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 concerning the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC
Date: 1998-05-06
Institutions: European Commission
Subjects: atmospheric pollutant, diesel fuel, petrol, product quality, road transport

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 06.05.1998 
COM(1998) 241  final 

96/0163 (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 

concerning 

the quality of petrol and diesel fuels  and amending Council Directive 93/12/EEC 

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

OPINION  OF THE  COMMISSION 

BACKGROUND 

On  18  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/EEC1.  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  (COM  (96) 248  final). 

The  Economic  and  Social  Committee  adopted  its opinion  on 24 April  19972. 

In  the  framework  of  the  co-decision  procedure,  the  European  Parliament  delivered 
its  opinion  in  the  first  reading  on  10  April  19973  including  a  number  of  proposed 
amendments. 

In  v i ew  of  these  amendments,  Ihe  Commission  submilled  an  amended  proposal  lor  a 

European  Parliament  and  Council  Directive  relating  lo  the  quality  of  pelrol  ami 

diesel  fuels  and  amending  Council  Directive  93/12/EEC  ( C OM  (97)  271 

final). 

The  Council  adopted  its  c o m m on  position  (EC  39/97)  on  7 October  1997'  on  w h i ch 

the  Commission  delivered  its  opinion  in  a C o m m u n i c a t i on  (SEC  (97)  1874  final)  on 

16 October  1997. 

In  second  reading,  the  European  Parliament  on  18  February  1998  adopted  3d 
amendments  to the common  position. 

PURPOSE  OF THE COMMISSION  PROPOSAL 

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 o\' 
atmospheric  emissions  produced  by  spark  ignition  and  diesel  vehicles.  Harmonised 
specifications  for  petrol  and  diesel  fuels  are  therefore  proposed  to  take  effect  across 
the  Community  as  from  I  January  2000.  The  sale  oi'  leaded  petrol  is  also  to  be 
banned  as  from  the same  dale. The  proposal  also  foresees  the  possibility  for  Member 
States  to  mandate  the  use  of  special,  high  quality  fuels  in  agglomerations  or  /ones 
where  there  is  a  particularly  severe  problem  of  air  pollution  affecting  human  health 
or  the  environment. 

1 

<>J(,77oNI.3.l«W7,  p.  I 
O.I ('209  of  10.7.1997, p. 25 

•'  OJC  206 of 7.7.1997, p.  in 

?  O.IC  132 of 28.04.1997, p.  159 

4  OJC35I  of  19.1 1.1997, p. 1 

:>.  OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  OF  THE 

EUROPEAN  PARLIAMENT 

Of  the  36 amendments  adopted  by the  European  Parliament  in second  reading  (35 
totally  and  1 partially),  the  Commission  can  accept  3 in  their  entirety  (nrs  11,  13, 
17),  4  partially  (nrs  14 (Recital  16  3rd  whereas)  ,  23  (Article  9.3),  24  (Article 
11.1),  24  (Article  11.2))  and  1 in  principle  (nr  6 provided  an  additional  wording). 
Accordingly, the Commission  can not  support  in their entirity  the amendments  nrs 
1, 2, 3, 4, 5, 7, 8, 9,  10, 12, 16, 18, 19, 20, 21, 22, 25, 26, 27, 29, 30, 31, 32, 33, 34, 
35,  36,  37  and  partially  the  amendments  nrs  14  (Recital  16  lrst  whereas),  15 
(Article 3.2),  15 (Article 3.4),  15 (Article 3.5), 23 (Article 9.1), 23 (Article  9.2), 24 
(Article 11.3). 

Amendments which can be accepted: 

•  Amendments  11,13 and  17 have been accepted in their entirety 

On  the  grounds  of  redundancy  with  Article  13, amendments  11 and  17  propose 
the deletion of the date of application  ( I January 2000) for the fuels  marketed. 

Amendment  13 introduces  the  concept  of common  procedures  for  sampling  and 
testing in the Member States' fuels  monitoring systems. The Commission  supports 
such  harmonization  which  will 
its  reporting 
increase 
interpretation. 

the  efficiency  of 

•  Amendment 6 has been accepted in principle 

It states that changes in fuel  composition  immediately  achieve emission  reduction 
from  positive  ignition engines (gasoline  fuelled)  in urban  areas. The  Commission 
can  support  this  amendment  provided  that  the  following  wording  is  added: 
"provided  that  some  specifications  do  not  go  below  or  exceed  certain  levels". 
Indeed, below  or beyond  a certain  limit  for  certain  specifications  (aromatics  and 
oxygenates), the level of emissions increases. 

•  Parts  of  amendments  14 (Recital  16  3rd  whereas)  and  23  (Article  9.3)  have 

been accepted. 

Separate  specifications  for  fuels  used  by  captive  fleets  (buses,  taxis,  commercial 
vehicles  etc.),  and  in  particular  fuels  specifications  for  liquid  petroleum  gas, 
natural  gas and  biofuels,  are proposed.  The Commission  can support  this  working 
program  as  part of  the current  work  performed  under  the  framework  of  the  Auto 
Oil  II Review Process. 

•  Amendment 24 has been accepted partially (Articles  11.1  and  11.2) 

It  establishes  a  Committee  of  advisory  nature  and  requests  the  Commission  to 
take the utmost account of this Committee opinion.  The Commission can agree. 

Amendments which cannot be accepted: 

•  The  Commission's  proposal  is  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  3,  4,  5,  part  of  23  (Article  9.1)  are 
therefore  not acceptable. 

The proposals  for  fuel  standards to enter into force  in 2000 were based  upon an 
extensive  assessment  of  the  cost  effectiveness  (as  requested  by  Directive 
94/12/EC in its Article 4) of a range of measurescontributing  to reduced vehicle 
emissions.  The  Commission  considers  that  the  proposal  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 agreed upon  EU wide air quality  standards by 2010. The Commission 
cannot  therefore  accept  amendments  25,  26,  29.  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  several  years  delay  in  introducing 
these  measures:  parts  of  amendments  15 (Article  3.4)  and  16 (Article  4.2)  are 
therefore  unacceptable to the Commission. 

With  regard  to  the  proposed  standard  for  the  maximum  level  of  oxygenates  in 
petrol  (2.3%)  included  in  the  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 7 and 27. 

• 

The Commission  considers that  fuel  standards for  2005 can only be finalised on 
the basis of further  scientific  and  technical  assessments  included  in the ongoing 
Auto  Oil  II  Programme.  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  I,  10,  12.  19, 30, 31,  32, 33, 34, 35, 36, 
37  and  parts  of  amendment  14 (Recital  16  1st whereas),  15 (Article  3.2). 16 
(Article 4.1), 23 (Article 9.2). 

The  Community  framework  for  the  application  of  fiscal  incentives  for  the 
encouragement  of  the  marketing  of  cleaner  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 8, 9, 18. 

The fuels 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.  This  proposal  will  result  in  a  significant 
improvement  of  the  average  fuel  quality  sold 
in  the  Community.  The 
Commission cannot therefore accept amendment 2. 

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 
20, 21, 22 and  parts of  amendment  15 (Article 3.5),  16 (Article 4.3), 24 (Article 
11.3). 

4.  MODIFIED PROPOSAL 

By  adopting  its  opinion  on  the  common  position  regarding  a  Directive  of  the 
European  Parliament  and  the  Council  relating  to  the  quality  of  petrol  and  diesel 
fuels  and  amending  Council  directive  93/12/EEC,  the  Commission  expressed  its 
satisfaction  with  the  common  position  on  the  grounds  that  the  common  position 
remained  close  to the  Commission's  original  proposal,  confirmed  the  principles  of 
cost  effectiveness  as well  as the commitment  to base  future  proposals  on  extensive 
scientific/technical  assessment, and was adopted unanimously. 

Following the second reading by the European Parliament of the Draft  Directive, the 
Commission  herewith  modifies  its  proposal  for  a  Directive  by  including  the 
accepted amendments (3 in their entirety, 4 partially, and  1  in principle). 

AMENDED PROPOSAL FOR 

A EUROPEAN  PARLIAMENT AND COUNCIL  DIRECTIVE 

concerning the quality of petrol and diesel  fuels and amending Council  Directive 
93/12/EEC 

Common position of the Council 

Amended proposal 

(Amendment 6) 

Recital 9 

it 

as 

and 

such 

is  necessary 

(9)  Whereas 
to 
obtain  in the short term a reduction, 
in  urban  areas,  oi' 
in  particular 
unburnt 
pollutants 
hydrocarbons 
carbon 
secondary  pollutants 
monoxide, 
such as ozone, toxic emissions such 
as  benzene  and  particle  emissions; 
whereas  the  reduction  of  polluting 
vehicle  emissions  in  urban  areas 
can  be  immediately  achieved  on 
motor  vehicles  equipped  with 
positive  ignition  engines  through 
changes 
composition, 
fuel 
provided  that  some  specifications 
do  not  go  below  or  exceed  certain 
levels. 

in 

it 

is  necessary 

(9)  Whereas 
to 
obtain  in the short term a reduction, 
in  urban  areas,  of 
in  particular 
polluting 
emissions, 
vehicle 
including  primary  pollutants  such 
and 
as  unburnt 
secondary 
carbon  monoxide, 
pollutants  such  as  ozone, 
toxic 
emissions  such  as  benzene  and 
particle emissions; 

hydrocarbons 

' OJC35I  of  19.1 I.I W7.  p. I 

Common position of the Council 

Amended proposal 

(Amendment  11) 

Recital 13 

the 

of 
technology 

(13)  Whereas  the  need  for  vehicle 
and 
emission 
the 
reduction 
necessary 
availability 
the 
refinery 
setting  of 
fuel 
specifications  for  the  marketing  as 
from  1  January  2000  of  unleaded 
petrol and diesel  fuels; 

justify 
environmental 

(13)  Whereas  the  need  for  vehicle 
and 
reduction 
emission 
the 
necessary 
availability 
the 
the 
refinery 
setting  of 
fuel 
specifications  for  the  marketing  of 
unleaded petrol and diesel  fuels; 

justify 
environmental 

of 
technology 

Common position of the Council 

Amended proposal 

(Amendment  13) 

Recital  15 

under 

required 

(15)  Whereas,  in  order  to  ensure 
compliance  with  the  fuel  quality 
standards 
this 
Directive,  Member  States  should 
introduce  monitoring  systems,  and 
whereas information  on fuel  quality 
collected  by  Member  States  should 
the 
be 
a 
Commission 
common  format; 

communicated 

according 

to 

to 

under 

required 

(15)  Whereas,  in  order  to  ensure 
compliance  with  the  fuel  quality 
standards 
this 
Directive,  Member  States  should 
introduce  monitoring 
systems; 
whereas  such  monitoring  systems 
should  be  based  on  common 
procedures  for sampling and  testing 
and  whereas  information  on  fuel 
quality  collected  by  Member  States 
to  the 
should  be  communicated 
Commission 
a 
to 
common  format; 

according 

Common  position  of the  Council 

Amended  proposal 

(Amendment  14) 

Recital  16 

inter 

down 

assessment, 

specifications 

(16)  Whereas,  on  the  basis  of  a 
the 
comprehensive 
Commission  is to  submit  a  proposal 
alia 
setting 
environmental 
for 
petrol  and  diesel  fuels  to  be  applied 
as  from  1  January  2005;  whereas 
this  proposal  is  to  confirm  modify 
indicative 
and 
this 
specifications 
Directive; 
the 
Commission's  proposal  may,  as 
down 
also 
appropriate, 
environmental 
for 
specifications 
other  types  of  fuel  such  as  liquid 
petroleum  gas,  natural  gas  and 
biofucls; 

set  down 
whereas 

complement 

the 

set 

in 

in 

the 

inter 

down 

assessment, 

specifications 

set  down 
whereas 

(16)  Whereas,  on  the  basis  of  a 
the 
comprehensive 
Commission  is to submit  a  proposal 
alia 
setting 
environmental 
for 
petrol  and  diesel  fuels  to  be  applied 
as  from  1  January  2005;  whereas 
this  proposal  is  to  confirm  modify 
indicative 
and  complement 
this 
specifications 
Directive; 
the 
Commission's  proposal  may.  as 
down 
also 
appropriate. 
environmental 
for 
spécifications 
other  types  oi'  fuel  such  as  liquid 
petroleum  gas.  natural  gas  and 
biofucls;  whereas  captive  vehicle 
llccts 
taxis, 
commercial  vehicles,  etc.)  which 
large 
are 
proportion  of  urban  pollution  and 
would 
separate 
specifications; 

responsible 

(buses, 

benefit 

from 

exist 

for 

set 

a 

Common  position  of the  Council 

Amended  proposal 

(Amendment  17) 

Article 5 

No  Member  State  may  prohibit, 
restrict  or  prevent  the  placing  on  the 
market  of  fuels  which  comply  with 
the  requirements  of  this  Directive 
as  from  1  January  2000. 

No  Member  State  may  prohibit, 
restrict  or  prevent  the placing  on  the 
market  of  fuels  which  comply  with 
the requirements  of this  Directive. 

10 

Common position of the Council 

Amended proposal 

(Amendment 23) 

Article 9 

out 

The 

Commission 

1. 
shall, 
periodically  and  for  the  first  time 
not  later  than  12  months  from  the 
date  of  adoption  of  this  Directive 
but  in  any  event  no  later  than  30 
June  1999,  and  in  the  light  of  the 
assessment 
in 
carried 
accordance  with  the  requirements 
of  Article  3 of  Directive  97/.../EC 
of  the  European  Parliament  and  of 
the  Council  of 
to 
measures  to  be  taken  against  air 
pollution  by  emissions  from  motor 
vehicles  and  amending  Council 
Directive  70/220/EEC2,  submit  to 
the  European  Parliament  and  the 
Council a proposal  for a revision of 
this  Directive  as an  integral  part of 
the  strategy  designed  to  produce 
effects  to  meet  the  requirements  of 
the  Community 
quality 
standards  and  related  objectives  at 
least costs. 

relating 

air 

... 

out 

The 

Commission 

1. 
shall, 
periodically  and  for  the  first  time 
not  later  than  12  months  from  the 
date  of  adoption  of  this  Directive 
but  in  any  event  no  later  than  30 
June  1999,  and  in  the  light  of  the 
assessment 
in 
carried 
accordance  with  the  requirements 
of  Article  3 of  Directive  97/.../EC 
of  the  European  Parliament  and  of 
the  Council  of 
to 
measures  to  be  taken  against  air 
pollution  by  emissions  from  motor 
vehicles  and  amending  Council 
Directive  70/220/EEC1,  submit  to 
the  European  Parliament  and  the 
Council a proposal  for a revision of 
this  Directive  as an  integral  part of 
the  strategy  designed  to  produce 
effects  to  meet  the  requirements  of 
the  Community 
quality 
standards  and  related  objectives  at 
least costs. 

relating 

air 

... 

11 

petrol  which 

,i^  s.'.!< A  shall  contain  the 
specifications 
is 

•  ..  .t;;> . c* 
•;>, 
•• - jtii 
.j 
from  1  January  2005, 
- ..j'-kcud 
and 
confirming 
complementing 
indicative 
specifications  stipulated  in  Annex 
III. 

or  modifying 
the 

2.  The  proposal  shall  contain  the 
specifications 
environmental 
for 
required 
is 
petrol  which 
from  1  January  2005, 
marketed 
and 
confirming 
complementing 
indicative 
specifications  stipulated  in  Annex 
III. 

or  modifying 
the 

confirming 

specifications 

the  marketing 

3.  The  proposal  shall  also  contain 
for 
environmental 
diesel  fuels  of  a  quality  compatible 
functioning  of 
with  the  effective 
abatement 
new 
pollution 
of 
technologies 
from  1 
which  will  be  ensured 
January 
or 
2005, 
modifying  and  complementing  the 
indicative  specifications  stipulated 
in  Annex  IV.  The  proposal  shall 
also  allow  for  a  gradual  increase  in 
the  availability  and  a  balanced 
distribution  throughout  the  territory 
of the  Member  States  of such  diesel 
fuel  and  contain  a  date  on  which 
only 
can  be 
marketed. 

such  diesel 

fuel 

The 

shall, 

proposal 
also 

as 
4. 
contain 
appropriate, 
environmental 
for 
liquid  petroleum  gas,  natural  gas 
and  biofuels. 

specifications 

pollution 

confirming 

specifications 

the  marketing 

3.  The  proposal  shall  also  contain 
foi-
environmental 
diesel  fuels  of  a  quality  compatible 
with  the  effective  functioning  of 
abatement 
new 
of 
technologies 
from  1 
which  will  be  ensured 
January 
or 
2005, 
modifying  and  complementing  the 
indicative  specifications  stipulated 
in  Annex  IV.  The  proposal  shall 
also  allow  for  a  gradual  increase  in 
the  availability  and  a  balanced 
distribution  throughout  the  territory 
of the  Member  States of  such  diesel 
fuel  and  contain  a  date  on  which 
can  be 
only 
marketed. 
the 
to 
provisions  of  paragraphs  1  and  2, 
inter  alia 
the  Commission  may 
bring  forward 

such  diesel 
In 

fuel 
addition 

the 

taking 

proposals 

into 
= 
consideration 
particular 
situation  of  captive  fleets  and  the 
need 
of 
propose 
specifications  for  the  special  fuels 
they  use; 

levels 

to 

setting 

~~~  proposals 
specifications  applicable  to  liquid 
petroleum  gas,  natural  gas  and 
biofuels; 

levels 

of 

12 

Common  position of the Council 

Amended proposal 

(Amendment 24) 

Article 11 

representative  of 

1.  The 
the 
Commission  shall  submit  to  the 
committee  referred  to  in  Article  10 
a draft  of the measures  to  be taken. 
The  committee  shall  deliver 
its 
opinion  on  the  draft  within  a  time 
limit  which  the  chairman  may  lay 
down  according  to  the  urgency  of 
the  matter.  The  opinion  shall  be 
delivered  by the majority  laid down 
in  Article  148(2)  of  the  Treaty  in 
the  case  of  decisions  which  the 
Council  is  required  to  adopt  on  a 
proposal  from  the Commission. The 
votes  of  the  representatives  of  the 
Member 
the 
committee  shall  be  weighted  in  the 
manner  set  out  in  that  Article.  The 
chairman shall not vote. 

States  within 

1.  The  Commission 
shall  be 
assisted  by  a  committee  of  an 
advisory  nature  composed  of  one 
representative  per  Member  State 
and chaired  by the representative of 
the Commission. 

of 

representative 

The 
the 
Commission  shall  submit  to  the 
committee  a  draft  of  the  measures 
to  be  taken.  The  committee  shall 
deliver  its  opinion  on  the  draft 
the 
within  a  time 
chairman  may  lay  down  according 
to  the  urgency  of  the  matter,  if 
necessary  by taking a vote. 

limit  which 

The opinion shall  be recorded  in the 
minutes;  in  addition  each  Member 
State  shall  have  the  right  to  ask  to 
have  its  position  recorded  in  the 
minutes. 

13 

2.  The  Commission  shall  take  the 
utmost  account  of 
the  opinion 
delivered by the committee. It shall 
inform the committee of the manner 
of which its opinion has been taken 
into account. 

2.  The  Commission  shall  adopt  the 
measures  envisaged  if  they  are  in 
accordance  with  the  opinion  of  the 
committee. 

If the measures envisaged  are not in 
accordance  with  the  opinion  of  the 
committee,  or  if  no  opinion 
is 
delivered,  the  Commission  shall, 
without  delay, 
the 
Council  a  proposal  relating  to  the 
measures  to  be  taken.  The  Council 
shall act by a qualified  majority. 

submit 

to 

If,  on  the  expiry  of  3  months  from 
the  date  of  referral  to  the  Council, 
the  Council  has  not  acted,  the 
proposal  measures  shall  be adopted 
by the Commission,  save  where the 
Council  has  decided  against  the 
said measures by a simple majority. 

14 

ISSN 0254-1475 

COM(98) 241 final 

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