positioned to the side of this ver tical plane which gives the greatest possible distance between the microphone and the vehicle contour. If the exhaust system has several outlets, the centres of which are not more than 0,3 m apart, and which are con nected to the same silencer, the microphone must face the outlet closest to the vehicle contour or the outlet which is the highest above the track surface. In all other cases separate measurements must be taken at each of them, the highest figure recorded being taken as the test value. In the case of vehicles fitted with a vertical exhaust outlet (e.g. commercial vehicles), the microphone must be posi tioned at the level of the exhaust outlet, facing upwards with its axis vertical. It must be positioned at a distance of 0,5 m from the side of the vehicle closest to the exhaust outlet.
30

Where the design of the vehicle is such that the microphone cannot be located as shown in Figure 2 because of the presence of obstacles which form part of the vehicle (e.g. spare wheel, fuel tank, battery compartment), a drawing clearly indicating the position for the microphone must be made when the measurement is conducted. As far as possible, the microphone must be more than 0,5 m from the nearest obstacle, and its axis of maximum sensitivity must face the exhaust outlet from the position least concealed by the abovementioned obstacles. 5.2.3.4.3. Conditions of engine operation Engine speed must be stabilized at three-quarters of the speed (S) at which the engine develops rated maximum power. When constant engine speed is reached, the throttle must be rapidly returned to the idling position. The sound level must be measured over an operating period comprising brief maintenance of constant engine speed and the entire deceleration period, the maximum sound-level meter reading being taken as the test result. 5.2.3.5. 5.2.3.5.1. Results (test report) The test report drawn up for the purpose of issuing the certificate referred to in Annex III must indicate all relevant data, particularly those used in measuring the sound of the stationary vehicle. Readings, rounded off to the nearest decibel, shall be taken from the measuring instrument. Only those values obtained from three consecutive measurements which do not differ by more than 2 dB (A) respectively are taken into consideration. 5.2.3.5.3. 5.3. 5.3.1. The highest of these three values shall constitute the test results. Exhaust systems containing fibrous materials Fibrous materials may not be used in the construction of silencers unless suitable measures are undertaken at the design or production stages to ensure that the efficiency required to comply with the limits imposed in item 5.2.2.1 is achieved on the road. Such a silencer is considered to be efficient on the road if the exhaust gases are not in contact with the fibrous materials or if the silencer of the prototype
5.2.3.5.2.
31
Exhaust system of motor vehicles : 92/97/EEC vehicle tested in accordance with the requirements of items 5.2.2 and 5.2.3 has been put into a normal state for road use before the sound-level measurements are taken. This can be achieved by using one of the three tests described in items 5.3.1.1, 5.3.1.2 and 5.3.1.3, below, or by removing the fibrous materials from the silencer. 5.3.1.1. 5.3.1.1.1. Continuous road operation for 10 000 km About half this operation shall consist of town driving and the other half of long-distance runs at high speed; continuous road operation can be replaced by a corresponding test-track programme. The two speed regimes must be alternated on several occasions. The complete test programme must include a minimum of 10 breaks of at least three-hours duration in order to reproduce the effects of cooling and any condensation which may occur. Conditioning on a test bench Using standard parts and observing the vehicle manufacturer's instructions, the silencer must be fitted to the engine, which is coupled to a dynamometer. The.test must be conducted in six six-hour periods with a break of at least 12 hours between each period in order to reproduce the effect of cooling and any condensation which may occur. During each six-hour period, the engine shall be run under the following conditions in turn: 1. five minutes at idling speed; 2. one-hour sequence under 1/4 load at 3/4 of rated maximum speed (S); 3. one-hour sequence under 1/2 load at 3/4 of rated maximum speed (S); 4. 10-minute sequence under full load at 3/4 of rated maximum speed (S); 5. 15-minute sequence under 1/2 load at rated maximum speed (S); 6. 30-minute sequence under 1/4 load at rated maximum speed (S).
5.3.1.1.2. 5.3.1.1.3.
5.3.1.2. 5.3.1.2.1.
5.3.1.2.2.
5.3.1.2.3.
32

Total duration of the six sequences: three hours. Each period must comprise two sets of the six abovementioned sequences. 5.3.1.2.4. During the test, the silencer must not be cooled by a forced draught simulating normal airflow around the vehicle. Nevertheless, at the request of the manufacturer, the silencer may be cooled in order not to exceed the temperature recorded at its inlet when the vehicle is running at maximum speed. Conditioning by pulsation The exhaust system or components thereof must be fitted to the vehicle referred to in 2.3 or the engine referred to in 2.4. In the former case the vehicle must be mounted on a roller dynamometer. In the second case, the engine must be mounted on a dynamometer. The test apparatus, a detailed diagram of which is shown in Figure 3, must be fitted at the outlet of the exhaust system. Any other apparatus providing equivalent results is acceptable. 5.3.1.3.2. The test apparatus must be adjusted in such a way that the exhaust-gas flow is alternately interrupted and re-established by the quick-action valve for 2 500 cycles. The valve must open when the exhaust-gas back pressure, measured at least 100 mm downstream of the intake flange, reaches a value of between 0,35 and 0,40 bar. It must close when this pressure does not differ by more than 10 % from its stabilized value with the valve open. The time-delay switch shall be set for the duration of gas exhaust resulting from the provisions laid down in item 5.3.1.3.3 above. Engine speed must be 75 % of the speed (S) at which the engine develops maximum power. The power indicated by the dynamometer must be 50 % of the full-throttle power measured at 75 % of engine speed (S). Any drainholes must be closed off during the test. The entire test must be completed within 48 hours. If necessary, one cooling period may be observed after each hour.
5.3.1.3. 5.3.1.3.1.
5.3.1.3.3.
5.3.1.3.4.
5.3.1.3.5. 5.3.1.3.6.
5.3.1.3.7. 5.3.1.3.8.
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Exhaust system of motor vehicles : 92/97/EEC 5.3.2. If the provisions of Article 8 (3) of Directive 70/156/EEC concerning EEC type-approval are to be applied, the test method set out in item 5.3.1.2 above must be employed. Compressed air noise Method of measurement The measurement is performed at microphone positions 2 and 6 according to Figure 4, with the vehicle stationary. The highest -weighted noise levels are registered during venting the pressure regulator and during ventilating after the use of both the service and parking brakes. The noise during venting the pressure regulator is measured with the engine at idling speed. The ventilating noise is registered while operating the service and parking brakes; before each measurement, the air-compressor unit has to be brought up to the highest per missible operating pressure, and then the engine switched off. 5.4.2. Evaluation of the results For all microphone positions two measurements are taken. In order to compensate for inaccuracies of the measuring equipment, the meter reading is reduced by 1 dB (A), and the reduced value is taken as the result of measurement. The results are taken as valid if the difference between the measurements at one and the same microphone position does not exceed 2 dB (A). The highest value measured is taken as the test result. If this value exceeds the noise limit by 1 dB (A), two additional measurements are to be taken at the corresponding micro phone position. In this case three out of the four results of measurement thus obtained at that microphone position must have to comply with the noise limit. 5.4.3. Limiting value The sound level shall not exceed the limit of 72 dB (A).
5.4. 5.4.1.
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Exhaust system of motor vehicles : 92/97/EEC 6. 6.1. 6.1.1. EXTENSION OF EEC TYPE-APPROVAL Vehicle types modified to run on unleaded petrol Approval of a vehicle type modified and/or adjusted solely for the purpose of making it capable of running on unleaded petrol, as specified in Directive 85/210/EEC, is extended when the manufacturer certifies, subject to the approval of the authority granting type approval, that the sound level for the modified vehicle shall not exceed the limiting values specified in item 5.2.2.1. Vehicle types modified for any other purpose Approval of a vehicle type may be extended to vehicle types differing with regard to the characteristics listed in Annex III if the authority granting type approval considers that the modifications made are not likely to have any substantial adverse effect on the sound level of the vehicle. CONFORMITY OF PRODUCTION Every vehicle manufactured following the requirements of this Directive shall conform to the vehicle type approved, and satisfy the requirements of section 5. In order to verify that the requirements of item 7.1 are met, adequate monitoring of the production shall be carried out. The holder of the approval shall in particular: ensure existence of procedures for the effective control of the quality of products; have access to the control equipment necessary for checking the conformity of each approved type; ensure that test result data are recorded and that annexed documents remain available for a period to be determined in accordance with the administrative service; analyze the results of each type oftest, in order to verify and ensure the stability of the product characteristics making allowance for variation of an industrial production; ensure that for each type of product at least the tests prescribed in Annex V (I) are carried out; ensure that any sampling or test pieces giving evidence of non-conformity with the type of test considered shall give rise to another sampling and another test. All the necessary
6.2. 6.2.1.
7. 7.1.
7.2. 7.3. 7.3.1. 7.3.2. 7.3.3.
7.3.4.
7.3.5. 7.3.6.
35
Exhaust system of motor vehicles : 92/97/EEC steps must be taken to re-establish the conformity of the corresponding production. 7.4. The competent authority which has granted type-approval may at any time verify the conformity control method applicable to each production unit. At every inspection the test books and production survey records must be presented to the visiting inspector. The inspector may take samples at random which will be tested in the manufacturer's laboratory. The minimum number of samples may be determined according to the results of the manufacturer's own verification. When the quality level appears unsatisfactory or when it seems necessary to verify the validity of the tests carried out in application of item 7.4.2 the Inspector must select samples to be sent to the technical service which has conducted the type approval tests. The competent authority may carry out any test prescribed in Annex I. The normal frequency of inspections by the competent authority is one every two years. If unsatisfactory results are recorded during one of these visits, the competent authority must ensure that all necessary steps are taken to re-establish the conformity of production as rapidly as possible.
7.4.1. 7.4.2.
7.4.3.
7.4.4. 7.4.5.
36
Exhaust system of motor vehicles : 92/97/EEC Figure 1 Microphone positions for the measurement of a moving vehicle
10m
Microphone O-
7,5m
7 5m '
Microphone -O
10m
37
Exhaust system of motor vehicles : 92/97/EEC Figure 2 Test site and microphone positions for the measurement of a stationary vehicle All distances are given in metres
M
. <0,3 m 4 5 1 0 ^ * 0,3 m '4510 5m
Height of Microphone
Exhaust pipe pointing upwards
' >0,2 m
J!
IL
0,5 m
~~--5
38
Exhaust system of motor vehicles : 92/97/EEC Figure 3 Test apparatus for conditioning by pulsation
1) 2) 3) 4) 5) 6) , 7)
Inlet flange or sleeve for connection to the rear of the test exhaust system. Hand-operated regulating valve. Compensating reservoir having a capacity of 35 to 40 litres. Pressure switch with an operating range of 0,05 to 2,5 bar. Time delay switch. Impulse counter. Quick response valve, such as exhaust brake valve, 60 mm in diameter, operated by a pneumatic cylinder with an output of 120 N at 4 bar. The response time, both when opening and closing, must not exceed 0,5 seconds. Exhaust gas evacuation. Flexible pipe. Pressure gauge.
8) 9) 10)
39
Exhaust system of motor vehicles : 92/97/EEC Figure 4 Microphone positions for measurement of compressed air noise
7,0 m Microphone 6 O -
Microphone
The measurement is performed on the stationary vehicle according to Figure 4, using two microphone positions at a distance of 7 m from the contour of the vehicles, and at 1,2 m above the ground.
40
ANNEX II EEC TYPE-APPROVAL OF EXHAUST SYSTEMS AS SEPARATE TECHNICAL UNITS (REPLACEMENT EXHAUST SYSTEMS)
0. SCOPE This Annex applies to the type-approval, as separate technical units within the meaning of Article 9a of Directive 70/156/EEC, of exhaust systems or components thereof to be fitted to one or more given types of motor vehicle in categories Ml and Nl as replacement parts. 1. 1.1. DEFINITIONS Replacement exhaust system or component thereof means any part of the exhaust system defined in section 1.2.1 of Annex I intended to replace on a vehicle a part of the type granted EEC type-approval with the vehicle in accordance with Annex I. APPLICATION FOR EEC TYPE-APPROVAL Application for ECC type-approval in respect of a replacement exhaust system or component thereof as a separate technical unit must be submitted by the vehicle manufacturer, the manufacturer of the separate technical unit in question or by their authorized representatives. Application for EEC type-approval in respect of each type of replacement exhaust system or component thereof must be accompanied by the undermentioned document in triplicate and the following information: a description of the type(s) of vehicle to which the system or components thereof are to be fitted with reference to the characteristics mentioned in item 1.1 of Annex I. The numbers and/or symbols designating the engine and vehicle type must be indicated, a description of the replacement exhaust system indicating the relative position of each system component, together with mounting instructions,
2. 2.1.
2.2.
2.2.1.
2.2.2.
41
Exhaust system of motor vehicles : 92/97/EEC 2.2.3. detailed drawings of each component, so that they can be easily located and identified, and reference to the materials used. These drawings must indicate the place provided for the compulsory affixing of the EEC type-approval. 2.3. 2.3.1. 2.3.2. 2.3.3. At the request of the technical service concerned, the applicant must submit: two examples of the system in respect of which application for EEC type-approval has been made, an exhaust system of the type originally fitted to the vehicle when EEC type-approval was granted, a vehicle representative of the type to which the system is to be fitted, which: as far as its noise level when moving is concerned, must be in such a condition that it respects the limits in section 5.2.2.1 of Annex I' and does not exceed by more than 3 dB (A) the values obtained during the type-approval, as far as its noise level when stationary is concerned, respects the value obtained during the type-approval,
and 2.3.4. 2.4.
a separate engine corresponding to the type of vehicle described above. Before granting type approval the competent authority must verify the existence of satisfactory arrangements for ensuring effective control of the conformity of production. MARKINGS The replacement exhaust system or its components, excluding fixing hardware and pipes must bear: the trademark or trade name of the manufacturer of the replacement system and its components, the manufacturer's trade description, the EEC type-approval number.
3. 3.1. 3.1.1. 3.1.2. 3.1.3.
As prescribed in the version of this Directive applicable to vehicle type-approval.3.2.These marks must be clearly legible and indelible, even when the system is fitted to the vehicle.
42
Exhaust system of motor vehicles : 92/97/EEC 4. 4.1. EEC TYPE-APPROVAL If an application within the meaning of 2.1 is approved, the competent authority must draw up a certificate corresponding to the model shown in Annex IV. The type-approval number must be preceded by the distinctive letter(s) of the country granting EEC type-approval. SPECIFICATIONS General specifications The replacement exhaust systems or component thereof must be designed, constructed and capable of being mounted so as to ensure that the vehicle complies with the provisions of this Directive under normal conditions of use, notwithstanding any vibrations to which it may be subject. The exhaust system or components thereof must be designed, constructed and capable of being mounted so that reasonable resistance to the corrosion phenomena to which it/they is/are exposed is obtained having regard to the conditions of use of the vehicle. Specifications relating to sound levels The acoustic efficiency of the replacement exhaust system or component thereof must be checked using the methods described in sections 5.2.2.4 and 5.2.3.4 of Annex I1. When the replacement exhaust system or component thereof is mounted on the vehicle referred to in section 2.3.3 of this Annex, the sound levels obtained using the two methods (stationary and moving vehicle) must satisfy one of the following conditions: 5.2.1.1. 5.2.1.2. they must not exceed the values obtained when this type of vehicle was granted EEC type-approval; they must not exceed the sound level values measured on the vehicle, referred to in 2.3.3, when this is fitted with an exhaust system of the same type as that fitted to the vehicle when EEC type-approval was granted. Measurement of vehicle performance
5. 5.1. 5.1.1.
5.1.2.
5.2. 5.2.1.
5.3.
As prescribed in the version of this Directive applicable to vehicle type-approval.With the throttle completely open, the engine must be loaded so as to obtain the engine speed (S) corresponding to the rated maximum power.
43
Exhaust system of motor vehicles : 92/97/EEC 5.3.1. The replacement exhaust system or components thereof must be such as to ensure that vehicle performance is comparable with that achieved with the original equipment exhaust system or component thereof. The replacement exhaust system or, depending on the manufacturer's choice, the components of this system, must be compared with the original equipment exhaust system or components thereof, which are also in new condition, fitted in turn to the vehicle referred to in 2.3.3. The check must take the form of a measurement of pressure loss under the conditions specified in 5.3.4.1 or 5.3.4.2. The value measured with the replacement exhaust system must not exceed the value measured with the original equipment system by more than 25 % under the conditions mentioned below. Test method Engine test method The measurement must be conducted on the engine referred to in 2.3.4 coupled to a dynamometer. With the throttle completely open, the bench must be so adjusted as to obtain the engine speed (S) corresponding to the rated maximum power of the engine. For the measurement of back pressure, the pressure tap must be placed at the distance from the exhaust manifold specified in Figures 1, 2 and 3. 5.3.4.2. Vehicle test method The measurements must be carried out on the vehicle referred to in item 2.3.3. The test must be conducted: - either on road, or - on a roller dynamometer. For the measurement of back pressure, the pressure tap must be placed at the distance from the exhaust manifold specified in Figures 1, 2 and 3.
5.3.2.
5.3.3.
5.3.4. 5.3.4.1.
44
Exhaust system of motor vehicles : 92/97/EEC 5.4. Additional provisions in respect of exhaust systems or components thereof filled with fibrous materials Fibrous materials must not be used in the manufacture of replacement exhaust systems or components thereof unless appropriate measures are taken during the design and production stages to ensure that a level of efficiency is attained corresponding to the limits set out in section 5.2.2.1 of Annex I. Such a silencing system is deemed to be effective in traffic if the exhaust gases are not in contact with the fibrous materials or if, after the removal of the fibrous materials, the sound levels comply with the requirements set out in 5.2.1, when the exhaust system is tested on a vehicle in accordance with the methods described in sections 5.2.2 and 5.2.3 of Annex I. If this condition is not observed, the entire exhaust system must be subjected to conditioning. This must be done using one of the three methods described in sections 5.3.1.1, 5.3.1.2 and 5.3.1.3 of Annex I. After conditioning, the sound level must be checked as specified in 5.2.1 above. When the procedure described in item 5.2.1.2 is employed, the applicant for EEC type-approval may ask for the conditioning of the original equipment exhaust system or submit one which has been emptied. 6. 6.1. CONFORMITY OF PRODUCTION Any replacement exhaust system or component thereof bearing an EEC type-approval number pursuant to this Directive must conform to the approved type of exhaust system and comply with the requirements of section 5. In order to verify that the requirements of item 6.1 are met, adequate monitoring of the production shall be carried out. The holder of the approval must in particular: ensure the existence of procedures for effective control of the quality of products; have access to the testing equipment necessary for checking the conformity of each approved type;
6.2. 6.3. 6.3.1. 6.3.2.
45
Exhaust system of motor vehicles : 92/97/EEC 6.3.3. ensure that test result data are recorded and that annexed documents shall remain available for a period to be determined in agreement with the administrative service; analyze the results of each type of test, in order to verify and ensure the stability of the product characteristics making allowance for variation of an industrial production; ensure that for each type of product at least the tests prescribed in Annex V (II) are carried out; ensure that sampling or test pieces giving evidence of nonconformity in the type of test in question give rise to a further sampling and test. All the necessary steps must be taken to restore conformity of the corresponding production. The competent authority which has granted type-approval may at any time verify the conformity control method applicable to each production unit. At every inspection the test books and production survey records must be presented to the visiting inspector. The inspector may take samples at random for testing in the manufacturer's laboratory. The minimum number of samples may de determined according to the results of the manufacturer's own verification. When the quality level appears unsatisfactory or when it seems necessary to verify the validity of the tests carried out in application of 6.4.2, the inspector must select samples to be sent to the technical service which has conducted the type approval tests. The competent authority may carry out any test prescribed in Annex I. The normal frequency of inspections by the competent authority is one every two years. If unsatisfactory results are recorded during one of these visits, the competent authority must ensure that all necessary steps are taken to restore conformity of production as rapidly as possible.
6.3.4.
6.3.5. 6.3.6.
6.4.
6.4.1. 6.4.2.
6.4.3.
6.4.4. 6.4.5.
46
Exhaust system of motor vehicles : 92/97/EEC Back pressure - measuring points
SP
max. 450 mm mm. 150 mm
Figure 1
Single pipe
Figure 2 (')
Partly twin pipe mm. 100 mm
mm. 150 mm
Figure 3
Twin pipe
Two measuring points joined to give one reading
(1) If this is not possible, use Figure 3.
47
ANNEX III
MODEL Maximum size: A4 (210 ' 297 mm) (Name of administration)
ANNEX TO THE EEC VEHICLE TYPE-APPROVAL CERTIFICATE RELATING TO SOUND LEVEL

(Articles 4 (2) and 10 of 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) In the light of the amendments made pursuant to Directive 92/97/EEC
EEC type-approval No:
1.
Trademark or trade name of vehicle:
2. 2.1.
Vehicle type: If necessary, list of vehicles covered by section 5.2.2.4.3.3.1.2 of Annex I:
3.
Manufacturer's name and address:
4.
If applicable, name and address of the manufacturer's authorized representative:
5.
Engine
48
Exhaust system of motor vehicles : 92/97/EEC 5.1. 5.2. 5.3. 5.4. 6. 6.1. Manufacturer: Type: Model: Rated maximum power1: rev/min. kW at
Transmission: non-automatic gearbox / automatic gearbox2. Number of gears:
7.
Equipment: /
7.1.
Exhaust silencer
7.1.1. Manufacturer or authorized representative (if any): 7.1.2. Model: 7.1.3. Type: 7.2. Intake silencer in accordance with drawing No: .
7.2.1. Manufacturer or authorized representative (if any): 7.2.2. Model: 7.2.3. Type: 7.3. Tyre size: in accordance with drawing No:
1 2
Established in accordance with Directive 80/1269/EEC. Delete where inapplicable.
49
Exhaust system of motor vehicles : 92/97/EEC Measurements 8.1. Sound level of moving vehiclem
Measurement results Left-hand side dB (A)" First measurement Second measurement Third measurement Fourth measurement Test result:
(l1
Right-hand side dB(A)C)
Position of gear lever
dB (A)/E<2>
The measurement values are given with the 1 dB (A) deduction in accordance with provisions of item 5.2.2.5.1 of Annex I. (21 E' indicates that the measurements in question were conducted in accordance with this Directive. 8.3.
Sound level of stationary vehicle

dB(A)(1) First measurement Second measurement Third measurement Test result: dB (A)/E (2))
(1) The measurement values are given with the 1 dB (A) deduction in accordance with provisions of item 5.2.2.5.1 of Annex I. "J'E' indicates that the measurements in question were conducted in accordance with this Directive. 8.3.
Nombre dc tours du moteur
50

8.3. Sound level of compressed air noise
Measurement results Left-hand side dB (A)< First measurement Second measurement Third measurement Test result:
(l)
Right-hand side dB (A)
dB (A) )
The measurement values are given with the 1 dB (A) deduction in accordance with the provision of section 5.4. 2 of Annex I. 9. Date on which vehicle was submitted for type-approval:
10.
Technical service responsible for type-approval tests:
11.
Date of test report issued by that service:
12.
Number of test report issued by that service:
13.
Type-approval in respect of sound levels is hereby granted / refused 1 .
14.
Place:
15.
Date:
16.
Signature:
Delete where inapplicable.
51
Exhaust system of motor vehicles : 92/97/EEC 17. The following documents bearing the ahovementioned type-approval number are attached to this Annex (to be completed if necessary):
18.
Remarks:
52
ANNEX IV
MODEL Maximum size: A4 (210 ' 297 mm) (Name of administration)
EEC TYPE-APPROVAL CERTIFICATE IN RESPECT OF A SEPARATE TECHNICAL UNIT

(Article 9a of Council Directive 70/156/EEC 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) Separate technical unit: replacement exhaust system
EEC type-approval number of the separate technical unit:
1. 2.
Trademark or trade name: Type:
3.
Manufacturer's name and address:
4.
If applicable, name and address of the manufacturer's authorized representative:
5.
Composition of the separate technical unit:
53
Exhaust system of motor vehicles : 92/97/EEC 6. Trademark or trade name of the type(s) of motor vehicle to which the silencer is to be fitted1:
7.
Type(s) of vehicle and its/their type-approval number(s):
Engine .1. 8.2. 8.3. 8.4. 9. Type (positive ignition, diesel): Cycles: two-stroke, four-stroke: Total cylinder capacity: Rated maximum engine power2: Number of gear ratios: kWat rev/min.
10.
Gear ratios employed:
11.
Drive-axle ratio(s):
12. 13.
Sound-level values: moving vehicle: eration at stationary vehicle: Variation in back pressure: dB (A), speed stabilized before accelkm/h, dB (A), at rev/min.
If several types are indicated, items 7 to 14 inclusive must be completed in respect of each type. Established in accordance with Directive 80/1269/EEC. 12.
54

14. Any restrictions in respect of use and mounting requirements:
15.
Date on which the model was submitted for the issue of an EEC typeapproval certificate in respect of a separate technical unit:
16.
Technical service:
17.
Date of the test report issued by that technical service:
18.
Number of test report issued by that technical service:
19. 20.
EEC type-approval of the separate technical unit is hereby granted / refused1 Place:
21.
Date:
22.
Signature:
23.
The following documents bearing the abovementioned type-approval number of the separate technical unit in question are attached to this Annex (to be completed if necessary):
24.
Remarks:
Delete where inapplicable.
55
ANNEX V CHECKS ON CONFORMITY OF PRODUCTION I. VEHICLES

1. General
These requirements are consistent with the test to be held to check conformity of production, pursuant to sections 7.3.5 and 7.4.3 of Annex I. 2. Testing procedures
The methods of testing, measuring instruments and interpretation of results shall be those described in Annex I. The vehicle(s) under test shall be subjected to the test for measurement of noise of vehicle in motion as described in section 5.2.2.4 of Annex I. 3. Sampling
One vehicle has to be chosen. If after the test in 4.1 below the vehicle is not considered to conform to the requirements of this Directive, two more vehicles have to be tested. 4. 4.1. Evaluation of the results If the sound level of the vehicle tested pursuant to sections 1 and 2 does not exceed by more than 1 dB (A) the limit values prescribed in item 5.2.2.1 of Annex I, the vehicle type shall be considered to conform to the requirements of this Directive. If the vehicle tested according to 4.1 does not satisfy the requirements laid down in that section, two more vehicles of the same type must be tested pursuant to sections 1 and 2. If the sound level of the second and/or third vehicle of 4.2 exceeds by more than 1 dB (A) the limit values prescribed in section 5.2.2.1 of Annex I, the vehicle type is considered not to conform to the requirements of this Directive and the manufacturer must take the necessary measures to restore the conformity.
4.2.
4.3.
56
Exhaust system of motor vehicles : 92/97/EEC II. REPLACEMENT EXHAUST SYSTEMS

1. General
These requirements are consistent with the test to be held to check conformity of production, pursuant to sections 6.3.5 and 6.4.3 of Annex II. 2. Testing procedures
The methods of testing, measuring instruments and interpretation of results are those described in Annex II. The exhaust system or component under test must be subjected to the test as described in Annex II, section 5. 3. Sampling
An exhaust system or component has to be chosen. If, after the test in 4.1, the sample is not considered to conform to the requirements of this Directive, two more samples have to be tested. 4. 4.1. Evaluation of the results If the sound level of the exhaust system or component, tested pursuant to sections 1 and 2, measured in accordance with section 5.2 of Annex II, does not exceed by more than 1 dB (A) the level measured during the EEC type-approval tests of this type of exhaust system or component, the exhaust system or component type is considered to conform to the requirements of this Directive. If the exhaust system or component tested according to 4.1 does not satisfy the requirements laid down in that section, two more exhaust systems or components of the same type must be tested pursuant to sections 1 and 2 above. If the sound level of the second and/or third sample of 4.2 exceeds by more than 1 dB (A) the level measured during the EEC type-approval tests of this type of exhaust system or component, the exhaust system or component type is considered not to conform to the requirements of this Directive and the manufacturer must take the necessary measures to restore the conformity.
4.2.
4.3.
57
ANNEX VI TEST TRACK SPECIFICATIONS

This Annex lays down specifications relating to the physical characteristics of the paving and the layout of the test track paving. 1. REQUIRED CHARACTERISTICS OF THE SURFACE
A surface is considered to conform to this Directive provided that the texture and voids content or sound absorption coefficient have been measured and found to fulfill all the requirements given in 1.1 to 1.4 and provided that the design requirements (Section 2.2) have been met. 1.1. Residual voids content
The residual voids content, Vc, of the test track paving mixture shall not exceed 8 %. See section 3.1 for measurement procedure. 1.2. Sound absorption coefficient
If the surface fails to comply with the residual voids content requirement, the surface is acceptable only if its sound absorption coefficient, , is < 0,10. See section 3.2 for measurement procedure. The requirement of section 1.1. and 1.2. is met also if only sound absorption has been measured and found to be: < 0,10. 1.3. Texture depth
The texture depth (TD) measured according to the volumetric method (see sec tion 3.3) shall be: TD > 0,4mm 1.4. Homogeneity of the surface
Every practical effort shall be taken to ensure that the surface is made to be as homogenous as possible within the test area. This includes the texture and voids content, but it should also be observed that if the rolling process results in more effective rolling at some places than at others, the texture may be dif ferent and uneveness causing bumps may also occur.
58

1.5. Period of testing
In order to check whether the surface continues to conform to the texture and voids content or sound absorption requirements stipulated in this standard, periodic testing of the surface shall be done at the following intervals: a) for residual voids content or sound absorption: when the surface is new, if the surface meets the requirement when new, no further periodical testing is required. If it does not meet the requirement when it is new, it may do so later because surfaces tend to become clogged and compacted with time; b) for texture depth (TD): 2. 2.1. when the surface is new, when the noise testing starts (NB: not before four weeks after laying), then every twelve months.
TEST SURFACE DESIGN Area
When designing the test track layout it is important to ensure that, as a minimum requirement, the area traversed by the vehicles running through the test strip is covered with the specified test material with suitable margins for safe and practical driving. This will require that the width of the track is at least 3 m and the length of the track extends beyond lines AA and BB by at least 10 m at either end. Figure 1 shows a plan of a suitable test site and indicates the minimum area which shall be machine laid and machine compacted with the specified test surface material.
59
Exhaust system of motor vehicles : 92/97/EEC Figure 1 Minimum requirements for test surface area The shaded part is called 'test area'
No large acoustically reflective objects within this radius
|7.5m
/
[TJ Min. area covered with test road surface /
/
O Microphone (h = 1,2 m) /
2.2.
Design requirements for the surface
The test surface shall meet four design requirements: 1) 2) 3) 4) it shall be a dense asphaltic concrete; the maximum chipping size shall be 8 mm (tolerances allow from 6,3 to 10 mm); the thickness of the wearing course shall be > 30 mm; the binder shall be a straight penetration grade bitumen without modification.
As a guide to the test surface constructor, an aggregate grading curve which will give desired characteristics is shown in figure 2. In addition, table 3 gives
60
Exhaust system of motor vehicles : 92/97/EEC some guidelines in order to obtain the desired texture and durability. The grading curve fits the following formula: (% passing) = 100 (d/d max ) where d= square mesh sieve size, in mm d max =8 mm for the mean curve d max =10 mm for the lower tolerance curve d max =6,3 mm for the upper tolerance curve In addition to the above, the following recommendations are given: the sand fraction (0,063 mm < square mesh sieve size < 2 mm) shall include no more than 55 % natural sand and at least 45 % crushed sand, the base and sub-base shall ensure a good stability and evenness, according to best road construction practice, the chippings shall be crushed (100 % crushed faces) and of a material with a high resistance to crushing, the chippings used in the mix shall be washed, no extra chippings shall be added on to the surface, the binder hardness expressed as PEN value shall be 40 to 60, 60 to 80 or even 80 to 100, depending on the climatic conditions of the country. The rule is that as hard a binder as possible shall be used, provided this is consistent with common practice, the temperature of the mix before rolling shall be chosen so as to achieve by subsequent rolling the required voids content. In order to increase the probability of satisfying the specifications of sections 1.1 to 1.4, the compactness shall be studied not only by an appropriate choice of mixing temperature, but also by an appropriate number of passings and by the choice of compacting vehicle.
m
61
Exhaust system of motor vehicles : 92/97/EEC Figure 2 Grading curve of the aggregate in the asphaltic mix, with tolerances
100
n ass)
C
i\
~ \ \ /// , \/ / y/
il \J
\ \ '\ L :
i
I \ \ \ \ \
\ \
-
\ \ \ \ \
\ \ \ \ \///
\
passir
r
\
r
DU
\ \ \ \ \
0
r//
\ \
M^
\
lull!
\ \ \
% \ \
8
i\ \
%
r
^5^
jIIII
''
j4 5,6
MM
M i l
11,2 16 20 25 32
Sieve size in mm
Table 3 : Design guidelines Target values By total mass of mix Mass of stones, Square Mesh Sieve (SM) >2 mm MassofsandO,063<SM<2 mm Mass offillerSM < 0,063 mm Mass of binder (bitumen) Maximum chipping size Binder hardness Polished stone value (PSV) Compactness, relative to Marshall com pactness 47,6% 38,0% 8,8% 5,8% 8 mm (see below) >50 98% By mass of the apprecate 50,5% 40,2% 9,3% N.A. 5 5 +2 5 6,3 10 Tolerances
62
Exhaust system of motor vehicles : 92/97/EEC 3. 3.1. TEST METHODS Measurement of the residual voids content
For the purpose of this measurement, cores have to be taken from the track at least at four different positions which are equally distributed in the test area between lines AA and BB (see figure 1). In order to avoid inhomogeneity and unevenness in the wheel tracks, cores should not be taken in the wheel tracks themselves, but close to them. Two cores (minimum) should be taken close to the wheel tracks and one core (minimum) should be taken approximately midway between the wheel tracks and each microphone location. If there is a suspicion that the condition of homogeneity is not met (see section 1.4), cores shall be taken from more locations within the test area. The residual voids content has to be determined for each core. Then the average value from all cores shall be calculated and compared with the requirement of section 1.1. In addition, no single core shall have a voids value which is higher than 10 %. The test surface constructor is reminded of the problem which may arise when the test area is heated by pipes or electrical wires and cores must be taken from this area. Such installations must be carefully planned with respect to future core drilling locations. It is recommended to leave a few locations of size approximately 200 300 mm where there are no wires or pipes, or where the latter are located deep enough in order not to be damaged by cores taken from the surface layer. 3.2. Sound absorption coefficient
The sound absorption coefficient (normal incidence) shall be measured by the impedance tube method using the procedure specified in ISO/DIS 10534: 'Acoustics - Determination of sound absorption coefficient and impedance by a tube method'. Regarding test specimens, the same requirements shall be followed as regarding the residual voids content (see section 3.1). The sound absorption shall be measured in the range 400 to 800 Hz and in the range 800 to 1 600 Hz (at least at the centre frequencies of third octave bands) and the maximum values shall be identified for both of these frequency ranges. Then these values, for all test cores, shall be averaged to constitute the final result.
63
Exhaust system of motor vehicles : 92/97/EEC 3.3. Volumetric macrotexture measurement
For the purposes of this standard, texture depth measurements shall be made on at least 10 positions evenly spaced along the wheel tracks of the test strip and the average value taken to compare with the specified minimum texture depth. See Annex F to Draft Standard ISO/DIS 10844 for a description of the procedure. 4. 4.1. STABILITY IN TIME AND MAINTENANCE Age influence
In common with many other surfaces, it is expected that the tyre/road noise levels measured on the test surface may increase slightly during the first six to 12 months after construction. The surface will achieve its required characteristics not earlier than four weeks after construction. The influence of age on the noise from trucks is generally less than that from cars. The stability over time is determined mainly by the polishing and compaction by vehicles driving on the surface. It shall be periodically checked as stated in section 1.5. 4.2. Maintenance of the surface
Loose debris or dust which could significantly reduce the effective texture depth must be removed from the surface. In countries with winter climates, salt is sometimes used for de-icing. Salt may alter the surface temporarily or even permanently in such a way as to increase noise and is therefore not recommended. 4.3. Repaying the test area
If it is necessary to repave the test track, it is usually unnecessary to repave more than the test strip (of 3 m width in figure 1) where vehicles are driving provided the test area outside the strip met the requirement of residual voids content or sound absorption when it was measured.
64
Exhaust system of motor vehicles : 92/97/EEC 5. DOCUMENTATION OF THE SURFACE AND OF TESTS PERFORMED ON IT 5.1. Documentation of the test surface
The following data shall be given in a document describing the test surface: a) the location of the test track; b) type of binder, binder hardness, type of aggregate, maximum theoretical density of the concrete ('DR'), thickness of the wearing course and grading curve determined from cores from the test track; c) method of compaction (e.g. type of roller, roller mass, number of passes); d) temperature of the mix, temperature of the ambient air and wind speed during laying of the surface; e) date when the surface was laid and contractor; f) all or at least the latest test result, including: i) ii) the residual voids content of each core; the locations in the test area from where the cores for voids measurement have been taken;
iii) the sound absorption coefficient of each core (if measured). Specify the results both for each core and each frequency range as well as the overall average; iv) the locations in the test area from where the cores for absorption measurement have been taken; V) texture depth, including the number of tests and standard deviation;
vi) the institution responsible for tests (i) and (iii) and the type of equipment used; vii) date of the test(s) and date when the cores were taken from the test track. 5.2. Documentation of vehicle noise tests conducted on the surface
In the document describing the vehicle noise test(s) it shall be stated whether all the requirments were fulfilled or not. Reference shall be given to a document according to section 5.1.
65
European Economic Area : 94/1/CECA, CE
DECISION 94/1/ECSC, EC1 OF THE COUNCIL AND THE COMMISSION of 13 December 1993 on the conclusion of the Agreement on the European Economic Area between the European Communities, their Member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation
THE COUNCIL OF THE EUROPEAN UNION, THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Coal and Steel Community, Having regard to the Treaty establishing the European Community, and in particular Article 238 in conjunction with Article 228 (3), second subparagraph thereof, Having regard to the assent of the European Parliament2, Whereas the Agreement on the European Economic Area between the European Communities, their Member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation, signed in Oporto on 2 May 1992 should be approved, HAVE DECIDED AS FOLLOWS:
Article 1
The Agreement on the European Economic Area between the European Communities, their Member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation, the Protocols, the Annexes annexed thereto and the Declarations, the Agreed Minutes and exchanges of letters attached to the Final Act are hereby approved
1
2
OJNoL 1,3. 1. 1994.

OJ No C 305, 23. 11. 1992, p. 66.
66

on behalf of the European Community and the European Coal and Steel Community. The texts of the acts referred to in the first paragraph are attached to this Decision.
Article 2
The act of approval provided for in Article 129 of the Agreement shall be deposited by the President of the Council on behalf of the European Community and by the President of the Commission on behalf of the European Coal and Steel Community 1 .
Done at Brussels, 13 December 1993. For the Council The President Ph. MAYSTADT For the Commission The President J. DELORS
See page 606 of this Official Journal. (OJ No L 1, 3. 1. 1994)
67
AGREEMENT ON THE EUROPEAN ECONOMIC AREA CHAPTER 3 ENVIRONMENT Article 73

1) Action by the Contracting Parties relating to the environment shall have the following objectives: a) to preserve, protect and improve the quality of the environment; b) to contribute towards protecting human health; c) to ensure a prudent and rational utilization of natural resources. 2. Action by the Contracting Parties relating to the environment shall be based on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source, and that the polluter should pay. Environmental protection requirements shall be a component of the Contracting Parties' other policies.
Article 74
Annex XX contains the specific provisions on protective measures which shall apply pursuant to Article 73.
Article 75
The protective measures referred to in Article 74 shall not prevent any Contracting Party from maintaining or introducing more stringent protective measures compatible with this Agreement.
68
European Economic Area : 94/1/CECA, CE ANNEX XX ENVIRONMENT

List provided for in Article 74
INTRODUCTION
When the acts referred to in this Annex contain notions or refer to procedures which are specific to the Community legal order, such as preambles; the addressees of the Community acts; references to territories or languages of the EC; references to rights and obligations of EC Member States, their public entities, undertakings or individuals in relation to each other; and references to information and notification procedures;
Protocol 1 on horizontal adaptations shall apply, unless otherwise provided for in this Annex.
SECTORAL ADAPTATION
For the purposes of this Annex and notwithstanding the provisions of Protocol 1, the term 'Member State(s)' contained in the acts referred to shall be understood to include, in addition to its meaning in the relevant EC acts, Austria, Finland, Iceland, Liechtenstein, Norway, Sweden and Switzerland.
ACTS REFERRED TO
I. 1) General 385 L 0337: Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ No L 175, 5.7.1985, p. 40). 390 L 0313: Council Directive 90/313/EEC of 7 June 1990 on freedom of access to information (OJ No L 158, 23.6.1990, p. 56).
2)
69
European Economic Area : 94/1/CECA, CE II. 3) Water 375 L 0440: Council Directive 75/440/EEC of 16 June 1975 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States (OJ No L 194, 25.7.1975, p. 26), as amended by: 379 L 0869: Council Directive 79/869/EEC of 9 October 1979 (OJ No L 271, 29.10.1979, p. 44). 4) 376 L 0464: Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (OJ L 129, 18.5.1976, p. 23). The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation: Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995. 5) 379 L 0869: Council Directive 79/869/EEC of 9 October 1979 concerning the methods of measurement and frequencies of sampling and analysis of surface water intended for the abstraction of drinking water in the Member States (OJ L 271, 29.10.1979, p. 44), as amended by: 381 L 0855: Council Directive 81/855/EEC of 19 October 1981 ( O J N o L 3 1 9 , 7.11.1981, p. 16), 1 85 I: Act concerning the Conditions of Accession and Adjustments to the Treaties Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic ( O J N o L 3 0 2 , 15.11.1985, p. 219). 380 L 0068: Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances (OJ No L 20, 26.1.1980, p. 43). The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation: the provisions of Article 14 shall not apply. 7) 380 L 0778: Council Directive 80/778/EEC of 15 July 1980 relating to the quality of water intended for human consumption ( O J N o L 2 2 9 , 30.8.1980, p. 11), as amended by: 381 L 0858: Council Directive 81/858/EEC of 19 October 1981 (OJ No L 319, 7.11.1981, p. 19). 1 85 I: Act concerning the Conditions of Accession and Adjustments to the Treaties Accession to the European Communities of the
6)
70
European Economic Area : 94/1/CECA, CE Kingdom of Spain and the Portuguese Republic ( O J N o L 3 0 2 , 15.11.1985, pp. 219, 397). The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation: the provisions of Article 20 shall not apply. 8) 382 L 0176: Council Directive 82/176/EEC of 22 March 1982 on limit values and quality objectives for mercury discharges by the chlor-alkali electrolysis industry ( O J N 0 L 8 I , 27.3.1982, p. 29). The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptation: Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995. 9) 383 L 0513: Council Directive 83/513/EEC of 26 September 1983 on limit values and quality objectives for cadmium discharges (OJ No L 291, 24.10.1983, p. 1). The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation: Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995. 10) 384 L 0156: Council Directive 84/156/EEC of 8 March 1984 on limit values and quality objectives for mercury discharges by sectors other than the chlor-alkali electrolysis industry ( O J N 0 L 7 4 , 17.3.1984, p. 49). The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation: Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995. 11) 384 L 0491: Council Directive 84/491/EEC of 9 October 1984 on limit values and quality objectives for discharges of hexachlorocyclohexane ( O J N 0 L 2 7 4 , 17.10.1984, p. 11). The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation: Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995. 12) 386 L 0280: Council Directive 86/280/EEC of 12 June 1986 on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC (OJ No L 181, 4.7.1986, p. 16), as amended by:
71
European Economic Area : 94/1/CECA, CE 388 L 0347: Council Directive 88/347/EEC of 16 June 1988 amending Annex II to Directive 86/280/EEC (OJ No L 158, 25.6.1988, p. 35), 390 L 0415: Council Directive 90/415/EEC of 27 July 1990 amending Annex II to Directive 86/280/EEC (OJ No L 219, 14.8.1990, p. 49). The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation: Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995. 13) 391 L 0271: Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ No L 135, 30.5.1991, p. 40). The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation: Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995. III. 14) Air 380 L 0779: Council Directive 80/779/EEC of 15 July 1980 on air quality limit values and guide values for sulphur dioxide and suspended particulates (OJ No L 229, 30.8.1980, p. 30), as amended by: 381 L 0857: Council Directive 8 l/857/EEC of 19 October 1981 (OJNoL319,7.11.1981,p. 18), 1 85 I: Act concerning the Conditions of Accession and Adjustments to the Treaties Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic ( O J N o L 3 0 2 , 15.11.1985, p. 219), 389 L 0427: Council Directive 89/427/EEC of 21 June 1989 ( O J N o L 2 0 1 , 14.7.1989, p. 53). The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation: Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995. 15) 382 L 0884: Council Directive 82/884/EEC of 3 December 1982 on a limit value for lead in the air (OJ No L 378, 31.12.1982, p. 15). The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation: Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995.
72

16) 384 L 0360: Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plants (OJ No L 188, 16.7.1984, p. 20). The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation: ' Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995. 17) 385 L 0203: Council Directive 85/203/EEC of 7 March 1985 on airquality standards for nitrogen dioxide (OJ No L 87, 27.3.1985, p. 1), as amended by: 385 L 0580: Council Directive 85/580/EEC of 20 December 1985 (OJ No L 372, 31.12.1985, p. 36). The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation: Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995. 18) 387 L 0217: Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of environmental pollution by asbestos ( O J N o L 8 5 , 28.3.1987, p. 40). The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptations: a) in Article 9 'the Treaty' shall read 'the EEA Agreement'; b) Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995. 19) 388 L 0609: Council Directive 88/609/EEC of 24 November 1988 on the limitation of emissions of certain pollutants into the air from large combustion plants (OJ No L 336, 7.12.1988, p. 1). The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptations: a) Article 3(5) shall be replaced by the following: ' 5 (a) If a substantial and unexpected change in energy demand or in the availability of certain fuels or certain generating installations creates serious technical difficulties for the implementation by a Contracting Party of the emission ceilings, such a Contracting Party may request a modification of the emission ceilings and/or dates set out in Annexes I and II. The procedure set out in (b) shall apply. (b) The Contracting Party shall immediately inform the other Contracting Parties through the EEA Joint Committee of such action and
73
European Economic Area : 94/1/CECA, CE give reasons for its decision. If a Contracting Party so requires, consultations on the appropriateness of the measures taken shall take place in the EEA Joint Committee. Part VII of the Agreement shall apply.'; b) the following shall be added to the table for ceilings and reduction targets in Annex I:
0 Austria Finland Sweden Switzerland 171 90 112 28
1 102 54 67 14
2 68 36 45 14
3 51 27 34 14
4 -40 -40 -40 -50
5 -60 -60 -60 -50
6 -70 -70 -70 -50
7 -40 -40 -40 -50
8 -60 -60 60 -50
9 -70 -70 -70 -50
c) the following is added to the table for ceilings and reduction targets in Annex II:
2 48 11 19 5
0 Austria Finland Sweden Switzerland 81 19 31 9
1 65 15 25 8
3 -20 -20 -20 -10
4 -40 -40 -40 -40
5 -20 -20 -20 -10
6 -40 -40 -40 -40
d) at the time of entry into force of the Agreement, Iceland, Liechtenstein and Norway do not have any large combustion plants as defined in Article 1. These States will comply with the Directive if and when they acquire such plants. 20) 389 L 0369: Council Directive 89/369/EEC of 8 June 1989 on the prevention of air pollution from new municipal waste-incineration plants (OJ No L 163, 14.6.1989, p. 32). The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation: Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995.
74

21) 389 L 0429: Council Directive 89/429/EEC of 21 June 1989 on the reduction of air pollution from existing municipal waste-incineration plants (OJ No L 203, 15.7.1989, p. 50). Chemicals, industrial risk and biotechnology 376 L 0403: Council Directive 76/403/EEC of 6 April 1976 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls ( O J N o L 108, 26.4.1976, p. 41). The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation: The EFTA States shall put into effect the measures necessary for them to comply with the provisions of this Directive as from 1 January 1995, subject to a review before that date. 23) 382 L 0501: Council Directive 82/501/EEC of 24 June 1982 on the major accident hazards of certain industrial activities (OJ No L 230, 5.8.1982, p. 1), as amended by: 1 85 I: Act concerning the Conditions of Accession and Adjustments to the Treaties Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic ( O J N o L 3 0 2 , 15.11.1985, p. 219), 387 L 0216: Council Directive 87/216/EEC of 19 March 1987 ( O J N o L 85, 28.3.1987, p. 36), 24) 388 L 0610: Council Directive 88/610/EEC of 24 November 1988 ( O J N o L 336, 7.12.1988, p. 14). 390 L 0219: Council Directive 90/219/EEC of 23 April 1990 on the contained use of genetically modified micro-organisms ( O J N o L 117, 8.5.1990, p. 1). The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation: Austria, Finland, Iceland, Liechtenstein, Norway and Sweden shall put into effect the measures necessary for them to comply with the provisions of this Directive as from 1 January 1995. 25) 390 L 0220: Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms (OJ No L 117, 8.5.1990, p. 15). The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptations:
IV. 22)
75
European Economic Area : 94/1/CECA, CE a) Austria, Finland, Iceland, Liechtenstein, Norway and Sweden shall put into effect the measures necessary for them to comply with the provisions of this Directive as from 1 January 1995; b) Article 16 shall be replaced by the following: ' 1. Where a Contracting Party has justifiable reasons to consider that a product which has been properly notified and has received written consent under this Directive constitutes a risk to human health or the environment, it may restrict or prohibit the use and/or sale of that product on its territory. It shall immediately inform the other Contracting Parties through the EEA Joint Committee of such action and give reasons for its decision. 2. If a Contracting Party so requires, consultations on the appropriateness of the measures taken shall take place in the EEA Joint Committee. Part VII of the Agreement shall apply.'; c) The Contracting Parties agree that the Directive only covers aspects relating to the potential risks to humans, plants, animals and the environment. The EFTA States therefore reserve the right to apply their national legislation in this area in relation to other concerns than health and environment, in so far as it is compatible with this Agreement. V. 26) Waste 375 L 0439: Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils (OJ No L 194, 25.7.1975, p. 23), as amended by: 387 L 0101: Council Directive 87/101/EEC of 22 December 1986 ( O J N o L 42, 12.2.1987, p. 43). 27) 375 L 0442: Council Directive 75/442/EEC of 15 July 1975 on waste (OJ No L 194, 25.7.1975, p. 39), as amended by: 391 L 0156: Council Directive 91/156/EEC of 18 March 1991 ( O J N o L 78, 26.3.1991, p. 32). The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation: Norway shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995, subject to a review before that date. 28) 378 L 0176: Council Directive 78/176/EEC of 20 February 1978 on waste from the titanium-dioxide industry (OJ No L 54, 25.2.1978, p. 19), as amended by:
76
European Economic Area : 94/1/CECA, CE 382 L 0883: Council Directive 82/883/EEC of 3 December 1982 on procedures for the surveillance and monitoring of environments concerned by waste from the titanium-dioxide industry ( O J N o L 378, 31.12.1982, p. 1), 383 L 0029: Council Directive 83/29/EEC of 24 January 1983 ( O J N o L 32, 3.2.1983, p. 28). 29) 378 L 0319: Council Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste (OJ No L 84, 31.3.1978, p. 43), as amended by: 1 79 H: Act concerning the Conditions of Accession and Adjustments to the Treaties Accession to the European Communities of the Hellenic Republic (OJ No L 291, 19.11.1979, p. 111 ), 1 85 I: Act concerning the Conditions of Accession and Adjustments to the Treaties Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, pp. 219, 397). The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation: the EFTA States shall put into effect the measures necessary for them to comply with the provisions of this Directive as from 1 January 1995, subject to a review before that date. 30) 382 L 0883: Council Directive 82/883/EEC of 3 December 1982 on procedures for the surveillance and monitoring of environments concerned by waste from the titanium-dioxide industry ( O J N o L 378, 31.12.1982, p. 1), as amended by: 1 85 I: Act concerning the Conditions of Accession and Adjustments to the Treaties Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic ( O J N o L 302, 15.11.1985, p. 219). 384 L 0631: Council Directive 84/631/EEC of 6 December 1984 on the supervision and control within the European Community of the transfrontier shipment of hazardous waste (OJ No L 326, 13.12.1984, p. 31), as amended by: 385 L 0469: Commission Directive 85/469/EEC of 22 July 1985 ( O J N o L 272, 12.10.1985, p. 1), 386 L 0121: Council Directive 86/121/EEC of 8 April 1986 ( O J N o L 100, 16.4.1986, p. 20), 386 L 0279: Council Directive 86/279/EEC of 12 June 1986 ( O J N o L 181,4.7.1986, p. 13).
31)
77

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptations: the following shall be added to box 36 of Annex I:
ISLENSKA NORSK
duft pulverformet
duftkennt fast stovformet plyni amen stoft fast
lumkennt seigfljtandi pastaformet tahnamainen pastst viskost (tyktflytende) siirappimainen viskost
bunnfljtandi slamformet lietemainen slamformigt
vkvi flytende
loftkennt gassformet kaasumainen gasformigt
SUOMESKI jauhemainen SVENSKA pulverformigt
kiinte fast
nestemainen flytande
unnfljtandi stvformetviskstl
d) the following new entries shall be added to the last sentence of provision 6 of Annex III: 'AU for Austria, SF for Finland, IS for Iceland, LI for Liechtenstein, NO for Norway, SE for Sweden and CH for Switzerland.'; e) the EFTA States shall put into effect the measures necessary for them to comply with the provisions of this Directive as from 1 January 1995, subject to a review before that date. 32) 386 L 0278: Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (OJ No L 181, 4.7.1986, p. 6).
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE

The Contracting Parties take note of the content of the following acts: 33) 375 X 0436: Council Recommendation 75/436/Euratom, ECSC, EEC of 3 March 1975 regarding cost allocation by public authorities on environmental matters (OJ No L 194, 25.7.1975, p. 1). 379 X 0003: Council Recommendation 79/3/EEC of 19 December 1978 to the Member States regarding methods of evaluating the cost of pollution control to industry (OJ No L 5, 9.1.1979, p. 28).
34)
78
European Economic Area : 94/1/CECA, CE 35) 380 Y 0830(01): Council Resolution of 15 July 1980 on transboundary air pollution by sulphur dioxide and suspended particulates (OJ No C 222, 30.8.1980, p. 1). 389 Y 1026(01): Council Resolution (89/C 273/01) of 16 October 1989 on guidelines to reduce technological and natural hazards (OJ No C 273, 26.10.1989, p. 1). 390 Y 0518(01): Council Resolution (90/C 122/02) of 7 May 1990 on waste policy (OJ No C 122, 18.5.1990, p. 2). SEC (89) 934 final: Communication from the Commission to the Council and to Parliament of 18 September 1989. 'A Community strategy for waste management'.
36)
37) 38)
79
European Commission European Community environment legislation Volume 5 Noise Luxembourg: Office for Official Publications of the European Communities 1996 xxxvi, 79 pp. 16.2 22.9 cm ISBN 92-827-6871-6 (Volume 5) ISBN 92-827-6828-7 (Volumes 1-7) Price (excluding VAT) in Luxembourg: ECU 7 (Volume 5) ECU 74 (Volumes 1-7)
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European Community environment legislation

European Commission Directorate-General XI Environment, Nuclear Safety and Civil Protection

Cataloguing data can be found at the end of this publication

Information for the reader

i iii xxvii xxxiii 1

Environment protection in the framework of the Community law

The EC's powers regarding the environment

Case 87/75 Bresciani, [1976] ECR 129.

General introduction The Commission

General introduction The Council

The European Parliament

The legislative procedures

.... , . , , . \ w : \ < , > J . . - S \ - M ; * . - *

may adopt by unanimity within 3 to 4 months Revised proposal

Amendments not incorporated

.::. : . : j-.Wvsi ..-:'- .-....,,,....,: ;

CM does not adopt the Act

Proposal "deemed not to have been adopted"

The Act is definitively adopted

Proposal " deemed not to have been adopted"

Proposal " deemed not to have been adopted"

General introduction The Court of justice

Evolution of EC Environmental protection

The Single European Act

The Treaty of the European Union

Financial instruments for the environment

Citizen rights under Community Law

Summary of the Legislation

Council Directive 92/14/EEC1 Civil subsonic

Summary of the Legislation

Council Directive 92/94/EEC1 The exhaust system of motor vehicles

Summary of the Legislation

Council and Commission Decision 94/1/ECSC, EC1 European Economic Area

Legislation concerning Noise

International Civil Aviation : 92/14/EEC

OJNoL76, 23.3. 1992, p. 21.

International Civil Aviation : 92/14/EEC

International Civil Aviation : 92/14/EEC

International Civil Aviation : 92/14/EEC

International Civil Aviation : 92/14/EEC

International Civil Aviation : 92/14/EEC

International Civil Aviation : 92/14/EEC

International Civil Aviation : 92/14/EEC

Exhaust system of motor vehicles : 92/97/EEC

Exhaust system of motor vehicles : 92/97/EEC

Exhaust system of motor vehicles : 92/97/EEC

Exhaust system of motor vehicles : 92/97/EEC

Exhaust system of motor vehicles : 92/97/EEC

1.1.4. 1.1.5. 1.1.6. 1.1.7.

Exhaust system of motor vehicles : 92/97/EEC

1.3.3. 1.3.4. 1.4.

2.2.2. 2.2.3. 2.2.4.

5.2. 5.2.1. 5.2.1.1.

5.2.2.1.2.1. 5.2.2.1.2.2. 5.2.2.1.3.

5.2.2.1.3.1. 5.2.2.1.3.2. 5.2.2.1.4.

Exhaust system of motor vehicles : 92/97/EEC

Exhaust system of motor vehicles : 92/97/EEC

Exhaust system of motor vehicles : 92/97/EEC