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 on the promotion of biofuels or other renewable fuels for transport amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2003-04-22
Institutions: European Commission
Subjects: European standard, motor fuel, security of supply, substitute fuel, transport policy

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 22.04.2003
COM(2003) 193 final

2001/0265 (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

on the promotion of biofuels or other renewable fuels for transport

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

2001/0265 (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

on the promotion of biofuels or other renewable fuels for transport

1.

INTRODUCTION

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is
to  deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  second
reading.  The  Commission  sets  out  its  opinion  below  on  the  7  amendments  proposed  by
Parliament.

2.

BACKGROUND

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On 14 December 2001, the Commission transmitted to the European Parliament and
to 
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the  Council 
2001/0265(COD)).

(COM(2001)547/2 

for  a  Directive 

its  proposal 

final 

The European Economic and Social Committee delivered a favourable opinion on 25
April 2002.

The Committee of the Regions delivered a favourable opinion on 15 May 2002.

On 4 July 2002, the European Parliament, at  its  first  reading,  delivered  its  opinion,
containing a number of amendments to the Commission proposal.

On  12  September  2002  (COM(2002)580  final),  the  Commission  adopted,  in
accordance  with  Article  250(2)  of  the  Treaty,  an  amended  proposal  incorporating,
wholly or in part, a large number of amendments adopted by the Parliament.

The Council adopted its Common Position on 18 November 2002.

On 2 December 2002, the Commission adopted its Communication to the European
Parliament  on  the  Council's  Common  Position,  pursuant  to  the  2nd  subparagraph  of
Article 251(2) of the Treaty.

On  12  March  2003  the  European  Parliament  adopted,  at  the  second  reading,  a
resolution containing 7 amendments to the Common Position.

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3.

PURPOSE OF THE PROPOSAL

The Commission’s initiative is a response to the issues set out in its Green Paper “Towards a
European Strategy for Energy Supply”1 regarding the transport sector: its significant share of
energy  consumption,  rising  CO2  emissions,  current  dependency  on  fossil  fuel  and  the
implications  for  security  of  supply  and  climate  change.  Several  Member  States  have  taken
steps  to  promote  the  use  of  biofuels  to  address  these  issues,  and  it  was  considered  that  a
European-level commitment to the promotion of biofuels would go a long way to creating a
secure climate for the necessary investments in agricultural and industrial production.

The Commission therefore presented a proposal with the basic objective of promoting the use
of  biofuels  by  placing  Member  States  under  an  obligation  to  take  the  necessary  steps
including  legislation  to  ensure  that,  from  2005  onwards,  a  minimum  share  of  transport  fuel
sold in their territory should be biofuels. In 2005, the minimum share proposed was 2%, rising
year  on  year  to  5.75%  by  2010.  The  practical  steps  needed  to  achieve  these  targets  should
remain the responsibility of the Member States.

4.

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN
PARLIAMENT

Parliament  adopted  7  amendments  to  the  Common  Position  of  the  Council  at  the  second
reading.

The Commission accepts all 7 amendments proposed by the European Parliament, which are
in line with the objectives of the Commission’s original proposal or constitute an acceptable
compromise.

4.1.

Amendments accepted by the Commission

(cid:1)  Amendment 7 adds a new product, ‘Pure Plant Oil’ and an accompanying definition to the

illustrative list of biofuels contained in Article 2(2).

The Commission can accept this amendment. The list in Article 2(2) is not exclusive but
inclusion in it is conditional upon satisfying the definitions of ‘biofuels’ and ‘biomass’ in
Article  2(1).  The  Commission  agrees  that  pure  plant  oil  fulfills  these  criteria  and  the
additional  criteria  concerning  engine  compatability  and  emissions  standards  set  in  the
amendment are welcome.

(cid:1)  Amendment  12  adds  to  Recital  9,  which  deals  with  the  potential  of  captive  fleets  to  be
converted to run on biofuels and was accepted by the Commission and Council following
the  proposal  of  the  Parliament  at  first  reading.  The  amendment  adds  a  statement  to  the
effect  that  Member  States  could  further  promote  the  use  of  biofuels  by  public  transport.

The  Commission  can  accept  this  amendment.  It  is  line  with  the  objectives  of  the
Commission’s original proposal.

(cid:1)  Amendment 13 concerns Recital 13, which deals with the need for biofuels to adhere to
existing technical standards and for appropriate monitoring and development to take place
to  ensure  that  biofuels  are  not  subject  to  unnecessary  barriers  to  market  entry.  The

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COM(2000) 769 final, 29/11/2000

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amendment proposes that specific reference be made to the monitoring and adaptation of
standards related to ‘volatility aspects’.

The Commission can accept this amendment. The Commission agrees that the performance
of certain biofuels against volatility standards laid down in Community legislation should
be monitored and any problems in this respect should be addressed.

(cid:1)  Amendment  14  is  an  addition  to  Recital  15,  which  deals  with  the  potential  benefits  of
biofuel production to the EU agricultural sector. The amendment notes that this applies to
both the existing and future EU Member States.

The Commission can accept this amendment that builds on the original proposal.

(cid:1)  Amendments 15 and 16 bring Articles 3(4) and 3(5) into line with the revised title of the

Directive by extending the reference to ‘biofuels’ to cover ‘other renewable fuels’.

The Commission can accept this amendment which reinforces the internal coherence of the
text.

(cid:1)  Amendment 17 is a redrafting of Article 4(1). The first paragraph of this article concerns
the  Member  States’  reporting  requirements.  The  amendment  proposes  two  additional
subjects  to  be  covered  by  these  reports:  the  measures  taken  by  the  Member  State  to
promote  biofuels  for  transport;  and  the  national  resources  allocated  to  the  production  of
biomass for energy uses other than transport.

The third paragraph of Article 4(1) lays down that a Member State wishing to set different
targets  from  those  set  out  in  the  Directive  must  provide  reasons  for  this  and  could  base
these  reasons  on  a  limited  number  of  factors.  The  amendment  proposes  a  clearer  list  of
factors.

The  Commission  can  accept  this  amendment.  The  first  change  to  the  first  paragraph  in
effect requires Member States to explain what they are doing to meet the objectives of the
Directive. This is sensible. The second change to the first paragraph gives the Commission
the  information  it  needs  to  enable  it  to  monitor  compliance  with  the  terms  of  the  third
paragraph.

The  changes  to  the  third  paragraph  are  acceptable  as  a  compromise.  The  Commission
accepts the possibility that Member States could have valid reasons, additional to those set
out  in  the  amendment,  that  justify  differentiated  targets;  however,  it  expects  any  such
reasons to be of the same quality as those set out in the Directive.

4.2.

Amendments rejected by the Commission

No amendments have been rejected by the Commission.

5.

CONCLUSION

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

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