OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL relating to measures 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 250 (2) of the EC Treaty

2000/0336 (COD)

OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery

Article 251, paragraph 2, third subparagraph, letter c) of the Treaty establishing the European Community establishes that the Commission gives an opinion on the amendments proposed by the European Parliament in the second reading.

The Commission hereafter gives its opinion on the four amendments adopted by the European Parliament.

1. Background

Transmission of the proposal to the Council and the 18 December 2000

European Parliament (COM (2000) 840 final

- 2000/0336(COD)) in accordance with article 251

of the Treaty

Commission original proposal published: 26 June 2001

Opinion of the Economic and Social Committee 11 July 2001

Opinion of the European Parliament - first reading 2 October 2001

Adoption of a political agreement 29 October 2001

Adoption of a common position 25 March 2002

Opinion of the European Parliament - second reading 2 July 2002

2. Objective of the Commission proposal

The objective of the proposal is to extend the scope of current Directive 97/68/EC on emissions from compression ignition engines to be used in non-road mobile machinery to cover also small spark ignition (petrol) engines (lawn mowers, chain saws, trimmers, cutters, pumps, generating sets etc). These engines are produced world-wide to a number of about 25 million yearly and their contribution to the overall emissions of the VOC in the Community is 10-15%. This amendment will contribute to achieving ambient air quality targets especially concerning ground level ozone.

The main elements of the proposal are:

* Two stages of limit values to apply from 18 months after the entry into force of the Directive (stage I) and 2004-2010 depending on engine class (stage II)

* A system of averaging and banking and some special arrangements for small volume manufacturers and small engine types in order to obtain a world wide alignment

3. Commission opinion on the amendments adopted by the Parliament

Amendments accepted by the Commission

The Parliament adopted four of the five amendments tabled (1, 3, 4 and 5), all of which can be accepted by the Commission.

Amendment 1 addresses the possibility for Member State to label engines to inform consumers that engines meet the stage II limit values already before they enter into force. Amendment 3 clarifies the text concerning the implementation of limit values for constant speed engines. Amendments 4 and 5 give time-limited exemptions for some types of engines and at the same time allow the Commission to extend this time limit if necessary for technical reasons.

4. Conclusion

Having regard to Article 250, paragraph 2, of the EC treaty, the Commission modifies its proposal as indicated above.