18. 2. 91 Official Journal of the European Communities No C 41/51 
Opinion on the proposal for a 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 emissions of gaseous pollutants from diesel engines for use in vehicles (x) 
(91/C 41/17) 
On 29 June 1990 the Council decided, in accordance with Article 100A of the Treaty 
establishing the European Economic Community, to consult the Economic and Social 
Commitee on the abovementioned proposal. 
The Section for Industry, Commerce, Crafts and Services was instructed to prepare the work 
on this topic and adopted its Opinion on 9 November 1990. Rapporteur: Mr Pearson. 
The Economic and Social Committee, at its 281st plenary session, meeting on 20 November 
1990, adopted by a majority with 4 abstentions the following Opinion. 
1. Introduction 
1.1. The Committee sees this as a very important 
proposal to the Council and thus is disappointed that 
it is presented as an amendment to Directive 88/77/ 
EEC (as amending Directive 70/156/EEC), believing 
that it would have been better as a new Directive. In 
order that all the requirements of the previous Direc­
tives, as now amended, are quite clear, a comprehensive 
document of the final position should be prepared and 
made available by the Council. 
1.2. Particulate pollutants are now included in the 
limit values, as well as the gaseous pollutant emissions. 
1.3. Pollution knows no borders and the Committee 
is conscious of the damage to the environment in the 
long term should dangerous emissions not be reduced 
as an urgent priority. 
1.4. The increase of diesel-engined vehicles makes 
this element of the problem of growing importance. 
1.5. A balance, wherein industry continues to take 
account of environment aspects, has to be achieved as 
soon as possible. The interest of the public is bound to 
be engendered by the proposals, with concern for the 
negative effect on public health. 
1.6. The Committee approves the measures pro­
posed to the Council but foresees that the deadlines for 
the two stages may only be attained if: 
(a) the specification for an improved diesel fuel is 
decided upon at an early date; and (b) the Member States each take fast positive action 
to facilitate the necessary testing and certification. 
2. Diesel fuel 
2.1. Vital to the success of the second stage of the 
programme formulated by the Council is the correlation 
between the oil refining industry, which provides the 
diesel fuel, and the motor-vehicle manufacturers. An 
internationally coordinated schedule for development 
is very important as both the industries involved await 
the deliberations of the CEN(2), which has been asked 
to give a definition of future European specifications 
for diesel fuels. 
2.2. Quite apart from the delay dependent upon the 
CEN. Report, subsequent time will be needed to fulfil 
the requirements. It is known that the refining industry 
is anxious to cooperate fully but the time element in the 
necessary new construction and conversion processes 
together with the investment involved are perhaps not 
fully recognized in the time schedule. 
2.3. That the Council has proposed two stages shows 
that it is aware of the position concerning the need for 
an improved specification for diesel reference fuel. The 
Committee believes that this awareness indicates that 
an updated Directive on the sulphur content in diesel 
fuel is necessary as a matter of urgency, bearing in mind 
that the new diesel fuels will need to be available for 
new model vehicles two years prior to the deadline 
called for. 
3. Vehicle production 
3.1. Concerning the stage one schedule, whereby all 
existing models are required to be adjusted and receive 
(]) OJ No 187, 27. 7. 1990, p. 6. (2) CEN: Comite europeen de normalisation. 
No C 41/52 Official Journal of the European Communities 18. 2. 91 
a certificate of compliance not later than 31 December 
1992, the Committee must point out that current facili­
ties in several Member States are quite inadequate to 
meet the certification and testing requirements that 
arise. The necessary equipment and training of the 
technical and clerical staff must be provided urgently: 
this is not a function for the engine manufacturers or 
the oil refining industry and must be undertaken by 
the Member States without delay if the task is to be 
accomplished. 
3.2. The Committee questions whether it is wise 
to raise doubts concerning the validity of the present 
procedure for measuring the exhaust emission levels of 
commercial vehicle diesel engines. The R-49 13 Mode 
test procedure is widely recognized in Europe. Its corre­
lation with the USA method of testing is also well 
established. 
3.3. European manufacturers concerned in pro­
duction of diesel engine vehicles are already working 
on the development of engines and ancillary equipment 
(such as injectors and pumps) in accordance to the test 
procedures agreed in UN-ECE Regulation 49 between 
EC, the European Free Trade Association (EFTA), 
COMECON countries. The Committee therefore rec­
ommends that the final decision of the Council takes 
into account the test procedures and emission standards 
under Regulation 49 to attain a uniformity of the emis­
sions requirements in a European context. If the CEN 
should propose a different specification for diesel fuel 
then there will be confusion and considerable pro­
duction difficulty for the manufacturers. 
3.4. The replacement of all models in production 
poses undeniable technical and design related problems 
especially as the existing Directive (88/77/EEC) applies 
to all diesel engine types of commercial vehicles as from 
1 October 1990. 
3.5. Aware of the great importance to the general 
environment and public health of the various stages 
being attained, the Member States are urged to carry 
out the requirements as soon as the Directive is adopted. 
The approval of the Council of the Directive during 
1990 and the necessary national legislation by the Mem­
ber States within six months of that date is vital. Despite 
that cooperation of Council and Member States it is 
recognized that there are practical production con­
straints toward the meeting of the deadlines and emis­
sion limit values. Thus the goodwill of every sector 
will be required to meet the stage dates especially as 
Directive 88/77 gave 2 years for the implementation of all types of vehicles. The proposed dates, for both 
stages, by the Commission are: 
New engine types 
All engine types Step I 
1. 7. 1992 
1. 1. 1993 Step II 
1. 10. 1996 
1. 10. 1997 
4. The Committee must, yet again, stress in the 
strongest terms the obligations of the Member States 
in relation to the application as required by Community 
Directives, of vehicle exhaust emission levels and of 
safety factors. New vehicles are put on the road in 
accordance with the requirements but all too often the 
regular testing of vehicles thereafter is not done and 
thus safety is impaired and the environment polluted 
inexcusably. The Council is urged to see that this matter 
is attended to, equally closing the door to second hand 
imports from third countries which do not comply with 
the standards. 
5. Conclusions 
5.1. The Committee reiterates its acceptance of the 
Council's aims and believes they are attainable subject 
to the testing and certification provisions being revised 
and the improved diesel fuel specification is immedi­
ately decided upon. Recognizing that 31 December 1992 
is an important date for the free market of the European 
Community, it is highly desirable that stage one, for 
current production models, should enable the freedom 
of movement, with a common standard prevailing, in 
all Member States. 
5.2. The Committee believes that a uniform set of 
standards for Europe for diesel-engined vehicles is pref­
erable to one which applies only to the European Com­
munity. 
5.3. The health and safety of the public, as well as 
an improvement of the environment, are dependent on 
the enactment and implementation of all existing 
vehicle Directives together with the exhaust-emission 
limit value provisions being considered by the Council. 
This can only be achieved by each Member State giving 
proper attention to control of emissions from vehicles 
already in use, as well as the safety factor requirements, 
on a regular basis. 
5.4. The Committee reiterates that it is essential, if 
the various scheduled deadlines are to be possible to 
attain, that the Council adopt the draft amending Direc­
tive prior to the end of 1990, and the subsequent enact­
ment of legislation by all the Member States within six 
months of that date. 
18. 2. 91 Official Journal of the European Communities No C 41/53 
5.5. Article 3: this Article should be altered to read and administrative provisions within six months from 
that Member States bring into force the laws, regulations the date of adoption of the Directive by the Council. 
Done at Brussels, 20 November 1990. 
The Chairman 
of the Economic and Social Committee 
Francois STAEDELIN 
APPENDIX 
to the Opinion of the Economic and Social Committee 
The following amendment, based on the Section Opinion and tabled in accordance with the Rules of 
Procedure, was rejected during the debate: 
Page 2 — Replace 2.2 with the following: 
'2.2. A precise deadline has to be fixed for the definition of the specifications for improved diesel fuels. In 
addition to this, the Member States must ensure that the refining industry promptly adjusts its production 
processes to meet this goal.' 
Voting 
For: 27, against: 33, abstentions: 6