1999L0013 — EN — 29.03.1999 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DIRECTIVE 1999/13/EC
of 11 March 1999
on the limitation of emissions of volatile organic compounds due to the use of organic solvents in
certain activities and installations
(OJ L 85, 29.3.1999, p. 1)
Corrected by:
►C1 Corrigendum, OJ L 188, 21.7.1999, p. 54 (1999/13)
►C2 Corrigendum, OJ L 240, 10.9.1999, p. 24 (1999/13)
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COUNCIL DIRECTIVE 1999/13/EC
of 11 March 1999
on the limitation of emissions of volatile organic compounds due to
the use of organic solvents in certain activities and installations
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andin particular Article 130s(1) thereof,
Having regard to the proposal from the Commission (
1),
Having regard to the opinion of the Economic and Social Committee (2),
Acting in accordance with the procedure laid down in Article 189c of
the Treaty (3),
(1) Whereas the European Community action programme on theenvironment approved by the Council and the representatives ofthe Governments of the Member States meeting within theCouncil by resolutions of 22 November 1973 (
4), 17 May
1977 (5), 7 February 1983 (6), 19 October 1987 (7) and 1 February
1993 (8) stresses the importance of the prevention and reduction
of air pollution;
(2) Whereas in particular the resolution of 19 October 1987 empha-sises the importance of Community action to concentrate, inter
alia, on implementation of appropriate standards in order to
ensure a high level of public health and environmental protection;
(3) Whereas the European Community and its Member States areparties to the Protocol to the 1979 Convention on Long-RangeTransboundary Air Pollution concerning the control of emissionsof volatile organic compounds in order to reduce their transboun-dary fluxes and the fluxes of the resulting secondary photochem-ical oxidant products so as to protect human health and theenvironment from adverse effects;
(4) Whereas pollution due to volatile organic compounds in oneMember State often influences the air and water of other MemberStates; whereas, in accordance with Article 130r of the Treaty,action at Community level is necessary;
(5) Whereas, because of their characteristics, the use of organicsolvents in certain activities and installations gives rise to emis-sions of organic compounds into the air which can be harmful forpublic health and/or contributes to the local and transboundaryformation of photochemical oxidants in the boundary layer of thetroposphere which cause damage to natural resources of vitalenvironmental and economic importance and, under certainexposure conditions, has harmful effects on human health;
(6) Whereas the high incidence of high tropospheric ozone concen-trations in recent years has triggered widespread concernregarding the impact on public health and the environment;
(1) OJ C 99, 26.3.1997, p. 32.
(2) OJ C 287, 22.9.1997, p. 55.
(3) Opinion of the European Parliament of 14 January 1998 (OJ C 34,
2.2.1998, p. 75), Council Common Position of 16 June 1998 (OJ C 248,7.8.1998, p. 1) and Decision of the European Parliament of 21 October1998 (OJ C 341, 9.11.1998, p. 70).
(
4) OJ C 112, 20.12.1973, p. 1.
(5) OJ C 139, 13.6.1977, p. 1.
(6) OJ C 46, 17.2.1983, p. 1.
(7) OJ C 328, 7.12.1987, p. 1.
(8) OJ C 138, 1.2.1993, p. 1.
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(7) Whereas, therefore, preventive action is required to protect public
health and the environment against the consequences of particu-larly harmful emissions from the use of organic solvents and toguarantee citizens the right to a clean and healthy environment;
(8) Whereas emissions of organic compounds can be avoided orreduced in many activities and installations because potentiallyless harmful substitutes are available or will become availablewithin the coming years; whereas, where appropriate substitutesare not available, other technical measures should be taken toreduce emissions into the environment as much as economicallyand technically feasible;
(9) Whereas the use of organic solvents and the emissions of organiccompounds which have the most serious effects on public healthshould be reduced as much as technically feasible;
(10) Whereas installations and processes which fall under thisDirective should at least be registered if they are not subject toauthorisation under Community or national legislation;
(11) Whereas existing installations and activities should, where appro-priate, be adapted so that within an appropriate period they meetthe requirements established for new installations and activities;whereas that period should be consistent with the timetable forcompliance of Council Directive 96/61/EC of 24 September 1996concerning integrated pollution prevention and control (
1);
(12) Whereas the relevant parts of existing installations whichundergo substantial change must, as a matter of principle, meetthe new installation standards for the substantially changedequipment;
(13) Whereas organic solvents are used by many different types ofinstallations and activities so that, in addition to general require-ments, specific requirements should be defined and, at the sametime, thresholds for the size of the installations or activities whichhave to comply with this Directive;
(14) Whereas a high level of environmental protection requires thesetting and achievement of emission limits for organiccompounds and appropriate operating conditions, in accordancewith the principle of best available techniques, for certain instal-lations and activities using organic solvents within theCommunity;
(15) Whereas in some cases Member States may exempt operatorsfrom complying with the emission limit values because othermeasures, such as the use of low-solvent or solvent-free productsor techniques, provide alternative means of achieving equivalentemission reductions;
(16) Whereas emission-limiting measures adopted before the entryinto force of this Directive should be taken into account in anappropriate way;
(17) Whereas alternative approaches to reduction may allow theobjectives of this Directive to be achieved more effectively thanby implementing uniform emission limit values; whereas, there-fore, Member States may exempt existing installations fromcompliance with the emission limits if they implement a nationalplan, which will, within the timetable for implementation of thisDirective, lead to an at least equal reduction in emissions oforganic compounds from these activities and installations;
(18) Whereas existing installations falling under Directive 96/61/ECwhich are covered by a national plan can under no circumstancesbe exempted from the provisions of that Directive, includingArticle 9(4) thereof;
(1) OJ L 257, 10.10.1996, p. 26.
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(19) Whereas in many cases small and medium-sized, new and
existing installations may be allowed to comply with somewhatless stringent requirements to maintain their competitiveness;
(20) Whereas for dry cleaning a zero threshold is appropriate, subjectto specified exemptions;
(21) Whereas monitoring of emissions is required, including theapplication of measurement techniques, to assess the massconcentrations or the quantity of the pollutants whose release intothe environment is permitted;
(22) Whereas operators should reduce emissions of organic solvents,including fugitive emissions, and of organic compounds; whereasa solvent management plan is an important tool to verify this;whereas, although guidance may be given, the solvent manage-ment plan is not developed to the stage where a Communitymethodology can be established;
(23) Whereas Member States have to establish a procedure to befollowed and measures to be taken where emission limitations areexceeded;
(24) Whereas the Commission and the Member States should collab-orate in order to ensure that information on the implementation ofthis Directive and on the progress of substitution options isexchanged,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Purpose and scope
The purpose of this Directive is to prevent or reduce the direct and
indirect effects of emissions of volatile organic compounds into theenvironment, mainly into air, and the potential risks to human health, byproviding measures and procedures to be implemented for the activitiesdefined in Annex I, in so far as they are operated above the solventconsumption thresholds listed in Annex IIA.
Article 2
Definitions
For the purposes of this Directive:
1. installation shall mean a stationary technical unit where one or
more activities falling within the scope defined in Article 1 arecarried out, and any other directly associated activities which havea technical connection with the activities carried out on that site andwhich could have an effect on emissions;
2. existing installation shall mean an installation in operation or, in
accordance with legislation existing before the date on which thisDirective is brought into effect, an installation which is authorisedor registered or, in the view of the competent authority, the subjectof a full request for authorisation, provided that the installation isput into operation no later than one year after the date on which thisDirective is brought into effect;
3. small installation shall mean an installation which falls within the
lower threshold band of items 1, 3, 4, 5, 8, 10, 13, 16 or 17 ofAnnex IIA or for the other activities of Annex IIA which have asolvent consumption of less than 10 tonnes/year;
4. substantial change
— for an installation falling within the scope of Directive 96/
61/EC, shall have the definition specified in that Directive,
— for a small installation, shall mean a change of the nominal
capacity leading to an increase of emissions of volatile organiccompounds of more than 25 %. Any change that may have, inthe opinion of the competent authority, significant negative
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effects on human health or the environment is also a substantial
change,
— for all other installations, shall mean a change of the nominal
capacity leading to an increase of emissions of volatile organiccompounds of more than 10 %. Any change that may have, inthe opinion of the competent authority, significant negativeeffects on human health or the environment is also a substantialchange;
5. competent authority shall mean the authority or authorities or
bodies responsible under the legal provisions of the Member Statesfor carrying out the obligations arising from this Directive;
6. operator shall mean any natural or legal person who operates or
controls the installation or, where this is provided for in nationallegislation, to whom decisive economic power over the technicalfunctioning of the installation has been delegated;
7. authorisation shall mean a written decision by which the competent
authority grants permission to operate all or part of an installation;
8. registration shall mean a procedure, specified in a legal act,
involving at least notification to the competent authority by theoperator of the intention to operate an installation or activity fallingwithin the scope of this Directive;
9. emission shall mean any discharge of volatile organic compounds
from an installation into the environment;
10. fugitive emissions shall mean any emissions not in waste gases of
volatile organic compounds into air, soil and water as well as,unless otherwise stated in Annex IIA, solvents contained in anyproducts. They include uncaptured emissions released to the outsideenvironment via windows, doors, vents and similar openings;
11. waste gases shall mean the final gaseous discharge containing vola-
tile organic compounds or other pollutants, from a stack or abate-ment equipment into air. The volumetric flow rates shall beexpressed in m
3/h at standard conditions;
12. total emissions shall mean the sum of fugitive emissions and emis-
sions in waste gases;
13. emission limit value shall mean the mass of volatile organic
compounds, expressed in terms of certain specific parameters,concentration, percentage and/or level of an emission, calculated atstandard conditions, N, which may not be exceeded during one ormore periods of time;
14. substances shall mean any chemical element and its compounds, as
they occur in the natural state or as produced by industry, whetherin solid or liquid or gaseous form;
15. preparation shall mean mixtures or solutions composed of two or
more substances;
16. organic compound shall mean any compound containing at least
the element carbon and one or more of hydrogen, halogens, oxygen,sulphur, phosphorus, silicon or nitrogen, with the exception ofcarbon oxides and inorganic carbonates and bicarbonates;
17. volatile organic compound (VOC) shall mean any organic
compound having at 293,15 K a vapour pressure of 0,01 kPa ormore, or having a corresponding volatility under the particularconditions of use. For the purpose of this Directive, the fraction ofcreosote which exceeds this value of vapour pressure at 293,15 Kshall be considered as a VOC;
18. organic solvent shall mean any VOC which is used alone or in
combination with other agents, and without undergoing a chemicalchange, to dissolve raw materials, products or waste materials, or isused as a cleaning agent to dissolve contaminants, or as a dissolver,or as a dispersion medium, or as a viscosity adjuster, or as a surfacetension adjuster, or a plasticiser, or as a preservative;
19. halogenated organic solvent shall mean an organic solvent which
contains at least one atom of bromine, chlorine, fluorine or iodineper molecule;
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20. coating shall mean any preparation, including all the organic
solvents or preparations containing organic solvents necessary forits proper application, which is used to provide a decorative, protec-tive or other functional effect on a surface;
21. adhesive shall mean any preparation, including all the organic
solvents or preparations containing organic solvents necessary forits proper application, which is used to adhere separate parts of aproduct;
22. ink shall mean a preparation, including all the organic solvents or
preparations containing organic solvents necessary for its properapplication, which is used in a printing activity to impress text orimages on to a surface;
23. varnish shall mean a transparent coating;24. consumption shall mean the total input of organic solvents into an
installation per calendar year, or any other 12-month period, lessany VOCs that are recovered for reuse;
25. input shall mean the quantity of organic solvents and their quantity
in preparations used when carrying out an activity, including thesolvents recycled inside and outside the installation, and which arecounted every time they are used to carry out the activity;
26. reuse of organic solvents shall mean the use of organic solvents
recovered from an installation for any technical or commercialpurpose and including use as a fuel but excluding the final disposalof such recovered organic solvent as waste;
27. mass flow shall mean the quantity of VOCs released, in unit of
mass/hour;
28. nominal capacity shall mean the maximum mass input of organic
solvents by an installation averaged over one day, if the installationis operated under conditions of normal operation at its designoutput;
29. normal operation shall mean all periods of operation of an installa-
tion or activity except start-up and shut-down operations and main-tenance of equipment;
30. contained conditions shall mean conditions under which an instal-
lation is operated such that the VOCs released from the activity arecollected and discharged in a controlled way either via a stack orabatement equipment and are therefore not entirely fugitive;
31. standard conditions shall mean a temperature of 273,15 K and a
pressure of 101,3 kPa;
32. average over 24 hours shall mean the arithmetic average of all
valid readings taken during the 24-hour period of normal operation;
33. start-up and shut-down operations shall mean operations whilst
bringing an activity, an equipment item or a tank into or out ofservice or into or out of an idling state. Regularly oscillatingactivity phases are not to be considered as start-ups and shut-downs.
Article 3
Obligations applying to new installations
Member States shall adopt the necessary measures to ensure that:
1. all new installations comply with Articles 5, 8 and 9;2. all new installations not covered by Directive 96/61/EC are regis-
tered or undergo authorisation before being put into operation.
Article 4
Obligations applying to existing installations
Without prejudice to Directive 96/61/EC, Member States shall adopt the
necessary measures to ensure that:
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1. existing installations comply with Articles 5, 8 and 9 no later than 31
October 2007;
2. all existing installations must have been registered or authorised by
31 October 2007 at the latest;
3. those installations to be authorised or registered using the reduction
scheme of Annex IIB notify this to the competent authorities by 31October 2005 at the latest;
4. where an installation:
— undergoes a substantial change, or
— comes within the scope of this Directive for the first time
following a substantial change,
that part of the installation which undergoes the substantial change
shall be treated either as a new installation or as an existing installa-tion, provided that the total emissions of the whole installation donot exceed those that would have resulted had the substantiallychanged part been treated as a new installation.
Article 5
Requirements
1. Member States shall take the appropriate measures, either by
specification in the conditions of the authorisation or by general bindingrules to ensure that paragraphs 2 to 12 are complied with.
2. All installations shall comply with:
(a) either the emission limit values in waste gases and the fugitive
emission values, or the total emission limit values, and otherrequirements laid down in Annex IIA;
or
(b) the requirements of the reduction scheme specified in Annex IIB.
3. (a) For fugitive emissions, Member States shall apply fugitive emis-
sion values to installations as an emission limit value. However,where it is demonstrated to the satisfaction of the competentauthority that for an individual installation this value is nottechnically and economically feasible, the competent authoritycan make an exception for such an individual installationprovided that significant risks to human health or the environ-ment are not to be expected. For each derogation, the operatormust demonstrate to the satisfaction of the competent authoritythat the best available technique is being used;
(b) activities which cannot be operated under contained conditions
may be exempted from the controls of Annex IIA, when thispossibility is explicitly mentioned in that Annex. The reductionscheme of Annex IIB is then to be used, unless it is demon-strated to the satisfaction of the competent authority that thisoption is not technically and economically feasible. In this case,the operator must demonstrate to the satisfaction of thecompetent authority that the best available technique is beingused.
Member States shall report to the Commission on the derogation
concerning paragraphs (a) and (b) in accordance with Article 11.
4. For installations not using the reduction scheme, any abatement
equipment installed after the date on which this Directive is broughtinto effect shall meet all the requirements of Annex IIA.
5. Installations where two or more activities are carried out, each of
which exceeds the thresholds in Annex IIA shall:
(a) as regards the substances specified in paragraphs 6, 7 and 8, meet
the requirements of those paragraphs for each activity individually;
(b) as regards all other substances, either:
(i) meet the requirements of paragraph 2 for each activity individ-
ually; or
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(ii) have total emissions not exceeding those that would have
resulted had point (i) been applied.
6. Substances or preparations which, because of their content of
VOCs classified as carcinogens, mutagens, or toxic to reproductionunder Directive 67/548/EEC (
1), are assigned or need to carry the risk
phrases R45, R46, R49, R60, R61, shall be replaced, as far as possibleand by taking into account the guidance as mentioned in Article 7(1), byless harmful substances or preparations within the shortest possibletime.
7. For discharges of the VOCs referred to in paragraph 6, where the
mass flow of the sum of the compounds causing the labelling referred toin that paragraph is greater than, or equal to, 10 g/h, an emission limitvalue of 2 mg/Nm
3shall be complied with. The emission limit value
refers to the mass sum of the individual compounds.
8. For discharges of halogenated VOCs which are assigned the risk
phrase R40, where the mass flow of the sum of the compounds causingthe labelling R40 is greater than, or equal to, 100 g/h, an emission limitvalue of 20 mg/Nm
3shall be complied with. The emission limit value
refers to the mass sum of the individual compounds.
The discharge of VOCs referred to in paragraphs 6 and 8 shall be
controlled as emissions from an installation under contained conditionsas far as technically and economically feasible to safeguard publichealth and the environment.
9. Discharges of those VOCs which, after the entry into force of this
Directive, are assigned or need to carry one of the risk phrasesmentioned in paragraphs 6 and 8, shall have to comply with the emis-sion limit values mentioned in paragraphs 7 and 8 respectively, withinthe shortest possible time.
10. All appropriate precautions shall be taken to minimise emissions
during start-up and shut-down.
11. Existing installations which operate existing abatement equip-
ment and comply with the following emission limit values:
— 50 mg C/Nm
3in the case of incineration,
— 150 mg C/Nm3in the case of any other abatement equipment,
shall be exempt from the waste gases emission limit values in the table
in Annex IIA for a period of 12 years after the date referred to inArticle 15, provided the total emissions of the whole installation do notexceed those that would have resulted had all the requirements of thetable been met.
12. Neither the reduction scheme nor the application of paragraph 11
nor Article 6 exempt installations discharging substances specified inparagraphs 6, 7 and 8 from fulfilling the requirements of those para-graphs.
13. Where a risk assessment is carried out in accordance with
Council Regulation (EEC) No 793/93 (
2) and Commission Regulation
(EC) No 1488/94 (3) or Council Directive 67/548/EEC and Commis-
sion Directive 93/67/EEC (4) of any of the substances causing the
labelling R40, R60 or R61 which are controlled under this Directive, theCommission shall consider the conclusions of the risk assessment andshall take the necessary measures as appropriate.
(1) OJ 196, 16.8.1967, p. 1. Directive as last amended by Commission Direc-
tive 98/98/EC (OJ L 355, 30.12.1998, p. 1).
(2) OJ L 84, 5.4.1993, p. 1.
(3) OJ L 161, 29.6.1994, p. 3.
(4) OJ L 227, 8.9.1993, p. 9.
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Article 6
National plans
1. Without prejudice to Directive 96/61/EC, Member States may
define and implement national plans for reducing emissions from theactivities and industrial installations covered by Article 1, excludingactivities 4 and 11 of Annex IIA. None of the other activities may beexcluded from the scope of this Directive by means of a national plan.These plans shall result in a reduction of the annual emissions of VOCsfrom existing installations covered by this Directive by at least the sameamount and within the same time frame as would have been achievedby applying the emission limits under Article 5(2) and (3) and Annex II,during the validity period of the national plan. The national plan, ifnecessary updated, will be resubmitted to the Commission every threeyears.
A Member State which defines and implements national plans may
exempt existing installations from implementation of the emission limitvalues laid down in Article 5(2) and (3) and Annex II. A national planmay under no circumstances exempt an existing installation from theprovisions laid down in Directive 96/61/EC.
2. A national plan shall include a list of the measures taken or to be
taken to ensure that the aim specified in paragraph 1 will be achieved,including details of the proposed plan monitoring mechanism. It shallalso include binding interim reduction targets against which progresstowards the aim can be measured. It shall be compatible with therelevant existing Community legislation, including the relevant provi-sions of this Directive, and shall include:
— an identification of the activity or activities to which the plan
applies,
— the reduction in emissions to be achieved by those activities which
corresponds to that which would have been achieved by applyingthe emission limits as specified in paragraph 1,
— the number of installations affected by the plan and their total
emissions and the total emission of each of the activities.
The plan shall also include a full description of the range of instruments
through which its requirements will be achieved, evidence that theseinstruments will be enforceable and details of the means by whichcompliance with the plan will be demonstrated.
3. The Member State shall submit the plan to the Commission. The
plan must be accompanied by supporting documentation sufficient toverify that the aim of paragraph 1 will be achieved, including anydocumentation specifically requested by the Commission. Existinginstallations undergoing a substantial change shall remain within thescope of the national plan, provided that they were part of this planbefore undergoing such substantial change.
4. The Member State shall designate a national authority for the
collection and evaluation of the information required by paragraph 3and for the implementation of the national plan.
5. (a) The Commission shall inform the committee referred to in
Article 13 of the criteria for assessing national plans, one yearafter the entry into force of this Directive at the latest.
(b) If the Commission, in considering the plan, the resubmitted plan,
or in considering the progress reports submitted by the MemberState under Article 11, is not satisfied that the objectives of theplan will be achieved within the prescribed period, it shallinform the Member State and the committee referred to inArticle 13 of its opinion and of the reasons for reaching such anopinion. It shall do so within six months of receipt of the plan orreport. The Member State shall then notify the Commission andinform the committee, within three months, of the correctivemeasures it will take in order to ensure that the objectives areachieved.
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6. If the Commission decides within six months of the notification ofthe corrective measures that those measures are insufficient to ensurethat the objective of the plan is achieved within the prescribed period,the Member State shall be obliged to satisfy the requirements of Article5(2) and (3) and Annex II within the period specified in this Directivein the case of existing installations. The Commission shall inform thecommittee referred to in Article 13 of its decision.
Article 7
Substitution
1. The Commission shall ensure that an exchange of information
between Member States and the activities concerned on the use oforganic substances and their potential substitutes takes place. It shallconsider the questions of:
— fitness for use,
— potential effects on human health and occupational exposure in
particular;
— potential effects on the environment, and— the economic consequences, in particular, the costs and benefits of
the options available,
with a view to providing guidance on the use of substances and tech-
niques which have the least potential effects on air, water, soil, ecosys-tems and human health. Following the exchange of information, theCommission shall publish guidance for each activity.
2. Member States shall ensure that the guidance referred to in para-
graph 1 is taken into account during authorisation and during theformulation of general binding rules.
Article 8
Monitoring
1. Member States shall introduce an obligation for the operator of an
installation covered by this Directive to supply the competent authorityonce a year or on request with data that enables the competent authorityto verify compliance with this Directive.
2. Member States shall ensure that channels to which abatement
equipment is connected, and which at the final point of discharge emitmore than an average of 10 kg/h of total organic carbon, are monitoredcontinuously for compliance.
3. In the other cases, Member States shall ensure that either contin-
uous or periodic measurements are carried out. For periodic measure-ments at least three readings shall be obtained during each measurementexercise.
4. Measurements are not required in the case where end-of-pipe
abatement equipment is not needed to comply with this Directive.
5. The Commission shall organise an exchange of information on the
use of solvent management plans in Member States based on the datafor the implementation of this Directive in the three years following thedate referred to in Article 15.
Article 9
Compliance with emission limit values
1. Compliance with the following shall be demonstrated to the satis-
faction of the competent authority:
— emission limit values in waste gases, fugitive emission values and
total emission limit values,
— the requirements of the reduction scheme under Annex IIB,— the provisions of Article 5(3).
Guidance is provided in Annex III on solvent management plans
serving to demonstrate compliance with these parameters.
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Gas volumes may be added to the waste gas for cooling or dilution
purposes where technically justified but shall not be considered whendetermining the mass concentration of the pollutant in the waste gas.
2. Following a substantial change, compliance shall be reverified.3. In the case of continuous measurements the emission limit values
shall be considered to be complied with if:
(a) none of the averages over 24 hours of normal operation exceeds the
emission limit values, and
(b) none of the hourly averages exceeds the emission limit values by
more than a factor of 1,5.
4. In the case of periodic measurements the emission limit values
shall be considered to be complied with if, in one monitoring exercise:
(a) the average of all the readings does not exceed the emission limit
values, and
(b) none of the hourly averages exceeds the emission limit value by
more than a factor of 1,5.
5. Compliance with the provisions of Article 5(7) and (8) shall be
verified on the basis of the sum of the mass concentrations of theindividual volatile organic compounds concerned. For all other cases,compliance shall be verified on the basis of the total mass of organiccarbon emitted unless otherwise specified in Annex IIA.
Article 10
Non-compliance
Member States shall take appropriate measures to ensure that, if it is
found that the requirements of this Directive have been breached:
(a) the operator informs the competent authority and takes measures to
ensure that compliance is restored within the shortest possible time;
(b) in cases of non-compliance causing immediate danger to human
health and as long as compliance is not restored under the condi-tions of paragraph (a), operation of the activity is suspended.
Article 11
Information systems and reporting
1. At intervals of three years, Member States shall send information
to the Commission on the implementation of this Directive in the formof a report. The report shall be drawn up on the basis of a questionnaireor outline drafted by the Commission in accordance with the procedurelaid down in Article 6 of Directive 91/692/EEC (
1). The questionnaire
or outline shall be sent to the Member States six months before the startof the period covered by the report. The report shall be made to theCommission within nine months of the end of the three-year periodcovered by it. Member States shall publish the reports produced at thesame time as they are transmitted to the Commission, subject to therestrictions laid down in Article 3(2) and (3) of Directive 90/313/EEC (
2). The first report shall cover the period of the first three
years after the date referred to in Article 15.
2. The information submitted under paragraph 1 shall, in particular,
include sufficient representative data to demonstrate that the require-ments of Article 5 and as the case may be, the requirements of Article 6have been complied with.
3. The Commission shall draw up a report on the implementation of
this Directive on the basis of the data provided by the Member States atthe latest five years after the first reports are submitted by the Member
(1) OJ L 377, 31.12.1991, p. 48.
(2) OJ L 158, 23.6.1990, p. 56.
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States. The Commission shall submit this report to the European Parlia-
ment and the Council, accompanied by proposals if necessary.
Article 12
Public access to information
1. Without prejudice to Directive 90/313/EEC, Member States shall
take the necessary measures to ensure that at least applications forauthorisation for new installations or for substantial changes of thoseinstallations requiring a permit under Directive 96/61/EC are madeavailable for an appropriate period of time to the public, to enable it tocomment on them before the competent authority reaches a decision.Without prejudice to Directive 96/61/EC, no obligation to reformat theinformation for the public is implied.
The decision of the competent authority, including at least a copy of the
authorisation, and any subsequent updates, must also be made availableto the public.
The general binding rules applicable for installations and the list of
registered and authorised activities shall be made available to the public.
2. The results of emission-monitoring as required under the author-
isation or registration conditions referred to in Articles 8 and 9 and heldby the competent authority must be made available to the public.
3. Paragraphs 1 and 2 shall apply, subject to the restrictions
regarding grounds for refusal by public authorities to provide informa-tion, including commercial and industrial confidentiality, laid down inArticle 3(2) and (3) of Directive 90/313/EEC.
Article 13
Committee
The Commission shall be assisted by a committee of an advisory nature
composed of the representatives of the Member States and chaired bythe representative of the Commission.
The representative of the Commission shall submit to the committee a
draft of the measures to be taken. The committee shall deliver itsopinion on the draft, within a time limit which the chairman may laydown according to the urgency of the matter, if necessary by taking avote.
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 theminutes.
The Commission shall take the utmost account of the opinion delivered
by the committee. It shall inform the committee of the manner in whichits opinion has been taken into account.
Article 14
Sanctions
Member States shall determine the sanctions applicable to breaches of
the national provisions adopted pursuant to this Directive and shall takeall necessary measures for their implementation. The sanctions deter-mined must be effective, proportionate and dissuasive. Member Statesshall notify these provisions to the Commission at the latest by the datementioned in Article 15, and shall notify any subsequent modificationof them as soon as possible.
Article 15
Transposition
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive►
C2not later than 1 April 2001. ◄They shall forthwith inform the
Commission thereof.
1999L0013 — EN — 29.03.1999 — 000.001 — 13
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When Member States adopt these measures, they shall contain a refer-ence to this Directive or shall be accompanied by such a reference onthe occasion of their official publication. The methods of making such areference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the text of
the main provisions of national law which they adopt in the fieldcovered by this Directive.
Article 16
Entry into force
This Directive shall enter into force on the day of its publication in the
Official Journal of the European Communities .
Article 17
Addressees
This Directive is addressed to the Member States.
1999L0013 — EN — 29.03.1999 — 000.001 — 14
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ANNEXI
SCOPE
This Annex contains the categories of activity referred to in Article 1. When
operated above the thresholds listed in Annex IIA, the activities mentioned inthis Annex fall within the scope of the Directive. In each case the activityincludes the cleaning of the equipment but not the cleaning of products unlessspecified otherwise.
Adhesive coating
— Any activity in which an adhesive is applied to a surface, with the exception
of adhesive coating and laminating associated with printing activities.
Coating activity
— Any activity in which a single or multiple application of a continuous film of
a coating is applied to:
— vehicles as listed below:
— new cars, defined as vehicles of category M1 in Directive 70/
156/EEC (
1), and of category N1 in so far as they are coated at the
same installation as M1 vehicles,
— truck cabins, defined as the housing for the driver, and all integrated
housing for the technical equipment, of vehicles of categories N2 andN3 in Directive 70/156/EEC,
— vans and trucks, defined as vehicles of categories N1, N2 and N3 in
Directive 70/156/EEC, but not including truck cabins,
— buses, defined as vehicles of categories M2 and M3 in Directive
70/156/EEC,
— trailers, defined in categories O1, O2, O3 and O4 in Directive 70/
156/EEC,
— metallic and plastic surfaces including surfaces of airplanes, ships, trains,
etc.,
— wooden surfaces,— textile, fabric, film and paper surfaces,— leather.
It does not include the coating of substrate with metals by electrophoretic and
chemical spraying techniques. If the coating activity includes a step in whichthe same article is printed by whatever technique used, that printing step isconsidered part of the coating activity. However, printing activities operatedas a separate activity are not included, but may be covered by the Directive ifthe printing activity falls within the scope thereof.
Coil coating
— Any activity where coiled steel, stainless steel, coated steel, copper alloys or
aluminium strip is coated with either a film forming or laminate coating in acontinuous process.
Dry cleaning
— Any industrial or commercial activity using VOCs in an installation to clean
garments, furnishing and similar consumer goods with the exception of themanual removal of stains and spots in the textile and clothing industry.
Footwear manufacture
— Any activity of producing complete footwear or parts thereof.
Manufacturing of coating preparations, varnishes, inks and adhesives
— The manufacture of the above final products, and of intermediates where
carried out at the same site, by mixing of pigments, resins and adhesivematerials with organic solvent or other carrier, including dispersion andpredispersion activities, viscosity and tint adjustments and operations forfilling the final product into its container.
(1) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 97/27/EC (OJ L
233, 25.8.1997, p. 1).
1999L0013 — EN — 29.03.1999 — 000.001 — 15
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Manufacturing of pharmaceutical products
— The chemical synthesis, fermentation, extraction, formulation and finishing
of pharmaceutical products and where carried out at the same site, themanufacture of intermediate products.
Printing
— Any reproduction activity of text and/or images in which, with the use of an
image carrier, ink is transferred onto whatever type of surface. It includesassociated varnishing, coating and laminating techniques. However, only thefollowing sub-processes are subject to the Directive:
—flexography — a printing activity using an image carrier of rubber or
elastic photopolymers on which the printing areas are above the non-printing areas, using liquid inks which dry through evaporation,
—heatset web offset — a web-fed printing activity using an image carrier
in which the printing and non-printing area are in the same plane, whereweb-fed means that the material to be printed is fed to the machine froma reel as distinct from separate sheets. The non-printing area is treated toattract water and thus reject ink. The printing area is treated to receiveand transmit ink to the surface to be printed. Evaporation takes place inan oven where hot air is used to heat the printed material,
—laminating associated to a printing activity — the adhering together of
two or more flexible materials to produce laminates,
—publication rotogravure — a rotogravure printing activity used for
printing paper for magazines, brochures, catalogues or similar products,using toluene-based inks,
—rotogravure — a printing activity using a cylindrical image carrier in
which the printing area is below the non-printing area, using liquid inkswhich dry through evaporation. The recesses are filled with ink and thesurplus is cleaned off the non-printing area before the surface to beprinted contacts the cylinder and lifts the ink from the recesses,
—rotary screen printing — a web-fed printing activity in which the ink is
passed onto the surface to be printed by forcing it through a porousimage carrier, in which the printing area is open and the non-printingarea is sealed off, using liquid inks which dry only through evaporation.Web-fed means that the material to be printed is fed to the machine froma reel as distinct from separate sheets,
—varnishing — an activity by which a varnish or an adhesive coating for
the purpose of later sealing the packaging material is applied to a flexiblematerial.
Rubber conversion
— Any activity of mixing, milling, blending, calendering, extrusion and vulcani-
sation of natural or synthetic rubber and any ancillary operations forconverting natural or synthetic rubber into a finished product.
Surface cleaning
— Any activity except dry cleaning using organic solvents to remove contami-
nation from the surface of material including degreasing. A cleaning activityconsisting of more than one step before or after any other activity shall beconsidered as one surface cleaning activity. This activity does not refer to thecleaning of the equipment but to the cleaning of the surface of products.
Vegetable oil and animal fat extraction and vegetable oil refining activities
— Any activity to extract vegetable oil from seeds and other vegetable matter,
the processing of dry residues to produce animal feed, the purification of fatsand vegetable oils derived from seeds, vegetable matter and/or animal matter.
Vehicle refinishing
— Any industrial or commercial coating activity and associated degreasing
activities performing:
— the coating of road vehicles as defined in Directive 70/156/EEC, or part
of them, carried out as part of vehicle repair, conservation or decorationoutside of manufacturing installations, or
— the original coating of road vehicles as defined in Directive 70/156/EEC
or part of them with refinishing-type materials, where this is carried outaway from the original manufacturing line, or
1999L0013 — EN — 29.03.1999 — 000.001 — 16
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— the coating of trailers (including semi-trailers) (category O).
Winding wire coating
— Any coating activity of metallic conductors used for winding the coils in
transformers and motors, etc.
Wood impregnation
— Any activity giving a loading of preservative in timber.
Wood and plastic lamination
— Any activity to adhere together wood and/or plastic to produce laminated
products.
1999L0013 — EN — 29.03.1999 — 000.001 — 17▼B
Activity
(solvent consumption threshold inThreshold
(solvent
consumptionEmission
limit values
in wasteFugitive emission values
(percentage of solvent
input)Total emission limit values
Special provisions
tonnes/year) threshold in
tonnes/year)gases (mg
C/Nm3) New Existing New ExistingANNEXIIA
I.THRESHOLDS AND EMISSION CONTROLS
1 Heatset web offset printing 15—25 100 30 (1) (1) Solvent residue in finished product is not to be
(>15)>25 20 30 (1)considered as part of fugitive emissions.
2 Publication rotogravure
(>25)75 10 15
3 Other rotogravure, flexography, 15—25 100 25 (1) Threshold for rotary screen printing on textile
rotary screen printing, laminating
or varnishing units ( >15) rotary
screen printing on textile/card->25 100 20and on cardboard.
board
(>30)>30 (1) 100 20
4 Surface cleaning (1)
(>1)1—5 20 (2) 15 (1) Using compounds specified in Article 5(6) and
(8).
>5 20 (2) 10(2) Limit refers to mass of compounds in mg/Nm3,
and not to total carbon.
5 Other surface cleaning
(>2)2—10 75 (1) 20 (1) (1) Installations which demonstrate to the competent
authority that the average organic solvent content
>10 75 (1) 15 (1)of all cleaning material used does not exceed
30 % by weight are exempt from application ofthese values.
6 Vehicle coating ( <15) and
vehicle refinishing>0,5 50 (1) 25 (1) Compliance in accordance with Article 9(3)
should be demonstrated based on 15 minute
average measurements.
7 Coil coating
(>25)50 (1) 5 10 (1) For installations which use techniques which
allow reuse of recovered solvents, the emission
limit shall be 150.
1999L0013 — EN — 29.03.1999 — 000.001 — 18▼B
Activity
(solvent consumption threshold inThreshold
(solvent
consumptionEmission
limit values
in wasteFugitive emission values
(percentage of solvent
input)Total emission limit values
Special provisions
tonnes/year) threshold in
tonnes/year)gases (mg
C/Nm3) New Existing New Existing
8 Other coating, including metal,
plastic, textile (5), fabric, film
and paper coating
(>5)5—15 100 (1)
(4)►C225 (4)◄ (1) Emission limit value applies to coating applica-
tion and drying processes operated undercontained conditions.
(
2) The first emission limit value applies to drying
processes, the second to coating applicationprocesses.
(
3) For textile coating installations which use tech-
niques which allow reuse of recovered solvents,
>15 50/75 (2)
(3)(4)20 (4)the emission limit applied to coating applicationand drying processes taken together shall be 150.
(
4) Coating activities which cannot be applied under
contained conditions (such as shipbuilding,aircraft painting) may be exempted from thesevalues, in accordance with Article 5(3)(b).
(
5) Rotary screen printing on textile is covered by
activity No 3.
9 Winding wire coating 10 g/kg (1) (1) Applies for installations where average diameter
(>5)
5 g/kg (2)of wire≤0,1 mm.
(2) Applies for all other installations.
10 Coating of wooden surfaces
(>15)15—25 100 (1) 25 (1) Emission limit applies to coating application and
drying processes operated under contained condi-
>25 50/75 (2)20tions.
(2) The first value applies to drying processes, the
second to coating application processes.
11 Dry cleaning 20 g/kg (1)(2)(3) (1) Expressed in mass of solvent emitted per kilo-
gram of product cleaned and dried.
(2) The emission limit in Article 5(8) does not apply
for this sector.
(3) The following exemption refers only to Greece:
the total emission limit value does not apply, fora period of 12 years after the date on which thisDirective is brought into effect, to existing instal-lations located in remote areas and/or islands,with a population of no more than 2 000 perma-
1999L0013 — EN — 29.03.1999 — 000.001 — 19▼B
Activity
(solvent consumption threshold inThreshold
(solvent
consumptionEmission
limit values
in wasteFugitive emission values
(percentage of solvent
input)Total emission limit values
Special provisions
tonnes/year) threshold in
tonnes/year)gases (mg
C/Nm3) New Existing New Existing
nent inhabitants where the use of advanced tech-
nology equipment is not economically feasible.
12 Wood impregnation
(>25)100 (1) 45 11 kg/m3(1) Does not apply for impregnation with creosote.
13 Coating of leather 10—25 85 g/m2Emission limits are expressed in grams of solvent
(>10)>25 75 g/m2emitted per m2of product produced.
>10 (1) 150 g/m2(1) For leather coating activities in furnishing and
particular leather goods used as small consumergoods like bags, belts, wallets, etc.
14 Footwear manufacture
(>5)25 g per pair Total emission limit values are expressed in grams of
solvent emitted per pair of complete footwearproduced.
15 Wood and plastic lamination
(>5)30 g/m2
16 Adhesive coating 5—15 50 (1) 25 (1) If techniques are used which allow reuse of
(>5)
>15 50 (1) 20recovered solvent, the emission limit value in
waste gases shall be 150.
17 Manufacture of coating prepara-
tions, varnishes, inks and adhe-100—1 000 150 5 5 % of solvent input The fugitive emission value does not include solventsold as part of a coatings preparation in a sealed
sives
(>100)>1 000 150 3 3 % of solvent inputcontainer.
18 Rubber conversion
(>15)20 (1) 25 (2) 25 % of solvent input (1) If techniques are used which allow reuse of
recovered solvent, the emission limit value inwaste gases shall be 150.
(
2) The fugitive emission value does not include
solvent sold as part of products or preparations ina sealed container.
1999L0013 — EN — 29.03.1999 — 000.001 — 20▼B
Activity
(solvent consumption threshold inThreshold
(solvent
consumptionEmission
limit values
in wasteFugitive emission values
(percentage of solvent
input)Total emission limit values
Special provisions
tonnes/year) threshold in
tonnes/year)gases (mg
C/Nm3) New Existing New Existing
19 Vegetable oil and animal fat
extraction and vegetable oilrefining activities
(>10)Animal fat: 1,5 kg/tonne
Castor: 3 kg/tonneRape seed: 1 kg/tonneSunflower
seed: 1 kg/tonne
Soya beans (normal
crush): 0,8 kg/tonne
Soya beans (white
flakes): 1,2 kg/tonne
Other seeds and other
vegetable matter:
3 kg/tonne (
1)
1,5 kg/tonne (2)
4 kg/tonne (3)(1) Total emission limit values for installations
processing individual batches of seeds and othervegetable matter should be set by the competentauthority on a case-by-case basis, applying thebest available techniques.
(
2) Applies to all fractionation processes excluding
de-gumming (the removal of gums from the oil).
(3) Applies to de-gumming.
20 Manufacturing of pharmaceutical
products
(>50)20 (1) 5(2) 15 (2) 5 % of solvent input 15 % of solvent input (1) If techniques are used which allow reuse of
recovered solvent, the emission limit value inwaste gases shall be 150.
(
2) The fugitive emission limit value does not
include solvent sold as part of products or prepa-rations in a sealed container.
1999L0013 — EN — 29.03.1999 — 000.001 — 21
Activity Production threshold Total emission limit value
(solvent consumption thres-
hold in tonnes/year)(refers to annual production
of coated item) New Existing▼B
II.THE VEHICLE COATING INDUSTRY
The total emission limit values are expressed in terms of grams of solvent
emitted in relation to the surface area of product in square metres and inkilograms of solvent emitted in relation to the car body.
The surface area of any product dealt with in the table below is defined as
follows:
— the surface area calculated from the total electrophoretic coating area,
and the surface area of any parts that might be added in successivephases of the coating process which are coated with the same coatingsas those used for the product in question, or the total surface area of theproduct coated in the installation.
The surface of the electrophoretic coating area is calculated using the formula:
2 × total weight of product shell
average thickness of metal sheet × density of metal sheet
This method shall also be applied for other coated parts made out of sheets.
Computer aided design or other equivalent methods shall be used to calculate the
surface area of the other parts added, or the total surface area coated in theinstallation.
The total emission limit value in the table below refers to all process stages
carried out at the same installation from electrophoretic coating, or any otherkind of coating process, through to the final wax and polish of topcoatinginclusive, as well as solvent used in cleaning of process equipment, includingspray booths and other fixed equipment, both during and outside of productiontime. The total emission limit value is expressed as the mass sum of organiccompounds per m
2of the total surface area of coated product and as the mass
sum of organic compounds per car body.
Coating of new cars
(>15)>5 000 45 g/m2or 1,3 kg/
body + 33 g/m260 g/m2or 1,9 kg/body
+4 1g /m2
≤5 000 monocoque
or>3 500 chassis-
built90 g/m2or 1,5 kg/
body + 70 g/m290 g/m2or 1,5 kg/body
+7 0g /m2
Total emission limit
(g/m2)
Coating of new truck ≤5 000 65 85
cabins (>15)
>5 000 55 75
Coating of new vans ≤2 500 90 120
and trucks ( >15)
>2 500 70 90
Coating of new buses ≤2 000 210 290
(>15)
>2 000 150 225
Vehicle coating installations below the solvent consumption thresholds in the
table above shall meet the requirements for the vehicle refinishing sector inAnnex IIA.
1999L0013 — EN — 29.03.1999 — 000.001 — 22
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Time periodMaximum allowed total annual
New installations Existing installationsemissions
ActivityMultiplication factor for
use in item (ii)(b)ANNEXIIB
REDUCTION SCHEME
1.Principles
The purpose of the reduction scheme is to allow the operator the possibility to
achieve by other means emission reductions, equivalent to those achieved ifthe emission limit values were to be applied. To that end the operator may useany reduction scheme, specially designed for his installation, provided that inthe end an equivalent emission reduction is achieved. Member States shallreport according to Article 11 of the Directive to the Commission about theprogress in achieving the same emission reduction, including the experiencefrom the application of the reduction scheme.
2.Practice
In the case of applying coatings, varnishes, adhesives or inks, the following
scheme can be used. Where the following method is inappropriate thecompetent authority may allow an operator to apply any alternative exemptionscheme which it is satisfied fulfils the principles outlined here. The design ofthe scheme takes into account the following facts:
(i) where substitutes containing little or no solvent are still under develop-
ment, a time extension must be given to the operator to implement hisemission reduction plans;
(ii) the reference point for emission reductions should correspond as closely
as possible to the emissions which would have resulted had no reductionaction been taken.
The following scheme shall operate for installations for which a constant solid
content of product can be assumed and used to define the reference point foremission reductions:
(i) the operator shall forward an emission reduction plan which includes in
particular decreases in the average solvent content of the total input and/orincreased efficiency in the use of solids to achieve a reduction of the totalemissions from the installation to a given percentage of the annual refer-ence emissions, termed the target emission. This must be done on thefollowing time frame:
By 31.10.2001 By 31.10.2005 Target emission × 1,5
By 31.10.2004 By 31.10.2007 Target emission
(ii) The annual reference emission is calculated as follows:
(a) The total mass of solids in the quantity of coating and/or ink, varnish or
adhesive consumed in a year is determined. Solids are all materials incoatings, inks, varnishes and adhesives that become solid once the wateror the volatile organic compounds are evaporated.
(b) The annual reference emissions are calculated by multiplying the mass
determined in (a) by the appropriate factor listed in the table below.Competent authorities may adjust these factors for individual installationsto reflect documented increased efficiency in the use of solids.
Rotogravure printing; flexography printing; lami-nating as part of a printing activity; varnishing aspart of a printing activity; wood coating; coatingof textiles, fabric film or paper; adhesive coating4
1999L0013 — EN — 29.03.1999 — 000.001 — 23
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ActivityMultiplication factor for
use in item (ii)(b)
Coil coating, vehicle refinishing 3
Food contact coating, aerospace coatings 2,33
Other coatings and rotary screen printing 1,5
(c) The target emission is equal to the annual reference emission multiplied
by a percentage equal to:
— (the fugitive emission value + 15), for installations falling within item
6 and the lower threshold band of items 8 and 10 of Annex IIA,
— (the fugitive emission value + 5) for all other installations.
(d) Compliance is achieved if the actual solvent emission determined from
the solvent management plan is less than or equal to the target emission.
1999L0013 — EN — 29.03.1999 — 000.001 — 24
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ANNEXIII
SOLVENT MANAGEMENT PLAN
1.Introduction
This Annex provides guidance on carrying out a solvent management plan. It
identifies the principles to be applied (item 2) and provides a framework forthe mass balance (item 3) and an indication of the requirements for verifica-tion of compliance (item 4).
2.Principles
The solvent management plan serves the following purposes:
(i) verification of compliance as specified in Article 9(1);
(ii) identification of future reduction options;
(iii) enabling of the provision of information on solvent consumption, solvent
emissions and compliance with the Directive to the public.
3.Definitions
The following definitions provide a framework for the mass balance exercise.Inputs of organic solvents (I):
I1 The quantity of organic solvents or their quantity in preparations
purchased which are used as input into the process in the time frame overwhich the mass balance is being calculated.
I2 The quantity of organic solvents or their quantity in preparations recovered
and reused as solvent input into the process. (The recycled solvent iscounted every time it is used to carry out the activity.)
Outputs of organic solvents (O):
O1 Emissions in waste gases.
O2 Organic solvents lost in water, if appropriate taking into account waste
water treatment when calculating O5.
O3 The quantity of organic solvents which remains as contamination or
residue in products output from the process.
O4 Uncaptured emissions of organic solvents to air. This includes the general
ventilation of rooms, where air is released to the outside environment viawindows, doors, vents and similar openings.
O5 Organic solvents and/or organic compounds lost due to chemical or
physical reactions (including for example those which are destroyed, e.g.by incineration or other waste gas or waste water treatments, or captured,e.g. by adsorption, as long as they are not counted under O6, O7 or O8).
O6 Organic solvents contained in collected waste.O7 Organic solvents, or organic solvents contained in preparations, which are
sold or are intended to be sold as a commercially valuable product.
O8 Organic solvents contained in preparations recovered for reuse but not as
input into the process, as long as not counted under O7.
O9 Organic solvents released in other ways.
4.Guidance on use of the solvent management plan for verification of
compliance
The use made of the solvent management plan will be determined by the
particular requirement which is to be verified, as follows:
(i) Verification of compliance with the reduction option in Annex IIB, with a
total emission limit value expressed in solvent emissions per unit product,or otherwise stated in Annex IIA.
(a) For all activities using Annex IIB the solvent management plan
should be done annually to determine consumption (C). Consumptioncan be calculated according to the following equation:
1999L0013 — EN — 29.03.1999 — 000.001 — 25
▼B
C=I 1−O 8
A parallel exercise should also be undertaken to determine solids used
in coating in order to derive the annual reference emission and thetarget emission each year.
(b) For assessing compliance with a total emission limit value expressed
in solvent emissions per unit product or otherwise stated in AnnexIIA, the solvent management plan should be done annually to deter-mine emissions (E). Emissions can be calculated according to thefollowing equation:
E=F+O 1
where F is the fugitive emission as defined in section (ii)(a). The
emission figure should then be divided by the relevant product para-meter.
(c) For assessing compliance with the requirements of Article 5(5)(b)(ii),
the solvent management plan should be done annually to determinetotal emissions from all activities concerned, and that figure shouldthen be compared with the total emissions that would have resultedhad the requirements of Annex II been met for each activity sepa-rately.
(ii) Determination of fugitive emissions for comparison with fugitive emis-
sion values in Annex IIA:
(a)Methodology
The fugitive emission can be calculated according to the following
equation:
F=I 1−O 1−O 5−O 6−O 7−O 8orF=O 2+O 3+O 4+O 9
This quantity can be determined by direct measurement of the quant-
ities. Alternatively, an equivalent calculation can be made by othermeans, for instance by using the capture efficiency of the process.
The fugitive emission value is expressed as a proportion of the input,
which can be calculated according to the following equation:
I=I 1+I 2
(b)Frequency
Determination of fugitive emissions can be done by a short but
comprehensive set of measurements. It need not be done again untilthe equipment is modified.