CELEX: 51992PC0600
Language: en
Date: 1993-01-22
Title: Re-examined proposal for a COUNCIL DIRECTIVE amending for the second time Directive 75/716/EEC on the sulphur content of certain liquid fuels

COMMISSION OF THE EUROPEAN COBVMUNITIES
4        • « iv^WfflMS
                                                                        COM (91) 600 f i na I SYN340
                                                                        Brussels, 22   January 1993
  * * fi* l ' ^
      * I
          L »"Sa
             its!
                                             Re-examined proposal for a
                                                  COUNCIL DIRECTIVE
                                           AMENDING FOR THE SECOND TIME
                                           DIRECTIVE 75/716/EEC ON THE
                                     SULPHUR CONTENT OF CERTAIN LIQUID FUELS
                             (presented by the Commission pursuant to Article 149.2(d)
                                                 of the EEC treaty)
           .V;VSH
                 • ^ vf
             ~*~"lË~ESt
 ---pagebreak---                         -      -1 -
                         EXPLANATORY MEMORANDUM
   On 18th November 1992, the European Parliament, in its second reading,
   adopted thirteen amendments to the Common Position of   the Council on
   the Commission proposal for a Council directive on the sulphur content
   of certain liquid fuels COM (91) 154 final as modified by COM (92) 119
   final - SYN 340.
2. The Commission accepts a slightly revised version of amendment     N' 2
   and the objectives of amendment N* 11.
   Amendment N* 2 is a recital which identifies the impact of emissions
   originating from the fuel in the tanks of vehicles and vessels
   entering Community territory from 3rd countries and seeks action to
   address this issue. Agreement to this recital is consistent with the
   support given after the first reading and the intention to consider
   this issue in the scope of the report requested by article 2.2 of the
   common pos i 11on.
   Amendment N* 11 sought to amend article 3 so that it stated a clear
   restriction of the marketing of fuels which do not meet the levels
   established by the directive. This is already established in Articles
   2.1 and 2.2 of the Common Position but the Commission agrees that the
   clearer wording sought by this amendment could be introduced into
   these articles.
3. The reason why the Commission did not accept amendments 1, 3, 4, 5, 6,
   7, 8, 9, 10, 12 and 13 which it cannot accept, are as follows:
   Amendment N* 1 is for a new recital expressing the need for urgent
   action to achieve drastic reduction. While the need for further
   action is agreed such an alarmist recital is not justified.
 ---pagebreak--- Amendment N" 3, part of 4 & 5, part of 8 & 9 seek the introduction of
the new limits earlier than proposed in the Common Position. The
Commission has rejected these amendments on the first reading due to
the need, especially in Southern Member States, for adequate time to
make the required investments, this continues to be the Commissions
pos J t i on.
Amendment     N* 6 part  1 and part of amendment      N" 9 seeks the
implementation of a second stage of kerosene sulphur reduction before
1.10.98 as opposed to the date of 1.10.99 in the Common Position.
This issue will be addressed in the report requested under article 2.2
and no firm decision advancing the date should be made prior to that
report.
Amendment N" 7 seeks a firm commitment to legislate on the question of
fuel in tanks of vehicles and vessels from third countries. While the
Commission considers this an important issue, it cannot accept such a
firm commitment.
Amendment N* 8 third part requires all petrol filling stations to make
low sulphur fuel available from 1.10.95. This is considered as an
excessive cost to impose for only one year prior to the implementation
date of the low sulphur requirement.
Amendment N* 9 third part requires the report identified in article
2.2 before 1.7.93. This deadline is unrealistic given the amount of
work required.
Amendment     N* 10 requires the deletion of the section on the
notification procedure of derogation measures - this is not acceptable
for legal reasons.
Amendment 12 & 13 seeks to bring the directive into force one year
earlier. This is impractical given the time needed for transposition
Into national legislation in the Member States.
 ---pagebreak---                                       3
Re-examined proposal for a Council Directive amending for the second time
Directive 75/716/EEC on the sulphur content of certain liquid fuels.
The Commission assents to the Common Position of the Council as described
 in Council document 7398/1/92 of 27.07.1992, subject to the following
amendments :
     Common Position of the Council                        Amendments
                                8th Recital a (new)
                                            Whereas sulphur emissions from inland
                                            waterways vessels, coastal vessels,
                                            deep sea vessels and motor vehicles
                                            crossing the frontier to. or entering
                                             the territorial waters of. a Member
                                            State from a third country maybe a
                                            significant factor in air pollution :
                                             there is therefore an urgent need to
                                            consider measures that from the
                                            moment these vessels and vehicles
                                            cross the border or enter the
                                             territorial waters of a Member State
                                             they use only fuel whose sulphur
                                             content complies with the
                                             requirements of this Directive;
                                     Article 2(1)
1. Member States shall, in order to          1. Member States shall, in order to
reach the particulate emission levels        reach the particulate emission levels
 laid down i n spec i f i c Commun 11 y      laid down in specific Community
Directives, take all necessary steps        Directives, prohibit the marketing of
to ensure that diesel fuels can be          diesel fuels in the Community if
placed on the market in the Community        their sulphur content, expressed in
only if their sulphur compound              sulphur (hereinafter "sulphur
content, expressed in sulphur               content"), exceeds :
(hereinafter "sulphur content"), does
not exceed :
                                     Article 2(2)
2. Member States shall take all             2. Member States shall prohibit the
necessary steps to ensure that              marketing of gasoils other than, or
gasoils other than, or used for             used for purposes other than, those
purposes other than, those referred          referred to in paragraph 1 - with the
to in paragraph 1 - with the                exception of kerosenes - as from
exception of aviation kerosenes -            1 October 1994 if their sulphur
may, as from 1 October 1994, be             content exceeds 0.2 X by weight.
marketed in the Community only if
their sulphur content does not exceed
0.2 % by weight.
 ---pagebreak---                                                   /
                                   EUROPEAN           P A R L I A M E N T
                                   1 9 9 2   —   1 9 9 3     S E S S I O N
Decision of the European Parliament on the common p o s i t i o n established by the
Council with a view to the adoption o f a d i r e c t i v e on the sulphur content of
c e r t a i n l i q u i d f u e l s (A3-365/92 - C3-359/92).
                                               EXTRACT
                                      FROM      THE      M I N U T E S
                                     OF    THE     S I T T I N G     OF
                                             18 November 1992
DOC EN\LT\216\2167€3                                                       PE 162.863
 ---pagebreak---                                      s
    Sulphur content of liquid fuels **II
DECISION A3-0365/92
(Cooperation procedure: second reading)
Decision on the common position established by the Council with a view to the
adoption of a directive on the sulphur content of certain liquid fuels
The European Parliament.
    having regard to the common position of the Council (C3-0359/92 - SYN 340),
    having regard to its opinion delivered at first reading on the Commission
    proposal (COM(91)0154),
                                                                    2
    having regard to the amended Commission proposal (COM(92)0119) ,
    having regard to the relevant provisions of the EEC Treaty and its Rules of
    Procedure,
1. Has amended the common position as set out below;
2.  Has instructed its President to forward this decision to the Council and
    Commmission.
Common position of the Council              Text amended by Parliament
                               (Amendment No. 1)
                                  8th recital
Whereas reducing the sulphur content      Whereas reducing the sulphur content
of certain liquid fuels serves to         of certain liquid fuels serves to
further one of the Community's            further one of the Community's
objectives, which is to preserve,         objectives, which is to preserve,
protect and improve the quality of        protect and improve the quality of
the environment and to contribute         the environment and to contribute
towards protecting human health, by       towards protecting human health, by
rectifying environmental damage at        rectifying environmental damage at
source;                                   source; whereas in view of the
                                          alarming    environmental     problems
                                          connected with air pollution in large
                                          areas of the Community there is,
                                          therefore, an urgent need for a
                                          drastic reduction in the sulphur
                                          content of gas oil;
        OJ No. C 94, 13.4.1992, p. 205
        OJ No. C 120, 12.5.1992, p. 12
                                                                     PE 162.863
 ---pagebreak---                                       G                                           EN
                               (Amendment No. 2)
                              8th recital a (new)
                                          Whereas sulphur emissions from inland
                                          waterways vessels, coastal vessels,
                                          deep sea vessels and motor vehicles
                                          crossing the frontier to.or_entering
                                          the territorial., waters, ^f^„„a_JMember
                                          State from a third country are__a_
                                          significant factor in air pollution;
                                          whereas there is therefore an urgent
                                          need for measures to ensure that from
                                          the moment these vessels and vehicles
                                          cross   the border     or   enter     the
                                          territorial waters of a Member State
                                          thev use only fuel whose sulphur
                                          content      complies      with       the
                                          requirements of this Directive;
                               (Amendment No. 3)
                                  10th recital
Whereas Member States must take steps     Whereas, with effect from 1 October
to ensure that diesel fuels of a           1995. a diesel fuel of a maximum
maximum sulphur content of 0.05% by       sulphur content of 0.05% bv weight is
weight are gradually made available;      essential to comply with second-step
                                          standards for particulate emissions
                                          pursuant   to Directive      88/77/EEÇ;
                                          whereas Member States must therefore
                                          take steps to ensure that diesel
                                          fuels of a maximum sulphur content of
                                          0.05% by weight are gradually made
                                          available;
                               (Amendment No. 4)
                                  11th recital
Whereas, in order to attain the           Whereas, in order to attain the
particulate emission levels set in        particulate emission levels set in
specific Community Directives, the        specific Community Directives, the
sulphur content of diesel       fuels     sulphur content of diesel          fuels
placed on the market within the           placed on the market within the
Community may not exceed 0.2% by          Community may not exceed 0.2% by
weight as from 1 October 1994 and         weight as from 1 April 1994 and 0.05%
0.05% by weight as from 1 October         by weight as from 1 April 1996;
1996; whereas the Member States roust     whereas the Member States must take
take appropriate measures to achieve      appropriate measures to achieve that
that objective;                           objective;    whereas   it   would      be
                                          particularly appropriate, for the
                                          purpose     _&f .^^SAtl&f.y.ingL     Jfeh.e.
                                          requirements of EEC Directives on
                                          reducing harmful gaseous substancqs
                                          from diesel vehicles, to JJ> iJUse
                                          fiscal inducements to ensure tho
                                          availability as soon as POSSib 1 e__.pf
                                          diesel fuel and heating gas oil with
                                          a sulphur content of 0.05%.J>y_jte.ighjti
                                                                       PE 162.863
 ---pagebreak---                                         ?
                               (Amendment No. 5)
                                  12th recital
Whereas the increasing use of gas oil     Whereas the increasing use of gas oil
for motor vehicles implies further         for motor vehicles implies further
efforts with regard to the quality of     efforts with regard to the quality of
diesel fuel, in order to limit the        diesel fuel, in order to limit the
adverse effects of such use on air        adverse effects of such use on air
quality; whereas setting a maximum        quality; whereas setting a maximum
sulphur content of 0.05% by weight to     sulphur content of 0.05% by weight to
apply from 1 October 1996 for diesel      apply from 1 April 1996 for diesel
fuel allows the industries concerned       fuel allows the industries concerned
sufficient time to make the technical     sufficient time to make the technical
adjustments required;                     adjustments required;
                               (Amendment No. 6)
                                  13th recital
Whereas the other uses of gas oils        Whereas the other uses of gas oils
and medium oils require an effort to      and medium oils require an effort to
be made to reduce air pollution,          be made to reduce air pollution,
wherein account should be taken of        wherein account should be taken of
their contribution having regard to        their contribution having regard to
air    quality     improvement    and     air     quality     improvement     and
environmental costs and benefits;         environmental costs and benefits;
whereas the Commission should submit      whereas the Commission should submit
to the Council, which will take a          to the Council, which will take a
decision thereon by 31 July 1994 at       decision thereon by 31 July 1994 at
the latest, a proposal introducing,        the latest, a proposal introducing,
by 1 October 1999 at the latest, a        by 1 October 1998 at the latest, a
lower limit for the sulphur content        lower limit for the sulphur content
and setting new limit values for          and setting new limit values for
aviation kerosenes;                       aviation    kerosenes; whereas the
                                          quality of diesel fuel must also be
                                           Improved with regard tP the çetane
                                          number    (at least     50) and the
                                          proportion of aromatics (a maximum of
                                          IOJLLL
                               (Amendment No. 7)
                                 Article 1(2)
2. This Directive shall not apply to       2. This Directive shall not apply to
gas oils:                                 gas oils:
    contained in the fuel tanks of             intended for processing prior to
    vessels,   aircraft    or   motor          final consumption;
    vehicles crossing a frontier               contained in the fuel tanks of
    between a third country and a              vessels,   aircraft    or    motor
    Member State;                              vehicles crossing a frontier
    intended for processing prior to           between a third country and a
    final consumption.                         Member State.
                                                                      PE 162.863
 ---pagebreak---                                                   On a proposal from the Commission
                                                  the Council shall decide. no.
                                                  later than 31 July 1994, on
                                                  measures to ensure that with
                                                  effect from 1 October 1995 these
                                                  vessels and vehicles only use
                                                  within the Community gas oils
                                                  with a sulphur content which
                                                  complies with the provisions of
                                                  this Directive.
                                  (Amendment No. 8)
                                    Article 2(1)
1. Member States shall, in order to          1. Member States shall, in order to
reach the particulate emission levels        reach the particulate emission levels
laid down      in specific     Community     laid down       in specific      Community
Directives, take all necessary steps         Directives, take all necessary steps
to ensure that diesel fuels can be           to ensure that diesel fuels can be
placed on the market in the Community        placed on the market in the Community
only    if   their   sulphur    compound     only    if    their    sulphur    compound
content,     expressed     in    sulphur     content,      expressed      in    sulphur
(hereinafter 'sulphur content'), does        (hereinafter ' sulphur content ' ) , does
not exceed:                                  not exceed:
     0.2% by weight as from 1 October             0.2% by weight as from 1 April
     1994,                                        1994,
     0.05% by weight as from 1 October            0.05% by weight as from 1 April
     1996.                                        1996,
                                             -    0.02% bv weight as from 1 October
Member States shall take steps to            Member States shall take steps to
ensure that the diesel fuels referred        ensure that the diesel fuels referred
to in the first paragraph with a             to in the first paragraph with a
sulphur content not exceeding 0.05%          sulphur content not exceeding 0.05%
by    weight     are   gradually    made     by    weight      are   gradually     made
available.                                   available. Steps shall be taken to
                                             ensure     the    availability    at   all
                                             filling     stations     throughout    the
                                             Community with effect from 1 October
                                             1995 of fuel for vehicles with diesel
                                             engines which have to satisfy the
                                             requirements Of the Second stage of
                                             Directive 91/542/EEC with effect from
                                             that flate,
                                                                             PC 142.8*3
 ---pagebreak---                                       3                                         EN
                                 (Amendment No. 9)
                                   Article 2(2)
2. Member States shall take all             2. Member States shall take all
necessary steps to ensure that gas          necessary steps to ensure that gas
oils other than, or used for purposes       oils other than, or used for purposes
other than, those referred to in            other than, those referred to in
paragraph 1 (with the exception . of        paragraph 1 - with the exception of
aviation kerosenes*) may, as from 1         aviation kerosenes - may be marketed
October 1994. be marketed in the            in the Community only if their
Community only if their sulphur             sulphur content does not exceed
content does not exceed 0.2% bv                 0.2% by weight from 1 April 1994.
weight,
                                                Ot 1% PV weight from 1 October
                                                1996,
Before 1 January 1994. the Commission       Before 1 July 1993. the Commission
shall indicate, in a report to the          shall indicate, in a report to the
Council, what progress has been made        Council, what progress has been made
in    controlling     sulphur   dioxide     in   controlling    sulphur    dioxide
emissions. At the same time it shall        emissions and submit a proposal, in
submit to the Council a proposal, in        the more general framework of the
the more general framework of the           policy to improve air quality,
policy to improve air quality, for
transition to a second phase.                   prescribing a further reduction
prescribing a lower limit bv 1                  in the sulphur content of these
October 1999 at the latest. aM                  gas oils with effect from 1
setting new limit values for aviation           QCtPper 1998,
kerosene.                                       setting new limit values for
                                                aviation kerosene with effect
                                                from 1 October 1998.
                                                establishing     a    qualitative
                                                improvement in diesel fuel bv
                                                setting the cetane number at a
                                                minimum of 50 and the proportion
                                                of aromatics at a maximum of 10%.
The Council shall act by a qualified        The Council shall act, pursuant to
majority by 31 July 1994 at the             Article 100a. by a qualified majority
latest.                                     by 31 July 1994 at the latest.
*    This phrase is missing from the
    English   version    of the common
    position.
                                                                      PE 162.863
 ---pagebreak---                                         iO                                      EN
                                 (Amendment No. 10)
                        Article 2(3), first subparagraph
3. If, as the result of a sudden             3. If, as the result of a sudden
change in the supply of crude oil or         change in the supply of crude oil or
petroleum   products,     it    becomes      petroleum   products,    it   becomes
difficult for a Member State to apply        difficult for a Member State to apply
the limit on the maximum sulphur             the limit on the maximum sulphur
content of gas oil, that Member State        content of gas oil, that Member State
shall inform the Commission thereof.         shall inform the Commission thereof.
The Commission may authorize a higher        The Commission may authorize a higher
limit to be applicable within the            limit to be applicable within the
territory of that Member State for a         territory of that Member State for a
period not exceeding^ six^ months, and       period not exceeding six months.
shall notify its decision to the
Council.     Anv Member State mav
contest that decision pgfpre the
Council within one jaonth.          £he.
çpunçi;, actâthg W       a    qraUfi-vd
maiprityi way adppt      a    different
decision within two months.
                                 (Amendment No. 11)
                                     Article 3
No Member State mav. as from the             Member States must. as from the dates
dates of application laid down in            of application laid down in Article
Article 2(1) and      (2), prohibit,         2(1)or (3), prohibit the marketing of
restrict or prevent the placing on           gas oils if thev do not comply with
the market of gas oils, on the               the requirements of this Directive.
grounds of their sulphur content» i f
those gas oils comply with the
requirements of this Directive.
                                 (Amendment No. 12)
                                     Article 5
As from 1 October 1994. Directive            As from 1 October 1993. Directive
75/716/EEC shall be replaced by this         75/716/EEC shall be replaced by this
Directive.                                   Directive.
                                 (Amendment No. 13)
                            Article 6, first paragraph
Member States will bring into force          Member States will bring into force
the     laws,    regulations        and      the     laws,    regulations      and
administrative provisions necessary          administrative provisions necessary
to comply with this Directive not            to comply with this Directive not
later than 1 October 1994. They shall        later than 1 October 1993.       They
forthwith   inform   the     Commission      shall forthwith inform the Commission
thereof.                                     thereof.
                                          <T                            PE 162.863
 ---pagebreak---  ---pagebreak---                                         4 0                          ISSN 0254-1475
                                                              COM(92) 600 final
                                                     DOCUMENTS
EN                                                                              14
                                Catalogue number : CB-CO-92-628-EN-C
                                                             ISBN 92-77-51530-9
Office for Official Publications of the European Communities
L-2985 Luxembourg