14.8.85 Official Journal of the European Communities No C 205/3 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive amending Directive 75/716/EEC on the approximation of the 
laws of the Member States relating to the sulphur content of certain liquid fuels 
COM(85) 377 final 
(Submitted by the Commission to the Council on 26 July 1985) 
(85/C 205/05) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 100 and 
235 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Council Directive 75/716/EEC (*) obliges 
Member States to take all necessary steps to ensure that 
gas oils can be marketed in the Community only if their 
sulphur content does not exceed certain limits; 
Whereas this Directive provides that the Commission 
may, as appropriate, draw up suitable proposals, in 
particular to amend the sulphur content limits of gas oils, 
as a function of the levels of air pollution due to sulphur 
dioxide; 
Whereas the European Community programmes of 
action on the environment of 1973 (2), 1977 (3), and 
1983 (4) stress the importance of preventing and reducing 
air pollution; 
O OJ No L 307, 27. 11. 1976, p. 22. 
O OJ No C 112, 20. 12. 1973, p. 1. 
O OJ No C 139, 13. 6. 1977, p. 1. 
(4) OJNoC46, 17.2. 1983, p. 1. Whereas, in addition, the Community became, by virtue 
of Council Decision 81/462/EEC (5) a contracting party 
to the Convention on long-range transboundary air 
pollution, which provides in particular for the 
development of strategies and policies to limit and, as far 
as possible, gradually reduce and prevent air pollution; 
Whereas, in view of the noxious effects on the 
environment of sulphur dioxide emissions and, in 
particular, the alarming degradation of certain 
ecosystems due to air pollution, there is an urgent need 
to reduce these emission levels wherever this can be 
achieved by measures that do not involve dispro­
portionate costs; 
Whereas sulphur emissions resulting from the use of gas 
oil give rise to specific problems, such as the deterio­
ration of monuments and the corrosion of materials, 
especially in urban areas; 
Whereas sulphur emissions coming from gas oil use give 
rise, especially in the urban environment, to specific 
problems such as, inter alia, monuments damaging and 
materials corrosion; 
Whereas it is thus necessary to amend the sulphur 
content limits of gas oils marketed in the Community, as 
laid down in Directive 75/716/EEC, so as to reduce the 
emission levels of sulphur dioxide arising out of the use 
thereof as heating or motor fuel; 
Whereas it is also necessary to amend the said Directive 
so as to enable the Member States to require that gas oils 
with a very low sulphur content are used if this is 
necessary because of very serious problems of damage to 
the environment or the heritage connected with SO2 
emissions from this source. 
(') OJNoL 171,27.6. 1981, p. 11. 
No C 205/4 Official Journal of the European Communities 14.8.85 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 75/716/EEC is hereby amended as follows: 
1. In Article 1, paragraphs 1 (b) and (c) are deleted. 
2. Article 2 is replaced by the following: 
'Article 2 
1. Member States shall take all necessary steps to 
ensure that gas oils can be marketed in the 
Community only if their content of sulphur 
compounds, expressed as sulphur, does not exceed 
0,3 % by weight as from 1 July 1987. 
2. Should environmental requirements or the state 
of desulphurization technique change appreciably or 
should the economic situation in the Community as 
regards the supply of crude oil change substantially, 
the Commission may, on its own initiative or at the 
request of a Member State, propose amendment to 
the sulphur content level indicated in paragraph 1. 
The Council may decide on such amendment by a 
qualified majority. 
3. If, because of a change in crude oil supplies, 
changes should occur in the sulphur content of the oil 
such as to jeopardize supplies to consumers in view of 
the shortage of available desulphurization capacity, a 
Member State may allow on to its territory gas oils 
which do not conform to the specification laid down 
in Paragraph 1. It shall forthwith notify the 
Commission, which shall, after consulting the other 
Member States, decide within three months on the 
details of the derogation.' 
3. Article 5 is replaced by the following: 
Article 5 
1. Member States may require the use in special 
zones or, if necessary, in all their territory of gas oils 
the sulphur content of which is lower than 0,3 % but 
higher or equal to 0,2 % by weight as from 1 July 1987, if this is necessary in order to protect the 
environment, public health and the national heritage. 
2. Member States shall inform the other Member 
States and the Commission in advance of any 
decisions which they intended to take in respect of 
paragraph 1 of this Article and of the criteria which 
guided their choice.' 
4. Article 6 is replaced by the following: 
Article 6 
The Commission shall monitor the effects of applying 
this Directive, with particular reference to Articles 2 
and 5, and will, as appropriate, draw up suitable 
proposals, in the light of any new information on the 
atmospheric sulphur dioxide pollution levels recorded, 
on progress towards defining Community air quality 
objectives, on the state of the environment and on the 
harmful effects of air pollution.' 
5. Article 7 (2) is replaced by the following: 
'2. The reference method adopted for determining 
the sulphur content of gas oils which are marketed is 
defined by European Standard EN 41. 
The statistical interpretation of the results of the 
checks made to determine the sulphur content of the 
gas oils marketed shal be made according to standard 
ISO 4259 (1979 edition).' 
Article 2 
1. Member States shall bring into force the requisite 
laws, regulations and administrative provisions for 
compliance with this Directive by 1 July 1986 at the 
latest and shall forthwith inform the Commission 
thereof. 
2. Member States shall ensure that the texts of 
national legislation which they adopt in the field covered 
by this Directive are communicated to the Commission. 
Article 3 
This Directive is addressed to the Member States.