L 35/28 Official Journal of the European Union 11.2.2003 DIRECTIVE 2002/88/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 9 December 2002 amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (%), Following consultation of the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), Whereas: (1) The Auto oil II programme was aimed at identifying cost effective strategies to meet the air quality objectives of the Community. The Commission Communication Review on the Auto oil II programme concluded that there is a need for further measures, especially to address the issues of ozone and particulate emissions. Recent work on the development of national emissions ceilings has shown that further measures are needed to meet the air quality objectives decided upon in the Community legislation. (2)  Stringent standards on emissions from vehicles on highways have been gradually introduced. It has already been decided that those standards should be strengthened. The relative contribution of pollutants from non-road mobile machinery will thus be more predominant in the future. (3)  Directive 97/68/EC (*) introduced emission limit values for gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery. () OJ C 180 E, 26.6.2001, p. 31. () 0] C 260, 17.9.2001, p. 1. (®) Opinion of the European Parliament of 2 October 2001 (O] C 87 E, 11.4.2002, p. 18), Council Common Position of 25 March 2002 (O] C 145 E, 18.6.2002, p. 17) and Decision of the European Parliament of 2 July 2002 (not yet published in the Official Journal). () OJ L 59, 27.2.1998, p. 1. Directive as amended by Commission Directive 2001/63/EC (O] L 227, 23.8.2001, p. 41). ) Although Directive 97/68/EC initially applied only to certain compression ignition engines, recital 5 of that Directive envisages the subsequent extension of its scope to include in particular gasoline engines. The emissions from small spark ignition engines (gasoline engines) in different types of machinery contribute  significantly to identified air quality problems, both current and future, especially ozone formation. Emissions from small spark ignition engines are subject to strict environmental standards in the USA, showing that it is possible significantly to reduce the emissions. The absence of Community legislation means it is possible to place on the market engines with old fashioned technology from an environmental point of view, thereby jeopardising the air quality objectives in the Community, or to implement national legislation in this field, with the potential to create barriers to trade. Directive 97/68/EC is closely aligned with the corresponding US legislation, and continuing alignment will have benefits for industry, as well as for the environment. A certain lead time is necessary for the European industry, especially for those manufacturers that are not yet operating on a global basis, to be able to meet the emission standards. A two-step approach is used in Directive 97/68EC for compression ignition engines as well as in the US regulations on spark ignition engines. Although it might have been possible to adopt a one-step approach in the Community legislation, this would have left the field unregulated for another four to five years. To achieve the necessary flexibility for worldwide alignment, a possible derogation, to be made under the comitology procedure, is included.