CELEX: 51997PC0354
Language: en
Date: 1997-07-09
Title: Amended proposal for a European Parliament and Council Directive on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate polluants from internal combustion engines to be installed in non-road mobile machinery

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   Brussels, 09.07.1997
                                                   COM(97) 354 final
                                                   95/0209 (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
          on the approximation of the laws of the Member States
         relating to the measures to be taken against the emission
of gaseous and particulate pollutants from internal combustion engines to be
                     installed in non-road mobile machinery
           AMENDING THE PROPOSAL OF THE COMMISSION
                  pursuant to Article 189 a (2) of the EC Treaty
 ---pagebreak---  ---pagebreak---  1.      Introduction
         The proposal [COM(95)350 final - 95/0209 (COD)]1 was submitted to the Council
         and to the European Parliament on 7/9/1995.
         The Economic and Social Committee adopted its opinion on 28 February 1996.2
         The European Parliament approved the proposal, in first reading, on 25.10.1995
         without amendments.3
         On 25 June 1996 the Council reached a unanimous common position on the
         Directive. On 20.01.1997, pursuant to the second subparagraph of Article
         189b(2) of the EC Treaty, the Council formally adopted its common position (No
         15/97) on the Commission's proposal.4
         In second reading, the European Parliament on 13 May 1997 adopted 3
         amendments to the common position.
 2.      Aim of the Proposal
The aim of the proposal is to reduce air pollution from a hitherto unregulated sector of
growing importance. Thus, its purpose is to achieve a high level of protection for human
health and the environment while contributing to the completion of the single market by
the establishment of uniform emission standards which must be met by new interna!
combustion engines to be installed in non-road mobile machinery.
While the environmental impact from this source was already considerable in 1990,
forecasts for the year 2010 show that its share of contribution to pollution will
increase dramatically in comparative terms, because of considerable reductions in
pollution from road transport. The importance of this source of pollution is
underlined by the fact that, even assuming that the proposal is adopted and a
considerable emission reduction from new machinery engines - and from those of
agricultural tractors by means of a linked proposal currently under preparation - is
achieved, particulate matter emissions will be nearly as high as those stemming
from all motor vehicles on the road. Nitrogen Oxides will be about two thirds of those
produced by road transport. Recent investigations in European air-quality within the
context of the auto-oil programme have indicated that reductions in emissions of these
substances from ali sources are a top priority.
The proposed Directive foresees the progressive introduction of rigorous emission
standards, to be introduced in two stages by use of a tight time table. Stage 1 should
take effect from September 1998, and Stage 2 should be phased in between January
2001 and December 2003. Therefore, a timely adoption is urgent, in order to achieve
the utmost degree of emission reduction and in order to avoid those additional delays
    O.J. C 328, 07.12.1995, p. 1
    O.J. C 153, 28.05.1996, p. 2
    O.J. C 308, 20.11.1995, p. 29
    O.J. C 123,21.04.1997, p. 1
 ---pagebreak--- that would be caused by essential changes of the proposal which would be needed to
adapt it to a different time schedule.
3.      The Commission's position on the amendments proposed by the
        Parliament at second reading
The Commission accepts Amendment 1 (to recital 21a -new) which refers to the
"modus vivendi", by introducing a relevant recital in its amended proposal.
Amendments number 3 (to article 14) and 4 (to article 15) are not accepted:
Amendment number 3 is not compatible with the existing rules on comitology and
would imply a change of the legislation in force in relation to comitology.
Amendment number 4 is related to the committee type procedure for adaptation to
 technical progress. In principle, the Commission is in favour of the approach proposed
 by the Parliament to use an advisory committee. However, in order to enable an
 adoption in a foreseeable timeframe the Commission has accepted a type lib committee
 on request of the Council. This procedure does not create fundamental problems for a
 smooth management and adaptation of the Directive.
 4.     Amended proposal
 Following the second reading of the draft Directive by the European Parliament, the
 Commission herewith modifies its proposal for a Directive by including one of the three
 amendments which were adopted by the European Parliament on 13 May 1997. The
 modification is shown in Annex I.
 ---pagebreak---                                     ANNEX I
                        AMENDED PROPOSAL FOR
 A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND THE COUNCIL
         on the approximation of the laws of the Member States
        relating to the measures to be taken against the emission
of gaseous and particulate pollutants from internal combustion engines to
                 be installed in non-road mobile machinery
   Common position of the Council                      Modified proposal
                                 New Recital 21a
                            (following amendment 1)
                                           Whereas an agreement on a "modus
                                           vivendi" between the            European
                                           Parliament, the Council and the
                                           Commission            concerning     the
                                           implementing measures for acts
                                           adopted in accordance with the
                                           procedure laid down in Article 189b of
                                           the EC Treaty was reached on 20
                                           December 19941
                                              0 J C 102, 04.04.1996, p.1
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(97) 354 final
                                              DOCUMENTS
EN                                                                14 06 15
                                    Catalogue number : CB-CO-97-341-EN-C
                                                             ISBN 92-78-22367-0
Office for Official Publications of the European Communities
L-2985 Luxembourg
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