Amended proposal for a European Parliament and Council Directive concerning the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 06. 05. 1998 COM(1998) 241 final 96/0163 (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 concerning the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 189 a (2) of the EC Treaty OPINION OF THE COMMISSION BACKGROUND On 18 June 1996, the Commission adopted a proposal for a European Parliament and Council Directive relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC1. This proposal formed an integral part of a cost effective strategy for the control of atmospheric emissions from road transport as set out in the Communication from the Commission to the European Parliament and the Council "On a future strategy for the control of atmospheric emissions from road transport taking into account the results of the Auto Oil programme'*' which was adopted at the same time (COM (96) 248 final). The Economic and Social Committee adopted its opinion on 24 April 19972. In the framework of the co-decision procedure, the European Parliament delivered its opinion in the first reading on 10 April 19973 including a number of proposed amendments. In v i ew of these amendments, Ihe Commission submilled an amended proposal lor a European Parliament and Council Directive relating lo the quality of pelrol ami diesel fuels and amending Council Directive 93/12/EEC ( C OM (97) 271 final). The Council adopted its c o m m on position (EC 39/97) on 7 October 1997' on w h i ch the Commission delivered its opinion in a C o m m u n i c a t i on (SEC (97) 1874 final) on 16 October 1997. In second reading, the European Parliament on 18 February 1998 adopted 3d amendments to the common position. PURPOSE OF THE COMMISSION PROPOSAL The proposed directive on the quality of petrol and diesel fuels aims at controlling those parameters in the composition of petrol and diesel which influence the level o\' atmospheric emissions produced by spark ignition and diesel vehicles. Harmonised specifications for petrol and diesel fuels are therefore proposed to take effect across the Community as from I January 2000. The sale oi' leaded petrol is also to be banned as from the same dale. The proposal also foresees the possibility for Member States to mandate the use of special, high quality fuels in agglomerations or /ones where there is a particularly severe problem of air pollution affecting human health or the environment. 1 <>J(,77oNI. 3. l«W7, p. I O. I ('209 of 10. 7. 1997, p. 25 •' OJC 206 of 7. 7. 1997, p. in ? O. IC 132 of 28. 04. 1997, p. 159 4 OJC35I of 19. 1 1. 1997, p. 1 :>. OPINION OF THE COMMISSION ON THE AMENDMENTS OF THE EUROPEAN PARLIAMENT Of the 36 amendments adopted by the European Parliament in second reading (35 totally and 1 partially), the Commission can accept 3 in their entirety (nrs 11, 13, 17), 4 partially (nrs 14 (Recital 16 3rd whereas) , 23 (Article 9. 3), 24 (Article 11. 1), 24 (Article 11. 2)) and 1 in principle (nr 6 provided an additional wording). Accordingly, the Commission can not support in their entirity the amendments nrs 1, 2, 3, 4, 5, 7, 8, 9, 10, 12, 16, 18, 19, 20, 21, 22, 25, 26, 27, 29, 30, 31, 32, 33, 34, 35, 36, 37 and partially the amendments nrs 14 (Recital 16 lrst whereas), 15 (Article 3. 2), 15 (Article 3. 4), 15 (Article 3. 5), 23 (Article 9. 1), 23 (Article 9. 2), 24 (Article 11. 3). Amendments which can be accepted: • Amendments 11,13 and 17 have been accepted in their entirety On the grounds of redundancy with Article 13, amendments 11 and 17 propose the deletion of the date of application ( I January 2000) for the fuels marketed. Amendment 13 introduces the concept of common procedures for sampling and testing in the Member States' fuels monitoring systems. The Commission supports such harmonization which will its reporting increase interpretation. the efficiency of • Amendment 6 has been accepted in principle It states that changes in fuel composition immediately achieve emission reduction from positive ignition engines (gasoline fuelled) in urban areas. The Commission can support this amendment provided that the following wording is added: "provided that some specifications do not go below or exceed certain levels". Indeed, below or beyond a certain limit for certain specifications (aromatics and oxygenates), the level of emissions increases. • Parts of amendments 14 (Recital 16 3rd whereas) and 23 (Article 9. 3) have been accepted. Separate specifications for fuels used by captive fleets (buses, taxis, commercial vehicles etc. ), and in particular fuels specifications for liquid petroleum gas, natural gas and biofuels, are proposed. The Commission can support this working program as part of the current work performed under the framework of the Auto Oil II Review Process. • Amendment 24 has been accepted partially (Articles 11. 1 and 11. 2) It establishes a Committee of advisory nature and requests the Commission to take the utmost account of this Committee opinion. The Commission can agree. Amendments which cannot be accepted: • The Commission's proposal is based on the principle of cost effectiveness as required under Article 4 of Directive 94/12/EC. The Commission cannot therefore accept that the proposals should instead have been based on the principle of cost benefit. Amendments 3, 4, 5, part of 23 (Article 9. 1) are therefore not acceptable. The proposals for fuel standards to enter into force in 2000 were based upon an extensive assessment of the cost effectiveness (as requested by Directive 94/12/EC in its Article 4) of a range of measurescontributing to reduced vehicle emissions. The Commission considers that the proposal on fuel form part of a cost effective package of measures and that it is not therefore necessary to increase the severity of the fuel specifications to enter into force in 2000 in order to achieve agreed upon EU wide air quality standards by 2010. The Commission cannot therefore accept amendments 25, 26, 29. On the other hand the Commission believes that fuel standards should be introduced at the latest by 2000 in order to contribute towards reducing vehicle emissions. The Commission cannot therefore accept the possibility of a several years delay in introducing these measures: parts of amendments 15 (Article 3. 4) and 16 (Article 4. 2) are therefore unacceptable to the Commission. With regard to the proposed standard for the maximum level of oxygenates in petrol (2. 3%) included in the proposal, the Commission considers that there is evidence that to increase the maximum level may result in increased levels of pollution by toxic substances such as aldehydes. The Commission cannot therefore accept amendments 7 and 27. • The Commission considers that fuel standards for 2005 can only be finalised on the basis of further scientific and technical assessments included in the ongoing Auto Oil II Programme. In the absence of such further assessments the laying down of mandatory fuel standards for 2005 is premature. For this reason the Commission cannot accept amendments I, 10, 12. 19, 30, 31, 32, 33, 34, 35, 36, 37 and parts of amendment 14 (Recital 16 1st whereas), 15 (Article 3. 2). 16 (Article 4. 1), 23 (Article 9. 2). The Community framework for the application of fiscal incentives for the encouragement of the marketing of cleaner fuels is established under Directive 92/81/EEC. The Commission does not consider it appropriate to set up a separate fiscal framework under the present directive and accordingly cannot accept amendments 8, 9, 18. The fuels proposal is part of a balanced package of measures to reduce emissions from road vehicles to a level compatible with the attainment of satisfactory air quality standards by the year 2010. This proposal will result in a significant improvement of the average fuel quality sold in the Community. The Commission cannot therefore accept amendment 2. The Commission considers that the conditions under which Committees should be consulted and the working procedures of such Committees are horizontal issues which should not be dealt with in an ad-hoc manner in relation to specific legislative proposals. Accordingly, the Commission cannot accept amendments 20, 21, 22 and parts of amendment 15 (Article 3. 5), 16 (Article 4. 3), 24 (Article 11. 3). 4. MODIFIED PROPOSAL By adopting its opinion on the common position regarding a Directive of the European Parliament and the Council relating to the quality of petrol and diesel fuels and amending Council directive 93/12/EEC, the Commission expressed its satisfaction with the common position on the grounds that the common position remained close to the Commission's original proposal, confirmed the principles of cost effectiveness as well as the commitment to base future proposals on extensive scientific/technical assessment, and was adopted unanimously. Following the second reading by the European Parliament of the Draft Directive, the Commission herewith modifies its proposal for a Directive by including the accepted amendments (3 in their entirety, 4 partially, and 1 in principle). AMENDED PROPOSAL FOR A EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE concerning the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC Common position of the Council Amended proposal (Amendment 6) Recital 9 it as and such is necessary (9) Whereas to obtain in the short term a reduction, in urban areas, oi' in particular unburnt pollutants hydrocarbons carbon secondary pollutants monoxide, such as ozone, toxic emissions such as benzene and particle emissions; whereas the reduction of polluting vehicle emissions in urban areas can be immediately achieved on motor vehicles equipped with positive ignition engines through changes composition, fuel provided that some specifications do not go below or exceed certain levels. in it is necessary (9) Whereas to obtain in the short term a reduction, in urban areas, of in particular polluting emissions, vehicle including primary pollutants such and as unburnt secondary carbon monoxide, pollutants such as ozone, toxic emissions such as benzene and particle emissions; hydrocarbons ' OJC35I of 19. 1 I. I W7. p. I Common position of the Council Amended proposal (Amendment 11) Recital 13 the of technology (13) Whereas the need for vehicle and emission the reduction necessary availability the refinery setting of fuel specifications for the marketing as from 1 January 2000 of unleaded petrol and diesel fuels; justify environmental (13) Whereas the need for vehicle and reduction emission the necessary availability the the refinery setting of fuel specifications for the marketing of unleaded petrol and diesel fuels; justify environmental of technology Common position of the Council Amended proposal (Amendment 13) Recital 15 under required (15) Whereas, in order to ensure compliance with the fuel quality standards this Directive, Member States should introduce monitoring systems, and whereas information on fuel quality collected by Member States should the be a Commission common format; communicated according to to under required (15) Whereas, in order to ensure compliance with the fuel quality standards this Directive, Member States should introduce monitoring systems; whereas such monitoring systems should be based on common procedures for sampling and testing and whereas information on fuel quality collected by Member States to the should be communicated Commission a to common format; according Common position of the Council Amended proposal (Amendment 14) Recital 16 inter down assessment, specifications (16) Whereas, on the basis of a the comprehensive Commission is to submit a proposal alia setting environmental for petrol and diesel fuels to be applied as from 1 January 2005; whereas this proposal is to confirm modify indicative and this specifications Directive; the Commission's proposal may, as down also appropriate, environmental for specifications other types of fuel such as liquid petroleum gas, natural gas and biofucls; set down whereas complement the set in in the inter down assessment, specifications set down whereas (16) Whereas, on the basis of a the comprehensive Commission is to submit a proposal alia setting environmental for petrol and diesel fuels to be applied as from 1 January 2005; whereas this proposal is to confirm modify indicative and complement this specifications Directive; the Commission's proposal may. as down also appropriate. environmental for spécifications other types oi' fuel such as liquid petroleum gas. natural gas and biofucls; whereas captive vehicle llccts taxis, commercial vehicles, etc. ) which large are proportion of urban pollution and would separate specifications; responsible (buses, benefit from exist for set a Common position of the Council Amended proposal (Amendment 17) Article 5 No Member State may prohibit, restrict or prevent the placing on the market of fuels which comply with the requirements of this Directive as from 1 January 2000. No Member State may prohibit, restrict or prevent the placing on the market of fuels which comply with the requirements of this Directive. 10 Common position of the Council Amended proposal (Amendment 23) Article 9 out The Commission 1. shall, periodically and for the first time not later than 12 months from the date of adoption of this Directive but in any event no later than 30 June 1999, and in the light of the assessment in carried accordance with the requirements of Article 3 of Directive 97/. /EC of the European Parliament and of the Council of to measures to be taken against air pollution by emissions from motor vehicles and amending Council Directive 70/220/EEC1, submit to the European Parliament and the Council a proposal for a revision of this Directive as an integral part of the strategy designed to produce effects to meet the requirements of the Community quality standards and related objectives at least costs. relating air. out The Commission 1. shall, periodically and for the first time not later than 12 months from the date of adoption of this Directive but in any event no later than 30 June 1999, and in the light of the assessment in carried accordance with the requirements of Article 3 of Directive 97/. /EC of the European Parliament and of the Council of to measures to be taken against air pollution by emissions from motor vehicles and amending Council Directive 70/220/EEC2, submit to the European Parliament and the Council a proposal for a revision of this Directive as an integral part of the strategy designed to produce effects to meet the requirements of the Community quality standards and related objectives at least costs. relating air. 11 petrol which ,i^ s. '. !< A shall contain the specifications is •. t;;>. c* •;>, •• - jtii. j from 1 January 2005, -. j'-kcud and confirming complementing indicative specifications stipulated in Annex III. or modifying the 2. The proposal shall contain the specifications environmental for required is petrol which from 1 January 2005, marketed and confirming complementing indicative specifications stipulated in Annex III. or modifying the confirming specifications the marketing 3. The proposal shall also contain for environmental diesel fuels of a quality compatible functioning of with the effective abatement new pollution of technologies from 1 which will be ensured January or 2005, modifying and complementing the indicative specifications stipulated in Annex IV. The proposal shall also allow for a gradual increase in the availability and a balanced distribution throughout the territory of the Member States of such diesel fuel and contain a date on which only can be marketed. such diesel fuel The shall, proposal also as 4. contain appropriate, environmental for liquid petroleum gas, natural gas and biofuels. specifications pollution confirming specifications the marketing 3. The proposal shall also contain foi- environmental diesel fuels of a quality compatible with the effective functioning of abatement new of technologies from 1 which will be ensured January or 2005, modifying and complementing the indicative specifications stipulated in Annex IV. The proposal shall also allow for a gradual increase in the availability and a balanced distribution throughout the territory of the Member States of such diesel fuel and contain a date on which can be only marketed. the to provisions of paragraphs 1 and 2, inter alia the Commission may bring forward such diesel In fuel addition the taking proposals into = consideration particular situation of captive fleets and the need of propose specifications for the special fuels they use; levels to setting ~~~ proposals specifications applicable to liquid petroleum gas, natural gas and biofuels; levels of 12 Common position of the Council Amended proposal (Amendment 24) Article 11 representative of 1. The the Commission shall submit to the committee referred to in Article 10 a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member the committee shall be weighted in the manner set out in that Article. The chairman shall not vote. States within 1. The Commission shall be assisted by a committee of an advisory nature composed of one representative per Member State and chaired by the representative of the Commission. of representative The the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft the within a time chairman may lay down according to the urgency of the matter, if necessary by taking a vote. limit which The opinion shall be recorded in the minutes; in addition each Member State shall have the right to ask to have its position recorded in the minutes. 13 2. The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner of which its opinion has been taken into account. 2. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee. If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority. submit to If, on the expiry of 3 months from the date of referral to the Council, the Council has not acted, the proposal measures shall be adopted by the Commission, save where the Council has decided against the said measures by a simple majority. 14 ISSN 0254-1475 COM(98) 241 final DOCUMENTS EN 12 10 15 14 Catalogue number : CB-C0-98-256-EN-C ISBN 92-78-35185-7 Office for Official Publications of the European Communities L-2985 Luxembourg n