Proposal for a Directive of the European Parliament and of the Council amending Directive 98/70/EC as regards the specification of petrol, diesel and gas-oil and introducing a mechanism to monitor and the introduction of a mechanism to monitor and reduce greenhouse gas emissions from the use of road transport fuels and amending Council Directive 1999/32/EC, as regards the specification of fuel used by inland waterway vessels and repealing Directive 93/12/EEC
Date: 2007-01-31
Institutions: European Commission
Subjects: air quality, diesel fuel, environmental protection, motor fuel, motor vehicle, product quality

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 31.1.2007 
COM(2007) 18 final 

2007/0019 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 98/70/EC as regards the specification of petrol, diesel and gas-oil 
and introducing a mechanism to monitor and the introduction of a mechanism to 
monitor and reduce greenhouse gas emissions from the use of road transport fuels and 
amending Council Directive 1999/32/EC, as regards the specification of fuel used by 
inland waterway vessels and repealing Directive 93/12/EEC 

(presented by the Commission) 

{SEC(2007) 55} 
{SEC(2007) 56} 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

Directive  98/70/EC1  established  minimum  specifications  for  petrol  and  diesel  fuels 
for  use  in  road  and  non-road  mobile  applications.  These  specifications  were 
established  for  health  and  environmental  reasons.  This  proposal  for  revision  of 
Directive  98/70/EC  will  contribute  to  reducing  air  pollutant  and  greenhouse  gas 
emissions  from  road  and  non-road  fuel  use  and  help  to  implement  the  Community 
strategies  on  air  quality  and  on  climate  change.  It  will  lead  to  lower  emissions  of 
particulate  matter.  It  will  also  enable  the  use  of  higher  volumes  of  biofuels  while 
taking  into  consideration  environmental  and  health  requirements  It  will  reduce 
greenhouse gas emissions from the fuels regulated. 

The  main  reasons  for  reviewing  the  Directive  stem  from  evolving  fuel  and  engine 
technology and the growth in biofuel use. The Community air quality goals set in the 
Thematic Strategy on Air Pollution and the continuing need to address Greenhouse 
Gas  emissions  are  the  other  main  factors  influencing  the  need  for  revision  of  the 
Directive. 

•  General context 

Directive 98/70/EC was last modified by  Directive  2003/17/EC2. This  modification 
only  affected  the  sulphur  limits  for  petrol  and  diesel  set  in  the  Directive.  The 
continuing  evolution  of  Community  pollutant  emissions  legislation  and  the  links 
between  vehicle  technology  and  fuel  quality,  mean  that  fuel  quality  has  to  be 
reviewed in parallel.  

The need for a review and possible revision of Directive 98/70/EC is foreseen in its 
Article 9. This states that in view of: 

–  further progress on vehicle pollutant emissions;  

–  the evolution of the CO2 and cars strategy; 

–  and the development of alternative fuels,  

it should be considered whether these factors have led to a need for a revision of the 
fuel specifications. In addition, other specific issues are identified for consideration. 
Wide ranging discussions with stakeholders identified a number of additional issues 
to be considered in the review. 

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2 

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. 
Directive  2003/17/EC  of  the  European  Parliament  and  of  the  Council  of  3  March  2003  amending 
Directive 98/70/EC relating to the quality of petrol and diesel fuels. 

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•  Existing provisions in the area of the proposal 

Directive  98/70/EC  as  amended  by  Directive  2003/17/EC  establishes  minimum 
specifications  for  petrol  and  diesel  to  be  placed  on  the  market  in  the  EU.  Included 
within its scope is the sulphur limit for gas oil used for Non-Road Mobile Machinery.  

Directive 1999/32/EC3 establishes sulphur limits for certain liquid fuels and inter alia 
specifically refers to the fuel used in inland waterway vessels.  

Directive  93/12/EEC4  had  previously  regulated  the  sulphur  content  of  liquid  fuels, 
however following its amendment by Directives 98/70/EC and 1999/32/EC only one 
Article of the Directive remains in force. 

•  Consistency with the other policies and objectives of the Union 

The Thematic Strategy on Air Pollution sets out a number of goals for the reduction 
of air pollution in the EU. This proposal is consistent with those goals by aiming in 
its different aspects to reduce or at least avoid any increase in emissions of the most 
important pollutants 

Moreover, this proposal forms part of the Kyoto strategy of the EU, which is based 
on convergent action involving industry, transport, energy, housing and agriculture.  

The proposal is consistent with the Sustainable Development Strategy since its goal 
is,  where  possible,  to  reduce  or  avoid  increases  in,  undesirable  pollutant  emissions 
that lead to environmental and health impacts and to reduce transport greenhouse gas 
emissions. This needs however to be done in a cost effective manner considering the 
societal benefit.  

The  proposed  Directive  also  aims  at  facilitating  the  achievement  of  current  and 
future Community biofuel targets. The Commission's Biofuel Strategy5 states that it 
must  "focus  on  ….  ensuring  that  the  use  of  biofuels  does  not  give  rise  to 
environmental  or  technical  problems".  The  review  addresses  constraints  on  biofuel 
use and feasible modifications without increasing in-use environmental pressures. It 
is  also  recognised  that  further  review  of  the  limits  and  of  the  instruments  might  be 
needed as fuel and biofuel technologies and volumes develop. 

The proposal has implications for the Lisbon strategy and the internal market. Fuel 
specifications affect not only fuel suppliers but also manufacturers of vehicles, non-
road  mobile  machinery  and  fuel  and  exhaust  system  components.  Changes  to  the 
specification can increase or reduce costs for those sectors. The specification also has 
some  impact  on  the  cost  of  fuel  supplied  and  the  size  of  the  fuel  markets  and 
implications for overall energy use, greenhouse gas emissions and the level of health 
impacts from air pollution. The implications of any cost changes have been assessed 
and taken into account, and the changes proposed are believed to not increase overall 
costs to society. 

3 

4 
5 

Directive 1999/32/EC of the Council of 26 April 1999 relating to a reduction in the sulphur content of 
certain liquid fuels and amending Council Directive 93/12/EEC. 
Council Directive 93/12/EEC of 23 March 1993 relating to the sulphur content of certain liquid fuels. 
An EU Strategy for Biofuels - COM(2006) 34, 8.2.2006. 

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The  proposal  is  in  conformity  with  better  regulation  principles  as  it  involves  the 
simplification of obligations imposed on industry, repeal of one directive, coherence 
with the climate change strategy, sustainable development strategy, biofuel strategy 
and the Thematic Strategy goal to improve air quality. 

The  proposed  specifications  have  been  defined  on  the  basis  of  best  available 
techniques with the objective of decreasing pollutant and greenhouse gas emissions 
as  much  as  possible  without  creating  other  environmental  damage.  Potential  trade-
offs  in  some  areas,  for  example  reducing  sulphur  can  increase  greenhouse  gas 
emissions, have been assessed. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

In  view  of  the  highly  technical  nature  of  the  Directive,  a  stakeholder  process  was 
organised with the relevant EU level stakeholders. During this process, the scope of 
the review was discussed and stakeholders were invited to put forward their views on 
all  of  the  different  aspects  of  the  review.  Two  meetings  were  held  and  a  further 
opportunity was provided for written comments. The majority of respondents agreed 
these  are  published  at 
their  comments  being  made  public  and 
to 
http://forum.europa.eu.int/Public/irc/env/fuel_quality/library. 

Summary of responses and how they have been taken into account 

Because  of  the  wide  range  of  issues  covered  by  the  review,  it  is  not  possible  to 
provide an overall summary of stakeholder comments here. The Impact Assessment 
reports  the  main  views  of  stakeholders  for  each  aspect  of  the  review  in  particular 
where stakeholders hold diverging views. Where views diverge, the Commission has 
attempted to establish the most credible approach while recognising the uncertainty 
and avoiding risk of undesirable environmental or health consequences. 

•  Collection and use of expertise 

Scientific/expertise domains concerned 

The  review  covers  issues  mainly  relating  to  air  pollution,  combustion  and  engine 
technology, oil refining, biofuel technology and greenhouse gas emissions. 

Methodology used 

The review of the Fuel Quality Directive covers a wide range of areas and involves a 
significant  number  of  industrial  sectors.  Many  aspects  and  the  issues  underlying 
them are highly technical.  

In  view  of  these  factors,  the  Commission  has  sought  input  from  organisations  with 
relevant expertise. This input has been provided by the Commission's Joint Research 
Centre  (JRC),  a  structured  stakeholder  process  and  through  dialogue  and  meetings 
with individual stakeholder or groups of stakeholders. 

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The JRC has undertaken scientific work in support of some of the technical areas in 
the review with the support of different stakeholders. The JRC reported on progress 
to  the  stakeholder  meetings  and  responded  to  questions  and  comments.  The  JRC's 
final advice was received on 28 February 2006. 

Main organisations/experts consulted 

The  experimental  work  carried  out  by  the  JRC  also  involved  the  research 
organisation  of  the  European  automotive  industry  (EUCAR)  and  the  research 
organisation  of  the  European  oil  industry  (CONCAWE).  A  large  range  of 
stakeholders have provided input to the process and these are detailed in Annex 1 of 
the Impact Assessment. 

Summary of advice received and used 

For  a  large  number  of  the  areas  assessed  in  the  review,  there  is  little  or  no 
disagreement about the findings. These areas are: Captive Fleets, End date for 10ppm 
sulphur in diesel, Review of Directive 1999/96/EC, Review of CO2 and cars policy, 
Review of Directive 1999/30/EC.  

In  some  areas  there  are  single  industry  interests  that  favour  a  particular  position. 
These  include  the  limit  on  FAME  content  in  diesel,  non-road  diesel  specification, 
diesel density, petrol oxygenate content, petrol vapour pressure.  

In  a  number  of  other  areas  there  is  a  clear  difference  of  opinion  between  different 
sectors,  usually  the  vehicle  manufacturing  industry  and  the  oil  industry.  These 
include  World  Wide  Fuel  Charter,  Poly  Aromatic  Hydrocarbons,  detergents  and 
metallic  additives.  Disagreement  exists  on  the  impact  of  metallic  additives  on 
emission control systems and the ethanol and vapour pressure limits. 

Metallic additives are claimed by some parts of industry to raise risks of damage to 
vehicle  exhaust  control  systems  while  the  manufacturers  of  additives  dispute  this 
claim. It has so far not proved possible to agree a test method for verifying whether 
or not metallic additives do cause damage. 

The  use  of  ethanol  in  blends  with  petrol  can  lead  to  increased  pollutant  emissions 
which are precursors of ground level ozone. Higher blends of ethanol have problems 
of  compatibility  with  some  vehicles.  The  use  of  ethanol,  and  other  biofuels,  offers 
the  potential  to  reduce  life  cycle  Greenhouse  Gas  emissions  from  road  fuels.  The 
assessment of these impacts is disputed, in particular by the ethanol supply industry. 

The  existence  of  potentially  serious  risks  with  irreversible  consequences  has  been 
mentioned in some areas, for example by vehicle manufacturers and the oil industry. 
These  risks  include  damage  to  vehicles  and  increases  in  pollutant  and  greenhouse 
emissions. 

Means used to make the expert advice publicly available 

The comments of stakeholders on all of the different aspects of the review have been 
made  publicly  available  on  the  internet  as  noted  above,  except  in  cases  where 
stakeholders requested their comments to be kept confidential. 

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•  Impact assessment 

The Commission carried out an Impact Assessment listed in the Work Programme. 
This  report  is  accessible  as  document  SEC(2007)  55.  The  Impact  Assessment 
considers the following sixteen areas: 

a)  Whether  the  fuel  specifications  contained  in  the  Directive  should  be  replaced 
with  those  from  the  World  Wide  Fuel  Charter  proposed  by  the  automotive 
industry. 

b)  Whether in the absence of a limit, a maximum limit on the FAME (biodiesel) 
content  in  diesel  should  be  introduced  in  the  Directive.  Such  a  limit  would 
constrain the amount of FAME that could be blended. 

c)  Whether  it  would  result  in  any  environmental  benefit  to  establish  minimum 

specifications for LPG, Natural Gas and Biofuels in the Directive. 

d)  Whether it would result in any environmental benefit to establish a specific fuel 

specification for use by captive fleets. 

e)  What  mandatory  date  should  be  established  for  maximum  sulphur  content  of 
10ppm  in  diesel.  This  level  of  sulphur  is  needed  to  improve  operation  of 
pollutant control technologies. 

f)  Whether any parameters need to be changed following the review of Directive 
1999/96/EC6  to  ensure  the  correct  operation  of  vehicles  meeting  the  tighter 
emission specifications. 

g)  Whether any parameters need to be changed following the review of the CO2 
and  cars  voluntary  agreements  to  enable  car  manufacturers  to  comply  with 
their commitments. 

h)  Whether  any  amendment  of  the  fuel  parameters  is  required  following  the 
review  of  Directive  1999/30/EC7  to  enable  the  air  quality  limit  values  to  be 
attained. 

i)  Whether the maximum content of Poly Aromatic Hydrocarbons (currently set 
at 11%) in diesel should be modified to lower vehicle pollutant emissions. 

j)  Whether any amendment is required to the specification for gas oil to be used 
in non-road mobile machinery to enable the introduction of machinery meeting 
new emission limits. 

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Directive 1999/96/EC on the approximation of the laws of the Member States 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  gaseous  pollutants  from  positive  ignition  engines  fuelled  with 
natural gas or liquefied petroleum gas for use in vehicles and amending Council Directive 88/77/EEC 
and the confirmation of the mandatory NOx emission standard for heavy duty engines. 
Directive  1999/30/EC  relating  to  limit  values  for  sulphur  dioxide,  nitrogen  dioxide  and  oxides  of 
nitrogen, particulate matter and lead in ambient air. 

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k)  Whether  any  amendment  is  required  to the  Directive  in  view  of  the  potential 

environmental benefit from a wider use of detergents in fuels. 

l)  Whether any amendment is required to the Directive in relation to the potential 
use  of  metallic  additives  in  fuels  as  their  effect  on  vehicles  and  emissions  is 
unclear. 

m)  Whether  the  maximum  density  of  diesel  should  be  modified  in  view  of  the 

higher density of FAME (biodiesel) to facilitate its blending in diesel. 

n)  Whether  any  amendment  is  required  to  the  maximum  oxygenate  limits  for 

petrol in view of the desirability of promoting the use of biofuels. 

o)  Whether any amendment is required to the maximum vapour pressure limit for 
petrol in view of the desirability of promoting the use of biofuels given that a 
change  in  vapour  pressure  could  lead  to  higher  emissions  of  volatile  organic 
compounds. 

p)  Whether  an  amendment  is  desirable  to  the  Directive  to  take  into  account  the 
lifecycle greenhouse gas emissions from fuel and thereby provide a technology 
neutral  incentive  to  de-carbonise  transport  fuels  and  develop  new  and  better 
biofuels. 

For  each  area  the  options  considered  differ.  In  (f)  and  (g)  no  action  appears  to  be  the  only 
feasible  option.  For  all  the  other  areas,  no  action  was  considered,  as  were  between  1  and  6 
other  options.  These  other  options  include  voluntary  action  by  one  or  more  sections  of 
industry,  introduction  or  tightening  of  existing  limits  in  the  specification  as  well  as 
introducing new elements into the Directive. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

For  the  majority  of  the  areas  assessed  it  was  concluded  that  no  action  was  the 
preferred  option.  In  a  number  of  areas  changes  to  the  Directive  will  lead  to  a 
reduction  in  pollutant  and  greenhouse  gas  emissions  and  lower  overall  costs.  The 
main changes proposed to Directive are: 

1) 

2) 

3) 

The mandatory date for a maximum of 10ppm sulphur in diesel is confirmed as 
2009. This will result in lower pollutant emissions, primarily particulate matter, 
as well as facilitating the introduction of other pollutant control equipment and 
provides certainty to industry. 

The maximum poly aromatic hydrocarbon content in diesel will be reduced to 
8% from 2009. This might result in a reduction in particulate matter and poly 
aromatic hydrocarbon emissions, however the level and date have been chosen 
to ensure that there will be no cost from the change proposed.  

The  maximum  sulphur  content  in  non-road  gas-oil  will  be  reduced  from 
1000ppm  to  10ppm  for  land  based  uses  and  from  1000ppm  to  300ppm  for 
inland waterways. The change for the land based equipment will facilitate the 

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introduction of more advanced engines and emission control equipment as well 
as  lowering  particulate  matter  emissions  from  the  existing  equipment.  The 
change for inland waterways will ensure that these engines operate at the type 
approved levels of pollutant emissions. 

4) 

To  enable  a  higher  volume  of  biofuels  to  be  used  in  petrol,  a  separate  petrol 
blend is established with higher permitted oxygenate content (including up to 
10% ethanol). For the same reason, the vapour pressure limit is increased for 
petrol blended with ethanol. All blends available on the market will be clearly 
labelled. These changes will facilitate development of the biofuel market while 
avoiding the possible risks of damage to existing vehicles. Higher emissions of 
volatile organic compounds will be controlled by collecting emissions in petrol 
stations  for  all  fuels.  The  Commission  will  bring  forward  a  proposal  for 
mandatory introduction of filling station vapour recovery in 2007. 

5)  A  mandatory  monitoring  of  lifecycle  greenhouse  gases  is  introduced  from 
2009. From 2011 these emissions must be reduced by 1% per year. This will 
ensure  that  the  fuel  sector  contributes  to  achieving  the  Community's  longer 
term greenhouse gas reduction goals and parallels efforts on improving vehicle 
efficiency.  It  will  also  stimulate  further  development  of  low  carbon  fuels  and 
other measures to reduce emissions from the production chain. 

6) 

The permitted maximum vapour pressure for ethanol blends has been changed 
in order to allow the bio-fuels industry to develop in the early years. However, 
as base petrol could be manufactured to allow a higher content of bio-fuels and 
ethanol  with  a  lower  vapour  pressure,  oil  companies  have  been  invited  to 
develop  these  blends  also  in  Europe.  When  this  lower  vapour  pressure  base 
petrol  is  available  in  sufficient  quantities,  the  vapour  pressure  limit  might  be 
reviewed. 

In addition the proposed Directive clarifies the possible use of the exemption to the 
vapour  pressure  limit  for  arctic  or  severe  weather  to  avoid  misinterpretation  and 
increase legal certainty and introduces a new review clause. The proposed Directive 
also  brings  Directive  98/70/EC  up  to  date  by  amending  it  to  eliminate  redundant 
elements.  

•  Legal basis 

This act has two legal bases (Article 95 and Article 175), since it amends one act and 
repeals another, both of which are based on Article 95 (ex Article 100a) and amends 
a third act which is based on Article 175 (ex Article 130s). 

•  Subsidiarity principle 

The objectives of the proposal cannot be sufficiently achieved by the Member States 
because there is an EU wide market for road vehicles and an important aspect of their 
proper  functioning  is  the  quality  of  the  fuel  available.  Action  by  Member  States 
alone would mean that there would cease to be a single market in road transport fuels 
because of the different specifications that would be in use. This would be damaging 
from an economic perspective as well as reducing security of energy supply since it 
would make each Member State's market dependent only on supply produced to its 

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specification  thus  preventing  interchange  between  Member  States  in  the  case  of 
disruption to the market. 

The  benefits  of  limiting  environmental  and  health  damage  from  the  use  of  road 
transport  fuel  will  be  greater  at  lower  cost  through  a  single  EU  fuel  specification. 
Because  air  pollutants  are  carried  across  borders  it  is  desirable  to  ensure  that 
concerted action is taken to reduce emissions across the Community. 

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reasons. 

The  proposal  takes  the  form  of  a  Directive  which  sets  out  the  minimum  fuel 
specification  for  reasons  of  environmental  and  health  protection.  Other  technical 
aspects  of  fuel  specifications  are  not  addressed  in  the  Directive  but  are  left  to  be 
governed by European standards in line with better regulation principles. 

The  proposal  does  not  increase  the  financial  or  administrative  burden  on  the 
Community, national, regional or local governments. The requirements in relation to 
these bodies are not changed from that in the existing Directive. 

In developing the proposals the costs and benefits have been analysed as detailed in 
the  Impact  Assessment.  The  actions  proposed  have  been  chosen  to  ensure  that  the 
benefits  always  outweigh  the  costs.  In  this  way  the  overall  costs  to  economic 
operators and citizens have been minimised. 

•  Choice of instruments 

Proposed instrument: Directive. 

Other means would not be adequate because to provide certainty fuel quality must be 
governed by binding legislation. This rules out all options other than a Directive or 
Regulation. Since it is only necessary to control the final specification of the fuel, but 
not how that specification is assured, a Regulation would be unnecessarily stringent. 

4. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5. 

ADDITIONAL INFORMATION 

•  Simplification 

The  proposal  provides  for  simplification  of  legislation  by  modifying  two  existing 
Directives (Directive 98/70/EC and Directive 1999/32/EC8). The resulting Directives 

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Note 1 and 3 above. 

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are  shorter,  clearer,  avoid  a  current  area  of  overlap  and  leave  less  ground  for  legal 
uncertainty. 

•  Repeal of existing legislation 

The proposal will lead to the repeal of an existing redundant Directive (93/12/EEC9). 

•  Review/revision/sunset clause 

The proposal includes a review clause. 

•  Correlation table 

The  Member  States  are  required  to  communicate  to  the  Commission  the  text  of 
national  provisions  transposing  the  Directive  as  well  as  a  correlation  table  between 
those provisions and this Directive. 

•  European Economic Area 

The  proposed  act  concerns  an  EEA  matter  and  should  therefore  extend  to  the 
European Economic Area. 

6. 

DESCRIPTION OF THE ELEMENTS 

Article 1 

Point 1. This amends Article 2 by adding a new paragraph 5 more clearly defining 
the meaning of arctic or severe weather conditions.  

Point 2. This amends Article 3. Paragraph 2, sub-paragraphs (a) and (b) are deleted 
since they are redundant. Sub-paragraph (c) is modified to authorise the marketing of 
petrol complying with Annex V. 

Paragraph  3  is  replaced  to  require  all  fuels  meeting  the  specifications  set  out  in 
Annex III and Annex V to be labelled. 

Paragraphs  4,  5  and  6  are  deleted  because  they  are  redundant  as  any  derogations 
would have expired in 2003, 2005 or 2007. 

Paragraph  7  is  replaced  to  clarify  the  maximum  content  of  lead  for  the  small 
quantities of leaded petrol that Member States might continue to permit. 

Point  3.  This  amends  Article  4.  In  paragraph  1,  sub-paragraphs  (a)  and  (b)  are 
deleted since they are redundant. Sub-paragraph (e) is replaced to confirm the date of 
1 January 2009 as the date at which all diesel shall contain a maximum of 10mg/kg 
of sulphur. 

Paragraph 2 and 3 are deleted because they are redundant as any derogations would 
have  expired  in  2003  and  2007.  Paragraph  4  is  deleted  because  the  procedure  for 

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Note 4 above. 

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dealing  with  derogations  under  paragraphs  2  and  3  is  consequently  no  longer 
required. 

Paragraph 5 is replaced to introduce tighter sulphur specifications for gas oil used in 
non-road mobile machinery.  

Paragraph  6  is  added  to  introduce  tighter  maximum  permissible  sulphur  content  in 
gas oils intended for use by inland waterway vessels by 31 December 2009. A further 
reduction is introduced by 31 December 2011 at the latest. 

Point  4.  This  changes  the  heading  and  introduces  a  new  paragraph  in  Article  6 
requiring Member States wishing to use the derogation for summer vapour pressure 
in arctic or severe weather conditions subject to the approval of the Commission. 

Point  5. This inserts two new Articles. The first Article requires Member States to 
oblige fuel suppliers to report on life cycle greenhouse gas emissions from the fuel 
they  supply.  The  methodology  of  the  reporting  mechanism  is  to  be  established  in 
coordination with the provisions of Directive 2003/30/EC. An additional requirement 
coming into force at a later date requires reported emissions to be reduced.  

The  second  Article  foresees  that  the  Commission  shall,  in  accordance  with  the 
procedure  referred  to  in  Article  11(2),  adopt  measures  for  the  modifications  of 
specifications  concerning  the  blending  of  ethanol  into  petrol,  and  in  particular,  the 
vapour pressure. 

Point 6. This inserts a new Article requiring the Commission to continue to develop 
suitable test methodology for the use of metallic additives into fuels. 

Point 7. This replaces the original Article requiring the Commission to report on the 
Directive on a regular basis. The first report is foreseen by 31 December 2012 and 
further reports are foreseen every three years. The reports shall be accompanied by 
proposals where appropriate. Elements that shall inter alia be included in the report 
are specified in this Article. 

Point  8.  This  replaces  the  original  Article  11  (as  listed  in  Annex  III  point  80  of 
Regulation  (EC)  No  1882/200310)  in  order  to  make  a  reference  to  the  regulatory 
procedure with scrutiny. 

Point 9. This deletes Article 14 which is redundant. 

Point 10. This deletes Annex I of Directive 98/70/EC which is redundant. 

Point 11. This deletes Annex II of Directive 98/70/EC which is redundant.  

Point  12.  In  Annex  III  the  maximum  vapour  pressure  limit  for  ethanol  blends  is 
increased. 

Point  13.  In  Annex  IV  the  maximum  permitted  Polycyclic  Aromatic  Hydrocarbon 
content  in  diesel  is  changed  to  8%  and  footnote  3  is  modified  as  a  result  of 

10 

OJ L 284, 31.10.2003, p. 1. 

EN 

11 

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confirmation  of  1  January  2009  as  the  date  for  all  diesel  to  contain  a  maximum  of 
10mg/kg of sulphur. 

Point  14.  A  new  Annex  V  containing  the  specification  for  petrol  containing  up  to 
10%  ethanol  is  added  including  an  increase  in  maximum  content  of  all  oxygenates 
and an overall oxygenate content of 3.7%. 

Point  15.  A  new  Annex  VI  containing  the  level  of  permitted  vapour  pressure 
increase for different ethanol blends is added. 

Article 2 

Directive 1999/32/EC contains references to the fuel to be used by inland waterway 
vessels.  The  changes  in  this  proposal  to  the  fuel  specification  for  these  vessels 
requires a consequent change to that Directive. 

Article 3 

Earlier  changes  made  to  Directive  93/12/EEC  by  both  Directive  1998/70/EC  and 
Directive 1999/32/EC have left only one paragraph of Article 2 of that Directive in 
force. This is redundant and therefore the Directive is repealed.  

Article 4 

The date of transposition is set at 31 December 2008 at the latest. 

EN 

12 

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2007/0019 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 98/70/EC as regards the specification of petrol, diesel and gas-oil 
and introducing a mechanism to monitor and the introduction of a mechanism to 
monitor and reduce greenhouse gas emissions from the use of road transport fuels and 
amending Council Directive 1999/32/EC, as regards the specification of fuel used by 
inland waterway vessels and repealing Directive 93/12/EEC 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 95 and 175(1) thereof, 

Having regard to the proposal from the Commission11, 

Having regard to the opinion of the European Economic and Social Committee12, 

Having regard to the opinion of the Committee of the Regions13, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty14, 

Whereas: 

(1) 

(2) 

11 
12 
13 
14 
15 

16

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/EEC15 establishes minimum specifications for petrol and diesel fuels for use in 
road and non-road mobile applications for health and environmental reasons.  

The  Communication  from  the  Commission  to  the  Council  and  the  European 
Parliament  –  Thematic  Strategy  on  Air  Pollution16  established  goals  to  reduce 
emissions  of  pollutant  emissions  until  2020.  These  goals  flowed  from  an  extensive 
analysis of costs and benefits. In particular goals are set to reduce SO2 emissions by 
82%,  NOx  emissions  by  60%,  volatile  organic  compounds  (VOCs)  by  51%  and 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
Council Directive 93/12/EEC of 23 March 1993 relating to the sulphur content of certain liquid fuels 
(OJ L 74, 27.3.1993, p. 81). 
Communication from the Commission to the Council and the European Parliament: Thematic strategy 
on air pollution - COM(2005) 446. 

EN 

13 

   EN 

 
 
                                                 
 
(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

primary  PM2.5  by  59%  relative  to  emissions  in  2000.  The  consequences  of  the 
amendments of Directive 98/70/EC on VOC emissions from petrol stations should be 
addressed in future legislation. 

The  Community  has  committed  itself  under  the  Kyoto  protocol  to  Greenhouse  Gas 
emission targets for the period 2008-12. Inland transport currently accounts for almost 
20% of these emissions. The Community is considering what level of Greenhouse Gas 
savings  should  be  sought  beyond  the  Kyoto  commitment.  All  sectors  will  need  to 
contribute to the future goals. 

One aspect of greenhouse gas emissions from transport has been tackled through the 
Community policy on CO2 and cars. Road fuel use makes a significant contribution to 
overall Community greenhouse gas emissions. Monitoring and reducing fuel life cycle 
greenhouse  gas  emissions  can  contribute  to  helping  the  Community  meet  its 
greenhouse gas reduction goals through the decarbonisation of transport fuel. 

The Community has adopted regulations limiting pollutant emissions from Light and 
Heavy duty Road Vehicles. The fuel specification is one of the factors that influences 
the ease with which such emission limits can be met.  

Directive 2003/30/EC of 8 May 2003 of the European Parliament and of the Council 
on the promotion of the use of biofuels or other renewable fuels for transport17 aims at 
promoting  the  use  of  biofuels  within  the  Community.  The  Community  Strategy  on 
Biofuels has been  further  elaborated  in the Communication from the Commission of 
2006  -  An  EU  Strategy  for  Biofuels18.  While  indicating  the  willingness  to  further 
develop  biofuels  and  biofuel  technology,  the  Communication  makes  clear  that  the 
growth  of  biofuels  should  not  lead  to  an  increase  in  environmental  damage  and 
emphasised  the  need  for  improving  the  greenhouse  gas  saving.  The  Communication 
also recognises the need to encourage further development of biofuel technology.  

Directive  98/70/EC  links  a  derogation  for  the  maximum  summer  petrol  vapour 
pressure to the existence of arctic or severe weather conditions. As the application of 
this has given rise to legal uncertainty, the conditions governing use of that derogation 
need to be clarified. 

Directive  97/68/EC  of  the  European  Parliament  and  of  the  Council  of  16  December 
1997  on  the  approximation  of  the  laws  of  the  Member  States  relating  to  measures 
against  the  emission  of  gaseous  and  particulate  pollutants  from  internal  combustion 
engines  to  be  installed  in  non-road  mobile  machinery19,  sets  emission  limits  for 
engines  used  in  non-road  mobile  machinery.  Fuel  needs  to  be  provided  for  the 
operation of this machinery that enables the proper functioning of these engines.  

(9) 

The  combustion  of  road  transport  fuel  is  responsible  for  around  20%  of  Community 
Greenhouse  Gas  emissions.  One  approach  to  reducing  these  emissions  is  through 

17 
18 
19 

OJ L 123, 17.5.2003, p. 42. 
An EU Strategy for Biofuels - COM(2006) 34, 8.2.2006. 
Directive  97/68/EC  of  the  European  Parliament  and  of  the  Council  of  16  December  1997  on  the 
approximation of the laws of the Member States relating to measures against the emission of gaseous 
and  particulate  pollutants  from  internal  combustion  engines  to  be  installed  in  non-road  mobile 
machinery (OJ L 59, 27.2.1998, p. 1) as amended by Directive 2004/26/CE (OJ L 146, 30.4.2004, p. 1). 

EN 

14 

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reducing the life-cycle greenhouse gas emissions of these fuels. This can be done in a 
number  of  ways.  In  view  of  the  Community's ambition to further reduce greenhouse 
gas  emissions  and  the  important  role  that  road  transport  emissions  play,  it  is 
appropriate  to  work  on  a  mechanism  requiring  fuel  suppliers  to  report  the  life-cycle 
greenhouse gas emissions of the fuel that they supply and to reduce those emissions by 
a  fixed  amount  per  year  from  2010  onwards.  As  one  of  the  consequences  of  this 
directive will be an increased possibility to use biofuels the greenhouse gas reporting 
and  reduction  mechanism  will  be  developed  in  co-ordination  with  the  provisions  of 
Directive 2003/30/EC. 

(10)  As  a  wide  range  of  business  sectors  are  involved  in  the  supply  of  the  different  fuels 
that  will  contribute  to  achieving  the  decarbonisation  of  transport  fuel,  a  full 
stakeholder  consultation  will  be  developed  in  co-ordination  with  the  provisions  of 
Directive 2003/30/EC.  

(11)  The  Commission  has  set  a  goal  of  achieving  a  minimum  10%  biofuel  share  in 
transport fuels by 2020. Continuing technical progress in the fields of automotive and 
fuel  technology  coupled  with  the  continuing  desire  to  ensure  that  the  level  of 
environmental  and  health  protection  is  optimised  necessitate  periodic  review  of  the 
fuel specifications based upon further studies and analyses of the impact of additives 
and  biofuels  component  on  pollutant  emissions.  Therefore,  the  possibility  of 
facilitating the decarbonisation of transport fuels should be regularly reported upon. 

(12)  Detergent use can contribute to keeping engines clean and thereby reducing pollutant 
emissions. At present no satisfactory way of testing fuel samples for their detergency 
properties  has  been  established.  Therefore  the  responsibility  for  informing  their 
customers  of  the  benefits  of  detergents  and  their  use  rests  with  suppliers  of  fuel  and 
vehicles. Nevertheless, the Commission should review whether further developments 
enable a better approach to optimising the use and benefit from detergents.  

(13)  The details concerning the blending of ethanol into petrol, in particular the limits on 
vapour  pressure  and  possible  alternatives  for  ensuring  that  ethanol  blends  do  not 
exceed  acceptable  vapour  pressure  limits,  should  be  reviewed  on  the  basis  of 
experience on the application of Directive 98/70/EC. 

(14)  Blending ethanol into petrol increases the vapour pressure of the resulting fuel while 
the  vapour  pressure  for  petrol  blends  has  to  be  controlled  to  limit  air  pollutant 
emissions.  

(15)  Blending ethanol in petrol results in a non-linear change of the vapour pressure of the 
resulting fuel mixture. To ensure that the vapour pressure of the petrol resulting from 
blending any two legal petrol-ethanol blends remains within the legal vapour pressure 
limit, it is necessary to define the permitted vapour pressure waiver for such mixtures 
so that it corresponds to the actual increase in vapour pressure that results from adding 
a given percentage of ethanol to petrol. 

(16) 

In  order  to  encourage  the  use  of  low-carbon  fuels  while  respecting  air  pollution 
targets, petrol refiners should ideally make available low vapour pressure petrol in the 
volumes required. As this is not for the moment the case, the vapour pressure limit for 
ethanol blends is increased in order to allow the biofuels market to develop. 

EN 

15 

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(17)  Directive  98/70/EC  provides  that  certain  measures  are  to  be  adopted  in  accordance 
with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for 
the exercise of implementing powers conferred on the Commission20. 

(18)  Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced 
a regulatory procedure with scrutiny for measures of general scope designed to amend 
non-essential elements of a basic instrument adopted in accordance with the procedure 
referred to in Article 251 of the Treaty, including by deleting some of those elements 
or by supplementing the instrument by the addition of new non-essential elements. 

(19) 

In  the  framework  of  setting  a  new  mechanism  for  monitoring  greenhouse  gas 
emissions,  power  should  be  conferred  on  the  Commission  to  establish  the 
methodology to be used in reporting on the lifecycle greenhouse gas emissions from 
road transport fuel and fuel used for non-road mobile machinery. Since those measures 
as those for the adaptation of the permitted analytical methods provided for in Article 
10  of  Directive  98/70/EC,  are  of  general  scope  and  are  designed  to  supplement  this 
Directive  by  the  addition  of  new  non-essential  elements,  they  should  be  adopted  in 
accordance with the regulatory procedure with scrutiny provided for in Article 5a of 
Decision 1999/468/EC. 

(20)  Directive  98/70/EC  provides  for  a  number  of  fuel  specifications  some  of  which  are 
now redundant. In addition, it details a number of derogations that have expired. For 
reasons of clarity it is therefore appropriate to delete these elements. 

(21)  Biofuel  technologies  are  evolving.  Further  research  is  needed  into  all  possible 
approaches  to  convert  biomass  into  transport  fuel.  It  is  therefore  appropriate  that  a 
balanced  approach  should  be  taken  to  the  limits  set  in  the  Directive  with  a  view  to 
increase, if appropriate, the use of different biofuels. These include: methanol, ethanol, 
higher order alcohols, ethers and other oxygenates. 

(22)  Directive  1999/32/EC  of  the  Council  of  26  April  1999  relating  to  a  reduction  in  the 
sulphur content of certain liquid fuels and amending Council Directive 93/12/EEC  21 
lays  down  some  aspects  of  fuel  use  in  inland  waterway  transport.  The  delimitation 
between that Directive and Directive 98/70/EC requires clarification. Both Directives 
establish limits for the maximum sulphur content of gas-oil used in inland waterway 
vessels.  In  the  interest  of  clarity  and  legal  certainty,  it  is  therefore,  appropriate  to 
adjust those Directives, so that only one act lays down this limit. 

(23)  Directive 98/70/EC and Directive 99/32/EC should therefore be amended accordingly 

(24)  Council  Directive  93/12/EEC  of  23  March  1993  relating  to  the  sulphur  content  of 
certain liquid fuels22 has been extensively amended over time and as a result no longer 
retains any elements of substance. It should therefore be repealed.  

19 

21 

22 

OJ  L  184,  17.7.1999,  p.  23.  Decision  as  amended  by  Decision  2006/512/EC  (OJ  L200,  22.7.2006, 
p. 11). 
Directive 1999/32/EC of the Council of 26 April 1999 relating to a reduction in the sulphur content of 
certain liquid fuels and amending Council Directive 93/12/EC (OJ L 121, 11.5.1999, p. 13). 
OJ L 74, 27.3.1993, p. 81, Directive as amended by Directive 1999/32/EC. 

EN 

16 

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(25)  Since  the  objectives  of ensuring  a  single  market  for  fuel  for  road  transport  and  non-
road  mobile  machinery  and  ensuring  respect  of  minimal  levels  of  environmental 
protection from use of this fuel cannot be sufficiently achieved by the Member States 
and can therefore, by reason of ensuring a single market for these fuels and facilitating 
one  for  the  vehicles  and  machinery  using  them,  be  better  achieved  at  Community 
level,  the  Community  may  adopt  measures,  in  accordance  with  the  principle  of 
subsidiarity as  set out in  Article 5 of  the Treaty. In accordance with the principle of 
proportionality,  as  set  out  in  that  Article,  this  Directive  does  not  go  beyond  what  is 
necessary in order to achieve those objectives. 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

Amendments to Directive 98/70/EC 

Directive 98/70/EC is amended as follows: 

1. 

In the first paragraph of Article 2, the following point 5 is added: 

"5.  Arctic  or  severe  winter  conditions  means  average  winter  temperatures  during 
the period from October to April in the region or Member State concerned which are 
below the average for the Community." 

2. 

(a) 

(b) 

(c) 

Article 3 is amended as follows: 

In paragraph 2, points (a) and (b) are deleted. 

In paragraph 2(c) the words "or Annex V" are added at the end of the sentence. 

Paragraph 3 is replaced by the following:  

"3.  Fuel  meeting  the  specification  set  out  in  Annex  III  shall  be  marked  in  the 
national language or languages "Low biofuel petrol". 

Fuel  meeting  the  specification  set  out  in  Annex  V  shall  be  marked  in  the  national 
language or languages "High biofuel petrol"." 

(c)  Paragraphs 4, 5 and 6 are deleted.  

(d)  Paragraph 7 is replaced by the following:  

"7.  Notwithstanding  paragraph  1,  Member  States  may  continue  to  permit  the 
marketing of small quantities of leaded petrol with a lead content not exceeding 0,15 
g/l to a maximum of 0,5 % of total sales to be used by old vehicles of a characteristic 
nature and to be distributed through special interest groups." 

EN 

17 

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3. 

Article 4 is amended as follows: 

(a) 

Paragraph 1 is amended as follows: 

i. 

ii. 

Points (a) and (b) are deleted. 

In point (d), the words "without prejudice to the provisions of 
sub paragraph c)" are deleted. 

iii.  Point (e) is replaced by the following: 

"(e) By 31 December 2008 at the latest, Member States shall ensure that diesel fuel 
may  be  marketed  on  their  territory  only  if  it  complies  with  the  environmental 
specifications set out in Annex IV." 

(b) 

Paragraph 2, 3 and 4 are deleted. 

(c) 

Paragraph 5 is replaced by the following: 

"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 after 
1 January 2008 contain less than 1000mg/kg of sulphur. By 31 December 2009 at the 
latest, the maximum permissible sulphur content of gas oils intended for use by non-
road  mobile  machinery  and  agricultural  and  forestry  tractors,  excluding  inland 
waterway vessels, shall be 10 mg/kg. 

(d) 

The following paragraph 6 is added: 

"6.  Member  States  shall  ensure  that,  by  31  December  2009  at  the  latest,  the 
maximum  permissible  sulphur  content  of  gas  oils  intended  for  use  by  inland 
waterway  vessels  is  300  mg/kg.  Member  States  shall  ensure  that  this  is  reduced  to 
10mg/kg by 31 December 2011 at the latest." 

4. 

Article 6 is amended as follows: 

(a)  The  heading  is  replaced  by  the  following:  "Marketing  of  fuels  with  more 

stringent environmental specifications and higher vapour pressure". 

(b)  The following paragraph 1a is inserted: 

"1a.  By way of derogation from Annex III, a Member State may take measures to 
ensure that in the whole of its territory or in specific areas, where these are subject to 
extremely  cold  average  winter  temperatures,  a  higher  vapour  pressure  be  permitted 
than that specified as the maximum for the summer period as set out in footnote 5 of 
Annex III and footnote 4 of Annex V."  

(c) 

In paragraph 2, the term "paragraph 1" is replaced by the term "paragraph 1 or 
1a." 

EN 

18 

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5. 

The following Articles 7a and 7b are inserted :  

"Article 7a 
Greenhouse Gas emission reductions 

1. 
From 1 January 2009, Member States shall require suppliers of fuels for road 
transport and non-road mobile machinery that are placed on the market, to monitor 
and report the life-cycle greenhouse gas emissions from those fuels.  

2. 
From 1 January 2011, Member States shall require suppliers of fuels for road 
transport and non-road mobile machinery that are placed on the market, to reduce the 
emissions of greenhouse gas emissions from those fuels. The reduction shall equal an 
additional  1%  of  the  emissions  in  2010  per  year  for  each  calendar  year  up  to  and 
including 2020. The level of life-cycle greenhouse gas emissions per unit of energy 
reported in 2020 shall be no greater than 90% of the level reported in 2010.  

3. 
The  measures  necessary  for  the  implementation  of  the  monitoring,  reporting 
and verifying of the lifecycle greenhouse gas emissions based on a precise definition 
of the elements to take into account for the calculation of these emissions to meet the 
obligations  in  paragraphs  1  and  2  of  this  Article,  designed  to  amend  non-essential 
elements of this Directive by supplementing it, shall be adopted in accordance with 
the procedure referred to in Article 11(2). 

Article 7b 
Ethanol blended into petrol 

The  measures  relating  to  the  details  concerning  the  blending  of  ethanol  into  petrol 
and,  in  particular,  the  vapour  pressure  as  set  out  in  Annex  VI  and  possible 
alternatives,  and  designed  to  amend  non-essential  elements  of  this  Directive,  inter 
alia by supplementing it, shall be adopted in accordance with the procedure referred 
to in Article 11(2)." 

6. 

The following Article 8a is inserted: 

"Article 8a 
Metallic additives 

The  Commission  shall  continue  to  develop  a  suitable  test  methodology  concerning 
the use of metallic additives in fuel." 

7. 

Article 9 is replaced by the following: 

"Article 9 
Report 

The  Commission  shall  submit  by  31  December  2012,  and  every  three  years 
thereafter, a report to the European Parliament and the Council accompanied, where 
appropriate, by a proposal. 

EN 

19 

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That report shall in particular take account of the following : 

(a) 

the use of biofuels in the framework of this Directive and the use and 
evolution  of  automotive  technology,  having  regard  to  the  goal  to 
achieve a minimum of 10% biofuel use in transport fuel by 2020, set 
out  in  the  Commission's  Strategic  Energy  Review*,  and  the  goal  of 
decarbonising transport fuel; 

(b) 

the Community policy on CO2 emissions from road transport vehicles; 

(c) 

limits of vapour pressure for ethanol blended into petrol; 

(d) 

pollutant  emission  limits  for  engines  used  in  inland  waterway 
applications  on  the  basis  of  an  examination  of  the  pollutant  and 
greenhouse gas impacts; 

(e) 

the increase of the use of detergents in fuels; 

(f) 

the use of metallic additives in fuels. 

* COM(2007)1, 10.1.2007." 

8. 

Article 11 is replaced by the following: 

"Article 11 
Committee Procedure 

1. The Commission shall be assisted by a committee. 

2. Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of 
Decision  1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8 
thereof." 

9. 

10. 

11. 

12. 

Article 14 is deleted. 

Annex I is deleted. 

Annex II is deleted. 

Annex III is amended as follows: 

Footnote 5 is modified by adding the following text: "Where fuel contains ethanol, 
the maximum summer vapour pressure may exceed 60kPa by the amount shown in 
the table in Annex VI." 

13. 

Annex IV is amended as follows: 

(a) 

in  the  row  for  "Polycyclic  Aromatic  Hydrocarbons",  the  entry  in  the 
column "Maximum" is replaced by "8". 

EN 

20 

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(b) 

Footnote 3 is replaced by the following: 

"(3)  Until  31  December  2008,  diesel  fuel  with  a  maximum  sulphur  content  of 
10mg/kg shall be marketed and available on an appropriately balanced geographical 
basis  within  the  territory  of  a  Member  State.  From  1  January  2009,  all  diesel  fuels 
marketed  within  the  territory  of  a  Member  State  shall  have  a  maximum  sulphur 
content of 10mg/kg." 

14. 

15. 

Annex V as set out in the Annex to this Directive is added. 

Annex VI as set out in the Annex to this Directive is added. 

Article 2 
Amendments to Directive 1999/32/EC 

Article 4b of Directive 1999/32/EC is amended as follows: 

(a) 

(b) 

(c) 

In paragraph 1, point (a) is deleted.  

In paragraph 2, point (b) is deleted. 

The following paragraph 2a is inserted: 

"2a.  Where inland waterway vessels that carry a certificate proving conformity with 
the International Convention for the Safety of Life at Sea, 1974 as amended, are at 
sea, they may use fuel whose specification is laid down in this Directive.  

Where  those  vessels  are  not  at  sea,  they  shall  use  fuel  as  specified  in  Directive 
98/70/EC." 

Directive 93/12/EEC is repealed. 

Article 3 
Repeal 

Article 4 
Transposition 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  by  [31  December  2008]  at  the 
latest.  They  shall  forthwith  communicate  to  the  Commission  the  text  of  those 
provisions and a correlation table between those provisions and this Directive. 

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. 

2. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

EN 

21 

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Article 5 
Entry into force 

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

Article 6 
Addressees 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the European Parliament 
The President 

For the Council 
The President 

EN 

22 

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ANNEX 
ANNEX V 

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

Type: High biofuel Petrol 

Parameter (1) 

Unit 

Limits (2) 

Minimum 

Maximum 

Research octane number 

Motor octane number 

Vapour pressure, summer period (3)  

Distillation: 

— percentage evaporated at 100 ºC 

— percentage evaporated at 150 ºC 

Hydrocarbon analysis: 

— olefins 

— aromatics 

— benzene 

Oxygen content 

Oxygenates 

— Methanol 

— 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(5)  

Sulphur content 

Lead content  

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 

mg/kg 

g/l 

95  

85 

— 

46,0 

75,0 

— 

— 

— 

— 

— 

—  

—  

—  

—  

— 

—  

— 

— 

60,0 (4) 

— 

— 

18,0  

35,0 

1,0 

3,7 

3 

10 

12 

15 

15 

22 

15 

10 

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)  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. 

(4) For Member States with arctic or severe winter conditions the maximum vapour pressure shall not exceed 70.0 kPa. Where fuel contains 
ethanol, the maximum permitted summer vapour pressure may exceed 60kPa by the amount shown in the table in annex VI 

(5) Other mono-alcohols and ethers with a final boiling point no higher than that stated in EN 228:1999. 

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   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEX VI 

VAPOUR PRESSURE WAIVER PERMITTED FOR PETROL CONTAINING 
ETHANOL 

Ethanol content (%v/v) 

Vapour pressure waiver permitted (kPa) 

0 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 

0 
3.65 
5.95 
7.20 
7.80 
8.0 
8.0 
7.94 
7.88 
7.82 
7.76 

The  permitted  vapour  pressure  waiver  for  intermediate  ethanol  content  between  the  values 
listed,  shall  be  determined  by  a  straight  line  extrapolation  between  the  ethanol  content 
immediately above and that immediately below the intermediate value. 

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