Select Committee on European Scrutiny Twenty-Sixth Report


EMISSION REQUIREMENTS FOR MOTORCYCLES


(21416)

9871/00

COM(00) 314


Draft Directive amending Directive 97/24 EC on certain components and characteristics of two and three wheeled motor vehicles.
Legal base: Article 95 EC; co-decision; qualified majority voting
Document originated: 22 June 2000
Forwarded to the Council: 22 June 2000
Deposited in Parliament: 11 July 2000
Department: Environment, Transport and the Regions
Basis of consideration: EM of 21 July 2000
Previous Committee Report: None
To be discussed in Council: No date set
Committee's assessment: Legally and politically important
Committee's decision: Cleared

Background

  9.1  In recent years, agreements have been reached on improving air quality through the tightening of vehicle emission standards by amendments to Directives 70/220/EC for passenger cars and light commercial vehicles and 88/77/EEC for heavy-duty diesel engines and vehicles. We last reported on the former on 29 July 1998[18], and on the latter on 27 January 1999[19] and 16 June 1999[20]. These measures were taken as part of the so-called AUTO-OIL I Programme.

  9.2  Motorcycle emissions were not part of the AUTO-OIL I Programme. The Commission now proposes a tightening of current emission controls applying to motorcycles in Directive 97/24/EC, to form part of the AUTO-OIL-II Programme aimed at achieving Community air quality targets by 2010.

The document

  9.3  The Commission proposes for motorcycles two stages of emission reduction. The first stage would require all new type approvals for motorcycles from 1 January and all motorcycles from 2004 to meet limit reductions for hydrocarbons and carbon monoxide of 60% for four stroke engines, and of 70% for hydro carbons and 30% for carbon monoxide for two stroke engines. Mopeds are being dealt with separately. The second stage envisages further tightening from 2006 but the exact requirements are left to be specified later so as to take account of technological developments in the interim. For tricycles and quadricycles, it is proposed to reduce limit values from 1.5 times the current motorcycle limits to 1.25 times the proposed 2003 limits, so as to take account of their higher emission levels. Separate limit values are proposed for diesel engine vehicles.

  9.4  The proposal includes the option for Member States to offer a tax incentive to encourage the introduction of vehicles meeting the new standards before they become mandatory in 2004. Similar incentives were included in the earlier vehicles emission directives.

The Government's view

  9.5  In his Explanatory Memorandum of 21 July 2000, the Parliamentary Under-Secretary of State at the Department of the Environment, Transport and the Regions (Lord Whitty), says that the Government welcomes the Commission's proposal. Save for the fiscal incentives, the detailed requirements are broadly welcomed. The limit values and application dates are reasonable and UK industry has confirmed that they are achievable within the timescale. The proposal represents "a balanced approach which will enable manufacturing industry to develop robust technologies economically and within a timescale that will deliver the air quality benefits that the proposal seeks." He says that the UK industry has expressed concerns about the possible effects if extremely stringent limit reductions were proposed in a second stage but such concerns would need to be considered in the light of fresh proposals at that stage. He welcomes the inclusion of permissive limits that go beyond those mandated for Stage 1 as a way of encouraging the early development of the technologies which would be a pre-requisite for any more stringent proposals in future.

  9.6  The Minister says that the Government maintains its opposition to the inclusion of fiscal incentives because they would be made under Article 95 EC and subject to qualified majority voting. He also argues against such incentives on grounds of subsidiarity, on the basis that Member States should be able to introduce such incentives entirely in accordance with national circumstances and priorities.

Conclusion

  9.7  We note the Government's general welcome for this proposal, which is a logical and necessary step in extending the control of vehicle emissions. The Minister's comments on fiscal incentives are consistent with the views the Government has expressed on earlier similar proposals and we note that it has not generally been successful in removing such provisions. We recognise the importance the Government attaches to maintaining the principle of adoption by unanimity of any measure related to taxation, though we note that the fiscal incentive provision is only permissive. It sets the broad parameters for any incentives, so as, for example, to prevent them costing more than the cost of the technological changes. It does not restrict the freedom of Member States to decide on the type or level of taxation. It is also arguable that it is helpful for the Directive specifically to authorise such incentives so as to remove any risk that they might be challenged by the Commission as unlawful state aid. We shall be interested to see the outcome on this aspect but it does not raise any new issue. We clear the document.


18  (19309) - ; see HC 155-xxxvi (1997-98), paragraph 17 (29 July 1998). Back

19  (19747) 12158/98 and (19748) 14394/98; see HC 34-vii (1998-99), paragraph 9 (27 January 1999). Back

20  (19741) 10911/98; see HC 34-xxii (1998-99), paragraph 6 (16 June 1999). Back


 
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