Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council amending Directive 98/70/EC on the quality of petrol and diesel fuels. amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2002-10-31
Institutions: European Commission
Subjects: diesel fuel, environmental protection, motor fuel, petrol, product quality

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 31.10.2002
COM(2002) 604 final

2001/0107 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending Directive 98/70/EC on the quality of petrol and diesel fuels.

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250 (2) of the EC Treaty

2001/0107 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending Directive 98/70/EC on the quality of petrol and diesel fuels

1.

BACKGROUND

The proposal for a European Parliament and Council Directive on the quality of
petrol and diesel fuels and amending Directive 98/70/EC (COM (2001) 241 final
2001/0107 COD) was adopted by the Commission on 11 May 2001 and published in
the Official Journal C 213E of 31 July 2001.

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

The Committee of Regions did not give an Opinion.

The European Parliament gave its Opinion (First Reading) on 29 November 2001.

The Council reached political agreement on 13 December 2001 and formally adopted
its Common Position on 15 April 2002.

The European Parliament gave its Opinion (Second Reading) on 26 September 2002.

This opinion sets out
amendments in accordance with Article 251 (2)(c) of the EC Treaty.

the Commission's position on the European Parliament's

2.

AIM OF COMMISSION PROPOSAL

The proposal required Member States to introduce petrol and diesel with a maximum
sulphur content of 10 parts per million (mg/kg) into the marketplace on a balanced
geographic basis no later than 1 Jan 2005. It also proposed that all petrol and diesel
sold in the Community after 1 Jan 2011 be subject to a maximum sulphur content of
10 mg/kg with the date for diesel subject to confirmation in a review to be completed
no later than 31 Dec 2006. The Council in its Common Position advanced the final
date for petrol and diesel to 1 January 2009 and the date of the review to confirm the
final date in the case of diesel until 31 December 2005.

2

3.

COMMISSION'S OPINION ON THE AMENDMENTS PROPOSED BY THE PARLIAMENT

3.1.

Summary of the Commission's position

The European Parliament adopted 7 of the 13 amendments tabled at its Plenary
Session on 26 September 2002. 2 amendments can be accepted by the Commission
in full (amendments 4 and 7) and 1 amendment can been accepted in principle
(amendment 12). The remaining 4 amendments (amendments 1, 3, 10, 13) cannot be
accepted.

3.2.

Parliament's amendments on second reading

3.2.1.

Amendments accepted

The Commission can accept amendments 4 and 7 that require the Commission, in the
case of petrol and diesel respectively, to develop criteria for geographic availability
of 10 mg/kg fuels during the introductory period in accordance with a comitology
procedure.

3.2.2.

Amendments accepted in principle

The Commission can accept Amendment 12 in principle relating to the need to
consider the implications of bio-fuel blending and for example its impact on the
volatility of petrol in the next review of the directive. In this context and as a result
of its review the Commission can request that the relevant CEN standards for petrol
and diesel are amended if necessary. However, the Commission cannot change such
standards itself.

3.2.3.

Amendments not accepted

Amendments 3, 10 and 13 relate to Parliament’s view that the sulphur content of
diesel used in compression ignition engines in non- road mobile machinery (tractors,
excavators etc.) should be aligned with that used in on-road applications. Specifically
amendment 10 requires that diesel used in off road applications should be subject to
a maximum sulphur specification of 350 mg/kg from 1 Jan 2005 and that the sulphur
content should be the same as that specified for road diesel from 1 Jan 2009.

The Commission does not accept this view as the work on the next stage of emission
standards for compression ignition engines used in non-road applications is not
finalised nor is the required fuel quality for such standards yet identified. As a result,
until the timetable for the introduction into the marketplace of the next stage of
emission standards is clear, it would be premature at this point to mandate the use of
fuels with a lower sulphur content in this sector. Therefore the Commission does not
accept amendments 3, 10 and 13.

Amendment 1 proposes that text should be added to recital 8 proposing that the
introduction of fiscal incentives should be supported for both cleaner conventional
fuels and alternative fuels. The Commission does not believe this to be appropriate in
this directive as there are no subsequent substantial provisions relating to fiscal
this
incentives in the directive. Consequently the Commission does not accept
amendment.

3

4.

CONCLUSION

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as
set out above.

4