EUROPEAN COMMISSION Brussels, 7.3.2017 COM(2017) 118 final REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL under Article 7 of Directive 2009/126/EC of the European Parliament and of the Council of 21 October 2009 on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations



Table of contents 1.Introduction 2.The VOC-II Directive 2.1.What does the Directive do? 2.2.What are the key measures? 2.3.Adaptation to technical progress 3.Implementation of the VOC-II Directive 3.1.General transposition and implementation 3.2.Article 7 implementation review 3.2.1.100 m³/year threshold 3.2.2.In-service compliance record 3.2.3.Automatic monitoring equipment 4.evaluation of the VOC-II Directive 4.1.Background 4.2.Result 5.Conclusion



1.Introduction

Petrol storage and distribution is a source of emissions to air of volatile organic compounds (VOCs). These are precursors of tropospheric ozone (also referred to as ground-level ozone), a greenhouse gas which causes health problems and damages vegetation (thus reducing crop yields). In addition, some VOCs, such as benzene and toluene, also have harmful properties, e.g. chronic or acute toxicity. Two complementary directives aim jointly to reduce VOC emissions from the storage and distribution of petrol: Directive 94/63/EC concerning emissions of volatile organic compounds (VOC) from the storage of petrol and distribution from terminals to service stations (the VOC-I Directive), which covers refineries and the delivery of petrol to service stations; and Directive 2009/126/EC concerning petrol vapour recovery during refuelling of motor vehicles at service stations (the VOC-II Directive). Article 7 of the VOC-II Directive requires the Commission to review its implementation (in particular certain technical issues) and to report its findings to the European Parliament and the Council. In its Communications on Regulatory Fitness and Performance (REFIT): results and next steps and the REFIT State of play and outlook, the Commission announced that it was launching the evaluation of both VOC Directives. It was decided that it would be most efficient to carry out the implementation review of the VOC-II Directive and the evaluation of the two VOC Directives in parallel. Full details on the review and evaluation can be found in Commission Staff Working Document on the REFIT evaluation of Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations and Directive 2009/126/EC on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations (SWD(2017)65) and the study commissioned to support this work. This report focuses on the outcome of the implementation review and the follow-up to the evaluation of the VOC-II Directive. 2.The VOC-II Directive 2.1.What does the Directive do? The VOC-II Directive ensures the recovery of harmful petrol vapour that would otherwise be emitted during the refuelling of a motor vehicle at a service station. Eventually, all petrol pumps in the EU (except at service stations with very small annual throughputs) will have to be equipped to recover this vapour. 2.2.What are the key measures? The Directive applies to new service stations, and those that have undergone major refurbishment, that have an annual throughput of over 500 m3 of petrol, and service stations with an annual throughput of over 100 m3 that are located under living accommodation (Art. 3(1) and (2)). It requires them to install ‘stage II’ petrol vapour recovery (PVR) systems. Large service stations (with an annual throughput in excess of 3 000 m3) must install PVR systems by 2018 (Art. 3(3)). The PVR equipment must be certified by the manufacturer in accordance with relevant technical standards and be able to capture at least 85 % of the petrol vapour (Art. 4). Its efficiency must be tested once a year, or every three years if the service station has automatic monitoring equipment (Art. 5(1) and (2)). Service stations that have installed PVR equipment must notify consumers of the fact by placing a sign, sticker or other notification on or around the petrol dispenser (Art. 5(3)). 2.3.Adaptation to technical progress In accordance with Article 8 of the Directive, a harmonised test method to determine the efficiency of PVR systems was established by Directive 2014/99/EU, which amended Articles 4 and 5 of the VOC-II Directive to include references to standards EN 163211:2013 and EN 16321-2:2013 respectively. 3.Implementation of the VOC-II Directive 3.1.General transposition and implementation The Directive has been transposed into national law by all Member States, albeit with a delay in some cases. Infringement proceedings for late transposition were launched in March 2012 against 11 Member States: Austria, Bulgaria, Cyprus, Germany, Greece, Italy, Poland, Portugal, Romania, Slovenia and Sweden. The proceedings were closed in 2012 in nine cases and in 2013 in the other two, after the Member States concerned had notified all their transposing measures.

Of all service stations in the EU, 72 % are currently fitted with stage II systems. Given that smaller service stations are exempt and not all implementation deadlines have passed (see section 2.2 above), this high rate suggests that good progress is being made. As shown in Figure 1 , however, the situation varies significantly across Member States: while 15 Member States have reached or exceed the average of 72 %, others seem to be lagging behind. Stakeholders’ replies to the consultation indicate that most Member States have encountered few, if any, technical issues or interpretation problems in implementing the Directive. This can be partly explained by the fact that many already had legislation in this area. Some individual issues were mentioned, such as a lack of clarity as to the meaning of ‘major refurbishment’; however these are being clarified through discussion and exchange of experience with Member States. 3.2.Article 7 implementation review Article 7 of the Directive requires the Commission to review in particular: (a)the 100 m3/year threshold referred to in Article 3(1)(b) and (2)(b) of the Directive and Article 6(3) of Directive 94/63/EC; (b)the in-service compliance record of stage II PVR systems; and (c)the need for automatic monitoring equipment. 3.2.1.The 100 m³/year threshold The Directive imposes obligations on service stations with an annual throughput of over 100 m3 (Art. 3(1) and (2)). It was considered that, below this threshold, the cost associated with the measures would not be proportionate to the potential environmental benefits. The consultation showed that stakeholders generally accepted the threshold as appropriate and that such exemptions for small stations also apply outside the EU. Only 7 out of 45 responded that the threshold should be higher, whereas 3 Member States and 3 industry stakeholders called for a lower threshold. Lowering the threshold would however not currently be justified given the scale of potential emission reductions and the additional cost involved. 3.2.2.In-service compliance record Article 4 of the Directive sets out minimum efficiency standards for recovery equipment. Article 5 provides for periodic checks to verify performance. The assessment showed that commercially available equipment can achieve vapour recovery efficiency of 8595 %. However, for systems installed at stations before the obligations entered into force, it was not always possible to retrieve the necessary documentation. The degree of efficiency varies in practice according to the specific equipment and how it is used. It is also influenced by external factors such as temperature and fuel composition. Generally, equipment was found to work according to the minimum standard obligations, but the analysis also highlighted the importance of routine (at least annual) tests, as the vapour/petrol ratio can easily deviate from optimal values. Some Member States also require testing of ‘vapourtightness’, which is not obligatory under the Directive. 3.2.3.Automatic monitoring equipment The Directive does not require the use of automatic monitoring equipment, but provides for reliefs in the control schedule if such equipment is installed (Art. 5(2)). However, automatic monitoring equipment could prevent increased emissions, e.g. due to bad maintenance (see previous section). It emerged from the stakeholder consultation that the use of automatic monitoring systems is mandatory in three Member States, with uptake generally low in those where use is voluntary. The main barriers to uptake are high cost and lack of knowledge. The potential for additional emission reductions from the generalised use of automatic monitoring systems throughout the EU appears to be limited. The voluntary approach allowed industry or Member States to adopt such systems where it was deemed useful, e.g. in the light of national circumstances.