No L 100/42 Official Journal of the European Communities 19. 4. 94 DIRECTIVE 94/12/EC OF THE EUROPEAN PARLIAMENT AND THE COUNCIL of 23 March 1994 relating to measures to be taken against air pollution by emissions from motor vehicles and amending Directive 70/220/EEC THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the Economic and Social Committee (2), Acting in accordance with the procedure laid down in Article 189b of the Treaty, Whereas measures - should be adopted within the framework of the internal market; whereas the internal market comprises an area wihout internal frontiers in which the free movement of goods, persons, services and capital is ensured; Whereas the first programme of action of the European Community on protection of the environment (3), approved by the Council on 22 November 1973, called for account to be taken of the latest scientific advances in combating atmospheric pollution caused by gases emitted from motor vehicles and for Directives adopted previously to be amended accordingly; whereas the fifth programme of action, which in its general approach was approved by the Council in its resolution of 1 February 1993 (%), provides for additional efforts to be made for a considerable reduction in the present level of emissions of pollutants from motor vehicles; Whereas the objective of reducing the level of pollutant emissions from motor vehicles and the establishment and operation of the internal market for vehicles cannot be sufficiently achieved by individual Member States and can therefore be better achieved by the approximation of the laws of the Member States relating to measures to be taken against air pollution by motor vehicles; Whereas it is recognized that the development of transport in the Community has entailed significant constraints’ for the environment; whereas a certain number of official estimates of the increase in traffic density have proved to be lower than the official figures; whereas for that reason stringent emission standards should be laid down for all motor vehicles; (') O] No C 56, 26. 2. 1993, p. 34. (?) OJ No C 201, 26. 7. 1993, p. 9. () O] No C 112, 20. 12. 1973, p. 1. *) %) O] No C 138, 17. 5. 1993, p. 1. Whereas the Commission has adopted a European programme on emissions, fuels and engine technologies (EPEFE); whereas that programme was established to ensure that proposals for future Directives on pollutant emissions seck the best solutions both for the consumer and for the economy; whereas that programme forms part of the contributions which can be made both by vehicles and the fuels which propel them; Whereas Council Directive 70/220/EEC (°) which deals with the measures to be taken against air pollution by emissions from motor vehicles, is one of the separate Directives under the type-approval procedure laid down 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 (°); Whereas Directive 70/220/EEC lays down the limit values for carbon monoxide and unburnt hydrocarbon emissions from the engines of such vehicles; whereas these limit values were first reduced by Directive 74/290/EEC (7) and supplemented, in accordance with Commission Directive 77/102/EEC (%), by limit values for permissible emissions of nitrogen oxides; whereas the limit values for these three types of pollution were successively reduced by Commission Directives 78/665/EEC (%), 83/351/EEC (*°) and 88/76/EEC ('); whereas limit values for particulate pollutant emissions from diesel engines were introduced by Directive 88/436/EEC (!2); whereas more stringent European standards for the emissions of gaseous pollutants of motor vehicles below 1400 cm® were introduced by Directive 89/458/EEC ('3); whereas these standards have been extended to all passenger cars independently of their engine capacity on the basis of an improved European test procedure comprising an extra-urban driving cycle and, whereas requirements relating to the evaporative emissions and to the durability of emission-related vehicle components as well as more stringent particulate pollutant standards for motor vehicles equipped with (®) O] No L 76, 6. 4. 1970, p. 1. Directive as last amended by Directive 93/59/EEC (O] No L 186, 28. 7. 1993, p. 21). (6) O] No L 42, 23. 2. 1970, p. 1. Directive as last amended by Commission Directive 93/81/EEC (O] 264, 23. 10. 1993, p- 49). O] No L 32, 3. 2. 1977, p. 32. O] No L 223, 14. 8. 1978, p. 48. O] No L 197, 20. 7. 1983, p. 1. O] No L 36, 9. 2. 1988, p. 1.