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
Date: 1991-03-15
Institutions: European Commission
Subjects: air quality, approximation of laws, motor vehicle, motor vehicle pollution

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) 

1.  EXPLANATORY  MEMORANDUM 

-  2 -

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. 

-  3 -

(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 ). 

_ 4 -

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." 

After  the fifth  recital, add  the following  new recital  5a: 

-  5 -

"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;" 

- 6 -

"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. 

-  7-

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