29.11.2005 Official Journal of the European Union L3131 I (Acts whose publication is obligatory) COMMISSION DIRECTIVE 2005/78/EC of 14 November 2005 implementing Directive 2005/55/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Annexes L II, III, IV and VI thereto (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard 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 trail- ers (1), and in particular second indent of Article 13(2) thereof, Having regard to Directive 2005/55/EC of the European Parlia- ment and of the Council of 28 September 2005 on the approxi- mation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pol- lutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (2), and in particular Article 7 thereof, Whereas: (1)  Directive 2005/55/EC is one of the separate directives under the type-approval procedure laid down by Directive 70/156/EEC. (2)  Directive 2005/55/EC requires new heavy-duty engines and engines of new heavy-duty vehicles to comply with new technical requirements covering on-board diagnostic systems, durability and conformity of in-service vehicles which are properly maintained and used, from 1 October 2005. The technical provisions necessary to implement Articles 3 and 4 of that Directive should be adopted. (") OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission Directive 2005[49/EC (O] L 194, 26.7.2005, p. 12). () OJ L 275, 20.10.2005, p. 1. 6) In order to ensure compliance with Article 5 of Directive 2005/55/EC, it is appropriate to introduce requirements encouraging the proper use, as intended by the manufacturer, of new heavy-duty vehicles equipped with engines having an exhaust after-treatment system requiring the use of a consumable reagent to achieve the intended reduction of regulated pollutants. Measures should be introduced to ensure that the driver of such a vehicle is informed in good time if any on-vehicle supply of a consumable reagent is about to run out or if the reagent dosing activity does not take place. If the driver ignores such warnings, the engine performance should be modified until the driver replenishes the supply of the con- sumable reagent required for the efficient operation of the exhaust after-treatment system. Where engines within the scope of Directive 2005/55/EC require the use of a consumable reagent in order to achieve the emission limits for which those engines were granted type-approval, the Member States should take appropriate steps to ensure that such reagents are available on a geo- graphically balanced basis. Member States should be able to take appropriate steps to encourage the use of such reagents. It is appropriate to introduce requirements that will enable the Member States to monitor and ensure, at the time of the periodic technical inspection, that heavy-duty vehicles equipped with exhaust after-treatment systems requiring the use of a consumable reagent have been properly oper- ated during the period preceding the inspection. Member States should be able to prohibit the use of any heavy-duty vehicle equipped with an exhaust after- treatment system that requires the use of a consumable reagent in order to achieve the emission limits for which such vehicles were granted a type-approval if the exhaust after-treatment system does not actually consume the required reagent or if the vehicle does not carry the required reagent.