17. 2. 96 Official Journal of the European Communities No L 40/1 (Acts whose publication is obligatory) DIRECTIVE 96/1/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 January 1996 amending Directive 88/77/EEC on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from diesel engines for use in vehicles THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the Economic and Social Committee (), ) Acting in accordance with the procedure laid down in Article 189b of the Treaty (*), Whereas measures should be adopted within the framework of the internal market; 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 and by the Representatives of the Governments of the Member States, meeting within the Member States, in the resolution of 1 February 1993 {°), provides for additional efforts to be made to effect a considerable reduction in the present level of pollutants emitted from motor vehicles; (') O} No C 389, 31. 12. 1994, p. 22 and OJ No C 309, 21. 11. 1995, p. 9. (?) O} No C 201, 26. 7. 1993, p. 9. (*) Opinion of the European Parliament of 20 September 1995 (O] No C 269, 16. 10. 1995, p. 88), Council common position of 7 November 1995 (O] No C 320, 30. 11. 1995, p- 21) and Decision of the European Parliament of 13 December 1995 (O) No C 17, 21. 1. 1996). Council Decision of 22 December 1995. (*) OJ No C 112, 20. 12. 1973, p. 1. () OJ No C 138, 17. 5. 1993, p. 1. Whereas the objective of reducing the level of pollutant emissions from motor vehicles and the smooth functioning of the internal market for vehicles cannot be sufficiently achieved by individual Member States and can therefore be better achieved by the approximation of the laws of the Member States relating to measures to be taken against air pollution by motor vehicles; Whereas it is recognized 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; 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 representative for European driving conditions for the vehicles concerned; whereas Directive 91/542/EEC provides for two stages, the first stage (1992/93) coinciding with the implementation dates of the new European emission standards for passenger cars; whereas the second stage (1995/96) established a longer-term guideline for the European motor industry by fixing limit values based on the expected performance of technologies still under development, whilst granting industry a lead time for perfecting such technologies; Whereas under Article 5 (2) of Directive 91/542/EEC the Commission is to report to the Council before the end of 1993 on progress made regarding the availability of technologies for controlling air-polluting emissions from diesel engines, particularly those of 85 kW or less; whereas this report should cover also new statistical methods to monitor production conformity; whereas in the light of the conclusions of this report the Commission is invited, if necessary, to submit a proposal to the (®) O] No L 36, 9. 2. 1988, p. 33. Directive as last amended by Directive 91/542/EEC (O] No L 295, 25. 10. 1991, p. 1).