CELEX: 51974PC0158
Language: en
Date: 1974-02-11
Title: PROPOSAL FOR A COUNCIL DIRECTIVE on the approximation of the laws of the Member States relating to the sulphur content of certain liquid fuels (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 158
Vol. 1974/0023
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(74) 158 final
                                                         Brussels , 11 February 197
                               PROPOSAL FOR A
                             COUNCIL  DIRECTIVE
         on the approximation of the laws of the Member States
        relating to the sulphur content of certain liquid fuels
               ( submitted to the Council by the Commission)
     C0M(74) 158 final
 ---pagebreak---                           EXPLANATORY MMJRAEDUM
 ŒDNERAL
 In the light of the comparative study on the laws , regulations
 and administrative provisions either in force or "being drafted
 in the Member States with regard to the maximum permissible
 sulphur content of liquid fuels , it has emerged that differences
 exist not only in respect of tho provisions on the limitation
 of the maximum sulphur content "but also in the actual structure
 of the laws and the solutions adopted to reduce noxious emissions
 due to the various categories of fuel .   In view of this situation
the oil industry is being compelled to adjust its production in
 order to comply with the different provisions in force in the
various countries which it supplies .
Accordingly, the approximation of these laws would appear to be
the most appropriate way of eliminating the negative Effects of
the disparities which have been found to exist among these
provisions .
For this reason "petroleum oils used for heating or for the
propulsion of motor vehicles" have been incorporated in the
addition of 21 fey 1973 to the General Programme of 28 fey 19S9 >
with a view to eliminating technical barriers to trade in
industrial products caused by disparities between the laws ,
regulations and administrative provisions applicable in the
Member States . .
The approximation of laws in this sector should also be seen in
the context of the measures adopted in the Community Programme for
the Environment of 20 July 1973 .  Under the : provisions of the present
proposal for a Directive the apprordmrvt ion of laws would lead to
a considerable reduction in atmospheric pollution by sulphur
dioxido and would thus make a direct contribution to the improvement
of the environment .
The aim of this Directive is to eliminate differences through the
approximation of laws on the basis of Article 100 of the Treaty
of Some .
A number of Member States havo recently introduced or augmented
national measures in this area .
 ---pagebreak---  On 2 May 1973 the Netherlands Government forwarded to the Commission
 a draft decree dealing mainly with the fixing and gradual reduotion of
 the sulphur content of fuels .
 On 18 June 1973 the French Government informed the Commission of
 proposed measures for the gradual reduction of the sulphur content
 of gas oils .
 On 5 July 1973 the Italian Government forwarded to the Commission a
 draft decree amending Law No . 615 of 13 July 1966 on measures to combat
atmospheric pollution. . The main aim of the provisions in question is to
determine the areas to "bo designated as protected zones and to ensure
the gradual reduction of the sulphur content in gas oils .
The Government of the Federal Republic of Germany informed the Commission
"by letter of 18 Ootober 1973 of draft legislation introducing a progressive
limitation on the sulphur content of light fuels and dies'el motor fuels .
II . HARMONIZATION SOLUTION
The provisions of this proposal for a Directive have been drafted,
with a view to total harmonization , whereby the Community provisions
will replace the relevant national laws currently in force .
III . COMMENTS ON THE PROPOSED DIRECTIVE
The aim of this proposed Directive is to lay down Community requirements
for the limitation of the sulphur oontent of gas oils and will be
followed shortly by another proposal , the main object of which will be
to limit the sulphur content of heavy fuel oils .   The last mentioned
proposal will be put forward as soon as the additional research ,
currently being undertaken, has been completed .
As far as the first measure is concerned , this will have the effect
of ensuring a marked reduction in atmospheric pollution caused by
sulphur compounds resulting from gas oil combustion.
 ---pagebreak--- Having regard to the sulphur content of gas oils , only two grades of
such oil will he permitted on the Community domestic market as from
1 October 1976 .
With a view to ensuring, over the years to come and in spite of a sharp
and continuing increase in consumption , the attainment of the objectives
(reduction in the existing level of pollution , or in certain areas ,
maintenance of existing levels where these are deemed acceptable ),
successive reductions in sulphur content are envisaged for the two
grades of gas oil .
As from 1 October 1976 the maximum basic type sulphur content will be
restricted to O.j/o and will subsequently be reduced to 0.3$, commencing
1 October 1980 .
As from 1 October 1976 the maximum content for sulphur of the second, type
(type B ) will be limited to 0.8$ and this figure , in turn , will be reduced
to 0.5% as from 1 October I98O .                        '
Thus , on and after this last mentioned date , there will be two grades of
gas oil on the market with a maximum sulphur content of 0.3$ and 0,5$
respectively .
In the Commission 's view it seemed advisable in the present situation to
leave to the Member States the task of defining the low atmospheric
pollution regions and also any regiQh where th& contribution made by gas
oils to atmospheric pollution was low (in these regions it will be possible
to use type B gas oil ).
This possibility offers a certain flexibility, particularly in the Member
States which have industrial regions where competitive conditions are not
favourable , but where the question of air pollution is not a pre-eminent
consideration .
The Commission believes that the obligation of Member. States to notify it
of the criteria which they have established for determining these regions ,
constitutes a serious curb to the excessive use of this type of gas oil .
 ---pagebreak--- Nevertheless , the Commission will re-examine the appropriate provisions
of Articles 2 and 5 in the light of progress accomplished in defining
criteria for the harmful properties of pollutants and targets for air
quality . It will also consider new data for the levels of sulphur dioxide
and , if necessary , put forward appropriate proposals for Articles 2 and 5
before 1 October I98O ,
This means that the Commission will "be able to verify if . the choice of
criteria, and of their application , insures a protection of the environ­
ment in these regions compatible with the Commission 's programme on the
subject .
In addition , so as not to impede the national programmes aimed at reducing
atmospheric pollution caused by sulphur compounds , Member States will be
                                                         1
able to bring forward the proposed dates for the reduction     of the maximum
sulphur content of gas oils and for the introduction of this Directive .
The proposed dates take account of the conditions prevailing in the gas oil
market and the interval cf time required for the installati»n of the
desulphurisation plant and equipment .                             ■   ■■
Furthermore , the Directive stipulates that random checks be carried out
to ensure that the gas oils comply with the requirements laid down in the
Directive . A standard method of analysis should be adopted for the deter­
mination of the sulphur content .
toe production of gas oils conforming to the proposed restrictions ,
particularly to those foreseen for I98O1 will henceforthe necessitate a
very large quantity of crude oil being treated in the de-sulferising plants ,
which will call fsr supplementary investment to increase the capacity of
these plants . To absorb this and the resultant higher production costs
will call for an increase in the price of gas oil . The Commission has made
studies , and consulted the experts of the Member States on the different
aspects of the problem , particularly on the economio aspects of an eventual
reduction of atmospheric emissions «f sulphur resulting from the burning
of oil products . This work has been the subject of a report . It is difficult
to establish, in the present state of the oil sector, precise estimates of
 ---pagebreak--- the increase in costs , "but the percentage is likely to "be less than 5%»
if the trend towards considerably higher crude oil prices continues up to
the date of application of the proposed measures .
The increase in the amount of crude oil to "be treated similarly leads to
a greater consumption of energy "by the de-sulferising plants , thereby
increasing their need for crude oil . In this regard also , little data is
available , but the estimates are indicative of a value less than 0.5$ .
The Commission is , however , of the opinion that the forecast increases ,
both of the price of gas oil and of the use of crude oil , are largely
justified by the basic aims of the proposed directive .
In view of the urgent need for the approximation of the laws , and taking
into account the technical requirements which will have to be set at short
notice in order to reduce the sulphur content in gas oils , the final
deadline within which the Directive must be incorporated in the national
laws of the Member States has been fixed at six months from the date of
its notification ,
IV . CONSULTATION WITH THE EUROPEAN PARLIAMENT AND THE ECONOMIC AND SOCIAL
     COMMITTEE
In accordance with the provisions of Article 100 (2 ) of the EEC Treaty ,
the opinion of each of these bodies is required , since the implementation
of the proposed terms . of the Directive will inevitably entail amendments
to the legal provisions of all of the Member States .
 ---pagebreak---                       PROPOSAL FOR A COUNCIL DIR3CTIY3
                on the approximation of the laws of the Member
                States relating to the sulphur content of certain
                               liquid fuels
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Comnunity,
and in particular Article 100 thereof ;
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament ;
Having regard to the Opinion of the Economic and Social Committee ;
Whereas the laws , regulations or administrative provisions either in
force in the Member States lay down limits with respect to the sulphur
content of liquid fuels ;  whereas these requirements differ from one
Member State to another ;
Whereas these legal differences compel the Community oil companies to
adapt their production with regard to sulphur content , depending on
which Member State is being supplied ;  whereas the aforementioned
differences thus constitute a "barrier to trade in these products and so
have a direct influence on the establishment and functioning of the
common market ;
Whereas certain Member States have notified the Commission of proposals
dealing mainly with the fixing and gradual reduction of the sulphur
content of fuels as a means of reducing sulphur dioxide emissions ;
Whereas by reason of the considerable influence of the sulphur content
of certain liquid fuels upon public health and the environment and
in conjunction with the aforementioned proposals it will be necessary
at Community level to reduce progressively and appreciably the sulphur
content of gas oils ;
 ---pagebreak--- Whereas the reduction and limitation of the sulphur content of heavy-
 fuel oils require in fact further research aimed at finding a
 satisfactory solution , not only with regard to environmental protection
"but also as regards the supply of crude oil and other energy ■-
requirements to the Member States ;   whereas the Community provisions
to "be laid down in this area will form the subject of specific
directives ; whereas this Directive is intended as a first step
towards the reduction of the sulphur content of liquid fuels and
applies only to gas oils ;
Whereas , in order to take account of the technical and economic
consequences resulting from the reduction and limitation of the sulphur
content of gas oils and also the local circumstances prevailing in the
Member States , it will he necessary as from 1 October 1976 "to define
two types of gas oil ;   one type for general use and the other for
restricted use in regions to be determined by the Member States ;
Whereas random checks should be carried out to determine the sulphur
content of gas oils placed on the market ; whereas a uniform method
should be adopted for the determination of the sulphur content ;
HIS ADOPTED THIS DIRECTIVE
 ---pagebreak---                             Proposal for a Council Directive
                       on the sulphur content of certain liquid fuels
                                     Article 1
For the purpose of this Directive .
1 . " GASOIL"
      means any oil product which , "by virtue of its distillation
      limits , falls into the category of medium distillates intended
      for use as fuels and which has the additional property wherehy
      at least 85$ of its mass will distil at a temperature of 350°C
2 . " TYP5 A GA5 OIL "
     means any gas oil with a low sulphur content which is not
      subject to restrictions within the Member States as regards
      it s use ;   -
3 . "TYPE'B GAo OTL"
     means any gas oil intended for use in regions and zones :
     –    where the recorded levels of' sulphur dioxide atmospheric
          pollution are sufficiently low ,
     -    where the part played by gas oil in sulphur dioxide
          at EO spheric pollution is not significant .
 ---pagebreak---                                   Article 2         ' .
The Member States shall take all reasonable steps to ensure that :
- t.ype A gas oils shall be made available for sale in the Community only
  if their sulphur compound content , calculated as sulphur, does not
  exceed 0.5$ in weight as from 1 October 1976 and 0.3$ in weight as
  from 1 October 1980$
- type B gas oils shall be made available for sale in the Community only
  if their sulphur compound content , calculated as sulphur, does not
  exceed 0.8$ in weight as from 1 October 1976 and 0.5$ in weight as from
  1 October 1980 .
The Member States may bring into effect the provisions of Article. 2
earlier than "therein provided .
                                             /
                                  Article A
As from the dates of application laid down in Article 2 , in conjunction
with the provisions of Article 3 » the Member States may not , on the grounds
of sulphur content , prohibit , restrict or impede the marketing of gas oils ,
provided that the latter comply with the requirements of this Directive .
The Member States shall determine those regions and zones in which the use
of type B gas oil is to be permitted and shall inform the Commission of
their decisions as well as the criteria employed in selection .
 ---pagebreak---                                    Article 6
                                     effects of the
The Commission is supervising the/application of the present Directive ,
particularly of Articles 2 and 5t and depending on the new information ,
becoming available concerning the unified measures of atmospheric pollution
due to sulphur dioxide , also of the progress accomplished in determining
the objectives of pure air in the Community, drawing up the appropriate
proposals and points arising therefrom, not later th?,n 1 October 1930 ,
                                   Article 7
The Member States shall take the necessary measures to ensure that random
checks and inspections are carried out on the sulphur content of gas oils
placed On the market in accordance with the analysis method laid down in
European Standard (CEff) Ho . 316 of
                                   Article 8
1 . Member States shall put into force the laws , regulations and administrative
    provisions needed in order to comply with this Directive within six months
    of its notification and shall forthwith inform the Commission thereof .
2 . Member States shall ensure that the text of the provisions of national
    law which they adopt in the field covered by this Directive are communi­
    cated to the Commission .
This Directive is addressed to the Member States