Opinion of the Commission pursuant to Article 189B(2)(d) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a European Parliament and Council Directive on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate polluants from internal combustion engines to be installed in non-road mobile machinery
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 09. 07. 1997 COM(97) 354 final 95/0209 (COD) OPINION OF THE COMMISSION pursuant to Article 189 b (2) (d) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 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 internal combustion engines to be installed in non-road mobile machinery AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 189 a (2) of the EC Treaty 1. Introduction The proposal [COM(95)350 final - 95/0209 (COD)]1 was submitted to the Council and to the European Parliament on 7/9/1995. The Economic and Social Committee adopted its opinion on 28 February 1996. 2 The European Parliament approved the proposal, in first reading, on 25. 10. 1995 without amendments. 3 On 25 June 1996 the Council reached a unanimous common position on the Directive. On 20. 01. 1997, pursuant to the second subparagraph of Article 189b(2) of the EC Treaty, the Council formally adopted its common position (No 15/97) on the Commission's proposal. 4 In second reading, the European Parliament on 13 May 1997 adopted 3 amendments to the common position. 2. Aim of the Proposal The aim of the proposal is to reduce air pollution from a hitherto unregulated sector of growing importance. Thus, its purpose is to achieve a high level of protection for human health and the environment while contributing to the completion of the single market by the establishment of uniform emission standards which must be met by new interna! combustion engines to be installed in non-road mobile machinery. While the environmental impact from this source was already considerable in 1990, forecasts for the year 2010 show that its share of contribution to pollution will increase dramatically in comparative terms, because of considerable reductions in pollution from road transport. The importance of this source of pollution is underlined by the fact that, even assuming that the proposal is adopted and a considerable emission reduction from new machinery engines - and from those of agricultural tractors by means of a linked proposal currently under preparation - is achieved, particulate matter emissions will be nearly as high as those stemming from all motor vehicles on the road. Nitrogen Oxides will be about two thirds of those produced by road transport. Recent investigations in European air-quality within the context of the auto-oil programme have indicated that reductions in emissions of these substances from ali sources are a top priority. The proposed Directive foresees the progressive introduction of rigorous emission standards, to be introduced in two stages by use of a tight time table. Stage 1 should take effect from September 1998, and Stage 2 should be phased in between January 2001 and December 2003. Therefore, a timely adoption is urgent, in order to achieve the utmost degree of emission reduction and in order to avoid those additional delays O. J. C 328, 07. 12. 1995, p. 1 O. J. C 153, 28. 05. 1996, p. 2 O. J. C 308, 20. 11. 1995, p. 29 O. J. C 123,21. 04. 1997, p. 1 that would be caused by essential changes of the proposal which would be needed to adapt it to a different time schedule. 3. The Commission's position on the amendments proposed by the Parliament at second reading The Commission accepts Amendment 1 (to recital 21a -new) which refers to the "modus vivendi", by introducing a relevant recital in its amended proposal. Amendments number 3 (to article 14) and 4 (to article 15) are not accepted: Amendment number 3 is not compatible with the existing rules on comitology and would imply a change of the legislation in force in relation to comitology. Amendment number 4 is related to the committee type procedure for adaptation to technical progress. In principle, the Commission is in favour of the approach proposed by the Parliament to use an advisory committee. However, in order to enable an adoption in a foreseeable timeframe the Commission has accepted a type lib committee on request of the Council. This procedure does not create fundamental problems for a smooth management and adaptation of the Directive. 4. Amended proposal Following the second reading of the draft Directive by the European Parliament, the Commission herewith modifies its proposal for a Directive by including one of the three amendments which were adopted by the European Parliament on 13 May 1997. The modification is shown in Annex I. ANNEX I AMENDED PROPOSAL FOR A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND THE COUNCIL 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 internal combustion engines to be installed in non-road mobile machinery Common position of the Council Modified proposal New Recital 21a (following amendment 1) the Council and concerning Whereas an agreement on a "modus the European vivendi" between the Parliament, the Commission for acts implementing measures adopted the procedure laid down in Article 189b of the EC Treaty was reached on 20 December 19941 in accordance with 0J C 102, 04. 04. 1996, p. 1 ISSN 0254-1475 COM(97) 354 final DOCUMENTS EN 14 06 15 Catalogue number : CB-CO-97-341-EN-C ISBN 92-78-22367-0 Office for Official Publications of the European Communities L-2985 Luxembourg 6"