A4-0406/97

Proposal for a Council Directive on limitation of emissions of volatile organic compounds due to the use of organic solvents in certain industrial activities (COM(96)0538 - C4-0139/97 - 96/0276(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 9

>Original text>

(9) Whereas the use of organic solvents and the emissions of organic compounds which have the most serious effects on public health should be reduced as much as technically feasible;

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(9) Whereas the use of organic solvents and the emissions of organic compounds which have the most serious effects on public health should be reduced with the aim of eliminating them altogether;

(Amendment 2)

Recital 10a (new)

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(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 17

>Original text>

(17) Whereas in many cases small and medium-sized, new and existing installations may be allowed to comply with somewhat less stringent requirements to maintain their competitiveness;

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Deleted

(Amendment 4)

Recital 17a (new)

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(17a) Whereas the particular industrial structures and local competition for vehicle refinishing and dry cleaning means that a zero threshold is appropriate for these two sectors;

(Amendment 5)

Recital 21

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(21) Whereas Member States should take appropriate measures to promote the developments of best available techniques to minimize emissions of organic solvents and organic compounds into the environment;

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(21) 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 minimize emissions of organic solvents and organic compounds into the environment;

(Amendment 6)

Recital 23

>Original text>

(23) Whereas certain Member States have already adopted measures to reduce VOCs which may not be compatible with the measures in this Directive; whereas alternative approaches to reduction may allow the objectives of this Directive to be achieved more effectively than by implementing uniform emission limit values; whereas, therefore, Member States may be exempted from compliance with the emission limits, if they implement a national plan, which will, within the timetable for implementation of this Directive, lead to an at least equal reduction in emissions of organic compounds from these processes and industrial installations;

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(23) Whereas national plans do not constitute an effective means of quickly and safely reducing pollutants, as they generally vary greatly, and comparisons based on emission reduction pose problems especially when, as in this case, no criteria exist for drawing up such national plans; whereas certain Member States which have already adopted measures to reduce VOCs which may not be compatible with the measures in this Directive are to be granted a transitional period extending until 2010 in order to comply with the provisions of this Directive;

(Amendment 7)

Recital 23a (new)

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(23a) Whereas Member States which have progressed further than the Community in substituting dangerous organic solvents must be permitted to impose more stringent restrictions;

(Amendment 8)

Recital 24a (new)

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(24a) Whereas the Commission will supplement this Directive by submitting 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 9)

Recital 24b (new)

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(24b) Whereas the Commission will examine how installations operating below the thresholds laid down in the Annexes may be brought within the scope of future rules;

(Amendment 10)

Article 2(1)

>Original text>

1. authorization:

means a procedure by which the competent authority grants authorization to operate all or part of an installation, by means of a written decision or decisions;

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1. authorization:

means a procedure by which the competent authority grants sanction to operate, covering all or part of an installation, and which, for the purpose of this Directive, should be restricted to those installations within the scope of Directive 96/61/EC;

(Amendment 11)

Article 2(12)

>Original text>

12. installation, existing:

means an installation which is in operation or, in accordance with legislation existing before the date on which this Directive is brought into effect, an installation authorized or in the view of the competent authority the subject of a full request for authorization, provided that the installation is put into operation no later than one year after the date on which this Directive is brought into effect;

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12. installation, existing: means an installation which is in operation or, in accordance with legislation existing before the date on which this Directive is brought into effect, an installation authorized or in the view of the competent authority the subject of a full request for authorization, 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 12)

Article 2(16)

>Original text>

16. organic solvent:

means any volatile organic compound which is used alone or in combination with other agents, and without undergoing a chemical change, to dissolve raw materials, products or waste materials, or is used as cleaning agent to dissolve contaminants, or as a dissolver, or as a dispersion medium, or as a viscosity adjuster, or as a surface tension adjuster, or a plasticizer, or as a preservative. For the purpose of this Directive the fraction of creosote which exceeds the threshold given for the vapour pressure under the particular condition of use shall be considered as an organic solvent;

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16. organic solvent:

means any volatile organic compound which is used alone or in combination with other agents, and without undergoing a chemical change, to dissolve raw materials, products or waste materials, or is used as cleaning agent to dissolve contaminants, or as a dissolver, or as a dispersion medium, or as a viscosity adjuster, or as a surface tension adjuster, or a plasticizer, or as a preservative;

(Amendment 13)

Article 2(20a) (new)

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20a. solvent input:

means the quantity of organic solvents, either neat or in bought 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).

(Amendment 14)

Article 4(1)

>Original text>

1. All existing installations which are not already permitted pursuant to Directive 96/61/EC undergo registration or authorization by the time of the first compliance date in Annex III (B) to this Directive.

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1. All existing installations which are not already permitted pursuant to Directive 96/61/EC undergo registration by the time of the first compliance date in Annex III (B) to this Directive.

(Amendment 15)

Article 5(2a) (new)

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2a. The fugitive emission limit values may not be 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.

(Amendment 16)

Article 5(6)

>Original text>

6. Substances or preparations which, because of their content of volatile organic compounds classified as carcinogens, mutagens, or toxic to reproduction under Council Directive 67/548/EEC (7), have labels containing the R phrases R45, R46, R49, R60 and R61 are replaced as far as possible by less harmful substances or preparations within the shortest possible time.

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6. Substances or preparations which, because of their content of volatile organic compounds classified as carcinogens, mutagens, or toxic to reproduction under Council Directive 67/548/EEC (7), have labels containing the R phrases R40, R45, R46, R49, R60 and R61 are replaced as far as possible by less harmful substances or preparations within the shortest possible time.

(Amendment 17)

Article 6(1)

>Original text>

1. The Commission shall ensure that an exchange of information between Member States and the sectors concerned on the use of organic substances and their potential substitutes takes place, in an administratively efficient way, to consider the 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.

>Text following EP vote>

1. The Commission shall ensure that an exchange of information between Member States and the sectors concerned on the use of organic substances and their potential substitutes takes place, in an administratively efficient way, to consider the questions of fitness for use, potential environmental 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.

(Amendment 18)

Article 7

>Original text>

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.

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1. For installations covered by Directive 96/61/EC, 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.

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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.

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3. These requirements shall take account of Annex III(B) and the specific circumstances in the sector involved and the quantities discharged.

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4. 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 shall be measured continuously, or be quantified by any other equivalent method.

(Amendment 19)

Article 9(2)

>Original text>

2. Where the targets of an agreed national plan are not achieved, the Member State shall ensure that those industry sectors which fail to achieve their commitments and obligations under the plan are required to comply with emission controls in the form specified in Article 5 (2), (3) and (4) and Annex III which ensure that those commitments and obligations are achieved and which at least meet the provisions of Article 5 (2), (3) and (4) and Annex III. This compliance must be achieved on the same time scale as for any other installation of the same type, or within two years of the establishment of non-compliance, whichever is the later.

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Deleted

(Amendment 20)

Article 10(2)(ca) (new)

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(ca) data on preventive measures taken or to be taken to protect the health of workers who come into contact with organic solvents by virtue of their occupation.

(Amendment 21)

Article 10(2a) (new)

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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 the first reports submitted by the Member States. It shall submit this report to the Council and the European Parliament accompanied by proposals if necessary.

(Amendment 22)

Article 12

>Original text>

Article 12

National plans

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Deleted

>Original text>

1. Member States may define and implement national plans for reducing emissions from the processes and industrial installations covered by Article 1. These plans shall result in a reduction of the annual emissions of volatile organic compounds from installations covered by this Directive by at least the same amount as would have been achieved by applying the emission limits pursuant to Article 5 (2), (3) and (4) and Annex III by 30 October 2007.

>Original text>

A Member State which does so shall be exempt from implementation of the emission limit values laid down in Article 5 (2), (3) and (4) and Annex III.

>Original text>

2. The plan shall include a list of the legal 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 shall also include binding interim reduction targets against which progress towards the aim can be measured.

>Original text>

3. The Member State shall supply to the Commission a copy of the plan by the date prescribed for the transposition of this Directive. The plan must be accompanied by supporting documentation sufficient to verify that the aim of paragraph 1 will be achieved, including any documentation specifically requested by the Commission.

>Original text>

4. The Member State shall designate a national authority for the collection and evaluation of the information required by paragraph 3, as well as for the implementation of the national plan.

>Original text>

5. If the Commission, in considering the plan, or in considering the progress reports submitted by the Member State pursuant to Article 10, is not satisfied that the objectives of the programme will be achieved within the prescribed period, it shall inform the Member State and the committee referred to in Article 13 of its opinion and of the reasons for reaching such an opinion. It shall do so within six months of receipt of the plan or report. The Member State shall then notify the Commission, within three months, of the corrective measures it will take in order to ensure that the objectives are achieved.

>Original text>

6. As regards the original plan, if the Commission decides within six months of the notification of the corrective measures that those measures are insufficient to ensure that the objective of the plan is achieved within the prescribed period, the Member State shall be obliged to satisfy the requirements of Article 5 (2), (3) and (4) and Annex III within the period specified in the Directive in the case of existing installations, and within 12 months of the date of the Commission's decision in the case of new installations.

(Amendment 23)

Article 15, first paragraph

>Original text>

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.

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Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within two years of its entry into force. They shall forthwith inform the Commission thereof.

(Amendment 24)

Annex I, second heading 'Coating processes¨, indent 'Vehicles¨, fourth subindent a (new)

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- rail vehicles (for local passenger services and long- distance transport),

(Amendment 25)

Annex I, fifth heading 'Dry Cleaning¨

>Original text>

- any process using volatile organic compounds to remove contamination from the following manufactured consumer goods: furs, leather, down feathers, textiles or other objects made of fibres.

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- 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.

(Amendment 26)

Annex I, twelfth heading 'Vehicle refinishing¨

>Original text>

- 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.

>Text following EP vote>

- all coating processes of a road vehicle as defined in Directive 70/156/EEC, or a part of it, or of a rail vehicle, 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.

(Amendment 27)

Annex III (A), first table, sixth entry

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(Amendment 28)

Annex III(A), first table, tenth entry

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(Amendment 29)

Annex III(A), first table, thirteenth entry

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(Amendment 30)

Annex III(A), first table, twentieth entry

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>TABLE>

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(Amendment 31)

Annex IV(1), second paragraph (new)

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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.

(Amendment 32)

Annex IV(4)(i)(c)

>Original text>

(c) For assessing compliance with the requirements of Article 5 (3) (b), the solvent management plan should be performed annually to determine total emissions from all processes concerned, and that figure should then be compared with the total emissions that would have resulted had the requirements of Annex III been met for each process separately.

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(c) For assessing compliance with the requirements of Article 5 (3) (b), the solvent management plan should be performed every three years to determine total emissions from all processes concerned, and that figure should then be compared with the total emissions that would have resulted had the requirements of Annex III been met for each process separately.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive on limitation of emissions of volatile organic compounds due to the use of organic solvents in certain industrial activities (COM(96)0538 - C4-0139/97 - 96/0276(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council (COM(96)0538 - 96/0276(SYN) ((OJ C 99, 26.3.1997, p. 32.)),

- having been consulted by the Council pursuant to Articles 189c and 130s(1) of the EC Treaty (C4-0139/97),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection and the opinion of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0406/97),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.