COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 08.07.1998 
COM(1998) 385 final 
97/105 (SYN) 
Amended proposal for a 
COUNCIL DIRECTIVE 
relating to a reduction of the sulphur content of certain liquid fuels 
and amending Directive 93/12/EEC 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY xMEMORANDUM 
1) On 12 March 1997, the Commission adopted a proposal for a Council Directive relating 
to a reduction of the sulphur content of certain liquid fuels and amending Directive 
93/12/EEC. 
This proposal, one of the eleven actions identified in the Communication on a Strategy 
to combat Acidification, aims to reduce the emissions of sulphur dioxides (S02) by 
placing maximum limit values on the sulphur content of certain liquid fuels (heavy fuels 
oils from 1 January 2000 and gasoils from 1 January 1999). The proposal is based on 
the results of cost effectiveness studies but takes into consideration under the form of 
derogation, the necessary flexibility for regions where air quality objectives are 
respected and where emissions of sulphur dioxides do not contribute significantly to 
problems of acidification. 
Unnecessary overlap between the current proposal and the provisions of Directive 
88/609/EEC on large combustion plants was also integrated. 
The legal basis proposed (Article 130S) will allow for Member States who need to do 
so, to require more stringent limit values on the sulphur content of these liquid fuels. 
Certain liquid fuels (bunker fuels, aviation kerosene) were not proposed for regulation at 
this stage pending, respectively, the outcome of the Convention on Marine Pollution 
(MARPOL) revision or taking into account the marginal contribution to the sulphur 
dioxides emissions. 
Finally, the proposal foresees a general review process of the provisions by 31 
December 2003. 
2) The Economic and Social Committee adopted its opinion on 1 October 1997. This 
opinion was globally supportive of the Commission's proposal. 
3) The Committee of the Regions adopted its opinion on 11 November 1997. This 
opinion was globally very supportive of the Commission's proposal. 
4) Out of the 28 amendments adopted by the Parliament, the Commission can accept 16 
amendments totally, partially, or in principle. 
The Commission can accept: 
in their entirety, amendments 2, 3 (second part), 5 (first part), 8, 13, 14, 15 (first part), 
19 (first part), 28 
partially, amendments 16, 17, 23, 27 
in principle, amendments 3 (first part), 5 (second part), 6, 9 (first part), 15 (second 
part), 26. 
In particular as concerns amendments 6, 13, 17 and 23 concerning the use of heavy 
bunker fuels by ships, the Commission intends: 
- to take steps to ensure that a co-ordinated position of the Community and its Member 
States can be put forward at the 43rd meeting of the Marine Environment Protection 
Committee of the International Maritime Organisation in June 1999 with a view to 
ensure the designation of the North Sea and the Channel as well as of any other 
European seas in such need as areas sensitive to air pollution 
- to consider any Community measures that could be taken to reduce the contribution to 
acidification of the combustion of marine fuels other than marine gasoils and if 
appropriate, make a proposal by the end of 2000. 
The present proposal therefore is modified accordingly. 
5) The remaining amendments have not been accepted by the Commission (amendments 1, 
4, 7, 9 (second part), 10, 11, 12, 18, 19 (second part), 20, 21, 22, 24, 25). 
The Commission proposal is based on Article 130S of the Treaty since the goal is the 
protection of the environment and human health through the reduction of sulphur 
dioxides emissions associated with the sulphur content of certain fuels. The amendment 
for a change of the legal base is incompatible with the cost effectiveness approach 
adopted. In addition, it might leave Austria and Finland in a difficult situation due to 
the expiry of their current derogation to maintain stricter limit values for gasoils until 
the end of this year. Accordingly, the Commission cannot accept amendments 1, 4, 7, 
11,22. 
The Commission proposal is based on an extensive assessment of the cost effectiveness 
of measures which could contribute to the reduction of the acidification problems. It is 
therefore not necessary to increase the severity of the sulphur content of the liquid fuels 
proposed for regulation. In addition, Member States who need to do so may always 
apply a stricter sulphur limit under the legal basis proposed. 
Accordingly, the Commission cannot accept amendments 10, 12, 19 (second part)., 24 
(second part). 
The Commission's proposal aims to treat all the industrial sectors on an equal footing 
and to take into consideration the need for compliance with environmental 
requirements present in current Directives, in particular Directive 88/609/EEC dealing 
with the large combustion plants. The amendment 20 would be a privileged treatment 
for the refineries sector and an environmental step back since a stricter average 
emission limit value for some combustion plants in refineries is already in force today 
in Directive 88/609/EEC. 
Accordingly, the Commission cannot accept amendment 20. 
The Community framework for the application of economic instruments of a fiscal 
nature in order to encourage cleaner fuels through differentiated excise duties is 
established under Directive 92/81/EEC. Other economic instruments of different nature 
could be assessed by the Commission in its general review by end 2003. Accordingly, 
the Commission cannot accept amendment 9 (second part). 
The Commission considers that the information, notification or consultation issues 
between Institutions represent horizontal issues related to Comitoiogy which it would 
not be appropriate to deal with in the context of this proposal. 
Accordingly, the Commission cannot accept amendments 21 and 25. 
The Commission considers that its reference to the territory and waters of the Member 
States avoids any unnecessary legal disputes compared with other definitions. 
Accordingly, the Commission cannot accept amendments 18 (second part) and 24 (first 
part). 
The Commission proposed dates of application for the regulated fuels which took into 
account the appropriate lead time for the industries concerned. The introduction of a 
reduced sulphur content in heavy fuel oil by 1999 would not be realistic. 
Accordingly, the Commission cannot accept amendment 18 (first part). 
AMENDED PROPOSAL 
for a Council Directive relating to a reduction of the sulphur content of certain liquid 
fuels and amending Directive 93/12/EEC 
Text proposed by the Commission(') Amended proposal 
(Amendment 2) 
Recital 7 
(7) Whereas the Community and the 
individual Member States are 
Contracting Parties to the UN-ECE 
Convention on Long-Range 
Transboundary Air Pollution; whereas 
under the protocol on further reduction 
of sulphur emissions established under 
that convention. Contracting Parties 
should make significant reductions in 
emissions of sulphur dioxide; (7) Whereas the Community and the 
individual Member States are 
Contracting Parties to the UN-ECE 
Convention on Long-Range 
Transboundary Air Pollution; whereas 
the second UN-ECE Protocol on 
transboundary pollution by sulphur 
dioxide foresees that Member States 
should reduce sulphur dioxide emissions 
beyond the 30 % reduction specified in 
the first Protocol and whereas the second 
UN-ECE Protocol is based on the 
premise that critical loads and levels will 
continue to be exceeded in some 
sensitive areas; whereas further 
measures to reduce sulphur dioxide 
emissions will still be required if the 
objectives in the fifth environmental 
action programme are to be respected; 
whereas Contracting Parties should 
make significant reductions in emissions 
of sulphur dioxide; 
0 OJC 190. 21.6.1997. p. 9. 
(Amendment 3) 
Recital 9a (new) 
(9a) Whereas studies have shown that 
benefits from reducing sulphur 
emissions by reductions in the sulphur 
content of fuels will be considerably 
greater than the estimated costs to 
industry in this proposal and whereas the 
technology exists and is well established 
for reducing the sulphur level of liquid 
fuels; 
(Amendment 5) 
Recital 10a (new) 
(10a) Whereas in Council Directive 
93/12/EEC the Commission was asked 
to submit to the Council a proposal 
prescribing lower limits for the 
sulphur content in gas oil and new 
limits for aviation kerosene and 
whereas it would be appropriate at the 
same time to lay down limits for the 
sulphur content of other liquid fuels, in 
particular heavy fuel oils, bunker fuel 
oils, marine diesel oils and gas oils, on 
the basis of cost effectiveness studies; 
(Amendment 6) 
Recital 11 
(11) Whereas it should only be possible to 
use gas oils and heavy fuel oils within 
the territory of the Community on 
condition that their sulphur content does 
not exceed certain limits set out in this 
Directive; (11) Whereas it should only be possible to 
use gas oils, marine gas oils, bunker fuel 
oils and heavy fuel oils within the 
territory of the Community - with the 
exceptions referred to in this Directive -
on condition that their sulphur content 
does not exceed certain limits set out in 
this Directive; whereas the Commission 
should examine the questions relating to 
bunker fuel oils and, if appropriate, 
make proposals by 2000; 
(Amendment 8) 
Recital 12a (new) 
(12a) Whereas sulphur emissions from 
shipping due to the combustion of 
bunker fuels with a high sulphur 
content contribute to sulphur dioxide 
pollution and problems of 
acidification; whereas in certain areas 
such contribution is highly significant 
and whereas it is therefore necessary 
to limit the sulphur content of bunker 
fuels; 
(Amendment 9) 
Recital 13a (new) 
(13a) Whereas in order to facilitate the 
achievement of the objectives of this 
Directive it may be appropriate for the 
European Union and/or the Member 
States to use economic instruments, 
such as a tax on sulphur and a system 
of harbour charges differentiated 
according to the sulphur content of the 
fuels used by visiting ships; whereas 
the Commission should examine this 
in the context of the review of this 
directive; 
(Amendment 13) 
Recital 18a (new) 
(18a) Whereas the Community will be 
advocating more effective protection 
of areas sensitive to SOx emissions 
and the reduction of the normal limit-
value for bunker fuel oil (from the 
present 4.5%) at the continuing and 
future negotiations on the MARPOL 
Convention within the International 
Maritime Organization (IMP); 
whereas the Community initiatives to 
have the North Sea/Channel declared a 
special low SOx emission control area 
should be continued; 
(Amendment 14) 
Recital 18b (new) 
(18b) Whereas more profound research into 
the effects of acidification on 
ecosystems and the human body is 
needed; whereas one of the main aims 
of such research should be to 
determine which particles, depending 
on size, mass or number, are 
particularly prejudicial to health; 
whereas such new tasks as the 
improvement of flue-gas 
desulphurization and the development 
of catalysts for ships and of efficient 
exhaust-gas purification systems for 
motor vehicles (deNOx catalyst) 
should be formulated for applied 
research, as for climate and marine 
research; whereas the European 
Community is assisting such research 
under the 5th Framework Research 
Programme; 
(Amendment 15) 
Recital 20 
20) Whereas Member States should establish 
the appropriate mechanisms for 
monitoring compliance with the 
provisions of this Directive; whereas 
regular reports on the sulphur content of 
liquid fuels should be submitted to the 
Commission; (20) Whereas Member States are to establish 
the appropriate mechanisms for 
monitoring compliance with the 
provisions of this Directive; whereas 
reports on the sulphur content of liquid 
fuels are to be submitted to the 
Commission: 
(Amendment 16) 
Article 2(2a) (new) 
2a. 'Marine gas oils7 shall mean fuels 
intended for marine use which meet the 
the definition in Article 2.2 or which 
have a viscosity or densitv falling within 
the ranges of viscosity or density defined 
for marine distillates in table 1 of ISO 
8217(1996). 
(Amendment 19) 
Article 3(2) 
2. Provided that the air quality standards 
for sulphur dioxide laid down in Council 
Directive 80/779/EEC and other relevant 
Community provisions are respected and the 
contribution to transboundary pollution is 
negligible, a Member State may authorize 
heavy fuel oils with a sulphur content 
between 1 and 2.5 % by weight to be used in 
part or the whole of its territory. 2. Provided that the air quality standards 
for sulphur dioxide laid down in Council 
Directive 80/779/EEC and other relevant 
Community provisions are respected and the 
contribution to transboundary pollution is 
negligible - the Member State concerned must 
show the Commission that such a deviation 
will not impede compliance with Community 
law on air quality, including Directive 
96/62/EEC -. a Member State may authorize 
heavy fuel oils with a sulphur content 
between 1 and 2.5 % by weight to be used in 
part of the whole of its territory. 
(Amendment 26) 
Article 6(1) 
1. Member States shall take all the 
necessary measures to check by sampling that 
the sulphur content of fuels used complies 
with Articles 3 and 4. The sampling shall 
commence within six months of the date on 
which the relevant limit for maximum sulphur 
content in the fuel comes into force. It shall 
be carried out with sufficient frequency and in 
such a way that the samples are representative 
of the fuel examined. 1. Member States shall take all the 
necessary measures to check by sampling that 
the sulphur content of fuels used complies 
with Articles 3and 4. The sampling shall 
commence within six months of the date on 
which the relevant limit for maximum sulphur 
content in the fuel comes into force. It shall be 
carried out with sufficient frequency and in 
such a way that the samples are representative 
of the fuel examined. 
(Amendment 27) 
Article 6(2)(a) 
(a) ISO method 8754(1992) for heavy fuel 
oil and marine diesel oil; (a) ISO method 8754(1992) and prEN ISO 
14596 for heavy fuel oiL_and marine 
gasoil; 
(Amendment 28) 
Article 7(2) 
2. On the basis inter alia of the annual 
reports submitted in accordance with 
paragraph 1 and the observed trends in air 
quality and acidification, the Commission 
shall, by 31 December 2003, submit a report 
to the Council. The Commission may submit 
with its report proposals aimed at revising this 
Directive and in particular the limit values 
laid down for each fuel category and the 
exceptions and derogations provided for in 
Article 3(2), Article 3(3) and Article 4(2). 2. On the basis inter alia of the annual 
reports submitted in accordance with paragraph 
1 and the observed trends in air quality and 
acidification, the Commission shall, by 31 
December 2003, submit a report to the Council 
and the European Parliament. The Commission 
may submit with its report proposals aimed at 
revising this Directive and in particular the 
limit values laid down for each fuel category 
and the exceptions and derogations provided 
for in Article 3(2), Article 3(3) and Article 4(2). 
11 
(Amendments 17 and 23) 
Article 7 (3) 
3. The Commission shall consider which 
measures could be taken to reduce the 
contribution to acidification of the combustion 
of marine fuels other than those specified in 
Article 2.2 (a) and, if appropriate, make a 
proposal by the end of 2000. 
12 


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COM(98) 385 final 
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