CELEX: 51991PC0089
Language: en
Date: 1991-03-15
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 88/77/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE MEASURES TO BE TAKEN AGAINST THE EMISSION OF GASEOUS POLLUTANTS FROM DIESEL ENGINES FOR USE IN VEHICLES

COMMISSION OF THE EUROPEAN COMMUNITIES
                                       C0M(91) 89 final - SYN 272
                                       Brussels, 15 March 1991
                  AMENDMENT TO THE PROPOSAL FOR A
                          COUNCIL DIRECTIVE
                    AMENDING DIRECTIVE 88/77/EEC
      ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES
                RELATING TO THE MEASURES TO BE TAKEN
            AGAINST THE EMISSION OF GASEOUS POLLUTANTS
              FROM DIESEL ENGINES FOR USE IN VEHICLES
      (presented by the Commission pursuant to Article 149(3)
                          of the EEC Treaty)
 ---pagebreak---                                  - 2 -
1. EXPLANATORY MEMORANDUM
A. On 15 June 1990 the Commission sent the Council a proposal for a directive
   amending Directive 88/77/EEC on the approximation of the laws of the
   Member States relating to the measures to be taken against the emission of
   gaseous pollutants from diesel engines for use in vehicles.
   On 24 January 1991, the European Parliament approved the proposal, on the
   first reading, subject to 28 amendments.
   The Commission accepted 11 amendments as far as their content was
   concerned.   It proposed to accommodate them and express them in an
   appropriate manner in the amended proposal which it undertook to make.The
   Commission is well aware of the rapid developments in this sector and will
   be prepared to take into consideration, where appropriate, new facts which
   might emerge in the future.
B. The Commission therefore proposes to amend its proposal as follows:
   (1) Editorial amendments have been made to the third and sixth recitals in
       order to make the aim of the proposal clearer.
   (2) The Commission shares Parliament's concern that the increase in
       vehicle registrations will increase pollution and proposes a new
       recital to be included after the present third recital and to
       supplement the fourth recital in order to establish a link between the
       proposed standards and growth in road traffic.
   (3) The Commission agrees with Parliament in calling for a study of the
       usefulness of supplementing the European 13-mode test cycle by adding
       dynamic test sequences to take better account of acceleration and
       undertakes in a new recital 5a to submit a report on the subject.
   (4) With regard to the statistical method for monitoring the conformity of
       production, the Commission shares Parliament's view that it should be
       improved so as to have from now on a single limit value which applies
       to both the approval of new types and the monitoring of conformity.
       St therefor^ proposes a new recital 5b which includes and strengthens
       the reasoning already contained in the present fifth recital.
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(5) Although this initiative does not fall within the scope of this
    Directive, the Commission shares Parliament's view that the new
    stringent European standards for new vehicles should be backed up by
    an effective Community system of technical inspection and undertakes
    to submit a proposal to this end (new recital 5c).
(6) As requested by Parliament, the Commission proposes to provide in this
    Directive, as in the Car Emissions Directive, for Member States to be
    allowed to introduce fiscal incentive schemes.    Such fiscal incentives
    would make it possible to increase the rate of improvement of
    environmental protection.    A new recital 7 and a new Article 3 from
    Council Directive 89/458/EEC of 18 July 1989 are proposed on this
    subject.
(7) Furthermore, the Commission shares Parliament's view that the new
    directive will be further strengthened if the Member States introduce
    schemes to encourage the purchasers of new vehicles to scrap their old
    vehicles or surrender them for recycling and proposes a new recital 8
    on this subject.
(8) The Commission accepts Parliament's request that the Community should
    provide financial support for the research and development of
    alternative systems of propulsion, alternative fuels and new transport
    concepts (new recital 9 ) .
 ---pagebreak---                                     _ 4 -
                        AMENDMENT TO THE PROPOSAL FOR A
                                COUNCIL DIRECTIVE
                           AMENDING DIRECTIVE 88/77/EEC
             ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES
                      RELATING TO THE MEASURES TO BE TAKEN
                   AGAINST THE EMISSION OF GASEOUS POLLUTANTS
                     FROM DIESEL ENGINES FOR USE IN VEHICLES
Third recital to read:
"Whereas Council Directive 88/77/EEC lays down the limit values for the
emissions of carbon monoxide, unburnt hydrocarbons and nitrogen oxides from
diesel engines for use in motor vehicles on the basis of a test procedure
representative for European driving conditions for the vehicles concerned;
whereas in accordance with Article 6 of that Directive these limit values
should be further reduced in the light of technical progress and a limit value
for particulate emissions established."
After the third recital, add the following new recital:
"Whereas, in laying down the new standards and test procedures, it is
necessary to take account of future traffic growth in the European Community;
whereas an increase in vehicle registrations, particularly lorries, may be
anticipated as a result of the internal market."
Fourth recital to read:
"Whereas the work undertaken by the Commission in that sphere has shown that
the Community motor industry has had available for some time or is currently
perfect ing technologies which allow a considerable reduction of the limit
values in question and the particulate standards; whereas, because of this and
the likely increase in the number of motor vehicles in Europe as a result of
the internal market, it is imperative to reduce emission limit values
radically in the interests of environmental protection and public health."
 ---pagebreak---                                   - 5 -
After the fifth recital, add the following new recital 5a:
"Whereas the European thirteen-mode test cycle for checking the limit values
of gaseous pollutants should be complemented to take account of dynamic
processes such as acceleration; whereas the Commission   will submit a report
on this subject in due course."
After the new recital 5a. add the following new recital 5b:
"Whereas, under the spot check procedure in production testing, the production
limit value for pollutants need only be maintained on average; whereas an
improved sampling procedure would be highly desirable; whereas the Commission
will submit appropriate proposals."
After the new recital 5b. add the following new recital 5c:
"Whereas, so that the limit values laid down can be complied with effectively,
a special annual mandatory exhaust test must be introduced for all the
vehicles in question; whereas the Commission will submit appropriate
proposals."
Sixth recital to read:
"Whereas in order to allow the European environment to benefit to the maximum
from these provisions and at the same time ensure the unity of the market, it
 is necessary to impose the new, very stringent standards."
After the sixth recital, add the following new recitals:
 "Whereas it would be desirable for the Member States to take the initiative to
encourage, by means of fiscal incentives, compliance with European emission
standards ahead of time, it being understood that such incentives were
applicable to all models marketed in a Member State;"
 ---pagebreak---                                   - 6 -
"Whereas the process of tightening up the standards would also be speeded up
 if Member States introduced schemes to encourage the purchasers of new cars to
scrap their old vehicles or, as far as possible, surrender them for
recycling;"
"Whereas the Community should study and develop alternative systems of
propulsion, alternative fuels and corresponding transport concepts and provide
financial support for research and development in these fields;"
After Article 2. add the following new Article 3:
                                    Article 3
The Member States may make provision for tax incentives for the vehicles
covered by this Directive. Such incentives shall meet the provisions of the
Treaty as well as the following conditions:
     they shall apply to all domestic car production and to vehicles imported
     for marketing in a Member States and fitted with equipment allowing the
     European standards to be met in 1996 to be satisfied ahead of time;
     they shall cease upon the date set in Article 2(3) for the compulsory
     entry into force of the emission values for new vehicles;
     they shall be of a value, for each type of vehicle, substantially lower
     than the actual cost of the equipment fitted to meet the values set and of
     its fitting on the vehicle.
The Commission shall be informed of any plans to introduce or amend the tax
incentives referred to in the first subparagraph in sufficient time to allow
it to submit comments.
Article 3, 4 and 5 are numbered accordingly.
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                                                                   COM(9.1) 89 final
                                                      DOCUMENTS
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