Commission staff working document accompanying the communication from the Commission to the European Parliament and the Council - Greening Transport {COM(2008) 433 final}
Date: 2008-07-08
Institutions: European Commission
Subjects: air quality, climate change, ecology, environmental protection, noise pollution, transport policy

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 8.7.2008 
SEC(2008) 2206 

COMMISSION STAFF WORKING DOCUMENT 

accompanying the 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

Greening Transport 

{COM(2008) 433 final} 

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COMMISSION STAFF WORKING DOCUMENT 

Greening Transport Inventory 

1. 

GENERAL INTRODUCTION 

Transport policy has been at the heart of EU policies since the founding of the then 
European Economic Community in 1957. Over the last 50 years it has become a key 
part  of  the  European  Union's  policies,  facilitating  economic  growth,  encouraging 
mobility  and  improving  quality  of  life  for  European  citizens.  Today  EU  transport 
policy faces new challenges posed by transport's very success: climate change, local 
pollution, noise, congestion and accidents.  

The current transport policy – first set out in 20011 and revised in 20062 – aims for 
sustainable mobility, as did the previous transport white paper.3 This means allowing 
greater mobility while reducing its negative impacts. The policy was developed – and 
will  continue  to  be  –  in  the  framework  of  the  EU's  Sustainable  Development4  and 
Lisbon  Strategies.  Environment,5  climate  change  and  energy  policies  all  play  an 
important  role  in  reducing  these  impacts,  supported  by  EU  policies  on  the  Single 
Market, Research and Cohesion. 

This inventory shows the large number and diverse measures that are already in place 
to reduce the negative impacts of transport. Knowing what already exists, what has 
been proposed, and what the Commission is planning to propose in the near future6 
will  provide  a  solid  base  on  which  to  move  forward.  This  is  essential  as  current 
trends  in  transport  growth  mean  that  its  negative  impacts  are  likely  to  worsen  over 
the  coming  years,  jeopardising  meeting  recent  political  commitments  such  as  those 
of the European Council on climate change and energy. 

The inventory begins by describing policies affecting several means of transport and 
then has a section for each main transport mode: air, maritime, inland waterway, rail 
and  road.  Each  section  is  divided  according  to  the  main  negative  impacts:  climate 
change;  regional  and  local  pollution,  noise  pollution,  congestion  and  accidents. 
Where  a  measure  could  fit  in  more  than  one  category,  it  is  placed  in  the  one  that 
concerns  its  principle  objective  and  a  cross-reference  is  made  to  this  in  other 

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6 

White Paper - European transport policy for 2010: time to decide, COM (2001) 370 
Communication  from  the  Commission  to  the  Council  and  the  European  Parliament  Keep  Europe 
moving - Sustainable mobility for our continent Mid-term review of the European Commission’s 2001 
Transport White Paper COM (2006) 314 
Communication  from  the  Commission:  The  future  development  of  the  common  transport  policy,  a 
global approach to the construction of a Community framework for sustainable mobility, COM (92) 494 
Council  of  the  European  Union:  Review  of  the  EU  Sustainable  Development  Strategy  (EU  SDS)  – 
Renewed Strategy adopted by the European Council on 15/16 June 2006, 10917/06 
Decision 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the 
Sixth Community Environment Action Programme, OJ L 242, 10.9.2002, p. 1 
The cut off date for inclusion is 31.3.2008. 

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sections. Where no measure is mentioned this means that none has been found with 
significant impacts. 

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2. 

GENERAL MEASURES 

This section presents the general EU measures that affect several transport sectors. 

2.1.  Multiple-impact measures 

This section presents measures which transcend some or all of the different impacts 
of mobility: climate change, local pollution, noise, congestion and accidents. 

2.1.1.  Economic Instruments 

There  are  common  EU  rules7  for  taxing  motor  fuels.  Minimum  rates  are  set 
depending on the type of fuel, and some are being progressively raised up to 2012. 
Alternative  fuels,  such  as  LPG  and  natural  gas,  are  treated  favourably,  as  are 
biofuels.  In  2007  the  Commission  proposed8  amending  the  minimum  tax  rates  and 
rules,  including  increasing  the  minimum  tax  rates  for  unleaded  petrol  and  gas  oil. 
Where  sector-specific  rules  exist,  more  details  on  them  are  given  in  the  respective 
chapters. 

In general, the Commission encourages the use of market-based instruments both at 
Community and national levels and, in 2007, it launched a stakeholder consultation 
on further use of market-based instruments for environmental purposes, including on 
transport fuels, infrastructure and emissions.9 One of the follow-up actions will be a 
review of the Energy Taxation Directive, currently planned for 2008, which will aim 
to bring it more closely into line with the EU's climate and energy policies.  

State  aids,  such  as  subsidies,  tax  breaks  or  contracts,  can  be  allowed  for 
environmental  purposes  in  some  specific  cases.  These  cases  are  defined  in 
guidelines,  which  are  either  specific  to  a  mode  of  transport  or  common  for  all 
environmental state aids.10 These common guidelines state that the overall effect on 
the environment has to be positive and go beyond what is required by EU legislation. 
The guidelines do not cover environmental aid for transport infrastructure and aid for 
the  design  and  manufacture  of  more  fuel-efficient  means  of  transport.  They  also 
stress  the  importance  of  encouraging  the  acquisition  of  all  types  of  clean  transport 
vehicles in order to fight global climate change and reduce local pollution.  

In  2008,  at  the  same  time  as  the  publication  of  this  Inventory,  the  Commission 
presented  a  strategy  on  the  internalisation  of  external  costs  in  transport.  This 
underlined the importance of ensuring that transport users pay the full costs of their 
environmental and social impacts and set out how EU action can contribute to this. 

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Council Directive 2003/96/EC of 27 October 2003 restructuring the community framework for taxation 
of energy products and electricity, OJ L 283, 31.10.2003, p. 51, as amended. 
Proposal for a Council Directive amending Directive 2003/96/EC as regards the adjustment of special 
tax  arrangements  for  gas  oil  used  as  motor  fuel  for  commercial  purposes  and  the  coordination  of 
taxation of unleaded petrol and gas oil used as motor ful, COM (2007) 52 
Green  Paper  on  market-based  instruments  for  environment  and  related  policy  purposes,  COM  (2007) 
140 
Community Guidelines on State Aid for Environmental Protection, (2008/C 82/01), OJ C 82, 1.4.2008, 
p. 1 

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The EU also provides a wide-range of funding through the Cohesion11 and European 
Regional  Development  Funds.12  Those  Member  States  eligible  for  the  Cohesion 
Fund  can  now  use  the  fund  to  support  transport  projects  (other  than  the  Trans-
European  Networks)  which  have  clear  environmental  benefits,  including  rail  river 
and  sea  transport,  inter-modal  systems,  traffic  management,  clean  urban  transport 
and public transport. 

2.1.2.  Regulatory instruments 

EU  rules13  to  encourage  combined  transport  aim  to  improve  road  safety,  reduce 
environmental  impacts  and  reduce  congestion  by  providing  an  alternative  to  road 
transport. They liberalise the sector and require reimbursement of road vehicle excise 
duties  proportional  to  the  distance  that  the  vehicle  is  transported  by  rail,  while 
allowing total exemption for road vehicles from vehicle excise duties if they are only 
used  in  combined  transport.  They  also  require  load  documentation  to  state  where 
combined transport will be unloaded from and loaded onto road transport. 

2.1.3. 

Infrastructure 

EU  rules  on  environmental  assessment14  require  that  before  certain  infrastructure 
projects  begin  their  environmental  impacts  are  assessed  and  environmental 
authorities  and  the  public  are  consulted.  These  requirements  cover  projects  over  a 
certain  size15  in  all  transport  modes.  Member  States  are  required  to  screen  other 
projects16  to  determine  whether  such  an  assessment  is  required  and  conduct  one  if 
they consider it necessary.  

A  strategic  environmental  assessment  is  also  required17  for  policy  plans  and 
programmes  prepared  for  transport  and  which  set  the  framework  for  future 

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Council Regulation 1084/2006 of 11 July 2006 establishing a Cohesion Fund and repealing Regulation 
1164/94, OJ L 412, 30.12.2006, p. 5 
Council  Regulation  1080/2006  of  the  European  Parliament  and  of  the  Council  of  5  July  2006  on  the 
European Regional Development Fund and repealing Regulation 1783/1999, OJ L 210, 31.7.2006, p. 1 
Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain 
types of combined transport of goods between Member States, OJ L 368, 17.12.1992, p. 38 
Council Directive 85/337/EEC of 27 June 1985 on the assessment of certain public and private projects 
on the environment, OJ L 175, 5.7.1985, p. 40, as amended. 
The projects for which this is mandatory (Annex I to the directive) are, (i) construction of lines for long-
distance railway traffic and of airports with a basic runway length of 2100m or more; (ii) construction 
of motorways and express roads; (iii) construction of new road of four or more lanes, or realignment 
and/or widening of an existing road of two lanes or less so as to provide four or more lanes, where such 
new road, or realigned and /or widened section of road would be 10 km or more in continuous length; 
(iv) inland waterways and ports for inland-waterway traffic which permit the passage of vessels of over 
1 350  tonnes;  (v)  trading  ports,  piers  for  loading  and  unloading  connected  to  land  and  outside  ports 
(excluding ferry piers) which can take vessels of over 1 350 tonnes. 
Including  (Annex  II  to  the  directive)  car  parks,  the  construction  of  railways  and  inter-modal 
transhipment facilities, and of inter-modal terminals; the construction of airfields; construction of roads, 
harbours  and  port  installations,  including  fishing  harbours;  inland  waterway  construction  and 
canalisation;  tramways,  elevated  underground  railways,  suspended  lines  or  similar  lines  used 
exclusively or mainly for passenger transport; permanent racing and test tracks for motorised vehicles; 
marinas. 
Directive  2001/42/EC  of  the  European  Parliament  and  of  the  Council  of  27  June  2001  on  the 
assessment of the effects of certain plans and programmes on the environment, OJ L 197, 21.7.2001, p. 
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infrastructure  projects  listed  in  the  EU  rules  on  environmental  assessment.  This 
assessment must result in the identification, description and evaluation of the likely 
significant environmental effects, as well as of the reasonable alternatives. 

The  Trans-European  Networks  for  Transport  (TEN-T)  aim  to  promote  the 
interconnection  and  interoperability  of  national  networks  and  access  to  these 
networks. There are currently 97 600 km of rail (of which 10 680 km of High Speed 
Line),  98 500  km  of  roads  (of  which  48 200  km  of  motorways)  and  15 550  km  of 
inland  waterways.  The  guidelines  also  define  30  priority  projects,  most  of  which 
promote  rail,  intermodal,  maritime  and  inland  waterway  transport.  Implementing 
these projects by 2020 has been estimated to reduce the increase in CO2 emissions by 
four  percentage  points  (34%  increase  instead  of  38%),  assuming  that  emissions 
continue to rise at the current rate.18 

The  EU  guidelines19  for  the  development  of  the  TEN-T  network  require  strategic 
environmental assessments and environmental impact assessments to be carried out 
for  all  projects,  as  well  as  all  EU  environmental  legislation  to  be  respected.  Only 
under  very  restricted  conditions  can  compensatory  measures  be  taken  to  allow  the 
project to go ahead. 

The Commission recently selected 78 multi-annual TEN-T priority projects over the 
period 2007-2013, for an overall amount of €5.1 billion. Funding is focused on the 
rail (74.2%) and inland waterways (11.5%) sectors. 

In  preparation  for  the  revision  of  the  TEN-T  guidelines  to  cover  the  period  after 
2010, the Commission will produce a Green Paper in autumn 2008. This will look at 
the  policy's achievements  and  draw the lessons to be learnt, as well as how best to 
take  forward  this  policy  in  the  years  to  come.  Given  the  Commission's  desire  to 
reinforce  the  sustainable  development  dimension  of  transport  and  to  respond  to  the 
global challenge of climate change, the Green Paper will see how TEN-T policy can 
best contribute to these goals. 

The  Marco  Polo  II  programme20  aims  to  shift  a  substantial  part  of  the  expected 
increase  in  international  road  freight  traffic  to  short-sea  shipping,  rail  and  inland 
waterways, or to a combination of modes of transport in which road journeys are as 
short  as  possible.  It  should  hence  reduce  environmental  impacts  through  a  modal 
shift.  The  programme,  which  will  run  until  the  end  of  2013,  finances  projects  that 
stimulate  modal  shift  or  traffic  avoidance,  promote  cooperation  and  know-how 
sharing,  as  well  as  innovative  actions  to  improve  synergies  between  modes,  and 
"motorways of the sea" (see section 4.1.2.1). 

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Communication  from  the  Commission:  Trans-European  Networks:  Towards  and  integrated  approach, 
COM (2007) 374 
Decision 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community 
guidelines for the development of the trans-European transport network, OJ L 228, 9.9.1996, p. 1-104, 
as amended by Decision 884/2004/EC of the European Parliament and of the Council of 29 April 2004  
Regulation 1692/2006 of the European Parliament and of the Council of 24 October 2006 establishing 
the second "Marco Polo" programme for the granting of Community financial assistance to improve the 
environmental  performance  of  the  freight  transport  system  (Marco  Polo  II)  and  repealing  Regulation 
1382/2003, OJ L 328, 24.11.2006, p. 1 

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2.1.4.  Urban transport 

Urban road transport is estimated to account for 40% of all EU CO2 emissions and 
around  70%  of  all  other  pollutant  emissions.  In  the  second  half  of  2008,  the 
Commission  will  produce  an  action  plan  on  urban  mobility  to  address  some  of  the 
issues surrounding urban mobility. This will build on its 2007 Green Paper21 and the 
ensuing stakeholder consultations and also address the issue of urban transport plans, 
raised  by  the  Commission  in  2006  in  its  urban  environment  strategy.22  The 
Commission has also underlined the importance of both public transport and cycling 
and  walking  for  public  health  in  terms  of  both  reducing  emissions  and  promoting 
physical activity.23 

2.1.5.  Research and Technology 

EU  research  policy  is  currently  being  channelled  through  the  7th  Framework 
Research Programme,24 which covers the period up to the end of 2013. This contains 
actions  on  transport,  the  environment  and  energy,  as  well  as  information  and 
communications  technologies  which  have  an  impact  on  all  of  these  areas.  The 
relevant actions are covered in the individual chapters. 

2.1.6.  Global Navigation Satellite Systems 

Accurate satellite navigation providing global positioning systems will stimulate the 
use of advanced technologies, which themselves should allow improved traffic flow 
management  and  avoid  accidents  that  could  cause  environmental  damage.  The 
Commission is currently involved in two Global Navigation Satellite System (GNSS) 
projects: EGNOS and GALILEO. EGNOS (the European Geostationary Navigation 
Overlay  Service)  aims  to  add  to  the  two  military  satellite  navigation  systems  now 
operating,  the  American  GPS  and  Russian  GLONASS  systems,  and  makes  them 
suitable  for  uses  where  safety  is  critical.  It  is  in  its  pre-operational  phase.  The 
GALILEO system will be more accurate than the current GPS, allowing detail of up 
to  one  metre  for  commercial  applications.  This  will  increase  the  potential  for 
avoiding negative environmental impacts. It should be operational in 2013.25 

2.2. 

Climate change 

In  2002,  the  EU  ratified  the  Kyoto  Protocol  to  the  United  Nations  Framework 
Convention  on  Climate  Change.  This  committed  the  EU  as  a  whole  to  an  8% 
reduction in greenhouse gas emissions by 2008-12 compared to 1990. More recently, 
in March 2007, the EU committed itself to achieving a 20% reduction in greenhouse 

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Green Paper – Towards a new culture for urban mobility, COM (2007) 551 
Communication from the Commission to the Council and the European parliament on thematic Strategy 
on the Urban Environment, COM (2005) 718 
White Paper on a Strategy for Europe on Nutrition, Overweight and Obesity-related health issues, COM 
(2007) 279. 
Decision  1982/2006/EC  of  the  European  Parliament  and  of  the  Council  of  18  December  2006 
concerning the Seventh Framework Programme of the European Community for research, technological 
development and demonstration activities (2007-2013), OJ L 412, 30.12.2006, p. 1 
Communication  from  the  Commission  to  the  European  Parliament  and  the  Council  –  Progressing 
GALILEO: Re-Profiling the European GNSS Programmes, COM (2007) 534 

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gas26  emissions  by  2020  and  a  30%  reduction  if  this  is  part  of  an  international 
agreement.  

To  meet  the  20%  target,  the  Commission  proposed,  in  2008,  concrete  targets  for 
changes  in  greenhouse  gas  emissions  between  2013  and  2020  for  each  Member 
State.27 Some Member States are allowed to increase emissions, while others should 
decrease them. These targets cover the sectors – such as transport – that are not in the 
European  Union's  Emissions  Trading  System  (ETS).28  It  will  be  for  the  Member 
States to decide how the changes are to be divided up between sectors; however, it is 
a  general  principle  that  all  sectors  of  the  economy  should  contribute  to  the  overall 
reduction targets.  

Increasing energy efficiency in transport will automatically lead to fewer emissions 
per  kilometre  and  will  hence  contribute  to  reduced  greenhouse  gas  and  pollutant 
emissions, as well as to reducing dependency on oil imports. In 2007 the European 
Council agreed to a target of increasing energy efficiency by 20% by 2020 compared 
to  the  business-as-usual  growth  that  would  otherwise  take  place.  The  Energy 
Efficiency Action Plan29 highlights the importance of improving energy efficiency in 
the transport sector because it is the sector that consumes the bulk of oil products and 
has  the  fastest  growing  emission  profile.  The  plan  contains  many  transport  mode-
specific actions; these are described in each of the chapters. 

Cleaner fuels and fuels from renewable energy sources can reduce the environmental 
impact of transport. The European Council committed the EU to increase the use of 
renewable energy by 20% by 2020. The Commission recently proposed that 10% of 
petrol and diesel used for transport should come from sustainable biofuels by 2020. 
In the 2006 review of the Sustainable Development Strategy the Commission said it 
and Member States should develop a long term and coherent EU fuel-strategy. 

2.2.1.  Economic Instruments 

The Commission has proposed that commercial aviation is included in the ETS (see 
section 3.1.1.2). 

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29 

The  greenhouse  gases  include  carbon  dioxide  (CO2),  methane  (CH4),  nitrous  oxides  (N2O), 
hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride (SF6) 
Proposal for a decision of the European Parliament and of the Council on the effort of Member States to 
reduce  their  greenhouse  gas  emissions  to  meet  the  Community's  greenhouse  gas  emission  reduction 
commitments up to 2020, COM (2008) 17 
Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a 
scheme for greenhouse gas emission allowance trading within the Community and amending Council 
Directive 96/61/EC, OJ L 275, 25.10.2003, p. 32. Directive as amended by Directive 2004/101/EC OJ L 
338, 13.11.2004, p. 18. 
Communication  from  the  Commission:  Action  Plan  for  Energy  Efficiency:  Realising  the  Potential, 
COM (2006) 545 

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2.2.2.  Regulatory Instruments 

In  2007  the  Commission  proposed30  that  fuel  suppliers  will  have  to  reduce  the 
greenhouse gas emissions their fuels – including fuels for inland waterway transport 
- cause over their life-cycle (i.e. refining, transportation and use).  Based  on figures 
that would have to be reported by fuel suppliers from 1 January 2009, the suppliers 
would have to reduce their emissions by 1% a year from 2011 to 2020, resulting in a 
10%  reduction  overall.  This  has  been  estimated  to  lead  to  a  reduction  in  EU 
greenhouse gas emissions of 500 million tonnes of CO2 by 2020. 

2.2.3. 

Infrastructure 

Transport infrastructure includes many thousands of airports, port terminals, stations 
and car parks. EU rules31 require that minimum energy performance measures to be 
put  in  place  when  buildings  with  a  useful  floor  area  of  more  than  1 000  m²  are 
renovated or constructed. This includes the performance of air-conditioning, boilers, 
lighting and heating. 

2.2.4.  Research and Technology 

New  energy  technologies  can  make  a  significant  contribution  to  both  reducing 
energy use in transport, and reducing its environmental impacts. The Commission's 
Strategic  Energy  Technology  plan32  identified  the  main  challenges  for  the  next  10 
years in order to meet the 2020 emissions targets for greenhouse gas reductions, as 
well as to meet the 2050 vision of a reduction of these emissions by 60-80%. These 
included the following transport-related challenges: 

–  making second generation biofuels  competitive alternatives to fossil fuels, while 

respecting the sustainability of their production; 

–  bringing  to  mass  market  more  efficient  energy  conversion  and  end-use  devices 

and systems in transport, such as fuel cells; 

–  achieving a breakthrough in the cost-efficiency of energy storage technologies; 

–  developing  the  technologies  and  create  the  conditions  to  enable  industry  to 

commercialise hydrogen fuel cell vehicles. 

The  EU  plan  said  that  in  2008  the  Commission  will  launch  a  "bio-energy  Europe 
Initiative" focusing on 'next generation' biofuels within the context of an overall bio-
energy  strategy.  This  will  be  a  European  Industrial  Initiative  aiming  to  align  the 

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32 

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 
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, COM (2007) 18 
Directive  2002/91/EC  of  the  European  Parliament  and  of  the  Council  of  16  December  2002  on  the 
energy performance of buildings, OJ L 65, 4.1.2003, p. 65 
Communication form the Commission to the council, the European Parliament, the European Economic 
and  Social  Committee  and  the  Committee  of  the  Regions:  A  European  Strategic  Energy  Technology 
Plan (SET-Plan), COM (2007) 723 

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efforts  of  Member  States,  the  Community  and  industry  to  achieve  measurable 
objectives. 

Commission  initiatives  in  other  sectors  also  have  an  influence  on  the  energy 
efficiency  of  transport.  For  example,  ongoing  Commission  work  on  the  role  of 
information and communication technologies33 will also have an influence. 

2.3. 

Local pollution 

2.3.1.  Air pollution 

2.3.1.1.  Regulatory Instruments 

EU air quality rules34 require Member States to limit the concentration of pollutants 
such  as  benzene,  carbon  monoxide,  lead,  nitrogen  dioxide,  particulates  and  sulphur 
dioxide  in  ambient  air35  and  to  draw  up  action  plans  when  the  concentrations  risk 
being  exceeded.  The  rules  specifically  state  that  these  measures  can  include 
suspending motor vehicle traffic. If the concentrations are exceeded, Member States 
must draw up a plan or programme to meet the limit values. This plan has to include 
information  on  where  the  pollution  comes  from,  such  as  transport  or  cross-border 
transport, its quantity and quality. New simplified rules were adopted in 2008 which 
added an additional category for fine particles (PM2.5).36 

EU  air  emissions  rules37  also  require  Member  States  to  limit  the  total  national 
emissions  of  sulphur  dioxide,  nitrogen  oxides,  volatile  organic  compounds  and 
ammonia  by  2010.  The  emissions  limits  ("ceilings")  differ  from  country  to  country 
and  pollutant  to  pollutant.  Member  States  are  required  to  draw  up  national 
programmes to achieve the reductions required. In 2008 the Commission will report 
on progress and propose new, reduced ceilings for the period 2010-2020.  

Emissions  from  international  maritime  traffic  and  aircraft  emissions  beyond  the 
landing  and  take-off  cycle38  are  not  included  in  these  emissions  ceilings. 
Nevertheless, the Commission and Member States are required to have bilateral and 

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36 

37 

38 

Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions  -  Addressing  the  challenge  of 
energy efficiency through information and communication technologies, COM (2008) 241 
Council Directive 96/62/EC of 27 September 1996 on ambient air quality and management, OJ L 296, 
21.11.1996, p. 55, 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, OJ L 163, 
29.6.1999, p. 41, Directive 2000/69/EC of the European Parliament and of the Council of 16 November 
2000 relating to limit values for benzene and carbon monoxide in ambient air, OJ L 313, 13.12.2000, p. 
12;  Directive  2004/107/EC  of  the  European  Parliament  and  of  the  Council  of  15  December  2004 
relating  to  arsenic,  cadmium,  nickel  and  polycyclic  aromatic  hydrocarbons  in  ambient  air,  OJ  L  23, 
26.1.2005, p. 3 
The concentrations are given in Annex I 
Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air 
quality and cleaner air for Europe, OJ L 152, 11.6.2008, p. 1-44 
Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national 
emission ceilings for certain atmospheric pollutants, OJ L 309, 27.11.2001, p. 22 
This  is  defined  in  Article  3(g)  of  the  directive  as,  a  cycle  represented  by  the  following  time  in  each 
operating  mode:  approach  4  minutes;  taxi/ground  idle  26  minutes,  take-off  0.7  minutes;  climb  2.2 
minutes) 

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multilateral cooperation with third countries and relevant international organisations 
(including the International Maritime Organisation (IMO) and the International Civil 
Aviation  Organisation  (ICAO)),  to  improve  the  scientific  basis  for  emissions 
reductions.  By  the  end  of  2002,  the  Commission  was  required  to  report  to  the 
Council  and  European  Parliament  on  the  extent  to  which  emissions  from 
international  maritime  traffic,  and  aircraft  beyond  the  landing  and  take-off  cycle 
contribute  to  acidification,  eutrophication  and  the  formation  of  ground-level  ozone 
with the EU, including setting out a programme of actions which could be taken at 
international and Community level to reduce emissions from these sectors. 

EU  rules  exist  to  limit  the  emissions  of  volatile  organic  compounds  during  the 
storage,  loading,  distribution  and  unloading  of  petrol  (not  LPG).39  These  consist  of 
technical design requirements that apply to most cases40 of storage, loading, transport 
and unloading.  The Commission will present a  proposal to revise these rules at the 
end of 2008. 

2.3.1.2.  Research and Technology 

Air pollution has been an important element of past framework research programmes 
and  will  continue  to  be  a  key  issue  in  the  transport  theme  of  the  7th  "Cooperation" 
specific programme. 

2.3.2.  Water pollution and Flooding 

Waterborne transport requires a minimum and a maximum amount of water in order 
to  function;  both  drought  and  flooding  have  a  negative  influence.  Waterborne 
transport also has potentially negative effects on water quality through emissions and 
spillages, both accidental and intentional. 

In  October  2007  the  Commission  proposed  an  integrated  maritime  policy  for  the 
EU,41  including  an  action  plan.42  One  important  action  is  for  the  Member  States  to 
draw up integrated maritime policies. In 2008, the Commission will propose a set of 
guidelines  for  these  policies  and  from  2009  it  will  report  on  their  implementation. 
Other relevant actions in the action plan are presented separately in this inventory. 

39 

40 

41 

42 

European Parliament and Council Directive 94/63/EC of 20 December 1994 on the control of volatile 
organic  compound  (VOC)  emissions  resulting  from  the  storage  of  petrol  and  its  distribution  from 
terminals to service stations, OJ L 365, 31.12.1994, p. 24 
Directive  94/63/EC  covers  the  loading  and  unloading  of  mobile  containers  at  terminals  built  before 
2006 with an annual throughput of greater than or equal to 10 000 tonnes per year, or of greater than or 
equal  to  5  000  tonnes  per  year  if  the  terminal  was  built  after  2005;  mobile  containers  (i.e.  tankers), 
unless  they  were  in  service  before  2006  and  use  dipsticks  for  measuring;  and  loading  into  storage  at 
service  stations  with  a  throughput  greater  than  or  equal  to  100m³/year,  or  greater  than  or  equal  to 
500m³/year  if  the  station  is  situated  in  an  area  or  site  where  the  vapour  emissions  are  unlikely  to 
contribute significantly to environmental or health problems. 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  The  European 
economic and Social Committee and the Committee of the Regions: An Integrated Maritime Policy for 
the European Union, COM(2007) 575 final 
Commission  staff  working  document  -  Accompanying  document  to  the  Communication  from  the 
Commission to the European Parliament, the Council, the European Economic and Social Committee 
and the Committee of the Regions - An Integrated Maritime Policy for the European Union SEC (2007) 
1278 

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2.3.2.1.  Regulatory Instruments 

EU  rules43 set objectives for all  waters, which have to be achieved by 2015. These 
concern both water quality and quantity: for surface waters44 good econological and 
chemical  status  and  for  groundwater  good  quantitative  and  chemical  status..  There 
are exceptions – for example where the "water body" has been heavily modified for 
inland navigation, or where alternative means of transport or types of infrastructure 
would be technically impossible, prohibitively expensive or produce a worse overall 
environmental result. Member States have to put in place measures to achieve these 
goals, including in the transport sector if its emissions adversely affect water quality. 

EU rules on marine water quality are similar, requiring, with some exception, good 
environmental  status45  by  2020.  Member  States  have  to  take  measures  to  achieve 
this. 

EU  rules  on  flood  risk  management46  require  Member  States  to  assess  the  risks  of 
flooding in their rivers and coastal zones by 2011, to develop hazard and risk maps 
by 2013 and to develop flood risk management plans by 2015. In all cases the type of 
economic  activity  has  to  be  considered,  which  will  include  transport  infrastructure 
and  fuel  storage.  Navigation  and  port  infrastructure  are  explicitly  mentioned  as  the 
type of aspects that have to be taken into account. 

2.3.2.2.  Research and Technology 

In mid-2008, the Commission will publish a European Maritime Research Strategy. 
This will include consideration of greening maritime transport. 

2.3.3.  Nature protection, soil pollution and waste 

2.3.3.1.  Regulatory Instruments 

EU  rules47  limit  the  possibilities  for  undertaking  any  projects,  including  transport 
infrastructure  projects,  which  could  have  a  significant  negative  impact  on  sites 
important for biodiversity. They require an assessment of the potential impacts and 
only  allow  the  project's  approval  if  it  will  have  no  adverse  effect,  or  if  there  is  an 
overriding  public  interest  and  compensatory  measures  are  taken  by  the  Member 
State. 

43 

44 

45 

46 

47 

Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a 
framework for Community action in the field of water policy, OJ L 327, 22.12.2000, p. 1 
Surface waters extend up to one nautical  mile beyond the territorial waters of the EU Member States 
and include inland waterways, estuaries and coastal waters. 
Defined as defined as "where these provide ecologically diverse and dynamic oceans and seas which are 
clean, healthy and productive within their intrinsic conditions and the use of the marine environment is 
at a level that is sustainable, thus safeguarding the potential for uses and activities by current and future 
generations". 
Directive  2007/60/EC  of  the  European  Parliament  and  of  the  Council  of  23  October  2007  on  the 
assessment and management of flood risks, OJ L 288, 6.11.2007, p. 27 
Council Directive 92/43/EC of 21 May 1992 on the conservation of natural habitats and of wild fauna 
and flora, OJ L 206, 22.7.1992, p. 7 

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EU  rules48  place  a  general  obligation  on  Member  States  to  ensure  that  waste  – 
including from transport – is disposed of without human health impacts and without 
using  processes  or  methods  which  could  harm  the  environment.  These  rules  also 
require Member States to take all necessary measures to prohibit the abandonment, 
dumping or uncontrolled disposal of waste. 

Specific EU rules exist49 for the collection and disposal of waste oils, which means 
any mineral-based lubrication or industrial oils, in particular for combustion engines 
and gearboxes and oils for turbines and hydraulics. These include a specific ban on 
their discharge to waters and soil. 

Other EU rules exist50 that ban the disposal of used and shredded tyres in landfills. 
EU rules51 ban the incineration or disposal in landfills of batteries and accumulators 
from automotive or industrial (which also includes electric vehicles) sources unless 
they  have  been  properly  treated.  They  also  require  Member  States  to  ensure  that  a 
collection scheme is established for automotive batteries and accumulators and that 
they are labelled in a particular way. 

The  Commission  has  proposed  EU  rules52  to  protect  soils  and  prevent  their 
degradation  that  would  cover  sites  where  some  transport  activities  take  place.  The 
rules would  include both  monitoring  and assessment of existing  and  future impacts 
and obligations to limit soil sealing or remediate its effects 

2.4. 

Noise 

2.4.1.  Regulatory Instruments 

EU noise rules53 require Member States to monitor and map noise, as well as draw 
up action plans to prevent and reduce noise and preserve it where its quality is good. 
It is for Member States to determine both the appropriate limit values, which may be 
different  from  both  different  sources  in  different  locations,  and  the  necessary 
measures. For major transport sources54 noise mapping should have been carried out 
by 30 June 2007 and action plans drawn up by 18 July 2008. For other sources within 
urban  areas  with  more  than  100 000  inhabitants  the  dates  are  30  June  2012  and  18 
July 2013 respectively. Noise from ports has to be considered within the urban areas 
in which they belong. 

48 

49 
50 
51 

52 

53 

54 

Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste, OJ L 
114, 27.4.2006, p. 9 
Council Directive of 16 June 1973 on the disposal of waste oils, OJ L 194, 25.7.1975, p. 23 
Council Directive of 26 April 1999 on the landfill of waste, OJ L 182, 16.7.1999, p. 1 
Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries 
and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC, OJ L 266, 
26.9.2006, p. 1 
Proposal for a directive of the European Parliament and of the Council establishing a framework for the 
protection of soil and amending Directive 2004/35/EC, COM (2006) 232 
Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the 
assessment and management of environmental noise, OJ L 189, 18.7.2002, p. 12-25. 
Sources  with,  annually,  roads  with  more  than  3  million  vehicle  passages,  railways  with  more  than 
30 000  passages  and  airports  with  more  than  50 000  movements  excluding  training  purposes  in  light 
aircraft 

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In  addition  the  directive  requires  the  Commission  to  propose  by  18  July  2006 
appropriate  legislation  to  reduce  noise  emitted  by  major  sources  and  in  particular 
road and rail vehicles and infrastructure and aircraft.55 

2.4.2.  Research and Technology 

There  are  three  projects  of  particular  interest  being  financed  by  the  6th  Research 
Framework Programme: 

–  QCITY  which  is  developing  an  integrated  technology  infrastructure  for  the 
efficient control of road and rail ambient noise, thereby providing local authorities 
with the tools to create noise maps and action plans according to EU noise rules 
(see  section  2.4.1),  as  well  as  giving  them  a  broad  range  of  validated  technical 
solutions for problems they encounter with "hot spots" in particular cities; 

–  SILENCE which deals with the global modelling, perception, measureing systems 
and  city  planning  of  noise  in  urban  areas,  including  road  transport,  as  well  as 
trams, metro systems, freight and suburban trains; 

–  IMAGINE (Improved Methods for the Assessment of the Generic Impact of Noise 
in  the  Environment).56  Building  on  a  previous  EU  project,  "Harmonize"  which 
developed  harmonised  computation  methods  for  road  and  railway  noise,  the 
project  extended  this  to  aircraft  and  industrial  noise  sources,  including  taking 
exampes and databases to support the implementation of harmonised computation 
methods. 

2.5. 

Congestion 

2.5.1. 

Infrastructure 

Improved freight logistics should result in less congestion, greater efficiency and less 
environmental  impacts  per  unit  transported.  At  the  same  time  a  more  diverse 
distribution  in  the  use  of  European  ports  would  reduce  inland  transport  needs.  In 
2007 the Commission produced a freight transport agenda57 including initiatives on 
rail  freight  (see  section  6)  and  on  ports  policy  (see  section  4),  as  well  as  a  cross-
cutting action plan on freight transport logistics.58 Included within this is the idea of 
green  transport  corridors,  which  should  allow  more  traffic  on  existing  corridors 
between  major  hubs,  while  encouraging  environmental  sustainability  and  energy 
efficiency.  In  practical  terms  this  concept  should  mean  suitable  transhipment 
facilities  and  supply  points  for  biofuels  with  other  alternative  fuels  possibly  being 
covered later. 

A further focus of the Commission's work is on freight transport in urban areas. In 
2008  it  will,  in  the  context  of  the  Urban Transport  Action  Plan  (see  section  2.1.4), 

55 

56 
57 

58 

The Commission has declared (OJ L 189, 18.7.2002, p. 26) that, in line with the Treaty provisions, it 
reserves the right to decide as and when it would be appropriate to present any such proposals. 
www.imagine-project.org 
Communication  from  the  Commission  –  The  EU's  freight  transport  agenda:  Boosting  the  efficiency, 
integration and sustainability of freight transport in Europe, COM (2007) 606 
Communication from the Commission – Freight Transport Logistics Action Plan, COM (2007) 607 

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identify  areas  for  further  action  on  urban  transport  logistics  and  will  reinforce  the 
freight part of CIVITAS.59 In 2011 it will make recommendations for benchmarks or 
indicators to measure the efficiency and sustainability of delivery and terminals. 

59 

The  CIVITAS  Initiative  helps  cities  to  implement  and  test  innovative  and  integrated  strategies  that 
address  energy  and  transport  objectives.  More  information  is  available  here  -  http://www.civitas-
initiative.eu/ 

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3. 

AIR TRANSPORT 

Air traffic in the EU tripled between 1980 and 2000 greatly increasing mobility and 
quality  of  life;  and  traffic  is  predicted  to  double  again  in  the  next  20  years.  The 
opening  of  the  EU's  air  transport  market  has  radically  changed  the  market  for 
passenger  transport,  particularly  for  short-haul  flights.  Air  cargo  transport  is  also 
increasing,  above  all  on  inter-continental  routes.  It  often  consists  of  valuable, 
perishable or time-critical goods. 

At  the  EU  level,  the  2006  Mid-Term  Review  of  the  Transport  White  Paper 
underlined the need for measures to reduce the negative environmental effects caused 
by rapid growth of traffic, whilst maintaining the competitiveness of the sector. More 
specifically,  in  1999,  the  Commission  produced  a  communication  on  air  transport 
and  the  environment60  which  highlighted  the  increasing  environmental  and  health 
impacts  and  the  fact  that  these  were  likely  to  continue.  The  communication  set  a 
long-term  goal  of  reducing  the  environmental  impact  of  the  sector  and  highlighted 
various initiatives to do this. 

The  international  context  is  particularly  important  for  air  transport.  The  1944 
Chicago  Convention  on  International  Civil  Aviation  set  up  the  International  Civil 
Aviation  Organisation  (ICAO).  ICAO's  work  forms  the  basis  for  the  international 
civil  aviation  transport  market  and  also  for  most  environmental  measures  affecting 
the sector.61 While the ICAO's requirements (detailed in annexes to the Convention) 
are not directly applicable in national law, Member States are required to transpose 
them, notify ICAO about how they have done this and where they have transposed 
them  differently.  Member  States  are  full  members  of  ICAO  in  their  own  right  in 
matters that are not covered by Community law; the EU has observer status. The EU 
requires  the  European  Aviation  Safety  Agency  to  develop  European  requirements 
that follow the ICAO requirements (see section 3.5.1). 

3.1. 

Climate change 

The Commission's approach to greenhouse gas emissions from aviation is to favour 
measures being taken at the international level,62 but to take action at the EU level if 
this  is  not  fruitful.  In  2005  it  adopted  a  detailed  strategy  for  reducing  the  climate 
change  impact  of  aviation,63  setting  the  inclusion  of  the  climate  impact  of  the 

60 

61 

62 

63 

Communication  from  the  Commission  to  the  Council,  the  European  Parliament,  the  Economic  and 
Social  Committee  and  the  Committee  of  the  Regions:  Air Transport  and the  Environment  –  Towards 
meeting the challenges of sustainable development. COM (1999) 640 final 
Annex  16  to  the  Chicago  Convention  is  on  environmental  protection  and  contains  detailed  rules  on 
certification standards for aircraft noise and engine emissions. Annexes 8, 6 and 14 cover airworthiness, 
operations and aerodromes respectively. 
Decision 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the 
Sixth  Community  Environment  Action  Programme,  OJ  L  242,  10.9.2002,  p.  1,  and  Council  of  the 
European Union: Review of the EU Sustainable Development Strategy (EU SDS) – Renewed Strategy 
adopted by the European Council on 15/16 June 2006, 10917/06 
Communication  form  the  Commission  to  the  Council,  the  European  Parliament,  the  European 
Economic  and  social  committee  and  the  Committee  of  the  Regions:  Reducing  the  Climate  Change 
Impact of Aviation, COM (2005) 459 final 

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aviation  sector  in  the  EU  ETS  (see  section  3.1.1.2)  as  the  way  forward  while  also 
advocating strengthening some existing policies and actions, including: 

–  removing  legal  obstacles  to  the  taxation  of  aviation  fuel  to  facilitate  more 

consistent transport energy taxation policy; 

–  giving  research  into  ‘greener’  technology  highest  priority  in  the  7th  Framework 

Programme for Research & Technical Development; 

–  working  in  ICAO  on  developing  more  stringent  technical  design  standards  to 

reduce aircraft emissions at source; 

–  improving  the  efficiency  of  European  Air  Traffic  Management  (ATM)  through 

the Single European Sky SESAR initiative. 

These are covered in more depth in the sections below. 

3.1.1.  Economic Instruments 

3.1.1.1.  Fuel taxes  

ICAO  rules  allow  the  taxation  of  kerosene;  however  in  practice  aircraft  fuel  for 
international  flights  has  been  exempted  from  all  taxes  -  a  policy  originally 
established to promote civil aviation during its infancy.  

In  addition  to  the  general  EU  rules  mentioned  in  section  2.1.1  EU  rules  on  energy 
taxation64  exempt,  as  a  general  principle,  commercial  aviation  from  taxation; 
however they do allow Member States to tax fuel for domestic flights and for flights 
between two Member States, where these Member State both agree. In practice only 
the Netherlands taxes for purely national use, and no Member State has entered into 
this type of bilateral agreement with another. One reason for this is because only the 
flights operated by EU carriers would be taxed, and not those based outside the EU, 
potentially giving the latter a significant competitive advantage. 

More generally, the Commission's policy65 is to remove all legal obstacles to taxing 
aviation fuel in order to keep all options for economic instruments open in the event 
that complementary measures are required alongside the inclusion of aviation in the 
ETS (see section 3.1.1.2).  

3.1.1.2.  Emissions Trading 

In 2006, the Commission proposed66 reducing the impact of emissions from aviation 
by  including  it  in  the  EU's  ETS.  This  proposal  would  apply  to  all  domestic  and 

64 

65 

66 

Council  Directive  2003/96/EC  of  27  October  2003  restructuring  the  Community  framework  for  the 
taxation of energy products and electricity, OJ L 283 31.10.2003, p. 51 
As  stated  in  the  Communication  from  the  Commission  to  the  Council,  the  European  Parliament,  the 
European Economic and Social Committee and the Committee of the Regions: Reducing the Climate 
Change Impact of Aviation, COM (2005) 459 final 
Proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC 
so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within 
the Community, COM (2006) 818 final. The proposal is made under Article 175 of the EC Treaty 

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international flights that arrive at or depart from an EU airport and would mean that 
aircraft  operators  will  reduce  their  CO2  emissions  unless  it  is  cheaper  to  buy 
allowances from other operators that can reduce their own emissions at lower cost. 
As  such  this  represents  the  first  step  in  the  Commission  strategy  to  internalise  the 
external costs of transport (see section 2.1.1). The estimated effect of the proposal is 
to reduce CO2 emissions by 183 million tonnes (46%) by 2020.67 More information 
on its likely effects is in the proposal's impact assessment.68 

The  ICAO  has  recommended  including  international  aviation  in  existing  emissions 
trading  schemes.  Despite  this,  in  2007  the  ICAO  encouraged  its  members  not  to 
implement an ETS on other contracting states' aircraft operators unless it is based on 
mutual  agreement  between  the  states  involved.69  The  Commission  remains 
committed to including international aviation in the EU ETS in a way that is fair and 
non-discriminatory for all aircraft operators. 

3.1.2.  Regulatory Instruments 

These are covered in section 3.2.2 for aircraft emissions.  

3.1.3. 

Infrastructure 

Shortest  available  routes  are  underused  due  to  lack  of  real  time  and  precise 
information,  as  well  as  the  unavailability  of  certain  parts  of  airspace  (for  example, 
those  set-aside  for  military  use).  If  these  possibilities  were  used  this  would  reduce 
CO2 emissions by 4.8 million tonnes per annum.70 The potential reduction in harmful 
emissions  through  optimised  routing  is  estimated  at  6  to  12%  of  total  aviation 
emissions. The Single European Sky (see section 3.4.2) should contribute to this by 
reducing congestion. The Single European Sky ATM Research Programme (SESAR) 
(see section 3.4.4) should also reduce environmental impacts per flight by 10%.  

3.1.4.  Research and Technology 

Past EU research programmes (see section 2.1.5) have supported a large number of 
relevant projects and this will continue in the 7th Research Framework Programme. 
In addition to the Clean Sky initiative (see below) approximately €1 billion will be 
dedicated  to  collaborative  research  in  aeronautics  and  air  transport,  where  the 
greening  of  air  transport  is  an  important  component.  It  aims  to  contributing  to 
achieving the following climate change related reductions: 

–  fuel consumption and hence CO2 emissions by 50% per passenger kilometre; 

–  NOx emissions by 80% in landing and take-off according to ICAO standards and 

down to 5g/kg of fuel burnt in cruise. 

67 

68 

69 
70 

Cited  in  Proposal  for  a  directive  of  the  European  Parliament  and  of  the  Council  amending  Directive 
2003/87/EC  so  as  to  include  aviation  activities  in  the  scheme  for  greenhouse  gas  emission  allowance 
trading within the Community, COM (2006) 818 final. 
Commission Staff Working Document: Impact Assessment of the inclusion of aviation activities in the 
scheme for greenhouse gas emission allowance trading within the Community, SEC(2006) 1684 
Appendix L to Resolution A36-22 
Communication  from  the  Commission,  First  Report  on  the  implementation  of  the  Single  Sky 
Legislation: achievements and the way forward COM (2007) 845 

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These  objectives  build  on  a  vision  to  2020  for  the  aeronautics  sector71  that  was 
produced  by  a  "Group  of  Personalities"  and  which  was  turned  into  a  "Strategic 
Research  Agenda"  by  the  Advisory  Council  for  Aeronautics  Research  in  Europe 
(ACARE).72 

The  "Clean  Sky"  initiative  will  begin  in  2008  and  is  designed  to  demonstrate  and 
validate  the  technology  breakthroughs  necessary  to  make  major  steps  towards  the 
environmental  goals  of  the  research  programme  particularly  through  noise  and 
emission  reduction,  as  well  as  reduced  fuel  consumption.  As  such  it  should 
contribute  to  accelerating  the  introduction  of  green  technologies  in  new  generation 
aircraft. It will function as a Public Private Partnership with half of the €1.6 billion 
budget coming from EU funds and half from industry. 

The  Atlantic  Interoperability  Initiative  to  Reduce  Emissions  (AIRE)  also  aims  to 
improve energy efficiency and reduce engine emissions. It will examine possibilities 
for  improving  air  traffic  management  procedures  with  new  measures  such  as 
continuous  descent  approaches.  Currently  most  aircraft  approaching  an  airport  are 
asked  by  air-traffic  control  to  descend  in  a  series  of  steps,  which  is  wasteful 
compared to descending continuously and smoothly. While continuous descents are 
estimated to save between 200 and 400 kg of fuel per flight they also pose challenges 
for the existing air-traffic control methods and technology. 

3.2. 

Local Pollution 

EU rules73 require the Commission to report to the European Parliament and Council 
on the extent to which emissions from aircraft beyond the landing and take-off cycle 
contribute  to  acidification,  eutrophication  and  the  formation  of  ground-level  ozone 
within  the  EU.  The  report  should  specify  a  programme  of  actions  which  could  be 
taken  at  international  and  Community  level  to  reduce  emissions  from  the  sector 
concerned,  as  a  basis  for  further  consideration  by  the  European  Parliament  and 
Council.  

3.2.1.  Economic Instruments 

The  Commission's  recent  proposal  on  airport  charges74  did  not  explicitly  cover 
environmental charges, thus leaving their application to particular types of aircraft or 
their emissions to the discretion of Member States. The ongoing negotiations in the 
Council and the European Parliament are likely to lead to this type of charges being 
explicitly  allowed.  Some  Member  States  currently  apply  differentiated  airport 
charges based on NOx and/ or unburned hydrocarbon emissions. 

71 

72 

73 

74 

The  European  Group  of  Personalities  (2001),  European  Aeronautics:  A  Vision  for  2020,  meeting 
society's  needs  and  winning  global  leadership,  Office  for  Official  Publications  of  the  European 
Communities, Luxembourg 
Advisory  Council  for  Aeronautics  Research  in  Europe  (2004)  Strategic  Research  Agenda,  ACARE's 
members include the Commission, industry, Member States, airlines, airports, regulators and research 
and academia.  
Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national 
emission ceilings for certain atmospheric pollutants, OJ L 309, 27.11.2001, p. 22 
Proposal for a directive of the European Parliament and of the Council on airport charges, COM (2006) 
820 final 

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3.2.2.  Regulatory Instruments 

ICAO sets standards for NOx, SOx, CO and smoke emissions,75 which are applicable 
in the EU through the EASA basic regulation (see section 3.5.1) and are based on the 
thrust of the aircraft engines.76 The Commission intends to propose the extension of 
EASA's tasks to allow the development of additional standards beyond the scope of 
Annex 16 of the ICAO Convention. 

The  emissions  of  NOx,  SO2  and  VOCs  during  the  take  off  and  landing  cycle  are 
counted within the national emissions ceilings (see section 2.3.1.1), where Member 
States have to draw up national programmes to achieve the ceilings by 2010. 

The  proposal  to  include  aviation  in  the  European  ETS  stated  that  the  Commission 
will present a proposal to limit aircraft emissions of NOx by the end of 2008.  

3.2.3. 

Infrastructure 

The measures described under 3.1.3 also apply here. 

3.2.4.  Research and Technology 

The 7th Research Framework Programme (see section 2.1.5), aims to reduce unburnt 
hydrocarbons  and  CO  emissions  by  50%  according  to  ICAO  standards  and  NOx 
emissions by 80% in landing and take-off according to ICAO standards and down to 
5g/kg of fuel burnt in cruise.  

3.3. 

Noise 

3.3.1.  Economic Instruments 

There are no EU economic instruments linked to aircraft noise emissions. In 2001 the 
Commission  proposed  a  directive77  establishing  common  criteria  on  the  noise 
performance  of  aircraft  to  be  used  when  calculating  the  level  of  noise  charges  at 
airports.  The  intention  was  to  ensure  that  where  noise  charges  are  applied  their 
calculation is according to consistent principles. The proposal was not discussed in 
Council. The Commission withdrew the proposal in 2004.78 

3.3.2.  Regulatory Instruments 

For  noise,  the  ICAO  classes  aircraft  according  to  "Chapters"  which  are  effectively 
minimum standards for new aircraft. The current standards in force for new aircraft 

75 
76 

77 

78 

Annex 16 to the Chicago Convention 
According  to  Article  6(1)  of  Regulation  (EC)  No  1592/2002  of  the  European  Parliament  and  of  the 
Council  of  15  July  2002  on  common  rules  in  the  field  of  civil  aviation  and  establishing  a  European 
Aviation Safety Agency, OJ L 240, 7.9.2002, p. 1 
Proposal  for  a  directive  of  the  European  Parliament  and  of  the  Council  on  the  establishment  of  a 
Community framework for noise classification of civil subsonic aircraft for the purposes of calculating 
noise charges, COM (2001) 74 
Communication  from  the  Commission:  withdrawal  of  Commission  proposals  which  are  no  longer  of 
topical interest, COM (2004) 542 

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are "Chapter 4". These are more advanced than previous chapters. No new standards 
are being developed. 

EU rules require79 that all subsonic jet aeroplanes with a take-off mass of 34 000 kg 
or  more  or  which  have  more  than  19  passenger  seats  have  to  comply  with  the 
standards of Chapter 3. 

The directive on noise-related operating restrictions at Community airports80 allows 
Member States to restrict the operation of the noisiest aircraft within those classified 
by ICAO as Chapter 3.81 The directive sets out another category of airports – "city 
airports"82  where  Member  States  can  insist  on  only  aircraft  classified  as  ICAO 
Chapter 4 being used.  

Before imposing any restrictions, a Member State has to assess their likely impacts. 
Then  they  can,  after  a  certain  period  of  time,  force  aircraft  operators  to  reduce  the 
movements of the aircraft concerned by up to 20% every year, meaning that in five 
years  the  use  of  these  aircraft  can  be  phased  out.  Some  aircraft  registered  in 
developing countries have longer phase-out times. So far the possibilities offered by 
this  directive  have  been  used  at  five  EU  airports:  London  Gatwick,  London 
Heathrow, London Stansted, Paris Charles de Gaulle and Madrid.  

The Commission reported on the application of the directive in February 200883 and 
is examining proposing its revision later this year. 

3.3.3.  Research and Technology 

The 7th Research Framework Programme (see section 2.1.5), aims to reduce external 
noise by 10 EPNdB per operation of fixed-wing aircraft. For rotorcraft the objective 
is to reduce noise footprint area by 50% and external noise by 10 EPNdB. 

The "Clean Sky" initiative (see section 3.1.4) also has a noise component. 

3.4. 

Congestion 

3.4.1.  Economic Instruments 

Charges  for  air  navigation  services,  including  air-traffic  control,  are  based  on  a 
methodology set out in EU rules84 which is compliant with ICAO recommendations. 

79 

80 

81 

82 

83 

Directive  2006/93/EC  of  the  European  Parliament  and  of  the  Council  of  12  December  2006  on  the 
regulation of the operation of aeroplanes covered by Part II, Chapter 3 , Volume 1 of Annex 16 to the 
Convention  on  International  Civil  Aviation,  second  edition  (1988)  (codified  version),  OJ  L  374, 
27.12.2006, p. 1  
Directive  2002/30/EC  of  the  European  Parliament  and  of  the  Council  of  26  March  2002  on  the 
establishment  of  rules  and  procedures  with  regard  to  the  introduction  of  noise-related  operating 
restrictions at Community airports, OJ L 85 of 28.3.2002, p. 40 
The  aircraft  concerned  are  those  within  5  "Effective  Perceived  Noise  in  decibels"  (EPNdB)  of  the 
maximum threshold. 
Of  which  four  are  defined  in  the  directive  –  Belfast  City,  Berlin  Tempelhof,  London  City  and 
Stockholm Bromma 
Report from the Commission to the Council and the European Parliament: Noise Operation Restrictions 
at EU Airports (Report on the application of Directive 2002/30/EC), COM (2008) 66 

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The charge is made based on a formula which takes into account aircraft weight and 
flight distance, as well as a "unit cost", which reflects the full cost of the services and 
differs significantly from Member State to Member State. In 2008 the Commission 
will propose a framework for setting binding performance targets aimed at ensuring 
that only the most efficient route is flown. 

3.4.2.  Regulatory Instruments 

EU  rules  on  air-traffic  management  –  the  so-called,  "Single  European  Sky"  -  came 
into  force  in  2004.85  These  aim  to  increase  the  overall  efficiency  of  air-traffic 
management  thereby  relieving  congestion,  reducing  fuel  consumption  and  the 
environmental impact per flight.  

The Commission reported on their implementation in 2007,86 concluding that the EU 
rules had not significantly improved the overall efficiency of the design and use of 
the  European  route  network,  with  consequently  insufficient  improvement  in  flight 
efficiency or environmental impact. It also stated that improvements in the network 
architecture, the  more  efficient use of routes  and new  operational procedures  could 
significantly reduce flight times, fuel use and costs, with the consequent reduction in 
impact on the environment and climate change.  

In  2008  the  Commission  proposed  further  measures  to  make  the  Single  European 
Sky both more sustainable and better performing.87 This includes measures to, on the 
basis  of  a  continuous  assessment  of  the  air  traffic  management  system  by  an 
independent  body,  regulate  the  system's  performance,  as  well  as  accelerating  the 
integration  of  service  providers  into  functional  airspace  blocks  and  strengthening 
network management. 

3.4.3. 

Infrastructure 

Airports with capacity problems must follow EU rules on slot allocation, which are 
framework, 
principally  aimed  at 

transparency.88  Within 

improving 

this 

84 

85 

86 

87 

88 

Commission  Regulation  (EC)  No  1794/2006  of  6  December  2006  laying  down  a  common  charging 
scheme for air navigation services, OJ L 341, 7.12.2006, p. 3–16 
Regulation 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the 
framework for the creation of the single European sky, OJ L 96, 31.3.2004, p. 1, Regulation 550/2004 
of  the  European  Parliament  and  of  the  Council  of  10  March  2004  on  the  provision  of  air  navigation 
services in the single European sky, OJ L 96, 31.3.2004, p. 10-19, Regulation 551/2004 of the European 
Parliament  and  of  the  Council  of  10  March  2004  on  the  organisation  and  use  of  the  airspace  in  the 
single  European  sky,  OJ  L  96,  31.3.2004,  p.  20-25,  and  Regulation  552/2004  of  the  European 
Parliament  and  of  the  Council  of  10  March  2004  on  the  interoperability  of  the  European  Air  Traffic 
Management network, OJ L 96, 31.3.2004, p. 26-42 
Communication  from  the  Commission,  First  Report  on  the  implementation  of  the  Single  Sky 
Legislation: achievements and the way forward COM (2007) 845 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions  –  Single  European  Sky  II  – 
Towards more sustainable and better performing aviation, COM (2008) 389; Proposal for a Regulation 
of the European Parliament to the Council amending Regulation (EC) No 549/2004, (EC) No 550/2004, 
(EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability fo the 
European aviation system, COM(2008) 388 
Council Regulation 95/93/EEC on common rules for the allocation of slots at Community airports, OJ L 
14 of 22.1.1993, p. 1, as amended by Regulations EC/894/2002 of 27.5.2002 (OJ L 142, 31.5.2002, p. 

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environmental  criteria,  including  noise  can  be  taken  into  account  to  allocate  slots; 
such  rules  are  called  'local  rules'  and  can  relate  to  any  type  of  environmental 
problems.89  

In 2007 the Commission adopted an action plan for airport capacity, efficiency and 
safety90  with  the  aim  of  optimising  the  use  of  existing  infrastructure,  as  well  as 
promoting the use of technology and improving safety and efficiency. Environmental 
concerns  will  be  addressed  in  part  of  a  recommendation  that  the  Commission  is 
currently  developing  on  best  practice  guidelines  to  improve  airport  plans  and  their 
land use. 

3.4.4.  Research and Technology 

The  Single  European  Sky  ATM  Research  Programme  (SESAR)  runs  from  2004  to 
2020 and aims to improve safety ten-fold, triple capacity and halve the costs of air-
traffic  management.  In  2008  its  definition  phase  was  completed  with  the 
endorsement  of  the  SESAR  Master  Plan91  and  its  development  phase  began.  The 
deployment phase of technologies developed is expected to begin in 2013. 

The  AIRE  initiative  (see  section  3.1.4)  also  has  elements  concerning  air-traffic 
procedures  and  new  technologies  including  a  demonstration  component  on 
"Trajectory  Based  Operations  on  the  ground",  which  will  look  at  different  ideas  to 
minimise ground run time, i.e. when aircraft taxi to the runway waiting to take off, or 
taxi from the runway waiting for a stand. At this time aircraft consume considerable 
amounts of fuel not least because their engines are not designed to operate at optimal 
efficiency on the ground.  

3.5. 

Accidents 

3.5.1.  Legal Instruments 

Historically, most aviation safety rules were agreed between Member States outside 
the  EU  framework  and  were  non-binding.  With  the  growth  in  air-traffic  a  more 
harmonised  system  became  necessary  in  order  to  guarantee  a  high  level  of  safety. 
The EU's policy92 is to focus its efforts via the European Aviation Safety Agency and 

89 

90 

91 

92 

3), EC/1554/2003 of 22.7.2003 (OJ L 221 of 4.9.2003, p. 1) and Regulation EC/793/2004, of 21.4.2004 
(OJ L 138, 30.4.2004, p. 50) 
Further information is given in Communication from the Commission to the European Parliament, the 
Council,  the  European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions  on  the 
application of Regulation (EEC) No. 95/93 on common rules for the allocation of slots at Community 
airports, as amended, COM (2008) 227 
Communication  from  the  Commission  to  the  Council,  the  European  Parliament,  the  European 
Economic and Social Committee and the Committee of the Regions: An action plan for airport capacity, 
efficiency and safety in Europe, COM (2007) 819 
Commission Staff Working Document accompanying the Communication from the Commission to the 
European Parliament, the Council, the European Economic and Social Committee and the Committee of 
the  Regions,  Single  European  Sky  II:  towards  more  sustainable  and  better  performing  aviation,  The 
SESAR Master Plan for the development and implementation of the new generation European air traffic 
management system (SESAR – Single European Sky ATM Research) SEC (2008) 2082 
Regulation EC/1592/2002 of the European Parliament and of the Council of 15 July 2002 on common 
rules  in  the  field  of  civil  aviation  and  establishing  a  European  Aviation  Safety  Agency,  OJ  L  240, 
7.9.2002, p. 1 

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progressively establish and maintain a high uniform level of civil aviation safety in 
Europe.  After  first  taking  on  responsibilities  for  airworthiness  of  aircraft,  it  is  now 
responsible for type certification for aircraft, engines and equipment,93 as well as the 
approval of organisations and personnel involved in their maintenance.94 In 2008 the 
Commission  proposed  extending  the  Agency's  responsibilities  further,  this  time  to 
the safety aspects of aerodromes and air traffic management so that all parts of the 
aviation  safety  are  covered  by  a  consistent  approach  to  safety  (called  the  "total 
system approach).95 

the  Agency  assists 

In  addition, 
in  developing  common 
environmental and safety rules,96 as well as monitoring their implementation through 
inspections in the Member States. 

the  Commission 

EU rules97 allow the European Commission to ban or restrict the activities of unsafe 
airlines within the EU and its airspace. It does this by regularly publishing a "black 
list" of such airlines. 

In order to prevent future accidents and feed into safety rules, EU rules98 also require 
rapid investigations after an aviation accident or serious incident. 

3.5.2.  Research and Technology 

Accidents  have  already  been  an  important  element  of  past  framework  research 
programmes  and  will  continue  to  be  a  key  issue  in  the  transport  theme  of  the  7th 
"Cooperation" specific programme 

93 

94 

95 

96 

97 

98 

Commission Regulation EC/1702/2003 of 24 September 2003 laying down implementing rules for the 
airworthiness and environmental certification of aircraft and related products, parts and appliances, as 
well as for the certification of design and production organisations, OJ L 243, 27.9.2003, p. 6–79 
Commission  Regulation  EC/2042/2003  of  20  November  2003  on  the  continuing  airworthiness  of 
aircraft  and  aeronautical  products,  parts  and  appliances,  and  on  the  approval  of  organisations  and 
personnel involved in these tasks, OJ L 315, 28.11.2003, p. 1 
Proposal  for  a  Regulation  of  the  European  Parliament  to  the  Council  amending  Regulation  (EC)  No 
216/2008 in the field of aerodromes, air traffic management and air navigation services and repealing 
Council Directive 06/23/EEC, COM (2008) 390 
There  are  several  different  Commission  regulations,  for  example  on  the  safety  assessment  of  foreign 
aircraft and the working methods for inspections. 
Regulation EC/2111/2005 of the European Parliament and of the Council of 14 December 2005 on the 
establishment of a Community list of air carriers subject to an operating ban within the Community and 
on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 
of Directive 2004/36/EC, OJ L 344, 27.12.2005, p. 15 
Council  Directive  94/56/EC  of  21  November  1994  establishing  the  fundamental  principles  governing 
the investigation of civil aviation accidents and incidents, OJ L 319 , 12.12.1994, p. 14-19 

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4. 

MARITIME 

The world fleet is composed of more than 50 000 merchant vessels of which ships 
owned by EU citizens or companies make up about one-third and EU flagged vessels 
roughly  one  quarter.99  The  average  age  of  a  European-flagged  ship  is  currently  16 
years.100  Shipping  accounts  for  more  than  a  third  of  total  intra-EU  goods  transport 
performance (measured in tonne-kilometres). Maritime transport systems rely on the 
interaction  of  vessels,  sea-ports  infrastructure  and  terminals,  as  well  as  ports' 
hinterland connections.  

International seaborne trade increased by an estimated 4.3% in 2006 to reach a total 
volume of 7.4 billion tonnes. Total demand for shipping services reached about 30.6 
billion tonne-miles in 2006, representing an increase of 5.6% compared to the year 
before. Europe remains a massive importer of crude oil and petroleum products with 
more than half a billion tonnes per year. Europe is also the largest dry cargo market 
with more than a billion tonnes of exports (22.7% of world total) and over 1.5 billion 
tonnes of imports (32.3%). Total container throughput in Europe accounts for some 
18% of the world total. The top fifteen ports in Europe saw a container throughput of 
around 54 million twenty-foot equivalents in 2006.101 

At the EU level the 2006 Mid-Term Review of the Transport White Paper underlined 
the  importance  of  the  maritime  sector  in  providing  an  alternative  to  road  transport. 
The  Integrated  Maritime  Policy  Action  Plan102  also  places  particular  emphasis  on 
maritime transport as a competitive, sustainable and environmentally-friendly mode 
of  transport  which  is  vital  for  Europe's  growth,  economic  prosperity  and 
environmental quality. 

In  general,  EU  measures  apply  to  merchant  ships  operating  commercially103  or  to 
recreational craft.104 The application of International Conventions and some or all of 

99 
100 
101 

102 

103 

104 

Data from L.R. Fairplay, Bimco/ISF, Jan.2007 
Ships of 500 GT and over, LR-Fairplay, Jan.2007 
Source:  Fearnleys  (Oslo),  Review  2006  and  ESPO,  Annual  report  2006-2007  containing  a  market 
report  on  the  European  Seaport  Industry  prepared  by  the  Institute  of  Transport  and  maritime 
Management Antwerp 
Commission  Staff  Working  Document  accompanying  document  to  the  Communication  from  the 
Commission to the European Parliament, the Council, The European Economic and Social Committee 
and the Committee of the Regions: An Integrated Maritime Policy for the European Union, SEC (2007) 
1278 
Hence they do not apply to warships, naval auxiliary or other ships, owned or operated by a State and 
used, for the time being, only on government non-commercial service. Nevertheless the EU measures 
often  have  a  phrase  in  them  that  requires  Member  States,  as  far  as  is  reasonable  and  practicable,  to 
endeavour  to  respect  rules for  these  ships. certain other  categories  of vessels  are  also often  excluded, 
such  as  wooden  ships  of  primitive  build;  original  and  individual  replicas  of  historical  ships  built 
predominantly  with  original  materials,  ships  only  used  in  port  areas  and  pleasure  yachts  carrying  12 
crew and passengers or less for non-commercial purposes.  
Defined  as,  "any  craft  intended  for  sport  or  leisure  purposes,  regardless  of  the  type  or  the  means  of 
propulsion, with a hull length of 2.5 to 24 meters, measured according to the appropriate harmonized 
standards"  in  Directive  2003/44/EC  of  the  European  Parliament  and  of  the  Council  of  16  June  2003 
amending  Directive  94/25/EC  on  the  approximation  of  the  laws,  regulations  and  administrative 
provisions  of  the  Member  States  relating  to  recreational  craft,  OJ  L  214  of  26.8.2003,  p.  18.  Certain 
craft are excluded - Racing craft, rowing boats, canoes, kayaks, gondolas, pedalos, sailing surfboards, 

EN 

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their  requirements  to  recreational  craft  is  set  out  in  each  Convention.  Specific 
legislation  also  applies.  For  merchant  shipping,  the  international  legal  context  is 
particularly  important,  where  the  most  important  element  is  safety,  although 
environmental issues are increasingly important. 

The  major  international  treaties  are:  the  United  Nations  Convention  on  the  Law  of 
the  Sea  (UNCLOS);  the  International  Maritime  Organisation  (IMO)'s  International 
Convention for the Safety of Lives at Sea (SOLAS), which covers the safety at sea of 
merchant  and  passenger  shipping;  the  IMO's  International  Convention  for  the 
Prevention  of  Pollution from ships (MARPOL 73/78).105 A full  list of international 
instruments on maritime affairs was produced by the Commission in 2006.106 

4.1. 

Climate change 

The  Kyoto  Protocol  calls  for  parties  to  pursue  the  limitation  or  reduction  of  their 
greenhouse gas emissions from ships working through the IMO. The IMO is looking 
at  ways  to  tackle  the  reduction  of  greenhouse  gases  from  ships  with  the  work 
scheduled to conclude in 2009. 

The  Commission's  policy  is  have  shipping  included  in  the  post-2012  agreement  on 
the prevention of climate change a as a sector to be addressed and to have the IMO 
act to reduce greenhouse gas emissions in 2009. In the absence of sufficient progress 
the  Commission  will  propose  EU  measures  including  tackling  emissions  from 
recreational craft. 

4.1.1.  Economic Instruments 

In addition to the EU rules mentioned in section 2.1.1, EU taxation rules107 contain 
the  general  principle  that  fuel  for  navigation  within  Community  waters  (including 
fishing, but not recreational craft) is not taxed; however, Member States can choose 
to  tax  fuel  if  it  is  for  purely  national  transport  (i.e.  not  international  or  intra-
Community) or, if they have concluded a bilateral agreement with another Member 
State. For recreational craft the EU rules set different minimum tax rates (excluding 
VAT) for certain types of fuels.  

The  Commission  has  recently  committed  itself  to  making  proposals  to  reduce  the 
levels  of  air  pollution  from  ships  in  ports  by  removing  tax  disadvantages  for  shore 
side electricity.108 

surfboards,  historical  craft  and  replicas  thereof  designed  before  1950  and  build  predominantly  with 
original  material,  experimental  craft,  home-made  craft,  craft  designed  to  carry  passengers  for 
commercial  purposes,  submersibles,  air  cushion  vehicles,  hydrofoils  and  external  combustion  steam 
powered craft fuelled by coke, coal, wood, oil or gas. 
International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol 
of 1978 relating thereto (MARPOL 73/78) 
Annex to the Green Paper on Towards a future Maritime Policy for the Union: A European vision for 
the oceans and seas COM (2006) 275 
Council  Directive  2003/96/EC  of  27  October  2003  restructuring  the  Community  framework  for  the 
taxation of energy products and electricity, OJ L 283, 31.10.2003, p. 51 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  The  European 
economic and Social Committee and the Committee of the Regions: An Integrated Maritime Policy for 

105 

106 

107 

108 

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The Commission has encouraged port charging to encourage less polluting ships.109 

4.1.2. 

Infrastructure 

4.1.2.1.  Motorways of the Sea 

The  Commission  proposed  the  development  of  motorways  of  the  sea  in  2001.110 
They aim to encourage a shift of goods transport towards a frequent and high quality 
system  of  short  sea  shipping.  There  are  currently  four  motorways  of  the  sea 
corridors:  the  Baltic  Sea;  Western-Europe,  South-West  Europe  and  South-East 
Europe and pilot projects should begin there in the near future. Funding is available 
through  the  TEN-T  for  infrastructure  costs  and  Marco  Polo  II  programmes  for 
running  costs,  the  Structural  and  Cohesion  Funds,  as  well  as  through  European 
Investment Bank support and is allowed to some extent from state aid. A European 
Co-ordinator was also appointed in 2007 and a consultation was launched in October 
2007.111 

Estimates  have  been  made  of  the  potential  reduction  in  CO2  emissions  from 
implementing  a  "motorway"  between  the  North  Sea  and  the  northern  Iberian 
Peninsula.  This  calculated  that  a  system  with  four  vessels  and  six  round  trips  per 
week would bring about a modal shift of close to 5 billion tonne kilometres over 3 
years, saving the emission of 125 000 tonnes of CO2.112 

4.1.2.2.  Shore-side electricity 

In 2006 the Commission encouraged113 the use of shore-side electricity by ships (and 
did  not  specifically  exclude  recreational  craft)  in  ports  and  stated  that  switching  to 
shore-side  electricity  would  reduce  CO2  emissions  by  over  50%,  carbon  monoxide 
by about 99% and nitrous oxide emissions (N2O) by over 50%, as well as eliminating 
vibrations and noise from auxiliary engines. 

4.1.3.  Research and Technology 

In 2004 the Commission launched the idea of setting up "Technology Platforms" to 
bring  together  companies,  research  institutions,  the  financial  world  and  the 
regulatory authorities at the European level to define a common research agenda in 
order to mobilise a critical mass of national and European resources from the private 
and public sectors. In 2005, such a platform called "WATERBORNE" was set up for 

109 
110 
111 

112 

113 

the  European  Union,  COM(2007)  575  final  and  Communication  on  a  European  Ports  Policy,  COM 
(2007) 616 
Communication from the Commission: Communication on a European Ports Policy, COM (2007) 616 
COM (2001) 370: European Transport Policy for 2010: time to decide 
SEC  (2007)  1367  Commission  Staff  Working  Document:  Report  on  Motorways  of  the  Sea:  State  of 
Play and consultation 
SEC  (2007)  1367  Commission  Staff  Working  Document:  Report  on  Motorways  of  the  Sea:  State  of 
Play and consultation 
Commission Recommendation (2006/339/EC) of 8 May 2006 on the promotion of shore-side electricity 
for use by ships at berth in Community ports, OJ L 125 of 12.5.2006, p. 38 

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waterborne transport. This has produced a Vision 2020114 document and a Strategic 
Research Agenda115 to turn the vision into reality. 

Through  the  "LIFE"  programme  the  Commission  has  supported  demonstration 
projects  on  technologies  which  allow  ships  to  make  an  essential  contribution  to 
reducing their energy and fuel consumption and the emissions of climate-damaging 
gases. For example, the use of computer-controlled kite sails on commercial vessels 
was  demonstrated  through  the  WINTECC  project116  and  resulted  in  energy 
consumption  being  reduced  by  up  to  30%.  Another  example  is  the  Zero  Emissions 
Ships  project  (ZEMSHIPS)117  which  demonstrated  the  functioning  of  the  first 
hydrogen and fuel cell powered ship (with a capacity of more than 100 persons). 

In mid-2008, the Commission will produce a European Maritime Research Strategy, 
which will include a component on climate change and other societal impacts. 

4.2. 

Local Pollution 

The  Commission  is  committed118  to  actively  supporting  international  efforts  to 
diminish air pollution caused by ships and make proposals at the European level in 
the  absence  of  progress.  Efforts  to  combat  local  pollution  are  a  combination  of 
measures to address the ships themselves, the fuels they use, and the ports they visit. 

The LeaderSHIP 2015 initiative119 looks at the shipbuilding industry as a whole and 
one of its aims is to promote safer and more environmentally friendly ships. In April 
2007 the Commission produced a progress report,120 which stressed the contribution 
that innovative European shipbuilding is making to delivering more environmentally 
friendly ships. The report also encourages the maritime industries, especially marine 
equipment  suppliers,  to  continue  taking  the  lead  in  clean  shipping  technology, 
including  the  application  of  technologies  to  reduce  energy  consumption,  air 
emissions  and  the  use  of  hazardous  materials  and  more  environmentally  friendly 
antifouling protection.  

114 

115 

116 
117 
118 

119 

120 

Waterborne  Technology  Platform  (2005)  Waterborne  Transport  &  Operations:  A  Key  Asset  for 
Europe’s Development and Future 
Waterborne  (2005)  Waterborne  transport  and  operations,  "Key  for  Europe's  development  and  future 
Strategic Research Agenda."  
www.wintecc.de , www.skysails.info 
http://ec.europa.eu/environment/life/themes/water/thematic/htm 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  The  European 
economic and Social Committee and the Committee of the Regions: An Integrated Maritime Policy for 
the European Union, COM(2007) 575 final 
Communication  from  the  Commission  to  the  Council,  the  European  Parliament,  the  European 
Economic and Social Committee and the Committee of the Regions: LeaderSHIP 2015 – Defining the 
Future of the European Shipbuilding and Repair Industry – Competitiveness through Excellence, COM 
(2003) 717 
Commission Working Document: LeaderSHIP 2015 Progress Report, COM (2007) 220 final 

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4.2.1.  Economic Instruments 

The Commission is required121 to produce a report on the possible use of economic 
instruments,  including  mechanisms  such  as  differentiated  dues  and  kilometre 
charges, tradable emission permits and offsetting, to reduce sulphur emissions from 
ships (including recreational craft).  

The action on shore-side electricity (see section 4.1.1) is also relevant here. 

4.2.2.  Regulatory Instruments 

4.2.2.1.  Sulphur emissions 

International  rules122  establish  a  maximum  worldwide  level  of  sulphur  in  fuel  of 
4.5%  for  heavy  fuel  oil  burned  by  ships.  They  also  set  up  SOx  Emission  Control 
Areas (SECAs) where fuel burned by ships must contain less than 1.5% sulphur, or 
equivalent  abatement  technologies  must  be  applied.  The  Baltic  and  North  Seas 
(including  the  English  Channel)  are  currently  designated  as  SECAs.  In  April  2008 
the  57th  session  of  the  IMO's  Marine  Environment  Protection  Committee  (MEPC) 
agreed  in  principle  to  further  reduce  the  sulphur  content  of  fuel  used  both  within 
SECAs and worldwide.123 In SECAs, the agreement would mean that sulphur levels 
would be 1% from 1 January 2010 and 0.1% from 1 January 2015. The global limits 
would  be  reduced  to  3.5%  from  1  January  2012,  with  a  further  reduction  to  0.5% 
from  1  January  2020  or  2025  if  insufficient  fuel  is  available.  This  agreement  still 
needs to be adopted as a formal amendment to MARPOL, Annex VI; this is expected 
to happen in October 2008. 

EU  rules124  state  that,  with  certain  exceptions,125  Member  States  must  ensure  that 
marine fuels with more than 1.5% sulphur by mass can not be used in SECAs that are 
within  their  territorial  seas,  exclusive  economic  zones  and  pollution  control  zones. 
These  rules  also  apply  to  fuel  used  by  recreational  craft.  For  passenger  ships 
operating  regular  services  to  or  from  Community  ports,  such  fuels  must  be  used 
within these areas, irrespective of whether they are in a SECA or not. The same EU 
rules  require  Member  States  to  ensure  that  marine  gas  oils  with  more  than  0.10% 
sulphur by mass are not used,126 and from 2010 are not sold, within their territory and 

121 

122 

123 

124 

125 

126 

According to Article 7(3) of Directive 2005/33/EC of the European Parliament and of the Council of 6 
July 2005 amending Directive 1999/32/EC, OJ L 191, 22.7.2005, p. 59 the Commission has to report by 
31.12.2005 to the European Parliament and to the Council 
MARPOL's annex VI, which has now been ratified by 50 countries, but not yet by 7 EU Member States 
- Austria, Czech Republic, Hungary, Ireland, Malta, Portugal and Slovakia 
The  deal  was  done  at  the  Committee's  April  meeting  and  will  be  put  into  effect  by  amending 
MARPOL's annex VI 
Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain 
liquid  fuels  and  amending  Directive  93/12/EEC,  (OJ  L  121,  11.5.1999,  p.  13)  as  amended  by 
Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003 
(OJ  L  284  of  31.10.2003,  p.  1)  and  Directive  2005/33/EC  of  the  European  Parliament  and  of  the 
Council of 6 July 2005 (OJ L 191 of 22.7.2005, p. 59) 
Including  being  fitted  with  pollution  abatement  technology  and  monitoring  equipment,  as  well  as 
achieving  emissions  reductions  equivalent  to  those  in  the  directive  and  waste  emissions  in  enclosed 
ports, harbours and estuaries having no environmental impact. 
Certain  derogations  exist  for  the  Canary  Islands,  the  French  Overseas  Departments,  Greece,  Madeira 
and the Azores. 

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that ships at berth do not use fuel containing more than 0.1% sulphur. Marine diesel 
oils cannot be sold if they have more than 1.5% sulphur. 

The  Commission  will  come  forward  with  a  proposal  in  2009  which  will  take  into 
account the significant recent progress on the issue in the IMO. 

4.2.2.2.  NOx 

International  rules127  limit  the  NOx  emissions  from  new  diesel  engines128  over  a 
certain  size  constructed  since  1  January  2000.129  These  also  apply  to  recreational 
craft.  The  Commission  has  committed  itself130  to  considering  a  proposal  to  tighten 
these  requirements  in  line  with  the  proposed  Tier  2  standards  put  forward  by  the 
United  States  Environment  Protection  Agency  if  there  is  no  IMO  proposal. 
Discussions in the IMO's working group on air pollution are ongoing.  

The  Commission  has  also  said131  that  once  the  feasibility  of  emissions  trading 
regimes  for  shipping  has  been  demonstrated,  it  would  consider  introducing  some 
form of emission trading regime for NOx in EU territorial waters. 

EU  rules  exist132  setting  the  maximum  levels  of  exhaust  emissions  of  NOx  for 
recreational craft. Levels are set depending on the type of engine and its size. 

4.2.2.3.  Carbon Monoxide, Hydrocarbons and Particulates 

EU  rules133  set  the  maximum  levels  of  these  substances  in  exhaust  emissions  from 
recreational craft. Levels are set depending on the type of engine and its size. 

4.2.2.4.  Ozone-depleting substances 

International rules134 ban the deliberate emission of ozone-depleting substances from 
existing  installations  –  essentially  fire-safety  equipment  -  and  prohibits  new 
installations on-board ships containing ozone-depleting substances. 

127 
128 

129 

130 

131 

132 

133 

134 

MARPOL's annex VI 
Liquefied natural gas engines are not covered as they have a lower temperature and hence much lower 
NOx emissions. 
This covers those with having power of more than 130 kW. The limits are 17.0 g/kWh when the rated 
engine speed is less than 130 rpm, 45*rpm(-0.2) g/kWh when the speed is 130 or more but less than 
2000 rpm and 9.8 g/kWh when the rated engine speed is 2000 rpm or more. The rules also cover ships 
undergoing a major conversion. 
Communication from the commission to the European Parliament and the Council: A European Union 
strategy to reduce atmospheric emissions from seagoing ships, COM (2002) 595, volume I 
Communication from the commission to the European Parliament and the Council: A European Union 
strategy to reduce atmospheric emissions from seagoing ships, COM (2002) 595, volume I 
Directive  2003/44/EC  of  the  European  Parliament  and  of  the  Council  of  16  June  2003  amending 
Directive 94/25/EC on the approximation of the laws, regulations and administrative provisions of the 
Member States relating to recreational craft, OJ L 214 of 26.8.2003, p. 18. 
Directive  2003/44/EC  of  the  European  Parliament  and  of  the  Council  of  16  June  2003  amending 
Directive 94/25/EC on the approximation of the laws, regulations and administrative provisions of the 
Member States relating to recreational craft, OJ L 214 of 26.8.2003, p. 18. 
MARPOL's annex VI 

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EU  rules  ban  the  use  of  such  substances,  including  their  use  as  fire-protection 
systems  on  ships;135  however,  continued  use  is  permitted  on  ships  that  were 
constructed before 1 July 1994. 

4.2.2.5.  Organotin compounds 

Organotin  compounds  used  to  be  in  biocides  in  anti-fouling  systems.  In  2001  the 
IMO adopted a convention136 to ban their use; this was subsequently implemented in 
EU  rules137  for  commercial  ships  over  24  metres  in  length  and  flying  the  flag  of  a 
Member State or under a Member State's control, as well as on recreational craft.138 
This  led  to  the  phasing  out  of  seven  such  compounds  on  1  September  2006.  In 
addition,  since  the  beginning  of  2008  foreign  vessels  calling  at  EU  ports  have  to 
comply with this prohibition. 

4.2.2.6.  Hazardous substances 

Member  States  are  required139  to  inspect  ships  that  have  been  reported  by  port 
authorities,  coastal  authorities  or  other  organisations  given  the  task  by  Member 
States as being a threat to the environment. This includes ships where there is proof 
or presumptive evidence of deliberate discharges of oil or other infringements of the 
MARPOL convention in waters under the jurisdiction of a Member State. 

4.2.2.7.  Ballast water 

International rules140 on the discharge of ballast water have been adopted, but are not 
in force. These would aim to prevent and ultimately eliminate the transfer of harmful 
aquatic  organisms  and  pathogens  through  the  control  and  management  of  ships' 
ballast water and sediments. 

4.2.2.8.  Waste disposal 

EU  rules141  aim  to  improve  the  availability  and  use  of  port  reception  facilities  for 
ship-generated  waste  and  cargo  residues  and  thereby  to  reduce  discharges  of  these 
substances  (which  include  sewage  and  the  remnants  of  any  cargo  material  and  any 
unloading  or  loading  excesses  or  spillage)  into  the  sea.  Recreational  craft  are 
included  within  the  scope  of  this  directive;  however,  the  requirements  differ 
depending  on  whether  they  are  authorised  to  carry  no  more  than  12  passengers,  or 
not.  In  practical  terms  these  rule  mean  that  all  ports  have  to  provide  a  way  of 

135 

136 
137 

138 

139 

140 
141 

Regulation  EC/2037/2000  of  the  European  Parliament  and  of  the  Council  of  29  June  2000  on 
substances that deplete the ozone layer, OJ L 244, 29.9.2000, p. 1 
The convention will enter into force on 17.8.2008 after having been ratified by sufficient members. 
Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the 
prohibition of organotin compounds on ships, OJ L 115, 9.5.2003, p. 1-11 
For  all  types  of  vessel  these  restrictions  apply  unless  they  are  coated  with  a  barrier  preventing  them 
from leaching 
Directive  2002/59/EC  of  the  European  Parliament  and  of  the  Council  of  27  June  2002  establishing  a 
Community vessel traffic monitoring and information system and repealing Directive 93/75/EEC, OJ L 
208 of 5.8.2002, p. 10 
International Convention for Control and Management of Ship's Ballast Water and Sediments (BWM) 
Directive  2000/59/EC  of  the  European  Parliament  and  of  the  Council  of  27  November  2000  on  port 
reception facilities for ship-generated waste and cargo residues, OJ L 332, 28.12.2000, p. 81-90 

EN 

31 

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receiving these waste and residues. For cargo residues, international rules142 have to 
be followed and the fee has to be paid by the user.  

For ship-generated waste, each port has to have a waste reception and handling plan, 
which has to be reviewed every three years. A ship (or recreational craft) calling at 
an  EU  port  has  to  leave  its  waste  unless  it  has  sufficient  storage  room.  Failure  to 
leave  the  waste  creating  a  risk  that  the  waste  will  be  discharged  at  sea  means  the 
Member  State  must  take  all  necessary  measures  to  ensure  that  it  delivers  its  waste 
before  leaving  port.  Sewage  will  also  have  to  be  included  in  this  from  15  June 
2009;143  however,  it  can  be  discharged  at  sea  if  this  is  done  in  accordance  with 
international rules.144  

Fees  for  delivering  ship-generated  waste  are  not  directly  related  to  the  waste 
disposed  of  in  order  not  to  provide  an  incentive  to  discharge  at  sea.  A  series  of 
principles are laid down that apply to ships and recreational craft authorised to carry 
more than 12 passengers. Fees can be reduced if it can be demonstrated that the ship 
produces reduced quantities of ship-generated waste.  

Inspections have to be carried out (including on recreational craft authorised to carry 
more than 12 passengers) to ensure that the restrictions on cargo residues and ship-
generated waste are complied with and penalties that are effective, proportionate and 
dissuasive  have  to  be  fixed  by  Member  States  for  breaches.  For  recreational  craft 
which are not authorised to carry more than  12 passengers, Member States have to 
ensure compliance. 

In 2005 a further directive145 was adopted that requires Member States to put in place 
a  system  whereby  the  persons  who  intentionally,  recklessly  or  through  serious 
negligence cause ship-source pollution are subject to adequate penalties. In 2008, the 
Commission proposed amending this directive146 following the annulment in 2007 of 
the Council framework147 on which it was based. 

The  Commission  will  come  forward  with  an  appropriate  proposal  to  improve  the 
existing rules on port reception facilities.148 

4.2.2.9.  Ship end-of-life 

Ships have an average life of between 20 and 30 years. Those now reaching the end 
of their life, something that is being accelerated by the ban on single-hulled tankers 
in EU waters, are often those constructed in the 1970s or 80s, which do not meet the 

142 
143 

144 
145 

146 

147 

148 

MARPOL 73/78 
Commission Directive 2007/71/EC of 13 December 2007 amending Annex II of Directive 2000/59/EC 
of  the  European  Parliament  and  the  Council  on  port  reception  facilities  for  ship-generated  waste  and 
cargo residues, OJ L 329, 14.12.2007, p. 33 
MARPOL's annex IV regulations 
Directive  2005/35/EC  of  the  European  Parliament  and  of  the  Council  of  7  September  2005  on  ship-
source pollution and on the introduction of penalties for infringements, OJ L 255, 30.9.2005, p. 11 
Proposal for a Directive of the European Parliament and of the Council amending Directive 2005/35/EC 
on ship source pollution and on the introduction of penalties for infringements, COM (2008) 134  
Council Framework Decision 2005/667/JHA of 12 July 2005 to strengthen the criminal-law framework 
for the enforcement of the law against ship-source pollution, OJ L 255, 30.9.2005, p. 164 
See Communication on a European Ports Policy, COM (2007) 616 

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32 

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same standards as modern ships. They contain large amounts of hazardous materials, 
such  as  asbestos  (in  particular  if  built  before  the  1980s),  oils  and  oil  sludge,  PCBs 
(polychlorinated biphenyls), and heavy metals in paints and equipment. 

The  Waste  Framework  Directive149  covers  ship  dismantling  in  the  EU;  however, 
most  are  dismantled  abroad,  usually  in  South  Asia,  complying  with  local 
environmental requirements. 

The  United  Nations'  Basel  convention,  to  which  the  European  Community  and 
Member  States  are  signatories,  bans  the  export  of  hazardous  waste  from  OECD  to 
non-OECD  countries.  This  was  incorporated  into  EU  law  in  1997  through  an 
amendment  to  the  Waste  Shipment  Regulation.150  In  practice  this  means  that  all 
ships,  irrespective  of  whether  they  are  flagged  or  owned  in  the  EU,  must  not  be 
exported  for  dismantling  without  first  having  been  stripped  of  their  hazardous 
materials; in reality this export ban is difficult to enforce.151 

As  an  alternative  to  the  Basel  Convention  ban,  Member  States  were  encouraged  to 
actively support  the development  of  an effective IMO Convention  for the  Safe  and 
Environmentally  Sound  Recycling  of  Ships.  The  International  Ship  Recycling 
Convention  should  be  adopted  in  an  IMO  Diplomatic  Conference  in  May  2009  in 
Hong Kong.  

Meanwhile,  the  Commission  is  currently  considering  different  options  for  making 
progress on the issue152 and will produce a policy document in autumn 2008.  

4.2.3. 

Infrastructure 

The Commission is currently153 developing a road map to facilitate the development 
of maritime spatial planning by Member States which will build upon existing work 
on integrated coastal zone management.154 It is also planning to issue guidelines on 
the  application  of  the  relevant  Community  environmental  legislation  to  port 
development before the end of 2008. 

4.2.4.  Research and Technology 

The  Commission  has  funded  and  continues  to  fund  research  projects  on  all  issues 
mentioned in this section. 

149 

150 

151 
152 
153 

154 

Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste, OJ L 
114, 27.4.2006, p. 9–21 
Regulation  (EC)  No  1013/2006  of  the  European  Parliament  and  of  the  Council  of  14  June  2006  on 
shipments of waste, OJ L 190, 12.7.2006, p. 1–98 
Commission Green Paper on better ship dismantling, COM (2007) 269 
Commission Green Paper on better ship dismantling, COM (2007) 269 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  The  European 
economic and Social Committee and the Committee of the Regions: An Integrated Maritime Policy for 
the European Union, COM(2007) 575 final 
Recommendation  of  the  European  Parliament  and  of  the  Council  of  30  May  2002  concerning  the 
implementation of Integrated Coastal Zone Management in Europe (2002/413/EC), OJ L 148, 6.6.2002, 
p. 24 

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33 

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4.3. 

Noise 

4.3.1.  Regulatory Instruments 

EU  rules  exist155  setting  maximum  noise  emissions  from  recreational  craft, 
depending  on  engine  size.  In  2007  the  Commission  reviewed156  the  legislation  in 
force  and  concluded  that  further  noise  reduction  would  only  be  effective  for  low-
power craft, which are best dealt with by local operating restrictions rather than EU 
rules. 

EU  rules  will  require  noise  emissions  from  ships  and  recreational  craft  to  be 
considered when devising strategies to reach good environmental quality (see section 
2.3.2.1). 

4.4. 

Accidents 

Ships  flying  the  flag  of  a  Member  State  have  to  be  constructed  and  maintained  in 
accordance  with  the  hull,  machinery  and  electrical  and  control  installation 
requirements  of  a  recognised  organisation.157  These  requirements  are  set  by  these 
organisations.158 

4.4.1.  Regulatory Instruments 

4.4.1.1.  Ship design 

International  rules159  require  new  oil  tankers  to  meet  "double  hull  or  equivalent" 
design standards and the phasing out of single-hull tankers. These rules also prohibit 
the carriage of heavy fuel in single hull tankers.  

These  rules  have  also  been  put  into  in  Community  law160  with  the  phasing  out  of 
single hull oil tankers being required on a similar timetable to the international rules 
and using single hull tankers to carry heavy grade of fuel being banned in EU waters 
and by vessels flying the flag of a Member State. 

155 

156 

157 

158 
159 
160 

Directive  2003/44/EC  of  the  European  Parliament  and  of  the  Council  of  16  June  2003  amending 
Directive 94/25/EC on the approximation of the laws, regulations and administrative provisions of the 
Member States relating to recreational craft, OJ L 214 of 26.8.2003, p. 18. 
Communication  form  the  Commission  to  the  Council  and  the  European  Parliament:  Report  on  the 
possibilities  of  further  improving  the  environmental  characteristics  of  recreational  craft  engines, 
submitted  pursuant  to  Article  2  of  Directive  2003/44/EC  amending  Directive  94/25/EC  relating  to 
recreational craft, COM(2007) 313 
Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspections 
and  survey  organisations  and  for  the  relevant  activities  of  maritime  administration,  OJ  L  319, 
12.12.1994, p. 20, as amended by Commission Directive 97/58/EC of 26 September 1997 (OJ L 274, 
7.10.1997, p. 8), Directive 2001/105/EC of the European Parliament and of the Council of !9 December 
2001 (OJ L 19, 22.1.2002, p. 19), Directive 2002/84/EC of the European Parliament and of the Council 
of 5 November 2002 (OJ L 324, 29.11.2002, p. 53) 
For example, Lloyd's Register, DNV, Bureau Veritas, Germanische Lloyd and Registro Italiano Navale 
MARPOL 73/78 Annex I  
Regulation (EC) No 417/2002 of the European Parliament and of the Council of 18 February 2002 on 
the accelerated phasing-in of double hull or equivalent design requirements for single hull oil tankers 
and repealing Council Regulation (EC) No 2978/94, OJ L 64, 7.3.2002, p. 64 

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EU rules161 set rules for the design of passenger ships or high speed passenger craft 
when engaged on domestic voyages (i.e. not international traffic) and sets procedures 
for attempting to have these same rules adopted for international traffic through the 
IMO.  

EU  rules162  also  establish  a  type-approval  system  for  various  types  of  marine 
equipment with the aim of enhancing safety and preventing marine pollution, while 
facilitating their free movement in the EU. Proposals to revise or recast the directive 
are planned for late 2008. 

EU  rules  on  recreational  craft163  require  them  to  be  designed  to  prevent  accidental 
discharges  of  pollutants,  including  having  holding  tanks  for  sewage  and  pipes  that 
can be closed off.  

4.4.1.2.  Dangerous goods carriage 

No dangerous or polluting goods can be taken on any ship in an EU port without a 
declaration  having  been  made  about  its  nature.164  For  most  ships,  this  information 
then  has  to  be  notified  to  the  ship's  next  port  of  call  or  anchorage.  Exemptions  are 
possible, but are subject to regular inspections. For all ships, inspections also have to 
check whether this requirement has been complied with. 

4.4.1.3.  Inspections 

For port state controls, inspections have to be carried out165 on a certain percentage 
of  vessels166  calling  at  Member  State  ports,  as  well  as  on  certain  high-risk  ships. 
These  are  primarily  concerned  with  safety,  but  also  have  a  maritime  pollution 
element. If the deficiencies are found Member States are required to detain a vessel 
or  stop  the  activity.  In  most  cases  the  absence  of  an  appropriate  international 
management code for the safe operation of ships and for pollution prevention (ISM 
code) certificate means that the vessel will also be detained for rectification. Under 
certain conditions the ship may leave port to go to an appropriate repair yard. If the 
ship  leaves  port  without  permission  it  should  generally  be  refused  entry  to  another 
EU port. 

161 

162 
163 

164 

165 

166 

Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships, OJ L 
144, 15.5.98, p. 1 
Council Directive 96/98/EC of 20 December 1996 on marine equipment, OJ L 46, 17/02/1997, p. 25-56 
Directive  2003/44/EC  of  the  European  Parliament  and  of  the  Council  of  16  June  2003  amending 
Directive 94/25/EC on the approximation of the laws, regulations and administrative provisions of the 
Member States relating to recreational craft, OJ L 214 of 26.8.2003, p. 18. 
Directive  2002/59/EC  of  the  European  Parliament  and  of  the  Council  of  27  June  2002  establishing  a 
Community vessel traffic monitoring and information system and repealing Directive 93/75/EEC, OJ L 
208 of 5.8.2002, p. 10 
Council Directive 95/21/EC of 19 June 1995 on port State control of shipping, OJ L 157, 7.7.1995, p. 
1),  as  amended  by  Council  Directive  98/25/EC  of  27  April  1998  (OJ  L  133,  7.5.1998,  p.  19), 
Commission Directive 98/42/EC of 19 June 1998 (OJ L 184 27.6.1998, p. 40), Commission Directive 
1999/97/EC  of  13  December  1999  (OJ  L  331,  23.12.1999,  p.  67),  Directive  2001/106/EC  of  the 
European Parliament and of the Council of 19 December 2001 (OJ L 19, 22.1.2002, p. 17), Directive 
2002/84/EC  of  the  European  Parliament  and  of  the  Council  of  5  November  2002  (OJ  L  324, 
29.11.2002, p. 53) 
Fishing vessels, warships, naval auxiliaries, wooden ships of a primitive build, government ships used 
for non-commercial purposes and pleasure yachts not engaged in trade are excluded. 

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For flag states surveys, an organisation carrying out inspections and surveys of ships 
for a Member State for ships flying its flag, has to be "recognised" under EU rules.167 
If  the  pollution  prevention  performance  of  the  organisation  worsens,  there  are  a 
number of steps leading to the "recognition" being withdrawn.  

If  a  Member  State  (or  its  inspectors)  finds  that  despite  a  ship  visiting  one  of  their 
ports  or  sailing  through  their  waters  having  a  valid  safety  certificate,  there  is  a 
serious  threat  to  the  environment,  then  the  flag  state  concerned,  the  Commission, 
other Member States and the recognised organisation have to be informed. 

4.4.1.4.  Places of refuge 

EU rules168 require Member States to draw up plans to accommodate ships in distress 
in  their  waters.  Member  States  may  also  have  arrangements  for  assistance,  salvage 
and  pollution  response  in  place.  If  there  is  exceptionally  bad  weather  and  the 
competent authorities consider that there is a serious threat of pollution ships can also 
be  prohibited  from  entering  or  leaving  a  port.  In  the  event  of  exceptionally  bad 
weather, Member States' competent authorities "shall" limit as much as possible the 
bunkering of ships in their territorial waters. 

4.4.1.5.  Reporting accidents at sea 

Member  States  are  required169  to  monitor  and  take  measures  to  ensure  that  ships 
within their jurisdiction immediately report any situation liable to lead to pollution of 
the  waters or  shore  of a Member State, such  as the discharge of polluting  products 
into  the  sea  and  any  slick  of  polluting  materials  and  containers  or  packages  seen 
drifting  at  sea.  If  an  incident  or  accident  happens  at  sea,  Member  States  are  also 
required  to  take  all  appropriate  measures  to  protect  the  marine  environment.  The 
operator, the master of the ship and the owner of the dangerous or polluting goods on 
the  ship  must  cooperate  fully  with  the  competent  national  authorities  in  order  to 
minimise the consequences of an incident or accident at sea. 

4.4.1.6.  Certificates of maritime excellence 

In  2009,  the  Commission  will  come  forward170  with  an  action  plan  to  improve  the 
qualifications of seafarers by establishing a Certificate of Maritime excellence. The 
intention is to have this as a way of supplying highly knowledgeable personnel to the 

167 

168 

169 

170 

Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspections 
and  survey  organisations  and  for  the  relevant  activities  of  maritime  administration,  OJ  L  319, 
12.12.1994, p. 20, as amended by Commission Directive 97/58/EC of 26 September 1997 (OJ L 274, 
7.10.1997, p. 8), Directive 2001/105/EC of the European Parliament and of the Council of !9 December 
2001 (OJ L 19, 22.1.2002, p. 19), Directive 2002/84/EC of the European Parliament and of the Council 
of 5 November 2002 (OJ L 324, 29.11.2002, p. 53) 
Directive  2002/59/EC  of  the  European  Parliament  and  of  the  Council  of  27  June  2002  establishing  a 
Community vessel traffic monitoring and information system and repealing Directive 93/75/EEC, OJ L 
208 of 5.8.2002, p. 10 
Directive  2002/59/EC  of  the  European  Parliament  and  of  the  Council  of  27  June  2002  establishing  a 
Community vessel traffic monitoring and information system and repealing Directive 93/75/EEC, OJ L 
208 of 5.8.2002, p. 10 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  The  European 
economic and Social Committee and the Committee of the Regions: An Integrated Maritime Policy for 
the European Union, COM(2007) 575 final 

EN 

36 

   EN 

 
                                                 
shipping  industry  and  the  maritime  clusters,  this  knowledge  will  have  safety  and 
environmental components.  

4.4.1.7.  Vessel Traffic Monitoring Systems 

By the end of 2008, Member States must have in place the equipment and measures 
to  ensure  that  information  about  the  automatic  identification  of  ships  can  be  fully 
used. There are various requirements laid down for monitoring ships and their entry 
into  port.171  These  include  the  obligatory  advance  notification  of  dangerous  or 
polluting goods as cargo.  

The  Commission  is  also  committed172  to  promoting  improved  cross-border  and 
cross-sectoral  cooperation  between  Member  States  by  setting  up  a  network  of  ship 
tracking  and  e-navigation  systems.  This  will  be  done  by  bringing  together  existing 
surveillance, monitoring and reporting systems currently operating in the EU. 

4.4.1.8.  Maintenance of recreational craft 

EU rules state that information should be given to the owner on how the recreational 
craft should be maintained.173 

4.4.2.  Research and Technology 

Maritime  safety  has  been  an  important  element  of  past  framework  research 
programmes  and  will  continue  to  be  a  key  issue  in  the  transport  theme  of  the  7th 
"Cooperation"  specific  programme.  Both  ship  design  and  navigation  systems  have 
been covered, which have a positive impact on avoiding accidents. 

171 

172 

173 

Directive  2002/59/EC  of  the  European  Parliament  and  of  the  Council  of  27  June  2002  establishing  a 
Community vessel traffic monitoring and information system and repealing Directive 93/75/EEC, OJ L 
208 of 5.8.2002, p. 10 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  The  European 
economic and Social Committee and the Committee of the Regions: An Integrated Maritime Policy for 
the European Union, COM(2007) 575 final 
Directive  2003/44/EC  of  the  European  Parliament  and  of  the  Council  of  16  June  2003  amending 
Directive 94/25/EC on the approximation of the laws, regulations and administrative provisions of the 
Member States relating to recreational craft, OJ L 214 of 26.8.2003, p. 18. 

EN 

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5. 

INLAND WATERWAYS 

Inland waterway transport plays an important role in European goods transport. More 
than  37 000  kilometres  of  waterways  connect  hundreds  of  cities  and  industrial 
regions. While 20 out of 27 Member States have inland waterways, 12 of which have 
an interconnected waterway network, the modal share of river transport accounts for 
5.3% of the total inland transport in the European Union. In 2006, 138 billion tonne-
kilometres  and  more  than  500  million  tonnes  of  freight  were  transported  by  inland 
waterways in the Union by an estimated 12 500 vessels.174  

The  2006  Mid-Term  Review  of  the  Transport  White  Paper  highlighted  the 
importance  of  inland  waterway  transport  on  certain  corridors,  particularly  in  North 
West  Europe.  The  NAIADES  (Navigation  And  Inland  waterway  Action  and 
Development  in  Europe)  action  plan  is  the  EU  strategy  for  promoting  the  use  of 
inland waterways for transport.175 This sets out actions for different actors, some of 
which  are  linked  to  reducing  environmental  impacts,  for  the  period  2006  to  2013. 
The  specific  measures  are  covered  in  the  appropriate  sections  below.  Recreational 
craft  also  navigate  on  the  EU's  inland  waterways;  however  they  are  covered  in 
section 4. 

There are two international river navigation commissions, for the Rhine and for the 
Danube,  which  set  rules  for  the  transport  of  goods  and  passengers  in  parts  of  their 
river  basin.  The  Commission  participates  as  an  observer  in  both  and  the  relevant 
Member  States  are  full  members.  The  Rhine  Convention  is  particularly  significant 
given  its  overall  share  of  inland  waterways  traffic  and  the  fact  that  its  rules  are 
binding.  Two  international  river  protection  commissions  –  again  for  the  Rhine  and 
Danube  -  also  exist  and  play  an  important  role  in  implementing  the  EU  water 
framework directive (see 2.3.2.1). 

5.1. 

Climate change 

5.1.1.  Economic Instruments 

The  NAIADES  action  programme176  suggests  that  infrastructure  charging  in  the 
sector should be harmonised by 2013. The Commission is in favour of ports charging 
to  encourage  less  polluting  ships;177  this  would  equally  apply  to  inland  waterways 
vessels. 

174 

175 

176 

177 

In  EU  law,  inland  waterway  vessels  are  generally  defined  as  "intended  for  use  on  inland  waterways 
having a length of 20 metres or more or vessels for which the product of length, breadth an draught is 
100m³ volume or more, or tugs or pusher craft having been built to tow or to push or to move alongside 
vessels of 20 metres or more. The definition does not include passenger transport vessels carrying less 
than 13 passengers.  
Communication  from  the  Commission  on  the  promotion  of  inland  waterway  transport,  "NAIADES": 
An integrated European action programme for inland waterways transport, COM (2006) 6  
Communication  from  the  Commission  on  the  promotion  of  inland  waterway  transport,  "NAIADES": 
An integrated European action programme for inland waterways transport, COM (2006) 6 
Communication on a European Ports Policy, COM (2007) 616 

EN 

38 

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In addition to the EU rules mentioned in section 2.1.1, EU taxation rules178 require 
fuel used inland waterways to be taxed, although Member States can apply a zero or 
reduced rate of tax to all except, private pleasure craft. 

5.1.2. 

Infrastructure 

The use of shore-side electricity in inland ports could be envisaged in the same way 
as for the maritime sector (see section 4.1.2.2). 

5.1.3.  Research and Technology 

The  NAIADES  action  programme179  states  that  research  into  commercially-viable 
non-carbon  fuels  e.g.  hydrogen  fuel  cells  and  zero-emission  engines  should  be 
pursued at national level, as should the identification of technologies to reduce fuel 
consumption. Within the NAIADES framework, the Commission is also considering 
ways  to  help  finance  fleet  modernisation  to,  amongst  other  things,  improve 
environmental performance. 

5.2. 

Local Pollution 

5.2.1.  Regulatory Instruments 

5.2.1.1.  Water pollution 

EU  rules180  require  that  emissions  of  carbon  monoxide,  hydrocarbons,  oxides  of 
nitrogen and particulates from new engines for inland waterway vessels sold in the 
EU  comply  with  emission  limit  values.  These  are  shown  in  Annex  I.  The 
Commission  is  currently  assessing  the  impacts  of  tightening  these  emissions  limits 
and of introducing "in-use compliance" mechanisms. 

There are also EU rules181 that give detailed requirements for new vessels on how to 
handle engine and lubricating oil, as well as oil used in hydraulic systems, in order to 
prevent  emissions  to  water.  There  are  EU  rules  on  the  equipment  required  for  the 
transporting  hazardous  materials.  Additionally  passenger  vessels  must  have  waste 
water  collecting  tanks  or  appropriate  on–board  sewage  treatment  systems.  The 
Commission is planning new rules on how engines should be maintained and the use 
of replacement parts and their characteristics.182 

178 

179 

180 

181 

182 

Council  Directive  2003/96/EC  of  27  October  2003  restructuring  the  Community  framework  for  the 
taxation of energy products and electricity, OJ L 283 31.10.2003, p. 51 
Communication  from  the  Commission  on  the  promotion  of  inland  waterway  transport,  "NAIADES": 
An integrated European action programme for inland waterways transport, COM (2006) 6 
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 
Annex II, Article 8.05 – 8.09, 15.14 and 10.02 respectively of Directive 2006/87/EC of the European 
Parliament  and  of  the  Council  of  12  December  2006  laying  down  technical  requirements  for  inland 
waterway vessels and repealing Council Directive 82/714/EEC, OJ L 389, 30.12.2006, p. 1 
It will make a proposal to amend Annex II, chapter 8a of Directive 2006/87/EC. 

EN 

39 

   EN 

 
                                                 
EU rules on boatmasters' certificates183 require candidates to have knowledge of the 
prevention of the pollution of waterways before obtaining the certificate.  

The  Commission  said  it  would  consider  reinforcing  the  legal  framework  for  waste 
disposal from vessels through a harmonisation proposal around 2009.184 

5.2.1.2.  Air pollution 

EU rules185 require the sulphur content of fuels used by inland waterway vessels' to 
have  a  maximum  sulphur  content  of  1 000  mg/kg.  In  2007  the  Commission 
proposed186  to  reduce  this  level  for  inland  waterway  vessels  to  300 mg/kg  from  31 
December  2009  and  10 mg/kg  from  31  December  2011.  Member  States  can  set  a 
lower limit.  

EU rules187 also set limits on the sulphur content of gas oil and marine gas oil, which 
are commonly used for inland navigation to 0.1%. They also require Member States 
to ensure that, from 1 January 2010 fuels used by inland waterway vessels on inland 
waterways do not use marine fuels (including marine gas oil and marine diesel oil) 
with a sulphur content exceeding 0.1% by mass. Vessels are exempt if they have a 
certificate  proving  conformity  with  the  International  Convention  for  the  Safety  of 
Life  at  Sea  1974  (as  amended)  or  if  they  use  an  approved  emission  abatement 
technology  which  continuously  achieves  emission  reductions  which  are  at  least 
equivalent to those which would be achieved through the limits on sulphur and the 
emissions are continuously monitored. 

5.2.2. 

Infrastructure 

As stated in section 4.2.3,188 the Commission will issue guidelines on the application 
of Community environmental legislation to port development. 

183 

184 

185 

186 

187 

188 

Council  Directive  96/50/EC  of  23  July  1996  on  the  harmonization  of  the  conditions  for  obtaining 
national  boatmasters'  certificates  for  the  carriage  of  goods  and  passengers  by  inland  waterway  in  the 
Community, OJ L 235, 17.9.1996, p. 31 
Communication  from  the  Commission  on  the  promotion  of  inland  waterway  transport,  "NAIADES": 
An integrated European action programme for inland waterways transport, COM (2006) 6 
Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain 
liquid  fuels  and  amending  Directive  93/12/EEC,  (OJ  L  121,  11.5.1999,  p.  13)  as  amended  by 
Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003 
(OJ  L  284  of  31.10.2003,  p.  1)  and  Directive  2005/33/EC  of  the  European  Parliament  and  of  the 
Council of 6 July 2005 (OJ L 191 of 22.7.2005, p. 59) 
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 
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, COM (2007) 18 
Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain 
liquid  fuels  and  amending  Directive  93/12/EEC,  (OJ  L  121,  11.5.1999,  p.  13)  as  amended  by 
Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003 
(OJ  L  284  of  31.10.2003,  p.  1)  and  Directive  2005/33/EC  of  the  European  Parliament  and  of  the 
Council of 6 July 2005 (OJ L 191 of 22.7.2005, p. 59) 
Communication from the Commission on a European Ports Policy, COM (2007) 616 

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40 

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5.2.3.  Research and Technology 

Projects on electronic chart display information systems (ECDIS) have been financed 
by EU framework research programmes. 

5.3. 

Noise 

5.3.1.  Regulatory Instruments 

EU  rules189  require  all  non-passenger  vessels  with  a  dead  weight  of  more  than  350 
tonnes which travel on inland waterways to not exceed 75 dB(A) when moving and 
65 dB(A) when stationary. For passenger vessels these requirements will enter into 
force on 1 January 2015. 

5.4. 

Accidents 

5.4.1.  Regulatory Instruments 

EU rules190 set detailed technical requirements for many aspects of inland waterways 
vessels which aim at a high level of safety. 

There  are  EU  rules  setting  the  minimum  examination  requirements  for  safety 
advisers for the transport of dangerous goods on inland waterways,191 as well as for 
their appointment and vocational qualifications.192 Both of these sets of rules will be 
revised  in  2009,  when  EU  rules193  for  the  transport  of  dangerous  goods  by  inland 
waterways will also be introduced. 

EU rules194 exist setting out the conditions for obtaining a Community Boatmasters' 
Certificate  in  order  to  be  able  to  navigate  on  EU  waterways.  These  include  a 
minimum  age  and  professional  experience,  physical  and  mental  fitness  and  a 
theoretical  examination,  which  include  having  knowledge  of  water  pollution.  The 
requirements do not apply to vessels less than 20 metres long or to passenger vessels 
carrying less than 12 passengers.  

189 

190 

191 

192 

193 

194 

Directive  2006/87/EC  of  the  European  Parliament  and  of  the  Council  of  12  December  2006  laying 
down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC, 
OJ L 389, 30.12.2006, p. 1 
Directive  2006/87/EC  of  the  European  Parliament  and  of  the  Council  of  12  December  2006  laying 
down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC, 
OJ L 389, 30.12.2006, p. 1 
Directive  2000/18/EC  of  the  European  Parliament  and  of  the  Council  of  17  April  2000  on  minimum 
examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland 
waterway, OJ L 118, 19.5.2000, p. 41 
Council Directive 96/35/EC of 3 June 1996 on the appointment and vocational qualification of safety 
advisers for the transport of dangerous goods by road, rail and inland waterway, OJ L 145, 19.6.1996, p. 
10 
Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  on  the  inland  transport  of 
dangerous goods, COM(2006) 852 final  
Council  Directive  96/50/EC  of  23  July  1996  on  the  harmonization  of  the  conditions  for  obtaining 
national  boatmasters'  certificates  for  the  carriage  of  goods  and  passengers  by  inland  waterway  in  the 
Community, OJ L 235, 17.9.1996, p. 31 

EN 

41 

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6. 

RAIL 

The EU rail network is divided into high-speed and conventional track. 50% of the 
track is electrified and by distance 80% of the freight tonnage transported is on this 
network.  There  are  between  15 000-18 000  diesel  locomotives  in  Europe  with  an 
average age of 27.195 Engines need to be replaced around every 20 years; around 500 
new engines are bought every year. In comparison, there were an estimated 825 000 
freight  wagons  in  the  EU  in  2000.  They  have  an  average  lifetime  of  40  years  and 
roughly  15 000-20 000  are  bought  annually.  They  travel  an  average  of  between  10 
and 30 000 km/year. 

At the EU level, the general policy approach has been one to favour the development 
of  rail  transport  by  increasing  reliability,  competition  and  capacity  and  hence  its 
attractiveness  relative  to  other  modes  of  transport.  The  2006  Mid-Term  Review  of 
levels  of 
the  Transport  White  Paper  underlined 
interoperability,  the  lack  of  mutual  recognition  of  rolling  stock  and  products,  the 
weak coordination of infrastructure and interconnection of IT systems. Exploiting the 
potential  of  rail  has  been  a  key  focus  of  recent  Commission  initiatives,  including 
developing a rail network giving priority to freight.196 

the  need 

tackle 

low 

to 

6.1. 

Climate change 

6.1.1.  Economic Instruments 

In  addition  to  the  general  EU  rules  mentioned  in  section  2.1.1  EU  rules197  set 
minimum  taxation  levels  for  both  electricity  and  diesel  fuels;  however,  tax 
exemption or reductions are allowed for all rail, metro and tram transport, partly as a 
result of their advantages over road transport. 

EU rules198 harmonise charging principles for the use of railway infrastructure. They 
allow infrastructure charges to take account of the cost of the environmental impact 
of  train  operations.  The  charges  need  to  be  proportional  to  the  impact  and  must  be 
revenue neutral for the infrastructure manager unless competing modes of transport 
are also subject to the charge. Member States can also compensate rail infrastructure 
for  any  competitive  disadvantage  it  may  suffer  because  other  competing  modes  of 
transport  have  higher  unpaid  external  environmental  costs.  This  compensation  can 
only be paid if external costs for other modes of transport are greater and then only 
for the difference; however, for as long as the legislation does not explicitly authorise 
charging heavy goods vehicles for external costs through tolls, Member States cannot 
introduce  the  reform  of  tax/charge  structures  required  to  better  internalise  external 
costs in rail transport. 

195 
196 
197 

198 

Halder, M. and Löchter, A. (2005) Rail Diesel Study, WP1 Final Report. 
COM (2007) 608 final 
Council  Directive  2003/96/EC  of  27  October  2003  restructuring  the  Community  framework  for  the 
taxation of energy products and electricity, OJ L 283 31.10.2003, p. 51 
Directive  2001/14/EC  of  the  European  Parliament  and  of  the  Council  of  26  February  2001  on  the 
allocation  of  railway  infrastructure  capacity  and  the  levying  of  charges  for  the  use  of  railway 
infrastructure and safety certification, OJ L 75, 15.03.2001, p. 29, and Council Directive 91/440/EC of 
29 July 1991 on the development of the Community's railways, OJ L 237, 24.8.1991, p. 25  

EN 

42 

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Opening this policy option is a key part of the Commission's strategy to internalise 
the  external  costs  of  transport  (see  section  2.1.1).  This  will  be  done  through  a 
combination  of  the  Commission's  proposal  to  revise  the  directive  on  infrastructure 
charging  for  heavy  goods  vehicles  (see  section  7.4.1)  and  revising  the  EU  rules  on 
rail infrastructure charging, which will be proposed in late 2008. 

6.1.2.  Research and Technology 

The  TRAINER  project,  part-financed  by  the  EU's  Intelligent  Energy  –  Europe 
programme aims to encourage train drivers to drive trains in a more energy efficient 
way. The project, which began in 2006, targets 25 000 drivers in 5 EU countries and 
will result in 1 million tonnes of CO2 emissions being avoided as well as significant 
amounts  of  other  emissions.  The  project  estimates  that  if  the  training  programme 
were  to  be  extended  to  all  150 000  EU  train  drivers,  around  6.5  million  tonnes  of 
CO2 would be saved annually. 

The RAILENERGY project has also looked specifically at reducing CO2 emissions 
from the rail sector. 

6.2. 

Local Pollution 

6.2.1.  Economic Instruments 

EU  rules  on  rail  infrastructure  charging  (see  section  6.1.1)  can  also  cover  local 
pollution. 

6.2.2.  Regulatory Instruments 

EU  rules  limit199  the  emissions  of  CO,  hydrocarbons  and  NOx  combined,  and 
particulates  that  can  be  emitted  from  new  locomotive  engines.  From  2010  tighter 
values apply. 

For high-speed rail the technical specifications200 state that the materials selected for 
use on rolling stock shall minimise the emission of harmful and dangerous fumes or 
gases during use of the trains.  

EU  rules  require  gas  oils  intended  for  use  by  non-road  mobile  machinery  (which 
includes locomotives engines) to have a maximum sulphur content of 1 000 mg/kg. 
In 2007 the Commission proposed201 to reduce this to 10 mg/kg on 1 January 2009, 

199 

200 

201 

Directive  2004/26/EC  of  the  European  Parliament  and  of  the  Council  of  21  April  2004  amending 
Directive 97/68/EC 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 146 of 30.4.2004, p.1-107 
Commission  Decision  2002/735/EC  of  30  May  2002  concerning  the  technical  specification  for 
interoperability  relating  to  the  rolling  stock  subsystem  of  the  trans-European  high-speed  rail  system 
referred to in Article 6(1) of Directive 96/48/EC, OJ L 245 of 12.9.2002, p. 402 
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 
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, COM (2007) 18 

EN 

43 

   EN 

 
                                                 
unless  this  needs  to  be  changed  in  order  to  ensure  that  there  is  no  increase  in 
greenhouse gas emissions. 

6.2.3.  Research and Technology 

Research  into  cleaner  and  more  efficient  diesel  locomotives  is  currently  ongoing 
under the framework research programmes (see section 2.1.5). 

For railway infrastructure the INFRAGUIDER project funded under the framework 
research  programme  is  looking  into  the  local  environmental  impacts  of  railway 
infrastructure construction and renovation. 

6.3. 

Noise 

6.3.1.  Economic Instruments 

EU  rules  on  rail  infrastructure  charging  (see  section  6.1.1)  can  also  cover  local 
pollution. 

6.3.2.  Regulatory Instruments 

EU rules limit noise emissions from both conventional202 and high-speed rail.203 For 
conventional  rail,  these  apply  to  new  or  renewed  rolling  stock,  including  diesel204 
and  electric  engines,  coaches,  freight  wagons  and  multiple  units.  In  reality,  new 
rolling stock for conventional rail have to have low-noise brake-blocks which reduce 
noise emissions by 50%.  

There  are  particular  requirements  for  conventional  rail  belonging  to  the  Trans-
European rail network system. These seek to ensure that noise levels do not increase 
after  renewal  or  upgrading,  and  for  freight  wagons  that  if  the  braking  system  has 
been  changed,  they  have  either  been  equipped  with  composite  blocks  or  meet  the 
limits  for  new  wagons.  For  high-speed  rail  the  technical  specifications  limit  noise 
emissions.205 

Alongside this inventory, the Commission produced a Communication on abatement 
measures  for  rail  noise  in  2008,  and  will  follow  this  with  a  legislative  proposal 
towards the end of 2008 to ensure the retrofitting of low noise brake blocks on most 
existing rolling stock. 

202 

203 

204 

205 

Commission  Decision  2006/66/EC  of  23  December  2005  concerning  the  technical  specification  for 
interoperability relating to the subsystem "rolling stock – noise" of the trans-European Conventional rail 
system, OJ L 37, 8.2.2006, p. 1 
Commission  Decision  2002/735/EC  of  30  May  2002  concerning  the  technical  specification  for 
interoperability  relating  to  the  rolling  stock  subsystem  of  the  trans-European  high-speed  rail  system 
referred to in Article 6(1) of Directive 96/48/EC, OJ L 245 of 12.9.2002, p. 402 
There  are some  exemptions both permanent  and  temporary.  The permanent  exemptions  are for diesel 
locomotives on the British and Irish networks for starting and stationary noise. 
The limits do not apply to parts of the system that have been renewed or subject to "maintenance-related 
replacement". Upgraded parts of the system apply the limits under certain circumstances. The limits are 
65 dB(A) measured continuously or 70dB(A) intermittently when in stations or stabling track; and 87 
dB(A) at a speed of 250 km/h, 91 dB(A) at a speed of 300 km/h and 92 dB(A) at a speed of 320 km/h 
(linear interpolation for other maximum speeds), when in service. 

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6.3.3. 

Infrastructure 

EU technical specifications for high-speed rail206 state that train noise can be reduced 
by  installing  "sound-attenuating  measures"  along  the  track  in  areas  particularly 
sensitive to noise, however this is not compulsory.  Infrastructure is not included in 
the noise technical specifications for conventional rail but this is planned and is part 
of a formal mandate to the European Railway Agency. 

6.3.4.  Research and Technology 

The  Strategies  and  Tools  to  Assess  and  Implement  noise  Reducing  measures  for 
Railway  Systems  (STAIRRS)  project,  financed  under  the  5th  Research  Framework 
Programme,  brought  together  the  results  of  several  other  research  projects  into  a 
practical  tool  that  calculates  the  costs  of  achieving  different  noise  reduction  targets 
for  railways  as  well  as  what  action  needs  to  be  taken.  Under  the  6th  Research 
Framework Programme, several projects looked at railway noise in different railway 
environments (urban rail, conventional rail, shunting yards etc.). Further projects are 
likely to be financed under the 7th Research Framework Programme. 

6.4. 

Congestion 

6.4.1.  Economic Instruments 

EU  rules  on  charging  for  the  use  of  railway  infrastructure  (see  section  6.1.1) 
explicitly aim to optimise its use. Where demand for train paths (i.e. the use of the 
track)  exceeds  capacity,  the  infrastructure  is  allowed  to  levy  a  scarcity  charge  in 
order to give priority to those potential users with the highest willingness to pay. In 
addition,  penalties  for  those  causing  delays  (be  they  infrastructure  managers  or 
network  users)  mean  that  there  is  an  incentive  to  reduce  delays  –  and  hence  to 
increase traffic flow and network capacity. 

6.4.2. 

Infrastructure 

Since  March  2003,  all  new  high  speed  lines  must  be  equipped  with  ERTMS  (the 
European  Rail  Traffic  Monitoring  System)  and,  since  September  2006,  all  new 
sections for conventional priority projects.207 ERTMS will have two positive effects. 
First  it  will  allow  increased  capacity  on  the  railways,  thereby  reducing  overall 
emissions if it entails a modal shift from more-polluting modes of transport. Second 
it will allow train drivers to know the next three signals therefore allowing them to 
adjust their driving behaviour to minimise acceleration or braking, hence being more 
energy efficient. 

206 

207 

Commission  Decision  2008/735/EC  of  30  May  2002  concerning  the  technical  specification  for 
interoperability  relating  to  the  rolling  stock  subsystem  of  the  trans-European  high-speed  rail  system 
referred to in Article 6(1) of Directive 96/48/EC, OJ L 245, 12.9.2002, p. 402 
Decision No 884/2004/EC of the European Parliament and of the Council of 29 April 2004 amending 
Decision  No  1692/96/EC  on  Community  guidelines  for  the  development  of  the  trans-European 
transport network (Text with EEA relevance), OJ L 167, 30.4.2004, p. 1–38  

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6.4.3.  Research and Technology 

Several  projects  in  the  6th  and  7th  Research  Framework  Programmes  address  the 
development  of  components  for  interlocking  systems.  There  are  also  projects  on 
sensor and monitoring systems to control rolling stock and railway infrastructure to 
reduce incidents and advise on the need for maintenance and renovation. 

6.5. 

Accidents 

Most  safety  measures  are  national,  rather  than  European  and  there  are  often 
significant  differences  between  the  Member  States.  The  EU's  approach  has  been 
based on encouraging the interoperability of infrastructure and rolling stock, such as 
standards  for  freight  wagons  and  for  signalling  systems.  Following  the  entry  into 
force  of  EU  rules  on  rail  safety,  the  European  Railway  Agency  is  tasked  with 
preparing EU rules, which are then adopted at EU level.208 

6.5.1.  Regulatory Instruments 

EU  rules  set  out  the  principles  for  harmonised  safety  certification  and  licensing  of 
railway undertakings209 and set the framework conditions for a harmonised approach 
towards  railway  safety  in  the  European  Union.210  The  latter  include  requiring 
Member States to set up a national railway safety authority dealing with safety issues 
to monitor compliance with common and national safety rules. In addition the rules 
also require each Member State to create an independent accident investigation body. 
Other EU rules211 establish the European Railway Agency, which deals with safety 
issues  by  preparing  work  on  a  series  of  interoperability  and  common  safety  rules 
which  are  then  adopted  by  the  Commission.  An  example  of  these  is  the  common 
format for rail safety certificates.212 

In 2006 the Commission proposed213 the mutual recognition of safety authorisations 
and  extending  the  Agency's  powers  to  enable  it  to  make  an  inventory  of  different 
national safety procedures and technical regulations in force and to develop a list of 

208 

209 

210 

211 

212 

213 

Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the 
Community's  railways  and  amending  Council  Directive  95/18/EC  on  the  licensing  of  railway 
undertakings  and  Directive  2001/14/EC  on  the  allocation  of  railway  infrastructure  capacity  and  the 
levying  of  charges  for  the  use  of  railway  infrastructure  and  safety  certification  (Railway  Safety 
Directive), OJ L 164, 30.4.2004, p. 44 
Directive  2001/14/EC  of  the  European  Parliament  and  of  the  Council  of  26  February  2001  on  the 
allocation  of  railway  infrastructure  capacity  and  the  levying  of  charges  for  the  use  of  railway 
infrastructure and safety certification, OJ L 75, 15.3.2001, p. 29 
Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the 
Community's  railways  and  amending  Council  Directive  95/18/EC  on  the  licensing  of  railway 
undertakings  and  Directive  2001/14/EC  on  the  allocation  of  railway  infrastructure  capacity  and  the 
levying  of  charges  for  the  use  of  railway  infrastructure  and  safety  certification  (Railway  Safety 
Directive), OJ L 164, 30.4.2004, p. 44 
Regulation  (EC)  No  881/2004  of  the  European  Parliament  and  of  the  Council  of  29  April  2004 
establishing a European railway agency (Agency Regulation), OJ L 164, 30.4.2004, p. 1 
Commission  Regulation  EC/653/2007  of  13  June 2007  on  the  use  of  a  common  European  format  for 
safety certificates and application documents in accordance with Article 10 of Directive 2004/49/EC of 
the  European  Parliament  and  of  the  Council  and  on  the  validity  of  safety  certificates  delivered  under 
Directive 2001/14/EC, OJ L 153, 14.6.2007, p. 9 
Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council,  amending  Directive 
2004/49/EC on safety on the Community's railways, COM(2006)784  

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requirements where compliance need only be checked once because they are in line 
with internationally accepted rules. 

In  2007  new  EU  rules214  introduced  a  European  driver  licence  which  will  make  it 
easier  for  train  drivers  to  circulate  on  the  entire  European  network.  This  includes 
requirements  on  the  physical  and  occupational  psychological  fitness,  professional 
experience and knowledge. 

There are also EU rules215 on the transport of dangerous goods by rail which aim to 
reduce accidents and their negative effects. EU rules also exist setting the minimum 
examination requirements for safety advisers,216 as well as for their appointment and 
vocational  qualifications.217  All  of  these  rules  will  be  revised  in  2009.  In  addition, 
there  are  EU  rules  on  transportable  pressure  equipment218  that  can  be  used  in  rail 
transport in order to ensure that they are safe and can move freely within the internal 
market. 

6.5.2.  Research and Technology 

Several projects, such as MODTRAIN, MODBRAKE and INNOTRACK, have been 
financed  under  the  6th  Research  Framework  Programme  to  develop  technical 
specifications to increase the modularisation of rolling stock design and the design of 
infrastructure components. These projects are linked to the common interoperability 
standards and safety rules being developed by the European Railways Agency. 

214 

215 

216 

217 

218 

Directive  2007/59/EC  of  the  European  Parliament  and  of  the  Council  of  23  October  2007  on  the 
certification of train drivers operating locomotives and trains on the railway system in the Community, 
OJ L 315, 3.12.2007, p. 51 
Council  Directive  96/49/EC  of  23  July  1996  on  the  approximation  of  the  laws  of  the  Member  States 
with regard to the transport of dangerous goods by rail, OJ L 235, 17.9.1996, p. 25.  
Directive  2000/18/EC  of  the  European  Parliament  and  of  the  Council  of  17  April  2000  on  minimum 
examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland 
waterway, OJ L 118, 19.5.2000, p. 41 
Council Directive 96/35/EC of 3 June 1996 on the appointment and vocational qualification of safety 
advisers for the transport of dangerous goods by road, rail and inland waterway, OJ L 145, 19.6.1996, p. 
10 
Council  Directive  1999/36/EC  of  29  April  1999  on  transportable  pressure  equipment,  OJ  L  138, 
1.6.1999, p. 20 

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7. 

ROAD TRANSPORT 

In 2006 there were over 230 million passenger cars, 800 000 buses and coaches, 32 
million  goods  vehicles  (including  6  million  heavy  goods  vehicles)  and  31  million 
motorbikes  and  mopeds  were  registered  in  the  EU27.  The  total  number  of  vehicles 
on  the  EU's  roads  increases  every  year.  In  2004  there  were  over  61 500  km  of 
motorways  in  the  EU25,  a  figure  that  is  becoming  denser.  Road  transport  accounts 
for  over  72%  of  tonne  kilometres  in  inland  freight  transport,219  a  hare  that  is 
continually  rising.  A  similar  picture  can  be  observed  in  passenger  transport  where 
road transport – mainly by passenger cars, but also by buses and coaches as well as 
powered two-wheelers dominates (interurban and urban) rail transport by 9:1, when 
measured  in  passenger  kilometres.  Deaths  from  road  accidents  in  the  EU  have 
declined significantly from almost 76 000 in 1990 to around 43 000 in 2006. 83.5% 
of  all  CO2  emissions  come  from  road  transport  and  noise  from  the  sector  has  been 
estimated to affect 32% of the EU's population.  

At  the  EU  level,  the  general  policy  approach  is  to  improve  the  efficiency  of  all 
modes  of  transport  on  their  own  on  in  combination,  while  seeking  to  reduce  the 
external  impacts  of  motorised  transport  in  terms  of  accidents,  congestion  and  the 
environment. The 2006 Mid-Term Review of the Transport White Paper stressed the 
importance of improving road safety and reducing congestion, including through the 
use of demand management, such as smart charging, and through intelligent transport 
systems. The key role of logistics and action in urban areas was also highlighted. 

In 2006 the Commission launched the Intelligent Car Initiative220 to provide a policy 
framework for EU action to make road transport safer, cleaner and smarter by using 
advanced  information  and  communication  technologies.  This  includes  coordinating 
and  supporting  the  work  of  relevant  stakeholders,  supporting  research  and 
development and facilitating the take-up and use of research results and creating user 
acceptance.  The  progress  of  this  initiative  is  described  in  the  First  Intelligent  Car 
yearly report.221 

In 2007 the Commission set out222 how it intended to steer automotive policy, using 
the results of the CARS 21 High-Level Group, which was set up by the Commission 
in 2005 and brought together all the main stakeholders to undertake a comprehensive 
automotive-related regulatory and policy review. 

219 
220 

221 

222 

Excluding short-sea shipping; 46% including short-sea shipping. 
Communication  from  the  Commission  to  the  Council,  the  European  Parliament,  the  European 
Economic and Social Committee and the Committee of the Regions on the Intelligent Car Initiative - 
"Raising Awareness of ICT for Smarter, Safer and Cleaner Vehicles", COM (2006) 59 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions  -  Towards  Europe-wide  Safer, 
Cleaner and Efficient Mobility: The First Intelligent Car Report, COM(2007) 541 
Communication  from  the  Commission  to  the  European  Parliament  and  Council:  A  Competitive 
Automotive Regulatory Framework for the 21st Century – Commission's position on the CARS 21 High 
Level Group Final Report, A contribution to the EU's Growth and Jobs Strategy, COM (2007) 22 

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Internationally,  the  Commission  aims  to  use  international  standards,  such  as  those 
developed by World Forum for the Harmonisation of Vehicle Regulations, as much 
as possible in order to facilitate the free movement of new vehicles and components. 

All  road  vehicles  with  the  exception  of  tractors  and  bicycles  are  subject  to,  or  will 
become  subject  to  over  the  coming  years,  the  EU's  whole-vehicle  type-approval 
system.  This  system  sets  requirements  for  many  different  aspects  of  vehicle  design 
which  have  to  be  met  for  them  to  be  allowed  to  be  marketed  and  sold  on  the  EU 
market. More information on this is given in Annex III, table 1. 

In  the  following  sections  it  should  be  assumed  that  measures  apply  to  all  motor 
vehicles unless it is stated otherwise. 

7.1. 

Climate change 

The  Commission  has  had  a  strategy  to  reduce  the  CO2  emissions  from  light  duty 
vehicles (i.e. cars and vans) since 2007.223 This replaced a 1995 strategy which was 
only  for  cars224  and  was  based  on  three  pillars:  voluntary  commitments  by  the 
European,  Japanese  and  Korean  carmakers  to  reduce  average  emissions  from  new 
vehicles;  consumer  information,  through  the  labelling  of  all  new  cars;  and  fiscal 
measures to promote fuel-efficient cars. 

7.1.1.  Economic Instruments 

7.1.1.1.  Fuel Tax 

In  addition  to  the  general  EU  rules  mentioned  in  section  2.1.1  EU  rules  on  taxing 
motor  fuels  allow  Member  States  to  differentiate  tax  rates  for  certain  uses225  and 
between the commercial and non-commercial use of gas oil. 226  

7.1.1.2.  Circulation and registration tax 

In 2005 the Commission proposed227 introducing differentiation to annual circulation 
taxes  on  the  basis  of  the  grams  of  CO2/km  per  car  and  requiring  25%  of  total  tax 
revenue to be CO2 based by the end of 2008 and 50% by 2010. It also proposed the 
gradual  abolition  of  car  registration  tax  over  a  period  of  five  to  ten  years  with  the 

223 

224 

225 

226 

227 

Communication  from  the  Commission  to  the  Council  and  the  European  Parliament:  Results  of  the 
review of the Community Strategy to reduce CO2 emissions from passenger cars and light-commercial 
vehicles, COM (2007) 19 
COM (95) 689, Communication from the Commission to the Council and the European Parliament - A 
community strategy to reduce CO2 emissions from passenger cars and improve fuel economy 
It is allowed for vehicles used by public administration and the armed forces. In addition, for cars it is 
allowed  for  taxis  and vehicles  used by  disabled people; for vans  and  lorries, for waste  collection  and 
ambulances; for buses, those used for local public passenger transport; and for tractors, those used for 
waste collection. 
For commercial and non-commercial gas oil, if the level is neither lower than the EU minimum rate nor 
the national rate on 1.1.2003. This will apply to lorries if their maximum permissible laden weight is 7.5 
tonnes or more and to buses. If the lorry is subject to road user charges, the rate can only be lower than 
the national rate on 1.1.2003 if, on 1.1.2003, the rate was double the EU minimum rate on 1.1.2004, the 
overall level of taxation is broadly equivalent and the EU minimum rate is respected. 
COM(2005) 261 Proposal for a Council directive on passenger car related taxes 

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taxes  being  differentiated  on  the  basis  of  the  number  of  grams  of  CO2/km  per  car 
during the phase out period. 

7.1.1.3.  "Light-duty Environmentally-Enhanced Vehicle" (LEEV) 

In order to allow fiscal incentives to focus on the cleanest light-duty vehicles on the 
market,  the  Commission  has  stated228  that  a  "light-duty  environmentally  enhanced 
vehicle" (LEEV) should be defined at EU level. It stated that they should be vehicles 
that  meet  the  next  stage  of  pollutant  emission  limit  values  as  laid  down  in  the 
relevant legislation, and stay below 120g CO2/km. 

7.1.1.4.  Collective Procurement 

In  2006,  the  Commission  said  it  would  strengthen  efforts  to  develop  markets  for 
cleaner,  smarter,  more  energy-efficient  and  safer  vehicles.229  This  will  entail 
facilitating  co-operation  between  manufacturers,  local  and  regional  authorities,  and 
other entities with large vehicle fleets and car-sharing organisations, with a view to 
encourage  these  buyers  to  collectively  acquire  less  polluting  and  energy-efficient 
vehicles  at  lower  cost  through  joint  procurement  actions  and  the  exchange  of 
information.230 

7.1.2.  Regulatory Instruments 

7.1.2.1.  CO2 emissions from new vehicles 

In 1998 and 1999 the European Commission entered a voluntary agreement with the 
European, Japanese and Korean car industry to reach average emissions of CO2 from 
new  cars  of  140g/km  by  2012.  In  2007  the  Commission  concluded  that,  although 
there had been a reduction in these average emissions,231 the target was unlikely to be 
met and made a legislative proposal232 to ensure that, along with other technological 
improvements  and  an  increased  use  of  biofuels,  the  Community  target  of  120g/km 
would be met by 2012. 

The  legislative  proposal  would  require  that  from  2012  the  average  of  all  new  cars 
sold  will  not  exceed  the  130g/km  limit.  Different  vehicles  would  have  different 
reduction targets, even if they already meet the 130g/km level. These targets would 
be calculated using a formula that would have the effect of requiring heavier cars to 
decrease their emissions by more than lighter ones. 

228 

229 

230 

231 

232 

Communication  from  the  Commission  to  the  Council  and  the  European  Parliament:  Results  of  the 
review of the Community Strategy to reduce CO2 emissions from passenger cars and light-commercial 
vehicles, COM (2007) 19 
Communication  from  the  Commission:  Action  Plan  for  Energy  Efficiency:  Realising  the  Potential, 
COM (2006) 545 
Commission  Staff  Working  Document:  Analysis  of  the  Action  Plan  for  Energy  Efficiency:  Realising 
the Potential, SEC (2006) 1173 
Between 1995 and 2004 the average emissions from new cars sold in the EU fell from 186g CO2/km to 
163g CO2/km. 
Proposal for a Regulation of the European Parliament and of the Council setting emission performance 
standards  for  new  passenger  cars  as  part  of  the  Community's  integrated  approach  to  reduce  CO2 
emissions from light-duty vehicles, COM (2007) 856 

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Manufacturers  (selling  over  10,000  units  per  year  in  the  EU)  would  be  able  to 
continue selling cars that do not meet the targets if either: 

–  they (or other manufacturers they have agreed to pool their fleet with) sold enough 
other models that emitted less than the target that could compensate for those that 
exceeded the target; or 

–  they  paid  a  fine  based  on  the  number  of  vehicles  sold  in  the  calendar  year,  the 
excess emissions (in grams per kilometre) and an "excess emissions premium" in 
Euros, which would increase from €20 in 2012 to €95 in 2015 and beyond. 

In  2007233  the  Commission  said  it  would  propose  measures  to  limit  the  CO2 
emissions  from  vans  by  mid-2008  to  reach  average  emissions  of  175g/km  by  2012 
and 160g/km by 2015. 

7.1.2.2.  CO2 labelling and promotion of new vehicles 

To  help  consumers  make  informed  purchases  of  new  passenger  cars,  EU  rules234 
require, at the point of sale, a fuel economy label on each model and a poster (or a 
display) showing the official fuel consumption and CO2 emission data of all models 
displayed for sale or lease. In addition a guide to fuel economy and CO2 emissions 
has  to  be  available  and  all  promotional  literature  must  contain  the  official  fuel 
consumption  and  specific  CO2  emission  data  for  the  models  to  which  it  refers. 
Towards the end of 2008, the Commission will propose amending these requirements 
to make them more effective. 

In  2007  the  Commission  proposed235  that  from  1  January  2010  the  label,  fuel 
economy guide and promotional literature for passenger cars must indicate the extent 
to which the car's specific emissions of CO2 differ from its specific emissions target 
set (see section 7.1.2.1). 

EU  rules  also  require  that  from  3  January  2009,  manufacturers  of  passenger  cars, 
vans and buses up to 2 610 kg set out CO2 emissions and fuel consumption figures in 
a document given to the purchaser of the vehicle at the time of purchase.236 

The  Commission  has  invited  car  manufacturers  to  sign  up  before  mid-2007  to  a 
voluntary agreement on an EU wide code of good practice regarding car marketing 

233 

234 

235 

236 

Communication  from  the  Commission  to  the  Council  and  the  European  Parliament:  Results  of  the 
review of the Community Strategy to reduce CO2 emissions from passenger cars and light-commercial 
vehicles, COM (2007) 19 
Directive 1999/94/EC of the European Parliament and of the Council of 13 December 1999 relating to 
the  availability  of  consumer  information  on  fuel  economy  and  CO2  emissions  in  respect  of  the 
marketing of new passenger cars, OJ L 12, 18.1.2000, p. 16. 
Proposal for a Regulation of the European Parliament and of the Council setting emission performance 
standards  for  new  passenger  cars  as  part  of  the  Community's  integrated  approach  to  reduce  CO2 
emissions from light-duty vehicles, COM (2007) 856 
Regulation 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval 
of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and 
Euro 6) and on access to vehicle repair and maintenance information, OJ L 171, 29.6.2007, p. 1 

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and  advertising  and  at  the  promotion  of  sustainable  consumption  patterns.237 
Following  this  the  manufacturers  proposed  a  code  which  is  now  being  negotiated 
with the Commission. 

7.1.2.3.  Public Procurement 

Public  procurement  currently  accounts  for  slightly  below  1%  of  market  share  for 
cars, around 6% for vans, around 6% for lorries and around one third for buses.238 In 
December  2007,  the  Commission  adopted  a  revised  proposal  for  a  directive  on  the 
promotion of clean and energy efficient road transport vehicles239, which covers cars, 
trucks,  vans  and  buses.  This  proposal  aims  to  promote  the  introduction  of  these 
vehicles  through  green  public  procurement.  Initially  Member  States  would  be 
required  to  ensure  that  where  the  public  sector  wants  to  use  operational  life-time 
costs for energy consumption, CO2 emissions, and pollutant emissions as criteria for 
purchasing  vehicles  or  services  they  have  to  follow  the  methodology  set  out  in  the 
directive.  From  2012  using  the  methodology  will  become  mandatory  for  all  such 
purchases. 

7.1.2.4.  Alternative Fuels 

In  2001  the  Commission  set  out  a  strategy240  to  achieve  20%  substitution  of 
conventional  automotive  fuel  by  2020,  identifying  biofuels,  natural  gas,  and 
hydrogen  as  the  main  possibilities.  This  was  followed  by  Member  States  being 
required241  to  set  national  indicative  targets  for  the  use  of  biofuels  and  other 
renewable  fuels  and  to  ensure  that  a  certain  percentage  of  the  overall  petrol  and 
diesel fuels sold for transport is from these fuels. The indicative targets are 2% by the 
end of 2005 and 5.75% by the end of 2010, although lower targets can be set on the 
basis  of  objective  criteria.  Achieving  these  targets  could  result  in  greenhouse  gas 
savings  of  between  0.3  and  1%  of  EU  CO2  emissions.242  Member  States  are  also 
required to ensure that information is given to the public on the availability of these 
fuels, and to ensure that for certain blends243 there is specific labelling at the point of 
sale. 

237 

238 

239 

240 

241 

242 

243 

Communication  from  the  Commission  to  the  Council  and  the  European  Parliament:  Results  of  the 
review of the Community Strategy to reduce CO2 emissions from passenger cars and light-commercial 
vehicles, COM (2007) 19 
Revised  proposal  for  a  directive  of  the  European  Parliament  and  of  the  Council  on  the  promotion  of 
clean and energy efficient road transport vehicles, COM (2007) 817 
Revised  proposal  for  a  directive  of  the  European  Parliament  and  of  the  Council  on  the  promotion  of 
clean and energy efficient road transport vehicles, COM (2007) 817 
Communication  form  the  Commission  to  the  European  Parliament,  the  Council,  the  Economic  and 
Social Committee and the Committee of the Regions on alternative fuels for road transportation and on 
a set of measures to promote the use of biofuels, COM (2001) 547 
Directive 2003/30/EC of the European Parliament and of the Council of 8 May 2003 on the promotion 
of the use of biofuels and other renewable fuels for transport, OJ L 123, 17.5.2003, p. 42 
Commission  Staff  Working  Document:  Impact  Assessment  of  a  Proposal  for  a  directive  of  the 
European Parliament and of the Council modifying Directive 98/70/EC relating to the quality of petrol 
and diesel fuels, SEC(2007) 55, p. 112 
Where there is more than 5% of fatty acid methyl ester (FAME) or 5% of bioethanol. 

EN 

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In  early  2008  the  Commission  proposed  a  directive244  that  would  require  each 
Member State to have at least 10% of its petrol and diesel fuels for transport coming 
from alternative fuels by 2020. The proposal was accompanied by rules to ensure the 
"sustainability"  of  the  biofuels.  The  proposal  would  also  require  Member  States  to 
ensure that information is given to the public on the availability of biofuels and other 
renewable transport fuels. If a transport fuel is blended with more than 10% biofuels 
this has to be indicated at the point of sale. In addition, at filling stations with more 
than  2  pumps,  diesel  with  more  than  7%  biofuels  has  to  be  made  available  by  31 
December  2010  and  diesel  with  more  than  10%  has  to  be  made  available  by  31 
December 2014. In total this proposal has been estimated to result in greenhouse gas 
savings of 68 million tonnes of CO2 equivalent. 

In  2007  the  Commission  proposed  extending  the  scope  of  the  EU's  type  approval 
system (See annex III, table 3) for cars, vans, lorries and buses to include hydrogen 
as a fuel.245 This should facilitate the introduction of this technology to the market.  

7.1.2.5.  Vehicle Equipment: Air-conditioning systems and Gear-shift indicators 

EU rules246 set minimum requirements for air conditioning systems in passenger cars 
and in vans weighing no more than 1 305 kg. These are shown in Annex III, table 2. 
The rules also require systems that have leaked an abnormal amount to not be refilled 
until they have been repaired. 

The  Commission  is  required  to  publish  a  report  by  4  July  2011  on  whether  these 
provisions  should  be  amended,  including  consideration  of  whether  the  legislation 
should  be  extended  to  buses  and  vans  above  1 305  kg  but  below  3 500  kg  and 
whether measures on the retrofitting and refilling of mobile air-conditioning systems 
are necessary. 

In 2006247 the Commission committed itself to working towards minimum efficiency 
requirements for automobile air-conditioning systems during 2007 and 2008. It will 
make a proposal for legislation before the end of 2008. 

The  Commission  is  currently  working  on  proposals  to  legislate  on  gear-shift 
indicators  as  they  are  thought  to  improve  fuel  economy  and  has  launched  a  public 
consultation. 

7.1.2.6.  Driving Tests 

Since 2003 EU rules on driving licences (see section 7.5.1.11) have required theory 
tests to include environmental questions on vehicle use in relation to the environment 

244 

245 

246 

247 

Proposal for a directive of the European Parliament and of the Council on the promotion of the use of 
energy from renewable sources, COM (2008) 19 
Proposal for a regulation of the European Parliament and of the Council on type-approval of hydrogen 
powered motor vehicles and amending Directive 2007/46/EC, COM (2007) 593 
Directive  2006/40/EC  of  the  European  Parliament  and  of  the  Council  of  17  May  2006  relating  to 
emissions  from  air-conditioning  systems  in  motor  vehicles  and  amending  Council  Directive 
70/156/EEC, OJ L 161, 14.6.2002, p. 12 
Communication  from  the  Commission:  Action  Plan  for  Energy  Efficiency:  Realising  the  Potential, 
COM (2006) 545 and Commission Staff Working Document: Analysis of the Action Plan for Energy 
Efficiency: Realising the Potential, SEC (2006) 1173 

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for  all  driving  licence  candidates  except  for  tractors.248  These  include  questions  on 
moderate  fuel  consumption  and  the  limitation  of  pollutants,  the  precise  nature  of 
which  is  left  to  Member  States.  In  addition  for  lorry  and  bus  drivers,  driving 
examiners  must  assess  whether  a  licence  applicant  is  "driving  economically  and 
environmentally  friendly,  taking  into  account  the  revolutions  per  minute,  changing 
gears, braking and accelerating". 

In  2007  the  Commission  said  that  it  may  consider  the  inclusion  of  eco-driving 
requirements in future revisions of the driving licence directive.249 It also said that it 
will  propose  legislation  to  harmonise  requirements  to  promote  fuel  efficiency  in 
drivers' education curricula and support projects in 2008. 

7.1.2.7.  Tyre-related measures 

The Commission is developing a scheme to grade and label tyres according to rolling 
resistance (this is of direct relevance for fuel consumption and hence CO2 emissions) 
and is planning a proposal for the first half of 2009. The aim is to shift the market 
towards tyres that have low rolling resistance, but which also satisfy safety standards. 
The proposal is likely to cover tyres for passenger cars and vans and may those for 
lorry and bus tyres too. 

In  line  with  the  Community  strategy  to  reduce  CO2  emissions  from  cars,  the 
Commission  has  proposed  rules250  on  low  rolling  resistance  and  type  pressure 
monitoring which will contribute to reducing CO2 emissions from cars. 

7.1.3.  Research and Technology 

The  Commission  is  currently  supporting  a  variety  of  research  towards  reaching  the 
European  Road  Transport  Research  Advisory  Council's  research  target  of  a  40% 
reduction in CO2 for new passenger vehicles by 2020 (i.e. 95g CO2/km)251. 

The ECODRIVEN project, financed by the Intelligent Energy – Europe programme, 
began  in  2006  and  will  finish  in  2008.  It  aims  to  involve  around  500 000  car,  van, 
lorry  and  bus  drivers  in  nine  EU  countries  (and  reach  a  further  2  million  through 
dissemination  activities)  to  optimise  their  driving  behaviour  from  a  safety  and 
energy-efficient perspective. In so doing it aims to save 500 000 tonnes of CO2 and 
significant amounts of other emissions from road transport. 

Biofuel  production  and  its  use  in  captive  fleets  has  been  supported  in  several 
Community  funded  projects  in  the  framework  of  the  "Biofuels  Cities"  initiative, 
which began in early 2006 and will run until the end of 2009. 

248 

249 

250 
251 

Commission Directive 2000/56/EC of 14 September 2000 amending Council Directive 91/439/EEC on 
driving licences, OJ L 237, 21.9.2000, p. 45 
Communication  from  the  Commission  to  the  Council  and  the  European  Parliament:  Results  of  the 
review of the Community Strategy to reduce CO2 emissions from passenger cars and light-commercial 
vehicles, COM (2007) 19 
Insert reference 
Communication  from  the  Commission  to  the  Council  and  the  European  Parliament:  Results  of  the 
review of the Community Strategy to reduce CO2 emissions from passenger cars and light-commercial 
vehicles, COM (2007) 19 

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In addition, as part of the Intelligent Car Initiative252 the Commission is developing a 
methodology for measuring the impact of these ICT technologies on CO2. Once this 
is  done  it  will  develop  an  implementation  plan  for  the  most  effective  ICT 
technologies  for  vehicles.  This  could  include  promoting  on-board  technologies  that 
provide  drivers  with  real-time  information  about  the  road  network  and  optimise  a 
journey or the engine performance improving overall energy efficiency. 

The CLEVER (Compact Low-Emission Vehicles for urban transport)253 project has 
also led to the development of a three-wheeled gas-powered prototype vehicle that is 
less than one metre wide, carries two people in tandem, reaches almost 100 km/h and 
emits less than 60g/km of CO2. 

7.1.3.1.  Intelligent Transport Systems 

In addition to the ongoing work under the Intelligent Car Initiative (see section 7), an 
action plan on intelligent transport systems for road is being prepared for adoption in 
2008. The plan is needed to encourage the uptake of existing  technologies that can 
help  to  reduce  congestion  and  increase  road  efficiency,  thereby  reducing  pollutant 
emissions.  Currently  the  large-scale  deployment  of  research  findings  is  not 
happening.  Uptake  of  these  research  findings  is  difficult  because  there  is  no  clear 
vision of what is desired by policy-makers and of what each stakeholder needs to do. 
As a result investors are wary of making the investments needed to ensure large-scale 
implementation. 

7.1.3.2.  Hydrogen and fuel cell technology development 

In 2002, the Commission created a High-Level Group which developed a long-term 
vision for a possible hydrogen economy in Europe.254 Based on its recommendations, 
the  Commission  then  initiated  a  Technology  Platform  on  Hydrogen  and  Fuel  Cell 
Technologies,  which  aims  to  accelerate  the  development  and  deployment  of  these 
technologies  in  Europe  by  bringing  together  the  major  stakeholders  to  foster 
cooperation  and  develop  awareness  of  market  opportunities  as  well  as  structuring 
European-level  research  into  the  technologies.  This  Technology  Platform  has 
published  an  implementation  plan255  setting  out  priorities  for  research  and 
demonstration in order to achieve commercialisation around 2020. 

To  implement  this,  the  Commission  has  proposed  an  EU  law  to  set  up  a  Fuel  Cell 
and Hydrogen Joint Technology Initiative as a public-private partnership.256 For the 
automotive sector, the aim is to achieve breakthroughs in technology bottlenecks and 
to  enable  industry  to  take  the  large-scale  commercialisation  decisions  necessary  to 
achieve mass market growth in the time-frame 2015-2020. The proposed Community 

252 

253 
254 
255 

256 

Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions:  Towards  Europe-wide  Safer, 
Cleaner and Efficient Mobility: The First Intelligent Car Report, COM (2007) 541 
http://www.clever-project.net/ 
Hydrogen Energy and Fuel Cells - A vision of our future 
Implementation  Plan  –  Status  2006,  European  Hydrogen  and  Fuel  Cell  Technology  Platform,  March 
2007 
Proposal  for  a  Council  Regulation  setting  up  the  Fuel  Cells  and  Hydrogen  Joint  Undertaking,  COM 
(2007) 571 

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contribution  of  €470  million  between  2007  and  2013  should  be  matched  by 
contributions from industry. 

Over the past 15 years, the Commission has supported the research, development and 
demonstration of hydrogen and fuel cell vehicles.257 This includes basic and applied 
research,  as  well  as  the  demonstration  of  buses,  cars  and  other  vehicles.  A  major 
hydrogen  bus  demonstration  project  (HyFleet:CUTE)  will  continue  to  demonstrate 
27  hydrogen  fuel  cell  buses  and  14  new  buses  with  hydrogen  engines  at  seven 
locations in Europe and two in Australia and China. A new hydrogen fuel cell hybrid 
pre-commercial  bus  will  be  developed  with  much  improved  energy  efficiency  and 
emitting only water vapour. 

7.2. 

Local Pollution 

7.2.1.  Economic Instruments 

Member States can258 offer financial incentives for the uptake of new cars and vans 
offered for sale which meet the Euro 5 or 6 standards and for buses and lorries which 
meet the Euro V standards259 (see section 7.2.2.2). In both cases the incentives can 
only be offered before the emission limit values become legally binding; once they 
are legally-binding the incentives must cease. The incentives must also be no more 
than the actual cost of the technical solutions introduced to ensure compliance with 
the  limit  values  and  their  installation.  Member  States  can  also  grant  financial 
incentives for the retrofitting of in-use vehicles and for scrapping vehicles which do 
not comply. 

If Member States choose to grant tax incentives for buses and lorries, they have to be 
granted  to  all  meeting  the  EU  limit  values  for  Environmentally-Enhanced  Vehicle 
(EEV).260 They also have to inform the Commission how they are implementing the 
incentives. The values are shown in Annex III, table 3.261  

257 
258 

259 

260 

261 

Including €320 million in the 6th Framework Programme. 
Regulation 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval 
of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and 
Euro 6) and on access to vehicle repair and maintenance information, OJ L 171, 29.6.2007, p. 1 
The same would be true for 2 and 3 wheeled motor vehicles if additional provisions were scheduled to 
come into force. 
Directive  2005/55/EC  of  the  European  Parliament  and  of  the  Council  of  28  September  2005  on  the 
approximation of the laws of the Member State 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, OJ L 275, 20.10.2005, p. 1 
The proposal for Euro VI standards (proposal for a Regulation of the European Parliament and of the 
Council  on  type-approval  of  motor  vehicles  and  engines  with  respect  to  emissions  from  heavy  duty 
vehicles  (Euro  VI)  and  on  access  to  vehicle  repair  and  maintenance  information,  COM(2007)  851) 
would annul these EEV standards. 

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7.2.2.  Regulatory Instruments 

7.2.2.1.  Fuel quality 

EU  rules  on  petrol262  set  maximum  levels  for  hydrocarbons  (olefins,  aromatics, 
benzene),  oxygen-containing  additives  (including  methanol,  ethanol,  ethers  and 
certain  types  of  propyl  and  butyl  alcohol),  sulphur  and  lead.  The  same  rules  set 
maximum  levels  for  sulphur  in  both  diesel  fuel  and  gas  oil  (for  use  by  agricultural 
tractors) and for polycyclic aromatic hydrocarbons in diesel fuel. The EU maximum 
level for sulphur will decrease from 50 to 10 mg/kg on 1 January 2009263.  

In addition, the rules require that unleaded petrol with a maximum sulphur content of 
10 mg/kg must be marketed and available on an appropriately balanced geographical 
basis within every Member State. In 2007 the Commission proposed264 introducing a 
new,  separate  blend  of  petrol  with  higher  maximum  concentrations  of  oxygen-
containing additives in order to allow a higher volume of biofuels to be used in petrol 
and  reducing  the  maximum  levels  of  polycyclic  aromatic  hydrocarbons  from 
11% m/m to 8% m/m. 

7.2.2.2.  Vehicle Emissions Standards 

There are EU requirements265 preventing the placing on the market and sale of new 
types  of  cars,  two  and  three  wheeled  vehicles,266  vans267  and  buses268  that  do  not 
meet certain minimum emissions standards for various different pollutants including 
carbon monoxide, hydrocarbons, nitrogen oxides, particulates, smoke and ammonia. 
These  are  referred  to  as  EURO  emission  standards.  These  requirements  have  been 
progressively  tightened  and,  for  cars  and  vans  are  different  for  diesel  and  petrol  or 
gas  driven  engines.  For  buses  the  requirements  are  only  for  petrol-driven  engines, 
with requirements for diesel buses coming into force in 2012. For vans and buses the 
requirements  also  depend  on  the  mass  of  the  vehicle.  For  tractors,  the  EU 
requirements269 focus on the engines.270 

262 

263 

264 

265 

266 

267 
268 
269 

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/EEC, OJ L 350, 28.12.1998, p. 
58, as amended by Directive 2003/17/EC. 
With  the  exception  of  gas  oil  for  agricultural  tractors,  which  is  currently  1,000  mg/kg  and  the 
Commission's 2007 proposal would bring this down to 10 mg/kg from the end of 2009. 
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 
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, COM (2007) 18 
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, as amended, OJ 
L 76, 6.4.1970, p.1 
Directive  97/24/EC  of  the  European  Parliament  and  of  the  Council  of  17  June  1997  on  certain 
components  and  characteristics  of  two  or  three-wheel  motor  vehicles,  OJ  L  226,  18.8.1997,  p.  1,  as 
amended 
With a mass of up to 2 500 kg, and from 3.1.2009, 2 610 kg 
With a mass of less than 2 610 kg 
The  levels  are  defined  in  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 

EN 

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Other  buses,  including  those  fuelled  by  natural  gas  and  LPG,  as  well  as  lorries 
powered by a diesel or gas (LPG or natural gas) engine are not subject to the same 
type  of  restrictions.  For  them,  Member  States  are  allowed,  but  not  required,  to  ban 
registration, sale, entry into service and use or prohibit the sale of new diesel engines 
that  do  not  meet  certain  requirements.271  The  standards  differ  for  diesel  and  gas 
engines  with  diesel  engines  with  catalytic  converters  being  subject  to  the 
requirements for gas engines. 

The  current  standards  are  shown  in  the  tables  4-12  in  Annex  III  along  with  the 
requirements that will come into force over the coming years.  

In  2007  the  Commission  proposed272  tightening  some  of  these  standards  for  buses 
and  lorries  as  well  as  requiring  manufacturers  to  take  the  technical  measures 
necessary  to  ensure  that  exhaust  emissions  comply  with  these  limits  under  normal 
conditions  of  use  for  the  normal  life  of  the  vehicle.  For  passenger  cars,  the 
Commission  is  currently  examining  options  to  ensure  that  the  emissions  testing 
process takes better account of real-life emissions273 and is also working towards the 
adoption of global technical regulations on heavy duty vehicles' emission test cycles, 
off-cycle  emissions  and  on-board  diagnostic  systems  so  that  real-life  emissions 
conditions  are  better  reflected.274  For  motorcycles,  mopeds  and  quadricycles  the 
Commission  is  currently  undertaking  preparatory  work  for  a  proposal  that  is 
scheduled  for  adoption  in  the  first  half  of  2009  and  which  will  consider  pollutant 
emissions and their test cycles. 

7.2.2.3.  Roadworthiness testing 

The EU requirements for roadworthiness testing (see section 7.5.1.6) include visual 
inspections  of  the  exhaust  system,  any  emission  control  equipment  and  emissions 
testing. The exhaust emissions have to be checked against the manufacturers original 
specifications  or,  if  Member  States  choose  not  to  use  this  or  the  information  is  not 
available,  maximum  permissible  concentrations  are  set  depending  on  the  type  of 
engine  and  on  the  date  the  vehicle  was  first  put  into  service.  The  requirements  are 
shown in Annex III, table 13. 

270 

271 

272 

273 

274 

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 
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 
agricultural or forestry tractors and amending Council Directive 74/150/EEC, OJ L 173, 12.7.2000, p. 1 
Directive  2005/55/EC  of  the  European  Parliament  and  of  the  Council  of  28  September  2005  on  the 
approximation of the laws of the Member State 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, OJ L 275, 20.10.2005, p. 1 
Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on  type-approval  of  motor 
vehicles  and  engines  with  respect  to  emissions  from  heavy  duty  vehicles  (Euro  VI)  and  on  access  to 
vehicle repair and maintenance information, COM(2007) 851 
Communication  from  the  Commission  to  the  European  Parliament  and  to  the  Council,  A  competitive 
automotive  regulatory  framework  for  the  21st  century:  Commission's  position  on  the  CARS  21  High 
Level Group Final Report, A contribution to the EU's Growth and Jobs Strategy, COM(2007) 22 
Communication  from  the  Commission  to  the  European  Parliament  and  to  the  Council,  A  competitive 
automotive  regulatory  framework  for  the  21st  century:  Commission's  position  on  the  CARS  21  High 
Level Group Final Report, A contribution to the EU's Growth and Jobs Strategy, COM(2007) 22 

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7.2.2.4.  Vehicle composition and waste 

From 15.12.2008 EU rules require275 Member States to refuse type-approval to new 
cars  and  vans  having  less  than  85%  reusable  and/or  recyclable  material;  and  95% 
reusable  and/or  recoverable  material  by  mass.  Requirements  are  also  laid  down  for 
which components can be considered recoverable. 

EU  rules276  also  set  requirements  for  the  collection  and  transfer  of  cars,  vans  and 
three-wheeled  motor  vehicles  (excluding  motor  tricycles)  to  treatment  systems  and 
for  the  treatment  systems  themselves.  For  cars  and  vans  Member  States  are  also 
required  to  meet  minimum  (weight-based)  targets  for  reuse  and  recovery  of 
materials, with a minimum of 85% for the reuse and recovery and 80% for the reuse 
and recycling need to be achieved.277 From 1 January 2015 these increase to 95% and 
85% respectively. The rules also ban, with certain limited exceptions which should 
diminish  as  alternatives  become  available,  the  use  of  mercury,  lead,  cadmium  and 
hexavalent chromium in passenger cars and vans and in their components. 

EU requirements for tyre retreading for commercial vehicles278 sets standards which 
should  increase  their  use  and  hence  decreasing  raw  material  and  energy  use  in  the 
production process, as well as decreasing tyre waste. 

7.2.3.  Research and Technology 

Local  pollution  has  been  an  important  element  of  past  framework  research 
programmes  and  will  continue  to  be  a  key  issue  in  the  transport  theme  of  the  7th 
"Cooperation" specific programme. 

7.3. 

Noise 

7.3.1.  Economic Instruments 

Member States are allowed279 to offer financial incentives to vehicles that meet more 
advanced EU standards prior to their becoming legally-binding.  

275 

276 

277 

278 

279 

Directive 2005/64/EC of the European Parliament and of the Council of 26 October 2005 on the type-
approval  of  motor  vehicles  with  regard  to  their  reusability,  recyclability  and  recoverability  and 
amending Council Directive 70/156/EEC, OJ L 310, 25.11.2005, p. 10 
Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles, OJ L 269, 
21.10.2000, p. 34 
With  the  exception  of  vehicles  produced  before  1.1.1980,  for  which  the  targets  are  75%  and  70% 
respectively. 
Council Decision 2006/443/EC of 13 March 2006 amending Decisions 2001/507/EC and 2001/509/EC 
with a view to  making United Nations Economic Commission for Europe (UN/ECE) Regulation Nos 
109 and 108 on retreaded tyres compulsory, OJ L 181, 4.7.2006, p. 1 
Directive  97/24/EC  of  the  European  Parliament  and  of  the  Council  of  17  June  1997  on  certain 
components  and  characteristics  of  two  or  three-wheel  motor  vehicles,  OJ  L  226,  18.8.1997,  p.  1,  as 
amended 

EN 

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7.3.2.  Regulatory Instruments 

7.3.2.1.  Vehicle noise 

EU rules280281 set the maximum permissible noise emission levels for all new motor 
vehicles  except  tractors.  These  are  to  be  found  in  Annex  III,  table  14.  In  2004  the 
Commission concluded that these standards are not a strong technical driver towards 
quieter vehicles and stated that efforts should be pursued to assess the possibility of 
introducing  tighter  limits.282  For  2  and  3  wheeled  vehicles  the  Commission  is 
currently examining the possibilities of setting new noise limits and test cycles based 
on results from UNECE work. 

EU  rules  require  the  Commission  to  propose  a  subsequent  stage  during  which 
measures will be adopted to further reduce the sound level of these vehicles. 

The  Commission  is  committed  to  ways  of  removing  noisier  vehicles  from  existing 
fleets.283 

7.3.2.2.  Tyre noise 

There  are  separate  EU  requirements  for  noise  from  passenger  car  tyres  and  from 
vans, buses and lorry tyre.284 These cover both tyres on new vehicles and tyres sold 
separately, although requirements for the latter will come into force over the coming 
years.  This  information  is  shown  in  tables  in  Annex  III,  tables  15  and  16.  In  May 
2008, the Commission proposed a EU rules285 (see section 7.5.1.4), which will allow 
maximum levels of tyre noise to be set through committee procedure. 

7.3.3.  Research and Technology 

Noise  pollution  has  been  an  important  element  of  past  framework  research 
programmes  and  will  continue  to  be  a  key  issue  in  the  transport  theme  of  the  7th 
"Cooperation" specific programme. 

280 

281 

282 

283 

284 

285 

Council  Directive  70/157/EEC  of  6  February  1970  on  the  approximation  of  the  laws  of  the  Member 
States  relating  to  the  permissible  sound  level  and  the  exhaust  system  of  motor  vehicles,  OJ  L  42, 
23.2.1970, p. 16, as amended, including the latest on 14 June 2007. 
Directive  97/24/EC  of  the  European  Parliament  and  of  the  Council  of  17  June  1997  on  certain 
components  and  characteristics  of  two  or  three-wheel  motor  vehicles,  OJ  L  226,  18.8.1997,  p.  1,  as 
amended 
Report  from  the  Commission  to  the  European  Parliament  and  the  Council  concerning  existing 
Community measures relating to sources of environmental noise, pursuant to article 10.1 of Directive 
2002/49/EC relating to the assessment and management of environmental noise, COM (2004) 160. 
Report  from  the  Commission  to  the  European  Parliament  and  the  Council  concerning  existing 
Community measures relating to sources of environmental noise, pursuant to article 10.1 of Directive 
2002/49/EC relating to the assessment and management of environmental noise, COM (2004) 160 
Council  Directive  92/23/EEC  of  31  March 1992  relating  to  tyres  for  motor  vehicles  and  their  trailers 
and to their fitting, OJ L 129, 14.5.1992, p. 95, as amended 
Proposal  for  a  regulation  of  the  European  Parliament  and  of  the  Council  concerning  type-approval 
requirements for the general safety of motor vehicles, COM (2008) 316 

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7.4. 

Congestion 

7.4.1.  Economic Instruments 

The  Eurovignette  directive286  sets  requirements  for  toll  and  user  charge  systems, 
where  Member  States  choose  to  implement  these  on  the  trans-European  road 
network.  From  10  June  2008,  with  certain  limited  exceptions,  these  requirements 
apply to lorries weighing 12 tonnes or more, and from 2012 will apply to all lorries 
weighing more than 3.5 tonnes. 

Where  user  charges  are  used,  maximum  levels  are  set.  There  are  no  restrictions  on 
how  the  revenue  from  charges  or  tolls  should  be  spent,  although  the  directive 
recommends that it is used to benefit the transport sector and optimise the transport 
system. 

Where  tolls  are  used  these  have  to  be  related  to  recovering  the  costs  of  the 
infrastructure,  including  the  costs  of  construction,  maintenance,  operating  and 
network development. They can also be used for combating environmental damage 
and tackling congestion but, if so, they have to be proportionate, transparent and non-
discriminatory; revenue-neutral; and, from 2010, or at the first subsequent renewal of 
a concession contract, based on the EURO emission classes (see section 7.2.2.2), but 
with no toll being more than 100% above that meeting the strictest emission classes. 

In  exceptional  cases,  for  specific  projects  of  high  European  interest,  other  types  of 
variation are allowed. 

In  addition,  an  extra  "mark-up"  of  the  tolls  is  permitted  in  exceptional  cases  in 
mountainous  regions  where  they  suffer  from  acute  congestion,  or  where  lorry  use 
causes significant environmental damage. The revenue from this mark-up has to be 
invested in TEN-T priority projects which contribute directly to the alleviation of the 
congestion or environmental damage in question and which are located in the same 
corridor  as  the  road  section  on  which  the  mark-up  is  applied.  It  is  limited  to  an 
overall increase in the  tolls levied of 15%, unless the investment is in  cross-border 
sections of the priority projects, in which case it is limited to 25%. 

The Commission proposed a revision of the Eurovignette directive at the same time 
as publishing this inventory. The proposal would give Member States a framework to 
better  vary  charges  according  to  the  local  pollution  (air  and  noise)  and  congestion 
that the particular vehicle causes at the time it is used. By reducing congestion it will 
also contribute significantly to reducing CO2 emissions. It would require charges to 
be calculated using a transparent common method and ensure that the internal market 
continues  to  work  properly.  It  would  also  allow  Member  States  to  put  in  place 
sufficient incentives for operators to modernise their fleet with cleaner vehicles and 
to  adapt  their  route  planning  and  logistics  to  make  them  more  sustainable.  At  the 
same  time,  the  directive  would  also  insist  that  any  revenues  from  the  scheme  are 
earmarked  for  reducing  the  environmental  impacts  of  transport  and  congestion  and 
that, after a transition period, charges are levied using electronic systems. 

286 

Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging 
of heavy goods vehicles for the use of certain infrastructures, OJ L 187, 20.7.1999, p. 42, as amended, 
most recently by Directive 2006/38/EC, OJ L 157, 9.6.2006, p. 8 

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7.4.2. 

Infrastructure 

Between 2007 and 2012 the Commission has committed itself to improving EU-wide 
real  time  traffic  and  travel  information  (RTTI)  systems  and  traffic  management.  It 
gives  financial  support  to  the  EasyWay  project  to  deploy  Europe-wide  Intelligent 
Transport Systems on the trans-European road network. 

7.4.3.  Research and Technology 

The  ITS  Action  Plan  (see  section  7.1.3.1)  will  also  aim  to  reduce  congestion.  The 
focus  of  research  is  in  cooperative  systems.  These  involve  vehicle-to-vehicle  and 
vehicle-to-infrastructure  communications  which  also  have  potential  to  reduce 
congestion.  Under  the  7th  research  framework  programme  actions  are  ongoing  to 
develop  these  systems  and  a  task  force  has  also  been  set  up287  to  develop  a  pan-
European Interoperable architecture for these systems. 

7.5. 

Accidents 

In 2003 the Commission proposed the European Road Safety Action Programme288 
with the aim of halving the number of road accident victims in the EU by 2010. This 
programme  was  reviewed  in  2006.289  The  Intelligent  Car  Initiative  (see  section  7) 
will  also  contribute  to  achieving  the  Action  Programme's  objective,  including 
through driver assistance systems. 

7.5.1.  Regulatory Instruments 

7.5.1.1.  Speed Limiters 

All lorries290 and buses must have speed limiters fitted to be used on the road;291 they 
must  be  set  at  90 km/h  and  100 km/h  respectively.  Member  States  can  require  a 
slower speed for a lorry if it is used exclusively for the transport of dangerous goods. 

7.5.1.2.  Dimensions 

EU  rules292  set  out  the  maximum  dimensions  (height,  width  and  length)  and 
minimum turning circles for buses and lorries in international and national traffic.293 
The precise requirements depend on factors such as whether they have a trailer, are a 

287 
288 

289 

290 

291 

292 

293 

www.comesafety.org – this has been set up under a specific support action. 
Communication from the Commission European Road Safety Action Programme: Halving the number 
of road accident victims in the European Union by 2010: A shared responsibility, COM (2003) 311 
Communication from the Commission: European Road Safety Action Programme: Mid-Term Review, 
COM (2006) 74 
Lorries  used  by  the  armed  forces,  civil  defence,  fire  and  other  emergency  services  and  forces 
responsible for maintaining public order are not covered by these requirements and nor are vehicles that 
cannot, because of the way they are constructed, exceed 90 km/h. 
Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices 
for certain categories of motor vehicles in the Community, OJ L 57, 2.3.1992, p. 27), as amended 
Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the 
Community the maximum authorised dimensions in national and international traffic and the maximum 
authorised  weights  in  international  traffic,  OJ  L  235,  17.9.1996,  p.  59  as  amended  by  Directive 
2002/7/EC 
With the exception of those with more than one articulated section 

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road train or how many axles they have. There are some exceptions requiring special 
permits  and  others  that  are  allowed  because  they  do  not  affect  international 
competition  in  the  transport  sector  (including  operations  linked  to  logging  and  the 
forestry industry). 

Member States may impose local length restrictions on vehicles for specific roads or 
areas, such as city centres, small villages or places of special natural interest where 
the infrastructure is not suitable for long vehicles. 

Buses  that  were  registered  or  put  into  circulation  before  17  September  1997  and 
which  do  not  meet  the  dimensions  requirements  may  continue  to  circulate  in  the 
Member State in which they were registered until 31 December 2020. Member States 
can  have  tighter  requirements  for  buses  registered  on  their  territory,  but  cannot  set 
tighter requirements for buses registered elsewhere. 

7.5.1.3.  Weight 

EU  rules294  set  out  the  maximum  weights  for  lorries  in  international  traffic.  The 
precise requirements depend on factors such as whether they have a trailer or are a 
road train and how many axles they have. The same rules also set out the maximum 
weights for buses in international traffic that are articulated and have three axles.  

For the above types of lorries and buses registered on their territory, Member States 
can  set  additional  requirements  on  aspects  not  covered  by  the  directive,  but  these 
requirements are not valid for lorries registered elsewhere which are being used on 
their territory. 

Member States may impose local weight restrictions on vehicles for specific roads or 
areas, such as city centres, small villages or places of special natural interest where 
the infrastructure is not suitable for heavy vehicles. 

7.5.1.4.  Abnormal loads and Dangerous Goods 

Abnormal loads that are inadequately secured have the potential to cause accidents. 
The  Commission's  services  have  produced,  with  the  help  of  experts,  a  set  of  best 
practice guidelines on cargo securing for road transport.295 

EU rules296 exist which aim to improve safety of the transport of dangerous goods by 
road  and  EU  rules  setting  uniform  procedures  for checks on their transport, for the 
minimum  examination  requirements  for  safety  advisers,297  as  well  as  for  their 

294 

295 
296 

297 

Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the 
Community the maximum authorised dimensions in national and international traffic and the maximum 
authorised  weights  in  international  traffic,  OJ  L  235,  17.9.1996,  p.  59  as  amended  by  Directive 
2002/7/EC 
Available at http://ec.europa.eu/transport/roadsafety_library/vehicles/cargo_securing_guidelines_en.doc 
Council  Directive  94/55/EC  of  21  November  1994  on  the  approximation  of  the  laws  of  the  Member 
States with regard to the transport of dangerous goods by road, OJ L 319, 12.12.1994, p. 7  
Directive  2000/18/EC  of  the  European  Parliament  and  of  the  Council  of  17  April  2000  on  minimum 
examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland 
waterway, OJ L 118, 19.5.2000, p. 41 

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appointment and vocational qualifications.298 All these rules will be revised in 2009. 
In  addition  EU  rules  set  requirements  for  the  type  approval  of  lorries  and  vans  for 
carrying  dangerous  goods299  and  other  EU  rules300  exist  on  transportable  pressure 
equipment that can be used in road transport in order to ensure that they are safe and 
can move freely within the internal market.  

7.5.1.5.  Blind Spot Mirrors 

Many accidents occur each year because lorry drivers fail to notice other road users 
when turning towards the passenger side of the vehicle. EU rules require that, from 1 
January  2007,  all  new  lorries  have  to  be  equipped  with  a  blind-spot  mirror301  and 
that, from 31 January 2009 all existing lorries have to be retrofitted with one.302 

7.5.1.6.  Roadworthiness Testing 

There are  EU requirements for the roadworthiness  testing  of  cars,  vans,  lorries and 
buses.303 With the exception of taxis, ambulances, lorries and buses, which must be 
checked  annually,  cars  and  vans  must  be  tested  at  least  every  two  years  beginning 
four years after the date when the vehicle was first used. 

The  vehicle  features  which  need  to  be  checked  are  related  to  braking,  steering, 
visibility, lamps, reflectors, electrical equipment, axles, wheels, tyres, suspension, the 
chassis and its attachments as well as equipment such as safety belts. For buses and 
lorries the functioning of the speedometer, tachograph and speed limitation device (if 
fitted) also have to be checked. 

The  Commission  is  evaluating  whether  other  categories  of  vehicles,  including 
motorcycles,  should  be  included  within  the  existing  roadworthiness  testing 
framework. 

298 

299 

300 

301 

302 

303 

Council Directive 96/35/EC of 3 June 1996 on the appointment and vocational qualification of safety 
advisers for the transport of dangerous goods by road, rail and inland waterway, OJ L 145, 19.6.1996, p. 
10 
Directive  98/91/EC  of  the  European  Parliament  and  of  the  Council  of  14  December  1998  relating  to 
motor vehicles and their trailers intended for the transport of dangerous goods by road and amending 
Directive  70/156/EEC  relating  to  the  type  approval  of  motor  vehicles  and  their  trailers,  OJ  L  11, 
16.1.1999, p. 25 
Council  Directive  1999/36/EC  of  29  April  1999  on  transportable  pressure  equipment,  OJ  L  138, 
1.6.1999, p. 20 
Directive  2003/97/EC  of  the  European  Parliament  and  of  the  Council  of  10  November  2003  on  the 
approximation  of  the  laws  of  the  Member  States  relating  to  the  type-approval  of  devices  for  indirect 
vision  and  of  vehicles  equipped  with  these  devices,  amending  Directive  70/156/EEC  and  repealing 
Directive 71/127/EEC, OJ L 25, 29.1.2004, p. 1 
Directive 2007/38/EC of the European Parliament and of the Council of 11 July 2007 on the retrofitting 
of mirrors to heavy goods vehicles registered in the Community, OJ L 184, 14.7.2007, p. 25 
Council  Directive  96/96/EC  of  20  December  1996  on  the  approximation  of  the  laws  of  the  Member 
States relating to roadworthiness tests for motor vehicles and their trailers, OJ L 46, 17.2.1997, p. 1, as 
amended 

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7.5.1.7.  Daytime running lights 

Daytime running lights have been found to have net positive benefits for road safety 
and are already required in 14 EU Member States. The Commission supports304 the 
introduction of specific requirements for daytime running lights on new vehicles and 
will make a proposal in 2008 using the standard recently agreed in the UN Economic 
Commission for Europe. 

7.5.1.8.  Tyres 

In May 2008, the Commission adopted a proposal305 for EU rules setting minimum 
requirements for rolling resistance and tyre pressure monitoring through committee 
procedures,  making  use  of  work  within  the  World  Forum  for  the  Harmonisation  of 
Vehicle Regulations. 

7.5.1.9.  Intelligent Vehicle Safety Systems 

Intelligent vehicle safety systems have significant potential to reduce road fatalities 
by both preventing accidents from taking place and mitigating their impacts. In May 
2008 the Commission adopted a proposal306 that will make: 

–  Electronic Stability Control (ESC) systems mandatory for all new cars from 2014. 
These systems act on the braking or power systems of a vehicle to assist the driver 
in  maintaining control of  the  vehicle in a critical situation (caused, for example, 
by  poor  road  conditions  or  excessive  speed  during  cornering).  As  well  as 
potentially saving 4 000 casualties annually in the EU, the widespread use of ESC 
in  vehicles  could  significantly  reduce  the  traffic  congestion  caused  by  accidents 
involving large vehicles; 

–  Advance  Emergency  Braking  (AEBS)  mandatory  on  large  vehicles  from  2013. 
These  systems  use  sensors  to  alert  the  driver  when  a  vehicle  is  too  close  to  the 
vehicle in front and, in certain situations, apply emergency braking to prevent or 
reduce the consequences of a collision; 

–  Lane Departure Warning (LDW) Systems mandatory on large vehicles from 2013. 
These  assist  drivers  by  warning  them  when  their  vehicle  is  in  danger  of  leaving 
the lane unintentionally, mainly due to lack of driver attention.  

7.5.1.10. Fitness to drive 

Driving  under  the  influence  of  alcohol  or  drugs  increases  the  risk  of  accidents. 
Consistent  with  its  more  general  work  on  alcohol-related  harm,307  the  Commission 

304 

305 

306 

307 

Communication  from  the  Commission  to  the  European  Parliament  and  to  the  Council,  A  competitive 
automotive  regulatory  framework  for  the  21st  century:  Commission's  position  on  the  CARS  21  High 
Level Group Final Report, A contribution to the EU's Growth and Jobs Strategy, COM(2007) 22 
Proposal  for  a  regulation  of  the  European  Parliament  and  of  the  Council  concerning  type-approval 
requirements for the general safety of motor vehicles, COM (2008) 316 
Proposal  for  a  regulation  of  the  European  Parliament  and  of  the  Council  concerning  type-approval 
requirements for the general safety of motor vehicles, COM (2008) 316 
Communication on an EU strategy to support Member States in reducing alcohol-related harm, COM 
(2006) 625 

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has published a recommendation on blood alcohol concentrations for drivers.308 The 
Council  has  also  agreed  a  resolution  on  combating  the  impact  of  psychoactive 
substances  on  road  accidents.309  In  addition,  the  Commission  initiated  work  by 
medical  experts  on  the  influence  of  eyesight,  epilepsy  and  diabetes  on  fitness  to 
drive. These produced reports and recommendations.310 

7.5.1.11. Driving licences and training 

EU  rules311  set  out  the  standards  that  need  to  be  met  to  obtain  a  driving  licence, 
hence  reducing  accidents.  These  include  the  need  to  pass  both  a  theoretical  and 
practical  test,  meet  minimum  standards  of  physical  and  mental  health  and  be  of  a 
minimum age. New rules312 coming into force in 2013 will reduce fraud, harmonise 
the regularity of medical checks and introduce requirements for driving examiners. 

EU rules313 for professional – i.e. bus and lorry – drivers aim to give drivers a solid 
basic  and  continuous  training,  thereby  helping  to  improve  road  safety.  The 
requirements  come  into  force  on  10.9.2008  for  passenger  vehicle  drivers  and 
10.9.2009 for goods vehicle drivers. 

7.5.1.12. Enforcement 

Drivers  committing  a  traffic  offence  in  any  country  other  than  where  their  car  is 
registered  usually  evade  prosecution.  Changing  this  situation  should  make  an 
appreciable  difference  to  road  safety  by  bringing  about  a  positive  change  of 
behaviour  in  both  non-resident  and  resident  drivers.  To  this  end,  in  2003,  the 
Commission adopted a Recommendation dealing with best practice on enforcement 
in  the  field  of  road  safety.314  As  this  was  found  to  have  had  little  effect,  the 
Commission proposed new rules315 in March 2008 to facilitate an effective system of 
cross-border prosecution of traffic offences. These would set up a European network 
for the electronic exchange of data to send notices of offences to other countries. It 
would  cover  the  four  leading  causes  of  accidents  and  road  deaths:  speeding,  drink-
driving, not wearing a seat belt and failing to stop at a red light. 

308 

309 

310 
311 

312 

313 

314 

315 

Commission  recommendation  2001/115/EC  of  17  January  2001  on  the  maximum  permitted  blood 
alcohol content (BAC) for drivers of motorised vehicles, OJ L 43, 14.2.2001, p. 31 
Council  Resolution  2004/C  97/01  of  27  November  2003  on  combating  the  impact  of  psychoactive 
substances use on road accidents, OJ C 97, 22.4.2001, p. 1 
These are available here - http://ec.europa.eu/transport/roadsafety/behavior/fitness_to_drive_en.htm 
Commission Directive 2000/56/EC of 14 September 2000 amending Council Directive 91/439/EEC on 
driving licences, OJ L 237, 21.9.2000, p. 45 
Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving 
licences (Recast), OJ L 403, 30.12.2006, p. 18 
Directive  2003/59/EC  of  the  European  Parliament  and  of  the  Council  of  15  July  2003  on  the  initial 
qualification  and  periodic  training  of  drivers  of  certain  road  vehicles  for  the  carriage  of  goods  or 
passengers,  amending  Council  Regulation (EEC) No 3820/85  and  Council  Directive  91/439/EEC  and 
repealing Council Directive 76/914/EEC, OJ L 226, 10.9.2003, p. 4 
Commission Recommendation 2004/345/EC of 6 April 2004 on enforcement in the field of road safety, 
OJ L 111, 17.4.2004, p. 75 
Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  facilitating  cross-border 
enforcement in the field of road safety, COM (2008) 151 

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7.5.2. 

Infrastructure 

EU rules on tunnel safety316 require all tunnels longer than 500 meters and belonging 
to  the  Trans  European  Road  Network  to  meet  minimum  safety  requirements.  This 
covers more than 500 tunnels in operation, under construction or at the design stage. 
It defines standards for the organisation, roles and responsibilities for safety, as well 
as  technical  standards  for  tunnel  infrastructure,  operation,  traffic  rules  and  user 
information. 

In order to raise the safety level of EU road infrastructure, the Commission has also 
proposed  tools317  for  road  infrastructure  safety  management,  namely  road  safety 
impact  assessments,  audits,  network  safety  management  and  safety  inspections.  It 
estimates  that  this  could  save  600  lives  and  7 000  accidents  every  year  if  the 
measures were applied to the Trans-European road network. 

7.5.3.  Research and Technology 

The  Commission  has  financed  a  variety  of  road  safety  related  projects318  and  also 
supports annual European Road Safety Days319 to raise awareness, give visibility to 
best local practices and European policies. 

The Commission also runs the "eSafety",320 which is a key part of the Intelligent Car 
Initiative.321 This aims to accelerate the development, deployment and use of safety 

316 

317 

318 

319 

320 

Directive  2004/54/EC  of  the  European  Parliament  and  of  the  Council  of  29  April  2004  on  minimum 
safety requirements for tunnels in the trans-European road network, OJ L 167, 30.4.2004, p. 39 
Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  on  road  infrastructure  safety 
management, COM (2006) 569 
information 
More 
http://ec.europa.eu/transport/roadsafety/behavior/projects_en.htm and 
http://ec.europa.eu/transport/roadsafety/infrastructure/projects_en.htm 
The first of which took place in April 2007; the second, focusing on road safety in cities, will take place 
in October 2008. 
More information is available at 
http://www.esafetysupport.org/ or 
http://europa.eu.int/information_society/activities/esafety/index_en.htm 

http://ec.europa.eu/transport/roadsafety/vehicles/projects_en.htm, 

at 

is 

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systems  that  use  information  and  communication  technologies  in  order  to  improve 
road safety and reduce accidents. 

The Commission is promoting the implementation of eCall,322 a system designed to 
promote  rapid  assistance  in  case  of  accidents  through  an  automatic  accident 
notification and location system. As accidents create congestion, this should reduce 
delays  ,  thereby  reducing  congestion  and  emissions.Road  safety  has  been  an 
important element of past framework research programmes and will continue to be a 
key issue in the transport theme of the 7th "Cooperation" specific programme. 

The  ITS  Action  Plan  (see  section  7.1.3.1)  will  also  contribute  to  improving  road 
safety. 

321 

322 

Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions  -  Towards  Europe-wide  Safer, 
Cleaner and Efficient Mobility: The First Intelligent Car Report, COM (2007) 541 
at 
More 
http://ec.europa.eu/information_society/activities/esafety/forum/ecall/index_en.htm and  

http://www.esafetysupport.org/en/ecall_toolbox 

information 

available 

and 

is 

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Annex I: General Measures 

Table 1: Ambient Air Quality Directive Values (see section 2.3.1.1) 

Pollutant 

Concentration  Averaging period 

Value 
type323 

Into 
Force 

Permitted 
each year 

exceedances 

Arsenic (As) 

Benzene 

Cadmium (Cd) 

6 ng/m3 

5 µg/m3 

5 ng/m3 

1 year 

1 year 

1 year 

Target 

1.1.2012 

n/a 

Limit 

1.1.2010 

n/a 

Target 

1.1.2012 

n/a 

Carbon monoxide (CO) 

10 mg/m3 

Maximum daily 
8 hour mean 

Limit 

In force 

n/a 

Lead (Pb) 

0.5 µg/m3 

1 year 

Limit 

In 
force324 

n/a 

Nickel (Ni) 

20 ng/m3 

1 year 

Target 

1.1.2012 

n/a 

Nitrogen dioxide (NO2) 

200 µg/m3 

1 hour 

Limit 

1.1.2010 

18 

40 µg/m3 

1 year 

Limit 

1.1.2010 

n/a 

Ozone 

PM10 

Polycyclic Aromatic 
Hydrocarbons 

Sulphur dioxide (SO2) 

120 µg/m3 

Maximum daily 
8 hour mean 

Target 

1.1.2010 

25  days  averaged  over  3 
years 

50 µg/m3 

24 hours 

Limit 

In force 

35 

40 µg/m3 

1 year 

Limit 

In force 

n/a 

1 ng/m3325 

1 year 

Target 

1.1.2012 

n/a 

350 µg/m3 

1 hour 

Limit 

In force 

24 

125 µg/m3 

24 hours 

Limit 

In force 

3 

323 
324 

325 

Target values should be achieved "where possible", while limit values must be achieved. 
Or  1.1.2010  in  the  immediate  vicinity  of  specific,  notified  industrial  sources;  and  a  1.0  µg/m3  limit 
value applies from 1.1.2005 to 31.12.2009 
Expressed as concentration of Benzo(a)pyrene 

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Annex II: Inland Waterways 

Table 2: Air emissions requirements for new inland waterways engines 

Engine 
power output 
(kW) 

Swept volume 
per cylinder 
(litres) 

In force, or date of 
entry into forces 

Carbon 
Monoxide 
g/kWh 

Sum of hydrocarbons and 
oxides of nitrogen (HC+NOx) 
(g/kWh) 

Particulates 
(g/kWh) 

>37 

<0.9 

In force 

0.9 ≤ x < 1.2 

In force 

1.2 ≤ x < 2.5 

In force 

2.5 ≤ x < 5 

31.12.2008 

5 ≤ x < 15 

31.12.2008 

37 ≤ x < 75 

15 ≤ x < 20 

31.12.2008 

15 ≤ x < 20 

31.12.2008 

20 ≤ x < 25 

31.12.2008 

25 ≤ x < 30 

31.12.2008 

5 

5 

5 

5 

5 

5 

5 

5 

5 

7.5 

7.2 

7.2 

7.2 

7.8 

8.7 

9.8 

9.8 

11 

0.4 

0.3 

0.2 

0.2 

0.27 

0.5 

0.5 

0.5 

0.5 

EN 

70 

   EN 

 
 
 
 
 
 
 
 
 
Annex III: Road Transport 

Table 1: The type-approval system and road vehicles (see section 6) 

Vehicle 

Definition 

Covered or when it will be 

Cars 

Van 

Lorry 

Bus 

Motor  vehicles  with  at 
least  four  wheels  designed  and 
constructed  for  the  carriage  of  passengers  and  comprising  no 
more  than  eight  seats  in  addition  to  the  driver's  seat.  With  a 
maximum  mass  of  up  to  2,500  kg,  and  from  3.1.2009,  2610  kg 
reference mass. 

Yes 

Vehicles, designed and constructed for the carriage of goods and 
having a maximum mass not exceeding 3.5 tonnes 

Vehicles, designed and constructed for the carriage of goods and 
having a maximum mass of more than 3.5 tonnes 

Motor  vehicles  with  at 
least  four  wheels  designed  and 
constructed  for  the  carriage  of  passengers  and  comprising  more 
than  eight  seats  in  addition  to  the  driver's  seat  and  having  a 
maximum mass exceeding 5 tonnes. 

In some cases, the level can be 2610 kg or 2500 kg. 

Between  29.4.2009  and  29.4.2013, 
with  the  date  depending  on  whether 
the vehicle is subject to one or more 
construction stages 

Between 29.4.2009 and 29.10. 2014, 
with  the  date  depending  on  whether 
the vehicle is subject to one or more 
construction stages. 

Optional  for  new  vehicle  types from 
for 
29.4.  2009  and  obligatory 
existing  types  of  vehicles  between 
29.10.2010 and 29.10. 2011, with the 
date  depending  on  whether 
the 
vehicle  is  subject  to  one  or  more 
construction stages. 

2&3  wheeled 
motor  vehicles 
and 
quadricycles 

All two or three-wheel motor vehicles whether twin-wheeled or 
otherwise, intended to travel on the road, and to the components 
or  separate  technical  units  of  such  vehicles.  (this  includes 
tricycles). 
mopeds,  motorcycles, 
Quadricycles  are  either  treated  as  three-wheeled  mopeds  or  as 
motor tricycles, depending on their characteristics. 

three-wheeled  motor 

Yes 

Tractors 

Any  motorised,  wheeled  or  tracked  agricultural  or  forestry  tract 
having at least tow axles and a maximum design speed of not less 
than 6 km/h, the main function of which lies in its tractive power 
and which has been especially designed to pull, push, carry and 
actuate  certain  interchangeable  equipment  designed  to  perform 
agricultural  or  forestry  work,  or  to  tow  agricultural  or  forestry 
trailers;  it  may  be  adopted  to  carry  a  load  in  the  context  of 
agricultural  or  forestry  work  and/or  may  be  equipped  with 
passenger seats. 

Covered  by  type  approval,  but  not 
for the whole vehicle. 

Bicycles 

- 

No 

Cars, vans, lorries and buses are covered by one directive,326 two and three-wheeled vehicles and quadricycles by 
another,327 and tractors by another.328

326 

327 

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. This 
will be repealed on 29 April 2009 and replaced by Directive 2007/46/EC of the European Parliament 
and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles 
and their trailers, and of systems, components and separate technical units intended for such vehicles, 
OJ L 263, 9.10.2007, p. 1 
Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the 
type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC, OJ L 
124, 9.5.2002, p. 1 

EN 

71 

   EN 

 
                                                 
Table 2: Requirements for the prohibition of certain types of mobile air-
conditioning systems (see section 7.1.2.5) 

Date 

Type of vehicle 

21.6.2008  All new such vehicles placed on the market with air-conditioning containing fluorinated greenhouse gases with a 
global warming potential greater than 150 and which do not have leakage rates of more than 40 grams per year 
for a single evaporator system or 60 grams for a dual evaporator system. 

21.6.2009  As above, but for all new vehicles, including those type-approved in the past. 

1.1.2011  New air-conditioning systems placed on the market which have a global warming potential higher than 150. 

1.1.2017  New vehicles fitted with the above air-conditioning systems 

Table 3: Emission Limit Values for Environmentally-Enhanced Vehicles (EEV) 
(see section 7.2.1) 

Engine Type 

Diesel  Gas or diesel with catalytic converter 

Pollutant 

Carbon monoxide (g/kWh) 

Hydrocarbons (g/kWh) 

Non-methane hydrocarbons (g/kWh) 

Mass of methane (g/kWh) (only for natural gas engines) 

Nitrogen oxides (g/kWh) 

1.5 

3.0 

0.25 

- 

- 

- 

0.4 

0.65 

2.0 

2.0 

Particulates (g/kWh) (not applicable to gas-fuelled engines)  0.02 

0.02 

Smoke (m-1) 

0.15 

- 

328 

Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval 
of  agricultural  or  forestry  tractors,  their  trailers  and  interchangeable  towed  machinery,  together  with 
their systems, components and separate technical units and repealing Directive 74/150/EEC, OJ L 171, 
9.7.2003, p. 1 

EN 

72 

   EN 

 
 
 
 
                                                                                                                                                         
Table 4: Emission Limit Values for Passenger Cars with Petrol and Gas or 
Diesel Engines (see section 7.2.2.2)329 

Engine Type 

Petrol and Gas 

Diesel 

Euro 4 

Euro 5 

Euro 6 

Euro 4 

Euro 5 

Euro 6 

(Current) 

(from 
1.1.2011) 

(from 
1.9.2015) 

(Current) 

(from 
1.1.2011) 

(from 
1.9.2015) 

1.0 

0.1 

- 

1.0 

0.1 

- 

1.0 

0.1 

- 

0.5 

- 

0.3 

0.5 

- 

0.5 

- 

0.23 

0.17 

Pollutant 
(g/km) 

Carbon Monoxide 

Hydrocarbons (total) 

Hydrocarbons 
(Total)  and 
Oxides  of  Nitrogen  (Total) 
(combined mass) 

Non-methane hydrocarbons 

- 

0.068 

0.068 

- 

- 

- 

Oxides of Nitrogen 

0.08 

0.06 

0.06 

0.25 

0.18 

0.08 

Particulates (mass) 

0.025 

0.0045 

0.0045 

0.025 

0.0045 

0.0045 

Particulates (number) 

- 

- 

- 

- 

6x1011 

6x1011 

Table 5: Emission Limit Values for Vans with Petrol Engines (see section 
7.2.2.2)330 

Vehicle Mass 

≤ 1,305 kg 

1,305 kg < x ≤ 1760 kg 

1,760 kg 
< x ≤ 
3,500 kg 

1,760 kg < x ≤ 2610 
kg 

(reference mass) 

Euro 4 

Euro 5 

Euro 6 

Euro 4 

Euro 5 

Euro 6 

Euro 4 

Euro 5 

Euro 6 

(Current) 

(from 
1.1.2012) 

(from 
1.9.2016) 

(Current) 

(from 
1.9.2012) 

(from 
1.9.2017) 

(Current) 

(from 
1.9.2012) 

(from 
1.9.2017) 

1.0 

1.0 

1.0 

1.81 

1.81 

1.81 

2.27 

2.27 

2.27 

0.1 

0.1 

0.1 

0.13 

0.13 

0.13 

0.16 

0.16 

0.16 

Pollutant 
(g/km) 

Carbon 
Monoxide 

Hydrocarbons 
(total) 

Oxides 
Nitrogen 

of 

0.08 

0.06 

0.06 

0.1 

0.075 

0.075 

0.11 

0.082 

0.082 

Particulates 

- 

0.0045 

0.0045 

- 

0.005 

0.005 

- 

0.005 

0.005 

329 
330 

Restrictions on placing on the market are around one year earlier than these dates. 
Restrictions on placing on the market are around one year earlier than these dates. 

EN 

73 

   EN 

 
 
 
 
                                                 
(mass) 

Non-methane 
hydrocarbons 

- 

0.068 

0.068 

- 

0.09 

0.09 

- 

0.108 

0.108 

Table 6: Emission Limit Values for Vans with Diesel Engines (see section 
7.2.2.2)331 

Vehicle Mass 

≤ 1,305 kg 

1,305 kg < x ≤ 1760 kg 

1,760 kg 
< x ≤ 
3,500 kg 

1,760 kg < x ≤ 2610 
kg 

Euro 4 

Euro 5 

Euro 6 

Euro 4 

Euro 5 

Euro 6 

Euro 4 

Euro 5 

Euro 6 

(Current) 

(from 
1.9.2011) 

(from 
1.9.2016) 

(Current) 

(from 
1.9.2012) 

(from 
1.9.2017) 

(Current) 

(from 
1.9.2012) 

(from 
1.9.2017) 

Pollutant 
(g/km) 

Carbon 
Monoxide 

0.63 

0.5 

0.5 

0.63 

0.63 

0.63 

0.74 

0.74 

0.74 

0.13 

0.23 

0.17 

0.3 

0.23 

0.195 

0.46 

0.35 

0.215 

Hydrocarbons 
and 
(Total) 
Oxides 
of 
Nitrogen 
(Total) 
(combined 
mass) 

Oxides 
Nitrogen 

of 

0.33 

0.18 

0.08 

0.25 

0.235 

0.105 

0.39 

0.28 

0.125 

Particulates 
(mass) 

Particulates 
(number) 

0.025 

0.0045 

0.0045 

0.04 

0.005 

0.005 

0.06 

0.005 

0.005 

6x1011 

6x1011 

6x1011 

6x1011 

6x1011 

6x1011 

6x1011 

6x1011 

6x1011 

331 

Restrictions on placing on the market are around one year earlier than these dates. 

EN 

74 

   EN 

 
 
 
 
                                                 
Table 7: Emission Limit Values for Lorries (see section 7.2.2.2) 

Engine Type 

Diesel 

2005  2008 

(Euro 
V) 

Gas  or  diesel  with 
converter 

catalytic 

1.10.2014 
(proposed 
VI) 

Euro 

2005  2008 

(Euro 
V) 

1.10.2014 
(proposed 
VI) 

Euro 

Pollutant 

Carbon monoxide (g/kWh) 

1.5 

1.5 

1.5 

4.0 

4.0 

4.0 

Hydrocarbons (g/kWh) 

0.46 

0.46 

0.13 

- 

- 

- 

Non-methane 
(g/kWh) 

hydrocarbons 

Mass  of  methane  (g/kWh)  (only 
for natural gas engines) 

- 

- 

- 

- 

- 

- 

0.55 

0.55 

0.16 

1.1 

1.1 

0.5 

Nitrogen oxides (g/kWh) 

3.5 

2 

0.4 

3.5 

2 

0.4 

Particulates 
(not 
applicable to gas-fuelled engines) 

(g/kWh) 

0.02 

0.02 

0.01 

0.03 

0.03 

0.01 

Smoke (m-1) 

Ammonia (ppm) 

0.5 

0.5 

- 

- 

- 

10 

- 

10 

Table  8:  Emission  Limit  Values  for  Buses  with  petrol  engines  (see  section 
7.2.2.2)332 

Weight (reference mass) 

< 2.5 tonnes  >2.5 tonnes  <2.61 tonnes 

<2.61 tonnes 

Pollutant (g/km) 

Carbon Monoxide 

Hydrocarbons (total) 

Oxides of Nitrogen 

Particulates (mass) 

Euro 4 

(Current) 

1 

0.1 

0.08 

0.025 

Non-methane hydrocarbons 

- 

Euro 5 

Euro 6 

(from 1.9.2012) 

(from 1.9.2017) 

2.27 

0.16 

0.11 

0.06 

- 

1 

0.1 

0.06 

0.005 

0.068 

1 

0.1 

0.06 

0.005 

0.068 

332 

Restrictions on placing on the market are two years earlier than these dates. 

EN 

75 

   EN 

 
 
 
 
 
 
 
 
 
                                                 
Table  9:  Emission  Limit  Values  for  Buses  weighing  less  than  2.61  tonnes  with 
diesel engines (see section 7.2.2.2)333 

Pollutant 
(g/km) 

Carbon Monoxide 

Hydrocarbons  (Total)  and  Oxides  of  Nitrogen  (Total) 
(combined mass) 

Oxides of Nitrogen 

Particulates (mass) 

Euro 4 

Euro 5 

Euro 6 

(Current) 

(from 
1.9.2012) 

(from 
1.9.2017) 

- 

- 

- 

- 

0.5 

0.23 

0.18 

0.005 

0.5 

0.17 

0.08 

0.005 

Table 10: Emission Limit Values for Buses with gas engines and Buses with 
diesel engines weighing more than 2.61 tonnes (see section 7.2.2.2)334 

Engine Type 

Diesel 

Gas or diesel with catalytic 
converter 

2005  2008  1.10.2014 
(proposed) 

2005  2008  1.10.2014 
(proposed) 

Pollutant 

Carbon monoxide (g/kWh) 

1.5 

1.5 

1.5 

4.0 

4.0 

4.0 

Hydrocarbons (g/kWh) 

0.46 

0.46 

0.13 

- 

- 

- 

Non-methane hydrocarbons (g/kWh) 

Mass  of  methane  (g/kWh)  (only  for 
natural gas engines) 

- 

- 

- 

- 

- 

- 

0.55 

0.55 

0.16 

1.1 

1.1 

0.5 

Nitrogen oxides (g/kWh) 

3.5 

2 

0.4 

3.5 

2 

0.4 

Particulates  (g/kWh)  (not  applicable  to 
gas-fuelled engines) 

0.02 

0.02 

0.01 

0.03 

0.03 

0.01 

Smoke (m-1) 

Ammonia (ppm) 

0.5 

0.5 

- 

- 

- 

10 

- 

10 

333 
334 

Restrictions on placing on the market are two years earlier than these dates. 
Restrictions on placing on the market are two years earlier than these dates. 

EN 

76 

   EN 

 
 
 
 
 
 
 
 
 
                                                 
Table 11: Emission Limit Values for Motorcycles, Tricycles and Quadricycles 
(see section 7.2.2.2) 

Vehicle type 

Motorcycles 

Tricycles and 
Quadricycles 

<150 
cm³ 

≥150 
cm³ 

Max  speed  < 
130 km/h 

Max  speed  ≥ 
130 km/h 

Petrol 
engine 

Diesel 
engine 

Mass 
monoxide (g/km) 

of 

carbon 

2 

2 

2.62 

Pollutant 

Mass  of  hydrocarbons 
(g/km) 

0.8 

0.3 

0.75 

of 

Mass 
nitrogen (NO) 

oxides 

of 

0.15 

0.15 

0.17 

2.62 

0.33 

0.22 

7 

1.5 

2 

1 

0.4 

0.65 

EN 

77 

   EN 

 
 
 
Table 12: Emission Limit Values for Tractor engines (see section 7.2.2.2) 

18 kW≤ P 
< 37 kW 

37 kW≤ P < 56 kW 

56 kW≤ P < 75 kW 

75 kW≤ P < 130 kW 

130 kW≤ P < 560  

31.12.2006  31.12.2007  31.12.2011  31.12.2007  31.12.2011  30.9.2014  31.12.2006  31.12.2011  30.9.2014  31.12.2005 

31.12.2010 

31.12.2013 

5.5 

5.0 

5.0 

5.0 

5.0 

5.0 

5.0 

5.0 

5.0 

3.5 

3.5 

3.5 

7.5 

4.7 

4.7 

4.7 

4.0 

4.0 

0.19 

0.19 

0.19 

0.19 

0.19 

0.19 

3.3 

0.4 

3.3 

0.4 

2.0 

0.4 

g/kWh/  date 
after 

Carbon 
Monoxide 

Hydrocarbons 

Hydrocarbons 
+  Oxides  of 
nitrogen 

Oxides 
Nitrogen 

of 

Particulates 

0.6 

0.4 

0.025 

0.4 

0.025 

0.025 

0.3 

0.025 

0.025 

0.2 

0.025 

0.025 

EN 

78 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Table 13: Roadworthiness Testing requirements for cars, vans, lorries and 
buses (see section 7.2.2.3) 

Engine type 

With 
emission 
system? 

advanced 
control 

When  

Maximum level 

Petrol  driven,  positive 
ignition 

No 

Type  approved  up 
including 1.10.1986 

to  and 

Carbon Monoxide 4.5% vol 

No 

Yes 

Yes 

- 

- 

- 

Type approved after 1.10.1986 

Carbon Monoxide 

Not  meeting  Euro  4  standards 
or  put 
into  service  before 
1.7.2002 

3.5% vol 

Carbon Monoxide 

0.5%  vol  at  idling  speed  (can  also  be 
measured  using  on-board  diagnostic 
systems) 

0.3% vol at high idling speed 

Type meets Euro 4 standards or 
put into service after 1.7.2002 

Carbon Monoxide 

0.3%  vol  at  idling  speed  (can  also  be 
measured  using  on-board  diagnostic 
systems) 

0.2% vol at high idling speed 

Defined according to plate.335 

Large  range  of  values  depending  on 
different factors 

Not defined according to plate   Naturally aspirated diesel engines - 2.5 
m-1 

Not defined according to plate 

Turbo-charged diesel engines 3.0 m-1 

Type  meets  Euro  4,  5  or  EEV 
standards 

1.5 m-1 

Diesel engines put into 
service after 1.1.1980 

335 

Council directive 72/306/EEC of 2 August 1972 on the approximation of the laws of the Member States 
relating  to  the  measures  to  be  taken  against  the  emission  of  pollutants  from  diesel  engines  for  use  in 
vehicles, OJ L 190, 20.8.1972, p. 1, as amended 

EN 

79 

   EN 

 
 
 
 
 
 
 
 
 
                                                 
Table 14: Maximum Noise Emissions from New Vehicles (see section 7.3.2.1) 

Vehicle  

Characteristics 

Passenger 
Car 

Direct injection diesel 

Vans 

Mass less than 2 tonnes 

Mass less than 2 tonnes, with direct injection diesel 

Mass more than 2 and not more than 3.5 tonnes 

Mass more than 2 and not more than 3.5 tonnes with direct injection diesel 

Lorries 

More than 3.5 tonnes with an engine power of less than 75 kW 

More  than  3.5  tonnes  with  an  engine  power  of  less  than  75  kW  with  direct 
injection diesel 

More than 3.5 tonnes with an engine power of not less than 75 kW but less than 
150 kW 

More than 3.5 tonnes with an engine power of not less than 75 kW but less than 
150 kW with direct injection diesel 

More than 3.5 tonnes with an engine power of not less than 150 kW 

More than 3.5 tonnes with an engine power of not less than 150 kW with direct 
injection diesel 

Buses 

Maximum permissible mass of no more than 2 tonnes 

More than 2 and not more than 3.5 tonnes 

Maximum  permissible  mass  of  more  than  3.5  tonnes  and  an  engine  power  less 
than 150 kW 

Maximum permissible mass of more than 3.5 tonnes and an engine power not less 
than 150 kW. 

Mopeds 

Speed - 25 km/h or less 

Speed – more than 25 km/h 

Three wheels 

Motor 
cycles  

Engine capacity - 80 cm³ or less 

Engine capacity - more than 80 cm³, less than or equal to 175 cm³ 

Engine capacity - more than 175 cm³ 

Three wheels 

Maximum  Noise  Level 
(dB(A)) 

74 

75 

76 

77 

77 

78 

77 

78 

78 

79 

80 

81 

76 

77 

78 

80 

66 

71 

76 

75 

77 

80 

80 

EN 

80 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Table 15: Passenger Car Tyre Noise (see section 7.3.2.2) 

Limit 
value 

width 

dB (A) 

Tyre 
(mm) 

≤145  

>145 ≤ 165 

>165 ≤ 185 

>185 ≤ 215 

>215  

72 

73 

74 

75 

76 

into 

Entry 
vehicles 

force 

for  new 

Entry  into  force  for  new  tyres  sold  separately  from  the 
vehicle 

4.2.2005 

4.2.2005 

4.2.2005 

4.2.2005 

4.2.2005 

1.10.2009 

1.10.2009 

1.10.2009 

1.10.2010 

1.10.2011 

Table 16: Van, Bus and Lorry tyre Noise requirements (see section 7.3.2.2) 

Speed 
category 
(km/h) 

Load  capacity 
in 
single 
formation 

Limit  value 
Normal 
(dB(A)) 

Limit  value 
Snow 
(dB(A)) 

Limit  value 
Special 
(dB(A)) 

Entry 
into 
force  for  new 
vehicles 

into  force  for 
sold 
the 

tyres 

from 

Entry 
new 
separately 
vehicle 

>140  

≤ 140 

≤121 

≤121 

≥121 

75 

76 

76 

77 

78 

78 

78 

79 

79 

4.2.2005 

4.2.2005 

4.2.2005 

1.10.2009 

1.10.2009 

1.10.2009 

EN 

81 

   EN