Re-examined proposal for a COUNCIL DIRECTIVE amending for the second time Directive 75/716/EEC on the sulphur content of certain liquid fuels
Date: 1993-01-22
Institutions: European Commission
Subjects: air quality, diesel fuel, international standard, pollution control, quality of the environment, sulphur

COMMISSION  OF  THE  EUROPEAN  COBVMUNITIES 

4 

•  «  iv^WfflMS 

COM (91) 600 f i na I SYN340 

Brussels, 22  January  1993 

* *  fi* 
*  I 

l '^ 
»"Sa 
L  its! 

Re-examined  proposal  for a 

COUNCIL DIRECTIVE 

AMENDING FOR THE SECOND TIME 

DIRECTIVE 75/716/EEC ON THE 

SULPHUR  CONTENT OF CERTAIN LIQUID FUELS 

.V;VSH 

(presented  by the Commission pursuant  to Article  149.2(d) 
of  the EEC  treaty) 

• ^ vf 

~*~"lË~ESt 

- 

-1  -

EXPLANATORY  MEMORANDUM 

On  18th November  1992, the European Parliament,  in its second  reading, 
adopted  thirteen  amendments  to  the Common  Position  of  the  Council  on 
the Commission  proposal  for a Council  directive on  the sulphur  content 
of certain  liquid fuels COM  (91) 154 final  as modified  by COM  (92) 119 
final  - SYN 340. 

2.  The  Commission  accepts  a  slightly  revised  version  of  amendment  N' 2 

and  the objectives of amendment  N* 11. 

Amendment  N*  2  is a  recital  which  identifies  the  impact  of  emissions 
originating  from  the  fuel  in  the  tanks  of  vehicles  and  vessels 
entering  Community  territory  from  3rd  countries  and  seeks  action  to 
address  this  issue.  Agreement  to this  recital  is consistent  with  the 
support  given  after  the  first  reading  and  the  intention  to  consider 
this  issue  in the scope of  the report  requested  by article  2.2 of  the 
common  pos i 11on. 

Amendment  N*  11  sought  to  amend  article  3  so  that  it  stated  a  clear 
restriction  of  the  marketing  of  fuels  which  do  not  meet  the  levels 
established  by  the directive.  This  is already established  in Articles 
2.1  and  2.2 of  the Common  Position but  the Commission  agrees  that  the 
clearer  wording  sought  by  this  amendment  could  be  introduced  into 
these articles. 

3.  The reason why  the Commission  did not  accept  amendments  1, 3, 4, 5, 6, 

7, 8, 9,  10, 12 and  13 which  it cannot  accept, are as follows: 

Amendment  N*  1  is  for  a  new  recital  expressing  the  need  for  urgent 
action  to  achieve  drastic  reduction.  While  the  need  for  further 
action  is agreed  such an alarmist  recital  is not  justified. 

Amendment  N" 3, part  of  4 &  5, part  of  8 & 9 seek  the  introduction of 
the  new  limits  earlier  than  proposed  in  the  Common  Position.  The 
Commission  has  rejected  these  amendments  on  the  first  reading  due  to 
the  need,  especially  in Southern  Member  States,  for  adequate  time  to 
make  the  required  investments,  this  continues  to  be  the  Commissions 
pos J t i on. 

Amendment  N* 6  part  1  and  part  of  amendment  N" 9  seeks  the 
implementation  of  a second  stage of  kerosene  sulphur  reduction  before 
1.10.98  as  opposed  to  the  date  of  1.10.99  in  the  Common  Position. 
This  issue will  be addressed  in the report  requested  under  article  2.2 
and  no  firm  decision  advancing  the  date  should  be made  prior  to that 
report. 

Amendment  N" 7 seeks a firm commitment  to  legislate on  the question of 
fuel  in tanks of vehicles and vessels  from third  countries.  While the 
Commission  considers  this an  important  issue,  it cannot  accept  such a 
firm commitment. 

Amendment  N* 8 third part  requires all  petrol  filling  stations  to make 
low  sulphur  fuel  available  from  1.10.95.  This  is  considered  as  an 
excessive cost  to  impose  for only one year  prior  to the  implementation 
date of  the  low sulphur  requirement. 

Amendment  N* 9  third  part  requires  the  report  identified  in  article 
2.2  before  1.7.93.  This  deadline  is unrealistic  given  the  amount  of 
work  required. 

Amendment  N*  10  requires  the  deletion  of  the  section  on  the 
notification procedure of derogation measures - this  is not  acceptable 
for  legal  reasons. 

Amendment  12  &  13  seeks  to  bring  the  directive  into  force  one  year 
earlier.  This  is  impractical  given  the  time needed  for  transposition 
Into national  legislation  in the Member  States. 

3 

Re-examined  proposal  for a Council  Directive amending  for  the second  time 
Directive 75/716/EEC on  the sulphur  content of certain  liquid fuels. 

The Commission assents to the Common Position of  the Council  as described 
in Council  document  7398/1/92 of  27.07.1992, subject  to the following 
amendments : 

Common Position of  the Council 

Amendments 

8th Recital  a  (new) 

Whereas sulphur  emissions from  inland 
waterways vessels, coastal  vessels, 
deep sea vessels and motor  vehicles 
crossing  the frontier  to. or  entering 
the territorial  waters of. a Member 
State from a third  country maybe a 
significant  factor  in air pollution : 
there  is therefore an urgent  need  to 
consider measures that  from the 
moment  these vessels and vehicles 
cross the border or enter  the 
territorial  waters of a Member  State 
they use only fuel whose sulphur 
content  complies with  the 
requirements of  this Directive; 

Article 2(1) 

1.  Member  States shall, in order  to 
reach  the particulate emission  levels 
laid down  i n spec i f i c Commun 11 y 
Directives, take all necessary  steps 
to ensure  that diesel  fuels can be 
placed on the market  in the Community 
only  if their sulphur  compound 
content, expressed  in sulphur 
(hereinafter  "sulphur  content"), does 
not exceed : 

1.  Member  States shall, in order  to 
reach  the particulate emission  levels 
laid down  in specific Community 
Directives, prohibit  the marketing of 
diesel  fuels  in the Community  if 
their sulphur  content, expressed  in 
sulphur  (hereinafter  "sulphur 
content"), exceeds : 

Article  2(2) 

2.  Member  States shall  take all 
necessary  steps to ensure that 
gasoils other  than, or used for 
purposes other  than, those referred 
to  in paragraph  1 - with  the 
exception of aviation kerosenes -
may, as from  1 October  1994, be 
marketed  in the Community only  if 
their  sulphur  content  does not exceed 
0.2 % by weight. 

2.  Member  States shall  prohibit  the 
marketing of gasoils other  than, or 
used  for purposes other  than, those 
referred  to  in paragraph  1 - with  the 
exception of kerosenes - as from 
1 October  1994  if their  sulphur 
content  exceeds 0.2 X by weight. 

/ 

E U R O P E AN 

P A R L I A M E NT 

1 9 92  —  1 9 93 

S E S S I ON 

Decision  of  the  European  Parliament  on  the  common  p o s i t i on  established  by  the 
Council  with  a  view  to  the  adoption  of  a  d i r e c t i ve  on  the  sulphur  content  of 
c e r t a in  l i q u id  f u e ls  (A3-365/92  -  C3-359/92). 

E X T R A CT 

F R OM  T HE 

M I N U T ES 

OF 

T HE 

S I T T I NG 

OF 

18  November  1992 

DOC  EN\LT\216\2167€3 

PE  162.863 

s 

Sulphur content of liquid fuels **II 

DECISION A3-0365/92 
(Cooperation procedure: second reading) 

Decision on the common position established by the Council with a view to the 
adoption of a directive on the sulphur content of certain liquid fuels 

The European Parliament. 

having regard to the common position of the Council (C3-0359/92 - SYN 340), 

having regard to its opinion delivered at first reading  on the Commission 
proposal (COM(91)0154), 

having regard to the amended Commission proposal (COM(92)0119) , 

having regard to the relevant provisions of the EEC Treaty and its Rules of 
Procedure, 

2 

1.  Has amended the common position as set out below; 

2.  Has instructed its President to forward this decision to the Council and 

Commmission. 

Common position of the Council 

Text amended by Parliament 

(Amendment No. 1) 
8th recital 

Whereas reducing the sulphur content 
of  certain  liquid  fuels  serves  to 
further  one  of  the  Community's 
objectives,  which  is  to  preserve, 
protect  and  improve  the  quality  of 
the  environment  and  to  contribute 
towards protecting human health, by 
rectifying  environmental  damage  at 
source; 

Whereas reducing the sulphur content 
of  certain  liquid  fuels  serves  to 
further  one  of  the  Community's 
objectives,  which  is  to  preserve, 
protect  and  improve  the  quality  of 
the  environment  and  to  contribute 
towards protecting  human health, by 
rectifying  environmental  damage  at 
source;  whereas  in  view  of  the 
alarming 
problems 
environmental 
connected with air pollution in large 
areas  of  the  Community  there  is, 
therefore,  an  urgent  need  for  a 
drastic  reduction  in  the  sulphur 
content of gas oil; 

OJ No. C 94, 13.4.1992, p. 205 
OJ No. C 120, 12.5.1992, p. 12 

PE 162.863 

G 

(Amendment  No. 2) 
8th recital a  (new) 

EN 

Whereas sulphur emissions from inland 
waterways  vessels,  coastal  vessels, 
deep  sea  vessels  and  motor  vehicles 
crossing the frontier to.or_entering 
the  territorial., waters, ^f^„„a_JMember 
State  from  a  third  country  are__a_ 
significant  factor  in air  pollution; 
whereas  there  is therefore  an urgent 
need for measures to ensure that from 
the moment these vessels and vehicles 
cross  the  border  or  enter  the 
territorial  waters  of  a Member  State 
thev  use  only  fuel  whose  sulphur 
the 
content 
complies 
requirements of this Directive; 

with 

(Amendment  No. 3) 
10th recital 

Whereas Member States must take steps 
to  ensure  that  diesel  fuels  of  a 
maximum  sulphur  content  of  0.05%  by 
weight  are gradually made available; 

Whereas,  with  effect  from  1  October 
1995.  a  diesel  fuel  of  a  maximum 
sulphur content of 0.05% bv weight is 
essential  to comply  with  second-step 
standards  for  particulate  emissions 
pursuant  to  Directive  88/77/EEÇ; 
whereas Member  States must  therefore 
take  steps  to  ensure  that  diesel 
fuels of a maximum sulphur content of 
0.05%  by  weight  are  gradually  made 
available; 

(Amendment  No. 4) 
11th recital 

Whereas,  in  order  to  attain  the 
particulate  emission  levels  set  in 
specific  Community  Directives,  the 
sulphur  content  of  diesel  fuels 
placed  on  the  market  within  the 
Community  may  not  exceed  0.2%  by 
weight  as  from  1  October  1994  and 
0.05%  by  weight  as  from  1  October 
1996; whereas  the Member  States roust 
take appropriate  measures  to achieve 
that objective; 

Whereas,  in  order  to  attain  the 
particulate  emission  levels  set  in 
specific  Community  Directives,  the 
sulphur  content  of  diesel  fuels 
placed  on  the  market  within  the 
Community  may  not  exceed  0.2%  by 
weight as from  1 April  1994 and 0.05% 
by  weight  as  from  1  April  1996; 
whereas  the  Member  States  must  take 
appropriate measures  to achieve  that 
objective;  whereas  it  would  be 
particularly  appropriate,  for  the 
Jfeh.e. 
purpose 
requirements  of  EEC  Directives 
on 
reducing  harmful  gaseous  substancqs 
from  diesel  vehicles,  to  JJ> iJUse 
fiscal  inducements  to  ensure  tho 
availability  as  soon  as  POSSib 1 e__.pf 
diesel  fuel and heating  gas oil with 
a sulphur content of 0.05%.J>y_jte.ighjti 

_&f  .^^SAtl&f.y.ingL 

PE 162.863 

? 

(Amendment No. 5) 
12th recital 

Whereas the increasing use of gas oil 
for  motor  vehicles  implies  further 
efforts with regard to the quality of 
diesel  fuel,  in order  to  limit  the 
adverse  effects  of  such use  on air 
quality;  whereas  setting  a  maximum 
sulphur content of 0.05% by weight to 
apply from 1 October 1996 for diesel 
fuel allows the industries concerned 
sufficient time to make the technical 
adjustments required; 

Whereas the increasing use of gas oil 
for  motor  vehicles  implies  further 
efforts with regard to the quality of 
diesel  fuel,  in order  to  limit  the 
adverse  effects  of  such  use  on air 
quality;  whereas  setting  a  maximum 
sulphur content of 0.05% by weight to 
apply  from  1 April  1996  for diesel 
fuel allows the industries concerned 
sufficient time to make the technical 
adjustments required; 

(Amendment No. 6) 
13th recital 

quality 

improvement 

Whereas  the other  uses  of  gas oils 
and medium oils require an effort to 
be  made  to  reduce  air  pollution, 
wherein  account  should  be  taken  of 
their  contribution  having  regard  to 
and 
air 
environmental  costs  and  benefits; 
whereas the Commission should submit 
to  the  Council,  which  will  take  a 
decision thereon by  31 July  1994 at 
the  latest,  a proposal  introducing, 
by  1 October  1999  at  the  latest, a 
lower  limit  for the sulphur content 
and  setting  new  limit  values  for 
aviation kerosenes; 

quality 

improvement 

Whereas  the  other  uses  of  gas oils 
and medium oils require an effort to 
be  made  to  reduce  air  pollution, 
wherein  account  should  be  taken of 
their  contribution  having  regard to 
and 
air 
environmental  costs  and  benefits; 
whereas the Commission should submit 
to  the  Council,  which  will  take  a 
decision thereon by  31 July  1994 at 
the  latest,  a proposal  introducing, 
by  1 October  1998  at  the  latest, a 
lower  limit  for  the sulphur content 
and  setting  new  limit  values  for 
aviation  kerosenes;  whereas  the 
quality of diesel  fuel must  also be 
Improved  with  regard  tP  the çetane 
number  (at  least  50)  and  the 
proportion of aromatics (a maximum of 
IOJLLL 

(Amendment No. 7) 
Article 1(2) 

2.  This Directive shall not apply to 
gas oils: 

2.  This Directive shall not apply to 
gas oils: 

contained  in  the  fuel  tanks of 
vessels,  aircraft  or  motor 
vehicles  crossing  a  frontier 
between  a  third  country  and  a 
Member State; 
intended for processing prior to 
final consumption. 

intended for processing prior to 
final consumption; 
contained  in  the  fuel  tanks of 
vessels,  aircraft  or  motor 
vehicles  crossing  a  frontier 
between  a  third  country  and  a 
Member State. 

PE 162.863 

On  a proposal  from  the  Commission 
the  Council  shall  decide.  no. 
later  than  31  July  1994,  on 
measures  to  ensure  that  with 
effect  from  1 October  1995  these 
vessels  and  vehicles  only  use 
within  the  Community  gas  oils 
with  a  sulphur  content  which 
complies  with  the  provisions  of 
this  Directive. 

(Amendment  No.  8) 
Article  2(1) 

1.  Member  States  shall,  in  order  to 
reach the particulate emission  levels 
laid  down  in  specific 
Community 
Directives,  take  all  necessary  steps 
to  ensure  that  diesel  fuels  can  be 
placed  on  the market  in the  Community 
compound 
only 
if 
content, 
sulphur 
(hereinafter  'sulphur content'),  does 
not  exceed: 

their 
expressed 

sulphur 
in 

1.  Member  States  shall,  in  order  to 
reach the particulate  emission  levels 
laid  down  in  specific 
Community 
Directives,  take  all  necessary  steps 
to  ensure  that  diesel  fuels  can  be 
placed  on  the market  in the  Community 
compound 
only 
if 
content, 
sulphur 
(hereinafter  ' sulphur content ' ),  does 
not  exceed: 

their 
expressed 

sulphur 
in 

0.2%  by  weight  as  from  1  October 
1994, 
0.05% by  weight  as  from  1 October 
1996. 

0.2%  by  weight  as  from  1  April 
1994, 
0.05%  by  weight  as  from  1  April 
1996, 
0.02% bv weight  as  from  1 October 

- 

Member  States  shall  take  steps  to 
ensure  that  the diesel  fuels  referred 
to  in  the  first  paragraph  with  a 
sulphur  content  not  exceeding  0.05% 
by 
made 
available. 

gradually 

weight 

are 

are 

weight 

gradually 

Member  States  shall  take  steps  to 
ensure  that  the diesel  fuels  referred 
to  in  the  first  paragraph  with  a 
sulphur  content  not  exceeding  0.05% 
by 
made 
available.  Steps  shall  be  taken  to 
ensure 
all 
the 
filling 
Community  with  effect  from  1  October 
1995 of  fuel  for vehicles  with  diesel 
engines  which  have  to  satisfy  the 
requirements  Of  the  Second  stage  of 
Directive 91/542/EEC with  effect  from 
that flate, 

at 
throughout 

availability 

stations 

the 

PC  142.8*3 

3 

(Amendment No. 9) 
Article 2(2) 

EN 

2.  Member  States  shall  take  all 
necessary  steps  to ensure  that gas 
oils other than, or used for purposes 
other  than,  those  referred  to in 
paragraph  1  (with  the exception . of 
aviation  kerosenes*) may, as from 1 
October  1994.  be  marketed  in the 
Community  only  if  their  sulphur 
content  does  not  exceed  0.2% bv 
weight, 

2.  Member  States  shall  take  all 
necessary  steps  to ensure  that gas 
oils other than, or used for purposes 
other  than,  those  referred  to in 
paragraph 1  - with the exception of 
aviation kerosenes  - may be marketed 
in  the  Community  only  if  their 
sulphur content does not exceed 

0.2% by weight from 1 April 1994. 

Ot 1%  PV  weight  from 1 
1996, 

October 

sulphur 

controlling 

Before 1 January 1994. the Commission 
shall  indicate,  in a report  to the 
Council, what progress has been made 
dioxide 
in 
emissions.  At the same time it shall 
submit to the Council a proposal, in 
the  more  general  framework  of the 
policy  to improve  air quality, for 
transition  to  a  second  phase. 
prescribing  a  lower  limit  bv  1 
October  1999 at  the  latest.  aM 
setting new limit values for aviation 
kerosene. 

Before  1 July  1993.  the Commission 
shall  indicate,  in a  report  to the 
Council, what progress has been made 
dioxide 
in 
emissions and submit a proposal, in 
the  more  general  framework  of the 
policy to improve air quality, 

controlling 

sulphur 

prescribing  a  further  reduction 
in the sulphur  content of these 
gas  oils  with  effect  from  1 
QCtPper  1998, 
setting  new  limit  values  for 
aviation  kerosene  with  effect 
from 1 October 1998. 
establishing 
qualitative 
a 
improvement  in  diesel  fuel  bv 
setting  the cetane  number  at a 
minimum of 50 and the proportion 
of aromatics at a maximum of 10%. 

The Council  shall act by a qualified 
majority  by  31  July  1994 at the 
latest. 

The  Council  shall  act, pursuant to 
Article 100a. by a qualified majority 
by 31 July  1994 at the latest. 

* 

This  phrase 
English 
position. 

is  missing 

version 

of 

from 

the 
the  common 

PE 162.863 

iO 

EN 

(Amendment  No. 10) 
Article 2(3), first  subparagraph 

it 

products, 

3.  If,  as  the  result  of  a  sudden 
change in the supply of crude oil or 
petroleum 
becomes 
difficult for a Member State to apply 
the  limit  on  the  maximum  sulphur 
content of gas oil, 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. 

it 

products, 

3.  If,  as  the  result  of  a  sudden 
change in the supply of crude oil or 
petroleum 
becomes 
difficult for a Member State to apply 
the  limit  on  the  maximum  sulphur 
content of gas oil, 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 
shall  notify  its  decision  to  the 
Anv  Member  State  mav 
Council. 
contest  that  decision  pgfpre  the 
Council  within  one  jaonth. 
£he. 
çpunçi;,  actâthg  W 
a  qraUfi-vd 
maiprityi  way  adppt  a  different 
decision within two months. 

(Amendment  No. 11) 
Article 3 

No  Member  State  mav.  as  from  the 
dates  of  application  laid  down  in 
Article  2(1)  and  (2),  prohibit, 
restrict  or  prevent  the  placing  on 
the  market  of  gas  oils,  on  the 
grounds of their sulphur content»  if 
those  gas  oils  comply  with  the 
requirements of this Directive. 

Member States must. as from the dates 
of  application  laid  down  in  Article 
2(1)or  (3), prohibit the marketing of 
gas  oils  if  thev  do  not  comply  with 
the requirements of this Directive. 

(Amendment  No. 12) 
Article 5 

As  from  1  October  1994.  Directive 
75/716/EEC shall be replaced  by  this 
Directive. 

As  from  1  October  1993.  Directive 
75/716/EEC shall be replaced  by  this 
Directive. 

(Amendment  No. 13) 
Article 6,  first paragraph 

laws, 

regulations 

Member  States  will  bring  into  force 
the 
and 
administrative  provisions  necessary 
to  comply  with  this  Directive  not 
later than 1 October 1994. They shall 
forthwith  inform  the  Commission 
thereof. 

laws, 

regulations 

Member  States  will  bring  into  force 
the 
and 
administrative  provisions  necessary 
to  comply  with  this  Directive  not 
later  than  1  October  1993. 
They 
shall forthwith inform the Commission 
thereof. 

<T 

PE 162.863 

4  0 

ISSN 0254-1475 

COM(92) 600 final 

DOCUMENTS 

EN 

14 

Catalogue number : CB-CO-92-628-EN-C 

ISBN 92-77-51530-9 

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