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* I »"Sa L its! COMMISSION OF THE EUROPEAN COBVMUNITIES 
COM (91) 600 f i na I SYN340 
Brussels, 22 January 1993 
Re-examined proposal for a 
COUNCIL DIRECTIVE 
AMENDING FOR THE SECOND TIME 
DIRECTIVE 75/716/EEC ON THE 
SULPHUR CONTENT OF CERTAIN LIQUID FUELS 
.V;VSH (presented by the Commission pursuant to Article 149.2(d) 
of the EEC treaty) 
• ^ vf 
~*~"lË~ESt 
- -1 -
EXPLANATORY MEMORANDUM 
On 18th November 1992, the European Parliament, in its second reading, 
adopted thirteen amendments to the Common Position of the Council on 
the Commission proposal for a Council directive on the sulphur content 
of certain liquid fuels COM (91) 154 final as modified by COM (92) 119 
final - SYN 340. 
2. The Commission accepts a slightly revised version of amendment N' 2 
and the objectives of amendment N* 11. 
Amendment N* 2 is a recital which identifies the impact of emissions 
originating from the fuel in the tanks of vehicles and vessels 
entering Community territory from 3rd countries and seeks action to 
address this issue. Agreement to this recital is consistent with the 
support given after the first reading and the intention to consider 
this issue in the scope of the report requested by article 2.2 of the 
common pos i 11on. 
Amendment N* 11 sought to amend article 3 so that it stated a clear 
restriction of the marketing of fuels which do not meet the levels 
established by the directive. This is already established in Articles 
2.1 and 2.2 of the Common Position but the Commission agrees that the 
clearer wording sought by this amendment could be introduced into 
these articles. 
3. The reason why the Commission did not accept amendments 1, 3, 4, 5, 6, 
7, 8, 9, 10, 12 and 13 which it cannot accept, are as follows: 
Amendment N* 1 is for a new recital expressing the need for urgent 
action to achieve drastic reduction. While the need for further 
action is agreed such an alarmist recital is not justified. 
Amendment N" 3, part of 4 & 5, part of 8 & 9 seek the introduction of 
the new limits earlier than proposed in the Common Position. The 
Commission has rejected these amendments on the first reading due to 
the need, especially in Southern Member States, for adequate time to 
make the required investments, this continues to be the Commissions 
pos J t i on. 
Amendment N* 6 part 1 and part of amendment N" 9 seeks the 
implementation of a second stage of kerosene sulphur reduction before 
1.10.98 as opposed to the date of 1.10.99 in the Common Position. 
This issue will be addressed in the report requested under article 2.2 
and no firm decision advancing the date should be made prior to that 
report. 
Amendment N" 7 seeks a firm commitment to legislate on the question of 
fuel in tanks of vehicles and vessels from third countries. While the 
Commission considers this an important issue, it cannot accept such a 
firm commitment. 
Amendment N* 8 third part requires all petrol filling stations to make 
low sulphur fuel available from 1.10.95. This is considered as an 
excessive cost to impose for only one year prior to the implementation 
date of the low sulphur requirement. 
Amendment N* 9 third part requires the report identified in article 
2.2 before 1.7.93. This deadline is unrealistic given the amount of 
work required. 
Amendment N* 10 requires the deletion of the section on the 
notification procedure of derogation measures - this is not acceptable 
for legal reasons. 
Amendment 12 & 13 seeks to bring the directive into force one year 
earlier. This is impractical given the time needed for transposition 
Into national legislation in the Member States. 
3 
Re-examined proposal for a Council Directive amending for the second time 
Directive 75/716/EEC on the sulphur content of certain liquid fuels. 
The Commission assents to the Common Position of the Council as described 
in Council document 7398/1/92 of 27.07.1992, subject to the following 
amendments : 
Common Position of the Council Amendments 
8th Recital a (new) 
Whereas sulphur emissions from inland 
waterways vessels, coastal vessels, 
deep sea vessels and motor vehicles 
crossing the frontier to. or entering 
the territorial waters of. a Member 
State from a third country maybe a 
significant factor in air pollution : 
there is therefore an urgent need to 
consider measures that from the 
moment these vessels and vehicles 
cross the border or enter the 
territorial waters of a Member State 
they use only fuel whose sulphur 
content complies with the 
requirements of this Directive; 
Article 2(1) 
1. Member States shall, in order to 
reach the particulate emission levels 
laid down i n spec i f i c Commun 11 y 
Directives, take all necessary steps 
to ensure that diesel fuels can be 
placed on the market in the Community 
only if their sulphur compound 
content, expressed in sulphur 
(hereinafter "sulphur content"), does 
not exceed : 1. Member States shall, in order to 
reach the particulate emission levels 
laid down in specific Community 
Directives, prohibit the marketing of 
diesel fuels in the Community if 
their sulphur content, expressed in 
sulphur (hereinafter "sulphur 
content"), exceeds : 
Article 2(2) 
2. Member States shall take all 
necessary steps to ensure that 
gasoils other than, or used for 
purposes other than, those referred 
to in paragraph 1 - with the 
exception of aviation kerosenes -
may, as from 1 October 1994, be 
marketed in the Community only if 
their sulphur content does not exceed 
0.2 % by weight. 2. Member States shall prohibit the 
marketing of gasoils other than, or 
used for purposes other than, those 
referred to in paragraph 1 - with the 
exception of kerosenes - as from 
1 October 1994 if their sulphur 
content exceeds 0.2 X by weight. 
/ 
EUROPEAN PARLIAMENT 
1992 — 1993 SESSION 
Decision of the European Parliament on the common position established by the 
Council with a view to the adoption of a directive on the sulphur content of 
certain liquid fuels (A3-365/92 - C3-359/92). 
EXTRACT 
FROM THE MINUTES 
OF THE SITTING OF 
18 November 1992 
DOC EN\LT\216\2167€3 PE 162.863 
s 
Sulphur content of liquid fuels **II 
DECISION A3-0365/92 
(Cooperation procedure: second reading) 
Decision on the common position established by the Council with a view to the 
adoption of a directive on the sulphur content of certain liquid fuels 
The European Parliament. 
having regard to the common position of the Council (C3-0359/92 - SYN 340), 
having regard to its opinion delivered at first reading on the Commission 
proposal (COM(91)0154), 
2 
having regard to the amended Commission proposal (COM(92)0119) , 
having regard to the relevant provisions of the EEC Treaty and its Rules of 
Procedure, 
1. Has amended the common position as set out below; 
2. Has instructed its President to forward this decision to the Council and 
Commmission. 
Common position of the Council Text amended by Parliament 
(Amendment No. 1) 
8th recital 
Whereas reducing the sulphur content 
of certain liquid fuels serves to 
further one of the Community's 
objectives, which is to preserve, 
protect and improve the quality of 
the environment and to contribute 
towards protecting human health, by 
rectifying environmental damage at 
source; Whereas reducing the sulphur content 
of certain liquid fuels serves to 
further one of the Community's 
objectives, which is to preserve, 
protect and improve the quality of 
the environment and to contribute 
towards protecting human health, by 
rectifying environmental damage at 
source; whereas in view of the 
alarming environmental problems 
connected with air pollution in large 
areas of the Community there is, 
therefore, an urgent need for a 
drastic reduction in the sulphur 
content of gas oil; 
OJ No. C 94, 13.4.1992, p. 205 
OJ No. C 120, 12.5.1992, p. 12 
PE 162.863 
G EN 
(Amendment No. 2) 
8th recital a (new) 
Whereas sulphur emissions from inland 
waterways vessels, coastal vessels, 
deep sea vessels and motor vehicles 
crossing the frontier to.or_entering 
the territorial., waters, ^f^„„a_JMember 
State from a third country are__a_ 
significant factor in air pollution; 
whereas there is therefore an urgent 
need for measures to ensure that from 
the moment these vessels and vehicles 
cross the border or enter the 
territorial waters of a Member State 
thev use only fuel whose sulphur 
content complies with the 
requirements of this Directive; 
(Amendment No. 3) 
10th recital 
Whereas Member States must take steps 
to ensure that diesel fuels of a 
maximum sulphur content of 0.05% by 
weight are gradually made available; Whereas, with effect from 1 October 
1995. a diesel fuel of a maximum 
sulphur content of 0.05% bv weight is 
essential to comply with second-step 
standards for particulate emissions 
pursuant to Directive 88/77/EEÇ; 
whereas Member States must therefore 
take steps to ensure that diesel 
fuels of a maximum sulphur content of 
0.05% by weight are gradually made 
available; 
(Amendment No. 4) 
11th recital 
Whereas, in order to attain the 
particulate emission levels set in 
specific Community Directives, the 
sulphur content of diesel fuels 
placed on the market within the 
Community may not exceed 0.2% by 
weight as from 1 October 1994 and 
0.05% by weight as from 1 October 
1996; whereas the Member States roust 
take appropriate measures to achieve 
that objective; Whereas, in order to attain the 
particulate emission levels set in 
specific Community Directives, the 
sulphur content of diesel fuels 
placed on the market within the 
Community may not exceed 0.2% by 
weight as from 1 April 1994 and 0.05% 
by weight as from 1 April 1996; 
whereas the Member States must take 
appropriate measures to achieve that 
objective; whereas it would be 
particularly appropriate, for the 
purpose _&f .^^SAtl&f.y.ingL 
requirements of EEC Directives Jfeh.e. 
on 
reducing harmful gaseous substancqs 
from diesel vehicles, to JJ> iJUse 
fiscal inducements to ensure tho 
availability as soon as POSSib 1 e__.pf 
diesel fuel and heating gas oil with 
a sulphur content of 0.05%.J>y_jte.ighjti 
PE 162.863 
? 
(Amendment No. 5) 
12th recital 
Whereas the increasing use of gas oil 
for motor vehicles implies further 
efforts with regard to the quality of 
diesel fuel, in order to limit the 
adverse effects of such use on air 
quality; whereas setting a maximum 
sulphur content of 0.05% by weight to 
apply from 1 October 1996 for diesel 
fuel allows the industries concerned 
sufficient time to make the technical 
adjustments required; Whereas the increasing use of gas oil 
for motor vehicles implies further 
efforts with regard to the quality of 
diesel fuel, in order to limit the 
adverse effects of such use on air 
quality; whereas setting a maximum 
sulphur content of 0.05% by weight to 
apply from 1 April 1996 for diesel 
fuel allows the industries concerned 
sufficient time to make the technical 
adjustments required; 
(Amendment No. 6) 
13th recital 
Whereas the other uses of gas oils 
and medium oils require an effort to 
be made to reduce air pollution, 
wherein account should be taken of 
their contribution having regard to 
air quality improvement and 
environmental costs and benefits; 
whereas the Commission should submit 
to the Council, which will take a 
decision thereon by 31 July 1994 at 
the latest, a proposal introducing, 
by 1 October 1999 at the latest, a 
lower limit for the sulphur content 
and setting new limit values for 
aviation kerosenes; Whereas the other uses of gas oils 
and medium oils require an effort to 
be made to reduce air pollution, 
wherein account should be taken of 
their contribution having regard to 
air quality improvement and 
environmental costs and benefits; 
whereas the Commission should submit 
to the Council, which will take a 
decision thereon by 31 July 1994 at 
the latest, a proposal introducing, 
by 1 October 1998 at the latest, a 
lower limit for the sulphur content 
and setting new limit values for 
aviation kerosenes; whereas the 
quality of diesel fuel must also be 
Improved with regard tP the çetane 
number (at least 50) and the 
proportion of aromatics (a maximum of 
IOJLLL 
(Amendment No. 7) 
Article 1(2) 
2. This Directive shall not apply to 
gas oils: 
contained in the fuel tanks of 
vessels, aircraft or motor 
vehicles crossing a frontier 
between a third country and a 
Member State; 
intended for processing prior to 
final consumption. 2. This Directive shall not apply to 
gas oils: 
intended for processing prior to 
final consumption; 
contained in the fuel tanks of 
vessels, aircraft or motor 
vehicles crossing a frontier 
between a third country and a 
Member State. 
PE 162.863 
On a proposal from the Commission 
the Council shall decide. no. 
later than 31 July 1994, on 
measures to ensure that with 
effect from 1 October 1995 these 
vessels and vehicles only use 
within the Community gas oils 
with a sulphur content which 
complies with the provisions of 
this Directive. 
(Amendment No. 8) 
Article 2(1) 
1. Member States shall, in order to 
reach the particulate emission levels 
laid down in specific Community 
Directives, take all necessary steps 
to ensure that diesel fuels can be 
placed on the market in the Community 
only if their sulphur compound 
content, expressed in sulphur 
(hereinafter 'sulphur content'), does 
not exceed: 
0.2% by weight as from 1 October 
1994, 
0.05% by weight as from 1 October 
1996. 
Member States shall take steps to 
ensure that the diesel fuels referred 
to in the first paragraph with a 
sulphur content not exceeding 0.05% 
by weight are gradually made 
available. 1. Member States shall, in order to 
reach the particulate emission levels 
laid down in specific Community 
Directives, take all necessary steps 
to ensure that diesel fuels can be 
placed on the market in the Community 
only if their sulphur compound 
content, expressed in sulphur 
(hereinafter ' sulphur content '), does 
not exceed: 
0.2% by weight as from 1 April 
1994, 
0.05% by weight as from 1 April 
1996, 
- 0.02% bv weight as from 1 October 
Member States shall take steps to 
ensure that the diesel fuels referred 
to in the first paragraph with a 
sulphur content not exceeding 0.05% 
by weight are gradually made 
available. Steps shall be taken to 
ensure the availability at all 
filling stations throughout the 
Community with effect from 1 October 
1995 of fuel for vehicles with diesel 
engines which have to satisfy the 
requirements Of the Second stage of 
Directive 91/542/EEC with effect from 
that flate, 
PC 142.8*3 
3 EN 
(Amendment No. 9) 
Article 2(2) 
2. Member States shall take all 
necessary steps to ensure that gas 
oils other than, or used for purposes 
other than, those referred to in 
paragraph 1 (with the exception . of 
aviation kerosenes*) may, as from 1 
October 1994. be marketed in the 
Community only if their sulphur 
content does not exceed 0.2% bv 
weight, 
Before 1 January 1994. the Commission 
shall indicate, in a report to the 
Council, what progress has been made 
in controlling sulphur dioxide 
emissions. At the same time it shall 
submit to the Council a proposal, in 
the more general framework of the 
policy to improve air quality, for 
transition to a second phase. 
prescribing a lower limit bv 1 
October 1999 at the latest. aM 
setting new limit values for aviation 
kerosene. 
The Council shall act by a qualified 
majority by 31 July 1994 at the 
latest. 
* This phrase is missing from the 
English version of the common 
position. 2. Member States shall take all 
necessary steps to ensure that gas 
oils other than, or used for purposes 
other than, those referred to in 
paragraph 1 - with the exception of 
aviation kerosenes - may be marketed 
in the Community only if their 
sulphur content does not exceed 
0.2% by weight from 1 April 1994. 
October Ot 1% PV weight from 1 
1996, 
Before 1 July 1993. the Commission 
shall indicate, in a report to the 
Council, what progress has been made 
in controlling sulphur dioxide 
emissions and submit a proposal, in 
the more general framework of the 
policy to improve air quality, 
prescribing a further reduction 
in the sulphur content of these 
gas oils with effect from 1 
QCtPper 1998, 
setting new limit values for 
aviation kerosene with effect 
from 1 October 1998. 
establishing a qualitative 
improvement in diesel fuel bv 
setting the cetane number at a 
minimum of 50 and the proportion 
of aromatics at a maximum of 10%. 
The Council shall act, pursuant to 
Article 100a. by a qualified majority 
by 31 July 1994 at the latest. 
PE 162.863 
iO EN 
(Amendment No. 10) 
Article 2(3), first subparagraph 
3. If, as the result of a sudden 
change in the supply of crude oil or 
petroleum products, it becomes 
difficult for a Member State to apply 
the limit on the maximum sulphur 
content of gas oil, that Member State 
shall inform the Commission thereof. 
The Commission may authorize a higher 
limit to be applicable within the 
territory of that Member State for a 
period not exceeding^ six^ months, and 
shall notify its decision to the 
Council. Anv Member State mav 
contest that decision pgfpre the 
Council within one jaonth. £he. 
çpunçi;, actâthg W a qraUfi-vd 
maiprityi way adppt a different 
decision within two months. 3. If, as the result of a sudden 
change in the supply of crude oil or 
petroleum products, it becomes 
difficult for a Member State to apply 
the limit on the maximum sulphur 
content of gas oil, that Member State 
shall inform the Commission thereof. 
The Commission may authorize a higher 
limit to be applicable within the 
territory of that Member State for a 
period not exceeding six months. 
(Amendment No. 11) 
Article 3 
No Member State mav. as from the 
dates of application laid down in 
Article 2(1) and (2), prohibit, 
restrict or prevent the placing on 
the market of gas oils, on the 
grounds of their sulphur content» if 
those gas oils comply with the 
requirements of this Directive. Member States must. as from the dates 
of application laid down in Article 
2(1)or (3), prohibit the marketing of 
gas oils if thev do not comply with 
the requirements of this Directive. 
(Amendment No. 12) 
Article 5 
As from 1 October 1994. Directive 
75/716/EEC shall be replaced by this 
Directive. As from 1 October 1993. Directive 
75/716/EEC shall be replaced by this 
Directive. 
(Amendment No. 13) 
Article 6, first paragraph 
Member States will bring into force 
the laws, regulations and 
administrative provisions necessary 
to comply with this Directive not 
later than 1 October 1994. They shall 
forthwith inform the Commission 
thereof. Member States will bring into force 
the laws, regulations and 
administrative provisions necessary 
to comply with this Directive not 
later than 1 October 1993. They 
shall forthwith inform the Commission 
thereof. 
<T PE 162.863 

4 0 ISSN 0254-1475 
COM(92) 600 final 
DOCUMENTS 
EN 14 
Catalogue number : CB-CO-92-628-EN-C 
ISBN 92-77-51530-9 
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