Opinion of the Commission pursuant to Article 189B(2)(d) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a European Parliament and Council Directive 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 internal combustion engines to be installed in non-road mobile machinery
Date: 1997-07-09
Institutions: European Commission
Subjects: air quality, approximation of laws, construction equipment, motor vehicle, pollution control measures

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels, 09.07.1997 
COM(97) 354  final 

95/0209 (COD) 

OPINION OF THE COMMISSION 
pursuant to Article 189 b (2) (d) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the 

proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 

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 internal combustion engines to be 
installed in non-road mobile  machinery 

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 189 a (2) of the EC Treaty 

1. 

Introduction 

The proposal [COM(95)350 final - 95/0209 (COD)]1 was submitted to the Council 
and to the European Parliament on 7/9/1995. 

The Economic and Social Committee adopted its opinion on 28 February 1996.2 

The European Parliament approved the proposal, in first reading, on 25.10.1995 
without amendments.3 

On  25  June  1996  the  Council  reached  a  unanimous  common  position  on  the 
Directive.  On  20.01.1997,  pursuant  to  the  second  subparagraph  of  Article 
189b(2) of the EC Treaty,  the Council formally adopted its common position (No 
15/97) on the Commission's proposal.4 

In  second  reading,  the  European  Parliament  on  13  May  1997  adopted  3 
amendments to the common position. 

2. 

Aim of the Proposal 

The aim of the proposal is to  reduce air pollution from a hitherto unregulated sector of 
growing importance. Thus, its purpose is  to achieve a high level of protection for human 
health and the environment while contributing to the completion of the single market by 
the  establishment  of  uniform  emission  standards  which  must  be  met  by  new  interna! 
combustion engines to be installed in non-road mobile machinery. 

While  the environmental  impact from this source was  already  considerable  in  1990, 
forecasts  for  the  year  2010  show  that  its  share  of  contribution  to  pollution  will 
increase  dramatically  in  comparative  terms,  because  of  considerable  reductions  in 
pollution  from  road  transport.  The  importance  of  this  source  of  pollution  is 
underlined  by  the  fact  that,  even  assuming  that  the  proposal  is  adopted  and  a 
considerable  emission  reduction  from  new  machinery  engines  -  and  from  those  of 
agricultural  tractors  by  means  of  a  linked  proposal  currently  under  preparation  -  is 
achieved,  particulate  matter  emissions  will  be  nearly  as  high  as  those  stemming 
from all motor vehicles on the road.  Nitrogen Oxides will be about two thirds of those 
produced  by  road  transport.  Recent  investigations  in  European  air-quality  within  the 
context of the auto-oil  programme  have indicated that reductions  in emissions of these 
substances from ali sources are a top priority. 

The  proposed  Directive  foresees  the  progressive  introduction  of  rigorous  emission 
standards, to be  introduced  in two stages by use of a tight time table.  Stage  1 should 
take effect  from  September  1998, and Stage 2 should  be phased  in between  January 
2001  and  December 2003. Therefore,  a timely  adoption  is urgent,  in order  to  achieve 
the  utmost  degree  of emission reduction and in order to avoid those  additional  delays 

O.J. C 328, 07.12.1995, p. 1 
O.J. C 153, 28.05.1996, p. 2 
O.J. C 308, 20.11.1995, p. 29 
O.J. C 123,21.04.1997, p. 1 

that would be caused by essential changes of the proposal which would be  needed to 
adapt it to a different time schedule. 

3. 

The  Commission's  position  on  the  amendments  proposed  by  the 
Parliament at second reading 

The  Commission  accepts  Amendment  1  (to  recital  21a  -new)  which  refers  to  the 
"modus vivendi", by introducing a relevant recital in its amended proposal. 

Amendments number 3 (to article 14) and 4 (to article 15) are not accepted: 

Amendment  number  3  is  not  compatible  with  the  existing  rules  on  comitology  and 
would imply a change of the legislation in force in relation to comitology. 

Amendment  number  4  is  related  to  the  committee  type  procedure  for  adaptation  to 
technical progress.  In principle, the Commission is in favour of the approach proposed 
by  the  Parliament  to  use  an  advisory  committee.  However,  in  order  to  enable  an 
adoption in a foreseeable timeframe the Commission has accepted a type lib committee 
on request of the Council. This procedure does not create fundamental  problems for a 
smooth management and adaptation of the Directive. 

4. 

Amended proposal 

Following  the  second  reading  of  the  draft  Directive  by  the  European  Parliament,  the 
Commission herewith modifies its proposal for a Directive by including one of the three 
amendments which were  adopted  by the  European  Parliament  on  13 May  1997.  The 
modification is shown in Annex I. 

ANNEX  I 

AMENDED  PROPOSAL FOR 

A DIRECTIVE  OF THE  EUROPEAN  PARLIAMENT AND THE COUNCIL 

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 internal combustion engines to 
be installed in non-road mobile machinery 

Common position of the Council 

Modified proposal 

New Recital 21a 
(following amendment 1) 

the  Council  and 
concerning 

Whereas  an  agreement  on  a  "modus 
the  European 
vivendi"  between 
the 
Parliament, 
the 
Commission 
for  acts 
implementing  measures 
adopted 
the 
procedure  laid down in Article  189b of 
the  EC  Treaty  was  reached  on  20 
December 19941 

in  accordance  with 

0J  C 102, 04.04.1996, p.1 

ISSN 0254-1475 

COM(97) 354 final 

DOCUMENTS 

EN 

14  06  15 

Catalogue number  :  CB-CO-97-341-EN-C 

ISBN 92-78-22367-0 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

6"