Amended proposal for a Council Directive on limitation of emissions of volatile organic compounds due to the use of organic solvents in certain industrial activities
Date: 1998-03-25
Institutions: European Commission
Subjects: environmental protection, industrial pollution, organic chemical, pollution control measures, solvent

COMMISSION OF THE EUROPEAN COMMUNITIES 

•It 

-if 

Brussels, 25.03.1998 
COM(1998) 190  final 

96/0276 (SYN) 

Amended proposal for a 

COUNCIL  DIRECTIVE 

on limitation of emissions of volatile organic compounds due to the use of organic solvents in certain 
industrial activities 

(presented by the Commission pursuant to Article  189 a (2) 
of the EC-Treaty) 

EXPLANATORY  MEMORANDUM 

Pursuant to Article  189 (a) paragraph 2 of the EC Treaty, the Commission  submits an amended 
Proposal  for  a Council  Directive  on  limitation  of volatile  organic  compounds  due to the use of 
organic  solvents  in  certain  industrial  activities.  The  amended  Proposal  takes  account  of  a 
number  of  amendments  from  the  European  Parliament  adopted  at  its  January  1998  Plenary 
Session. 

The Commission can accept in full  amendments 4,  13,  15,  17,  18, 21, 25, and  31, which  clarify 
or  further  the  principles  of  the  Commission  Proposal.  The  Commission  can  also  accept 
in 
principle amendment 23, and in part amendments 26 and 30. 

Amendment 23 seeks to replace in Article  15(1) the fixed transposition date (31 December 1999) 
by a date linked to the entry into force of the Directive.  The Commission accepts this principle, 
but prefers a shorter transposition period of 18 months. 

Amendment  26 aims to extend  in Annex I the vehicle refinishing  definition  to rail vehicles and 
vehicles of category O.  Since coating and processes for coating trailers are similar to those used 
in  the  vehicle  refinishing  sector,  the  Commission  considers  that  the  inclusion  of  category  O 
vehicle in this definition  is justified. 

Amendment  30  aims  to  raise  the  threshold  of  Annex  III(A)  concerning  the  pharmaceuticals 
manufacturing  sector from 50 tons/year to  100 tons/year and to specify  explicitly that the  fugitive 
emission  does  not  include  solvents  sold  with  finished  products  in  closed  container.  The 
Commission  accepts  this  latter  provision,  which  clarifies  the  Proposal,  but  cannot  accept  the 
doubling of the threshold for this sector. 

The Commission has not accepted  amendments  1, 2, 3, 5, 6, 7, 8, 9,  10,  11,  12,  14,  16,  19, 20, 
22, 24,27, 28,29, 32.  Commentary on these amendments follows:-

The  Commission  believes  that  the  Member  States  should  be  allowed  a  certain  flexibility  in 
attaining  the  environmental  goals  of  the  Directive.  In  enabling  Member  States  to  design  and 
implement  national  plans  tailored  to  their  own  industrial  profile,  Article  12  can  constitute  a 
flexible  and  cost-effective  means  of  reaching  the  same  global  emission  reductions  than  those 
pursuant  the  enforcement  of the  emission  limitations  laid  down  in  Annex  III  of  the  Directive. 
Therefore,  the  Commission  cannot  accept  amendments  6,  19 and  22,  which  totally  delete  the 
national plan option. 

Amendment  1 and  16, introducing  in Article  5(6) an obligation  to substitute  R40 substances by 
less harmful  ones within the shortest possible time is not accepted  by the Commission.  In view 
of the current state of knowledge, the Commission does not regard elimination as the appropriate 
risk  management  option  for  all  R40  substances.  The  Commission  considers  that  the  very 
stringent emission  controls that have been  laid down  for  these substances  constitute  a  sufficient 
incentive to investigate substitution solutions. 

Since occupational  health risk issues are outside the scope of this Proposal, amendments  2 and 
20  cannot  be  accepted.  However,  the  Commission  can  accept  the  inclusion  of  data  on  this 
important  aspect  in  the  framework  of  the  information  exchange  activity  that  it  will  have  to 
organise under Article 6.  Therefore, amendment  17 is accepted. 

Amendment 7 is not accepted, since the Treaty already contains the necessary  provisions to deal 
with the possibility for Member States to set more stringent requirements. 

Amendments  10 and  14 restricting  in Articles  2(1)  and 4(1) the authorisation procedure to those 
installations  falling  within  the  scope  of  Directive  96/61/CE  (IPPC)  cannot  be  accepted  by  the 
Commission.  In  line  with  the  subsidiarity  principle,  Member  States  should  be  free  to  decide 
which  procedure  (authorisation  or  registration)  should  be  followed  in  the  case  of  non-IPPC 
installations.  The Commission also considers that the specific  reference to the definition  of "best 
available technique' of Directive 96/61/CE, as suggested by amendment  5, is not desirable,  since 
this definition involves an integrated cross-media approach. 

Two  new  recitals  call  on  the  Commission  to  take  complementary  initiatives.  The  first  one  -
amendment  8 - relates to the request for a Directive on solvent-containing  products, such as paint 
and  do-it-yourself  products.  The  Commission  services  intend  to  launch  the  preparatory  work 
concerning  such an approach in  1998, but consider that it is premature to  give  any  commitment 
before  the  studies are completed.  The  second  recital  - amendment  9  -  asks the  Commission  to 
examine  how  installations  below  the  threshold  may  be  brought  within  the  scope  of  future 
regulatory  measures.  At  the  present  time,  it  is  not  the  intention  of  the  Commission  to 
supplement this Proposal by additional measures for smaller installations. 

Both  the  consumption  thresholds  and  the  emission  limitations  of  Annex  IIIA  have  been  fine-
tuned  on the  basis  of  several  studies  which  analysed  the  technical  and  economic  impact  of  the 
proposed measures in the various sectors covered by the scope of the proposal.  In particular, the 
Commission  took  great  care  to  avoid  introducing  excessive  burdens  on  small  and  medium 
enterprises.  Consequently,  amendments  3,  28,  29  establishing  more  stringent  emission  limits or 
modifying  the  scope  of  the  Proposal  are  not  accepted  by  the  Commission.  The  change  of 
threshold  foreseen  in  amendment  30,  which  weakens  the  requirements  of  the  Proposal,  is 
similarly not accepted by the Commission. 

In order to maintain consistency  with Directive  96/61/CE for those  installations  that are covered 
by both Directives, amendment  11, which increases by one year the timescale  in Article 2(12) for 
an installation to be considered as an existing one is not accepted by the Commission. 

The restriction by amendment  12 of the definition  of organic  solvents  laid down  in Article  2(16) 
is not accepted  by the  Commission.  Although  creosotes  do not contain  a solvent  carrier from a 
technical point of view, those creosotes  exceeding  the vapour pressure threshold  of the Proposal 
are emitted in the same way as other solvents, and should therefore be treated similarly. 

Amendments  24,  27,  and  part  of  amendment  26,  which  expand  in  Annexes  I  and  IIIA  the 
definition  of  vehicle  refinishing  to  the  coating  of  rail  vehicles,  are  not  accepted  by  the 
Commission,  since  the  Commission  considers  that  this  activity  is  better  controlled  in  the 
"metallic and plastic surfaces" section. 

Amendment  32, which  seeks  to reduce  the  frequency  for performing  solvent  management  plans 
to  every  three  years,  is  not  accepted  by  the  Commission,  since  Annex  IV  aims  to  provide 
guidance  to  industrial  operators  on  how  demonstrate  compliance  with  the  provisions  the 
Directive by means of solvent management plans. 

3-

Amended  proposal  for  a 

COUNCIL  DIRECTIVE 

on  limitation  of emissions  of volatile organic compounds due to the use of organic solvents in  certain 
industrial  activities 

ORIGINAL PROPOSAL 

AMENDED PROPOSAL 

Recital  17a (new) 

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

Article 2(20a) (new) 

20a. Solvent input 

The  quantity  of  organic  solvents,  either  neat  or 
bought-in  preparations,  used  in  the  installation  in 
the  period  during  which  conformity  with  fugitive 
emission 
is 
demonstrated,  including  the  quantity  of  solvents 
recovered  and 
the  unit 
(recycled  solvent  shall  be  counted  each  time  it  is 
recirculated^. 

limit  values  or  guide  values 

recirculated 

through 

Article 5(2a) (new) 

except  where 

2a.  The  fugitive  emission  limit  values  may  not  he 
exceeded. 
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. 

Article 6(1) 

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 
an 
potential 
in 
administratively  efficient  way,  to  consider 
the 
questions of fitness  for  use, potential  environmental 

substitutes 

place, 

takes 

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 
in  an 
administratively  efficient  way,  to  consider  the 
questions  of fitness  for  use, potential  environmental 

takes  place, 

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. 

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 
exchange of information  for each sector. 

the  results  of 

Article 7 

shall 

specify 
requirements, 
and 

Member 
States 
appropriate 
release-monitoring 
including' 
frequency, 
measurement  methodology 
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. 

For 

L 
installations  covered  by  Directive 
96/61/EEC. Member States shall specify  appropriate 
including 
release-monitoring 
measurement  methodology 
frequency, 
evaluation procedure and an obligation to supply the 
competent authority with data required  for  checking 
compliance with this Directive. 

requirements, 
and 

appropriate 

2»  For  other  installations.  Member  States  shall 
specify 
release-monitoring 
requirements, including measurement frequency and 
methodology, 
and  an 
obligation  to keep available  to or supply  on  request 
the  competent  authority  with  the  data  required  for 
checking compliance with this Directive. 

evaluation  procedures 

1  These  requirements  shall  take  account  of Annex 
HUB) and  the  specific  circumstances  in  the  sector 
involved and the quantities discharged. 

fL  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,  or  be  quantified  bv  any  other 
equivalent method. 

Article  10(2a)(new) 

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. theJir^Kpjjiii^buiiUtfd 
bv the Member  States.  It shall  submit  this report  to 
the  Council  and  Parliament  accompanied  by 
proposals if necessary. 

Article  15, first  paragraph 

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 
the 
Commission thereof. 

inform 

Member  States  shall  bring  into  force  the  laws, 
regulations  and  administrative  provisions  necessary 
to  comply  with  this  Directive  within  18 months  of 
its  entry  into  force  of  this  Directive.  They  shall 
forthwith  inform the Commission thereof. 

Dry cleaning 

Dry cleaning 

Annex I, fifth  heading 

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

contamination 

from 

thfi 

-  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. 

Annex I, twelfth  heading "Vehicle  refinishing" 

Vehicle  refinishing 

Vehicle  refinishing 

-  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. 

-  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, or where  the  vehicle  is 
of category 0. 

Annex 111(A), first table, twentieth entry 

20  Manufacture of 
pharmaceuticals 
(>50) 

5 

15 

20 
(1) 

(l)If 
techniques 
are used 
which allow 
reuse of 
recovered 
solvent, the 
emission 
limit shall be 
150. 

20  Manufacture of 
pharmaceuticals 
(>50) 

20 

(1) 

5 
0) 

15 
0) 

(l)If 
techniques 
are used 
which allow 
reuse of 
recovered 
solvent, the 
emission 
limit shall be 
150.. 

<2)The 
fugitive 
emission 
limit does not 
include 
solvents sold 
with finished 
products in a 
closed 
container 

Annex IV(1), second paragraph (new) 

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. 

8-

ISSN 0254-1475 

COM(98) 190 final 

DOCUMENTS 

EN 

14  03  15  10 

Catalogue number  :  CB-C0-98-197-EN-C 

ISBN 92-78-32544-9 

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