6.8.88 Official Journal of the European Communities No L 214/1 I (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE of 16 June 1988 amending Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from engines of motor vehicles (Restriction of particulate pollutant emissions from diesel engines) (88/436/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 Commission (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 the internal market over a period expiring on 31 December 1992; whereas the internal market shall comprise and 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 European Communities on the environment, which was adopted by the Council on 22 November 1973, calls for account to be taken of the latest scientific progress in combating air pollution caused by exhaust gases from motor vehicles and for Directives adopted previously to be amended accordingly; - whereas the third programme of action provides for further efforts to reduce considerably the present level of emissions of pollutants from motor vehicles; Whereas differences which may emerge in national legislation concerning limits for particulate pollutant (*) OJ No C 174, 12.7. 1986, p. 3. () OJ No C 190, 20. 7. 1987, p. 178 and O] No C 167, 27. 6. 1988. ‘ (}) OJ No C 333, 29. 12. 1986, p. 17. emissions from compression ignition (‘diesel’) engines used as criteria for the type-approval of vehicles equipped with such engines, are liable to constitute a restriction on the free movement of these products in the Community; whereas it therefore seems necessary to fix common standards in this area; Whereas Directive 70/220/EEC (*) lays down limit values for emissions of carbon monoxide and unburnt hydrocarbons from such engines; whereas these limit values were lowered for the first time by Directive 74/290/EEC (5) and supplemented, pursuant to Commission Directive 77/102/EEC (¢), by limit values for permissible emissions of nitrogen oxides; whereas the limit values for these three pollutants were successively reduced by Commission Directive 78/665/EEC () and Directives 83/351/EEC (8) and 88/76/EEC (°); Whereas the scope of Directive 70/220/EEC was expanded by Directive 83/351/EEC in order to cover certain categories of vehicle equipped with compression ignition (‘diesel’) engines, without, however, laying down specific emission requirements for those engines; whereas only soot emissions are covered by Directive 72/306/EEC (1°); whereas, however, with a view to improved protection of public health, it is necessary to restrict the overall particulate pollutant emissions from engines of this type; whereas it is appropriate to lay down limit values for particulate pollutant emissions which correspond to the state of the art with regard to diesel engines in the Community and to amplify the test procedure set out in Directive 70/220/EEC by adding the (*) O] No L 76, 6. 4. 1970, p. 1. (*) OJ No L 159, 15. 6. 1974, p. 61. (¢) O] No L 32, 3. 2. 1977, p. 32. (?) O] No L 223, 14. 8. 1978, p. 48. (*) OJ No L 197, 20. 7. 1983, p. 1. (*) OJ No L 36, 9. 2. 1988, p. 1. (1°) O] No L 190, 20. 8. 1972, p. 1.