COMMON POSITION (EC) No 40/98 adopted by the Council on 16 June 1998 with a view to adopting Council Directive 98/.../EC of ... on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations
Date: 1998-06-16
Institutions: Council of the European Union
Subjects: environmental monitoring, industrial pollution, organic chemical, pollution control measures, solvent, substitute product

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 40/98

adopted by the Council on 16 June 1998

with a view to adopting Council Directive 98/. . ./EC of . . . on the limitation of emissions of
volatile organic compounds due to the use of organic solvents in certain activities and
installations

(98/C 248/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 130s(1) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Acting in accordance with the procedure laid down in
Article 189c of the Treaty (3),

action to concentrate, inter alia, on implementation
of appropriate standards in order to ensure a high
level of public health and environmental protection;

on

long-range

(3) Whereas the European Community and its Member
to the 1979
States are parties to the Protocol
air
Convention
pollution concerning the control of emissions of
volatile organic compounds in order to reduce their
transboundary fluxes and the fluxes of the resulting
secondary photochemical oxidant products so as to
protect human health and the environment from
adverse effects;

transboundary

(1) Whereas

the

European

Community

action
programme on the environment approved by the
Council and the representatives of the Governments
of the Member States meeting within the Council by
resolutions of 22 November 1973 (4), 17 May
1977 (5), 7 February 1983 (6), 19 October 1987 (7)
and 1 February 1993 (8) stresses the importance of
the prevention and reduction of air pollution;

(2) Whereas in particular the resolution of 19 October
the importance of Community

1987 emphasises

(1) OJ C 99, 26.3.1997, p. 32.
(2) OJ C 287, 22.9.1997, p. 55.
(3) Opinion of the European Parliament of 14 January 1998 (OJ
C 34, 2.2.1998, p. 83), Council Common Position of 16 June
1998 and Decision of the European Parliament of . . . (not yet
published in the Official Journal).

(4) OJ C 112, 20.12.1973, p. 1.
(5) OJ C 139, 13.6.1977, p. 1.
(6) OJ C 46, 17.2.1983, p. 1.
(7) OJ C 328, 7.12.1987, p. 1.
(8) OJ C 138, 1.2.1993, p. 1.

(4) Whereas

to

pollution

organic
due
compounds in one Member State often influences
the air and water of other Member States; whereas,
in accordance with Article 130r of the Treaty, action
at Community level is necessary;

volatile

(5) Whereas, because of their characteristics, the use of
organic solvents in certain activities and installations
gives rise to emissions of organic compounds into
the air which can be harmful for public health and/
to the local and transboundary
or contributes
formation
the
photochemical
of
boundary layer of
the troposphere which cause
damage to natural resources of vital environmental
and economic
certain
exposure conditions, has harmful effects on human
health;

and, under

importance

oxidants

in

(6) Whereas the high incidence of high tropospheric
ozone concentrations in recent years has triggered
widespread concern regarding the impact on public
health and the environment;

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(7) Whereas, therefore, preventive action is required to
protect public health and the environment against
the consequences of particularly harmful emissions
from the use of organic solvents and to guarantee
healthy
the
citizens
environment;

clean

right

and

to

a

reduced
because

in many
potentially

(8) Whereas emissions of organic compounds can be
and
or
avoided
installations
harmful
substitutes are available or will become available
within
years; whereas, where
appropriate substitutes are not available, other
should be taken to reduce
technical measures
emissions
as much as
economically and technically feasible;

activities
less

environment

into the

coming

the

(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;

(10) Whereas installations and processes which fall under
this Directive should at least be registered if they are
not subject to authorisation under Community or
national legislation;

(11) Whereas existing installations and activities should,
where appropriate, be adapted so that within an
appropriate period they meet
the requirements
established for new installations and activities;
whereas that period should be consistent with the
timetable for compliance of Council Directive 96/61/
EC of 24 September 1996 concerning integrated
pollution prevention and control (1);

(12) Whereas the relevant parts of existing installations
which undergo substantial change must, as a matter
of principle, meet the new installation standards for
the substantially changed equipment;

(13) Whereas organic
types of

solvents
installations and activities

are used by many
so
different
that,
in addition to general requirements, specific
requirements should be defined and, at the same
time, thresholds for the size of the installations or
activities which have to comply with this Directive;

for organic

(14) Whereas a high level of environmental protection
requires the setting and achievement of emission
limits
compounds and appropriate
operating conditions — in accordance with the
principle of best available techniques — for certain
installations and activities using organic solvents
within the Community;

(1) OJ L 257, 10.10.1996, p. 26.

(15) Whereas in some cases Member States may exempt
operators from complying with the emission limit
values because other measures, such as the use of
low-solvent or solvent-free products or techniques,
provide alternative means of achieving equivalent
emission reductions;

(16) Whereas emission-limiting measures adopted before
the entry into force of this Directive should be taken
into account in an appropriate way;

(17) 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 exempt
from
they
compliance with the
implement a national plan, which will, within the
timetable for implementation of this Directive, lead
least equal reduction in emissions of
to an at
and
organic
installations;

existing installations
if
emission limits

from these

compounds

activities

(18) Whereas existing installations falling under Directive
96/61/EC which are covered by a national plan can
under no circumstances be exempted from the
provisions of that Directive, including Article 9(4)
thereof;

(19) 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;

(20) Whereas

for dry cleaning a zero threshold is

appropriate, subject to specified exemptions;

(21) Whereas monitoring of

the

emissions

required,
including
of measurement
techniques, to assess the mass concentrations or the
quantity of the pollutants whose release into the
environment is permitted;

application

is

(22) Whereas operators

should reduce

emissions of
organic solvents, including fugitive emissions, and of
organic compounds; whereas a solvent management
plan is an important tool to verify this; whereas,
solvent
although guidance may be given,
management plan is not developed to the stage
where
be
established;

a Community methodology

can

the

(23) Whereas Member

to establish a
procedure to be followed and measures to be taken
where emission limitations are exceeded;

States have

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collaborate

(24) Whereas the Commission and the Member States
should
that
in
information on the implementation of this Directive
and on the progress of
is
exchanged,

substitution options

ensure

order

to

HAS ADOPTED THIS DIRECTIVE:

Article 1

Purpose and scope

The purpose of this Directive is to prevent or reduce the
direct and indirect effects of emissions of volatile organic
compounds into the environment, mainly into air, and the
potential risks to human health, by providing measures
and procedures
the activities
defined in Annex I, in so far as they are operated above
the solvent consumption thresholds listed in Annex IIA.

to be implemented for

Article 2

Definitions

For the purposes of this Directive:

1. installation shall mean a stationary technical unit
where one or more activities falling within the scope
defined in Article 1 are carried out, and any other
directly associated activities which have a technical
connection with the activities carried out on that site
and which could have an effect on emissions;

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;

3. small

installation shall mean an installation which
falls within the lower threshold band of items 1, 3, 4,
5, 8, 10, 13, 16 or 17 of Annex IIA or for the other
activities of Annex IIA which have a solvent
consumption of less than 10 tonnes/year;

4. substantial change

— for an installation falling within the scope of
shall have the definition

Directive 96/61/EC,
specified in that Directive,

emissions of volatile organic compounds of more
than 25 %. Any change that may have,
in the
the competent authority, significant
opinion of
negative
the
health
on
environment is also a substantial change,

human

effects

or

— for all other installations, shall mean a change of
the nominal capacity leading to an increase of
emissions of volatile organic compounds of more
than 10 %. Any change that may have,
in the
the competent authority, significant
opinion of
negative
the
health
on
environment is also a substantial change,

human

effects

or

5. competent authority shall mean the authority or
authorities or bodies
the legal
provisions of the Member States for carrying out the
obligations arising from this Directive;

responsible under

6. operator shall mean any natural or legal person who
operates or controls the installation or, where this is
provided for in national legislation, to whom decisive
economic power over the technical functioning of the
installation has been delegated;

7. authorisation shall mean a written decision by which
the competent authority grants permission to operate
all or part of an installation;

involving at

8. registration shall mean a procedure, specified in a
legal act,
least notification to the
competent authority by the operator of the intention
to operate an installation or activity falling within the
scope of this Directive;

9. emission shall mean any discharge of volatile organic
compounds from an installation into the environment;

10. fugitive emissions shall mean any emissions not in
waste gases of volatile organic compounds into air,
soil and water as well as, unless otherwise stated in
Annex IIA, solvents contained in any products. They
include uncaptured emissions released to the outside
environment via windows, doors, vents and similar
openings;

11. waste gases shall mean the final gaseous discharge
containing volatile organic
compounds or other
pollutants, from a stack or abatement equipment into
air. The volumetric flow rates shall be expressed in
m3/h at standard conditions;

— for a small installation, shall mean a change of the
capacity leading to an increase of

nominal

12. total emissions

shall mean the sum of

fugitive

emissions and emissions in waste gases;

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13. emission limit value shall mean the mass of volatile
organic compounds, expressed in terms of certain
specific parameters, concentration, percentage and/or
level
standard
conditions, N, which may not be exceeded during one
or more periods of time;

calculated

emission,

an

of

at

14. substances shall mean any chemical element and its
compounds, as they occur in the natural state or as
produced by industry, whether in solid or liquid or
gaseous form;

15. preparation

shall mean mixtures
composed of two or more substances;

or

solutions

16. organic

compound shall mean any

compound
containing at least the element carbon and one or
more of hydrogen, halogens, oxygen,
sulphur,
phosphorus, silicon or nitrogen, with the exception of
carbon
and
bicarbonates;

carbonates

inorganic

oxides

and

17. volatile organic compound (VOC) shall mean any
organic compound having at 293,15 (cid:30)K a vapour
a
pressure of 0,01 kPa or more, or having
corresponding
particular
conditions of use. For the purpose of this Directive,
the fraction of creosote which exceeds this value of
vapour pressure at 293,15 (cid:30)K shall be considered as a
VOC;

volatility

under

the

18. organic solvent shall mean any VOC which is used
in combination with other agents, and
alone or
without undergoing a chemical change, to dissolve
raw materials, products or waste materials, or is used
as a 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
plasticiser, or as a preservative;

19. halogenated organic solvent shall mean an organic
solvent which contains at least one atom of bromine,
chlorine, fluorine or iodine per molecule;

20. coating shall mean any preparation, including all the
organic solvents or preparations containing organic
solvents necessary for its proper application, which is
used to provide a decorative, protective or other
functional effect on a surface;

21. adhesive shall mean any preparation, including all the
organic solvents or preparations containing organic
solvents necessary for its proper application, which is
used to adhere separate parts of a product;

22. ink shall mean a preparation, including all the organic
solvents or preparations containing organic solvents

necessary for its proper application, which is used in a
printing activity to impress text or images on to a
surface;

23. varnish shall mean a transparent coating;

24. consumption shall mean the total

input of organic
solvents into an installation per calendar year, or any
other 12-month period,
that are
recovered for re-use;

less any VOCs

25. input shall mean the quantity of organic solvents and
their quantity in preparations used when carrying out
an activity, including the solvents recycled inside and
outside the installation, and which are counted every
time they are used to carry out the activity;

26. re-use of organic solvents shall mean the use of
organic solvents recovered from an installation for
any technical or commercial purpose and including
use as a fuel but excluding the final disposal of such
recovered organic solvent as waste;

27. mass flow shall mean the quantity of VOCs released,

in unit of mass/hour;

28. nominal capacity shall mean the maximum mass input
of organic solvents by an installation averaged over
one day,
installation is operated under
conditions of normal operation at its design output;

the

if

29. normal operation shall mean all periods of operation
of an installation or activity except start-up and shut-
down operations and maintenance of equipment;

30. contained conditions shall mean conditions under
which an installation is operated such that the VOCs
released from the activity are collected and discharged
in a controlled way either via a stack or abatement
equipment and are therefore not entirely fugitive;

31. standard conditions shall mean a temperature of

273,15 (cid:30)K and a pressure of 101,3 kPa;

32. average over 24 hours shall mean the arithmetic
average of all valid readings taken during the 24-hour
period of normal operation;

33. start-up and shut-down operations

shall mean
operations whilst bringing an activity, an equipment
item or a tank into or out of service or into or out of
an idling state. Regularly oscillating activity phases
are not to be considered as start-ups and shut-downs.

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Article 3

values,
Annex IIA;

and other

requirements

laid down in

Obligations applying to new installations

or

Member States shall adopt
ensure that:

the necessary measures to

1.

all new installations comply with Articles 5, 8 and 9;

2.

all new installations not covered by Directive 96/61/
EC are registered or undergo authorisation before
being put into operation.

Article 4

Obligations applying to existing installations

Without prejudice to Directive 96/61/EC, Member States
shall adopt the necessary measures to ensure that:

1.

2.

3.

existing installations comply with Articles 5, 8 and 9
no later than 31 October 2007;

all existing installations must have been registered or
authorised by 31 October 2007 at the latest;

those installations to be authorised or registered using
the reduction scheme of Annex IIB notify this to the
competent authorities by 31 October 2005 at the
latest;

4. where an installation:

— undergoes a substantial change, or

— comes within the scope of this Directive for the

first time following a substantial change,

that part of
the installation which undergoes the
substantial change shall be treated either as a new
installation or as an existing installation, provided
that the total emissions of the whole installation do
not exceed those that would have resulted had the
substantially changed part been treated as a new
installation.

Article 5

Requirements

1. Member States shall take the appropriate measures,
either
the
in
authorisation or by general binding rules to ensure that
paragraphs 2 to 12 are complied with.

specification

conditions

the

by

of

(b)

the requirements of the reduction scheme specified in
Annex IIB.

it

value. However, where

3. (a) For fugitive emissions, Member States shall apply
to installations as an
fugitive emission values
emission limit
is
demonstrated to the satisfaction of the competent
authority that for an individual
installation this
value is not technically and economically feasible,
the competent authority can make an exception
for such an individual installation provided that
the
to
significant
health
environment are not
to be expected. For each
derogation, the operator must demonstrate to the
satisfaction of the competent authority that the
best available technique is being used;

human

risks

or

(b) activities which

be

cannot

operated

under
contained conditions may be exempted from the
controls of Annex IIA, when this possibility is
explicitly mentioned in that Annex. The reduction
scheme of Annex IIB is then to be used, unless it is
demonstrated to the satisfaction of the competent
authority that this option is not technically and
economically feasible. In this case, the operator
the
to the
must demonstrate
competent
available
that
technique is being used.

satisfaction of
the best

authority

Member States shall report to the Commission on the
derogation
in
accordance with Article 11.

paragraphs

concerning

and

(b)

(a)

4.
For installations not using the reduction scheme, any
abatement equipment installed after the date on which this
Directive
the
into effect
requirements of Annex IIA.

shall meet all

is brought

5.
Installations where two or more activities are carried
out, each of which exceeds the thresholds in Annex IIA
shall:

(a) as regards the substances specified in paragraphs 6, 7
and 8, meet the requirements of those paragraphs for
each activity individually;

(b) as regards all other substances, either:

2.

All installations shall comply with:

(i) meet the requirements of paragraph 2 for each

activity individually; or

(a) either the emission limit values in waste gases and the
fugitive emission values, or the total emission limit

(ii) have total emissions not exceeding those that
would have resulted had point (i) been applied.

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6.
Substances or preparations which, because of their
content of VOCs classified as carcinogens, mutagens, or
toxic to reproduction under Directive 67/548/EEC (1), are
assigned or need to carry the risk phrases R45, R46, R49,
R60, R61, shall be replaced, as far as possible and by
taking into account
the guidance as mentioned in
Article 7(1), by less harmful substances or preparations
within the shortest possible time.

the VOCs

For discharges of

7.
referred to in
paragraph 6, where the mass flow of the sum of the
compounds causing the labelling referred to in that
paragraph is greater than, or equal to, 10 g/h, an emission
limit value of 2 mg/Nm3 shall be complied with. The
emission limit value refers
the
individual compounds.

to the mass

sum of

8.
For discharges of halogenated VOCs which are
assigned the risk phrase R40, where the mass flow of the
sum of the compounds causing the labelling R40 is greater
than, or equal to, 100 g/h, an emission limit value of 20
mg/Nm3 shall be complied with. The emission limit value
refers to the mass sum of the individual compounds.

The discharge of VOCs referred to in paragraphs 6 and 8
shall be controlled as emissions from an installation under
contained
and
economically feasible to safeguard public health and the
environment.

technically

conditions

far

as

as

9. Discharges of those VOCs which, after the entry into
force of this Directive, are assigned or need to carry one
of the risk phrases mentioned in paragraphs 6 and 8, shall
have to comply with the emission limit values mentioned
in paragraphs 7 and 8 respectively, within the shortest
possible time.

All appropriate precautions

10.
minimise emissions during start-up and shut-down.

shall be taken to

Existing

existing
11.
abatement equipment and comply with the following
emission limit values:

installations which

operate

— 50 mg C/Nm3 in the case of incineration,

— 150 mg C/Nm3 in the case of any other abatement

equipment,

shall be exempt from the waste gases emission limit values
in the table in Annex IIA for a period of 12 years after the

date referred to in Article 15, provided the total emissions
of the whole installation do not exceed those that would
have resulted had all the requirements of the table been
met.

12. Neither the reduction scheme nor the application of
paragraph
installations
discharging substances specified in paragraphs 6, 7 and 8
from fulfilling the requirements of those paragraphs.

nor Article

exempt

11

6

a

is

carried out

risk assessment

13. Where
in
accordance with Regulation (EEC) No 793/93 (2) or
Directive 88/379/EEC (3) of any of the substances causing
the labelling R40, R60 or R61 which are controlled under
the
this Directive,
the Commission shall
conclusions of
take the
necessary measures as appropriate.

the risk assessment and shall

consider

Article 6

National plans

1. Without prejudice to Directive 96/61/EC, Member
States may define and implement national plans
for
reducing emissions
from the activities and industrial
installations covered by Article 1, excluding activities 4
and 11 of Annex IIA. None of the other activities may be
excluded from the scope of this Directive by means of a
national plan. These plans shall result in a reduction of
the annual emissions of VOCs from existing installations
covered by this Directive by at least the same amount and
within the same time frame as would have been achieved
by applying the emission limits under Article 5(2) and (3)
and Annex II, during the validity period of the national
if necessary updated, will be
plan. The national plan,
resubmitted to the Commission every three years.

exempt

A Member State which defines and implements national
from
plans may
implementation of the emission limit values laid down in
Article 5(2) and (3) and Annex II. A national plan may
under no circumstances exempt an existing installation
from the provisions laid down in Directive 96/61/EC.

installations

existing

2.
A national plan shall include a list of the measures
taken or to be taken to ensure that the aim specified in
including details of the
paragraph 1 will be achieved,
proposed plan monitoring mechanism. It shall also include
binding interim reduction targets against which progress
towards the aim can be measured. It shall be compatible
legislation,
with

existing Community

relevant

the

(1) OJ 196, 16.8.1967, p. 1. Directive as last amended by
Commission Directive 97/69/EC (OJ L 343, 13.12.1997,
p. 19).

(2) OJ L 84, 5.4.1993, p. 1.
(3) OJ L 187, 16.7.1988, p. 14. Directive as last amended by

Directive 96/65/EC (OJ L 265, 18.10.1996, p. 15).

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including the relevant provisions of this Directive, and
shall include:

— an identification of the activity or activities to which

the plan applies,

achieved within the prescribed period, the Member State
shall be obliged to satisfy the requirements of Article 5(2)
and (3) and Annex II within the period specified in this
case of
Directive
existing installations. The
in the
inform the committee referred to in
Commission shall
Article 13 of its decision.

— the reduction in emissions to be achieved by those
activities which corresponds to that which would have
been achieved by applying the emission limits as
specified in paragraph 1,

— the number of installations affected by the plan and
their total emissions and the total emission of each of
the activities.

The plan shall also include a full description of the range
of instruments through which its requirements will be
achieved,
instruments will be
enforceable and details of the means by which compliance
with the plan will be demonstrated.

evidence

these

that

be

plan must

The Member State shall submit

the plan to the
3.
Commission. The
by
accompanied
supporting documentation sufficient to verify that the aim
any
of paragraph 1 will be
documentation specifically requested by the Commission.
Existing installations undergoing a substantial change shall
remain within the scope of the national plan, provided
that they were part of this plan before undergoing such
substantial change.

achieved,

including

Article 7

Substitution

The Commission shall ensure that an exchange of
1.
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
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
the
Commission shall publish guidance for each activity.

exchange of

information,

environment

and

and

the

the

shall

the guidance
2. Member States
referred to in paragraph 1 is taken into account during
authorisation and during the formulation of general
binding rules.

ensure

that

The Member State

4.
authority for
collection and evaluation of
information required by paragraph 3 and for
implementation of the national plan.

shall designate a national
the
the

the

5. (a) The Commission shall

committee
the criteria for
referred to in Article 13 of
assessing national plans, one year after the entry
into force of this Directive at the latest.

inform the

(b)

shall

in considering the plan, the
If the Commission,
resubmitted plan, or in considering the progress
reports submitted by the Member State under
Article 11, is not satisfied that the objectives of the
plan will be achieved within the prescribed period,
it
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 and inform the committee, within
three months, of the corrective measures it will
take in order to ensure that the objectives are
achieved.

Article 8

Monitoring

1. Member States shall introduce an obligation for the
operator of an installation covered by this Directive to
supply the competent authority once a year or on request
with data that enables the competent authority to verify
compliance with this Directive.

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.

3.
In the other cases, Member States shall ensure that
either continuous or periodic measurements are carried
out. For periodic measurements at least three readings
shall be obtained during each measurement exercise.

4. Measurements are not required in the case where
end-of-pipe abatement equipment is not needed to comply
with this Directive.

6.
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

5.
The Commission shall organise an exchange of
information on the use of solvent management plans in

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Member States based on the data for the implementation
of this Directive in the three years following the date
referred to in Article 15.

Article 10

Non-compliance

Article 9

Compliance with emission limit values

Compliance with

1.
demonstrated to the
authority:

the

following

satisfaction of

the

shall
be
competent

— emission limit values in waste gases, fugitive emission

values and total emission limit values,

— the requirements of

the reduction scheme under

Annex IIB,

— the provisions of Article 5(3).

Guidance is provided in Annex III on solvent management
plans
serving to demonstrate compliance with these
parameters.

Gas volumes may be added to the waste gas for cooling or
dilution purposes where technically justified but shall not
be considered when determining the mass concentration of
the pollutant in the waste gas.

Following a substantial change, compliance shall be

2.
reverified.

In the case of continuous measurements the emission

3.
limit values shall be considered to be complied with if:

(a) none of

the averages over 24 hours of normal

operation exceeds the emission limit values; and

(b) none of the hourly averages exceeds the emission limit

values by more than a factor of 1,5.

4.
In the case of periodic measurements the emission
limit values shall be considered to be complied with if, in
one monitoring exercise:

(a)

the average of all the readings does not exceed the
emission limit values; and

(b) none of the hourly averages exceeds the emission limit

value by more than a factor of 1,5.

5.
Compliance with the provisions of Article 5(7) and
(8) shall be verified on the basis of the sum of the mass
concentrations
organic
compounds concerned. For all other cases, compliance
shall be verified on the basis of the total mass of organic
carbon emitted unless otherwise specified in Annex IIA.

individual

volatile

the

of

Member States shall take appropriate measures to ensure
that, if it is found that the requirements of this Directive
have been breached:

(a)

(b)

the operator informs the competent authority and
takes measures to ensure that compliance is restored
within the shortest possible time;

in cases of non-compliance causing immediate danger
to human health and as long as compliance is not
restored under
the conditions of paragraph (a),
operation of the activity is suspended.

Article 11

Information systems and reporting

At intervals of three years, Member States shall send
1.
information to the Commission on the implementation of
this Directive in the form of a report. The report shall be
drawn up on the basis of a questionnaire or outline
drafted by the Commission in accordance with the
procedure laid down in Article 6 of Directive 91/692/
EEC (1). The questionnaire or outline shall be sent to the
Member States six months before the start of the period
covered by the report. The report shall be made to the
Commission within nine months of the end of the three-
year period covered by it. Member States shall publish the
reports produced at the same time as they are transmitted
to the Commission, subject to the restrictions laid down in
Article 3(2) and (3) of Directive 90/313/EEC (2). The first
report shall cover the period of the first three years after
the date referred to in Article 15.

include sufficient

The information submitted under paragraph 1 shall,
2.
representative data to
in particular,
demonstrate that the requirements of Article 5 and as the
case may be, the requirements of Article 6 have been
complied with.

The Commission shall draw up a report on the
3.
implementation of this Directive on the basis of the data
provided by the Member States at the latest five years
after the first reports are submitted by the Member States.
The Commission shall submit this report to the European
Parliament and the Council, accompanied by proposals if
necessary.

Article 12

Public access to information

1. Without prejudice to Directive 90/313/EEC, Member
States shall take the necessary measures to ensure that at

(1) OJ L 377, 31.12.1991, p. 48.
(2) OJ L 158, 23.6.1990, p. 56.

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least applications for authorisation for new installations or
for substantial changes of those installations requiring a
permit under Directive 96/61/EC are made available for
an appropriate period of time to the public, to enable it to
comment on them before the competent authority reaches
a decision. Without prejudice to Directive 96/61/EC, no
obligation to reformat the information for the public is
implied.

The decision of the competent authority, including at least
a copy of the authorisation, and any subsequent updates,
must also be made available to the public.

Article 14

Sanctions

Member States shall determine the sanctions applicable to
breaches of the national provisions adopted pursuant to
this Directive and shall take all necessary measures for
their implementation. The sanctions determined must be
effective, proportionate and dissuasive. Member States
shall notify these provisions to the Commission at the
latest by the date mentioned in Article 15, and shall notify
any subsequent modification of them as soon as possible.

The general binding rules applicable for installations and
the list of registered and authorised activities shall be
made available to the public.

Article 15

Transposition

2.
The results of emission-monitoring as required under
the authorisation or registration conditions referred to in
Articles 8 and 9 and held by the competent authority must
be made available to the public.

regarding grounds

Paragraphs 1 and 2 shall apply, subject

to the
3.
restrictions
refusal by public
authorities to provide information, including commercial
laid down in Article 3(2)
and industrial confidentiality,
and (3) of Directive 90/313/EEC.

for

shall bring into force the laws,
1. Member States
regulations and administrative provisions necessary to
comply with this Directive not later than . . . (*). They
shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall
contain a reference
shall be
accompanied by such a reference on the occasion of their
official publication. The methods of making such a
reference shall be laid down by the Member States.

to this Directive or

Article 13

Committee

States

2. Member
the
shall
Commission the text of the main provisions of national
law which they adopt
in the field covered by this
Directive.

communicate

to

The Commission shall be assisted by a committee of an
advisory nature composed of the representatives of the
Member States and chaired by the representative of the
Commission.

The representative of the Commission shall submit to the
committee a draft of
the measures to be taken. The
committee shall deliver its opinion on the draft, within a
time limit which the chairman may lay down according to
the urgency of the matter, if necessary by taking a vote.

The opinion shall be recorded in the minutes; in addition,
each Member States shall have the right to ask to have its
position recorded in the minutes.

The Commission shall take the utmost account of the
opinion delivered by the committee. It shall inform the
committee of the manner in which its opinion has been
taken into account.

Article 16

Entry into force

This Directive shall enter into force on the day of its
publication in the Official
the European
Communities.

Journal of

Article 17

Addressees

This Directive is addressed to the Member States.

Done at . . .

For the Council

The President

(*) 24 months after the entry into force of this Directive.

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ANNEX I

SCOPE

This Annex contains the categories of activity referred to in Article 1. When operated above the thresholds
listed in Annex IIA, the activities mentioned in this Annex fall within the scope of the Directive. In each case
the activity includes the cleaning of the equipment but not the cleaning of products unless specified otherwise.

Adhesive coating

Any activity in which an adhesive is applied to a surface, with the exception of adhesive coating and
laminating associated with printing activities.

Coating activity

Any activity in which a single or multiple application of a continuous film of a coating is applied to:

— vehicles as listed below:

— new cars, defined as vehicles of category M1 in Directive 70/156/EEC (1), and of category N1 in so

far as they are coated at the same installation as M1 vehicles,

— truck cabins, defined as the housing for the driver, and all integrated housing for the technical

equipment, of vehicles of categories N2 and N3 in Directive 70/156/EEC,

— vans and trucks, defined as vehicles of categories N1, N2 and N3 in Directive 70/156/EEC, but not

including truck cabins,

— buses, defined as vehicles of categories M2 and M3 in Directive 70/156/EEC,

— trailers, defined in categories O1, O2 and O3 in Directive 70/156/EEC,

— metallic and plastic surfaces including surfaces of airplanes, ships, trains, etc.,

— wooden surfaces,

— textile, fabric, film and paper surfaces,

— leather.

It does not include the coating of substrate with metals by electrophoretic and chemical spraying techniques.
If the coating activity includes a step in which the same article is printed by whatever technique used, that
printing step is considered part of the coating activity. However, printing activities operated as a separate
activity are not included, but may be covered by the Directive if the printing activity falls within the scope
thereof.

Coil coating

Any activity where coiled steel, stainless steel, coated steel, copper alloys or aluminium strip is coated with
either a film forming or laminate coating in a continuous process.

Dry cleaning

Any industrial or commercial activity using VOCs in an installation to clean garments, furnishing and similar
consumer goods with the exception of the manual removal of stains and spots in the textile and clothing
industry.

(1) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 97/27/EC (OJ L 233, 25.8.1997, p. 1).

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Footwear manufacture

Any activity of producing complete footwear or parts thereof.

Manufacturing of coating preparations, varnishes, inks and adhesives

The manufacture of the above final products, and of intermediates where carried out at the same site, by
mixing of pigments, resins and adhesive materials with organic solvent or other carrier, including dispersion
and predispersion activities, viscosity and tint adjustments and operations for filling the final product into its
container.

Manufacturing of pharmaceutical products

The chemical synthesis, fermentation, extraction, formulation and finishing of pharmaceutical products and
where carried out at the same site, the manufacture of intermediate products.

Printing

Any reproduction activity of text and/or images in which, with the use of an image carrier, ink is transferred
onto whatever type of surface. It includes associated varnishing, coating and laminating techniques. However,
only the following sub-processes are subject to the Directive:

— flexography — a printing activity using an image carrier of rubber or elastic photopolymers on which the

printing areas are above the non-printing areas, using liquid inks which dry through evaporation,

— heatset web offset — a web-fed printing activity using an image carrier in which the printing and non-
printing area are in the same plane, where web-fed means that the material to be printed is fed to the
machine from a reel as distinct from separate sheets. The non-printing area is treated to attract water and
thus reject ink. The printing area is treated to receive and transmit ink to the surface to be printed.
Evaporation takes place in an oven where hot air is used to heat the printed material,

— laminating associated to a printing activity — the adhering together of two or more flexible materials to

produce laminates,

— publication rotogravure — a rotogravure printing activity used for printing paper for magazines,

brochures, catalogues or similar products, using toluene-based inks,

— rotogravure — a printing activity using a cylindrical image carrier in which the printing area is below the
non-printing area, using liquid inks which dry through evaporation. The recesses are filled with ink and
the surplus is cleaned off the non-printing area before the surface to be printed contacts the cylinder and
lifts the ink from the recesses,

— rotary screen printing — a web-fed printing activity in which the ink is passed onto the surface to be
printed by forcing it through a porous image carrier, in which the printing area is open and the non-
printing area is sealed off, using liquid inks which dry only through evaporation. Web-fed means that the
material to be printed is fed to the machine from a reel as distinct from separate sheets.

— varnishing — an activity by which a varnish or an adhesive coating for the purpose of later sealing the

packaging material is applied to a flexible material.

Rubber conversion

Any activity of mixing, milling, blending, calendering, extrusion and vulcanisation of natural or synthetic
rubber and any ancillary operations for converting natural or synthetic rubber into a finished product.

Surface cleaning

Any activity except dry cleaning using organic solvents to remove contamination from the surface of material
including degreasing. A cleaning activity consisting of more than one step before or after any other activity

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shall be considered as one surface cleaning activity. This activity does not refer to the cleaning of the
equipment but to the cleaning of the surface of products.

Vegetable oil and animal fat extraction and vegetable oil refining activities

Any activity to extract vegetable oil from seeds and other vegetable matter, the processing of dry residues to
produce animal feed, the purification of fats and vegetable oils derived from seeds, vegetable matter and/or
animal matter.

Vehicle refinishing

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.

Winding wire coating

Any coating activity of metallic conductors used for winding the coils in transformers and motors, etc.

Wood impregnation

Any activity giving a loading of preservative in timber.

Wood and plastic lamination

Any activity to adhere together wood and/or plastic to produce laminated products.

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ANNEX  IIA

I. THRESHOLDS  AND  EMISSION  CONTROLS

Activity
(Solvent  consumption  threshold  in
tonnes/year)

Threshold
(Solvent
consumption
threshold  in
tonnes/year)

Emission
limit values
in  waste
gases
(mg  C/Nm3)

Fugitive emission
values  (percentage  of
solvent  input)

Total  emission  limit
values

New

Existing

New

Existing

Special provisions

1 Heatset  web  offset  printing

(. 15)

15—25
. 25

100
20

30 (1)
30 (1)

(1) Solvent  residue  in  finished

product  is  not  to  be
considered  as  part  of
fugitive emissions.

2 Publication  rotogravure

75

10

15

(. 25)

3 Other  rotogravure,

flexography,  rotary  screen
printing,  laminating  or
varnishing  units  (. 15)  rotary
screen  printing  on
textile/cardboard
(. 30)

15—25
. 25
. 30 (1)

100
100
100

25
20
20

(1) Threshold  for  rotary

screen  printing  on  textile
and  on  cardboard.

4 Surface cleaning (1)

(. 1)

1—5
. 5

20 (2)
20 (2)

15
10

5 Other  surface  cleaning

(. 2)

2—10
. 10

75 (1)
75 (1)

20 (1)
15 (1)

6 Vehicle  coating  (, 15)  and

. 0,5

50 (1)

25

vehicle refinishing

(1) Using  compounds

specified  in  Article  5(6)
and  (8).

(2) Limit  refers  to  mass  of
compounds  in  mg/Nm3,
and  not  to  total  carbon.

(1) Installations  which
demonstrate  to  the
competent  authority  that
the  average  organic
solvent  content  of  all
cleaning  material  used
does  not  exceed  30 %  by
weight  are  exempt  from
application  of  these
values.

(1) Compliance  in  accordance
with  Article  9(3)  should
be  demonstrated  based  on
15  minute  average
measurements.

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Activity
(Solvent  consumption  threshold  in
tonnes/year)

Threshold
(Solvent
consumption
threshold  in
tonnes/year)

Emission
limit values
in  waste
gases
(mg  C/Nm3)

Fugitive emission
values  (percentage  of
solvent  input)

Total  emission  limit
values

New

Existing

New

Existing

Special provisions

7 Coil  coating
(. 25)

50 (1)

5

10

8 Other  coating,  including
metal,  plastic,  textile (1),
fabric,  film  and  paper  coating
(. 5)

5—15
. 15

100 (2) (5)
50/75
(3) (4) (5)

20 (5)
20 (5)

(1) For  installations  which
use  techniques  which
allow  reuse  of  recovered
solvents,  the  emission
limit  shall  be  150.

(1) Rotary  screen  printing  on
textile  is  covered  by
activity  No  3.

(2) Emission  limit  value
applies  to  coating
application  and  drying
processes  operated  under
contained  conditions.
(3) The  first  emission  limit
value  applies  to  drying
processes,  the  second  to
coating application
processes.

(4) For  textile  coating

installations  which  use
techniques  which  allow
reuse  of  recovered
solvents,  the  emission
limit  applied  to  coating
application  and  drying
processes  taken  together
shall  be  150.

(5) Coating  activities  which
cannot  be  applied  under
contained  conditions  (such
as  shipbuilding,  aircraft
painting)  may  be
exempted  from  these
values,  in  accordance  with
Article  5(3)(b).

9 Winding  wire  coating

(. 5)

10  g/kg (1)
5  g/kg (2)

(1) Applies  for  installations

where  average  diameter  of
wire  # 0,1  mm.
(2) Applies  for  all  other

installations.

10 Coating  of  wooden  surfaces

(. 15)

15—25
. 25

100 (1)
50/75 (2)

25
20

(1) Emission  limit  applies  to
coating  application  and
drying  processes  operated
under  contained
conditions.

(2) The  first  value  applies  to
drying  processes,  the
second  to  coating
application processes.

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Activity
(Solvent  consumption  threshold  in
tonnes/year)

Threshold
(Solvent
consumption
threshold  in
tonnes/year)

Emission
limit values
in  waste
gases
(mg  C/Nm3)

Fugitive emission
values  (percentage  of
solvent  input)

Total  emission  limit
values

New

Existing

New

Existing

Special provisions

11 Dry cleaning

20  g/kg (1) (2) (3)

(1) Expressed  in  mass  of
solvent  emitted  per
kilogram  of  product
cleaned  and  dried.
(2) The  emission  limit  in
Article  5(8)  does  not
apply  for  this  sector.
(3) The  following  exemption
refers  only  to  Greece:  the
total  emission  limit  value
does  not  apply,  for  a
period  of  12  years  after
the  date  on  which  this
Directive  is  brought  into
effect,  to  existing
installations  located  in
remote  areas  and/or
islands,  with  a  population
of  no  more  than  2 000
permanent  inhabitants
where  the  use  of
advanced  technology
equipment  is  not
economically feasible.

12 Wood  impregnation

(. 25)

100 (1)

45

11  kg/m3

(1) Does  not  apply  for
impregnation  with
creosote.

13 Coating  of  leather

(. 10)

10—25
. 25

85  g/m2
75  g/m2
150  g/m2
(. 10) (1)

(1) For  leather  coating

activities  in  furnishing  and
particular  leather  goods
used  as  small  consumer
goods  like  bags,  belts,
wallets,  etc.

14 Footwear  manufacture

(. 5)

25  g  per  pair

Total  emission  limit  values
are  expressed  in  grams  of
solvent  emitted  per  pair  of
complete  footwear  produced.

15 Wood  and  plastic  lamination

(. 5)

30  g/m2

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Activity
(Solvent  consumption  threshold  in
tonnes/year)

Threshold
(Solvent
consumption
threshold  in
tonnes/year)

Emission
limit values
in  waste
gases
(mg  C/Nm3)

Fugitive emission
values  (percentage  of
solvent  input)

Total  emission  limit
values

New

Existing

New

Existing

Special provisions

16 Adhesive coating

(. 5)

5—15
. 15

50 (1)
50 (1)

25
20

(1) If  techniques  are  used
which  allow  reuse  of
recovered  solvent,  the
emission  limit  value  in
waste  gases  shall  be  150.

17 Manufacture  of  coating

100—1 000

150

preparations,  varnishes,  inks
and  adhesives
(. 100)

. 1 000

150

5

3

5 %  of  solvent
input
3 %  of  solvent
input

The  fugitive  emission  value
does  not  include  solvent  sold
as  part  of  a  coatings
preparation  in  a  sealed
container.

18 Rubber  conversion

(. 15)

20 (1)

25 (2)

25 %  of  solvent
input

19 Vegetable  oil  and  animal  fat
extraction  and  vegetable  oil
refining activities
(. 10)

Animal fat:
1,5  kg/tonne
Castor:
3  kg/tonne
Rape  seed:
1  kg/tonne
Sunflower  seed:
1  kg/tonne
Soya  beans
(normal  crush):
0,8  kg/tonne
Soya  beans
(white  flakes):
1,2  kg/tonne
Other  seeds  and
other  vegetable
matter:
— 3  kg/tonne (1)
— 1,5

kg/tonne (2)
— 4  kg/tonne (3)

(1) If  techniques  are  used
which  allow  reuse  of
recovered  solvent,  the
emission  limit  value  in
waste  gases  shall  be  150.

(2) The  fugitive  emission

value  does  not  include
solvent  sold  as  part  of
products  or  preparations
in  a  sealed  container.

(1) Total  emission  limit

values  for  installations
processing individual
batches  of  seeds  and  other
vegetable  matter  should
be  set  by  the  competent
authority  on  a
case-by-case basis,
applying  the  best  available
techniques.
(2) Applies  to  all

fractionation  processes
excluding  de-gumming
(the  removal  of  gums
from  the  oil).

(3) Applies  to  de-gumming.

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Activity
(Solvent  consumption  threshold  in
tonnes/year)

Threshold
(Solvent
consumption
threshold  in
tonnes/year)

Emission
limit values
in  waste
gases
(mg  C/Nm3)

Fugitive emission
values  (percentage  of
solvent  input)

Total  emission  limit
values

New

Existing

New

Existing

Special provisions

20 Manufacturing  of

pharmaceutical  products
(. 50)

20 (1)

5 (2)

15 (2)

5 %  of
solvent
input

15 %  of
solvent
input

(1) If  techniques  are  used
which  allow  reuse  of
recovered  solvent,  the
emission  limit  value  in
waste  gases  shall  be  150.
(2) The  fugitive  emission  limit
value  does  not  include
solvent  sold  as  part  of
products  or  preparations
in  a  sealed  container.

II. THE  VEHICLE  COATING  INDUSTRY

The total emission limit values are expressed in terms of grams of solvent emitted in relation to the surface
area  of  product  in  square  metres  and  in  kilograms  of  solvent  emitted  in  relation  to  the  car  body.

The  surface  area  of  any  product  dealt  with  in  the  table  below  is  defined  as  follows:

— the surface area calculated from the total electrophoretic coating area, and the surface area of any parts
that might be added in successive phases of the coating process which are coated with the same coatings
as  those  used  for  the  product  in  question,  or  the  total  surface  area  of  the  product  coated  in  the
installation.

The  surface  of  the  electrophoretic  coating  area  is  calculated  using  the  formula:

2 × total  weight  of  product  shell
average  thickness  of  metal  sheet × density  of  metal  sheet

This  method  shall  also  be  applied  for  other  coated  parts  made  out  of  sheets.

Computer Aided Design or other equivalent methods shall be used to calculate the surface area of the other
parts  added,  or  the  total  surface  area  coated  in  the  installation.

The  total  emission  limit  value  in  the  table  below  refers  to  all  process  stages  carried  out  at  the  same
installation from electrophoretic coating, or any other kind of coating process, through to the final wax and
polish  of  topcoating  inclusive,  as  well  as  solvent  used  in  cleaning  of  process  equipment,  including  spray
booths  and  other  fixed  equipment,  both  during  and  outside  of  production  time.  The  total  emission  limit
value is expressed as the mass sum of organic compounds per m2  of the total surface area of coated product
and  as  the  mass  sum  of  organic  compounds  per  car  body.

Activity
(Solvent  consumption  threshold  in
tonnes/year)

Production  threshold
(Refers  to  annual  production  of
coated  item)

Total  emission  limit  value

New

Existing

Coating  of  new  cars  (. 15)

. 5 000

# 5 000  monocoque  or
. 3 500  chassis-built

45  g/m2
or
1,3  kg/body  +
33  g/m2

90  g/m2
or
1,5  kg/body  +
70  g/m2

60  g/m2
or
1,9  kg/body  +
41  g/m2

90  g/m2
or
1,5  kg/body  +
70  g/m2

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Activity
(Solvent  consumption  threshold  in
tonnes/year)

Production  threshold
(Refers  to  annual  production  of
coated  item)

Total  emission  limit  value

New

Existing

Coating  of  new  truck  cabins
(. 15)

Coating  of  new  vans,  trucks
and  trailers  (. 15)

Coating  of  new  buses  (. 15)

# 5 000
. 5 000

# 2 500
. 2 500

# 2 000
. 2 000

Total  emission  limit  (g/m2)

65
55

90
70

210
150

85
75

120
90

290
225

Vehicle  coating  installations  below  the  solvent  consumption  thresholds  in  the  table  above  shall  meet  the
requirements  for  the  vehicle  refinishing  sector  in  Annex  IIA.

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ANNEX  IIB

REDUCTION  SCHEME

1. Principles

The purpose of the reduction scheme is to allow the operator the possibility to achieve by other means
emission reductions, equivalent to those achieved if the emission limit values were to be applied. To that
end the operator may use any reduction scheme, specially designed for his installation, provided that in
the end an equivalent emission reduction is achieved. Member States shall report according to Article 11
of  the  Directive  to  the  Commission  about  the  progress  in  achieving  the  same  emission  reduction,
including  the  experience  from  the  application  of  the  reduction  scheme.

2. Practice

In the case of applying coatings, varnishes, adhesives or inks, the following scheme can be used. Where
the  following  method  is  inappropriate  the  competent  authority  may  allow  an  operator  to  apply  any
alternative  exemption  scheme  which  it  is  satisfied  fulfils  the  principles  outlined  here.  The  design  of  the
scheme  takes  into  account  the  following  facts:

(i) where substitutes containing little or no solvent are still under development, a time extension must

be  given  to  the  operator  to  implement  his  emission  reduction  plans;

(ii)

the reference point for emission reductions should correspond as closely as possible to the emissions
which  would  have  resulted  had  no  reduction  action  been  taken.

The  following  scheme  shall  operate  for  installations  for  which  a  constant  solid  content  of  product  can
be  assumed  and  used  to  define  the  reference  point  for  emission  reductions:

(i)

the operator shall forward an emission reduction plan which includes in particular decreases in the
average solvent content of the total input and/or increased efficiency in the use of solids to achieve a
reduction  of  the  total  emissions  from  the  installation  to  a  given  percentage  of  the  annual  reference
emissions,  termed  the  target  emission.  This  must  be  done  on  the  following  time  frame:

Time  period

New installations

Existing installations

Maximum  allowed  total  annual
emissions

By  31.10.2001

By  31.10.2004

By  31.10.2005

By  31.10.2007

Target  emission  × 1,5

Target  emission

(ii) The  annual  reference  emission  is  calculated  as  follows:

(a) The total mass of solids in the quantity of coating and/or ink, varnish or adhesive consumed in
a  year  is  determined.  Solids  are  all  materials  in  coatings,  inks,  varnishes  and  adhesives  that
become  solid  once  the  water  or  the  volatile  organic  compounds  are  evaporated.

(b) The annual reference emissions are calculated by multiplying the mass determined in (a) by the
appropriate factor listed in the table below. Competent authorities may adjust these factors for
individual  installations  to  reflect  documented  increased  efficiency  in  the  use  of  solids.

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Activity

Multiplication  factor
for  use  in  Item  (ii)(b)

Rotogravure  printing;  flexography  printing;  laminating  as  part  of  a
printing  activity;  varnishing  as  part  of  a  printing  activity;  wood  coating;
coating  of  textiles,  fabric  film  or  paper;  adhesive  coating

Coil  coating,  vehicle  refinishing

Food  contact  coating,  aerospace  coatings

Other  coatings  and  rotary  screen  printing

4

3

2,33

1,5

(c) The target emission is equal to the annual reference emission multiplied by a percentage equal

to:

— (the  fugitive  emission  value  +  15),  for  installations  falling  within  item  6  and  the  lower

threshold  band  of  items  8  and  10  of  Annex  IIA,

— (the  fugitive  emission  value  +  5)  for  all  other  installations.

(d) Compliance is achieved if the actual solvent emission determined from the solvent management

plan  is  less  than  or  equal  to  the  target  emission.

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ANNEX  III

SOLVENT  MANAGEMENT  PLAN

1.

Introduction

This Annex provides guidance on carrying out a solvent management plan. It identifies the principles to
be  applied  (item  2)  and  provides  a  framework  for  the  mass  balance  (item  3)  and  an  indication  of  the
requirements  for  verification  of  compliance  (item  4).

2. Principles

The  solvent  management  plan  serves  the  following  purposes:

(i) verification  of  compliance  as  specified  in  Article  9(1);

(ii)

identification  of  future  reduction  options;

(iii) enabling  of  the  provision  of  information  on  solvent  consumption,  solvent  emissions  and

compliance  with  the  Directive  to  the  public.

3. Definitions

The  following  definitions  provide  a  framework  for  the  mass  balance  exercise.

Inputs  of  organic  solvents  (I):

I1 The quantity of organic solvents or their quantity in preparations purchased which are used as input

into  the  process  in  the  time-frame  over  which  the  mass  balance  is  being  calculated.

I2 The  quantity  of  organic  solvents  or  their  quantity  in  preparations  recovered  and  reused  as  solvent
input  into  the  process.  (The  recycled  solvent  is  counted  every  time  it  is  used  to  carry  out  the
activity.)

Outputs  of  organic  solvents  (O):

O1 Emissions  in  waste  gases.

O2 Organic  solvents  lost  in  water,  if  appropriate  taking  into  account  waste  water  treatment  when

calculating O5.

O3 The  quantity  of  organic  solvents  which  remains  as  contamination  or  residue  in  products  output

from  the  process.

O4 Uncaptured  emissions  of  organic  solvents  to  air.  This  includes  the  general  ventilation  of  rooms,
where  air  is  released  to  the  outside  environment  via  windows,  doors,  vents  and  similar  openings.

O5 Organic  solvents  and/or  organic  compounds  lost  due  to  chemical  or  physical  reactions  (including
for  example  those  which  are  destroyed,  e.g.  by  incineration  or  other  waste  gas  or  waste  water
treatments,  or  captured,  e.g.  by  adsorption,  as  long  as  they  are  not  counted  under  O6,  O7  or
O8).

O6 Organic  solvents  contained  in  collected  waste.

O7 Organic  solvents,  or  organic  solvents  contained  in  preparations,  which  are  sold  or  are  intended  to

be  sold  as  a  commercially  valuable  product.

O8 Organic solvents contained in preparations recovered for reuse but not as input into the process, as

long  as  not  counted  under  O7.

O9 Organic  solvents  released  in  other  ways.

4. Guidance  on  use  of  the  solvent  management  plan  for  verification  of  compliance

The use made of the solvent management plan will be determined by the particular requirement which is
to  be  verified,  as  follows:

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(i) Verification of compliance with the reduction option in Annex IIB, with a total emission limit value

expressed  in  solvent  emissions  per  unit  product,  or  otherwise  stated  in  Annex  IIA.

(a) For  all  activities  using  Annex  IIB  the  solvent  management  plan  should  be  done  annually  to
determine  consumption  (C).  Consumption  can  be  calculated  according  to  the  following
equation:

C  =  I1 − O8

A  parallel  exercise  should  also  be  undertaken  to  determine  solids  used  in  coating  in  order  to
derive  the  annual  reference  emission  and  the  target  emission  each  year.

(b) For  assessing  compliance  with  a  total  emission  limit  value  expressed  in  solvent  emissions  per
unit  product  or  otherwise  stated  in  Annex  IIA,  the  solvent  management  plan  should  be  done
annually  to  determine  emissions  (E).  Emissions  can  be  calculated  according  to  the  following
equation:

E  =  F + O1

where F is the fugitive emission as defined in section (ii)(a). The emission figure should then be
divided  by  the  relevant  product  parameter.

(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.

(ii) Determination  of  fugitive  emissions  for  comparison  with  fugitive  emission  values  in  Annex  IIA:

(a) Methodology

The  fugitive  emission  can  be  calculated  according  to  the  following  equation:

F  =  I1 − O1 − O5 − O6 − O7 − O8

or

F  =  O2 + O3 + O4 + O9

This  quantity  can  be  determined  by  direct  measurement  of  the  quantities.  Alternatively,  an
equivalent calculation can be made by other means, for instance by using the capture efficiency
of  the  process.

The  fugitive  emission  value  is  expressed  as  a  proportion  of  the  input,  which  can  be  calculated
according  to  the  following  equation:

I  =  I1 + I2

(b) Frequency

Determination  of  fugitive  emissions  can  be  done  by  a  short  but  comprehensive  set  of
measurements.  It  need  not  be  done  again  until  the  equipment  is  modified.

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STATEMENT  OF  THE  COUNCIL’S  REASONS

I.

INTRODUCTION

1. On  18  February  1997,  the  Commission  sent  the  Council  a  proposal,  based  on  Article
130s(1) of the EC Treaty, on the limitation of emissions of volatile organic compounds
due  to  the  use  of  organic  solvents  in  certain  activities  and  installations (1).

2. The  European  Parliament  and  the  Economic  and  Social  Committee  delivered  their

opinions  on  14  January  1998 (2)  and  28  May  1997 (3),  respectively.

3. On  26  March  1998,  the  Commission  forwarded  an  amended  proposal  to  the

Council (4).

4. On  16  June  1998,  the  Council  adopted  its  common  position  in  accordance  with

Article  189c  of  the  Treaty.

II. OBJECTIVE

The aim of this Directive is to prevent or reduce the direct and indirect effects of emissions
of volatile organic compounds into the environment, mainly into air, and the potential risks
to  human  health,  by  providing  measures  and  procedures  to  be  implemented  for  a  broad
range of industrial or commercial activities in so far as they are operated above the defined
solvent  consumption  threshold.

III. ANALYSIS  OF  THE  COMMON  POSITION

A. AMENDED  COMMISSION  PROPOSAL

The Council adopted either in full (5) or in part (6), and occasionally in principle (7), 10 of
the  amendments  proposed  by  the  European  Parliament  which  had  been  incorporated
into  the  Commission’s  amended  proposal  and  two  which  had  not  been  retained.

The  latter  amendments  regard:

— Article  10  (non-compliance)  (amendment  19),  in  which  the  former  paragraph  2

(sectoral-based  approach  for  national  plans)  has  been  deleted,

— Annex  II  A,  sector  13  (part  of  amendment  29)

The  introduction  of  a  total  emission  limit  value  for  particular  leather-coating
activities.

B. AMENDMENTS  ACCEPTED  BY  THE  COMMISSION  BUT  NOT  INCLUDED  IN  THE

COMMON  POSITION

1. Part  of  amendment  4  (new  recital)  relating  to  a  zero  threshold  for  the  vehicle

refinishing  sector:

As the Council considered that a threshold of 500 kg/year was more appropriate at
this  stage  in  order  to  cater  for  the  administrative  implications  due  to  the  high

(1) OJ  C  99,  26.3.1997,  p.  32.
(2) OJ  C  34,  2.2.1998,  p.  83.
(3) OJ  C  287,  22.9.1997,  p.  55.
(4) OJ  C  126,  24.4.1998,  p.  8.
(5) Amendments  13,  21,  25  and  30.
(6) Amendment  4.
(7) Amendments 15 (see Article 5(3)(a)), 17 (see reference to potential effect on human health in Article 7),
18 (see Article 8), 23 (see Article 15(1)), 26 (combination of definition of coating activity (Annex I), the
second  table  of  Annex  IIA  concerning  vehicle-coating  sector,  and  the  last  sentence  of  Annex  IIA).

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number  of  installations  to  be  controlled,  it  has  invited  the  Commission  to  present
within  the  shortest  possible  time,  as  an  alternative  for  controlling  this  sector,  its
regulation  through  a  product-based  approach.

2. Amendment  31  (Annex  III(1))  relating  to  the  option  offered  to  Member  States  to
exempt  plants  from  carrying  out  solvent  management  plans  if  they  operate  in
accordance  with  the  Best  Available  Techniques  (BATs)  as  stipulated  in  the  sectoral
agreement:

As  Annex  III  on  solvent  management  plans  provides  only  guidance  on  how  these
plans could be carried out and as Article 9 indicates that these plans are only meant
to  be  of  a  supporting  demonstrative  nature,  the  Council  considered  that  an
additional  optional  clause  was  not  necessary;  however,  as  the  Council  was  of  the
opinion  that  to  verify  compliance  with  emission  limit  values  an  obligation  on  the
operator  of  an  installation  has  been  introduced  to  supply  the  competent  authority
with  the  necessary  data,  data  on  the  use  of  BATs  might  be  included.

C. MOST  IMPORTANT  CHANGES  OR  INNOVATIONS  INTRODUCED  BY  THE  COUNCIL

1. Definitions  (Article  2)

All  definitions,  including  those  formerly  contained  in  the  technical  Annex  II,  have
been put together in a single Article and in a more logical order. Some of them have
been  redrafted  to  clarify  their  concepts.

2. Requirements  (Article  5)

Although the substance of the Commission proposal text has remained the same, the
Council  has  redrafted  this  Article  to  the  extent  that:

— paragraph  2  introduces  the  notion  of  ‘total  emission  limit’  which  is  now  also

reflected  in  a  new  column  in  Annex  IIA,

— paragraph  3  introduces  the  possibility  of  granting  exceptions  to  the  fugitive
emission  value  where  it  is  demonstrated,  by  using  BATs,  that  for  individual
installations  that  value  is  technically  and  economically  not  feasible  if  significant
risks  to  human  health  or  the  environment  are  not  to  be  expected,

— paragraph 9 (new) restricts to the shortest possible time the transition period for
application  of  paragraphs  6  and  8  if  a  volatile  organic  compound  is  assigned  or
needs  to  carry  a  risk  phrase  as  referred  to  after  the  entry  into  force  of  the
Directive,

— paragraph  11  reflects  the  investment  protection  clause  as  formerly  included  in

Annex  IIA  and  introduces  a  time-limit  to  its  application.

3. National  plans  (Article  6)

The Council has maintained the possibility of defining and implementing a national
plan  in  its  common  position.  However,  compared  to  the  Commission  proposal:

— it  has  restricted  its  use  to  existing  installations  and  excludes:

— the  surface  and  dry-cleaning  sectors,

— those  activities  which  use  risk  phrase  substances  as  referred  to  in  Article  5.

However,  the  installations  to  which  the  national  plan  would  apply  are  not
exempted  from  the  provisions  of  the  IPPC  Directive,

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— Member  States  using  this  option  will  submit  a  range  of  supplementary  elements

which  will  help  the  Commission  to  evaluate  the  objectives  to  be  achieved,

— the  role  of  the  consultative  committee  (Article  13)  has  been  extended  to  this

matter.

4. Monitoring  and  compliance  with  emission  limit  values  (ELVs)  (Articles  8  and  9)

The  Council  has  completely  restructured  these  Articles  to  provide  for  a  clear
distinction  between  monitoring  and  compliance  with  ELVs.

5.

Information  systems  and  reporting  (Article  11)

The Council has added a provision whereby the Commission is to draw up a report
on  the  implementation  of  the  Directive  based  on  the  data  provided  by  Member
States  which  will  be  submitted  both  to  the  Council  and  the  European  Parliament,
accompanied  by  proposals  if  appropriate.

6. Thresholds  and  emission  controls  (Annex  IIA)

The  Council  substantially  agreed  to  the  Commission  approach  provided  for  in  its
proposal.

However,  it  introduced  a  number  of  changes,  the  most  important  being:

— all  sectors:  introduction  of  a  new  column  for  total  emission  limit  values,

— sectors  1  and  3:  deletion  of  the  ‘guide  values’  for  fugitive  emission  values,

— increase  of  consumption  thresholds  for:

— sector 3: rotary  screen-printing  on  textile/hardboard:  30T

— sector 6: vehicle-coating  and 

refinishing:  0,5T 

(see  also  comments

under  B.1)

— sector 18: rubber  conversion  where  the  lower  range  was  deleted,

— sector 8 (other  coating):  to  deal  with  coating  activities  which  cannot  be
applied  under  contained  conditions  (e.g.  aircraft  painting),  an  exemption  to
the  values  in  accordance  with  Article  5(3)(b)  is  introduced,

— sector  11:  a  specific  exemption,  limited  in  time,  was  granted  to  Greece  for

dry-cleaning  installations  in  remote  areas  and/or  on  islands,

— total  emission  limit  values:

— were  raised  for  sector  14  (footwear),  from  20  to  25  g  per  pair,

— were  introduced  for:

— sectors  17,  18  and  20,

— sector  19  (animal  fat):  1,5  kg/tonne,

— for vehicle coating a more equitable approach was introduced to apply these
values  partly  as  a  constant  per  vehicle  and  partly  in  proportion  to  their
coating area,

— part of sector 19 (olive oil extraction) is now included in the ‘other seeds and
other vegetable matter’ and for batch processes the total emission limit values
are  to  be  set  on  a  case-by-case  basis  applying  BATs.

The  Commission  has  agreed  to  the  amendments  made  by  the  Council.