COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 422 final - SYN 425 
Brussels, 9 September 1993 
Amended proposal for a 
COUNCIL DIRECTIVE 
ON THE CONTROL OF 
VOLATILE ORGANIC COMPOUND (VOC) EMISSIONS 
RESULTING FROM THE STORAGE OF PETROL 
AND ITS DISTRIBUTION 
FROM TERMINALS TO SERVICE STATIONS 
(presented by the Commission pursuant to Article 149(3) 
of the EEC-Treaty) 
2 
EXPLANATORY MEMORANDUM 
1. In July 1992 the Commission presented a proposal for a Council Directive 
on the control of volatile organic compound (VOC) emissions resulting 
from the storage of petrol and its distribution from terminals to 
service stations (the so-called "Stage lM Directive). 
The proposal aims at reducing the evaporated emissions from the storage 
of petrol at terminals and to recover the petrol vapours which are lost 
in the process of petrol transport and distribution to service stations. 
The justification of the proposal is to ensure that the specifications 
for the mobile equipment and the equipment for the loading/unloading of 
the mobile equipment (i.e. : road tankers, rail tankers and barges) are 
harmonized in all Member States in order to ensure the proper 
functioning of the Internal Market. The legal basis for the proposal is 
Article 100A of the Treaty. 
2. The Economic and Social Committee adopted its opinion in January 1993, 
approving the aims and goals of the Commission's proposal. 
3. At its Plenary Session on 23 June 1993, the European Parliament approved 
the proposal with a total of 25 amendments. 
4. Out of the 25 amendments approved by the Parliament, 11 have been 
accepted totally or in part. In accord with this the modified proposal 
includes amendments to the following articles 3, 4, 6 and to annexes 1 
and 3 and also includes a new recital. 
3 
5. Fourteen amendments have been totally rejected 
(Nrs : 1, 3, 4, 5, 8, 10, 11, 15, 16, 17, 19, 20, 21, 24) 
As the Commission can accept that seagoing tankers should be excluded 
from the scope of the Directive, awaiting a modification of the MARPOL 
convention by the IMO (Nr 2), it follows that it can not accept 
amendments pertaining to such ships (Nrs : 4, 8, 11, 20) and the 
condition (in Nr 2) that unilateral Community action should be taken by 
a certain date in absence of results from IMO. Amendment 24 setting up 
an annex V on the inclusion of shipping under the scope of the Directive 
by way of a committee procedure is not acceptable. 
The Commission sees no need specific for reference in this directive for 
the possibility of state aid in respect to SMEs (Nr 3). 
The amendment to the definition of petrol (in Nr 5) is considered 
unnecessary. It is considered necessary to allow a mobile container to 
ventilate its tank at a place where there is no threat to environment or 
human health, if it is being loaded with other products than VOCs, thus 
amendment N* 10 excluding this practice is not acceptable. 
It is beyond the scope of this Directive to deal with a possible wider 
access to Committee meetings and proceedings for the general public 
(Nr 15). 
The Commission finds little reason to require Member States to report 
earlier on the implementation of the Directive (Nr 17) and finds it 
unacceptable to link the reporting procedure with an obligation for the 
Commission to present proposals for modification of the Directive 
(Nr 19). 
The amendment to the Annexes (Nr : 21) is unacceptable since it applies 
more stringent limit values to the vapour recovery units and restricts 
flexibility for new storage facilities which will increase the costs 
disproportionately compared to the environmental benefits. 
Amendments Nrs : 1 and 16 are purely editorial, but do not add to the 
clarity of the legal text. 
H 
ORIGINAL TEXT AMENDED TEXT 
Recital (new) 
Whereas. .on grounds of 
international standardly i on 
and of safety during the loading 
QÎ ships, standards must he 
drawn, US at International 
Maritime Organization level fnr 
XABQUC GfintcoJ, and recovery 
système to apply to both loading 
installations and shW-
Article 3(1), fourth subparagraph 
Member States may require more 
stringent measures in geographical 
areas where it is established that 
such measures are necessary for the 
protection of human health or the 
environment due to special local or 
regional conditions. Member Stflt.ftft 
shall inform the other Member States 
and the Commission of any such 
special measures which they 
contemplate taking and of their 
grounds for taking them. Member States may maintain or require 
more stringent measures nationally or 
in certain areas of their territory 
for the protection of human health or 
the environment. Ibev. shall inform 
the other Member States and the 
Commission of any such existing 
TreaguXftfi or of any special measures 
which they contemplate taking and of 
their grounds for taking them. 
Article 4(1), third subparagraph 
Member States may require more 
stringent measures in geographical 
areas where it is established that 
such measures are necessary for the 
protection of human health or the 
environment due to special local or 
regional conditions. Member States 
shall inform the other Member States 
and the Commission of any such 
special measures which they 
contemplate taking and of their 
grounds for taking them. Member States may maintain or require 
more stringent measures nationally or 
in certain areas of their territory 
where it is established that such 
measures are necessary for the 
protection of human health or the 
environment. Member States shall 
inform the other Member States and 
the Commission of any such existing 
measures or of any special measures 
which they contemplate taking and of 
their grounds for t.;*k inq then. 
ORIGINAL TEXT AMENDED TEXT ^T 
Article 4(1), fourth paragraph 
All terminals shall be equipped with 
at least one loading arm which meets 
the spécifications for bottom loading 
equipment to be developed in 
flÇÇOrdflnçe. wjj& fchfi procedure 
specified in Article 8, All terminals shall be equipped with 
at least one loading arm which meets 
the specifications for bottom loading 
equipment laid down in Annex IV. 
Article 4(4) 
4. Nine years after the date referred 
to in Article 11 all loading arms at 
all terminals shall be equipped so as 
to meet the specifications for bottom 
loading equipment to be developed in 
accordance wjtji the procedure 
specified jn Article gt 4. Nine years after the date 
referred to in Article 11 all loading 
arms at all terminals shall be 
equipped so as to meet the 
specifications for bottom loading 
equipment laid down in Annex EV. 
(Amendment No. 12) 
Article 6(2)(b), second indent 
for existing service stations, 
regardless of their throughput, 
which are located under permanent 
living quarters or working areas, 
if the service stations are 
situated in locations where urban 
speed Units apply; for existing service stations, 
regardless of their throughput, 
which are located under permanent 
living quarters or working areas; 
Article 6(2a) (new) 
2a. For service stations with a 
throughout between 100 and 500 
P3/year« Member States mav grant 
derogations from the requirements Of 
paragraph 1 where the service station 
is located in a geographical area or 
in a location where vapour emissions 
create no environmental or health 
problems. 
ORIGINAL TEXT AMENDED TEXT 
Article 6(2b) (new) 
2b. The requirements of paragraph 1 
Shall not apply to service station*; 
with a throughput of less than fon 
m /year. 
Article 9(1a) (new) 
la. The fftfffter flutes must on that 
occasion provide the ComiiSBion_wjjfeh 
detailed information on the 
geographical areas in which national 
measures have been provided for and 
on the nature and timetable for the 
implementation of these measures. 
ANNEX I, point 1 
1. The external wall and roof of 
tanks above ground shall be 
painted in a light colour with a 
total radiant heat reflectance 
of 70% or more. The external wall and roof of 
tanks above ground shall be 
painted in a light colour with a 
total radiant heat reflectance 
of 70% or more. These 
operations mav be scheduled mo 
as to be carried ovt as part of 
the usual maintenance evele of 
the tanks, 
Subject to a maximum 3 years 
time extension of the timetable 
set out in Article 3. 
Annex IV (new) 
Retirements for bottom loading and 
vapour collection for road tankers 
(This annex shall standardize 
specifications for all couplings on 
the API 4-inch standard:) 
AMERICAN PETROLEUM INSTITUTE (API) 
RECOMMENDED PRACTICE 100 4. SEVENTH 
EDITION. NOVEMBER 1968) 
ISSN 0254-1475 
COM(93) 422 final 
CUMENTS 
EN 14 12 
Catalogue number : CB-CO-93-463-EN-C 
ISBN 92-77-59187-0 
Office for Official Publications of the European Communities 
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