Common Position (EC) No 37/2002 of 15 April 2002 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council amending Directive 98/70/EC relating to the quality of petrol and diesel fuels (Text with EEA relevance)
Date: 2002-04-15
Institutions: Council of the European Union
Subjects: air quality, diesel fuel, environmental protection, motor fuel, motor vehicle, petrol, product quality

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COMMON POSITION (EC) No 37/2002

adopted by the Council on 15 April 2002

with a view to adopting Directive 2002/. . ./EC of the European Parliament and of the Council of
. . . amending Directive 98/70/EC relating to the quality of petrol and diesel fuels

(2002/C 145 E/04)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

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

Having regard to the proposal from the Commission (1),

(5) The adverse effect of sulphur in petrol and diesel fuels on
the effectiveness of catalytic exhaust gas after-treatment
technologies is well established for on-road vehicles and
increasingly in the case of non-road mobile machinery.

Having regard to the opinion of the Economic and Social
Committee (2),

After consultation of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

(1) Directive 98/70/EC (4) lays down the environmental spec-

ifications for market fuels.

to attain the emissions limits

(6) Road vehicles are increasingly reliant on catalytic after-
laid
treatment devices
down in Council Directive 70/220/EEC of 20 March
1970 on the approximation of the laws of the Member
States on measures to be taken against air pollution by
emissions from motor vehicles (5) and Council Directive
88/77/EEC of 3 December 1987 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 compression ignition engines for use in
vehicles, and the emission of gaseous pollutants from
positive ignition engines
fuelled with natural gas or
liquefied petroleum gas for use in vehicles (6). Accordingly
a reduction in the sulphur content of petrol and diesel
fuels
impact on exhaust
emissions than changes to the other fuel parameters.

likely to have a larger

is

(2) Article 95 of

the Treaty provides

that Commission
proposals having as their object the establishment and
functioning of the internal market and concerning,
inter
alia, health and environmental protection, will take as a
base a high level of protection and that the European
Parliament and the Council will also seek to achieve this
objective.

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

(1) OJ C 213 E, 31.7.2001, p. 255.
(2) OJ C 36, 8.2.2002, p. 115.
(3) Opinion of the European Parliament of 29 November 2001 (not yet
published in the Official
Journal), Council Common Position of
15 April 2002 and Decision of the European Parliament of . . .
(not yet published in the Official Journal).

(7) The introduction of

fuels with a maximum sulphur
improve the fuel efficiency
content of 10 mg/kg will
attainable with new, emerging vehicle technologies and
should be examined in the case of non-road mobile
machinery and should lead to significant reductions in
emissions of conventional air pollutants when used in
existing vehicles. These benefits will compensate for the
the
associated with
increased
of CO2
production of lower sulphur petrol and diesel fuels.

emissions

(8) It is therefore appropriate to lay down measures ensuring
the introduction and availability of fuels with a maximum
regard fiscal
sulphur content of 10 mg/kg.
incentives
in
effective
promoting the early introduction of higher quality fuels
according to national needs and priorities and to shorten
the transition period where two different qualities are
distributed in the market.

In this
be

shown to

been

have

(5) OJ L 76, 6.4.1970, p. 1. Directive as last amended by Directive
2001/100/EC of the European Parliament and of the Council (OJ L
16, 18.1.2002, p. 32).

(4) OJ L 350, 28.12.1998, p. 58. Directive as last amended by
Commission Directive 2000/71/EC (OJ L 287, 14.11.2000, p. 46).

(6) OJ L 36, 9.2.1988, p. 33. Directive as last amended by Commission

Directive 2001/27/EC (OJ L 107, 18.4.2001, p. 10).

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(9) The widespread availability of

to make

automobile manufacturers

fuels with a maximum
sulphur content of 10 mg/kg will provide a basis for
the
significant
additional progress towards improving the fuel efficiency
of new vehicles. The potential contribution of fuels with a
maximum sulphur content of 10 mg/kg towards the
attainment of the Community's target of 120 g/km for
the average CO2 emissions of the new car fleet will be
assessed when the current environmental commitments
with the automobile manufacturers are reviewed in 2003.

(10) It is necessary to ensure that sufficient quantities of petrol
and diesel
fuels with a maximum sulphur content of
10 mg/kg are available from 1 January 2005 on an
appropriate geographic basis in order to permit the free
circulation of new vehicles requiring these fuels whilst
ensuring that CO2
from new
vehicles outweigh those additional emissions associated
with the production of these fuels.

reductions

emissions

(11) The complete penetration of petrol and diesel fuels with a
maximum sulphur content of 10 mg/kg should be
provided for from 1 January 2009 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 petrol and diesel fuels
with a maximum sulphur content of 10 mg/kg from
1 January 2009 will reduce emissions of conventional
pollutants from the existing fleet of vehicles leading to
an improvement
in air quality, whilst ensuring that
there is no overall increase in greenhouse gas emissions.
In this context it will be necessary to confirm this date in
the case of diesel fuels no later than 31 December 2005.

(12) In order to protect human health and/or the environment
in specific agglomerations or in specific ecologically or
environmentally sensitive areas with special pollution
problems, Member States should be permitted, subject
to a procedure established in this Directive, to require
that fuels may be marketed only if they comply with
more stringent environmental specifications, related to
pollutants of
this
Directive. This procedure is a derogation from the
information procedure laid down in Directive 98/34/EC
of the European Parliament and of the Council of 22 June
1998 laying down a procedure for the provision of
information in the field of technical standards and regu-
lations and of rules on information society services (1).

than established under

concern,

relating to measures against

16 December 1997 on the approximation of the laws of
the
the Member States
emission of gaseous and particulate pollutants
from
internal combustion engines to be installed in non-road
mobile machinery (2) and in Directive 2000/25/EC of the
European Parliament and of the Council of 22 May 2000
on action to be taken against the emission of gaseous and
particulate pollutants by engines intended to power agri-
cultural or
forestry tractors and amending Council
Directive 74/150/EEC (3). Attainment of these emissions
limits will become increasingly dependent on the quality
the gas oils used by these engines and so it
of
is
important
in
such fuels
Directive 98/70/EC.

to include a definition for

(14) It is appropriate to provide for a uniform system of fuel
quality monitoring or national systems that ensure results
of equivalent confidence and for systems of reporting in
order to assess compliance with the mandated environ-
mental fuel quality specifications.

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

(16) The measures necessary for

implementation of
Directive 98/70/EC should be adopted in accordance
with Council Decision 1999/468/EC of 28 June 1999
laying down procedures for the exercise of implementing
powers conferred upon the Commission (4).

the

(17) 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-
mental objectives, such as the need to encourage alter-
native fuels, including biofuels, the development of new
technologies and the impact of
pollution abatement
metallic additives and other
issues on their
performance and to confirm, or otherwise, the date for
full introduction of diesel fuels with a maximum sulphur
content of 10 mg/kg in order to ensure that there is no
overall increase in emissions of greenhouse gases.

relevant

(13) The emissions from engines installed in non-road mobile
machinery and agricultural and forestry tractors must
comply with the limits stipulated in Directive 97/68/EC
the Council of
of

the European Parliament and of

(18) A comprehensive review of alternative fuels,

including
bio-fuels, should be undertaken, including the discussion
of the need for specific legislation.

(2) OJ L 59, 27.2.1998, p. 1. Directive as amended by Commission

Directive 2001/63/EC (OJ L 227, 23.8.2001, p. 41).

(1) OJ L 204, 21.7.1998, p. 37. Directive as amended by Directive

98/48/EC (OJ L 217, 5.8.1998, p. 18).

(3) OJ L 173, 12.7.2000, p. 1.
(4) OJ L 184, 17.7.1999, p. 23.

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(19) The Member States should lay down rules on penalties
applicable to infringements of the provisions of Directive
98/70/EC and ensure that they are implemented.

(20) Directive

98/70/EC should

therefore

be

amended

accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 98/70/EC is hereby amended as follows:

1. Article 2 shall be replaced by the following:

‘Article 2

Definitions

For the purposes of this Directive:

1. “petrol” means any volatile mineral oil intended for the
combustion positive-ignition
the propulsion of vehicles and falling
2710 11 45,

operation of
engines
within
2710 11 49, 2710 11 51 and 2710 11 59 (*);

2710 11 41,

for
CN

internal

codes

2. “diesel fuels” means gas oils falling within CN codes
2710 19 41 (*) and used for self-propelling vehicles as
referred to in Directive 70/220/EEC and Directive
88/77/EEC;

intended for use by non-road mobile
3. “gas oils
machinery
tractors”
and agricultural
means any petroleum-derived liquid, falling within CN
codes 2710 19 41 and 2710 19 45 (*), intended for use
in engines referred to in Directives 97/68/EC (**), and
2000/25/EC (***);

and forestry

4. “Outermost Regions” means France with regard to the
French Overseas Departments, Portugal with regard to
the Azores and Madeira and Spain with regard to the
Canary Islands.

For Member States with arctic or severe winter conditions
the maximum distillation point of 65 % at 250 °C for
diesel
replaced with a
maximum distillation point of 10 % (vol/vol) at 180 °C.

fuels and gas oils may be

___________

(*) The numbering of these CN codes as specified in the
Common Customs Tariff as amended by Commission
Regulation (EC) No 2031/2001 (OJ
L 279,
23.10.2001, p. 1).

(**) OJ L 59, 27.2.1998, p. 1. Directive as amended by
Commission Directive 2001/63/EC (OJ L 227,
23.8.2001, p. 41).

(***) OJ L 173, 12.7.2000, p. 1.’

2. In Article 3(2) the following subparagraphs shall be added:

‘(d) Without prejudice to the provisions of subparagraph
(c), Member States shall take all measures necessary to
ensure that in due time and no later than 1 January
2005, unleaded petrol with a maximum sulphur
content of 10 mg/kg is marketed within their terri-
tories. Member States shall ensure that such unleaded
petrol is available on an appropriate geographic basis
and complies in all other respects with the specifi-
cations in Annex III.

However, Member States may,
the Outermost
Regions, make specific provisions for the introduction
of petrol of a maximum sulphur content of 10 mg/kg.
Member States making use of
this provision will
inform the Commission accordingly.

for

(e) By no later than 1 January 2009, Member States shall
ensure that unleaded petrol can be marketed in their
territory only if it complies with the environmental
specification set out
the
sulphur content which shall be a maximum of
10 mg/kg.’

in Annex III except

for

3. In Article 4:

(a) the

following

subparagraphs

shall be

added to

paragraph 1:

‘(d) Without

to

the

prejudice

provisions

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

However, Member States may, for the Outermost
Regions, make specific provisions for the intro-
duction of diesel
fuel of a maximum sulphur
content of 10 mg/kg. Member States making use
of
inform the Commission
accordingly.

this provision will

(e) By no later than 1 January 2009, Member States
shall ensure, subject to the provisions of Article
9(1)(a), that diesel fuel can be marketed in their
territory only if it complies with the environmental
specification set out in Annex IV except for the
sulphur content which shall be a maximum of
10 mg/kg.’;

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(b) The following new paragraph shall be added:

relevant European Standard. The use of an alternative fuel
quality monitoring system may be permitted provided that
such a system ensures results of equivalent confidence.

‘5. Member States shall ensure that gas oils intended
for use by non-road mobile machinery and agricultural
and forestry tractors marketed within their territory
contain less
sulphur. By
than 2 000 mg/kg of
1 January 2008 at the latest the maximum permissible
intended for use by
sulphur content of gas oils
and
non-road mobile machinery and agricultural
forestry tractors
shall be 1 000 mg/kg. However,
Member States may require a lower limit or the same
sulphur content
stipulated in this
Directive.’

for diesel

fuels

4. In Article 6:

(a) paragraph 1 shall be replaced by the following:

‘1.
By way of derogation from Articles 3, 4 and 5
and in accordance with Article 95(10) of the Treaty, a
Member State may take measures to require that in
specific areas, within its territory, fuels may only be
marketed if they comply with more stringent environ-
mental specifications than those provided for in this
Directive for all or part of the vehicle fleet with a
view to protecting the health of the population in a
specific agglomeration or the environment in a specific
ecologically or environmentally sensitive area in that
Member State,
atmospheric or ground water
pollution constitutes or may reasonably be expected
to constitute a serious and recurrent problem for
human health or the environment.’;

if

3.
Each year by 30 June the Member States shall submit
a report of national fuel quality data for the preceding
calendar year. The first
report shall be submitted by
30 June 2002. From 1 January 2004 the format for this
report shall be consistent with that described in the
relevant European standard.
In addition, Member States
shall report the total volumes of petrol and diesel fuels
marketed in their territories and the volumes of unleaded
petrol and diesel fuels marketed with a maximum sulphur
content of 10 mg/kg. Furthermore,
the Member States
shall report annually on the availability on an appropriate
fuels with a
geographic basis of petrol and diesel
maximum sulphur
are
that
marketed within their territory.

content of 10 mg/kg

4.
The Commission shall ensure that the information
to paragraph 3 is promptly made
submitted pursuant
available by appropriate means. The Commission shall
publish annually, and for the first time by 31 December
2003, a report on actual
fuel quality in the different
Member States and geographic coverage of fuels with a
aiming to
maximum sulphur
provide an overview of
the fuels quality data in the
different Member States.’

content of 10 mg/kg,

6. Article 9 shall be replaced by the following:

(b) paragraph 3 shall be replaced by the following:

‘Article 9

‘3.
The Member States involved shall provide the
Commission with relevant environmental data for the
agglomeration or area in question as well as the
predicted effects on the environment of the measures
proposed.’;

(c) paragraphs 7 and 8 shall be deleted.

5. Article 8 shall be replaced by the following:

‘Article 8

Monitoring compliance and reporting

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 Standards EN 228:1999 and EN
590:1999 respectively.

Review process

By 31 December 2005 at the latest the Commission
1.
shall review the fuel specifications of Annexes III and IV
with the exception of
sulphur content and propose
amendments, if appropriate, in keeping with current and
future requirements of Community vehicle emission and
air quality legislation and related objectives. In particular,
the Commission shall consider:

(a) the necessity of any change to the end date for the full
introduction of diesel fuel, with a maximum sulphur
content of 10 mg/kg, in order to ensure that there is
no overall increase in greenhouse gas emissions. This
in refinery
analysis
processing
economy
improvements of vehicles and the rate that new fuel-
efficient technologies are introduced into the vehicle
fleet;

consider developments

technologies,

expected

shall

fuel

2. Member States shall establish a fuel quality moni-
toring system in accordance with the requirements of the

(b) the implications of new Community legislation setting
air quality standards for substances such as polycyclic
aromatic hydrocarbons;

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(c) the outcome of the review described in Article 10 of
Council Directive 1999/30/EC of 22 April 1999
relating to limit values for sulphur dioxide, nitrogen
dioxide and oxides of nitrogen, particulate matter and
lead in ambient air (*);

(d) the outcome of the review of the various commitments
by the Japanese (**), Korean (***) and European (****)
fuel
automobile manufacturers
consumption and carbon dioxide emissions of new
passenger cars in the light of the fuel quality changes
introduced by this Directive and progress towards the
Community target of 120 g/km CO2 emissions for the
average vehicle;

reduce

the

to

(e) the outcome of the review required by Article 7 of
the European Parliament
Directive 1999/96/EC of
the Council of 13 December 1999 on the
and of
approximation of
the Member States
the laws of
relating to measures to be taken against the emission
of gaseous and particulate pollutants from compression
ignition engines for use in vehicles, and the emission of
ignition engines
from positive
gaseous pollutants
fuelled with natural gas or liquefied petroleum gas
for use in vehicles and amending Council Directive
88/77/EEC (*****)
the
the
mandatory NOx emission standard for heavy duty
engines;

confirmation

and

of

(f)

the effective functioning of new pollution abatement
technologies and the impact of metallic additives and
other relevant issues on their performance and devel-
opments affecting international fuel markets;

(g) the need to change other parameters in the fuel spec-
ifications as well as the need to encourage the intro-
duction of alternative fuels, including biofuels.

stage of

the Commission shall

emission
2. When considering the next
standards for compression ignition engines in non-road
applications,
in parallel establish
the required fuel quality.
In so doing, the Commission
shall take into account the importance of the emissions
from this sector, the overall environmental benefits, the
implications
fuel
distribution and the costs and benefits of a more restrictive
sulphur level than is currently required for fuel used in
compression ignition engines in non-road applications,
including the same maximum sulphur level specified in
this Directive for road vehicles.

in the Member

regarding

States

In addition to the provisions of paragraph 1 the

3.
Commission may, inter alia, bring forward:

— proposals

taking into consideration the particular
situation of captive fleets and the need to propose
levels of specifications for the special fuels they use,

___________

(*) OJ L 163, 29.6.1999, p. 41. Directive as amended
by Commission Decision 2001/744/EC (OJ L 278,
23.10.2001, p. 35).

(**) OJ L 100, 20.4.2000, p. 57.
(***) OJ L 100, 20.4.2000, p. 55.
(****) OJ L 40, 13.2.1999, p. 49.
(*****) OJ L 44, 16.2.2000, p. 1.’

7. The following Article shall be inserted:

‘Article 9a

Penalties

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.’

8. The first subparagraph of Article 10 shall be replaced by

the following:

‘The measurement methods to be applied in relation to the
parameters specified in Annexes I and III shall be those
analytical methods set out
in European Standard EN
228:1999. The measurement methods to be applied in
relation to the parameters specified in Annexes II and IV
in European
shall be those analytical methods set out
Standard EN 590:1999. Member States may adopt
the
analytical methods specified in replacement EN 228:1999
or EN 590:1999 standards, as appropriate if they can be
shown to give at least the same accuracy and at least the
same level of precision as the analytical methods they
the permitted
replace.
analytical methods
is necessary,
amendments may be adopted by the Commission in
accordance with the procedure referred to in Article 11(2).’

that adaptation of
to technical progress

In the event

9. Article 11 shall be replaced by the following:

‘Article 11

Committee procedure

1.
The Commission shall be assisted by the Committee
established in accordance with Article 12 of Directive
96/62/EC (*).

2. Where reference is made to this paragraph Articles 5
and 7 of Council Decision 1999/468/EC of 28 June 1999
laying down procedures for the exercise of implementing
powers conferred upon the Commission (**) shall apply,
having regard to the provisions of Article 8 thereof.

— proposals setting levels of specifications applicable to

liquid petroleum gas, natural gas and biofuels.

The period laid down in Article 5(6) of Decision
1999/468/EC shall be set at three months.

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The Committee shall adopt its rules of procedure.

3.
___________
(*) OJ L 296, 21.11.1996, p. 55.
(**) OJ L 184, 17.7.1999, p. 23.’

reference on the occasion of their official publication. The
methods of making such a reference shall be laid down by
the Member States.

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

this Directive.

This Directive shall enter into force on the day of its publi-
cation in the Official Journal of the European Communities.

Article 3

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.

Article 4

This Directive is addressed to the Member States.

Member States shall apply these measures from 1 January
2004.

Done at . . .

When Member States adopt these measures, they shall contain
a reference to this Directive or be accompanied by such a

For the European Parliament

The President

For the Council

The President

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ANNEX

‘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:

— percentage evaporated at 100 °C

— percentage evaporated at 150 °C

Hydrocarbon analysis:

— olefins

— aromatics

— benzene

Oxygen content

Oxygenates

— methanol (stabilising agents must be added)

— ethanol (stabilising agents may be necessary)

— iso-propyl alcohol

— tert-butyl alcohol

— iso-butyl alcohol

— ethers containing five or more carbon atoms per molecule

— other oxygenates (7)

Sulphur content

Lead content

95 (3)

85

—

46,0

75,0

—

—

—

—

—

—

—

—

—

—

—

—

—

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

—

—

60,0 (5)

—

—

18,0 (6)

42,0

1,0

2,7

3

5

10

7

10

15

10

150

0,005

(1) Test methods shall be those specified in EN 228:1999. Member States may adopt the analytical method specified in replacement EN
228:1999 standard if it can be shown to give at least the same accuracy and at least the same level of precision as the analytical
method it replaces.

(2) The values quoted in the specification are “true values”. In the establishment of their limit values the terms of ISO 4259 “Petroleum
products — determination and application of precision data in relation to methods of test” have been applied and in fixing a
minimum value, a minimum difference of 2R 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 or severe

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

(5) For Member States with arctic or severe winter 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 228:1999.

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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 °C

Distillation:

— 95 % (v/v) recovered at

Polycyclic aromatic hydrocarbons

Sulphur content

Parameter (1)

Unit

Limits (2)

Minimum

Maximum

kg/m3

°C

% m/m

mg/kg

51,0

—

—

—

—

—

845

360

11

350

(1) Test methods shall be those specified in EN 590:1999. Member States may adopt the analytical method specified in replacement EN
590:1999 standard if it can be shown to give at least the same accuracy and at least the same level of precision as the analytical
method it replaces.

(2) The values quoted in the specification are “true values”. In the establishment of their limit values the terms of ISO 4259 “Petroleum
products — determination and application of precision data in relation to methods of test” have been applied and in fixing a
minimum value, a minimum difference of 2R 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).

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ANNEX III

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:

— percentage evaporated at 100 °C

— percentage evaporated at 150 °C

Hydrocarbon analysis:

— olefins

— aromatics

— benzene

Oxygen content

Oxygenates

— Methanol (stabilising agents must be added)

— Ethanol (stabilising agents may be necessary)

— Iso-propyl alcohol

— Tert-butyl alcohol

— Iso-butyl alcohol

— Ethers containing 5 or more carbon atoms per molecule

— Other oxygenates (6)

Sulphur content

Lead content

95 (3)

85

—

46,0

75,0

—

—

—

—

—

—

—

—

—

—

—

—

—

—

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

—

—

60,0 (5)

—

—

18,0

35,0

1,0

2,7

3

5

10

7

10

15

10

50

10 (7)

0,005

(1) Test methods shall be those specified in EN 228:1999. Member States may adopt the analytical method specified in replacement EN
228:1999 standard if it can be shown to give at least the same accuracy and at least the same level of precision as the analytical
method it replaces.

(2) The values quoted in the specification are “true values”. In the establishment of their limit values the terms of ISO 4259 “Petroleum
products — determination and application of precision data in relation to methods of test” have been applied and in fixing a
minimum value, a minimum difference of 2R 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) Member States may decide to continue to permit the marketing of unleaded regular grade petrol 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 or severe

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

(5) For Member States with arctic or severe winter conditions the vapour pressure shall not exceed 70 kPa during the summer period.
(6) Other mono-alcohols and ethers with a final boiling point no higher than that stated in EN 228:1999.
(7) 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 an appropriate geographic basis within the territory of a Member State. By 1 January 2009 all
unleaded petrol marketed in the territory of a Member State must have a maximum sulphur content of 10 mg/kg.

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

ANNEX IV

Parameter (1)

Unit

Limits (2)

Minimum

Maximum

Type: Diesel fuel

Cetane number

Density at 15 °C

Distillation:

— 95 % (v/v) recovered at

Polycyclic aromatic hydrocarbons

Sulphur content

kg/m3

°C

% m/m

mg/kg

mg/kg

51,0

—

—

—

—

—

—

845

360

11

50

10 (3)

(1) Test methods shall be those specified in EN 590:1999. Member States may adopt the analytical method specified in replacement EN
590:1999 standard, if it can be shown to give at least the same accuracy and at least the same level of precision as the analytical
method it replaces.

(2) The values quoted in the specification are “true values”. In the establishment of their limit values the terms of ISO 4259 “Petroleum
products — determination and application of precision data in relation to methods of test” have been applied and in fixing a
minimum value, a minimum difference of 2R 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 an appropriate geographic basis within the territory of a Member State. In addition, and subject to the
review in Article 9(1), by 1 January 2009 all diesel fuel marketed in the territory of a Member State must have a maximum sulphur
content of 10 mg/kg.’

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 11 May 2001, the Commission presented to the Council its proposal for a Directive of the
European Parliament and of the Council amending Directive 98/70/EC relating to the quality of
petrol and diesel fuels.

2. The European Parliament gave its opinion on 29 November 2001.

The Economic and Social Committee adopted its opinion on 18 October 2001.

3. On 15 April 2002, the Council adopted its Common Position in accordance with Article 251(2) of

the Treaty.

II. OBJECTIVE

The proposal introduces the requirement to introduce petrol and diesel fuels with a maximum sulphur
content of 10 mg/kg into the market place, on a balanced geographic basis by 1 January 2005, and it
makes this limit compulsory by a specified end date (1 January 2011 in the proposal). This final date
for diesel fuels is subject to review.

The proposal also clarifies the situation regarding the currently permissible sulphur content for diesel
used in non-road mobile machinery but introduces no new provisions. It also proposes minor changes
to the provisions on technical adaptation and alignment with a pending European standard on fuel
quality monitoring. No changes to the non-sulphur parameters have been proposed.

III. ANALYSIS OF THE COMMON POSITION

1. General

The main issues are:

— the final date after which the maximum sulphur content of all petrol and diesel sold must be
limited to 10 mg/kg: the Commission proposed 1 January 2011, Parliament proposed 1 January
2008 and the Council agreed on 1 January 2009. In relation to the availability of this fuel by
1 January 2005 the Council agreed that this should be on an ‘appropriate’ geographic basis,
rather than ‘balanced’ as in the Commission proposal,

— non-road mobile machinery:

the Commission did not propose changing this, Parliament
suggested the same requirements should apply from 1 January 2005 and the Council have
requested that the Commission come forward with proposals in relation to fuel quality for
non-road mobile machinery; however, Member States may now apply more stringent
standards for sulphur content if they so wish,

— more stringent environmental specifications for petrol and diesel than those set down in the
directive when they are justified by local environmental conditions. The Council extended the
current provision in Directive 98/70/EC, whereby a Member State may seek permission to have
more stringent environmental specifications for petrol and/or diesel in specific areas within its
territory for air quality reasons, to include risks to groundwater pollution.

The Commission has accepted the Common Position agreed by the Council.

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2. European Parliament amendments

In its plenary vote on 29 November 2001, Parliament adopted 36 amendments to the proposal.
Seventeen of these have already been incorporated (seven to the Articles and 10 to the recitals),
either verbatim, in part or in spirit, into the Council's Common Position.

(a) The 19 amendments which have not been incorporated can be grouped as follows:

Fiscal incentives (amendments 10, 19 and 27): Parliament proposed that Member States should
have an automatic right to promote the early introduction of petrol and diesel with a maximum
sulphur content of 10 mg/kg through the use of fiscal incentives. This was not accepted by the
Council due to incompatibility with the legal basis for this proposal and existing provisions in
Community legislation.

Derogations (amendments 20, 21, 24, 25): Parliament proposed to delete the possibility for a
Member State to seek derogation from the obligation to market petrol and diesel with a sulphur
content less than 50 parts per million from 1 January 2005 for up to two years. This was not
accepted.

Definition of balanced geographic basis (amendments 42/45 and 43/46): Parliament proposed
that the Commission should identify, via a comitology procedure, criteria to determine what
would constitute availability of 10 mg/kg petrol and diesel on a balanced geographic basis
during the introductory phase. The Council felt that the divergence of local circumstances
would mitigate against the development of such common criteria.

Non-road mobile machinery (amendments 3, 12, 26 and 37): Parliament proposed that diesel
used in non-road mobile machinery should meet the same environmental specifications as
on-road diesel from 1 January 2005. The Council did not however accept these amendments,
it did invite the Commission in Article 1(5)(b) to establish the necessary specifications required
for diesel when considering the next stage of emission standards for compression ignition
engines used in non-road mobile machinery.

Final date (amendments 5, 11, 15, 18, 23 and 32): Parliament suggested advancing the final date
after which all petrol and diesel sold must comply with a 10 mg/kg maximum sulphur content
to 1 January 2008, eliminating the possibility for the Commission to confirm the final date in
the case of diesel and providing for the possibility of derogation due to socioeconomic
considerations, these amendments are not reflected in the Common Position. The Council did
however agree to advance the final date to 1 January 2009 but maintained the possibility for the
Commission to confirm the date for diesel no later than 31 December 2005.

(b) The 17 amendments, which Council has incorporated into its Common Position, can be

grouped as follows:

Reporting (amendments 29 and, in principle 28): The Commission agreed to make available the
information requested in the new paragraph introduced by amendment 29 (Article 8(4)); and
amendment 28 makes small changes to the wording of the reporting requirement (Article 8(3))
made on Member States. Most of these changes were incorporated into the Common Position.

Dates (amendment 30): The earlier review date, suggested in this amendment
implementation of the proposal
accepted verbatim,
earlier than proposed by the Commission.

for the full
in relation to diesel fuel, of 31 December 2005 has been
this fits with the Council's decision to make the end date two years

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91 RON petrol (amendment 35): This amendment permits the continued sale of 91 RON petrol
and was included as part of the Common Position.

in part, 47): The review clause (Article 9) agreed in the
Review clause (amendments 48 and,
Common Position includes a requirement to consider the need to change other fuel parameters,
and to encourage the introduction of alternative fuels, including biofuels (this covers amendment
48, in principle). The review also requires the Commission to consider the ‘impact of metallic
additives and other relevant issues on the performance’ of abatement technologies (this covers
part of amendment 47, in principle).

Strengthening voluntary agreements (amendment 34, in principle): The spirit of this amendment
has been incorporated to Article 9(1)(d) with two minor changes to the wording.

Recitals (amendments 1, 2, 4 (in part), 6, 7, 8, 9, 13, 16 and 44): These amendments have been
incorporated into the recitals of the Common Position, they deal with:

amendment 1: highlighting the importance of the sulphur content of fuels in both on-road
vehicles and non-road mobile machinery (recital 5);

amendment 2: more accurate reference to Directive title (recital 6);

amendment 4: emphasises the effect that lower sulphur content will have on CO2 emissions in
on-road vehicles (recital 7), the part on non-road mobile machinery does not appear in the
Common Position;

amendment 6: highlights role that fiscal incentives can play (recital 8);

amendment 7: stresses the need to take account of move towards petrol and diesel with a
maximum sulphur content of 10 mg/kg in the review in 2003 of the voluntary agreements
with the major auto manufacturers to reduce CO2 emissions from vehicles (recital 9);

amendment 8: is in part reflected in recital 10 to the extent that it improves the text referring to
the maximum sulphur content. However,
the amendment referring to the
mandatory availability of all grades of petrol with a maximum sulphur content of 10 mg/kg
is not reflected in the Common Position;

that part of

amendment 9: introduces a new recital pointing to the need to allow the continued marketing
of regular unleaded petrol, this is reflected by the provision in footnote 3 of Annexes I and III;

amendment 13: is in principle reflected in recital 14 in that the fuel quality monitoring systems
foreseen will achieve the same objective sought by the amendment;

amendments 16 and 44: point to the need for further evaluation of alternative fuels, bio-fuels
and of the impact of a number of issues, including the use of metallic additives in relation to
abatement equipment which are both reflected in recital 17.

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3. Most important innovations introduced by the Council

The most important innovation, which is also a move towards Parliament's position (in amendments
5, 11, 15, 18, 23 and 32), is the change to the end date for full market availability of the petrol and
diesel fuels with a maximum sulphur content of 10 mg/kg. The date proposed by the Commission
was 1 January 2011, this has been brought forward in the Common Position to 1 January 2009
(Parliament suggested 1 January 2008). Given the earlier end date, Parliament's amendment to bring
forward the review date in relation to diesel fuels, from 31 December 2006 to 31 December 2005
was incorporated into the Common Position.

The Commission's proposal made no change to the fuel requirements for non-road mobile
machinery. The Council considered this issue very carefully and amended the proposal to require
that the Commission come forward with a proposal in relation to fuel quality for non-road mobile
machinery when considering the next stage of emission standards for compression ignition engines.

The Council also decided to extend a previous provision in Article 6 of Directive 98/70/EC, which
currently allows Member States, subject
to require the
marketing of fuel with more stringent environmental specifications in certain parts of a Member
State for reasons of atmospheric pollution, to include reasons related to groundwater pollution.

to a Community control procedure,

IV. CONCLUSION

The Council considers that its Common Position takes account of the opinion of the European
in first reading to a large extent. The Council's Common Position has moved the
Parliament
Commission's proposal towards Parliament's opinion in relation to most of the amendments which
were not accepted. It represents a balanced solution for the amended Directive, which ensures the
environmental benefit to be derived from the new limits while also making requirements on the
industry which are practically feasible.