OPINION of the Economic and Social Committee on the Proposal for a European Parliament and 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 and particulate polluants from diesel engines for use in vehicles
Date: 1995-04-27
Institutions: European Economic and Social Committee
Subjects: approximation of laws, combustion gases, motor vehicle, motor vehicle pollution, pollution control measures













EUR-Lex - 51995AC0407 - EN






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51995AC0407

OPINION of the Economic and Social Committee on the Proposal for a European Parliament and 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 and particulate polluants from diesel engines for use in vehicles  


Official Journal C 155 , 21/06/1995 P. 0010 





Opinion on the proposal for a European Parliament and  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 and particulate  pollutants from diesel engines for use in vehicles ()(95/C 155/03)On 10 February 1995,  the Council decided to consult the Economic and Social Committee, under Article 100a of the Treaty  establishing the European Community, on the abovementioned proposal. The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing the  Committee's work on the subject, adopted its Opinion on 5 April 1995. The Rapporteur was Mr  Denkhaus. At its 325th Plenary Session (meeting of 27 April 1995), the Economic and Social Committee  unanimously adopted the following Opinion. 1. Gist of the Commission proposal 1.1. The proposal relates to diesel engines mounted in  commercial vehicles (Category N, unlimited total mass) and passenger vehicles (Category M, maximum  permissible mass of more than 3,500 kg.). 1.2. Article 5(2) of Directive 91/542/EEC required the Commission to report to the Council before  the end of 1993 on progress made regarding the availability of techniques for controlling  air-polluting emissions from diesel engines, particularly those with a power output not exceeding  85 kW. The report should also present statistical methods for monitoring the production conformity  of these engines. On the basis of this report, the Commission should, if necessary, propose to the  Council an 'upward' revision of the limit values for particulate emissions. 1.3. Whilst existing technology enables heavy-duty diesel engines to comply with the extremely  ambitious EURO 2 limits for all types of emission laid down in Directive 91/542/EEC, most small  diesel engines with a power output not exceeding 85 kW cannot fully meet these targets. The  particulate emissions of these engines can be significantly reduced but the EURO 2 limits cannot be  completely achieved; the industry has therefore been allowed more time and must now make the  necessary design changes by 1999. 1.4. In order to encourage smaller diesel engines' early compliance with the lower particulate  emission limits, the Member States can grant tax incentives to promote the introduction of vehicles  complying with the EU rules. These incentives must be compatible with the Treaty and satisfy  certain conditions to avoid distorting the internal market. 2. General comments 2.1. Like many provisions that have been adopted in the past and others that  are likely to be adopted in the future, the Commission proposal has been shaped by the conflict  between technical feasibility and environmental and health requirements. The limits are set by (a)  state-of-the-art technology and its economic viability and (b) the level to which we want to reduce  the environmental and health burdens created by our living and working conditions in general and by  industry and the transport sector in particular. 2.2. In outlining its options for action, the Commission appears to be facing a dilemma between  total compliance with all EURO 2 limits, with correspondingly adverse consequences for the design  of smaller commercial vehicles, and temporary abandonment of the complete reduction of particulate  emission values for smaller diesel engines. In the light of the present situation, it is difficult  to decide whether the Commission has opted for the most appropriate line of action. 2.3. Whilst the proposed alignment of all other small diesel engine emissions, with the exception  of particulate emissions, on the EURO 2 standard represents a considerable advance on the present  position, it must be seen in the light of the overall reduction of emission limit values. The  approximately 60% reduction in the particulate emission limit for these engines is a significant  step forward. 2.3.1. Nevertheless, since these commercial vehicles operate principally in conurbations and urban  areas and since particulate emissions constitute a particular health threat, the Committee  expressly regrets that a transitional period of more than 4 years has had to be allowed for the  attainment of the EURO 2 value. 2.4. The Commission's proposed new method for monitoring production conformity is to be warmly  welcomed. It is technically reliable and standardizes testing and engineering practices in this  field. 3. Specific comments 3.1. The modification of the existing criterion for the small diesel engines  covered by this proposal from a power output not exceeding 85 kW to a maximum swept cylinder volume  of 0.7 dm3 and a rated power speed of more than 3,000 min-1 is a fundamental improvement. It  further reduces the category of engines covered by this exemption. 3.2. The Committee calls on the Commission to examine once again, in conjunction with the industry  and the relevant economic and social interest groups, the possibility of ending the exceptional  regime for small diesel engines before 30 September 2000. 3.3. As already indicated, the market impact of small diesel engines conforming to the Commission  proposal has so far been slight. Only limited numbers of vehicles incorporating such engines are  sold. It should, however, be borne in mind that the new EU driving-licence requirements () will  inevitably change vehicle users' purchasing habits and preferences for certain designs and may  result in these vehicles increasing their share of the market. 3.4. The tax incentives to promote the early introduction of engines which comply fully with the  EURO 2 standard are to be welcomed in principle. However, only the users of such vehicles should  benefit so as to prevent the incentive from being granted twice by different Member States. 3.4.1. Limiting the tax incentives to the additional cost of the necessary equipment and its  fitting seems questionable in view of the assessment basis, and could be interpreted in different  ways. 4. Conclusions 4.1. Whilst the proposed new procedure for verifying the conformity of production  is extremely welcome, the Commission should investigate the possibility of ending the special  arrangements for particulate emissions from small diesel engines at an earlier stage. 4.2. Since these new provisions are to apply to the 'type approval' of new engines from 1 October  1995 and bearing in mind the time required for completion of the relevant procedures, the Economic  and Social Committee calls for the rapid implementation of the Commission proposal. 4.3. Tax incentives to encourage the early introduction of low-emission engines have proved to be a  highly effective environmental protection measure. Done at Brussels, 27 April 1995. The Presidentof the Economic and Social CommitteeCarlos FERRER() OJ No C  389, 31. 12. 1994, p. 23.  () From 1 July 1995, the threshold for the award of either a passenger vehicle or heavy goods  vehicle licence will be a maximum permissible mass of 3,500  kg.; since existing provisions in the  majority of Member States specify a higher maximum permissible mass, there has been a large volume  of vehicles in the vicinity of the limit.