16.2.2000 Official Journal of the European Communities L 44[1 | (Acts whose publication is obligatory) DIRECTIVE 1999/96/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 December 1999 on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Council Directive 88/77[EEC 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 proposals from the Commission (%), Having regard to the opinion of the Economic and Social Committee (2), Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), (1) Whereas measures should be adopted within the framework of the internal market; (2)  Whereas the first programme of action of the European Community on protection of the environment (%), approved by the Council on 22 November 1973, called for account to be taken of the latest scientific advances in combating atmospheric pollution caused by gases emitted from motor vehicles and for Directives adopted previously to be amended accordingly; whereas the fifth programme of action, which in its general approach was approved by the Council in its Resolution of 1 February 1993 (%), provides for additional efforts to be made for a considerable reduction in the present level of emissions of pollutants from motor vehicles; () 0] C173,8.6.1998, p. 1 and 0] C43,17.2.1999, p. 25. () O] C 407, 28.12.1998, p. 27. (®) Opinion of the European Parliament of 21 October 1998 (O] C 341, 9.11.1998, p. 74), Council Common Position of 22 April 1999 (O] C 296, 15.10.1999, p. 1) and Decision of the European Parliament of 16 November 1999 (not yet published in the Official Journal). (% 0] C 112, 20.12.1973, p. 1. () 0] C 138, 17.5.1993, p. 1. (3)  Whereas it is recognised that the development of transport in the Community has entailed significant constraints for the environment; whereas a number of official estimates of the increase in traffic density have proved to be lower than the actual figures; whereas for that reason stringent emission standards should be laid down for all motor vehicles; (4 Whereas Directive 88/77/EEC(°) laid down the limit values for the emissions of carbon monoxide, unburnt hydrocarbons and nitrogen oxides from diesel engines for use in motor vehicles on the basis of a test procedure for European driving conditions for the vehicles concerned; whereas this Directive was first amended by Directive 91/542/EEC (") in two stages, the first stage (1992/1993) coinciding with the implementation dates of the new European emission standards for passenger cars; whereas the second stage (1995/1996) established a longer-term orientation for the European motor industry by fixing limit values based on the expected performance of technologies still under development, whilst granting to industry a lead time to perfect such technologies; whereas Directive 96/ 1/EC (%) required that for small diesel engines with a cylinder swept volume lower than 0,7 dm’ and a rated power speed higher than 3 000 min™, the limit value for particulate emissions set in Directive 91/542/EEC be introduced instead from 1999; whereas, however, it is reasonable on a technical basis to maintain a differential on particulate emissions for small high speed diesel engines that have a cylinder swept volume lower than 0,75 dm’® and a rated power speed higher than 3 000 min~! but to end this differential in 2005; (5)  Whereas, under Article 5(3) of Directive 91/542/EEC, the Commission was to report to the Council before the (®) OJ L 36,9.2.1988, p. 33. () OJ L 295,25.10.1991, p. 1. (%) OJ L 40, 17.2.1996, p. 1.