Official Journal of the Egrf)pean Communities No L 36/33 COUNCIL DIRECTIVE of 3 December 1987 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous pollutants from diesel engines for use in vehicles (88/77/EEC) 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 Commis- sion (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas it is important to adopt measures with the aim of progressively establishing thé internal market over a period expiring on 31 December 1992; whereas the internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured; Whereas the first programme of action of the Euro- pean Communities on the protection of the environ- ment, 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 Direc- tives adopted previously to be amended accordingly; whereas the third programme of action provides for additional efforts to be made to reduce considerably the present level of emissions of pollutants from motor vehicles; Whereas the technical . requirements which motor vehicles must satisfy pursuant to national laws relate, inter alia, to the emission of gaseous pollutants from diesel engines for use in vehicles; Whereas those requirements differ from one Member State to another; whereas these differences could _ restrict the free circulation of the products in question; (1) OF No C 193, 31.7. 1986, p. 3. - (?) Position of Parliament on 18 November 1987 (OJ No C 345, 21. 12. 1987, p. 61). (%) OJ No C 333, 29. 12. 1986, p. 17. whereas it is therefore necessary that all the Member States adopt the same requirements either in addition to or in place of their existing rules, in order, in particular, to permit the implementation, for each vehicle type, of the EEC type-approval, which was the subject of Council Directive 70/156/EEC of 6 Feb- ruary 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (4), as last amended by Directive 87/403/EEC (5); Whereas it is desirable to follow the technical require- ments adopted by the United Nations Economic Com- mission for Europe in its Regulation No 49 (uniform provisions concerning the approval of diesel engines with regard to the emission of gaseous pollutants), which is annexed to the Agreement of 20 March 1958 concerning the adoption of uniform conditions of approval and reciprocal recognition of approval for motor vehicle equipment and parts; Whereas the Commission has undertaken to submit proposals to the Council, not later than the end of 1988, regarding a further reduction of the limit values for the three pollutants which are the subject of this Directive and the fixing of limit values for particulate emissions, HAS ADOPTED THIS DIRECTIVE : Article 1 For the purposes of this Directive : — ‘*vehicle’ means any vehicle propelled by a diesel engine, intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, with the exception of vehicles of category M as defined in section 04 of Annex I to Directive 70/156/EEC, having a total mass not exceeding 3,5 tonnes, and vehicles which run on rails, agri- (%) OJ No L 42, 23.2. 1970, p. 1. (%) OJ No L 220, 8. 8. 1987, p. 44.