•It -if COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 25.03.1998 
COM(1998) 190 final 
96/0276 (SYN) 
Amended proposal for a 
COUNCIL DIRECTIVE 
on limitation of emissions of volatile organic compounds due to the use of organic solvents in certain 
industrial activities 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
Pursuant to Article 189 (a) paragraph 2 of the EC Treaty, the Commission submits an amended 
Proposal for a Council Directive on limitation of volatile organic compounds due to the use of 
organic solvents in certain industrial activities. The amended Proposal takes account of a 
number of amendments from the European Parliament adopted at its January 1998 Plenary 
Session. 
The Commission can accept in full amendments 4, 13, 15, 17, 18, 21, 25, and 31, which clarify 
or further the principles of the Commission Proposal. The Commission can also accept in 
principle amendment 23, and in part amendments 26 and 30. 
Amendment 23 seeks to replace in Article 15(1) the fixed transposition date (31 December 1999) 
by a date linked to the entry into force of the Directive. The Commission accepts this principle, 
but prefers a shorter transposition period of 18 months. 
Amendment 26 aims to extend in Annex I the vehicle refinishing definition to rail vehicles and 
vehicles of category O. Since coating and processes for coating trailers are similar to those used 
in the vehicle refinishing sector, the Commission considers that the inclusion of category O 
vehicle in this definition is justified. 
Amendment 30 aims to raise the threshold of Annex III(A) concerning the pharmaceuticals 
manufacturing sector from 50 tons/year to 100 tons/year and to specify explicitly that the fugitive 
emission does not include solvents sold with finished products in closed container. The 
Commission accepts this latter provision, which clarifies the Proposal, but cannot accept the 
doubling of the threshold for this sector. 
The Commission has not accepted amendments 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 14, 16, 19, 20, 
22, 24,27, 28,29, 32. Commentary on these amendments follows:-
The Commission believes that the Member States should be allowed a certain flexibility in 
attaining the environmental goals of the Directive. In enabling Member States to design and 
implement national plans tailored to their own industrial profile, Article 12 can constitute a 
flexible and cost-effective means of reaching the same global emission reductions than those 
pursuant the enforcement of the emission limitations laid down in Annex III of the Directive. 
Therefore, the Commission cannot accept amendments 6, 19 and 22, which totally delete the 
national plan option. 
Amendment 1 and 16, introducing in Article 5(6) an obligation to substitute R40 substances by 
less harmful ones within the shortest possible time is not accepted by the Commission. In view 
of the current state of knowledge, the Commission does not regard elimination as the appropriate 
risk management option for all R40 substances. The Commission considers that the very 
stringent emission controls that have been laid down for these substances constitute a sufficient 
incentive to investigate substitution solutions. 
Since occupational health risk issues are outside the scope of this Proposal, amendments 2 and 
20 cannot be accepted. However, the Commission can accept the inclusion of data on this 
important aspect in the framework of the information exchange activity that it will have to 
organise under Article 6. Therefore, amendment 17 is accepted. 
Amendment 7 is not accepted, since the Treaty already contains the necessary provisions to deal 
with the possibility for Member States to set more stringent requirements. 
Amendments 10 and 14 restricting in Articles 2(1) and 4(1) the authorisation procedure to those 
installations falling within the scope of Directive 96/61/CE (IPPC) cannot be accepted by the 
Commission. In line with the subsidiarity principle, Member States should be free to decide 
which procedure (authorisation or registration) should be followed in the case of non-IPPC 
installations. The Commission also considers that the specific reference to the definition of "best 
available technique' of Directive 96/61/CE, as suggested by amendment 5, is not desirable, since 
this definition involves an integrated cross-media approach. 
Two new recitals call on the Commission to take complementary initiatives. The first one -
amendment 8 - relates to the request for a Directive on solvent-containing products, such as paint 
and do-it-yourself products. The Commission services intend to launch the preparatory work 
concerning such an approach in 1998, but consider that it is premature to give any commitment 
before the studies are completed. The second recital - amendment 9 - asks the Commission to 
examine how installations below the threshold may be brought within the scope of future 
regulatory measures. At the present time, it is not the intention of the Commission to 
supplement this Proposal by additional measures for smaller installations. 
Both the consumption thresholds and the emission limitations of Annex IIIA have been fine-
tuned on the basis of several studies which analysed the technical and economic impact of the 
proposed measures in the various sectors covered by the scope of the proposal. In particular, the 
Commission took great care to avoid introducing excessive burdens on small and medium 
enterprises. Consequently, amendments 3, 28, 29 establishing more stringent emission limits or 
modifying the scope of the Proposal are not accepted by the Commission. The change of 
threshold foreseen in amendment 30, which weakens the requirements of the Proposal, is 
similarly not accepted by the Commission. 
In order to maintain consistency with Directive 96/61/CE for those installations that are covered 
by both Directives, amendment 11, which increases by one year the timescale in Article 2(12) for 
an installation to be considered as an existing one is not accepted by the Commission. 
The restriction by amendment 12 of the definition of organic solvents laid down in Article 2(16) 
is not accepted by the Commission. Although creosotes do not contain a solvent carrier from a 
technical point of view, those creosotes exceeding the vapour pressure threshold of the Proposal 
are emitted in the same way as other solvents, and should therefore be treated similarly. 
Amendments 24, 27, and part of amendment 26, which expand in Annexes I and IIIA the 
definition of vehicle refinishing to the coating of rail vehicles, are not accepted by the 
Commission, since the Commission considers that this activity is better controlled in the 
"metallic and plastic surfaces" section. 
Amendment 32, which seeks to reduce the frequency for performing solvent management plans 
to every three years, is not accepted by the Commission, since Annex IV aims to provide 
guidance to industrial operators on how demonstrate compliance with the provisions the 
Directive by means of solvent management plans. 
3-
Amended proposal for a 
COUNCIL DIRECTIVE 
on limitation of emissions of volatile organic compounds due to the use of organic solvents in certain 
industrial activities 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Recital 17a (new) 
17a. Whereas the particular industrial structures and 
local competition for vehicle refinishing and drv 
cleaning means that a zero threshold is appropriate 
for these two sectors; 
Article 2(20a) (new) 
20a. Solvent input 
The quantity of organic solvents, either neat or 
bought-in preparations, used in the installation in 
the period during which conformity with fugitive 
emission limit values or guide values is 
demonstrated, including the quantity of solvents 
recovered and recirculated through the unit 
(recycled solvent shall be counted each time it is 
recirculated^. 
Article 5(2a) (new) 
2a. The fugitive emission limit values may not he 
exceeded. except where the operator can 
demonstrate that it is technically and financially 
impossible to stay within those limits and that he is 
using the best available technology. 
Article 6(1) 
1. The Commission shall ensure that an exchange of 1. The Commission shall ensure that an exchange of 
information between Member States and the sectors information between Member States and the sectors 
concerned on the use of organic substances and their concerned on the use of organic substances and 
potential substitutes takes place, in an their potential substitutes takes place, in an 
administratively efficient way, to consider the administratively efficient way, to consider the 
questions of fitness for use, potential environmental questions of fitness for use, potential environmental 
effects and the costs and benefits of the options 
available, with a view to providing guidance on the 
use of materials which have the least potential 
effects on air, water, soil, ecosystems and public 
health. The Commission shall publish the results of 
the exchange of information for each sector. effects, the health risks of occupational exposure 
and the costs and benefits of the options available, 
with a view to providing guidance on the use of 
materials which have the least potential effects on 
air, water, soil, ecosystems and public health. The 
Commission shall publish the results of the 
exchange of information for each sector. 
Article 7 
Member States shall specify appropriate 
release-monitoring requirements, including' 
measurement methodology and frequency, 
evaluation procedure and an obligation to supply the 
competent authority with data required for checking 
compliance with this Directive. However, emissions 
from stacks to which abatement equipment has been 
connected and which at the final point of discharge 
emit more than 10 kg/h of total organic carbon 
(determined as an eight-hour moving average) shall 
be measured continuously. L For installations covered by Directive 
96/61/EEC. Member States shall specify appropriate 
release-monitoring requirements, including 
measurement methodology and frequency, 
evaluation procedure and an obligation to supply the 
competent authority with data required for checking 
compliance with this Directive. 
2» For other installations. Member States shall 
specify appropriate release-monitoring 
requirements, including measurement frequency and 
methodology, evaluation procedures and an 
obligation to keep available to or supply on request 
the competent authority with the data required for 
checking compliance with this Directive. 
1 These requirements shall take account of Annex 
HUB) and the specific circumstances in the sector 
involved and the quantities discharged. 
fL However, emissions from stacks to which 
abatement equipment has been connected and which 
at the final point of discharge emit more than 10 
kg/h of total organic carbon (determined as an 
eight-hour moving average) shall be measured 
continuously, or be quantified bv any other 
equivalent method. 
Article 10(2a)(new) 
2a, The Commission shall draw up a summary 
report on the implementation of this Directive on 
the basis of data provided by the Member States not 
more than five years after. theJir^Kpjjiii^buiiUtfd 
bv the Member States. It shall submit this report to 
the Council and Parliament accompanied by 
proposals if necessary. 
Article 15, first paragraph 
Member States shall bring into force the laws, 
regulations and administrative provisions necessary 
to comply with this Directive by 31 December 1999 
at the latest. They shall forthwith inform the 
Commission thereof. Member States shall bring into force the laws, 
regulations and administrative provisions necessary 
to comply with this Directive within 18 months of 
its entry into force of this Directive. They shall 
forthwith inform the Commission thereof. 
Annex I, fifth heading 
Dry cleaning 
- any process using volatile organic compounds to 
remove contamination from thfi following 
manufactured consumer goods: furs, leather, down 
feathers, textiles or other objects made of fibres. Dry cleaning 
- any process using volatile organic compounds to 
clean garments and similar consumer goods, with 
the exception of the individual removal of stains 
and spots in the textile and clothing industry. 
Annex I, twelfth heading "Vehicle refinishing" 
Vehicle refinishing 
- all coating processes of a road vehicle as defined 
in Directive 70/156/EEC, or a part of it, carried out 
as part of vehicle repair, conservation or decoration 
outside of manufacturing installations, and the 
original coating of vehicle with refinishing-type 
materials, where this is carried out away from the 
original manufacturing line. Vehicle refinishing 
- all coating processes of a road vehicle as defined 
in Directive 70/156/EEC, or a part of it, carried out 
as part of vehicle repair, conservation or decoration 
outside of manufacturing installations, and the 
original coating of vehicle with refinishing-type 
materials, where this is carried out away from the 
original manufacturing line, or where the vehicle is 
of category 0. 
Annex 111(A), first table, twentieth entry 
20 Manufacture of 
pharmaceuticals 
(>50) 20 
(1) 5 15 (l)If 
techniques 
are used 
which allow 
reuse of 
recovered 
solvent, the 
emission 
limit shall be 
150. 
20 Manufacture of 
pharmaceuticals 
(>50) 20 
(1) 5 
0) 15 
0) (l)If 
techniques 
are used 
which allow 
reuse of 
recovered 
solvent, the 
emission 
limit shall be 
150.. 
<2)The 
fugitive 
emission 
limit does not 
include 
solvents sold 
with finished 
products in a 
closed 
container 
Annex IV(1), second paragraph (new) 
If sectoral agreements are concluded on BAT (best 
available technology) between a Member State and 
a sector of industry covered by Annex I to this 
Directive that enable a reduction in emissions to be 
achieved that is at least equal to that laid down in 
Annex III and Article 5 of this Directive. Member 
States may exempt plants in that sector from 
carrying out solvent management plans, if they can 
demonstrate that they are operating in accordance 
with the agreed BAT. 
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ISSN 0254-1475 
COM(98) 190 final 
DOCUMENTS 
EN 14 03 15 10 
Catalogue number : CB-C0-98-197-EN-C 
ISBN 92-78-32544-9 
Office for Official Publications of the European Communities 
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