Commission Recommendation

of 12 January 2005

on what, for the purposes of Directive 98/70/EC of the European Parliament and of the Council concerning petrol and diesel fuels, constitutes availability of unleaded petrol and diesel fuel with a maximum sulphur content on an appropriately balanced geographical basis

(Text with EEA relevance)

(2005/27/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof,

Whereas:

(1) Under Articles 3(2)(d) and 4(1)(d) of Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC [1], the Member States are to ensure that unleaded petrol and diesel fuel of a fixed maximum sulphur content are available within their territories on an appropriately balanced geographical basis.

(2) Directive 98/70/EC also provides that the Commission is to develop guidance for recommending what constitutes, for those purposes, availability of 10 mg/kg sulphur unleaded petrol on an appropriately balanced geographical basis.

(3) It seems appropriate to develop this type of guidance also for diesel fuel with a maximum sulphur content of 10 mg/kg.

(4) The Commission has assessed several options. As a result of that work, and after consultation with Member States, experts from the industrial and commercial sectors concerned, and other non-governmental organisations, the Commission has developed such guidance,

HEREBY RECOMMENDS:

Done at Brussels, 12 January 2005.

For the Commission

Stavros Dimas

Member of the Commission

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[1] OJ L 350, 28.12.1998, p. 58. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

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