Amended proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery - (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)

EXPLANATORY MEMORANDUM

1. Background

Transmission of the proposal to the Council and the European Parliament (COM(2000) 840 final - 2000/0336 (COD)) in accordance with article 251 of the Treaty : 18 December 2000

Commission original proposal published: 26 June 2001

Opinion of the Economic and Social Committee 11 July 2001

Opinion of the European Parliament - first reading 2 October 2001

2. Objective of the Commission proposal

The objective of the proposal is to extend the scope of current Directive 97/68/EC on emissions from compression ignition engines to be used in non-road mobile machinery to cover also small spark ignition (petrol) engines (lawn mowers, chain saws, trimmers, cutters, pumps, generating sets etc). Those engines are produced world-wide to a number of about 25 million yearly and their contribution to the overall emissions of the VOC in the Community is 10-15%. This amendment will contribute to achieving ambient air quality targets especially concerning ground level ozone.

The main elements of the proposal are:

* Two stages of limit values to apply from 18 months after the entry into force of the Directive (stage I) and 2004-2010 depending on engine class (stage II)

* A system of averaging and banking and some special arrangements for small volume manufacturers and small engine types in order to obtain a world wide alignment

3. Commission opinion on the amendments adopted by the Parliament

3.1. Amendments accepted by the Commission

Amendment 19 is making the definition of "placing on the market" more clear. It is not changing anything in substance.

Amendment 20 is replacing an earlier amendment proposed by the Environment Committee and thereby accepting the original proposal from the Commission.

Amendments 18 and 22 are introducing the possibility for Member States to use labelling and economic incentives. The wording is in line with what is already accepted in other Directives of this kind.

Amendment 23 is clarifying the text but does not change anything in substance.

Amendment 25 requires the Member States to transpose the Directive within 18 months instead of a certain date, which does not change anything of importance.

Amendment 26 requires the Commission to study if there is further need for legislation in this field.

Amendment 28 is moving implementation dates of stage II slightly forward.

Amendments 21, 24 and 27 are moving the alternative ways for type certification from article 7 to a new annex. It does not change anything in substance but improves the clarity.

Amendment 30 (part 1) gives the mandate to the Commission, by using the Committee on Adaptation to Technical Progress, to exempt certain products that for technical reasons can not meet the stage II standards.

3.2. Amendments not accepted by the Commission

Amendments 2, 3, 6, 7, 8, 12, 15 and 17 are about the average and banking system - deleting it from the proposal. Although rejecting the amendments the Commission has expressed its willingness to accept solutions to the average and banking system that gives the intended flexibility, world-wide alignment and environmental benefits.

Amendment 29 exempts a large number of two-stroke engines indefinitely from the scope of the Directive - not only from stage II. This will totally undermine the environmental benefits of the proposal.

3.3. Amended proposal

Having regard to Article 250, paragraph 2, of the EC treaty, the Commission modifies its proposal as indicated above.