CELEX: 51993PC0626
Language: en
Date: 1993-12-01
Title: Amended proposal for a Directive of the European Parliament and the Council amending Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehicles

COMVIISSION OF THE EUROPEAN                                       COMMUNITIES
                                                                     COM(93)626     final - COD 448
                                                                     Brussels,    1 December 1993
                                              Amended proposal for a
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                               Directive of the European Parliament and the Council
                                          amending Directive 70/220/EEC
                              on the approximation of the laws of the Member States
                                      relating to measures to be taken against
                                  air pollution by emissions from motor vehicles.
                   (presented by the Commission pursuant to Article 189A(2) of the EC-Treaty)
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                                     Explanatory Memorandum
On 23 December 1992, the Commission sent to the Council a proposal for a directive amending
Directive 70/220/EEC on the approximation of the laws of the Member States relating to
measures to be taken against air pollution by emissions from motor vehicles (COM(92) 572 of 23
December 1992).
On 27 October 1993, the European Parliament approved the proposal in the first reading, subject
to 23 amendments. The Commission has accepted 3 of the proposed amendments with drafting
changes.
The first of these amendments clarifies the motivation of the present directive in referring to the
increase of the environmental burden caused by road transport in the Community.
The second amendment draws attention to the important research programme on emissions, fuels
and engine technologies which has been agreed between the Commission and the automobile and
petroleum industries ( the "Auto-Oil" programme) in view of the measures to be proposed for the
 next stage to reduce car emissions (stage 2000) caused by automobile traffic.
 The third amendment refers to the need to control the emissions of carbon dioxide (CO2) from
 automobiles.
The Commission therefore proposes to insert three new recitals in the legal part of the directive.
The Commission is unable to accept the other amendments since they would, in essence, alter the
 concept of the proposal in a major way by setting mandatory limit values for two future stages
 (1996 and 1999) and not just one as proposed by the Commission (1996). In addition, the
 presently available technical and industrial data do not support the European Parliament's view
 that more stringent standards than those proposed by the Commission are feasible for 1996.
 The European Parliament's amendments would also allow for tax incentives to be given beyond
  1996, a proposal which the Commission cannot accept since it would give rise de facto to a
 proliferation of standards in the market with consequential negative effects on the unity of the
 internal market.
 While the Commission maintains its view that tax incentives covered in Article 3 of its proposal
 should be permitted only to incentivise the next stage of limit values, it would like to clarify one
 element of its proposals which may facilitate a compromise in the Council and which responds to
 the European Parliament's desire to encourage through greater fiscal incentivisation the early
 introduction of clean cars.
 ---pagebreak--- Within the framework of road circulation taxes (annual road taxes), the Commission
confirms the position stated in the Council-Commission Declaration in the Minutes of the
Environment Council of 20/21 December 1990 that the provisions of Article 3 shall not
prevent tax systems from including emissions of pollutants and other substances in the
basis for calculating motor vehicle circulation taxes. In particular the Commission
emphasises that progressive circulation tax schemes which are based on the precise
emissions performance of each vehicle rather than a set of norms drawn from a third
country could satisfy the requirement laid down under point C(iii) of its own Declaration at
the same Council, namely, that such schemes should not undermine and render
inoperational emissions standards adopted by the Community.
The Commission wishes to emphasise, however, as it did in its Council Declaration of
December 1990 , the necessity to examine such circulation tax measures in the light of
Community law notably with respect to the Internal Market, and the risk that such tax
measures might distort competition and constitute discriminatory taxation. Tax incentive
measures in the field of circulation taxes should therefore continue to be notified in
advaoce to te Commission under Article 3 of te draft directive.
The Commission emphasises also that purchase tax incentives must be integrally governed
by te provisions of Article 3 of the Commission's draft directive and the relevant
 provisions of Community law; in particular these incentives shall not be permitted to be
 given other than to incentivise the new 1996 limit values and shall cease to be applied at
 the end of 1996.
 ---pagebreak---                                          Amended proposal for a
                        Directive of the European Parliament and the Council
                                    amending Directive 70/220/EEC
                       on the approximation of the laws of the Member States
                                relating to measures to be taken against
                           air pollution by emissions from motor vehicles.
       After the third recital, the following two new recitals are added :
       - Whereas it is agreed that future traffic trends in the Community will imply an increasing
burden on the environment and whereas official forecasts of the increase in traffic density have
hitherto fallen considerably below the actual figures; whereas for this reason, stringent exhaust
emission standards need to be imposed for all motor vehicles;
       - Whereas the Commission has initiated a European Programme on Emissions, Fuels and
Engine Technologies (EPEFE); whereas that programme has been established to ensure that
proposals for future directives on pollutant emissions seek the most favourable solutions, in terms
of overall cost/benefit assessments, for both the consumer and the economy; whereas this
programme is addressing the contributions which can be made both by the vehicle and by the fuel
by which it is powered;
       After the sixth recital, the following new recital is added :
       - Whereas, in view of the serious pollution caused by vehicle emissions and their
contribution to the gases responsible for the greenhouse effect, there is a need to reduce
emissions, particularly of C02,in accordance with the commitment laid down in the Framework
Convention on Climate Change signed in Rio in June 1992 ; whereas CO2 is an inherent
consequence of burning carbon fuels; whereas reduction in permitted emissions of CO must, ipso
facto, increase emissions of C0 2 ; whereas C 0 2 emissions can mainly be reduced by burning less
fuel; whereas this requires advances in both engine and car design and fuel quality.
 ---pagebreak---                                                   b
                                                                       ÉSN Q254-147S
                                                                COM(93) 626 final
                                                       DOCUMENTS
EN                                                                          06 14
                                 Catalogue Cumber : CB-CO-93-6&-EN-C
                                                               ISBN 92-77-62004-8
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