COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 06.05.1998 
COM(1998) 241 final 
96/0163 (COD) 
OPINION OF THE COMMISSION 
pursuant to Article 189 b (2) (d) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the 
proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
concerning 
the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC 
AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 189 a (2) of the EC Treaty 

OPINION OF THE COMMISSION 
BACKGROUND 
On 18 June 1996, the Commission adopted a proposal for a European Parliament 
and Council Directive relating to the quality of petrol and diesel fuels and amending 
Council Directive 93/12/EEC1. This proposal formed an integral part of a cost 
effective strategy for the control of atmospheric emissions from road transport as set 
out in the Communication from the Commission to the European Parliament and the 
Council "On a future strategy for the control of atmospheric emissions from road 
transport taking into account the results of the Auto Oil programme'*' which was 
adopted at the same time (COM (96) 248 final). 
The Economic and Social Committee adopted its opinion on 24 April 19972. 
In the framework of the co-decision procedure, the European Parliament delivered 
its opinion in the first reading on 10 April 19973 including a number of proposed 
amendments. 
In view of these amendments, Ihe Commission submilled an amended proposal lor a 
European Parliament and Council Directive relating lo the quality of pelrol ami 
diesel fuels and amending Council Directive 93/12/EEC (COM (97) 271 final). 
The Council adopted its common position (EC 39/97) on 7 October 1997' on which 
the Commission delivered its opinion in a Communication (SEC (97) 1874 final) on 
16 October 1997. 
In second reading, the European Parliament on 18 February 1998 adopted 3d 
amendments to the common position. 
PURPOSE OF THE COMMISSION PROPOSAL 
The proposed directive on the quality of petrol and diesel fuels aims at controlling 
those parameters in the composition of petrol and diesel which influence the level o\' 
atmospheric emissions produced by spark ignition and diesel vehicles. Harmonised 
specifications for petrol and diesel fuels are therefore proposed to take effect across 
the Community as from I January 2000. The sale oi' leaded petrol is also to be 
banned as from the same dale. The proposal also foresees the possibility for Member 
States to mandate the use of special, high quality fuels in agglomerations or /ones 
where there is a particularly severe problem of air pollution affecting human health 
or the environment. 
1 <>J(,77oNI.3.l«W7, p. I 
O.I ('209 of 10.7.1997, p. 25 
•' OJC 206 of 7.7.1997, p. in 
? O.IC 132 of 28.04.1997, p. 159 
4 OJC35I of 19.1 1.1997, p. 1 
:>. OPINION OF THE COMMISSION ON THE AMENDMENTS OF THE 
EUROPEAN PARLIAMENT 
Of the 36 amendments adopted by the European Parliament in second reading (35 
totally and 1 partially), the Commission can accept 3 in their entirety (nrs 11, 13, 
17), 4 partially (nrs 14 (Recital 16 3rd whereas) , 23 (Article 9.3), 24 (Article 
11.1), 24 (Article 11.2)) and 1 in principle (nr 6 provided an additional wording). 
Accordingly, the Commission can not support in their entirity the amendments nrs 
1, 2, 3, 4, 5, 7, 8, 9, 10, 12, 16, 18, 19, 20, 21, 22, 25, 26, 27, 29, 30, 31, 32, 33, 34, 
35, 36, 37 and partially the amendments nrs 14 (Recital 16 lrst whereas), 15 
(Article 3.2), 15 (Article 3.4), 15 (Article 3.5), 23 (Article 9.1), 23 (Article 9.2), 24 
(Article 11.3). 
Amendments which can be accepted: 
• Amendments 11,13 and 17 have been accepted in their entirety 
On the grounds of redundancy with Article 13, amendments 11 and 17 propose 
the deletion of the date of application ( I January 2000) for the fuels marketed. 
Amendment 13 introduces the concept of common procedures for sampling and 
testing in the Member States' fuels monitoring systems. The Commission supports 
such harmonization which will increase the efficiency of its reporting 
interpretation. 
• Amendment 6 has been accepted in principle 
It states that changes in fuel composition immediately achieve emission reduction 
from positive ignition engines (gasoline fuelled) in urban areas. The Commission 
can support this amendment provided that the following wording is added: 
"provided that some specifications do not go below or exceed certain levels". 
Indeed, below or beyond a certain limit for certain specifications (aromatics and 
oxygenates), the level of emissions increases. 
• Parts of amendments 14 (Recital 16 3rd whereas) and 23 (Article 9.3) have 
been accepted. 
Separate specifications for fuels used by captive fleets (buses, taxis, commercial 
vehicles etc.), and in particular fuels specifications for liquid petroleum gas, 
natural gas and biofuels, are proposed. The Commission can support this working 
program as part of the current work performed under the framework of the Auto 
Oil II Review Process. 
• Amendment 24 has been accepted partially (Articles 11.1 and 11.2) 
It establishes a Committee of advisory nature and requests the Commission to 
take the utmost account of this Committee opinion. The Commission can agree. 
Amendments which cannot be accepted: 
• The Commission's proposal is based on the principle of cost effectiveness as 
required under Article 4 of Directive 94/12/EC. The Commission cannot 
• therefore accept that the proposals should instead have been based on the 
principle of cost benefit. Amendments 3, 4, 5, part of 23 (Article 9.1) are 
therefore not acceptable. 
The proposals for fuel standards to enter into force in 2000 were based upon an 
extensive assessment of the cost effectiveness (as requested by Directive 
94/12/EC in its Article 4) of a range of measurescontributing to reduced vehicle 
emissions. The Commission considers that the proposal on fuel form part of a 
cost effective package of measures and that it is not therefore necessary to 
increase the severity of the fuel specifications to enter into force in 2000 in order 
to achieve agreed upon EU wide air quality standards by 2010. The Commission 
cannot therefore accept amendments 25, 26, 29. On the other hand the 
Commission believes that fuel standards should be introduced at the latest by 
2000 in order to contribute towards reducing vehicle emissions. The Commission 
cannot therefore accept the possibility of a several years delay in introducing 
these measures: parts of amendments 15 (Article 3.4) and 16 (Article 4.2) are 
therefore unacceptable to the Commission. 
With regard to the proposed standard for the maximum level of oxygenates in 
petrol (2.3%) included in the proposal, the Commission considers that there is 
evidence that to increase the maximum level may result in increased levels of 
pollution by toxic substances such as aldehydes. The Commission cannot 
therefore accept amendments 7 and 27. 
The Commission considers that fuel standards for 2005 can only be finalised on 
the basis of further scientific and technical assessments included in the ongoing 
Auto Oil II Programme. In the absence of such further assessments the laying 
down of mandatory fuel standards for 2005 is premature. For this reason the 
Commission cannot accept amendments I, 10, 12. 19, 30, 31, 32, 33, 34, 35, 36, 
37 and parts of amendment 14 (Recital 16 1st whereas), 15 (Article 3.2). 16 
(Article 4.1), 23 (Article 9.2). 
The Community framework for the application of fiscal incentives for the 
encouragement of the marketing of cleaner fuels is established under Directive 
92/81/EEC. The Commission does not consider it appropriate to set up a separate 
fiscal framework under the present directive and accordingly cannot accept 
amendments 8, 9, 18. 
The fuels proposal is part of a balanced package of measures to reduce emissions 
from road vehicles to a level compatible with the attainment of satisfactory air 
quality standards by the year 2010. This proposal will result in a significant 
improvement of the average fuel quality sold in the Community. The 
Commission cannot therefore accept amendment 2. 
The Commission considers that the conditions under which Committees should 
be consulted and the working procedures of such Committees are horizontal 
issues which should not be dealt with in an ad-hoc manner in relation to specific 
legislative proposals. Accordingly, the Commission cannot accept amendments 
20, 21, 22 and parts of amendment 15 (Article 3.5), 16 (Article 4.3), 24 (Article 
11.3). 
4. MODIFIED PROPOSAL 
By adopting its opinion on the common position regarding a Directive of the 
European Parliament and the Council relating to the quality of petrol and diesel 
fuels and amending Council directive 93/12/EEC, the Commission expressed its 
satisfaction with the common position on the grounds that the common position 
remained close to the Commission's original proposal, confirmed the principles of 
cost effectiveness as well as the commitment to base future proposals on extensive 
scientific/technical assessment, and was adopted unanimously. 
Following the second reading by the European Parliament of the Draft Directive, the 
Commission herewith modifies its proposal for a Directive by including the 
accepted amendments (3 in their entirety, 4 partially, and 1 in principle). 
AMENDED PROPOSAL FOR 
A EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
concerning the quality of petrol and diesel fuels and amending Council Directive 
93/12/EEC 
Common position of the Council Amended proposal 
(Amendment 6) 
Recital 9 
(9) Whereas it is necessary to 
obtain in the short term a reduction, 
in particular in urban areas, of 
polluting vehicle emissions, 
including primary pollutants such 
as unburnt hydrocarbons and 
carbon monoxide, secondary 
pollutants such as ozone, toxic 
emissions such as benzene and 
particle emissions; (9) Whereas it is necessary to 
obtain in the short term a reduction, 
in particular in urban areas, oi' 
pollutants such as unburnt 
hydrocarbons and carbon 
monoxide, secondary pollutants 
such as ozone, toxic emissions such 
as benzene and particle emissions; 
whereas the reduction of polluting 
vehicle emissions in urban areas 
can be immediately achieved on 
motor vehicles equipped with 
positive ignition engines through 
changes in fuel composition, 
provided that some specifications 
do not go below or exceed certain 
levels. 
' OJC35I of 19.1 I.I W7. p. I 
Common position of the Council Amended proposal 
(Amendment 11) 
Recital 13 
(13) Whereas the need for vehicle 
emission reduction and the 
availability of the necessary 
refinery technology justify the 
setting of environmental fuel 
specifications for the marketing as 
from 1 January 2000 of unleaded 
petrol and diesel fuels; (13) Whereas the need for vehicle 
emission reduction and the 
availability of the necessary 
refinery technology justify the 
setting of environmental fuel 
specifications for the marketing of 
unleaded petrol and diesel fuels; 
Common position of the Council Amended proposal 
(Amendment 13) 
Recital 15 
(15) Whereas, in order to ensure 
compliance with the fuel quality 
standards required under this 
Directive, Member States should 
introduce monitoring systems, and 
whereas information on fuel quality 
collected by Member States should 
be communicated to the 
Commission according to a 
common format; (15) Whereas, in order to ensure 
compliance with the fuel quality 
standards required under this 
Directive, Member States should 
introduce monitoring systems; 
whereas such monitoring systems 
should be based on common 
procedures for sampling and testing 
and whereas information on fuel 
quality collected by Member States 
should be communicated to the 
Commission according to a 
common format; 
Common position of the Council Amended proposal 
(Amendment 14) 
Recital 16 
(16) Whereas, on the basis of a 
comprehensive assessment, the 
Commission is to submit a proposal 
setting down inter alia 
environmental specifications for 
petrol and diesel fuels to be applied 
as from 1 January 2005; whereas 
this proposal is to confirm modify 
and complement the indicative 
specifications set down in this 
Directive; whereas the 
Commission's proposal may, as 
appropriate, also set down 
environmental specifications for 
other types of fuel such as liquid 
petroleum gas, natural gas and 
biofucls; (16) Whereas, on the basis of a 
comprehensive assessment, the 
Commission is to submit a proposal 
setting down inter alia 
environmental specifications for 
petrol and diesel fuels to be applied 
as from 1 January 2005; whereas 
this proposal is to confirm modify 
and complement the indicative 
specifications set down in this 
Directive; whereas the 
Commission's proposal may. as 
appropriate. also set down 
environmental spécifications for 
other types oi' fuel such as liquid 
petroleum gas. natural gas and 
biofucls; whereas captive vehicle 
llccts exist (buses, taxis, 
commercial vehicles, etc.) which 
are responsible for a large 
proportion of urban pollution and 
would benefit from separate 
specifications; 
Common position of the Council Amended proposal 
(Amendment 17) 
Article 5 
No Member State may prohibit, 
restrict or prevent the placing on the 
market of fuels which comply with 
the requirements of this Directive 
as from 1 January 2000. No Member State may prohibit, 
restrict or prevent the placing on the 
market of fuels which comply with 
the requirements of this Directive. 
10 
Common position of the Council Amended proposal 
(Amendment 23) 
Article 9 
1. The Commission shall, 
periodically and for the first time 
not later than 12 months from the 
date of adoption of this Directive 
but in any event no later than 30 
June 1999, and in the light of the 
assessment carried out in 
accordance with the requirements 
of Article 3 of Directive 97/.../EC 
of the European Parliament and of 
the Council of ... relating to 
measures to be taken against air 
pollution by emissions from motor 
vehicles and amending Council 
Directive 70/220/EEC1, submit to 
the European Parliament and the 
Council a proposal for a revision of 
this Directive as an integral part of 
the strategy designed to produce 
effects to meet the requirements of 
the Community air quality 
standards and related objectives at 
least costs. 1. The Commission shall, 
periodically and for the first time 
not later than 12 months from the 
date of adoption of this Directive 
but in any event no later than 30 
June 1999, and in the light of the 
assessment carried out in 
accordance with the requirements 
of Article 3 of Directive 97/.../EC 
of the European Parliament and of 
the Council of ... relating to 
measures to be taken against air 
pollution by emissions from motor 
vehicles and amending Council 
Directive 70/220/EEC2, submit to 
the European Parliament and the 
Council a proposal for a revision of 
this Directive as an integral part of 
the strategy designed to produce 
effects to meet the requirements of 
the Community air quality 
standards and related objectives at 
least costs. 
11 
,i^ s.'.!< A shall contain the 
• .. .t;;> . c* specifications 
•• - jtii .j •;>, petrol which is 
- ..j'-kcud from 1 January 2005, 
confirming or modifying and 
complementing the indicative 
specifications stipulated in Annex 
III. 
3. The proposal shall also contain 
environmental specifications for 
diesel fuels of a quality compatible 
with the effective functioning of 
new pollution abatement 
technologies the marketing of 
which will be ensured from 1 
January 2005, confirming or 
modifying and complementing the 
indicative specifications stipulated 
in Annex IV. The proposal shall 
also allow for a gradual increase in 
the availability and a balanced 
distribution throughout the territory 
of the Member States of such diesel 
fuel and contain a date on which 
only such diesel fuel can be 
marketed. 
4. The proposal shall, as 
appropriate, also contain 
environmental specifications for 
liquid petroleum gas, natural gas 
and biofuels. 2. The proposal shall contain the 
environmental specifications 
required for petrol which is 
marketed from 1 January 2005, 
confirming or modifying and 
complementing the indicative 
specifications stipulated in Annex 
III. 
3. The proposal shall also contain 
environmental specifications foi-
diesel fuels of a quality compatible 
with the effective functioning of 
new pollution abatement 
technologies the marketing of 
which will be ensured from 1 
January 2005, confirming or 
modifying and complementing the 
indicative specifications stipulated 
in Annex IV. The proposal shall 
also allow for a gradual increase in 
the availability and a balanced 
distribution throughout the territory 
of the Member States of such diesel 
fuel and contain a date on which 
only such diesel fuel can be 
marketed. In addition to the 
provisions of paragraphs 1 and 2, 
the Commission may inter alia 
bring forward 
= proposals taking into 
consideration the particular 
situation of captive fleets and the 
need to propose levels of 
specifications for the special fuels 
they use; 
~~~ proposals setting levels of 
specifications applicable to liquid 
petroleum gas, natural gas and 
biofuels; 
12 
Common position of the Council Amended proposal 
(Amendment 24) 
Article 11 
1. The representative of the 
Commission shall submit to the 
committee referred to in Article 10 
a draft of the measures to be taken. 
The committee shall deliver its 
opinion on the draft within a time 
limit which the chairman may lay 
down according to the urgency of 
the matter. The opinion shall be 
delivered by the majority laid down 
in Article 148(2) of the Treaty in 
the case of decisions which the 
Council is required to adopt on a 
proposal from the Commission. The 
votes of the representatives of the 
Member States within the 
committee shall be weighted in the 
manner set out in that Article. The 
chairman shall not vote. 1. The Commission shall be 
assisted by a committee of an 
advisory nature composed of one 
representative per Member State 
and chaired by the representative of 
the Commission. 
The representative of the 
Commission shall submit to the 
committee a draft of the measures 
to be taken. The committee shall 
deliver its opinion on the draft 
within a time limit which the 
chairman may lay down according 
to the urgency of the matter, if 
necessary by taking a vote. 
The opinion shall be recorded in the 
minutes; in addition each Member 
State shall have the right to ask to 
have its position recorded in the 
minutes. 
13 
2. The Commission shall adopt the 
measures envisaged if they are in 
accordance with the opinion of the 
committee. 
If the measures envisaged are not in 
accordance with the opinion of the 
committee, or if no opinion is 
delivered, the Commission shall, 
without delay, submit to the 
Council a proposal relating to the 
measures to be taken. The Council 
shall act by a qualified majority. 
If, on the expiry of 3 months from 
the date of referral to the Council, 
the Council has not acted, the 
proposal measures shall be adopted 
by the Commission, save where the 
Council has decided against the 
said measures by a simple majority. 2. The Commission shall take the 
utmost account of the opinion 
delivered by the committee. It shall 
inform the committee of the manner 
of which its opinion has been taken 
into account. 
14 
ISSN 0254-1475 
COM(98) 241 final 
DOCUMENTS 
EN 12 10 15 14 
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ISBN 92-78-35185-7 
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