CELEX: 51998PC0190
Language: en
Date: 1998-03-25
Title: 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

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)
 ---pagebreak---  ---pagebreak---                                  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.
 ---pagebreak---  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-
 ---pagebreak---                                          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 limit values or guide values is
                                                                demonstrated, including the quantity of solvents
                                                                recovered and recirculated through the unit
                                                                (recycled solvent shall be counted each time it is
                                                                recirculated^.
                                                 Article 5(2a) (new)
                                                                 2a. The fugitive emission limit values may not he
                                                                 exceeded. except where the operator can
                                                                 demonstrate that it is technically and financially
                                                                 impossible to stay within those limits and that he is
                                                                 using the best available technology.
                                                     Article 6(1)
1. The Commission shall ensure that an exchange of               1. The Commission shall ensure that an exchange of
information between Member States and the sectors                information between Member States and the sectors
concerned on the use of organic substances and their             concerned on the use of organic substances and
potential substitutes takes place, in an                         their potential substitutes takes place, in an
administratively efficient way, to consider the                  administratively efficient way, to consider the
questions of fitness for use, potential environmental            questions of fitness for use, potential environmental
 ---pagebreak--- effects and the costs and benefits of the options               effects, the health risks of occupational exposure
available, with a view to providing guidance on the             and the costs and benefits of the options available,
use of materials which have the least potential                 with a view to providing guidance on the use of
effects on air, water, soil, ecosystems and public              materials which have the least potential effects on
health. The Commission shall publish the results of             air, water, soil, ecosystems and public health. The
the exchange of information for each sector.                    Commission shall publish the results of the
                                                                exchange of information for each sector.
                                                     Article 7
Member States         shall specify      appropriate           L        For installations covered by Directive
release-monitoring      requirements,      including'           96/61/EEC. Member States shall specify appropriate
measurement       methodology     and     frequency,            release-monitoring       requirements,     including
evaluation procedure and an obligation to supply the            measurement       methodology     and     frequency,
competent authority with data required for checking             evaluation procedure and an obligation to supply the
compliance with this Directive. However, emissions              competent authority with data required for checking
from stacks to which abatement equipment has been               compliance with this Directive.
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.
                                                               2» For other installations. Member States shall
                                                               specify         appropriate        release-monitoring
                                                               requirements, including measurement frequency and
                                                               methodology, evaluation procedures and an
                                                               obligation to keep available to or supply on request
                                                               the competent authority with the data required for
                                                               checking compliance with this Directive.
                                                               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.
 ---pagebreak---                                                 Article 15, first paragraph
Member States shall bring into force the laws,                      Member States shall bring into force the laws,
regulations and administrative provisions necessary                 regulations and administrative provisions necessary
to comply with this Directive by 31 December 1999                   to comply with this Directive within 18 months of
at the latest. They shall forthwith inform the                      its entry into force of this Directive. They shall
Commission thereof.                                                 forthwith inform the Commission thereof.
                                                  Annex I, fifth heading
Dry cleaning                                                        Dry cleaning
- any process using volatile organic compounds to                   - any process using volatile organic compounds to
remove contamination from thfi following                            clean garments and similar consumer goods, with
manufactured consumer goods: furs, leather, down                    the exception of the individual removal of stains
feathers, textiles or other objects made of fibres.                 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               - all coating processes of a road vehicle as defined
in Directive 70/156/EEC, or a part of it, carried out               in Directive 70/156/EEC, or a part of it, carried out
as part of vehicle repair, conservation or decoration              as part of vehicle repair, conservation or decoration
outside of manufacturing installations, and the                    outside of manufacturing installations, and the
original coating of vehicle with refinishing-type                  original coating of vehicle with refinishing-type
materials, where this is carried out away from the                 materials, where this is carried out away from the
original manufacturing line.                                       original manufacturing line, or where the vehicle is
                                                                    of category 0.
                                       Annex 111(A), first table, twentieth entry
 20    Manufacture of        20    5    15   (l)If
       pharmaceuticals       (1)             techniques
        (>50)                                are used
                                             which allow
                                             reuse of
                                             recovered
                                             solvent, the
                                             emission
                                             limit shall be
                                             150.
 ---pagebreak---                              (l)If
20 Manufacture of  20  5  15 techniques
   pharmaceuticals (1) 0) 0) are used
   (>50)                     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
 ---pagebreak--- 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-
 ---pagebreak---                                                                   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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