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
Date: 2017-03-07
Institutions: Directorate-General for Environment, European Commission
Subjects: air quality, anti-pollution device, greenhouse gas, motor fuel, motor vehicle, national implementing measure, reduction of gas emissions, technical standard

EN 

   EN 

   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 ....................................................................................................... 3 

2.  THE VOC-II DIRECTIVE .......................................................................................... 4 

2.1.  What does the Directive do? .............................................................................. 4 

2.2.  What are the key measures? .............................................................................. 4 

2.3.  Adaptation to technical progress ....................................................................... 4 

3. 

IMPLEMENTATION OF THE VOC-II DIRECTIVE ............................................... 4 

3.1.  General transposition and implementation ........................................................ 4 

3.2.  Article 7 implementation review ....................................................................... 5 

3.2.1. 

100 m³/year threshold .......................................................................... 5 

3.2.2. 

In-service compliance record .............................................................. 6 

3.2.3.  Automatic monitoring equipment ........................................................ 6 

4.  EVALUATION OF THE VOC-II DIRECTIVE ......................................................... 6 

4.1.  Background ........................................................................................................ 6 

4.2.  Result ................................................................................................................. 7 

5.  CONCLUSION ........................................................................................................... 7 

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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/EC1  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/EC2 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 steps3 and the REFIT State of play and outlook,4 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.5 

1  

European Parliament and Council Directive 94/63/EC of 20 December 1994 on the control of volatile 
organic  compound  (VOC)  emissions  resulting  from  the  storage  of  petrol  and  its  distribution  from 
terminals to service stations (OJ L 365, 31.12.1994, p. 24-33). 

2   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 (OJ L 285, 31.10.2009, 
p. 36-39). 

3   Annex  to  Regulatory  Fitness  and  Performance  (REFIT):  results  and  next  steps,  Commission 
Communication  to  the  European  Parliament,  the  Council,  the  European  Economic  and  Social 
Committee and the Committee of the Regions (COM(2013) 685 final); 
http://ec.europa.eu/smart-regulation/docs/20131002-refit-annex_en.pdf 
4   COM(2014) 368; see also the Commission’s Better Regulation website: 

http://ec.europa.eu/smart-regulation/refit/index_en.htm 

5  

Evaluation  of  Directive  1994/63/EC  on  VOC  emissions  from  petrol  storage  and  distribution  and 
Directive 2009/126/EC on petrol vapour recovery — final evaluation report, Amec Foster Wheeler et 
al. (2016); 
http://bookshop.europa.eu/en/evaluation-of-directive-1994-63-ec-on-voc-emissions-from-petrol-
storage-distribution-and-directive-2009-126-ec-on-petrol-vapour-recovery-pbKH0416107/ 

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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,6  which  amended 
Articles 4  and 5  of 
to  standards 
EN 16321-1:2013 and EN 16321-2:2013 respectively. 

the  VOC-II  Directive 

include  references 

to 

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 

6   Commission Directive 2014/99/EU of 21 October 2014 amending, for the purposes of its adaptation 
to technical progress, Directive 2009/126/EC on Stage II petrol vapour recovery during refuelling of 
motor vehicles at service stations (OJ L 304, 23.10.2014, p. 89-90); 
http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1468508694487&uri=CELEX:32014L0099 

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(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.7 

Figure 1:  

Uptake of stage-II systems by Member State (estimated) 

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. 

7  

The data refer to the total number of service stations, including small ones and those for which the 
deadlines have not passed. Therefore, depending on the local market situation, low coverage rates do 
not necessarily suggest a compliance problem. 

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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  85-95 %.  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  ‘vapour-tightness’,  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,8 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. 

4.  EVALUATION OF THE VOC-II DIRECTIVE 

4.1.  Background 

The Directive was evaluated in the context of the Commission’s Regulatory Fitness and 
Performance (REFIT) programme on the basis of its effectiveness, efficiency, relevance, 
coherence and EU added value. 

During the evaluation, particular attention was paid to detecting and assessing regulatory 
burden and identifying opportunities for simplification. 

8   Austria, Germany and Hungary. 

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4.2.  Result 

The Directive was found to be effective, efficient, coherent and relevant, and to have EU 
added value. 

The  evaluation  showed  that  the  Directive  has  been  effective  in  contributing  to  the 
reduction in VOC emissions from petrol during the refuelling of motor vehicles at service 
stations.  Today,  the  activities  covered  by  the  VOC-I  and  VOC-II  Directives  contribute 
only 0.7 % of all anthropogenic VOC emissions in the EU. 

The Directive was also found to be efficient. The available data suggest that the costs are 
largely proportionate to the benefits, in particular if one takes into account the additional 
non-monetised  benefits and  the revenue  generated  from  the  re-sale  of  recovered  petrol. 
Savings resulting from reduced harmful effects on health and the environment have been 
estimated  between  €92-€270m,  whereas  estimated  financial  benefits  resulting  from  the 
sales of recovered petrol were estimated €77m. Annual costs for capital and maintenance 
have been estimated €199m, whereas administration and compliance would cost €13m. It 
should  be  noted  however  that,  due  to  the  limited  amount  of  data  available,  it  was  not 
possible to conduct a robust cost-benefit analysis. 

The Directive is coherent with other Union legislation. Claims by some stakeholders of 
inconsistencies with the Fuel Quality Directive9 and the VOC-I Directive were not found 
to be accurate or significant. 

The  Directive  remains  relevant  as  a  response  to  environmental  and  health  threats.  It 
provides a ‘safety net’ of environmental protection, also in view of relevant international 
commitments.  It  also  remains  relevant  in  the  light  of  the  clean-air  policy  objectives 
established  in  the  7th  Environment  Action  Programme10  and  the  Clean  Air  Policy 
Package.11  Some  stakeholders  claimed  that  the  obligation  to  display  a  sign,  sticker  or 
other  notification  in  the  vicinity  of  petrol  dispensers  with  PVR  equipment  (Art.  5(3)) 
would  not  influence  consumer  choice  as  desired,  as  this  would  be  driven  by  price  and 
convenience rather than environmental concerns. However, the evaluation concluded that 
even in this case legislative change may be more burdensome than simplification. 

The  consultation  acknowledged  the  benefits  of  EU-level  regulation  in  this  area.  The 
Directive  has  been  important  in  establishing  a  common  EU-wide  approach  and  has 
stimulated cross-border trade in petrol and equipment. 

5.  CONCLUSION 

The  VOC-II  Directive  has  been  found  to  be  effective,  efficient,  coherent  and  relevant, 
and to have EU added value. It is also generally well implemented by Member States. 

9   Directive 2009/30/EC of 23 April 2009 amending Directive 98/70/EC as regards the specification of 
petrol,  diesel  and  gas-oil  and  introducing  a  mechanism  to  monitor  and  reduce  greenhouse  gas 
emissions  and  amending  Council  Directive  1999/32/EC  as  regards  the  specification  of  fuel  used  by 
inland waterway vessels and repealing Directive 93/12/EEC, OJ L 140, 5.6.2009, p. 88–113 

10   Decision No 1386/2013/EU of the European Parliament and of the Council of 20 November 2013 on 
a  General  Union  Environment  Action  Programme  to  2020  ‘Living  well,  within  the  limits  of  our 
planet’;  
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32013D1386 

11   http://ec.europa.eu/environment/air/clean_air_policy.htm  

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The  Commission  will  continue  to  cooperate  with  Member  States  to  assist  them  in 
ensuring full implementation of the Directive. 

8