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Ei:.,-T"" COMVIISSION OF THE EUROPEAN COMMUNITIES 
COM(93)626 final - COD 448 
Brussels, 1 December 1993 
«IT»,'- ' Amended proposal for a 
Directive of the European Parliament and the Council 
amending Directive 70/220/EEC 
on the approximation of the laws of the Member States 
relating to measures to be taken against 
air pollution by emissions from motor vehicles. 
^^rsi-^: 
tSRift1 (presented by the Commission pursuant to Article 189A(2) of the EC-Treaty) 
-2 
Explanatory Memorandum 
On 23 December 1992, the Commission sent to the Council a proposal for a directive amending 
Directive 70/220/EEC on the approximation of the laws of the Member States relating to 
measures to be taken against air pollution by emissions from motor vehicles (COM(92) 572 of 23 
December 1992). 
On 27 October 1993, the European Parliament approved the proposal in the first reading, subject 
to 23 amendments. The Commission has accepted 3 of the proposed amendments with drafting 
changes. 
The first of these amendments clarifies the motivation of the present directive in referring to the 
increase of the environmental burden caused by road transport in the Community. 
The second amendment draws attention to the important research programme on emissions, fuels 
and engine technologies which has been agreed between the Commission and the automobile and 
petroleum industries ( the "Auto-Oil" programme) in view of the measures to be proposed for the 
next stage to reduce car emissions (stage 2000) caused by automobile traffic. 
The third amendment refers to the need to control the emissions of carbon dioxide (CO2) from 
automobiles. 
The Commission therefore proposes to insert three new recitals in the legal part of the directive. 
The Commission is unable to accept the other amendments since they would, in essence, alter the 
concept of the proposal in a major way by setting mandatory limit values for two future stages 
(1996 and 1999) and not just one as proposed by the Commission (1996). In addition, the 
presently available technical and industrial data do not support the European Parliament's view 
that more stringent standards than those proposed by the Commission are feasible for 1996. 
The European Parliament's amendments would also allow for tax incentives to be given beyond 
1996, a proposal which the Commission cannot accept since it would give rise de facto to a 
proliferation of standards in the market with consequential negative effects on the unity of the 
internal market. 
While the Commission maintains its view that tax incentives covered in Article 3 of its proposal 
should be permitted only to incentivise the next stage of limit values, it would like to clarify one 
element of its proposals which may facilitate a compromise in the Council and which responds to 
the European Parliament's desire to encourage through greater fiscal incentivisation the early 
introduction of clean cars. 
Within the framework of road circulation taxes (annual road taxes), the Commission 
confirms the position stated in the Council-Commission Declaration in the Minutes of the 
Environment Council of 20/21 December 1990 that the provisions of Article 3 shall not 
prevent tax systems from including emissions of pollutants and other substances in the 
basis for calculating motor vehicle circulation taxes. In particular the Commission 
emphasises that progressive circulation tax schemes which are based on the precise 
emissions performance of each vehicle rather than a set of norms drawn from a third 
country could satisfy the requirement laid down under point C(iii) of its own Declaration at 
the same Council, namely, that such schemes should not undermine and render 
inoperational emissions standards adopted by the Community. 
The Commission wishes to emphasise, however, as it did in its Council Declaration of 
December 1990 , the necessity to examine such circulation tax measures in the light of 
Community law notably with respect to the Internal Market, and the risk that such tax 
measures might distort competition and constitute discriminatory taxation. Tax incentive 
measures in the field of circulation taxes should therefore continue to be notified in 
advaoce to te Commission under Article 3 of te draft directive. 
The Commission emphasises also that purchase tax incentives must be integrally governed 
by te provisions of Article 3 of the Commission's draft directive and the relevant 
provisions of Community law; in particular these incentives shall not be permitted to be 
given other than to incentivise the new 1996 limit values and shall cease to be applied at 
the end of 1996. 
Amended proposal for a 
Directive of the European Parliament and the Council 
amending Directive 70/220/EEC 
on the approximation of the laws of the Member States 
relating to measures to be taken against 
air pollution by emissions from motor vehicles. 
After the third recital, the following two new recitals are added : 
- Whereas it is agreed that future traffic trends in the Community will imply an increasing 
burden on the environment and whereas official forecasts of the increase in traffic density have 
hitherto fallen considerably below the actual figures; whereas for this reason, stringent exhaust 
emission standards need to be imposed for all motor vehicles; 
- Whereas the Commission has initiated a European Programme on Emissions, Fuels and 
Engine Technologies (EPEFE); whereas that programme has been established to ensure that 
proposals for future directives on pollutant emissions seek the most favourable solutions, in terms 
of overall cost/benefit assessments, for both the consumer and the economy; whereas this 
programme is addressing the contributions which can be made both by the vehicle and by the fuel 
by which it is powered; 
After the sixth recital, the following new recital is added : 
- Whereas, in view of the serious pollution caused by vehicle emissions and their 
contribution to the gases responsible for the greenhouse effect, there is a need to reduce 
emissions, particularly of C02,in accordance with the commitment laid down in the Framework 
Convention on Climate Change signed in Rio in June 1992 ; whereas CO2 is an inherent 
consequence of burning carbon fuels; whereas reduction in permitted emissions of CO must, ipso 
facto, increase emissions of C02; whereas C02 emissions can mainly be reduced by burning less 
fuel; whereas this requires advances in both engine and car design and fuel quality. 
b 
ÉSN Q254-147S 
COM(93) 626 final 
DOCUMENTS 
EN 06 14 
Catalogue Cumber : CB-CO-93-6&-EN-C 
ISBN 92-77-62004-8 
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