Council Directive 75/716/EEC of 24 November 1975 on the approximation of the laws of the Member States relating to the sulphur content of certain liquid fuels

COUNCIL DIRECTIVE  of 24 November 1975  on the approximation of the laws of the Member States relating to the sulphur content of certain liquid fuels  (75/716/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament (1);
Having regard to the Opinion of the Economic and Social Committee (2);
Whereas the laws, regulations or administrative provisions in force in the Member States lay down limits with respect to the sulphur content of liquid fuels ; whereas these provisions differ from one Member State to another;
Whereas the differences in these laws oblige Community oil companies to adjust the maximum sulphur content of these products, depending on which Member State is being supplied ; whereas the aforementioned differences thus constitute a barrier to trade in these products, thereby directly influencing the establishment and functioning of the common market;
Whereas certain Member States have notified the Commission of projects to limit and progressively reduce the sulphur content of fuels so as to achieve a reduction in sulphur dioxide emissions;
Whereas, in view of the considerable effect of the sulphur content of some liquid fuels on public health and the environment and with account being taken of the aforementioned projects, the sulphur content of gas oils must be progressively and significantly reduced at Community level;
Whereas this Directive is a first step towards reducing the sulphur content of liquid fuels and applies to gas oils only;
Whereas, to take account of the technical and economic consequences of reducing and limiting the sulphur content of gas oils and the local circumstances prevailing in the Member States, it will be necessary to define as from 1 October 1976 two types of gas oil, one for general use and the other for use restricted to zones which may be defined by the Member States;
Whereas a simplified procedure should be set up for revising the sulphur content for the two types of gas oil laid down as from 1980 in order to take account of any appreciable developments over the next few years in environmental requirements or desulphurization technology, or of substantial changes in the economic situation in the Community as regards the supply of crude oil ; whereas, however, such revision could take place only before 1 October 1977 as the industry must know several years in advance the sulphur content which shall apply in order to draw up its programmes for desulphurization plant;  (1)OJ No C 76, 3.7.1974, p. 46. (2)OJ No C 16, 23.1.1975, p. 6.
Whereas a sudden change in crude oil supplies leading to an increase in its average sulphur content may, in view of the available desulphurization capacity, jeopardize supplies to consumers in a Member State ; whereas it would therefore seem advisable to authorize that Member State to derogate under certain conditions from the sulphur content limits laid down in respect of its own market;
Whereas the second stage of the programme for reducing the sulphur content of gas oil raises particular technical and economic problems for Ireland ; whereas an exemption for Ireland of limited validity ought not to have a depressing effect on trade in gas oil, since at the present time the refinery installations in Ireland do not cover more than part of its internal needs for gas oil and any exports by Ireland to another Member State in the future must comply with the provisions of the Directive applicable in that Member State ; whereas a five-year exemption should be granted to Ireland before it passes on to the second stage;
Whereas checks should be carried out to ascertain the sulphur content of gas oils placed on the market ; whereas a uniform method should be adopted for the purpose,