L 142/16 Official Journal of the European Union 30.5.2006 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 3 May 2006 concerning draft national provisions notified by the Kingdom of the Netherlands under Article 95(5) of the EC Treaty laying down limits on the emissions of particulate matter by diesel powered vehicles (notified under document number C(2006) 1791) (Only the Dutch text is authentic) (2006/372[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 95(5) and (6) thereof, Whereas: *) e 0J 0 I. FACTS 1. Relevant Community legislation Directive 98/69/EC of the European Parliament and of the Council of 13 October 1998 relating to measures to be taken against air pollution by emissions from motor vehicles and amending Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from positive-ignition engines of motor vehicles (!) sets a limit value for particulate emissions at 25 milligrams per kilometre (see Section 5.3.1.4 of Annex I to the Directive) for diesel vehicles in category M as defined in Annex II, Section A, to 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 () — except vehicles the maximum mass of which exceeds 2 500kg — and N;, class L This limit value applies from 1 January 2005 to new types of vehicles and from 1 January 2006 to new vehicles. The Directive also sets a limit value for particulate emissions of 40 milligrams per kilometre for diesel vehicles in category Ny, Class II and a limit value for particulate emissions of 60 milligrams per kilometre for diesel vehicles in category Nj, Class III and M whose L 350, 28.12.1998, p. 1. L 42, 23.2.1970, p. 1. maximum mass exceeds 2 500 kg. These two latter limit values apply from 1 January 2006 to new types of vehicles and from 1 January 2007, to new vehicles. According to Article 2(1) of Directive 98/69/EC ... no Member State may, on grounds relating to air pollution by emissions from motor vehicles: — refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC, or — refuse to grant national type-approval, or — prohibit the registration, sale or entry into service of vehicles, pursuant to Article 7 of Directive 70/156/EEC, if the vehicles comply with the requirements of Directive 70/220/EEC, as amended by this Directive’. On 21.12.2005, the Commission adopted a proposal for a Regulation of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions and on access to vehicle repair infor- mation, amending Directive 72/306/EEC and Directive ...]...[EC (Euro 5 proposal) (}). The proposal reduces the particulate matter emission limit for diesel vehicles to 5 milligrams per kilometre. This new limit value will apply to new types of vehicles of category M and Nj, class I, from 18 months + 1 day after entry into force of the Regulation and to new vehicles of category M and Ny, class [, from 36 months from the date of entry into force of the Regulation. () COM(2005) 683 final.