Opinion on the proposal for a European Parliament and Council Directive amending Directive 88/77/EEC 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 diesel engines for use in vehicles ()

(95/C 155/03)

On 10 February 1995, the Council decided to consult the Economic and Social Committee, under Article 100a of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing the Committee's work on the subject, adopted its Opinion on 5 April 1995. The Rapporteur was Mr Denkhaus.

At its 325th Plenary Session (meeting of 27 April 1995), the Economic and Social Committee unanimously adopted the following Opinion.

1. Gist of the Commission proposal

1.1. The proposal relates to diesel engines mounted in commercial vehicles (Category N, unlimited total mass) and passenger vehicles (Category M, maximum permissible mass of more than 3,500 kg.).

1.2. Article 5(2) of Directive 91/542/EEC required the Commission to report to the Council before the end of 1993 on progress made regarding the availability of techniques for controlling air-polluting emissions from diesel engines, particularly those with a power output not exceeding 85 kW. The report should also present statistical methods for monitoring the production conformity of these engines. On the basis of this report, the Commission should, if necessary, propose to the Council an 'upward' revision of the limit values for particulate emissions.

1.3. Whilst existing technology enables heavy-duty diesel engines to comply with the extremely ambitious EURO 2 limits for all types of emission laid down in Directive 91/542/EEC, most small diesel engines with a power output not exceeding 85 kW cannot fully meet these targets. The particulate emissions of these engines can be significantly reduced but the EURO 2 limits cannot be completely achieved; the industry has therefore been allowed more time and must now make the necessary design changes by 1999.

1.4. In order to encourage smaller diesel engines' early compliance with the lower particulate emission limits, the Member States can grant tax incentives to promote the introduction of vehicles complying with the EU rules. These incentives must be compatible with the Treaty and satisfy certain conditions to avoid distorting the internal market.

2. General comments

2.1. Like many provisions that have been adopted in the past and others that are likely to be adopted in the future, the Commission proposal has been shaped by the conflict between technical feasibility and environmental and health requirements. The limits are set by (a) state-of-the-art technology and its economic viability and (b) the level to which we want to reduce the environmental and health burdens created by our living and working conditions in general and by industry and the transport sector in particular.

2.2. In outlining its options for action, the Commission appears to be facing a dilemma between total compliance with all EURO 2 limits, with correspondingly adverse consequences for the design of smaller commercial vehicles, and temporary abandonment of the complete reduction of particulate emission values for smaller diesel engines. In the light of the present situation, it is difficult to decide whether the Commission has opted for the most appropriate line of action.

2.3. Whilst the proposed alignment of all other small diesel engine emissions, with the exception of particulate emissions, on the EURO 2 standard represents a considerable advance on the present position, it must be seen in the light of the overall reduction of emission limit values. The approximately 60% reduction in the particulate emission limit for these engines is a significant step forward.

2.3.1. Nevertheless, since these commercial vehicles operate principally in conurbations and urban areas and since particulate emissions constitute a particular health threat, the Committee expressly regrets that a transitional period of more than 4 years has had to be allowed for the attainment of the EURO 2 value.

2.4. The Commission's proposed new method for monitoring production conformity is to be warmly welcomed. It is technically reliable and standardizes testing and engineering practices in this field.

3. Specific comments

3.1. The modification of the existing criterion for the small diesel engines covered by this proposal from a power output not exceeding 85 kW to a maximum swept cylinder volume of 0.7 dm3 and a rated power speed of more than 3,000 min-1 is a fundamental improvement. It further reduces the category of engines covered by this exemption.

3.2. The Committee calls on the Commission to examine once again, in conjunction with the industry and the relevant economic and social interest groups, the possibility of ending the exceptional regime for small diesel engines before 30 September 2000.

3.3. As already indicated, the market impact of small diesel engines conforming to the Commission proposal has so far been slight. Only limited numbers of vehicles incorporating such engines are sold. It should, however, be borne in mind that the new EU driving-licence requirements () will inevitably change vehicle users' purchasing habits and preferences for certain designs and may result in these vehicles increasing their share of the market.

3.4. The tax incentives to promote the early introduction of engines which comply fully with the EURO 2 standard are to be welcomed in principle. However, only the users of such vehicles should benefit so as to prevent the incentive from being granted twice by different Member States.

3.4.1. Limiting the tax incentives to the additional cost of the necessary equipment and its fitting seems questionable in view of the assessment basis, and could be interpreted in different ways.

4. Conclusions

4.1. Whilst the proposed new procedure for verifying the conformity of production is extremely welcome, the Commission should investigate the possibility of ending the special arrangements for particulate emissions from small diesel engines at an earlier stage.

4.2. Since these new provisions are to apply to the 'type approval' of new engines from 1 October 1995 and bearing in mind the time required for completion of the relevant procedures, the Economic and Social Committee calls for the rapid implementation of the Commission proposal.

4.3. Tax incentives to encourage the early introduction of low-emission engines have proved to be a highly effective environmental protection measure.

Done at Brussels, 27 April 1995.

The President

of the Economic and Social Committee

Carlos FERRER

() OJ No C 389, 31. 12. 1994, p. 23.

() From 1 July 1995, the threshold for the award of either a passenger vehicle or heavy goods vehicle licence will be a maximum permissible mass of 3,500 kg.; since existing provisions in the majority of Member States specify a higher maximum permissible mass, there has been a large volume of vehicles in the vicinity of the limit.