COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 09.07.1997 
COM(97) 354 final 
95/0209 (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 
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 internal combustion engines to be 
installed in non-road mobile machinery 
AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 189 a (2) of the EC Treaty 

1. Introduction 
The proposal [COM(95)350 final - 95/0209 (COD)]1 was submitted to the Council 
and to the European Parliament on 7/9/1995. 
The Economic and Social Committee adopted its opinion on 28 February 1996.2 
The European Parliament approved the proposal, in first reading, on 25.10.1995 
without amendments.3 
On 25 June 1996 the Council reached a unanimous common position on the 
Directive. On 20.01.1997, pursuant to the second subparagraph of Article 
189b(2) of the EC Treaty, the Council formally adopted its common position (No 
15/97) on the Commission's proposal.4 
In second reading, the European Parliament on 13 May 1997 adopted 3 
amendments to the common position. 
2. Aim of the Proposal 
The aim of the proposal is to reduce air pollution from a hitherto unregulated sector of 
growing importance. Thus, its purpose is to achieve a high level of protection for human 
health and the environment while contributing to the completion of the single market by 
the establishment of uniform emission standards which must be met by new interna! 
combustion engines to be installed in non-road mobile machinery. 
While the environmental impact from this source was already considerable in 1990, 
forecasts for the year 2010 show that its share of contribution to pollution will 
increase dramatically in comparative terms, because of considerable reductions in 
pollution from road transport. The importance of this source of pollution is 
underlined by the fact that, even assuming that the proposal is adopted and a 
considerable emission reduction from new machinery engines - and from those of 
agricultural tractors by means of a linked proposal currently under preparation - is 
achieved, particulate matter emissions will be nearly as high as those stemming 
from all motor vehicles on the road. Nitrogen Oxides will be about two thirds of those 
produced by road transport. Recent investigations in European air-quality within the 
context of the auto-oil programme have indicated that reductions in emissions of these 
substances from ali sources are a top priority. 
The proposed Directive foresees the progressive introduction of rigorous emission 
standards, to be introduced in two stages by use of a tight time table. Stage 1 should 
take effect from September 1998, and Stage 2 should be phased in between January 
2001 and December 2003. Therefore, a timely adoption is urgent, in order to achieve 
the utmost degree of emission reduction and in order to avoid those additional delays 
O.J. C 328, 07.12.1995, p. 1 
O.J. C 153, 28.05.1996, p. 2 
O.J. C 308, 20.11.1995, p. 29 
O.J. C 123,21.04.1997, p. 1 
that would be caused by essential changes of the proposal which would be needed to 
adapt it to a different time schedule. 
3. The Commission's position on the amendments proposed by the 
Parliament at second reading 
The Commission accepts Amendment 1 (to recital 21a -new) which refers to the 
"modus vivendi", by introducing a relevant recital in its amended proposal. 
Amendments number 3 (to article 14) and 4 (to article 15) are not accepted: 
Amendment number 3 is not compatible with the existing rules on comitology and 
would imply a change of the legislation in force in relation to comitology. 
Amendment number 4 is related to the committee type procedure for adaptation to 
technical progress. In principle, the Commission is in favour of the approach proposed 
by the Parliament to use an advisory committee. However, in order to enable an 
adoption in a foreseeable timeframe the Commission has accepted a type lib committee 
on request of the Council. This procedure does not create fundamental problems for a 
smooth management and adaptation of the Directive. 
4. Amended proposal 
Following the second reading of the draft Directive by the European Parliament, the 
Commission herewith modifies its proposal for a Directive by including one of the three 
amendments which were adopted by the European Parliament on 13 May 1997. The 
modification is shown in Annex I. 
ANNEX I 
AMENDED PROPOSAL FOR 
A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND 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 internal combustion engines to 
be installed in non-road mobile machinery 
Common position of the Council Modified proposal 
New Recital 21a 
(following amendment 1) 
Whereas an agreement on a "modus 
vivendi" between the European 
Parliament, the Council and the 
Commission concerning the 
implementing measures for acts 
adopted in accordance with the 
procedure laid down in Article 189b of 
the EC Treaty was reached on 20 
December 19941 
0J C 102, 04.04.1996, p.1 
ISSN 0254-1475 
COM(97) 354 final 
DOCUMENTS 
EN 14 06 15 
Catalogue number : CB-CO-97-341-EN-C 
ISBN 92-78-22367-0 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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