Proposal for a European Parliament and Council Directive relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (97/C 77/01) (Text with EEA relevance) COM(96) 248 final - 96/0163(COD)

(Submitted by the Commission on 29 August 1996)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social Committee,

Acting in accordance with the procedure referred to in Article 189b of the Treaty:

(1) Whereas disparity between the laws or administrative measures adopted by the Member States on specifications of conventional and alternative fuels used in spark-ignited and diesel vehicles creates barriers to trade in the Community and may thereby have a direct impact on the establishment and functioning of the internal market; whereas in accordance with the provisions of Article 3b of the Treaty, it therefore appears necessary to approximate the laws in this field;

(2) Whereas, Article 100a (3) of the Treaty envisages that Commission proposals aimed at the establishment and functioning of the internal market and concerning environmental protection will take as a base a high level of protection;

(3) Whereas primary air pollutants such as nitrogen oxides, unburnt hydrocarbons and particulate matter are emitted in significant amounts through the exhaust and evaporative fumes of motor vehicles thereby posing directly and indirectly through the development of the secondary pollutant ozone, a considerable risk to human health and the environment;

(4) Whereas despite the increasing stringency of vehicle emission limit values laid down by Council Directive 70/220/EEC (1), as last amended by Directive 97/.../EC of the European Parliament and of the Council (2), and by Council Directive 88/77/EEC (3), as last amended by Directive 96/1/EC (4), further measures to reduce atmospheric pollution caused by vehicles and other sources are necessary in order to achieve satisfactory air quality;

(5) Whereas Article 4 of Directive 94/12/EC of the European Parliament and of the Council (5) introduced a new approach with regard to emission reduction policies for and beyond the year 2000 and required the Commission to examine, inter alia, the contribution that improvements in the quality of petrol and diesel and other fuels could make to reducing air pollution;

(6) Whereas the European Auto/Oil Programme, the details of which are outlined in the Commission's Communication on a future strategy for the control of atmospheric emissions from road transport, provides the scientific, technical and economic basis for the introduction at Community level of new environmental fuel specifications for petrol and diesel fuels;

(7) Whereas the introduction of environmental fuel specifications for petrol and diesel fuels is an important element of the cost-effective package of European-wide and national/regional/local measures identified by the European Auto/Oil Programme;

(8) Whereas the implementation of a combination of European-wide and national/regional/local measures to reduce vehicle emissions is part of the Commission's overall strategy to reduce air emissions from mobile and stationary sources in a cost-effective and balanced way;

(9) Whereas the Directive should apply without prejudice to the provisions of Council Directive 92/81/EEC (6), as last amended by Directive 94/74/EC (7), and in particular Article 8(4) thereof;

(10) Whereas fuel specifications aiming at the reduction of both exhaust and evaporative emissions are generally lacking;

(11) Whereas, it is to be expected that by 2000 all petrol-driven road vehicles should be able to run on unleaded petrol and whereas, therefore, leaded petrol should, as from that date, no longer be marketed;

(12) 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;

(13) Whereas, in order to protect human health and/or the environment in specific locations with special problems of air quality, Member States should be permitted to require the marketing of special fuels;

(14) Whereas, in order to ensure compliance with the fuel quality standards required under this Directive, Member States should introduce monitoring systems. Such monitoring systems should be based on common procedures for sampling and testing;

(15) Whereas, on the basis of a comprehensive assessment, the Commission should, within 12 months of the adoption of this Directive, but in any case no later than 31 December 1998, come forward with a proposal to amend the provisions of this Directive;

(16) Whereas further developments with regard to reference methods for measuring the specifications set out in this Directive may be desirable in the light of scientific and technical progress; whereas to this end, provision should be made in order to adapt the Annexes to this Directive to technical progress;

(17) Whereas Council Directive 85/210/EEC of 20 March 1985 on the approximation of the laws of the Member States concerning the lead content of petrol (8), as last amended by the Act of Accession of Austria, Finland and Sweden, Council Directive 85/536/EEC of 5 December 1985 relating to crude-oil savings through the use of substitute fuel components in petrol (9), as amended by Commission Directive 87/441/EEC (10), and Article 1 (1) (b) and Article 2 (1) of Council Directive 93/12/EEC of 23 March 1993 relating to the sulphur content of certain liquid fuels (11), should be repealed accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Scope

This Directive sets technical specifications on health and environmental grounds for all fuels - conventional and alternative - to be used in spark-ignition and diesel vehicles.

Article 2

Definitions

For the purpose of this Directive:

1. 'petrol` means any volatile mineral oil intended for the operation of internal combustion spark-ignited engines used for the propulsion of vehicles and falling within CN codes 2710 00 27, 2710 00 29, 2710 00 32, 2710 00 34 and 2710 00 36.

2. 'diesel fuels` means gas oils falling within CN code 2710 00 69 and used for self-propelling vehicles as referred to in Directive 70/220/EEC, Directive 88/77/EEC and Council Directive 74/150/EEC (12) and those used for engines in non-road mobile machinery (13), which means any machine or vehicle with or without body work, powered by a compression ignition engine, with the exception of those vehicles intended for the use of passenger - or goods - transport on the road and agricultural tractors as defined in Article 1 of Directive 74/150/EEC, having a power output of not more than 560 kW².

Article 3

Petrol

1. As from 1 January 2000 Member States shall prohibit the marketing of all leaded petrol within their territory.

2. Member States shall ensure that within their territory petrol can be marketed only if, with regard to certain parameters of environmental relevance, they comply with the specifications set out in Annex I.

3. By way of derogation from the provisions of paragraph 1, Member States may continue to permit the marketing of leaded petrol in their territory until three years after the adoption of this Directive, but in any case not later than 1 January 2002, if it can be demonstrated that the introduction of a total ban on the marketing of leaded petrol as from 1 January 2000 would result in severe socio-economic difficulties.

Member States wishing to make use of the derogation, must inform the Commission before 1 January 1999. The Member State shall also provide the Commission with a justification of the need for such a derogation.

The Commission may authorize the derogation for the marketing of leaded petrol.

The Commission shall notify the Member States and inform the Council of its decision.

Article 4

Diesel fuels

Member States shall ensure that within their territory diesel fuel can be marketed only if, with regard to certain parameters of environmental relevance, they comply with the specifications set out in Annex II.

Article 5

Free circulation

No Member States may prohibit, restrict or prevent the placing on the market of fuels which comply with the requirements of this Directive as from the date of application laid down in Article 13 (1).

Article 6

Special fuels

1. By derogation from the provisions of Articles 3, 4 and 5, Member States may in specific areas in which atmospheric pollution constitutes or may reasonably be expected to constitute a serious and recurrent problem for human health and/or the environment, require the marketing of fuels of a higher quality than those foreseen in this Directive.

2. Member States wishing to make use of the derogation provided for in paragraph 1 must inform the Commission in advance, of the measures it intends to take. The Member State shall also provide the Commission with data on ambient air quality for the area in question as well as the predicted effects on air quality of the measures proposed. In addition, the Member State shall also provide the Commission with evidence that the proposed measures respect the principle of proportionality and that they will neither disrupt the free movement of persons and goods nor unduly distort competition.

The Commission, after informing the other Member States of the information received, may authorize the specific measures for the marketing of cleaner fuels as proposed by the Member State in question.

The Commission shall notify the Member States and the Council of its decision.

Any Member State may refer the Commission's decision to the Council within one month of its notification.

The Council, acting by a qualified majority, may take a different decision within one month of the matter being referred to it.

Article 7

Change in supply of crude oils

If a sudden change in the supply of crude oils or petroleum products renders it difficult for the refineries in a Member State to respect the fuel specification requirements of Articles 3 and 4, that Member State shall inform the Commission thereof. The Commission after informing the Member States, may authorize higher limit values in that Member State for one or more fuel components for a period not exceeding six months.

The Commission shall notify the Member States and the Council of its decision.

Any Member State may refer the Commission's decision to the Council within one month of its notification.

The Council, acting by a qualified majority, may take a different decision within one month of the matter being referred to it.

Article 8

Monitoring compliance system and reporting

1. Member States will establish programmes to monitor compliance with the requirements of Article 3 (2) and Article 4.

2. The analytical methods used to determine the concentration/level of a substance/parameter in the fuel will be the standard methods specified in Annexes I and II.

3. The Commission will promote the development of a uniform system for compliance monitoring programmes. The Commission may for the purposes of developing such a system request the assistance of CEN.

4. Within 12 months after the date of entry into force of this Directive, Member States will submit to the Commission a detailed description of their national compliance programme.

5. As from the year 2002, Member States will submit to the Commission by 30 June each year a summary of the results from the national compliance monitoring programme from the previous calendar year. The Commission will establish a common format for the submission of such summary results.

Article 9

Review process

1. The Commission will, periodically and for the first time not later than 12 months from the date of adoption of this Directive but in any event not later than 31 December 1998, and in the light of the assessment carried out in conformity with the requirements of Article 5 of Directive 96/.../EC, submit to the European Parliament and the Council a proposal for a revision of this Directive. This proposal will include further, cost effective, improvements to the specifications for petrol and diesel fuels with regard to the parameters laid down in Annexes I and II to this Directive and should comprise, in particular, a significant reduction in the sulphur content of both petrol and diesel fuels, to come into effect on 1 January 2005. This action will form an integral part of a strategy designed to produce effects to meet the requirements of the Community air quality standards and other related objectives at least cost.

2. In addition to the provisions of paragraph 1, the Commission may bring forward proposals to ensure the necessary availability and sufficient distribution throughout the Community before 2005, of fuels of a quality compatible with the effective functioning of the new pollution abatement technologies. In preparing such proposals the Commission shall have regard in particular, to considerations of air quality, cost-effectiveness and proportionality, and shall also take into account:

- the latest information with regard to the interaction between fuel quality and the performance of new pollution abatement technologies such as the de-NOx catalyst;

- the situation with regard to the development and production of the new pollution abatement technologies and the forecasts with regard to the marketing of vehicles equipped with such technologies;

- the need to ensure that the measures proposed will neither disrupt the free movement of persons and goods nor unduly distort competition.

3. The proposal referred to in paragraph 1 shall be submitted to the European Parliament and the Council at the same time as the proposal referred to in Article 5 of Directive 97/...EC; the measures shall enter into effect at the same time as the measures provided for in the proposal to be submitted in accordance with Article 5 of Directive 97/.../EC.

Article 10

Procedure for adaptation to technical progress

Any amendments which are necessary in order to adapt the measuring methods as laid down in Annexes I and II to this Directive, to take account of technical progress, shall be adopted by the Commission assisted by the Committee established in accordance with Article 12 of Directive 96/.../EC (14) and in accordance with the procedure laid down in Article 11 of this Directive.

Article 11

Committee procedure

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.

The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.

Article 12

Repeal and amendment of the existing directives related to the fuel quality of petrol and diesel fuels

1. Directive 85/210/EEC and Directive 85/536/EEC are repealed as from the date of application laid down in Article 13 (1).

2. Directive 93/12/EEC is amended by deleting Article 1 (1) (b) and Article 2 (1) as from the date of application laid down in Article 13 (1).

Article 13

Transposition into national legislation

1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 July 1999. They shall immediately inform the Commission thereof.

Member States shall apply these provisions from 1 January 2000.

When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

2. Member States shall communicate to the Commission the texts of the provisions of national legislation which they adopt in the field covered by this Directive.

Article 14

Entry into force of the Directive

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

Article 15

This Directive is addressed to the Member States.

(1) OJ No L 76, 6. 4. 1970, p. 1.

(2) See p. ... of this Official Journal.

(3) OJ No L 36, 9. 2. 1988, p. 33.

(4) OJ No L 40, 17. 2. 1996, p. 1.

(5) OJ No L 100, 19. 4. 1994, p. 42.

(6) OJ No L 316, 31. 10. 1992, p. 12.

(7) OJ No L 365, 31. 12. 1994, p. 46.

(8) OJ No L 96, 3. 4. 1985, p. 25.

(9) OJ No L 334, 12. 12. 1985, p. 20.

(10) OJ No L 238, 21. 8. 1987, p. 40.

(11) OJ No L 74, 27. 3. 1993, p. 81.

(12) OJ No L 84, 28. 3. 1974, p. 10.

(13) OJ No C 328, 7. 12. 1995, p. 1.

(14) Proposal submitted by the Commission on Ambient Air Quality Assessment and Management - COM(94) 109 final, 94/0106 (SYN) (OJ No C 216, 6. 8. 1994, p. 4).

ANNEX I

ENVIRONMENTAL SPECIFICATIONS FOR MARKET FUELS TO BE USED FOR VEHICLES EQUIPPED WITH POSITIVE IGNITION ENGINES

Type: Petrol

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ANNEX II

ENVIRONMENTAL SPECIFICATIONS FOR MARKET FUELS TO BE USED FOR VEHICLES AND NON-ROAD MOBILE MACHINERY EQUIPPED WITH COMPRESSION IGNITION ENGINES

Type: Diesel fuel

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