WRITTEN QUESTION E-2100/96 by Ria Oomen-Ruijten (PPE) to the Commission (26 July 1996)

Subject: Proposed legislation in Sweden on noise and exhaust gas emission standards for boat engines

1. What are the Commission's views on Sweden's proposals concerning noise and exhaust gas emissions for boat engines (EU notification 96/0111/S)?

2. Does the Commission feel that the legislative proposals are in line with the noise requirements laid down in Annex II, Chapter 5, point 5.09.2 (vessel's intrinsic noise) of Directive 82/714/EEC ((OJ L 301, 28.10.1982, p. 1. ))?

3. From the environmental point of view, can the Swedish proposals be implemented by international industry by the effective date proposed by Sweden?

4. Following repeated urging by the international boat industry, does the Commission have any plans for clear European rules on emission requirements for noise and exhaust gas emissions from boat engines, in order to prevent restrictions on trade?

Answer given by Mr Bangemann on behalf of the Commission (8 October 1996)

1. The Commission has examined the proposed Swedish legislation and its economic ramifications and has drafted observations, which have been forwarded to the Swedish administration and to the other Member States, according to the implementation procedures of Directive 83/189/EEC ((OJ L 109, 26.4.1983. )). In addition eight Member States have also responded to the notification of this proposed legislation. Discussion on this matter between the Commission, Member States and industry will be encouraged.

2. Direct comparison of the noise emission requirements between Annex 2 of the proposed Swedish legislation (EU notification 96/III/S) and Directive 82/714/EEC indicates that the limit values are 74 decibel(A) (for the largest motor power ratings) and 75 decibel(A) respectively. Therefore, for the small number of boats that fall into the scope of both texts (i.e. in basic terms having hull length less than 24 meters and displacement greater than 15 tonnes) the Swedish proposals do not go beyond the requirements of Annex II chapter 5.09.2 of the Directive. The test requirements are also seen to be similar although the proposed Swedish legislation names a test method (ISO 2922).

It should be pointed out that the proposed Swedish legislation, whilst applying to all boats under 24 meters, is specifically directed at leisure craft as these form the bulk of such boats. Pleasure craft are, however, excluded from the requirements of the Directive.

3. Industry has always maintained that the emission levels are attainable, but with significant research and development. It is clear that for certain engine types, most especially two stroke outboard engines, the implementation date of 1st January 1998 may not allow sufficient time for the research and development and retooling necessary. Extensive consultation with industry indicates that whether an engine could comply with the proposed legislation in the given time scale depends on the type of engine.

4. The Commission has organised meetings with Sweden, other interested Member States and industry. In the light of the outcome of these meetings the Commission will decide on its position.