CELEX: 51993PC0422
Language: en
Date: 1993-09-09
Title: Amended proposal for a COUNCIL DIRECTIVE ON THE CONTROL OF VOLATILE ORGANIC COMPOUND (VOC) EMISSIONS RESULTING FROM THE STORAGE OF PETROL AND ITS DISTRIBUTION FROM TERMINALS TO SERVICE STATIONS

COMMISSION OF THE EUROPEAN COMMUNITIES
                                      C0M(93) 422 f i n a l - SYN 425
                                      Brussels,   9 September 1993
                      Amended proposal for a
                         COUNCIL DIRECTIVE
                       ON THE CONTROL OF
          VOLATILE ORGANIC COMPOUND (VOC) EMISSIONS
            RESULTING FROM THE STORAGE OF PETROL
                       AND ITS DISTRIBUTION
              FROM TERMINALS TO SERVICE STATIONS
      (presented by the Commission pursuant to A r t i c l e 149(3)
                        of the EEC-Treaty)
 ---pagebreak---                                                                       2
                          EXPLANATORY MEMORANDUM
1. In July 1992 the Commission presented a proposal for a Council Directive
   on the control of volatile organic compound (VOC) emissions resulting
   from the storage of petrol and its distribution from terminals to
   service stations (the so-called "Stage lM Directive).
   The proposal aims at reducing the evaporated emissions from the storage
   of petrol at terminals and to recover the petrol vapours which are lost
   in the process of petrol transport and distribution to service stations.
   The justification of the proposal is to ensure that the specifications
   for the mobile equipment and the equipment for the loading/unloading of
   the mobile equipment (i.e. : road tankers, rail tankers and barges) are
   harmonized in all Member States in order to ensure the proper
   functioning of the Internal Market. The legal basis for the proposal is
   Article 100A of the Treaty.
2. The Economic and Social Committee adopted its opinion in January 1993,
   approving the aims and goals of the Commission's proposal.
3. At its Plenary Session on 23 June 1993, the European Parliament approved
   the proposal with a total of 25 amendments.
4. Out of the 25 amendments approved by the Parliament, 11 have been
   accepted totally or in part. In accord with this the modified proposal
   includes amendments to the following articles 3, 4, 6 and to annexes 1
   and 3 and also includes a new recital.
 ---pagebreak---                                                                           3
5. Fourteen amendments have been totally rejected
   (Nrs : 1, 3, 4, 5, 8, 10, 11, 15, 16, 17, 19, 20, 21, 24)
   As the Commission can accept that seagoing tankers should be excluded
   from the scope of the Directive, awaiting a modification of the MARPOL
   convention by the IMO (Nr 2 ) , it follows that it can not accept
   amendments pertaining to such ships (Nrs : 4, 8, 11, 20) and the
   condition (in Nr 2) that unilateral Community action should be taken by
   a certain date in absence of results from IMO. Amendment 24 setting up
   an annex V on the inclusion of shipping under the scope of the Directive
   by way of a committee procedure is not acceptable.
   The Commission sees no need specific for reference in this directive for
   the possibility of state aid in respect to SMEs (Nr 3 ) .
   The amendment to the definition of petrol (in Nr 5) is considered
   unnecessary. It is considered necessary to allow a mobile container to
   ventilate its tank at a place where there is no threat to environment or
   human health, if it is being loaded with other products than VOCs, thus
   amendment N* 10 excluding this practice is not acceptable.
   It is beyond the scope of this Directive to deal with a possible wider
   access to Committee meetings and proceedings for the general public
   (Nr 15).
   The Commission finds little reason to require Member States to report
   earlier on the implementation of the Directive (Nr 17) and finds it
   unacceptable to link the reporting procedure with an obligation for the
   Commission to present proposals for modification of the Directive
   (Nr 19).
   The amendment to the Annexes (Nr : 21) is unacceptable since it applies
   more stringent limit values to the vapour recovery units and restricts
   flexibility for new storage facilities which will increase the costs
   disproportionately compared to the environmental benefits.
   Amendments Nrs : 1 and 16 are purely editorial, but do not add to the
   clarity of the legal text.
 ---pagebreak---                                                                                         H
   ORIGINAL TEXT                            AMENDED TEXT
                           Recital     (new)
                                            Whereas.     .on      grounds            of
                                            international      s t a n d a r d l y i on
                                            and of safety during the loading
                                           QÎ ships, standards must he
                                           drawn, US       at     International
                                           Maritime Organization level fnr
                                           XABQUC GfintcoJ, and recovery
                                            système to apply to both loading
                                            installations        and          shW-
                      Article 3(1), fourth subparagraph
Member States may require more            Member States may maintain or require
stringent measures in geographical        more stringent measures nationally or
areas where it is established that        in certain areas of their territory
such measures are necessary for the       for the protection of human health or
protection of human health or the         the environment. Ibev. shall inform
environment due to special local or       the other Member States and the
regional conditions. Member Stflt.ftft    Commission of any such existing
shall inform the other Member States      TreaguXftfi or of any special measures
and the Commission of any such            which they contemplate taking and of
special    measures     which    they     their grounds for taking them.
contemplate taking and of their
grounds for taking them.
                       Article 4(1), third subparagraph
Member States may require more            Member States may maintain or require
stringent measures in geographical        more stringent measures nationally or
areas where it is established that        in certain areas of their territory
such measures are necessary for the       where it is established that such
protection of human health or the         measures are necessary for the
environment due to special local or       protection of human health or the
regional conditions. Member States        environment.       Member States shall
shall inform the other Member States       inform the other Member States and
and the Commission of any such             the Commission of any such existing
special    measures     which    they     measures or of any special measures
contemplate taking and of their           which they contemplate taking and of
grounds for taking them.                   their grounds for t.;*k inq then.
 ---pagebreak---       ORIGINAL TEXT                            AMENDED TEXT                    ^T
                           Article 4(1), fourth paragraph
 All terminals shall be equipped with        All terminals shall be equipped with
 at least one loading arm which meets        at least one loading arm which meets
 the spécifications for bottom loading       the specifications for bottom loading
 equipment    to be developed         in     equipment laid down in Annex IV.
 flÇÇOrdflnçe. wjj&   fchfi    procedure
 specified in Article 8,
                                   Article 4(4)
4. Nine years after the date referred       4. Nine     years after     the date
to in Article 11 all loading arms at        referred to in Article 11 all loading
all terminals shall be equipped so as       arms at all terminals shall be
to meet the specifications for bottom       equipped    so as to meet the
loading equipment to be developed in        specifications for bottom loading
accordance     wjtji the      procedure     equipment laid down in Annex EV.
specified jn Article gt
                             (Amendment No. 12)
                     Article 6(2)(b), second indent
for existing service stations,               for existing service stations,
regardless of their throughput,              regardless of their throughput,
which are located under permanent            which are located under permanent
living quarters or working areas,            living quarters or working areas;
if the service stations are
situated in locations where urban
speed Units apply;
                                 Article 6(2a) (new)
                                              2a. For service stations with a
                                              throughout between 100 and 500
                                              P3/year« Member States mav grant
                                              derogations from the requirements Of
                                              paragraph 1 where the service station
                                              is located in a geographical area or
                                              in a location where vapour emissions
                                              create no environmental or health
                                              problems.
 ---pagebreak---    ORIGINAL TEXT                                AMENDED TEXT
                              Article 6(2b) (new)
                                                2b. The requirements of paragraph 1
                                                Shall not apply to service station*;
                                                with a throughput of less than fon
                                                m /year.
                             A r t i c l e 9(1a) (new)
                                               l a . The fftfffter   flutes    must on t h a t
                                               occasion provide the ComiiSBion_wjjfeh
                                               detailed        information         on    the
                                               geographical areas i n which national
                                               measures have been provided for and
                                               on the nature and timetable for the
                                               implementation of t h e s e measures.
                               ANNEX I , point 1
1.   The external wall and roof of                    The external wall and roof of
     tanks above ground shall be                       tanks above ground shall be
     painted in a light colour with a                  painted in a light colour with a
     total radiant heat reflectance                    total radiant heat reflectance
     of 70% or more.                                  of    70% or          more.      These
                                                      operations mav be scheduled mo
                                                       as to be carried ovt as part of
                                                       the usual maintenance evele of
                                                       the tanks,
                                                        Subject to a maximum 3 years
                                                        time extension of the timetable
                                                        set out in Article 3.
                                         Annex IV (new)
                                                     Retirements for bottom loading and
                                                     vapour collection for road tankers
                                                      (This      annex      shall      standardize
                                                     specifications       for all couplings on
                                                     the API 4-inch         standard:)
                                                     AMERICAN PETROLEUM INSTITUTE (API)
                                                     RECOMMENDED PRACTICE 100 4. SEVENTH
                                                     EDITION. NOVEMBER 1968)
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(93) 422 final
                                                              CUMENTS
EN                                                                         14 12
                                Catalogue number : CB-CO-93-463-EN-C
                                                             ISBN 92-77-59187-0
Office for Official Publications of the European Communities
L-2985 Luxembourg