The recovery causes air pollution

Directive 94/63 / EC of the European Parliament and of the Council of December 20, 1994 on the limitation of emissions of volatile organic compounds (VOC emissions) in the storage of petrol and its distribution from the distribution centers to the petrol stations
- VOC directive -

(OJ No. L 365 of 31.12.1994 p. 24;
VO (EG) 1882/2003 - OJ No. L 284 of October 31, 2003 p. 1;
VO (EG) 1137/2008 - OJ No. L 311 of November 21, 2008 p. 1;
Decision (EU) 2018/853 - OJ No. L 150 of 14.06.2018 p. 155 Come into effect;
VO (EU) 2019/1243 - OJ L 198 of 25.07.2019 p. 241 Come into effect)


based on the Treaty establishing the European Community, in particular on Article 100a,

at the proposal of the Commission 1,

after the opinion of the Economic and Social Committee 2,

in accordance with the procedure set out in Article 189b of the Treaty 3,

Whereas:

In several environmental protection action programs of the European Communities 4 the focus is on preventing and combating air pollution.

Without control measures, emissions of volatile organic compounds (VOCs) from petrol and solvents would be around 10 million tonnes annually in the Community. These emissions contribute to the formation of photochemical oxidants such as ozone, which in high concentrations can cause damage to health, vegetation and material. Some of these VOC emissions from petrol are classified as toxic, carcinogenic or causing congenital deformities.

On April 2, 1992, the Community signed the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution, the aim of which is to substantially reduce VOC emissions or their transboundary flows.

An important step towards a comprehensive reduction in VOC emissions in the Community was Council Directive 91/441 / EEC of June 26, 1991 amending Directive 70/220 / EEC on the approximation of the laws of the Member States relating to measures against air pollution through emissions from motor vehicles 5, with which the VOC emissions due to exhaust gases and evaporation from motor vehicles, which today account for around 40% of all man-made VOC emissions into the air, are to be reduced by 80 to 90% over a period of 10-15 years. When that directive was adopted, the Commission was asked to submit a proposal for a directive on measures to reduce evaporative losses at all stages of fuel storage and distribution.

VOC emissions from the storage and distribution of petrol account for around 500,000 tonnes per year, or around 5% of all human-made VOC emissions in the Community. These emissions are a major contributor to air pollution, especially in urban areas.

The technologies available can contribute to a significant reduction in evaporation losses in the distribution of petrol - not least through the recovery of displaced vapors.

For reasons of international standardization and safety during the filling of ships, standards for vapor retention and recovery systems must be established at the level of the International Maritime Organization, which apply to both filling devices and ships. The Community should therefore ensure, as far as possible, that the necessary provisions are incorporated into this Convention during the ongoing revision of the MARPOL Convention, which is expected to be concluded in 1996; In the event that MARPOL is not revised in this way, the Community should, in consultation with its main trading partners, propose appropriate measures for ships and port facilities for the refueling of ships.

To reduce steam emissions when refueling at filling stations, which currently amount to around 200,000 tons per year, further measures will be necessary so that all steam emissions from the distribution of petrol can be limited.

In order to avoid distortions of competition and for the functioning of the internal market, a number of measures must be harmonized at a high environmental level with regard to the distribution of petrol.

The advantages and burdens that may arise from the fact that measures are taken or not must nevertheless be taken into account. Therefore, derogations and, in certain cases, an exclusion from the scope of the Directive should be provided for. In addition, some Member States should be granted longer adaptation periods in order to take into account the relevant important environmental protection measures of different orientations which these Member States have already taken or the particular burden resulting from the measures of this Directive due to the structure of the network in these States.

Community measures must take account of the various environmental factors in the individual regions of the Community. It must therefore be possible for Member States to maintain or impose stricter measures to prevent evaporation losses in fixed installations throughout their territory or in certain areas where such measures are shown to be necessary due to special circumstances in order to protect human health or the environment.

The provisions of paragraph 1 of Articles 3, 4 and 6 of this Directive apply without prejudice to Council Directive 83/189 / EEC of 28 March 1983 on an information procedure in the field of standards and technical regulations 6.

In order to ensure the free trade in petrol and equipment within the Community and to ensure a high level of safety, harmonized specifications should be adopted for equipment used to fill road tankers from below. The standardization of these specifications as well as the possibility of their adaptation to technical progress are to be provided.

A committee should be set up to assist the Commission in order to adapt the Annexes to this Directive to technical progress

Article 1 Scope

This guideline applies to processes, equipment, vehicles and inland waterway vessels that are used for the storage and transfer of petrol and its transport from one distribution warehouse to another or from one distribution warehouse to a petrol station.

Article 2 definition

For the purposes of this guideline, the term

  1. "Petrol" means petroleum derivatives with or without additives, the vapor pressure of which (according to Reid) is at least 27.6 kilopascals and which are intended for use as fuel for motor vehicles, with the exception of liquefied petroleum gas (LPG);
  2. "Vapors" are gaseous compounds that evaporate from gasoline;
  3. "Storage tank" means a fixed tank for the storage of petrol in a distribution warehouse;
  4. "Distribution warehouse" means a facility for the storage of petrol and its transfer to road tankers, rail tank cars or inland waterway vessels, including all storage tanks at the facility;
  5. "movable container" means tanks transported by road, rail or waterway for the transport of petrol from one distribution depot to another or from one distribution depot to a petrol station;
  6. "Petrol station" means a device for the delivery of petrol from stationary storage tanks to the fuel tanks of motor vehicles;
  7. "Existing petrol storage facilities, filling stations, filling stations and movable containers" means facilities, filling stations and movable containers which were already in operation before the date specified in Article 10 or for which a building or operating permit required under national law was issued before the date specified in Article 10 has been;
  8. "new" in relation to petrol storage facilities, filling stations, petrol stations and movable containers, facilities, petrol stations and movable containers not covered by letter g);
  9. "Throughput" means the largest annual amount of petrol that has been transferred from a storage tank in a distribution center or from a petrol station to movable containers during the past three years;
  10. "Vapor recovery system" means a system for the recovery of petrol from vapors, including any buffer tank systems in distribution centers;
  11. "Inland navigation vessel" means a vessel as defined in Annex 1 of Council Directive 82/714 / EEC of October 4, 1982 on the technical requirements for inland navigation vessels 6;
  12. "Reference target value" means the guide value which is set for the general assessment of the conformity with the technical measures provided for in the annexes; it is not intended as a limit value against which the performance of individual facilities, distribution centers and petrol stations is to be measured;
  13. "Temporary storage of vapors" means the temporary storage of vapors in a fixed-roof tank of a distribution warehouse with the aim of later being taken to another distribution warehouse for recovery. The transport of vapors between storage tanks within a distribution warehouse does not count as temporary storage of vapors within the meaning of this guideline;
  14. "Filling device" means a device in a distribution warehouse that can be used to transfer petrol into movable containers. Filling facilities for road tankers include one or more "filling stations";
  15. "Filling station" means a device in a distribution warehouse with which gasoline can be transferred to a road tanker in one go.

Article 3 Storage tanks in distribution centers

(1) The construction and operation of the storage tanks must meet the technical requirements of Annex I.

These requirements are aimed at reducing the total annual loss of petrol when filling and storing in a storage tank in distribution warehouses below the reference target value of 0.01 percent by weight of the throughput.

Member States may maintain or impose stricter measures throughout their territory or in certain areas where particular circumstances have shown that such measures are necessary to protect human health or the environment.

Member States may prescribe technical measures other than those described in Annex I to reduce petrol loss if such alternative measures can be shown to be at least as effective.

Member States shall inform the other Member States and the Commission, stating the reasons, of the measures taken or of any special measures they intend to take pursuant to this paragraph.

(2) The provisions of paragraph 1 apply

  1. from the date referred to in Article 10 for new installations;
  2. after three years from the date specified in Article 10 for existing systems, if the throughput of the distribution warehouse exceeds 50,000 tons / year;
  3. after six years from the date specified in Article 10 for existing plants, if the throughput of the distribution warehouse exceeds 25,000 tons / year;
  4. nine years after the date referred to in Article 10 for all other existing storage tanks in distribution centers.

Article 4 Filling and emptying of movable containers in distribution centers081819

(1) The construction and operation of the filling and emptying systems must meet the technical requirements of Annex II.

These requirements are aimed at reducing the total annual loss of petrol when filling and emptying movable containers in distribution warehouses below the reference target value of 0.005 percent by weight of throughput.

Member States may maintain or impose stricter measures throughout their territory or in certain areas where particular circumstances have shown that such measures are necessary to protect human health or the environment.

Member States may prescribe other technical measures to reduce petrol loss than those described in Annex II, if such alternative measures have been shown to be at least as effective.

Member States shall inform the other Member States and the Commission, stating the reasons, of the measures taken or of any special measures they intend to take pursuant to this paragraph. The Commission shall check the compatibility of these measures with the provisions of the Treaty and the provisions of this paragraph.

Distribution warehouses with systems for filling road tankers must be equipped with at least one filling point that meets the specifications set out in Annex IV for the bottom filling devices. The Commission shall periodically review these specifications and shall empower it to adopt delegated acts in accordance with Article 7a amending Annex IV, taking into account the outcome of this review.

(2) The provisions of paragraph 1 apply

  1. from the date referred to in Article 10 for new distribution centers for filling road tankers, rail tank wagons and / or inland waterway vessels;
  2. after three years from the date specified in Article 10 for existing distribution centers for filling road tankers, rail tank cars and / or inland waterway vessels, if the throughput exceeds 150,000 tons / year;
  3. six years after the date specified in Article 10 for existing distribution centers for filling road tankers and rail tank cars, if the throughput exceeds 25,000 tons / year;
  4. nine years after the date referred to in Article 10 for all other existing filling facilities in distribution centers for road tankers and rail tank cars.

(3) The requirements for bottom filling devices in accordance with Annex IV shall apply nine years after the date specified in Article 10 for all filling stations for filling road tankers in all distribution centers, unless they are excluded under paragraph 4.

(4) Notwithstanding this, paragraphs 1 and 3 do not apply to

  1. existing distribution warehouses with a throughput of less than 10,000 tons / year;
  2. new distribution centers with a throughput of less than 5,000 tons / year on small, remote islands.

The Member States shall inform the Commission of the distribution centers to which this derogation applies.

(5) The Kingdom of Spain may allow a year to derogate from the deadline set out in paragraph 2 (b).

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1) OJ No. C 227, 03.09.1992 p. 3, and OJ No. C 270, 06.10.1993 p. 12.

2) OJ No. C 73, 03/15/1993 p. 6.

3) Opinion of the European Parliament of 24 June 1993 (OJ No. C 194, 19.07.1993 p. 325), common position of the Council of 4 October 1993 (not yet published in the Official Journal) and decision of the European Parliament of 9 October 1993 March 1994 (OJ No. C 91, 28.03.1994 p. 82). Confirmed on December 2, 1993 (OJ No. C 342, December 20, 1993 p. 15). Joint draft of the Conciliation Committee dated November 8, 1994.

4) OJ No. C 112, 20.12.1973 p. 1;
OJ No. C 139 of 13.06.1977 p. 1;
OJ No. C 46, 02/17/1983 p. 1;
OJ No. C 328, 07.12.1987 p. 1.

5) OJ No. L 242, 08/30/1991 p. 1.

6) OJ. No. L 109 of April 26, 1983 p. 8. Directive last amended by Commission Decision 92/400 / EEC (OJ No. L 221 of August 6, 1992, p. 55).

7) OJ No. L 301, 28.10.1982 p. 1.