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
Date: 1997-06-02
Institutions: European Commission
Subjects: atmospheric pollutant, diesel fuel, petrol, product quality, road transport

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) 

1) 

2) 

3) 

4) 

EXPLANATORY  MEMORANDUM 

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. 

The Economic and Social Committee adopted  its opinion on 24.4.97. The Economic and Social 
Committee was broadly supportive of the Commission proposal. 

At  its plenary  session  on  10 April  1997, the  European  Parliament  approved  the proposal  from 
the Commission with a total of 54 amendments. 

r 

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) 

Modified  proposal 

Recital 

the 

States 

laws  or 
Whereas  disparity  between 
the 
administrative  measures  adopted  by 
Member 
of 
specifications 
on 
conventional  and  alternative  fuels  used  by 
spark-ignited  and  diesel  vehicles  creates 
barriers  to  trade  in  the  Community  and  may 
thereby  have  a  direct 
the 
establishment  and  functioning  of  the  internal 
market;  whereas 
the 
provisions  of  Article  3b  of  the  Treaty,  it 
therefore  appears  necessary  to approximate  the 
laws in this field; 

in  accordance  with 

impact  on 

the 

States 

Whereas  disparity  between 
laws  or 
administrative  measures  adopted  by 
the 
of 
specifications 
on 
Member 
conventional  and  alternative  fuels  used  by 
spark-ignited  and  diesel  vehicles  creates 
barriers  to  trade  in  the  Community  and  may 
thereby  have  a  direct 
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; 

impact  on. 

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 
the  development  of  the 
secondary  pollutant  ozone,  a  considerable  risk 
to human health and the environment; 

through 

Whereas primary air pollutants such as nitrogen 
oxides,  unburnt  hydrocarbons,  particulate 
m arte,  carbon  monoxide,  benzenes  and  other 
toxic  exhaust  emissions  and  their  secondary 
in 
pollutants  such  as  ozone  are  emitted 
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 

in 

for 

the 

Whereas  the  European  Auto/Oil  Programme, 
the  details  of  which  are  outlined 
the 
future 
Commission's  Communication  on  a 
atmospheric 
strategy 
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; 

control  of 

in 

for 

the 

Whereas  the  European  Auto/Oil  Programme, 
the 
the  details  of  which  are  outlined 
future 
Commission's  Communication  on  a 
atmospheric 
strategy 
emissions 
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; 

control  of 

from 

road 

Recital 7 

the 

Whereas 
introduction  of  environmental 
fuels  specifications  for  petrol  and  diesel  fuels  is 
the  cost-effective 
an 
important  element  of 
and  national/ 
package  of  European-wide 
regional/local  measures 
the 
by 
European  Auto/Oil  Programme: 

identified 

the 

Whereas 
introduction  of  environmental 
fuels  specifications  for  petrol  and  diesel  fuels  is 
the  cost-effective 
an 
important  element  of 
national/ 
package  of  European-wide 
regional/local  measures  that  should  be  put  into 
effect: 

and 

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 
separate 
specifications: 

from 

Recital  15c (new) 

the  Commission 

should  propose 
Whereas 
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, 
the 
that  Member 
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. 

inform 

State 

shall 

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 
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. 

informing 

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 

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