Notice on the application of Article 3 of Directive 98/70/EC with regard to the maximum vapour pressure for petrol

(Text with EEA relevance)

(2020/C 127/02)

Directive 98/70/EC (‘the Fuel Quality Directive’) lays down, in its Annex I, the technical specifications of petrol fuels which may be placed on the market in Member States in accordance with Article 3 (2) of that Directive.

These specifications include a maximum vapour pressure, set at 60 kPa for so-called “summer petrol” placed on the market during the summer period. The summer period is defined as the period between May 1st and September 30th. For Member States with low ambient summer temperatures, as defined in Article 2 (5) of the Fuel Quality Directive, the summer period covers the period between June 1st and August 31st. Where a derogation is granted in accordance with Art 3 (5) of the Fuel Quality Directive, the maximum vapour pressure of fuel placed on the market in Member States with low ambient temperatures may amount to 70 kPa during the summer months as set out in Article 3 (4) of that Directive. The objective of this maximum vapour pressure requirement for fuel placed on the market is the protection of public health and the environment.

Under Article 9a, Member States shall determine the penalties applicable to breaches of the requirements laid down in this Directive. The penalties determined must be effective, proportionate and dissuasive.

A number of Member States have informed the Commission that a significant decrease in demand for petrol, driven by measures taken as a response to the Covid crisis, has resulted in a substantial reduction in the sales of “winter petrol” i.e. fuel not complying with the fuel specifications applicable during the summer period. This has led to unforeseen stocks of “winter petrol” along the supply chain which may last until the 1 May (or 1 June, respectively), when the fuel specifications applicable during the summer months start to apply. It can therefore be expected that these stocks of “winter petrol” will not be consumed before that date. This means that “summer petrol” could not be made available by the applicable switch date without depleting the “winter petrol” stocks first.

Therefore, based on the reports the Commission has received from various Member States, there seems to be a variety of approaches which different Member States are considering in order to enable the continuation of the short-term availability of fuel for transport activities, including emergency transport during the crisis.

A large number of Member States have informed the Commission of their intention to require the placing on the market of petrol with a maximum vapour pressure of 60 kPa only as from a later point in time than the beginning of the summer period as defined in the Fuel Quality Directive, with a delay of one to two months after the switching date. Some of these Member States intend to, or have already, modified their national legislation to this effect.

Other Member States are considering an approach that does not entail a formal amendment of the relevant legislation transposing the Fuel Quality Directive, but relates to the monitoring obligation of member state authorities pursuant to that Directive, and/or the enforcement of compliance with the fuel specification related to vapour pressure during the summer months established by that Directive.

The Commission would like to hereby comment on these approaches.

First of all, it should be noted that the obligation of Member State authorities to monitor compliance with the specifications of petrol fuel placed on the market, as required by Article 8 of the Fuel Quality Directive, is not linked to any specific date.

Secondly, as regards the imposition of penalties in accordance with Article 9a of the Fuel Quality Directive, the Commission recalls the requirement to apply any national provisions on penalties for breaches of the requirements laid down in that Directive under due consideration of the principle of proportionality.

In that context, and in order to apply that general principle of Union law effectively, the following cumulative set of circumstances should be considered:

— the exceptional and unforeseen circumstances caused by the Covid crisis;

— the need to continue the short-term availability of fuel within the Union for transport activities, including emergency transport during the crisis;

— while compliance with the maximum vapour pressure requirement generally serves to limit the emissions of volatile organic compounds at higher temperatures, according to data and information at the disposal of the Commission and while a full quantification of the impacts at this time is not possible, there seems to be limited environmental risks in view of the limited quantities of remaining stocks of “winter petrol”, the expected short time period needed to deplete these stocks, the share of volatile organic compounds emitted in general from road transport and the design of the vehicles to limit evaporative emissions.

Along these lines, if national legislation transposing the Fuel Quality Directive is amended in a way that it would no longer be in conformity with that Directive, the Commission will nonetheless refrain from launching infringement procedures as long as that non-conformity is limited in duration, does not go beyond what is required to place on the market only the remaining quantities of “winter fuel” still in stock, does not concern other obligations under the Fuel Quality Directive and thereby mitigates the risks on health and environmental grounds pursued with the fuel specifications in the Fuel Quality Directive.

Taking into account the exceptional circumstances of the restrictive measures taken in response to the Covid crisis supposes that no other “winter petrol” may be placed on the market during the summer period 2020 other than what is still in stock by 1 May 2020 or 1 June 2020 in Member States with low ambient temperatures, respectively.

In the meantime, the Commission will closely monitor the situation related to the implementation of the Fuel Quality Directive. This will require close cooperation with the competent authorities of the Member States.

We would therefore like to kindly invite all Member States to inform the Commission, by 15 May 2020, about

1) the actual quantities of petrol fuel not complying with the fuel specifications applicable during the summer period in stock on their territory on 1 May 2020. For Member States with low ambient summer temperatures, as defined in Article 2(5) of the Directive, we ask for this information to be provided as soon as possible, but at the latest by 15 June 2020 for the petrol fuel in stock on 1 June 2020;