Notification in accordance with Article 95(5) of the EC Treaty — Request for authorisation to adopt national legislation derogating from the provisions of a Community harmonisation measure   (Text with EEA relevance)
Date: 2006-01-18
Institutions: European Commission
Subjects: Netherlands, air quality, derogation from EU law, diesel engine, motor vehicle, public health

18.1.2006

EN

Official Journal of the European Union

C 12/5

Notification in accordance with Article 95(5) of the EC Treaty

Request for authorisation to adopt national legislation derogating from the provisions of a Com-
munity harmonisation measure

(2006/C 12/04)

(Text with relevance for the EEA)

1. In a letter received on 4 November 2005, the Kingdom of the Netherlands notified under Article 95(5)
of the Treaty establishing the European Community a request for derogation to Directive 98/69/EC (1).
The Kingdom of the Netherlands intends to adopt a new decree which would set more stringent emis-
sion limits for diesel vehicles of 5 milligrams per kilometre for particulate matter. This new national
provision would apply as from 1 January 2007 on diesel passenger cars and some light commercial
vehicles (category M1 and N1, class 1, as defined by Annex II to Directive 70/156/EC (2)).

2. Article 95(5) of the Treaty establishing the European Community stipulates that if, after the adoption
by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary
to introduce national provisions based on new scientific evidence relating to the protection of the envir-
onment or the working environment on grounds of a problem specific to that Member State arising
after the adoption of the harmonisation measure, it shall notify the Commission of the envisaged provi-
sions as well as the grounds for introducing them.

3. The Commission shall, within six months of the notification approve or reject the national provisions
involved after having verified whether or not they are a means of arbitrary discrimination or a disguised
restriction on trade between Member States and whether or not they shall constitute an obstacle to the
functioning of the internal market.

4. According to the Dutch authorities, their request is justified because new scientific evidence on the
environmental and health effects of particulate matter has become available since the adoption of Direc-
tive 98/69/EC. According to them, this information shows that excessive particulate matter emissions
have harmful effects on human health, such as premature deaths and impaired lung functions. This
scientific evidence has led, at Community level, to the provision of a draft proposal (the Euro 5 draft
proposal), reducing the particulate matter level for diesel passenger cars and some light commercial
vehicles to 5 milligrams per kilometre. However, according to the Dutch authorities, it is likely that this
new limit value will not enter into force before 2010.

For the Dutch authorities, particulate matter is a cause of major concern because of the high population
density and a more highly concentrated infrastructure than in other European countries. In their view,
this situation leads to high emissions per square kilometre. Furthermore, air quality in many areas of
the Netherlands does not comply with the European limit values for particulate matter as set out in
Directive 1999/30/EC (3).

The envisaged measure is part of a package of measures aimed at improving the air quality in the Neth-
erlands. The Dutch authorities consider that the measure is necessary to improve the quality of the
environment and thus protect human health. They also consider that the draft measure is neither a
means of arbitrary discrimination nor a disguised restriction on trade between Member States. Further-
more, they believe that the measure is proportionate to attain the desired objectives.

5. The Kingdom of the Netherlands therefore deems it necessary to derogate from Directive 98/69/EC and
to introduce new national provisions setting a limit value of 5 milligrams per kilometre for particulate
matter emissions from diesel passenger cars and some light duty vehicles entering into force on 1
January 2007.

(1) Directive 98/69/EC of the European Parliament and of the Council of 13 October 1998 relating to measures to be
taken against air pollution by emissions from motor vehicles and amending Council Directive 70/220/EEC on the
approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from
positive-ignition engines of motor vehicles, OJ L 271, 21.10.1999 p. 47.

(2) Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating

to the type-approval of motor vehicles and their trailers, OJ L 42, 23.2.1970, p. 1.

(3) Directive 1999/30/EC relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate

matter and lead in ambient air, OJ L 163, 29.6.1999, p. 41.

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Official Journal of the European Union

18.1.2006

6. Observations on the notification thus made by the Kingdom of the Netherlands may be submitted to
the Commission within 30 days from the date of publication of this notice. Observations submitted
later than this deadline may not be taken into consideration.

7. Further information regarding the request from the Kingdom of the Netherlands can be obtained from:

Ms. Liedeke Wöltgens
Ministerie van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer
Afdeling Juridische Zaken/Internationaal — IPC 880
Postbus 20951
2500 EZ 's Gravenhage
Nederland
Tel. (31-70) 339 14 94 b.g.g. 339 44 06
Fax (31-70) 339 15 92
e-mail: djz.internationaal@minvrom.nl

European Commission
Directorate-General Enterprise and Industry
Mr Reinhard Schulte-Braucks
Unit F1 Automotive industry
Avenue d'Auderghem 45
B-1040 Brussels
Tel. (32-2) 295 58 82
Fax (32-2) 296 96 37
e-mail: Entr-Automotive-Industry@cec.eu.int)