COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 02.06.1997 
COM(97) 271 final 
96/0163 (COD) 
Amended proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
relating to the quality of petrol and diesel fuels 
and amending Council Directive 93/12/EEC 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
1) In June 1996, the Commission adopted a proposal for a European Parliament and Council 
Directive relating to the quality of petrol and diesel fuels and amending Council Directive 
93/12/EEC. This proposal formed an integral part of a cost effective strategy for the control of 
atmospheric emissions from road transport as set out in the Communication from the 
Commission to the European Parliament and the Council "On a future strategy for the control of 
atmospheric emissions from road transport taking into account the results of the Auto Oil 
programme" which was adopted at the same time. 
The proposed directive on the quality of petrol and diesel fuels aims at controlling those 
parameters in the composition of petrol and diesel which influence the level of atmospheric 
emissions produced by spark ignition and diesel vehicles. Harmonized specifications for petrol 
and diesel fuels are therefore proposed to take effect across the Community as from 1 January 
2000. The sale of leaded petrol is also to be banned as from the same date. The proposal also 
foresees the possibility for Member States to mandate the use of special, high quality fuels in 
agglomerations or zones where there is a particularly severe problem of air pollution affecting 
the population or the environment. 
2) The Economic and Social Committee adopted its opinion on 24.4.97. The Economic and Social 
Committee was broadly supportive of the Commission proposal. 
r 
3) At its plenary session on 10 April 1997, the European Parliament approved the proposal from 
the Commission with a total of 54 amendments. 
4) Out of the 54 amendments approved by the Parliament, the Commission can accept 7 in their 
entirety (nos. 2, 3, 6, 22, 23, 37 and 38) and 4 partially {nos. 1 (second part), 8 (third part), 10 
(first part), 31 (first part)}. Accordingly the present modified proposal contains amendments to 
Articles 7 and 9 as well as several new recitals. With regard to amendments 63 and 64 which 
concern the modification of the proposed fuel specifications to allow for arctic conditions, the 
Commission cannot accept these amendments as proposed, in particular amendment 64 which 
refers to volatility classes in diesel fuels does not appear to be relevant. However, the 
Commission does undertake to explore this issue further to ensure that its proposals will not 
resuit in technical problems for vehicles operating in arctic conditions. 
Amendment 53 as adopted by the 'Parliament is an exact repetition of the Commission's 
original text and is accordingly not incorporated in the modified proposal. 
5) 40 amendments have not been accepted (nos. 4, 5, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 
24, 26, 27, 28, 29, 30, 32, 33, 34, 36, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 60, 61, 
62). 
The Commission proposal is based on Article 100A of the Treaty which has as its primary 
objective the establishment of the internal market. It is not therefore appropriate to refer to the 
standards put forward in the directive as being minimum standards. Amendments 8 (first part), 
14, 15, 17 and 24 are therefore not acceptable. 
The Community framework for the application of fiscal incentives for the encouragement of the 
marketing of "clean" fuels is established under Directive 92/81/EEC. The Commission does not 
consider it appropriate to set up a separate fiscal framework under the present directive and 
accordingly cannot accept amendments 12,13,19 and 27. 
The Commission considers that the conditions under which Committees should be consulted 
and the working procedures of such Committees are horizontal issues which should not be dealt 
with in an ad-hoc manner in relation to specific legislative proposals. Accordingly, the 
Commission cannot accept amendments 28, 29, 30, 31(second part), 32, 33 and 39. 
The Commission's proposals for fuel standards to enter into force in 2000 were based upon an 
extensive assessment of the cost effectiveness of a range of measures which could contribute to 
reduced vehicle emissions. The Commission considers that its proposals on fuel form part of a 
cost effective package of measures and that it is not therefore necessary to increase the severity 
of the fuel specifications to enter into force in 2000 in order to achieve satisfactory air quality 
standards by 2010. The Commission cannot therefore accept amendments 40, 4L 42, 43, 45 and 
47. On the other hand the Commission believes that fuel standards should be introduced at the 
latest by 2000 in order to contribute towards reducing vehicle emissions. The Commission 
cannot therefore accept the possibility of a 5 year delay in introducing these measures: 
amendments 61 and 62 are therefore unacceptable to the Commission. 
With regard to the proposed standard for the maximum level of oxygenates in petrol (2.3%) 
included in its proposal, the Commission considers that there is evidence that to increase the 
maximum level may result in increased levels of pollution by toxic substances such as 
aldehydes. The Commission cannot therefore accept amendments \ \ and 46. 
The Commission considers that fuel standards for 2005 can only be finalised on the basis of 
further scientific and technical assessments. In the absence of such further assessments the 
laying down of mandatory fuel standards for 2005 is premature. For this reason the 
Commission cannot accept amendments 4, 16, 20, 21, 26, 34, 44,48, 49, 50 and 51. 
The Commission proposal is part of a balanced package of measures to reduce emissions from 
road vehicles to a level compatible with the attainment of satisfactory air quality standards by 
the year 2010. The Commission proposal will result in a significant improvement of the average 
fuel quality sold in the Community. The Commission cannot therefore accept amendments 5, 
10 (second part) and 18. 
The Commission's proposals are based on the principle of cost effectiveness as required under 
Article 4 of Directive 94/12/EC. The Commission cannot therefore accept that the proposals 
should instead have been based on the principle of cost benefit. Amendments 8 (second part) 9, 
36 and 60 are therefore not acceptable. 
Amended proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
relating to the quality of petrol and diesel fuels 
and amending Council Directive 93/12/EEC 
Original proposal (i) 
Recital 
Whereas disparity between the laws or 
administrative measures adopted by the 
Member States on specifications of 
conventional and alternative fuels used by 
spark-ignited and diesel vehicles creates 
barriers to trade in the Community and may 
thereby have a direct impact on the 
establishment and functioning of the internal 
market; whereas in accordance with the 
provisions of Article 3b of the Treaty, it 
therefore appears necessary to approximate the 
laws in this field; Modified proposal 
Whereas disparity between the laws or 
administrative measures adopted by the 
Member States on specifications of 
conventional and alternative fuels used by 
spark-ignited and diesel vehicles creates 
barriers to trade in the Community and may 
thereby have a direct impact on. the 
establishment and functioning of the internal 
market and on the international competitiveness 
of the European vehicle and refining industries: 
whereas in accordance with the provisions of 
Article 3b of the Treaty, it therefore appears 
necessary to approximate the laws in this field; 
Recital 2 
Whereas Article 100a(3) of the Treaty 
envisages that Commission proposals aimed at 
the establishment and functioning of the 
internal market and concerning environmental 
protection will take as a base a high level of 
protection: Whereas Article 100a(3) of the Treaty 
envisages that Commission proposals aimed at 
the establishment and functioning of the 
internal market and concerning health and 
environmental protection will take as a base a 
high level of protection: 
Recital 3 
Whereas primary air pollutants such as nitrogen 
oxides, unburnt hydrocarbons and particulate 
matter are emitted in significant amounts 
through the exhaust and evaporative fumes of 
motor vehicles thereby posing directly and 
indirectly through the development of the 
secondary pollutant ozone, a considerable risk 
to human health and the environment; Whereas primary air pollutants such as nitrogen 
oxides, unburnt hydrocarbons, particulate 
m arte, carbon monoxide, benzenes and other 
toxic exhaust emissions and their secondary 
pollutants such as ozone are emitted in 
significant amounts through the exhaust and 
evaporative fumes of motor vehicles thereby 
posing directly and indirectly a considerable 
risk to human health and the environment; 
(i) OJC77, 11.3.1997, p. 1 
Recital 6 
Whereas the European Auto/Oil Programme, 
the details of which are outlined in the 
Commission's Communication on a future 
strategy for the control of atmospheric 
emissions from road transport, provides the 
scientific, technical and economic basis for the 
introduction at Community level of new 
environmental fuel specifications for petrol and 
diesel fuels; Whereas the European Auto/Oil Programme, 
the details of which are outlined in the 
Commission's Communication on a future 
strategy for the control of atmospheric 
emissions from road transport, contributes 
towards a scientific, technical and economic 
basis for recommending the introduction at 
Community level of new environmental fuel 
specifications for petrol and diesel fuels; 
Recital 7 
Whereas the introduction of environmental 
fuels specifications for petrol and diesel fuels is 
an important element of the cost-effective 
package of European-wide and national/ 
regional/local measures identified by the 
European Auto/Oil Programme: Whereas the introduction of environmental 
fuels specifications for petrol and diesel fuels is 
an important element of the cost-effective 
package of European-wide and national/ 
regional/local measures that should be put into 
effect: 
Recital 8a (new) 
Whereas it is necessary to obtain in the short 
term a reduction, in urban areas, oï polluting 
vehicle emissions, including primary pollutants 
such as unburnt hydrocarbons and carbon 
monoxide; secondary pollutants such as ozone: 
toxic emissions such as benzene and particle 
emissions: 
Recital 15b (new) 
Whereas captive vehicle fleets exist (buses, 
taxis, commercial vehicles, etc.) which arc 
responsible for a large proportion of urban 
pollution and would benefit from separate 
specifications: 
Recital 15c (new) 
Whereas the Commission should propose 
specifications applicable to LPG. natural gas 
vehicle fuel and biofuels in the context ol' I he 
Auto/Oil 2 process: 
Article 7, first paragraph 
If a sudden change in the supply of crude oils or 
petroleum products renders it difficult for the 
refineries in a Member State to respect the fuel 
specification requirements of Articles 3 and 4, 
that Member State shall inform the 
Commission thereof. The Commission, after 
informing the Member States, may authorize 
higher limit values in that Member State for 
one or more fuel components ibr a period not 
exceeding six months. IfT as a result of exceptional events, a sudden 
change in the supply of crude oils or petroleum 
products renders it difficult for the refineries in 
a Member State to respect the fuel specification 
requirements of Articles 3 and 4, that Member 
State shall inform the Commission thereof. The 
Commission, after informing the Member 
States, may authorize higher limit values in that 
Member State for one or more fuel components 
for a period not exceeding six months. 
Article 9(2) (new indent) 
- the particular situation of captive fleets and 
the need to propose levels of specifications 
for the special fuels they use: 
Article 9(2) (new indent) 
the need to propose levels of specifications 
applicable to LPG. natural gas vehicle fuel 
and bjofuels. 
ISSN 0254-1475 
COM(97) 271 final 
DOCUMENTS 
EN 07 12 
Catalogue number : CB-CO-97-256-EN-C 
ISBN 92-78-20703-9 
Office for Official Publications of the European Communities 
L-2985 Luxembourg