THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community and
in particular Article 100 thereof,
Having regard to the proposal from the
Commission1,
In cooperation with the European
Parliament2,
Having regard to the opinion of the Economic and Social
Committee3,
Whereas in order to improve air quality with regard to sulphur dioxide and
other emissions, the Community has to take measures to reduce progressively the
sulphur content of gas oil used for self-propelling vehicles, including aircraft and
vessels, and for heating, industrial and marine purposes;
Whereas, under Article 2 (1) and Article 5 (1) of Directive
75/716/EEC4, the provisions
in force in the Member States lay down two limits with respect to the sulphur
content of liquid fuels; whereas these provisions differ from one Member State to
another;
Whereas these differences oblige Community oil companies to adjust the
maximum sulphur content of their products, depending on which Member State is being
supplied; whereas such differences thus constitute a barrier to trade in these
products, thereby directly affecting the establishment and functioning of the single
market;
Whereas, in addition, Article 6 of Directive 75/716/EEC provides that in the
light of any new information available the Commission is to submit a report to the
Council accompanied by an appropriate proposal with a view to the establishment of a
single value;
Whereas successive action programmes of the European Communities on the
environment5 stress the
importance of preventing and reducing air pollution;
Whereas fuel quality plays an important role in reducing air pollution by
vehicle eshaust emissions;
Whereas, in addition, by virtue of Decision
81/462/EEC6 the Community is
a contracting party to the Convention on long-range transboundary air pollution,
which provides in particular for the development of strategies and policies to limit
and, as far as possible, gradually reduce and prevent air pollution;
Whereas reducing the sulphur content of certain liquid fuels serves to
further one of the Community's objectives, which is to preserve, protect and improve
the quality of the environment and to contribute towards protecting human health, by
rectifying environmental damage at source;
Whereas, in accordance with Directive 75/716/EEC, several Member States have
already fixed a value of 0,2 % by weight;
Whereas Member States must take steps to ensure that diesel fuels of a
maximum sulphur content of 0,05 % by weight are gradually made available;
Whereas, in order to attain the particulate emission levels set in specific
Community Directives, the sulphur content of diesel fuels placed on the market
within the Community may not exceed 0,2 % by weight as from 1 October 1994 and 0,05
% by weight as from 1 October 1996; whereas the Member States must take appropriate
measures to achieve that objective;
Whereas the increasing use of gas oil for motor vehicles implies further
efforts with regard to the quality of diesel fuel, in order to limit the adverse
effects of such use on air quality; whereas setting a maximum sulphur content of
0,05 % by weight to apply from 1 October 1996 for diesel fuel allows the industries
concerned sufficient time to make the technical adjustments required;
Whereas the other uses of gas oils and medium oils require an effort to be
made to reduce air pollution, wherein account should be taken of their contribution
having regard to air quality improvement and environmental costs and benefits;
whereas the Commission should submit to the Council, which will take a decision
thereon by 31 July 1994 at the latest, a proposal introducing, by 1 October 1999 at
the latest, a lower limit for the sulphur content and setting new limit values for
aviation kerosenes;
Whereas a sudden change in crude oil supplies leading to an increase in
average sulphur content may, in view of available desulphurization capacity,
jeopardize supplies to consumers in a Member State; whereas it would therefore seem
advisable to authorize that Member State to derogate under certain conditions from
the sulphur content limits laid down in respect of its own market;
Whereas the introduction of a low sulphur content level in marine gas oils
for sea-going ships raises specific technical and economic problems for Greece;
whereas a derogation of limited duration in favour of Greece should not depress
trade in marine gas oils since Greek refinery installations currently cover no more
than domestic demand for gas oils and medium oils; whereas exports for final
combustion from Greece to another Member State must comply with the provisions of
the Directive applicable in that Member State; whereas Greece could be granted a
five-year derogation before introducing marine gas oils with the required sulphur
content; whereas this period will end on 30 September 1999;
Whereas spot checks should be carried out to ascertain the sulphur content of
gas oils and medium oils placed on the market; whereas for this purpose provision
should be made for a uniform method based on the best available technology,
1 OJ No C 174, 5. 7. 1991, p. 18 and OJ No C 120, 12. 5. 1992, p. 12.
2 OJ No C 94, 13. 4. 1992, p. 209 and OJ No C 337, 21. 12. 1992.
3 OJ No C 14, 20. 1. 1992, p. 17. 4 OJ No L 307, 27. 11. 1975, p. 22. Directive as amended by Directive
87/219/EEC (OJ No L 91, 3. 4. 1987, p. 19). 5 OJ No C 112, 20. 12. 1973, p. 1, OJ No C 139, 13. 6. 1977, p. 1 and OJ No C
46, 17. 2. 1983, p. 1.6 OJ No L 171, 27. 6. 1981, p. 11.