A4-0358/98

Decision on the common position adopted by the Council with a view to adopting a Council Directive on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations (C4-0389/98 - 96/0276(SYN))(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0389/98 - 96/0276(SYN),

- having regard to its opinion at first reading ((OJ C 34, 2.2.1998, p. 75.)) on the Commission proposal to the Council, COM(96)0538 - 96/0276(SYN) ((OJ C 99, 26.3.1997, p.32.)),

- having regard to the amended Commission proposal ((OJ C 126, 24.4.1998, p. 8.)),

- having been consulted by the Council pursuant to Article 189c of the EC Treaty,

- having regard to Rule 67 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Protection (A4-0358/98),

1. Amends the common position as follows;

2. Instructs its President to forward this decision to the Council and Commission.

(Amendment 2)

Recital 10a (new)

>Original text>

>Text following EP vote>

10a. Whereas people who regularly come into contact with organic solvents by virtue of their occupation run health risks which are such that preventive measures are needed;

(Amendment 3)

Recital 23a (new)

>Original text>

>Text following EP vote>

23a. Whereas Member States should take appropriate measures to promote the development of best available techniques, in accordance with the principles described in Directive 96/61/EC, to minimise emissions of organic solvents and organic compounds into the environment;

(Amendment 4)

Recital 24a (new)

>Original text>

>Text following EP vote>

24a. Whereas the Commission will supplement this Directive by proposing rules on the marketing of products containing solvents for commercial and private use (e.g. by professional painters or for DIY), so that VOC emissions other than those from installations, which currently account for 30% of the total, can also be reduced;

(Amendment 5)

Recital 24b (new)

>Original text>

>Text following EP vote>

24b. Whereas the Commission will examine how installations operating below the thresholds laid down in the Annexes can be brought within the scope of future rules; whereas this implies a product-specific regulation for vehicle refinishing with a zero threshold;

(Amendment 6)

Recital 24c (new)

>Original text>

>Text following EP vote>

24c. Whereas Member States which have progressed further than the Community in substituting dangerous organic solvents must be permitted to impose more stringent restrictions,

(Amendment 7)

Article 2(2)

>Original text>

2) 'existing installation¨ shall mean an installation in operation or, in accordance with legislation existing before the date on which this Directive is brought into effect, an installation which is authorised or registered or, in the view of the competent authority, the subject of a full request for authorisation, provided that the installation is put into operation no later than one year after the date on which this Directive is brought into effect;

>Text following EP vote>

2)

'existing installation¨ shall mean an installation in operation or, in accordance with legislation existing before the date on which this Directive is brought into effect, an installation which is authorised or registered or, in the view of the competent authority, the subject of a full request for authorisation, provided that the installation is put into operation no later than two years after the date on which this Directive is brought into effect;

(Amendment 8)

Article 7(1)

>Original text>

1. The Commission shall ensure that an exchange of information between Member States and the activities concerned on the use of organic substances and their potential substitutes takes place. It shall consider the questions of fitness for use, potential effects on human health and 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 techniques which have the least potential effects on air water, soil, ecosystems and human health. Following the exchange of information, the Commission shall publish guidance for each activity.

>Text following EP vote>

1.

The Commission shall ensure that an exchange of information between Member States and the activities concerned on the use of organic substances and their potential substitutes takes place. It shall consider the questions of fitness for use, potential effects on human health in general and occupational exposure in particular, the 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 techniques which have the least potential effects on air water, soil, ecosystems and human health. Following the exchange of information, the Commission shall publish guidance for each activity.

(Amendment 9)

Article 8(2)

>Original text>

2. Member States shall ensure that channels to which abatement equipment is connected, and which at the final point of discharge emit more than an average of 10 kg/h of total organic carbon, are monitored continuously for compliance.

>Text following EP vote>

2.

Member States shall ensure that emissions from channels to which abatement equipment is connected, and which at the final point of discharge emit more than an average of 10 kg/h of total organic carbon are measured continuously or are quantified by any other equivalent method.

(Amendment 10)

Annex I, 18th heading 'Vehicle refinishing¨

>Original text>

- any industrial or commercial coating activity and associated degreasing activities 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 vehicles with refinishing-type materials, where this is carried out away from the original manufacturing line.

>Text following EP vote>

-

any industrial or commercial coating activity and associated degreasing activities 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 vehicles with refinishing-type materials, where this is carried out away from the original manufacturing line or where the vehicle is of category 0.

(Amendment 11)

Annex IIA, first table, 13th entry

>TABLE>

(Amendment 12)

Annex III(4)(i)(c)

>Original text>

(c) For assessing compliance with the requirements of Article 5(5)(b)(ii), the solvent management plan should be done annually to determine total emissions from all activities concerned, and that figure should then be compared with the total emissions that would have resulted had the requirements of Annex II been met for each activity separately.

>Text following EP vote>

(c)

For assessing compliance with the requirements of Article 5(5)(b)(ii), the solvent management plan should be done every three years to determine total emissions from all activities concerned, and that figure should then be compared with the total emissions that would have resulted had the requirements of Annex II been met for each activity separately.