CELEX: 51998PC0241
Language: en
Date: 1998-05-06
Title: Amended proposal for a European Parliament and Council Directive concerning the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   Brussels, 06.05.1998
                                                   COM(1998) 241 final
                                                   96/0163 (COD)
                       OPINION OF THE COMMISSION
                pursuant to Article 189 b (2) (d) of the EC Treaty,
                    on the European Parliament's amendments
                 to the Council's common position regarding the
                                   proposal for a
         EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE
                                     concerning
the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC
           AMENDING THE PROPOSAL OF THE COMMISSION
                  pursuant to Article 189 a (2) of the EC Treaty
 ---pagebreak---  ---pagebreak---                               OPINION OF THE COMMISSION
    BACKGROUND
    On 18 June 1996, the Commission adopted a proposal for a European Parliament
    and Council Directive relating to the quality of petrol and diesel fuels and amending
    Council Directive 93/12/EEC1. This proposal formed an integral part of a cost
    effective strategy for the control of atmospheric emissions from road transport as set
    out in the Communication from the Commission to the European Parliament and the
    Council "On a future strategy for the control of atmospheric emissions from road
    transport taking into account the results of the Auto Oil programme'*' which was
    adopted at the same time (COM (96) 248 final).
    The Economic and Social Committee adopted its opinion on 24 April 19972.
     In the framework of the co-decision procedure, the European Parliament delivered
     its opinion in the first reading on 10 April 19973 including a number of proposed
    amendments.
     In v i e w o f these amendments, Ihe Commission submilled an amended proposal lor a
     European Parliament and Council Directive relating lo the quality o f pelrol ami
    diesel fuels and amending Council Directive 93/12/EEC ( C O M (97) 271            final).
     The Council adopted its c o m m o n position (EC 39/97) on 7 October 1997' on w h i c h
     the Commission delivered its opinion in a C o m m u n i c a t i o n (SEC (97) 1874 final) on
     16 October 1997.
     In second reading, the European Parliament on 18 February 1998 adopted 3d
    amendments to the common position.
    PURPOSE OF THE COMMISSION PROPOSAL
    The proposed directive on the quality of petrol and diesel fuels aims at controlling
    those parameters in the composition of petrol and diesel which influence the level o\'
    atmospheric emissions produced by spark ignition and diesel vehicles. Harmonised
    specifications for petrol and diesel fuels are therefore proposed to take effect across
    the Community as from I January 2000. The sale oi' leaded petrol is also to be
    banned as from the same dale. The proposal also foresees the possibility for Member
    States to mandate the use of special, high quality fuels in agglomerations or /ones
    where there is a particularly severe problem of air pollution affecting human health
    or the environment.
 1
   <>J( , 77oNI.3.l«W7, p. I
   O.I ('209 of 10.7.1997, p. 25
•' OJC 206 of 7.7.1997, p. i n
?
   O.IC 132 of 28.04.1997, p. 159
4
   OJC35I of 19.1 1.1997, p. 1
 ---pagebreak--- :>. OPINION OF THE COMMISSION ON THE AMENDMENTS OF THE
    EUROPEAN PARLIAMENT
    Of the 36 amendments adopted by the European Parliament in second reading (35
    totally and 1 partially), the Commission can accept 3 in their entirety (nrs 11, 13,
    17), 4 partially (nrs 14 (Recital 16 3rd whereas) , 23 (Article 9.3), 24 (Article
     11.1), 24 (Article 11.2)) and 1 in principle (nr 6 provided an additional wording).
    Accordingly, the Commission can not support in their entirity the amendments nrs
     1, 2, 3, 4, 5, 7, 8, 9, 10, 12, 16, 18, 19, 20, 21, 22, 25, 26, 27, 29, 30, 31, 32, 33, 34,
    35, 36, 37 and partially the amendments nrs 14 (Recital 16 lrst whereas), 15
    (Article 3.2), 15 (Article 3.4), 15 (Article 3.5), 23 (Article 9.1), 23 (Article 9.2), 24
    (Article 11.3).
    Amendments which can be accepted:
    •     Amendments 11,13 and 17 have been accepted in their entirety
        On the grounds of redundancy with Article 13, amendments 11 and 17 propose
        the deletion of the date of application ( I January 2000) for the fuels marketed.
        Amendment 13 introduces the concept of common procedures for sampling and
        testing in the Member States' fuels monitoring systems. The Commission supports
        such harmonization which will increase the efficiency of its reporting
        interpretation.
     •    Amendment 6 has been accepted in principle
        It states that changes in fuel composition immediately achieve emission reduction
        from positive ignition engines (gasoline fuelled) in urban areas. The Commission
        can support this amendment provided that the following wording is added:
        "provided that some specifications do not go below or exceed certain levels".
        Indeed, below or beyond a certain limit for certain specifications (aromatics and
        oxygenates), the level of emissions increases.
     •    Parts of amendments 14 (Recital 16 3rd whereas) and 23 (Article 9.3) have
         been accepted.
        Separate specifications for fuels used by captive fleets (buses, taxis, commercial
        vehicles etc.), and in particular fuels specifications for liquid petroleum gas,
        natural gas and biofuels, are proposed. The Commission can support this working
        program as part of the current work performed under the framework of the Auto
        Oil II Review Process.
     •    Amendment 24 has been accepted partially (Articles 11.1 and 11.2)
        It establishes a Committee of advisory nature and requests the Commission to
        take the utmost account of this Committee opinion. The Commission can agree.
     Amendments which cannot be accepted:
     •    The Commission's proposal is based on the principle of cost effectiveness as
         required under Article 4 of Directive 94/12/EC. The Commission cannot
 ---pagebreak---   therefore accept that the proposals should instead have been based on the
  principle of cost benefit. Amendments 3, 4, 5, part of 23 (Article 9.1) are
  therefore not acceptable.
    The proposals for fuel standards to enter into force in 2000 were based upon an
  extensive assessment of the cost effectiveness (as requested by Directive
  94/12/EC in its Article 4) of a range of measurescontributing to reduced vehicle
  emissions. The Commission considers that the proposal on fuel form part of a
  cost effective package of measures and that it is not therefore necessary to
   increase the severity of the fuel specifications to enter into force in 2000 in order
  to achieve agreed upon EU wide air quality standards by 2010. The Commission
   cannot therefore accept amendments 25, 26, 29. On the other hand the
   Commission believes that fuel standards should be introduced at the latest by
   2000 in order to contribute towards reducing vehicle emissions. The Commission
   cannot therefore accept the possibility of a several years delay in introducing
   these measures: parts of amendments 15 (Article 3.4) and 16 (Article 4.2) are
   therefore unacceptable to the Commission.
    With regard to the proposed standard for the maximum level of oxygenates in
   petrol (2.3%) included in the proposal, the Commission considers that there is
   evidence that to increase the maximum level may result in increased levels of
   pollution by toxic substances such as aldehydes. The Commission cannot
   therefore accept amendments 7 and 27.
•   The Commission considers that fuel standards for 2005 can only be finalised on
   the basis of further scientific and technical assessments included in the ongoing
   Auto Oil II Programme. In the absence of such further assessments the laying
   down of mandatory fuel standards for 2005 is premature. For this reason the
   Commission cannot accept amendments I, 10, 12. 19, 30, 31, 32, 33, 34, 35, 36,
   37 and parts of amendment 14 (Recital 16 1st whereas), 15 (Article 3.2). 16
   (Article 4.1), 23 (Article 9.2).
     The Community framework for the application of fiscal incentives for the
   encouragement of the marketing of cleaner fuels is established under Directive
   92/81/EEC. The Commission does not consider it appropriate to set up a separate
   fiscal framework under the present directive and accordingly cannot accept
   amendments 8, 9, 18.
    The fuels proposal is part of a balanced package of measures to reduce emissions
   from road vehicles to a level compatible with the attainment of satisfactory air
   quality standards by the year 2010. This proposal will result in a significant
   improvement of the average fuel quality sold in the Community. The
   Commission cannot therefore accept amendment 2.
    The Commission considers that the conditions under which Committees should
   be consulted and the working procedures of such Committees are horizontal
   issues which should not be dealt with in an ad-hoc manner in relation to specific
   legislative proposals. Accordingly, the Commission cannot accept amendments
   20, 21, 22 and parts of amendment 15 (Article 3.5), 16 (Article 4.3), 24 (Article
   11.3).
 ---pagebreak--- 4.  MODIFIED PROPOSAL
   By adopting its opinion on the common position regarding a Directive of the
   European Parliament and the Council relating to the quality of petrol and diesel
   fuels and amending Council directive 93/12/EEC, the Commission expressed its
   satisfaction with the common position on the grounds that the common position
   remained close to the Commission's original proposal, confirmed the principles of
   cost effectiveness as well as the commitment to base future proposals on extensive
   scientific/technical assessment, and was adopted unanimously.
   Following the second reading by the European Parliament of the Draft Directive, the
   Commission herewith modifies its proposal for a Directive by including the
   accepted amendments (3 in their entirety, 4 partially, and 1 in principle).
 ---pagebreak---                                AMENDED PROPOSAL FOR
           A EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE
   concerning the quality of petrol and diesel fuels and amending Council Directive
                                         93/12/EEC
Common position of the Council                              Amended proposal
                                       (Amendment 6)
                                          Recital 9
(9) Whereas it is necessary to                      (9) Whereas it is necessary to
obtain in the short term a reduction,               obtain in the short term a reduction,
in particular in urban areas, of                    in particular in urban areas, oi'
polluting     vehicle         emissions,            pollutants     such    as    unburnt
including primary pollutants such                   hydrocarbons         and      carbon
as unburnt hydrocarbons and                         monoxide, secondary pollutants
carbon      monoxide,          secondary            such as ozone, toxic emissions such
pollutants such as ozone, toxic                     as benzene and particle emissions;
emissions such as benzene and                       whereas the reduction of polluting
particle emissions;                                 vehicle emissions in urban areas
                                                    can be immediately achieved on
                                                    motor vehicles equipped with
                                                    positive ignition engines through
                                                    changes in fuel composition,
                                                    provided that some specifications
                                                    do not go below or exceed certain
                                                    levels.
 ' OJC35I of 19.1 I.I W7. p. I
 ---pagebreak--- Common position of the Council                         Amended proposal
                                 (Amendment 11)
                                    Recital 13
(13) Whereas the need for vehicle              (13) Whereas the need for vehicle
emission     reduction   and the               emission reduction        and the
availability of the necessary                  availability of the necessary
refinery technology justify the                refinery technology justify the
setting of environmental fuel                  setting of environmental fuel
specifications for the marketing as            specifications for the marketing of
from 1 January 2000 of unleaded                unleaded petrol and diesel fuels;
petrol and diesel fuels;
 ---pagebreak--- Common position of the Council                         Amended proposal
                                 (Amendment 13)
                                    Recital 15
(15) Whereas, in order to ensure               (15) Whereas, in order to ensure
compliance with the fuel quality               compliance with the fuel quality
standards required under this                  standards required under this
Directive, Member States should                Directive, Member States should
introduce monitoring systems, and              introduce monitoring systems;
whereas information on fuel quality            whereas such monitoring systems
collected by Member States should              should be based on common
be      communicated     to     the            procedures for sampling and testing
Commission according to a                      and whereas information on fuel
common format;                                 quality collected by Member States
                                               should be communicated to the
                                               Commission according to a
                                               common format;
 ---pagebreak--- Common position of the Council                             Amended proposal
                                    (Amendment 14)
                                       Recital 16
(16) Whereas, on the basis of a                   (16) Whereas, on the basis of a
comprehensive assessment, the                     comprehensive assessment, the
Commission is to submit a proposal                Commission is to submit a proposal
setting      down       inter     alia            setting      down        inter      alia
environmental specifications for                  environmental specifications for
petrol and diesel fuels to be applied             petrol and diesel fuels to be applied
as from 1 January 2005; whereas                   as from 1 January 2005; whereas
this proposal is to confirm modify                this proposal is to confirm modify
and complement the indicative                     and complement the indicative
specifications set down in this                   specifications set down in this
Directive;        whereas          the            Directive;         whereas           the
Commission's proposal may, as                     Commission's proposal may. as
appropriate,    also     set    down              appropriate.     also     set     down
environmental specifications for                  environmental spécifications for
other types of fuel such as liquid                other types oi' fuel such as liquid
petroleum gas, natural gas and                    petroleum gas. natural gas and
biofucls;                                         biofucls; whereas captive vehicle
                                                  llccts     exist     (buses,      taxis,
                                                  commercial vehicles, etc.) which
                                                  are responsible        for a large
                                                  proportion of urban pollution and
                                                  would     benefit     from     separate
                                                  specifications;
 ---pagebreak--- Common position of the Council                            Amended proposal
                                    (Amendment 17)
                                       Article 5
No Member State may prohibit,                    No Member State may prohibit,
restrict or prevent the placing on the           restrict or prevent the placing on the
market of fuels which comply with                market of fuels which comply with
the requirements of this Directive               the requirements of this Directive.
as from 1 January 2000.
                                           10
 ---pagebreak--- Common position of the Council                            Amended proposal
                                   (Amendment 23)
                                       Article 9
1.     The    Commission        shall,           1.     The    Commission       shall,
periodically and for the first time              periodically and for the first time
not later than 12 months from the                not later than 12 months from the
date of adoption of this Directive               date of adoption of this Directive
but in any event no later than 30                but in any event no later than 30
June 1999, and in the light of the               June 1999, and in the light of the
assessment      carried     out     in           assessment      carried    out     in
accordance with the requirements                 accordance with the requirements
of Article 3 of Directive 97/.../EC              of Article 3 of Directive 97/.../EC
of the European Parliament and of                of the European Parliament and of
the Council of ... relating to                   the Council of ... relating to
measures to be taken against air                 measures to be taken against air
pollution by emissions from motor                pollution by emissions from motor
vehicles and amending Council                    vehicles and amending Council
Directive 70/220/EEC1, submit to                 Directive 70/220/EEC2, submit to
the European Parliament and the                  the European Parliament and the
Council a proposal for a revision of             Council a proposal for a revision of
this Directive as an integral part of            this Directive as an integral part of
the strategy designed to produce                 the strategy designed to produce
effects to meet the requirements of              effects to meet the requirements of
the     Community       air   quality            the Community           air quality
standards and related objectives at              standards and related objectives at
least costs.                                     least costs.
                                           11
 ---pagebreak---              ,i^ s.'.!< A shall contain the        2. The proposal shall contain the
 • .. .t;;> . c*                specifications     environmental            specifications
 •• - jtii .j •;>, petrol which is                 required for petrol which is
 - ..j'-kcud from 1 January 2005,                  marketed from 1 January 2005,
 confirming or modifying and                       confirming or modifying and
 complementing              the     indicative     complementing        the      indicative
 specifications stipulated in Annex                specifications stipulated in Annex
 III.                                              III.
 3. The proposal shall also contain                3. The proposal shall also contain
 environmental specifications for                  environmental specifications foi-
 diesel fuels of a quality compatible              diesel fuels of a quality compatible
 with the effective functioning of                 with the effective functioning of
 new            pollution          abatement       new        pollution         abatement
 technologies the marketing of                     technologies the marketing of
 which will be ensured from 1                      which will be ensured from 1
 January        2005, confirming            or     January     2005, confirming          or
 modifying and complementing the                   modifying and complementing the
 indicative specifications stipulated              indicative specifications stipulated
 in Annex IV. The proposal shall                   in Annex IV. The proposal shall
also allow for a gradual increase in               also allow for a gradual increase in
the availability and a balanced                    the availability and a balanced
distribution throughout the territory              distribution throughout the territory
of the Member States of such diesel                of the Member States of such diesel
fuel and contain a date on which                   fuel and contain a date on which
only such diesel fuel can be                       only such diesel fuel can be
marketed.                                          marketed. In addition to the
                                                   provisions of paragraphs 1 and 2,
4.       The         proposal     shall,    as     the Commission may inter alia
appropriate,              also        contain      bring forward
environmental specifications for
liquid petroleum gas, natural gas                 =       proposals      taking        into
and biofuels.                                     consideration       the       particular
                                                  situation of captive fleets and the
                                                  need     to    propose      levels     of
                                                  specifications for the special fuels
                                                  they use;
                                                  ~~~ proposals setting levels of
                                                  specifications applicable to liquid
                                                  petroleum gas, natural gas and
                                                  biofuels;
                                               12
 ---pagebreak--- Common position of the Council                            Amended proposal
                                   (Amendment 24)
                                      Article 11
 1. The representative of the                     1. The Commission shall be
 Commission shall submit to the                   assisted by a committee of an
 committee referred to in Article 10              advisory nature composed of one
 a draft of the measures to be taken.             representative per Member State
The committee shall deliver its                   and chaired by the representative of
opinion on the draft within a time                the Commission.
limit which the chairman may lay
down according to the urgency of                 The      representative     of    the
the matter. The opinion shall be                 Commission shall submit to the
delivered by the majority laid down              committee a draft of the measures
in Article 148(2) of the Treaty in               to be taken. The committee shall
the case of decisions which the                  deliver its opinion on the draft
Council is required to adopt on a                within a time limit which the
proposal from the Commission. The                chairman may lay down according
votes of the representatives of the              to the urgency of the matter, if
Member        States   within     the            necessary by taking a vote.
committee shall be weighted in the
manner set out in that Article. The              The opinion shall be recorded in the
chairman shall not vote.                         minutes; in addition each Member
                                                 State shall have the right to ask to
                                                 have its position recorded in the
                                                 minutes.
                                          13
 ---pagebreak--- 2. The Commission shall adopt the       2. The Commission shall take the
measures envisaged if they are in       utmost account of the opinion
accordance with the opinion of the      delivered by the committee. It shall
committee.                              inform the committee of the manner
                                        of which its opinion has been taken
If the measures envisaged are not in    into account.
accordance with the opinion of the
committee, or if no opinion is
delivered, the Commission shall,
without delay, submit to the
Council a proposal relating to the
measures to be taken. The Council
shall act by a qualified majority.
If, on the expiry of 3 months from
the date of referral to the Council,
the Council has not acted, the
proposal measures shall be adopted
by the Commission, save where the
Council has decided against the
said measures by a simple majority.
                                     14
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(98) 241 final
                                              DOCUMENTS
EN                                                             12 10 15 14
                                    Catalogue number : CB-C0-98-256-EN-C
                                                             ISBN 92-78-35185-7
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