Proposal for a Directive of the European Parliament and of the Council on the quality of petrol and diesel fuels and amending Directive 98/70/EC (COM(2001) 241 final — 2001/0107(COD))  (Text with EEA relevance)
Date: 2001-07-31
Institutions: European Commission
Subjects: amendment of a law, diesel fuel, environmental protection, petrol, product quality

31.7.2001

EN

Official Journal of the European Communities

C 213 E/255

Proposal for a Directive of the European Parliament and of the Council on the quality of petrol
and diesel fuels and amending Directive 98/70/EC

(2001/C 213 E/13)

(Text with EEA relevance)

COM(2001) 241 final (cid:151) 2001/0107(COD)

(Submitted by the Commission on 11 May 2001)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF
THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

(6) Road vehicles are increasingly reliant upon catalytic after-
treatment devices to attain the emissions limits mandated
in Council Directive 70/220/EEC (2) relating to measures
to be taken against air pollution by gases from positive-
ignition engines of motor vehicles and Council Directive
88/77/EEC (3) relating to the measures to be taken against
the emission of gaseous pollutants from diesel engines for
use in vehicles. Accordingly a reduction in the sulphur
is likely to have a larger
content of petrol and diesel
impact on exhaust emissions than changes to the other
fuel parameters;

(7) The introduction of lower sulphur fuels will improve the
fuel efficiency of new, emerging vehicle technologies and
lead to significant reductions in emissions of conventional
air pollutants when used in existing vehicles. These
benefits must
increased
emissions of CO2 associated with the production of zero
sulphur petrol and diesel;

balanced

against

the

be

(1) Directive 98/70/EC of the European Parliament and of the
Council of 13 October 1998 relating to the quality of
petrol and diesel fuels and amending Council Directive
93/12/EC (1), lays down the environmental specifications
for market fuels;

(8) It is therefore appropriate to lay down measures ensuring
the introduction and availability of zero sulphur fuels. In
this regard fiscal
incentives have been shown to be
effective in promoting the introduction of higher quality
fuels according to national needs and priorities;

(2) Article 95 of

the Treaty foresees

that Commission
proposals aimed at the establishment and functioning of
the internal market and concerning, inter alia, health and
environmental protection, shall take as a base a high level
of environmental protection;

(3) A revision of Directive 98/70/EC is foreseen in respect of
the requirements of Community air quality standards and
related objectives and in order to incorporate additional
specifications to complement
those mandatory specifi-
cations already laid down in Annex III and Annex IV of
the Directive;

(4) A reduction of the sulphur content of petrol and diesel
has been identified as a means of contributing to the
achievement of those objectives;

(5) The adverse effect of sulphur in petrol and diesel on the
effectiveness of catalytic exhaust gas after-treatment tech-
nologies is well established;

(1) OJ L 350, 28.12.1998, p. 58, as last amended by Commission

Directive 2000/71/EC, (OJ L 287, 14.11.2000, p. 46).

(9) The availability of zero sulphur fuels resulting from this
Directive, will provide a basis for the automobile manu-
to make significant additional commitments
facturers
towards the attainment of
the Community’s target of
120 g/km for the average CO2 emissions of the new car
fleet when the current environmental commitments with
the automobile manufacturers are reviewed in 2003;

(10) It is necessary to ensure that sufficient quantities of zero
sulphur petrol and diesel
fuels are available from 1
January 2005 on a balanced geographic basis in order
to permit the free circulation of new vehicles requiring
these fuels whilst ensuring that CO2 emissions reductions
from new vehicles outweigh those additional emissions
associated with the production of zero sulphur fuels;

(2) OJ L 76, 6.4.1970, p. 1. Directive as last amended by Directive
2001/1/EC of the European Parliament and of the Council (OJ L
35, 6.2.2001, p. 34).

(3) OJ L 36, 9.2.1988, p. 33. Directive as last amended by Directive
1999/96/EC of the European Parliament and of the Council (OJ L
44, 16.2.2000, p. 1).

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(11) The complete penetration of zero sulphur fuels should be
provided for from 1 January 2011 in order to allow the
fuel manufacturing industry enough time to make the
necessary investments to adapt its production plans. In
addition, the full introduction of zero sulphur fuels from
2011 will reduce emissions of conventional pollutants
from the
leading to an
improvement in air quality whilst ensuring that there is
no overall increase in greenhouse gas emissions;

existing fleet of vehicles

(12) The emissions from engines installed in non-road mobile
machinery and agricultural tractors must comply with the
limits stipulated in Directive 97/68/EC of the European
the Council (1) relating to measures
Parliament and of
against the emission of gaseous and particulate pollutants
from internal combustion engines
to be installed in
non-road mobile machinery and of Council Directive
74/150/EEC (2) relating to the type-approval of wheeled
agricultural or forestry tractors, respectively. Attainment
increasingly
of
emissions
dependent upon the quality of
the gas oils used by
these engines and so it is important to include a definition
for such fuels in Directive 98/70/EC;

limits will become

these

(13) It is appropriate to provide for a uniform system of fuel
to assess
fuel

quality monitoring and reporting in order
compliance with the mandated environmental
quality specifications;

(14) A procedure should be laid down for updating the
measurement methods used to ensure compliance with
the mandated fuel quality specifications;

(15) The provisions of Directive 98/70/EC should be amended
to take account of Council Decision 1999/468/EC of 28
June 1999 laying down procedures for the exercise of
implementing powers conferred upon the Commission (3);

(16) Provision should be made for a review of the provisions in
Directive 98/70/EC in order to take account of new
Community air quality legislation and related environ-
the development of new pollution
mental objectives,
technologies and to confirm, or otherwise,
abatement
the date for full
in
order
increase in
to ensure that
emissions of greenhouse gases;

introduction of zero sulphur diesel

there is no overall

(17) The Member States should lay down rules on penalties
of
applicable
Directive 98/70/EC and ensure that they are implemented.
Those penalties must be effective, proportionate and
dissuasive;

infringements

provisions

the

to

of

(18) Directive

98/70/EC should

therefore

be

amended

accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 98/70/EC is amended as follows:

1. Article 2 is amended as follows:

(a) The second paragraph of point 2 is deleted.

(b) The following point 3 is added.

(cid:145)3. (cid:147)gas oils

intended for use by non-road mobile

machinery and agricultural tractors’ means(cid:148):

(cid:151) any petroleum derived liquid, falling within CN
intended for
to in Directives
amended

codes 2710 00 66 to 2710 00 68,
use
97/68/EC
respectively, and where

in engines
and

referred
74/150/EC

as

(cid:151) less

than 65 % by volume (including losses)
distils at 250 (cid:176)C by the ASTM D 86 method
(or where distillation percentage cannot be
determined by the ASTM D 86 method), and
where

(cid:151) 85 % or more by volume (including losses) distils

at 350 (cid:176)C by the ASTM D 86 method).(cid:146)

2. Article 3 is amended as follows:

(a) The following sub-paragraphs (d) and (e) are added to

paragraph 2.

(cid:145)(d) Without

to

the

prejudice

provisions
shall

of
subparagraph (c), Member States
take all
necessary measures to ensure that, by no later
than 1 January 2005, unleaded petrol with a
maximum sulphur content of 10 mg/kg (ppm)
is
marketed in their territories. Member States shall
ensure that such unleaded petrol is available on a
balanced geographic basis and complies in all other
respects with the specifications in Annex III.

(1) OJ L 59, 27.2.1998, p. 1.
(2) OJ L 84, 28.3.1974, p. 10. Directive as last amended by Directive
2000/25/EC of the European Parliament and of the Council (OJ
L 173, 12.7.2000, p. 1).
(3) OJ L 184, 17.7.1999, p. 1.

(e) By no later than 1 January 2011, Member States
shall ensure that unleaded petrol can be marketed
it complies with the
in their
territory only if
environmental specification set out
in Annex III
except for the sulphur content which shall be less
than 10 mg/kg (ppm).(cid:146)

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3. Article 4 is amended as follows:

(a) The following sub-paragraphs (d) and (e) are added to

paragraph 1.

(cid:145)(d) Without

to

the

prejudice

provisions
shall

of
subparagraph (c), Member States
take all
necessary measures to ensure that, by no later
than 1 January 2005, diesel fuel with a maximum
sulphur content of 10 mg/kg (ppm) is marketed in
their territories. Member States shall ensure that
available on a balanced
is
such diesel
fuel
geographic basis
in all other
and
respects with the specifications in Annex IV.

complies

that diesel

(e) By no later than 1 January 2011, Member States
shall ensure, subject to the provisions of Article
9.1(a),
fuel can be marketed in their
territory only if it complies with the environmental
specification set out in Annex IV except for the
sulphur
than
10 mg/kg (ppm).(cid:146)

content which

shall

less

be

(b) The following new paragraph 5 is added.

(cid:145)5. Member States shall ensure that gas oils marketed
in their territory and intended for use by non-road
mobile machinery and agricultural tractors contain less
than 2 000 mg/kg (ppm) of sulphur. By 1 January 2008
at the latest the maximum permissible sulphur content
intended for use by non-road mobile
of gas oils
machinery
be
and
1 000 mg/kg (ppm). However, Member States may
the
require a lower
same sulphur content as for diesel fuels as stipulated
in this Directive.(cid:146)

limit of 500 mg/kg (ppm) or

agricultural

tractors

shall

4. Article 8 is replaced by the following.

(cid:145)Article 8

1. Member States shall monitor compliance with the
requirements of Articles 3 and 4, in respect of petrol and
diesel fuels, on the basis of the analytical methods referred
to in European Norms EN 228 and EN 590 respectively.

2.
The Member States shall establish a fuel quality moni-
toring system which must comply, as a minimum, with the
requirements of EN . . .
(number of new standard to be
inserted once published). The use of an alternative fuel
quality monitoring system may be permitted so long as
Member States are able to demonstrate that such a system
provides results of comparable quality.

Each year by 30 June the Member States shall submit a
3.
summary of national
fuel quality data for the preceding
calendar year. The first summary shall be submitted by 30
June 2002. The format for this summary shall follow that
described in EN . . . (number of new standard to be inserted
once published). In addition, Member States shall report the

total volumes of petrol and diesel fuel marketed in their
territories and the volumes of unleaded petrol and diesel
marketed which contain less than 10 mg/kg (ppm) of
sulphur. Furthermore, the Member States shall report the
fuels
extent geographically to which petrol and diesel
containing less
sulphur are
marketed within their territory.(cid:146)

than 10 mg/kg (ppm) of

5. Article 9 is amended as follows:

(a) Paragraph 1 is replaced by the following.

the
the
latest
By 31 December 2006 at
(cid:145)1.
Commission shall
specifications of
review the fuel
Directive 98/70/EC and propose amendments, if appro-
priate, in keeping with current and future requirements
of Community air quality legislation and related
objectives. In particular, the Commission shall consider:

that

introduction of diesel

(a) The necessity of any change to the end date for the
fuel, with a maximum
full
in order to
sulphur content of 10 mg/kg (ppm),
in
increase
ensure
is no overall
shall
emissions. This
greenhouse
consider developments in refinery processing tech-
nologies, expected fuel economy improvements of
vehicles and the rate that new fuel-efficient tech-
nologies are introduced into the vehicle fleet.

analysis

there

gas

(b) The implications of new Community legislation
setting air quality standards for substances such as
Polycyclic Aromatic Hydrocarbons.

(c) The outcome of the review described in Article 10
of Directive 99/30/EC relating to limit values for
sulphur
of
nitrogen, particulate matter and lead in ambient
air (*).

nitrogen

dioxide,

dioxide,

oxides

(d) The outcome of

the

review of

various
commitments with the Japanese (**), Korean (***)
and European (****) automobile manufacturers to
reduce the fuel consumption and carbon dioxide
emissions of new passenger cars.

the

(e) The outcome of the review required by Article 7 of
the
Directive 99/96/EC and the confirmation of
mandatory NOx emission standard for heavy duty
engines.

(f) The

effective

new pollution
abatement technologies and developments affecting
international fuel markets.

functioning

of

___________

(*) OJ L 163, 29.6.1999, p. 41.
(**) OJ L 100, 20.4.2000, p. 57.
(***) OJ L 100, 20.4.2000, p. 55.
(****) OJ L 40, 13.2.1999, p. 49.(cid:146)

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(b) Paragraph 2 is deleted.

6. The following Article 9a is inserted:

(cid:145)Article 9a

1999/468/EC shall apply in accordance with Articles 7
and 8 thereof.

The period provided for in Article 5 of Decision

3.
1999/468/EC shall be three months.

Member States shall determine the penalties applicable to
breaches of the national provisions adopted pursuant to this
Directive. The penalties determined must be effective,
proportionate and dissuasive.(cid:146)

___________
(*) OJ L 296, 21.11.1996, p. 55.(cid:146)

7. In Article 10 the first paragraph is

replaced by the

this Directive.

following:

9. The Annexes I to IV are replaced by the text in the Annex to

(cid:145)The measurement methods referred to in Annexes I, II, III
and IV of this Directive shall be those analytical methods set
out in European Norms EN 228 and EN 590. Any change
to a test method in either EN 228 or EN 590 shall only be
binding on the Member States if the new method gives at
least
the same level of
precision as the test method it replaces. In the event that
additional adaptation of these methods to technical progress
is necessary,
the
Commission in accordance with the procedure mentioned
in Article 11, paragraph 2.(cid:146)

the same accuracy and at

amendments may be

adopted by

least

8. Article 11 is replaced by the following:

(cid:145)Article 11

Article 2

Member States shall adopt and publish the laws, regulations
and administrative provisions necessary to comply with this
Directive by 30 June 2003 at the latest. They shall forthwith
inform the Commission thereof.

Member States shall apply these measures from 1 January
2004.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of
their official publication.
Member States shall determine how such reference is to be
made.

Article 3

1.
The Commission shall be assisted by the Committee
established in accordance with Article 12 of Directive
96/62/EC (*), composed of representatives of the Member
States and chaired by a representative of the Commission.

2. Where reference is made to this paragraph, the regu-
latory procedure laid down in Article 5 of Decision

This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

Article 4

This Directive is addressed to the Member States.

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Official Journal of the European Communities

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ANNEX

(cid:145)ANNEX I

ENVIRONMENTAL SPECIFICATIONS FOR MARKET FUELS TO BE USED FOR VEHICLES EQUIPPED WITH
POSITIVE-IGNITION ENGINES

Type: Petrol

Parameter (1)

Unit

Limits (2)

Minimum

Maximum

Research octane number

Motor octane number

Vapour pressure, summer period (4)

Distillation:

(cid:151) percentage evaporated at 100 (cid:176)C

(cid:151) percentage evaporated at 150 (cid:176)C

Hydrocarbon analysis:

(cid:151) olefins

(cid:151) aromatics

(cid:151) benzene

Oxygen content

Oxygenates

(cid:151) Methanol (stabilising agents must be added)

(cid:151) Ethanol (stabilising agents may be necessary)

(cid:151) Iso-propyl alcohol

(cid:151) Tert-butyl alcohol

(cid:151) Iso-butyl alcohol

(cid:151) Ethers containing 5 or more carbon atoms per molecule

(cid:151) Other oxygenates (7)

Sulphur content

Lead content

95 (3)

85

(cid:151)

46,0

75,0

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

60,0 (5)

(cid:151)

(cid:151)

18,0 (6)

42,0

1,0

2,7

3

5

10

7

10

15

10

150

0,005

kPa

% v/v

% v/v

% v/v

% v/v

% v/v

% m/m

% v/v

% v/v

% v/v

% v/v

% v/v

% v/v

% v/v

mg/kg

g/l

(1) Test methods shall be those specified in EN 228. Any change to a test method in EN 228 shall only be binding on the Member
States if the new method gives at least the same accuracy and at least the same level of precision as the test method it replaces.
(2) The values quoted in the specification are (cid:147)true values(cid:148). In the establishment of their limit values the terms of ISO 4259 (cid:147)Petroleum
products (cid:151) Determination and application of precision data in relation to methods of test(cid:148) have been applied and in fixing a
minimum value, a minimum difference of 2 R above zero has been taken into account (R = reproducibility). The results of individual
measurements shall be interpreted on the basis of the criteria described in ISO 4259 (published in 1995).

(3) Unleaded Regular grade petrol may be marketed with a minimum motor octane number (MON) of 81 and a minimum research

octane number (RON) of 91.

(4) The summer period shall begin no later than 1 May and shall not end before 30 September. For Member States with arctic conditions

the summer period shall begin no later than 1 June and shall not end before 31 August.

(5) For Member States with arctic conditions the vapour pressure shall not exceed 70 kPa during the summer period.
(6) Unleaded Regular grade petrol may be marketed with a maximum olefin content of 21 % v/v.
(7) Other mono-alcohols and ethers with a final boiling point no higher than that stated in EN 228.

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ENVIRONMENTAL SPECIFICATIONS FOR MARKET FUELS TO BE USED FOR VEHICLES EQUIPPED WITH
COMPRESSION IGNITION ENGINES

ANNEX II

Type: Diesel fuel

Cetane number

Density at 15 (cid:176)C

Distillation:

Parameter (1)

(cid:151) 95 % (v/v) recovered at

Polycyclic Aromatic Hydrocarbons

Sulphur content

Unit

kg/m3

(cid:176)C

% m/m

mg/kg

Limits (2)

Minimum

Maximum

51,0

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

845

360

11

350

(1) Test methods shall be those specified in EN 590. Any change to a test method in EN 590 shall only be binding on the Member States
if the new method gives at least the same accuracy and at least the same level of precision as the test method it replaces.
(2) The values quoted in the specification are (cid:147)true values(cid:148). In the establishment of their limit values the terms of ISO 4259 (cid:147)Petroleum
products (cid:151) Determination and application of precision data in relation to methods of test(cid:148) have been applied and in fixing a
minimum value, a minimum difference of 2 R above zero has been taken into account (R = reproducibility). The results of individual
measurements shall be interpreted on the basis of the criteria described in ISO 4259 (published in 1995).

31.7.2001

EN

Official Journal of the European Communities

C 213 E/261

ENVIRONMENTAL SPECIFICATIONS FOR MARKET FUELS TO BE USED FOR VEHICLES EQUIPPED WITH
POSITIVE-IGNITION ENGINES

ANNEX III

Type: Petrol

Parameter (1)

Unit

Limits (2)

Minimum

Maximum

Research octane number

Motor octane number

Vapour pressure, summer period (3)

Distillation:

(cid:151) percentage evaporated at 100 (cid:176)C

(cid:151) percentage evaporated at 150 (cid:176)C

Hydrocarbon analysis:

(cid:151) olefins

(cid:151) aromatics

(cid:151) benzene

Oxygen content

Oxygenates

(cid:151) Methanol (stabilising agents must be added)

(cid:151) Ethanol (stabilising agents may be necessary)

(cid:151) Iso-propyl alcohol

(cid:151) Tert-butyl alcohol

(cid:151) Iso-butyl alcohol

(cid:151) Ethers containing 5 or more carbon atoms per molecule

(cid:151) Other oxygenates (5)

Sulphur content

Lead content

95

85

(cid:151)

46,0

75,0

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

60,0 (4)

(cid:151)

(cid:151)

18,0

35,0

1,0

2,7

3

5

10

7

10

15

10

50

10 (6)

0,005

kPa

% v/v

% v/v

% v/v

% v/v

% v/v

% m/m

% v/v

% v/v

% v/v

% v/v

% v/v

% v/v

% v/v

mg/kg

mg/kg

g/l

(1) Test methods shall be those specified in EN 228. Any change to a test method in EN 228 shall only be binding on the Member States
if the new method gives at least the same accuracy and at least the same level of precision as the test method it replaces.
(2) The values quoted in the specification are (cid:147)true values(cid:148). In the establishment of their limit values the terms of ISO 4259 (cid:147)Petroleum
products (cid:151) Determination and application of precision data in relation to methods of test(cid:148) have been applied and in fixing a
minimum value, a minimum difference of 2 R above zero has been taken into account (R = reproducibility). The results of individual
measurements shall be interpreted on the basis of the criteria described in ISO 4259 (published in 1995).

(3) The summer period shall begin no later than 1 May and shall not end before 30 September. For Member States with arctic conditions

the summer period shall begin no later than 1 June and shall not end before 31 August.

(4) For Member States with arctic conditions the vapour pressure shall not exceed 70 kPa during the summer period.
(5) Other mono-alcohols and ethers with a final boiling point no higher than that stated in EN 228.
(6) In accordance with Article 3.2, by no later than 1 January 2005 unleaded petrol with a maximum sulphur content of 10 mg/kg must
be marketed and be available on a broad geographic basis within the territory of a Member State. By 1 January 2011 all unleaded
petrol marketed in the territory of a Member State must have a sulphur content of less than 10 mg/kg.

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Official Journal of the European Communities

31.7.2001

ENVIRONMENTAL SPECIFICATIONS FOR MARKET FUELS TO BE USED FOR VEHICLES EQUIPPED WITH
COMPRESSION IGNITION ENGINES

ANNEX IV

Type: Diesel fuel

Cetane number

Density at 15 (cid:176)C

Distillation:

Parameter (1)

(cid:151) 95 % (v/v) recovered at

Polycyclic Aromatic Hydrocarbons

Sulphur content

Unit

kg/m3

(cid:176)C

% m/m

mg/kg

mg/kg

Limits (2)

Minimum

Maximum

51,0

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

845

360

11

50

10 (3)

(1) Test methods shall be those specified in EN 590. Any change to a test method in EN 590 shall only be binding on the Member States
if the new method gives at least the same accuracy and at least the same level of precision as the test method it replaces.
(2) The values quoted in the specification are (cid:147)true values(cid:148). In the establishment of their limit values the terms of ISO 4259 (cid:147)Petroleum
products (cid:151) Determination and application of precision data in relation to methods of test(cid:148) have been applied and in fixing a
minimum value, a minimum difference of 2 R above zero has been taken into account (R = reproducibility). The results of individual
measurements shall be interpreted on the basis of the criteria described in ISO 4259 (published in 1995).

(3) In accordance with Article 4.1, by no later than 1 January 2005 diesel fuel with a maximum sulphur content of 10 mg/kg must be
marketed and be available on a broad geographic basis within the territory of a Member State. In addition, and subject to the review
in Article 9.1, by 1 January 2011 all diesel fuel marketed in the territory of a Member State must have a sulphur content of less than
10 mg/kg.(cid:146)