NoC 174/18 Official Journal of the European Communities 5.7. 91 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 1307/85 authorizing 
the Member States to grant consumption aid for butter 
(91/C 174/08) 
(COM(91) 224 final) 
(Submitted by the Commission on 14 June 1991) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community and in particular Articles 42 and 
43 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Whereas the arrangement introduced by Regulation 
(EEC) No 1307/85 0, as last amended by Regulation 
(EEC) No 3232/90 (2), which authorizes Member States 
to grant an aid for butter in favour of the final private 
consumer, expires at the end of the milk year; whereas in 
order to prevent a drop in butter consumption the aid 
arrangement introduced by Regulation (EEC) No 
1307/85 should be prolonged for the 1991/92 milk year; 
(') OJ No L 137, 27. 5. 1985, p. 15. 
(') OJ No L 310, 9. 11. 1990, p. 8. 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community and in particular Article 100a 
thereof, whereas given the market situation, the maximum level 
of aid should remain unchanged, 
HAS ADOPTED THIS REGULATION: 
Article 1 
In Article 1 of Regulation (EEC) No 1307/85 '1990/91' 
is replaced by '1991/92'. 
Article 2 
This Regulation shall enter into force on the day of its 
publication in the Official Journal of the European 
Communities. 
It shall apply from the beginning of the 1991/92 milk 
year. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, Proposal for a Council Directive relating to the sulphur content of gasoil 
(91/C 174/09) 
COM(91) 154 final — SYN 340 
(Submitted by the Commission on 22 June 1991) 
5.7.91 Official Journal of the European Communities NoC 174/19 
Whereas in order to improve air quality with regard to 
sulphur dioxide and other emissions, the Community has 
to take measures to reduce progressively the sulphur 
content of gasoil used for automotive, heating, industrial 
and bunker purposes; 
Whereas, under Articles 2 (1) and 5 (1) of Council 
Directive 75/716/EEC (') as amended by Directive 
87/219/EEC (2), the provisions in force in the Member 
States lay down two limits with respect to the sulphur 
content of liquid fuels; whereas these provisions differ 
from one Member State to another; 
Whereas these differences oblige Community oil 
companies to adjust the maximum sulphur content of 
their products, depending on which Member State is 
being supplied; whereas the differences thus constitute a 
barrier to trade in these products, thereby directly 
influencing the establishment and functioning of the 
single market; 
Whereas, in addition, Article 6 of Directive 75/716/EEC 
provides that in the light of any new information 
available the Commission is to submit a report to the 
Council accompanied by an appropriate proposal with a 
view to the establishment of a single value; 
Whereas successive action programmes of the European 
Communities on the environment (3) stress the 
importance of preventing and reducing air pollution; 
Whereas in addition, the Community is, by virtue of 
Council Decision 81/462/EEC (4), a contracting party to 
the Convention on long-range transboundary air 
pollution, which provides in particular for the devel­
opment of strategies and policies to limit and, as far as 
possible, gradually reduce and prevent air pollution; 
Whereas reducing the sulphur content of gasoil serves to 
further one of the Community's objectives, which is to 
preserve, protect and improve the quality of the en­
vironment and to contribute towards protecting human 
health, rectifying environmental damage at source; 
Whereas, in accordance with Directive 75/716/EEC, 
several Member States have already fixed a value of 
0,2 % by weight; whereas some EFTA countries have 
O OJ No L 307, 27. 11. 1975, p. 22. 
(2) OJ No L 91, 3. 4. 1987, p. 19. 
O OJ No C 112, 20. 12. 1973, p. 1; OJ No C 139, 13. 6. 1977, 
p. 1 and OJ No C 46, 17. 2. 1983, p. 1. 
(4) OJ No L 171, 27. 6. 1981, p. 11. decided to require a sulphur compound limit of 0,1 % by 
weight in heating gasoils; 
Whereas Council Directive 88/77/EEC (5), as amended 
by Directive 91/.. ./EEC, concerning the emission of 
gaseous pollutants from diesel engines requires, inter 
alia, a substantial reduction in sulphur content in the 
second half of the 1990s; whereas meeting second-step 
standards for particulate emissions under that Directive 
supposes amongst others the availability on the market 
and the balanced distribution of automotive gasoils with 
a sulphur compound content not exceeding 0,05 °/o by 
weight as from 1 October 1995 and there is, therefore, a 
need to take appropriate measures for availability and 
balanced distribution of such fuel; 
Whereas the increasing use of gasoil for motor vehicles 
implies further efforts with regard to automotive gasoil, 
in order to limit the adverse effects on air quality of this 
increase; whereas to fix a maximum sulphur content of 
0,05 % by weight applicable from 1 October 1996 for 
automotive gasoil provides the industries concerned with 
a sufficient period for the technical adaptation required; 
Whereas a sudden change in crude oil supplies leading to 
an increase in average sulphur content may, in view of 
the available desulphurization capacity, jeopardize 
supplies to consumers in a Member State; whereas it 
would therefore seem advisable to authorize that 
Member State to derogate under certain conditions from 
the sulphur content limits laid down in respect of its own 
market; 
Whereas checks should be carried out to ascertain the 
sulphur content of gasoils placed on the market; whereas 
a uniform method based on the best available technology 
should be adopted for this purpose; 
Whereas it is to be expected with a view to Directive 
91/.. ./EEC that there will be a switch to the use of 
automotive gasoil with a low sulphur content of 0,05 % 
by weight where this does not entail excessive costs for 
the consumer; 
Whereas Member States can in general introduce fiscal 
incentives to make it beneficial for consumers to buy 
environmentally inoffensive products provided such 
incentives are compatible with the Treaty; whereas the 
need for a rapid improvement in air quality especially in 
urban areas and the fulfilment of the requirements laid 
down by the EEC Directives on the reduction of gaseous 
pollutants from diesel engines make it particularly appro­
priate to take advantage of this possibility to make 
available as quickly as possible automotive gasoil with a 
sulphur content of 0,05 % by weight, 
O OJ No L 36, 9. 2. 1988, p. 33. 
No C 174/20 Official Journal of the European Communities 5. 7. 91 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
1. For the purposes of this Directive, gasoil shall mean 
any petroleum product falling under CN codes 
2710 00 61, 2710 00 65 or 2710 00 69, or any petroleum 
product which, by reason of its distillation limits, falls 
into the category of middle distillates intended for use as 
fuel and of which at least 85 % by volume, including 
distillation losses, distils at 350 °C. 
2. This Directive shall not apply to gasoils: 
— contained in the fuel tanks of vessels or of motor 
vehicles crossing a frontier between a third country 
and a Member State, 
— intended for processing in the refining industry. 
Article 2 
1. Member States shall take all necessary steps to 
ensure that automotive gasoils can be marketed in the 
Community only if their sulphur compound content, 
expressed in sulphur (hereinafter 'sulphur content'), does 
not exceed: 
— 0,2 % by weight as from 1 October 1994, 
— 0,05 % by weight as from 1 October 1996. 
2. Member States shall ensure the availability and 
balanced distribution of automotive gasoils with a 
sulphur content not exceeding 0,05 % by weight as from 
1 October 1995. Gasoil of this quality shall represent, as 
from this date, not less than 25 % of the total amount of 
automotive gasoil distributed in each Member State. 
3. Member States shall take all necessary steps to 
ensure that heating, industrial and bunker gasoils can be 
marketed in the Community only if their sulphur content 
does not exceed: 
— 0,2 % by weight as from 1 October 1994, 
— 0,1 % by weight as from 1 October 1999. 
4. If, as the result of a sudden change in the supply of 
crude oil or petroleum products, it becomes difficult for 
a Member State to apply the limit on the maximum 
sulphur content of gasoil, that Member State shall inform the Commission thereof. The Commission may 
authorize a higher limit to be applicable within the 
territory of that Member State for a period not 
exceeding six months, and notify its decision to the 
Council. Any Member State may refer the Commission's 
decision to the Council within one month. The Council, 
acting by a qualified majority, may take a different 
decision within two months. 
Article 3 
Member States may not, as from the dates of application 
laid down in Article 2 (1) or (3), prohibit, restrict or 
impede the marketing of gasoils, on the grounds of 
sulphur content, provided they comply with the 
requirements of this Directive. 
Article 4 
1. Member States shall take the necessary measures to 
check by sampling the sulphur content of gasoils which 
are marketed. 
2. The reference method adopted for determining the 
sulphur content of gasoils which are marketed shall be 
that defined by method ISO 8754. The statistical in­
terpretation of the results of the checks made to deter­
mine the sulphur content of the gasoils marketed shall 
be made according to standard ISO 4259 (1979 edition). 
Article 5 
As from the date laid down in Article 6, Directive 
75/716/EEC is replaced by this Directive. 
Article 6 
Member States shall bring into force the laws, regu­
lations and administrative provisions necessary to comply 
with this Directive not later than 1 October 1993. 
They shall forthwith inform the Commission thereof. 
When Member States adopt these provisions, these shall 
contain a reference to this Directive or shall be ac­
companied by such reference at the time of their 
official publication. The procedure for such reference 
shall be adopted by Member States. 
Article 7 
This Directive is addressed to the Member States.