COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91) 89 final - SYN 272 
Brussels, 15 March 1991 
AMENDMENT TO 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 EMISSION OF GASEOUS POLLUTANTS 
FROM DIESEL ENGINES FOR USE IN VEHICLES 
(presented by the Commission pursuant to Article 149(3) 
of the EEC Treaty) 
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1. EXPLANATORY MEMORANDUM 
A. On 15 June 1990 the Commission sent the Council a proposal for a 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 emission of 
gaseous pollutants from diesel engines for use in vehicles. 
On 24 January 1991, the European Parliament approved the proposal, on the 
first reading, subject to 28 amendments. 
The Commission accepted 11 amendments as far as their content was 
concerned. It proposed to accommodate them and express them in an 
appropriate manner in the amended proposal which it undertook to make.The 
Commission is well aware of the rapid developments in this sector and will 
be prepared to take into consideration, where appropriate, new facts which 
might emerge in the future. 
B. The Commission therefore proposes to amend its proposal as follows: 
(1) Editorial amendments have been made to the third and sixth recitals in 
order to make the aim of the proposal clearer. 
(2) The Commission shares Parliament's concern that the increase in 
vehicle registrations will increase pollution and proposes a new 
recital to be included after the present third recital and to 
supplement the fourth recital in order to establish a link between the 
proposed standards and growth in road traffic. 
(3) The Commission agrees with Parliament in calling for a study of the 
usefulness of supplementing the European 13-mode test cycle by adding 
dynamic test sequences to take better account of acceleration and 
undertakes in a new recital 5a to submit a report on the subject. 
(4) With regard to the statistical method for monitoring the conformity of 
production, the Commission shares Parliament's view that it should be 
improved so as to have from now on a single limit value which applies 
to both the approval of new types and the monitoring of conformity. 
St therefor^ proposes a new recital 5b which includes and strengthens 
the reasoning already contained in the present fifth recital. 
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(5) Although this initiative does not fall within the scope of this 
Directive, the Commission shares Parliament's view that the new 
stringent European standards for new vehicles should be backed up by 
an effective Community system of technical inspection and undertakes 
to submit a proposal to this end (new recital 5c). 
(6) As requested by Parliament, the Commission proposes to provide in this 
Directive, as in the Car Emissions Directive, for Member States to be 
allowed to introduce fiscal incentive schemes. Such fiscal incentives 
would make it possible to increase the rate of improvement of 
environmental protection. A new recital 7 and a new Article 3 from 
Council Directive 89/458/EEC of 18 July 1989 are proposed on this 
subject. 
(7) Furthermore, the Commission shares Parliament's view that the new 
directive will be further strengthened if the Member States introduce 
schemes to encourage the purchasers of new vehicles to scrap their old 
vehicles or surrender them for recycling and proposes a new recital 8 
on this subject. 
(8) The Commission accepts Parliament's request that the Community should 
provide financial support for the research and development of 
alternative systems of propulsion, alternative fuels and new transport 
concepts (new recital 9). 
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AMENDMENT TO 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 EMISSION OF GASEOUS POLLUTANTS 
FROM DIESEL ENGINES FOR USE IN VEHICLES 
Third recital to read: 
"Whereas Council Directive 88/77/EEC lays down the limit values for the 
emissions of carbon monoxide, unburnt hydrocarbons and nitrogen oxides from 
diesel engines for use in motor vehicles on the basis of a test procedure 
representative for European driving conditions for the vehicles concerned; 
whereas in accordance with Article 6 of that Directive these limit values 
should be further reduced in the light of technical progress and a limit value 
for particulate emissions established." 
After the third recital, add the following new recital: 
"Whereas, in laying down the new standards and test procedures, it is 
necessary to take account of future traffic growth in the European Community; 
whereas an increase in vehicle registrations, particularly lorries, may be 
anticipated as a result of the internal market." 
Fourth recital to read: 
"Whereas the work undertaken by the Commission in that sphere has shown that 
the Community motor industry has had available for some time or is currently 
perfect ing technologies which allow a considerable reduction of the limit 
values in question and the particulate standards; whereas, because of this and 
the likely increase in the number of motor vehicles in Europe as a result of 
the internal market, it is imperative to reduce emission limit values 
radically in the interests of environmental protection and public health." 
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After the fifth recital, add the following new recital 5a: 
"Whereas the European thirteen-mode test cycle for checking the limit values 
of gaseous pollutants should be complemented to take account of dynamic 
processes such as acceleration; whereas the Commission will submit a report 
on this subject in due course." 
After the new recital 5a. add the following new recital 5b: 
"Whereas, under the spot check procedure in production testing, the production 
limit value for pollutants need only be maintained on average; whereas an 
improved sampling procedure would be highly desirable; whereas the Commission 
will submit appropriate proposals." 
After the new recital 5b. add the following new recital 5c: 
"Whereas, so that the limit values laid down can be complied with effectively, 
a special annual mandatory exhaust test must be introduced for all the 
vehicles in question; whereas the Commission will submit appropriate 
proposals." 
Sixth recital to read: 
"Whereas in order to allow the European environment to benefit to the maximum 
from these provisions and at the same time ensure the unity of the market, it 
is necessary to impose the new, very stringent standards." 
After the sixth recital, add the following new recitals: 
"Whereas it would be desirable for the Member States to take the initiative to 
encourage, by means of fiscal incentives, compliance with European emission 
standards ahead of time, it being understood that such incentives were 
applicable to all models marketed in a Member State;" 
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"Whereas the process of tightening up the standards would also be speeded up 
if Member States introduced schemes to encourage the purchasers of new cars to 
scrap their old vehicles or, as far as possible, surrender them for 
recycling;" 
"Whereas the Community should study and develop alternative systems of 
propulsion, alternative fuels and corresponding transport concepts and provide 
financial support for research and development in these fields;" 
After Article 2. add the following new Article 3: 
Article 3 
The Member States may make provision for tax incentives for the vehicles 
covered by this Directive. Such incentives shall meet the provisions of the 
Treaty as well as the following conditions: 
they shall apply to all domestic car production and to vehicles imported 
for marketing in a Member States and fitted with equipment allowing the 
European standards to be met in 1996 to be satisfied ahead of time; 
they shall cease upon the date set in Article 2(3) for the compulsory 
entry into force of the emission values for new vehicles; 
they shall be of a value, for each type of vehicle, substantially lower 
than the actual cost of the equipment fitted to meet the values set and of 
its fitting on the vehicle. 
The Commission shall be informed of any plans to introduce or amend the tax 
incentives referred to in the first subparagraph in sufficient time to allow 
it to submit comments. 
Article 3, 4 and 5 are numbered accordingly. 
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ISSN 0254-1475 
COM(9.1) 89 final 
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