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7002/17 KS/am DG E 1A EN
Council of the European Union
Brussels, 7 March 2017 (OR. en)
7002/17
ENV 231 ENER 100 IND 53 TRANS 92
COVER NOTE From: Secretary-General of the European Commission,
signed by Mr Jordi AYET PUIGARNAU, Director date of receipt: 28 February 2017 To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of
the European Union No. Cion doc.: SWD(2017) 65 final Subject: COMMISSION STAFF WORKING DOCUMENT
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
Delegations will find attached document SWD(2017) 65 final.
Encl.: SWD(2017) 65 final
135623/EU XXV. GPEingelangt am 07/03/17
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EN EN
EUROPEAN COMMISSION
Brussels, 28.2.2017 SWD(2017) 65 final
COMMISSION STAFF WORKING DOCUMENT
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
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Contents
1. INTRODUCTION ....................................................................................................... 4
1.1. Purpose of the evaluation .................................................................................. 4
1.2. Scope of the evaluation ..................................................................................... 5
1.3. Consultancy report ............................................................................................ 5
2. BACKGROUND TO THE INITIATIVE ................................................................... 5
2.1. Objective of the initiative .................................................................................. 5
2.1.1. Environmental problem ....................................................................... 6
2.1.2. Petrol and VOC ................................................................................... 6
2.2. Context of the initiative ..................................................................................... 6
2.2.1. Political context ................................................................................... 6
2.2.2. Legal context ....................................................................................... 7
2.3. Description of the initiative ............................................................................... 9
2.4. Baseline ........................................................................................................... 10
2.4.1. Baseline for the VOC-I Directive ...................................................... 11
2.4.2. Baseline for the VOC-II Directive .................................................... 11
3. EVALUATION QUESTIONS .................................................................................. 12
3.1. Effectiveness ................................................................................................... 12
3.2. Efficiency ........................................................................................................ 12
3.3. Coherence ........................................................................................................ 12
3.4. Relevance ........................................................................................................ 12
3.5. EU added value ............................................................................................... 13
4. METHOD .................................................................................................................. 13
5. IMPLEMENTATION STATE OF PLAY ................................................................ 14
5.1. Implementation of the VOC-I Directive ......................................................... 14
5.2. Implementation of the VOC-II Directive ........................................................ 14
5.3. Reporting ......................................................................................................... 15
6. ANSWERS TO THE EVALUATION QUESTIONS .............................................. 16
6.1. Effectiveness ................................................................................................... 16
6.2. Efficiency ........................................................................................................ 17
6.3. Coherence ........................................................................................................ 18
6.4. Relevance ........................................................................................................ 19
6.5. EU added value ............................................................................................... 19
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6.6. Article 7 of the VOC-II Directive ................................................................... 20
7. CONCLUSION ......................................................................................................... 20
7.1. Effectiveness and efficiency ............................................................................ 20
7.2. Coherence, Relevance and EU added value .................................................... 21
7.3. Follow-up actions ............................................................................................ 21
8. ANNEXES ................................................................................................................ 22
8.1. Annex 1: Procedural information .................................................................... 22
8.1.1. Organisation and timing .................................................................... 22
8.1.2. Regulatory Scrutiny Board ................................................................ 23
8.1.3. External expertise and evidence ........................................................ 23
8.2. Annex 2: Stakeholder consultation ................................................................. 24
8.3. Annex 3: Methods and analytical models used in preparing the evaluation ... 26
8.4. Annex 4: Current emissions: key figures ........................................................ 28
8.5. Annex 5: Relation between VOC-I, IED and the Gothenburg Protocol ......... 30
8.6. Annex 6: Main measures of the initiatives ...................................................... 31
8.6.1. VOC-I Directive ................................................................................ 31
8.6.2. VOC-II Directive ............................................................................... 32
8.7. Annex 7: Abbreviations and Glossary ............................................................ 33
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1. INTRODUCTION
1.1. Purpose of the evaluation
The Commission is systematically reviewing EU legislation in order to check that it is, and remains, "fit for purpose" through its Regulatory Fitness and Performance Programme (REFIT). REFIT emphasises the importance of EU regulation efficiently pursuing public policy objectives which are best achieved at the Union level.
In its Communication "Regulatory Fitness and Performance (REFIT): results and next steps" (COM(2013)685 final)1 and "State of play and outlook" (COM(2014)368)2, the Commission announced that the following directives shall be evaluated:
(1) Directive 1994/63/EC3 concerning emissions of volatile organic compounds (VOC) from the storage of petrol and distribution from terminals to service stations (hereinafter referred to as VOC-I Directive);
(2) Directive 2009/126/EC4 concerning petrol vapour recovery during refuelling of motor vehicles at service stations (hereinafter referred to as VOC-II Directive).
The evaluation assessed the effectiveness, efficiency, relevance, coherence and EU added value of the two Directives. Particular attention was paid to detecting and assessing regulatory burden and identifying opportunities for simplification.
Furthermore, the evaluation took account of Article 7 of the VOC-II Directive, which requires that the Commission shall, by 31 December 2014, review the implementation of this Directive and, in particular:
(a) The 100 m3/year threshold referred to in Article 3(1)(b) and (2)(b) of this Directive and Article 6(3) of Directive 94/63/EC;
(b) The in-service compliance record of Stage II petrol vapour recovery systems; and
(c) The need for automatic monitoring equipment5.
1 Annex to the Communication from the Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions - Regulatory Fitness and Performance (REFIT): Results and Next Steps, COM/2013/0685 final http://ec.europa.eu/smart-regulation/docs/20131002-refit-annex_en.pdf
2 European Commission Better Regulation website, http://ec.europa.eu/smart-regulation/refit/index_en.htm
3 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) http://eur-lex.europa.eu/legal-content/EN/NOT/?uri=CELEX:31994L0063&qid=1403523469351
4 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) http://eur-lex.europa.eu/legal-content/EN/NOT/?uri=CELEX:32009L0126&qid=1402400429664
5 Further explanation on these 3 provisions can be found in chapter 6.6.
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In view of conducting the evaluation in the most efficient manner, it was decided to evaluate both Directives in parallel, addressing Article 7 of the VOC-II Directive at the same time and also conducting an assessment of the implementation of the two Directives.
1.2. Scope of the evaluation
Although both Directives cover aspects of petrol storage and distribution, there is little overlap in terms of sectorial coverage6. While the VOC-I Directive covers production, large scale storage and transport of petrol, the VOC-II Directive targets service stations.
At the same time the two Directives cover only a small niche of the overall problem of VOC emissions, as further described in chapter 2.1. Although this evaluation was, therefore, not a Fitness Check, it was nevertheless conducted in a broader context by taking into account aspects of wider coherence with other legislation addressing VOC emissions and formation of tropospheric ozone. Furthermore, technical developments and relevant legislation in third countries were taken into account. In view of the numerous VOC emission sources, it needs to be emphasised that unless otherwise mentioned in this document, the abbreviation VOC only refers to VOC emissions from petrol.
The scope of the evaluation covered all aspects of the two Directives and assessed their impact since their entry into force, covering the whole European Union. In Member States that have joined the European Union after VOC-II Directive entered into force (i.e. Croatia), the evaluation was done at least for the period since the accession date.
1.3. Consultancy report
As described in more detail in chapter 4 and in chapter 8.1, a consultancy was contracted to conduct the evaluation study7. Therefore, this Staff Working Document only summarises the final results of the evaluation and provides the Commission services response to the findings and conclusions of the evaluation, as well as proposal regarding the follow up actions. For further details on this evaluation, the consultancy evaluation study should be consulted.
2. BACKGROUND TO THE INITIATIVE
2.1. Objective of the initiative
The Directives are expected to reduce the formation of tropospheric ozone and the level of harmful VOC (such as benzene) in the air and thereby contributing to improvement of air quality in the EU and reducing the number of respiratory related illnesses and casualties. In addition, the Directives contribute to achieving the commitments the EU made under
6 The only overlap is on road tankers that need on one side to comply with vapour recovery systems installed at
terminals (governed by VOC-I) and at the same time comply with those systems at service stations which are governed by VOC-II.
7 Evaluation of Directive 1994/63/EC on VOC emissions from petrol storage & distribution and Directive 2009/126/EC on petrol vapour recovery – Final evaluation report. 2016, Amec Foster Wheeler et.al. 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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international agreements such as the Gothenburg Protocol8 and the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR)9.
2.1.1. Environmental problem
VOC are a group of chemicals that contribute to the formation of tropospheric ozone (also referred to as ground-level ozone), which is not emitted as such, but formed in the atmosphere after photochemical reactions of its precursors. Other ozone precursors include nitrogen oxides and carbon monoxide.
In the EU, tropospheric ozone is one of the air pollutants of most concern. Exposure to ozone causes cardiopulmonary problems such as asthma, bronchitis or heart attacks and can lead to premature death. High levels of ozone also damage vegetation and forest by impairing reproduction and growth, which reduces agricultural crop yields and has an impact on biodiversity. Moreover, ozone is a greenhouse gas and damages some materials such as plastics or rubber. As a result, anthropogenic ozone pollution can have a high societal cost.
In addition, some VOC, such as benzene or toluene, also have harmful properties e.g. chronic or acute toxicity.
2.1.2. Petrol and VOC
Petrol is a complex mixture of VOC to be used primarily as fuel in combustion engines. There is no single definition of petrol. The VOC-I and VOC-II Directives define petrol as any petroleum derivate, with or without additives, having a Reid vapour pressure of 27.6 kilopascals or more, which is intended for use as fuel for motor vehicles, except liquefied petroleum gas. Though not mentioned in this definition, petrol is typically a liquid fraction of VOC thus, excluding gaseous VOC such as methane.
2.2. Context of the initiative
2.2.1. Political context
The current REFIT evaluation concerns two Directives that have been in place since 1994 and 2009 respectively and has been undertaken in conjunction with the legal obligation to review the VOC-1 Directive. The evaluation is also relevant in the context of implementing the Clean Air Policy Package adopted by the Commission in December 2013. It followed the completion of an extensive assessment of the Union's air quality policy framework and of state of the air quality in the European Union. This included an in-depth assessment of some of the most relevant instruments, notably the Ambient Air Quality Directive10 and the National Emissions Celling Directive11, combined with a more general assessment of the
8 1999 Gothenburg Protocol to Abate Acidification, Eutrophication and Ground-level Ozone,
http://www.unece.org/env/lrtap/multi_h1.html
9 The 1957 European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) https://www.unece.org/trans/danger/publi/adr/adr_e.html
10 Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (OJ L 152, 11/06/2008, p. 1–44)
11 Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants (OJ L 309, 27.11.2001, p.22)
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large range of instruments controlling air pollution emissions at source, including national policies.
The assessment concluded that although the existing policy framework enabled a significant reduction in air pollution, important challenges remained to be tackled. Particulate matter (PM) and tropospheric ozone were identified as key priority substances. The strategy resulted from extensive integrated analysis and sets out reduction targets and national and sectorial pathways extending till 2030 for all relevant pollutants, including precursor substances for PM and ozone. To further reduce VOC, the strategy relies on the full implementation of the existing source legislation, whilst also suggesting that Member States may have to take additional measures.
2.2.2. Legal context
The VOC-I and VOC-II Directives are not the only legislative acts dealing with VOC or addressing the formation of tropospheric ozone. VOC are also addressed by overarching policy documents such as the 7th Environmental Action Program12 which states that ecosystems still suffer from issues such as ozone pollution13.
Also, the EU and its Member States have international obligations under the Gothenburg Protocol to the 1979 Convention on Long-range Transboundary Air Pollution to Abate Acidification, Eutrophication and Ground-level Ozone: Annex VI to the Gothenburg Protocol limits the VOC emissions released from storage and distribution of petrol.
Table 1 provides an indicative and non-exhaustive list of legislation that addresses VOC directly. An overview of legislation addressing VOC and the relative contributions of the different sectors is available in chapter 2 of the evaluation study.
12 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’ (OJ L 354, 28.12.2013, p. 171–200) http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32013D1386
13 See Annex to the 7th Environment Action Plan, point 19.
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Table 1: Key legislation addressing VOC (not exhaustive)
The Paints Directive 2004/42/EC14
Industrial Emissions Directive (IED)15 in particular:
Chapter II on Integrated Pollution Prevention and Control
Chapter V on installations and activities using organic solvents
Linked Best Available Techniques Reference documents (BREFs)16 notably on refineries, chemicals processes, and surface cleaning and storage
National Emissions Ceilings Directive
Ambient Air Quality Directive
Vehicle Type Approval legislation, including Euro 5 and Euro 6 Emissions Regulation17
Fuel quality and biofuels18
Non-road mobile machinery19
Member State legislation on agricultural waste and fossil fuel exploration (gas, oil, coal etc.)
There are also international agreements to which the European Union is a Party and that govern VOC or VOC related aspects. These include, for example, Annex VI to the Gothenburg Protocol providing for a range of obligations that apply to petrol production, storage and distribution. A large part of this Annex is implemented in the EU through the two Directives.
14 Directive 2004/42/CE of the European Parliament and of the Council of 21 April 2004 on the limitation of
emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC (OJ L 143, 30/04/2004, p. 87–96)
15 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control), OJ L 334, 17.12.2010, p. 17–119 http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1459859237663&uri=CELEX:32010L0075
16 http://eippcb.jrc.ec.europa.eu/reference/
17 Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (Text with EEA relevance) (OJ L 171, 29/06/2007)
18 http://ec.europa.eu/clima/policies/transport/fuel/index_en.htm
19 http://ec.europa.eu/enterprise/sectors/mechanical/non-road-mobile-machinery/index_en.htm
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Furthermore, links exist to agreements dealing with safe transport such as the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR)20, which also provides for safety specifications for vehicles.
2.3. Description of the initiative
To achieve their objectives, the Directives include obligations concerning the design of storage tanks, transport vehicles, terminals and service stations. The Directives also set dates by when those measures have to be fulfilled.
The VOC-I Directive applies to the operations, installations, vehicles and vessels used for storage, loading and transport of petrol from one terminal to another or from a terminal to a service station. It contains measures that terminals should employ such as floating roofs and reflective coatings, to reduce evaporative losses from storage tanks. In addition, when petrol is loaded onto tankers and transported to service stations, the VOC-I Directive ensures that any vapours are recovered and returned to the tanker or terminal.
The VOC-II Directive aims at the recovery of petrol vapour that would otherwise be emitted to the air during the refuelling of vehicles at service stations. To achieve this objective, the VOC-II Directive provides obligations for the design and operation of storage tanks and petrol dispenser at filling stations.
The intervention logic presented in Figure 1 provides an overview of the main actions and their expected outcome. The main measures of the initiatives are described in more detail in Annex 6 (see chapter 8.6)
20 http://www.unece.org/trans/danger/danger.html
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Figure 1: Intervention logic
2.4. Baseline
Table 2 depicts the development of VOC emissions and emission reductions from 1995 through to 2020 based on the model used by the consultant.
In addition to emission reduction, the Directives were also established to ensure a well-functioning internal market. As some Member States had already taken measures before Union action, there was a risk of fragmentation in the absence of an EU level intervention.
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Table 2: Development of emissions in EU-28 1995
emissions 1995-present reductions Current
emissions (2012)
Projected emissions (2020)
Further projected reductions
(kt) Total (kt) attributed to the decrease in petrol consumption (kt)
attributed to the Directive (kt/%)
(kt) (kt) (Current to 2020) (kt)
VOC-I21 399 259 100 153 / 59 140 129 10
VOC-II 201 159 68 86 /54 42 25 17
Total 600 418 168 239 / 57 182 154 27
2.4.1. Baseline for the VOC-I Directive
For the VOC-I Directive a fully comparable baseline cannot be established because it was adopted already in 1994 and since then, the EU was enlarged with 13 new Member States, which were not taken into account in 1994. Moreover, it was not possible to model the emissions outside refineries (e.g. from terminals or transport). Table 2 is based on the model used by the consultant and further outlined in chapter 5 of the evaluation study. However, with regard to the 1995 emissions of VOC-I (399 kt), it should be noted that information22 dating from the 1990s suggested significantly higher contributions of these activities. In 1994 it was estimated that the total emissions in EU15 were around 500 kt, representing about 5% of all anthropogenic VOC emissions. Hence using this more conservative modelling used by the consultants might have resulted in an underestimation of effectiveness and cost-efficiency.
2.4.2. Baseline for the VOC-II Directive
In May 2005, ENTEC23 estimated that 2010 emissions for the EU27 plus Croatia, for vehicle refuelling and spillage, would be 87 200 tons and 10 400 tons respectively, which represented about 1% of total emissions of anthropogenic emissions in 2005. This was the latest data available when preparing the legislative proposal. In 2008 an increase in the regulated vapour pressure from 60 kPa to 70 kPa was discussed to facilitate the introduction of biofuels (i.e. petrol-ethanol mixtures), which was estimated to increase these emissions to 90 500 and 10 800 tons respectively. At that time 16 Member States had already deployed Stage-II controls for service stations in various forms.
The VOC-II Directive became applicable only in 2012, which is also the year for which the latest complete dataset exist.
21 These emissions take into account the emissions from storage at terminals in refineries. Although these are
included in the scope of the VOC-I Directive, the model used for the evaluation study was not able to calculate the reductions attributed to the Directive and those resulting from other applicable legislation. This means that in particular the current and projected emissions constitute an overestimation.
22 Estimation provided in the recitals of VOC-I whereas the figure in Table 2 is based on data reported to the European Environment Agency.
23 Stage II Petrol Vapour Recovery – Final Report, prepared by ENTEC UK Limited on behalf of the European Commission, 17 May 2005 https://circabc.europa.eu/w/browse/92c8abbb-d16b-41d0-9613-558932c19876
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To consider the full impact of emissions from the sectors covered by the VOC-II Directive and in order to assess the effect of pre-existing national legislation, the evaluation study investigated the development since 1995, as depicted in Table 2. This has also been done in view of the initial proposal for a VOC-II Directive in 199424, which also contributed to setting the scene for national legislation. In 1994 emissions from refuelling operations at service stations were estimated to be 200 000 tons in EU15, thus representing about 2% of all anthropogenic VOC emissions.
3. EVALUATION QUESTIONS
The key evaluation questions can be summarised as outlined in the following chapters. The full set of questions and their analytical framework is included in the evaluation study in its Appendix C.
3.1. Effectiveness
Did the Directives show the expected results? How have the Directives contributed to reducing VOC emissions? What was their impact? What main factors have contributed to or stood in the way of achieving these objectives?
Have the Directives contributed to achieving a common approach within the EU towards VOC? To what extent was the choice of management method appropriate for maximising the impacts achieved?
3.2. Efficiency
To what extent is the overall cost of the Directives proportionate to the results and impacts being achieved? If any inefficient provisions or disproportionate sources of cost can be identified (e.g. in relation to implementation, administration, compliance, monitoring), what has caused them? Furthermore, if the implementation cost should differ from the estimated cost (where such data is available), what has caused this difference and what lessons can be learned?
What evidence is there that the Directives could be simplified, making them clearer and easier to understand while maintaining their integrity and purpose?
3.3. Coherence
To what extent are the Directives satisfactorily integrated and coherent with other EU legislation?
What gaps, overlaps, discrepancies, contradictions or similar issues regulated in other relevant legal acts, standards or activities can be identified?
3.4. Relevance
How are the key problems and concerns related to VOC emissions from petrol still addressed by the objectives of the Directives (e.g. to what extent are the objectives still relevant to meet current needs)?
24 SEC(94)1547
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Which (if any) obsolete provisions in the Directives can be identified and why are such provisions obsolete? How have the Directives been adapted to any technical or other developments since their adoption?
3.5. EU added value
What has been the EU added value of the Directives? To what extent do the issues addressed by the Directives continue to require action at EU level? What would be the most likely impacts of repealing the Directives?
4. METHOD
The evaluation started in 2014 and its core was an evaluation study prepared by a consultant, whose work was governed and overseen by the Interservice Steering Group (see chapter 8.1 for details). The evaluation was mainly based on literature research, a survey amongst stakeholders and targeted interviews. Survey responses indicated or confirmed a lack of interest of the general public, likely because of the rather technical character of the issues raised. In the light hereof, it was decided that, there was no added value in undertaking a web-based consultation (see chapter 8.28.2 for details), but instead the survey was made publicly available and the findings were subject to a public workshop. The evaluation study investigated the evaluation questions guided by the evaluation criteria, in particular as regards effectiveness, coherence and EU-added value. In parallel, the consultant assessed the status of implementation of both Directives in the Member States. A more detailed description of the process is available in chapter 8.1 and in chapter 3 of the evaluation study.
Overall, the available data and information appear to be sufficiently robust to allow for an appropriate evaluation. However, there are a few limitations:
(1) For both Directives it was difficult to establish the link between the Directive and the associated VOC emissions, since there is no dedicated data collection and generic emission data on VOC that singles out the sectors covered by the Directives. This was further complicated by the fact that change is also driven by developments in petrol consumption and other legislation covering the sectors.
(2) For the VOC-I Directive limited quantified evidence (both ex-ante and ex-post) on the cost and benefits of the measures have been identified, mainly due to the implementation about 20 years ago. Furthermore, the sector is also governed by other pieces of legislation such as the Industrial Emissions Directive and the rules on transport of dangerous goods.
(3) For the VOC-II Directive limited quantified ex-post evidence on the cost and benefits of the measures has been identified. This is due to the fact that several Member States already had corresponding rules in place for more than a decade prior to the adoption of the VOC-II Directive, so it was difficult to clearly identify what has triggered the change. Furthermore, the implementation of all measures is not yet complete. The VOC-II Directive had to be transposed by Member States only by 2012. However, the measures for large service stations in Article 3(3) have an implementation deadline by the end of 2018 and there is no specific deadline for medium-sized service stations (see also chapter 8.6). Also considering that the latest data form several key datasets is from 2014 or earlier, it was not yet possible to estimate the full benefit of the VOC-II Directive due to the lack of up-to-date information.
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(4) The stakeholder group involved in the area is rather limited in size. In addition, there was a lack of interest from organisations representing the general public.
In most cases, triangulation from different data sources was possible, achieving at least a satisfactory picture. The full set of constraints and data limitations is outlined in the evaluation study in chapter 3.4.3. The mitigation measures taken to ensure the robustness of the evaluation are described in the relevant chapters of the evaluation study.
5. IMPLEMENTATION STATE OF PLAY
The evaluation study provides, in its Appendix D, a full overview of the implementation situation in each Member State.
5.1. Implementation of the VOC-I Directive
The VOC-I Directive has been transposed by all Member States and the provisions seem to be largely implemented. While no significant problems with the implementation have been highlighted, some minor issues remain:
Finland and Sweden have implemented the VOC-I Directive completely, except for Annex IV (specifications for road tankers), due to local climatic conditions. However, the evaluation study concluded that this is not expected to have significant implications for the level of environmental protection or for the internal market and that mitigation measures have been taken to ensure compatibility with systems of other Member States (for further details please see chapter 4.3.1 of the evaluation study).
France, Greece and Malta indicated that there may still be a small number of road tankers which do not comply with the obligations.
Croatia is late with re-fitting some of its terminals and most service stations.
Lithuania and Portugal did not provide sufficient information to fully assess all details of their status of implementation, though on the basis of the information already provided, no major problems are expected.
Several Member States have introduced more stringent concentration limits for VOC emissions at vapour recovery units than set in the VOC-I Directive, in line with developments regarding Best Available Techniques (BAT) under the Industrial Emissions Directive and other related EU law (see chapter 8.5 for details).
5.2. Implementation of the VOC-II Directive
The VOC-II Directive has been transposed by all Member States into national law, albeit in some Member States with delay. In 2013 the last infringement procedures for non-transposition were closed. Some Member States with pre-existing legislation have gone beyond the obligations of the VOC-II Directive. Due to the different deadlines set out in the VOC-II Directive, practical implementation of all measures (i.e. installation of Stage-II-systems in all service stations) is not yet required. The evaluation study found that so far 72% of all service stations in EU28 are fitted with Stage-II systems. Given that smaller service stations are exempted and not all deadlines for implementation have passed yet, this high rate suggests that good progress is being made. However, as depicted in Figure 2, the situation
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differs significantly across Member States. While 15 Member States have already reached or are above the average of 72%, others could be lagging behind25.
Figure 2: Level op uptake of Stage-II-systems across EU28 (estimated)
5.3. Reporting
The VOC-I Directive includes in its Article 9 a provision on monitoring and reporting, suggesting a reporting on its implementation every three years. The VOC-II Directive does not include such a provision. The issue of reporting has not been specifically addressed in the evaluation study and was also not mentioned by stakeholders.
It follows from a 200926 study that most Member States have implemented and applied the obligations of the VOC-I Directive
Given the high level of implementation and compliance, and the need to avoid any unnecessary administrative burden, the reporting mechanism does not have any benefit for the future. The assessment of implementation, e.g. in the context of legislative reviews, such as this REFIT evaluation of the VOC-I Directive, is sufficient. Article 9 of the VOC-I Directive makes reference to the procedures laid down in Article 5 of Directive 91/692/EEC27.
25 It needs to be pointed out that the data refer to the total number of service stations including small ones and
those for which deadlines have not yet passed. Therefore, depending on the local market situation, low coverage rates do not immediately suggest a compliance problem. Furthermore, the data is partially based on estimations which may be outdated. Further details are available in chapter 6.2.2 of the evaluation study.
26 Entec UK Limited et al, 2009, Assessment of the Implementation of the VOC Stage I Directive (1994/63/EC) https://circabc.europa.eu/sd/a/c786650a-4161-4f3a-990c-431be0fe18cd/voc_stage1%20assessment%20-%20final%20report.pdf
27 Council Directive 91/692/EEC of 23 December 1991 standardizing and rationalizing reports on the implementation of certain Directives relating to the environment (OJ L 377, 31.12.1991, p. 48–54) http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1466430454338&uri=CELEX:31991L0692
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In line with the Commission Work Programme 201628, the Commission proposes to repeal Directive 91/692/EEC29, including actual reporting obligations included in various environmental directives covered by it, such as Article 9 of the VOC-I Directive, without unnecessary administrative burden.
6. ANSWERS TO THE EVALUATION QUESTIONS
This chapter only provides the main findings and conclusion from the evaluation questions. Further details for the VOC-I and VOC-II Directives are available in the evaluation study in chapters 5 and 7 respectively.
6.1. Effectiveness
Between 1990 and 2012, total anthropogenic VOC emissions reduced by 50% and the VOC emissions from the activities covered by the two Directives reduced by approx. 70%30.
As depicted in Table 2 above, both Directives have led to changes and reduced the level of VOC emissions from petrol storage and distribution. There are four key findings:
Emissions from the sectors covered by the two Directives (without changes in petrol consumption) represent about 3% of the total reduction of anthropogenic VOC emissions in the EU since 1995.
In 1994 the contribution from the activities covered by the two Directives were estimated to represent 7% of the total anthropogenic VOC emissions (5% from VOC-I and 2% from VOC-II). Current emissions represent about 0.7%31 of the total current anthropogenic VOC emissions (about 0.1%32 from VOC-I and 0.6%33 from VOC-II).
About 57% of the emission reductions since 1995 can be attributed to the Directives. The rest is due to changes in petrol consumption and, to some minor extent, the result of pre-existing measures taken by Member States.
28 Communication from the Commission to the European Parliament, the Council, the European Economic and
Social Committee and the Committee of the Regions – Commission Work Programme 2016 No time for business as usual (COM/2015/0610 final ) http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1465554634604&uri=CELEX:52015DC0610
29 COM(2016)789 final
30 As outlined in chapter 2.4 the model used by the consultant is likely to result to conservative estimates.
31 Data limitations are described in chapter 3.4.3 of the evaluation study.
32 It should be noted that this percentage represents the emissions of the activities that are controlled by the Directive and that could be modelled. It does not include emissions from storage at terminals at refineries. While the model used in the evaluation study suggests that emissions from refineries could amount up to 1,3%, the model was not able to consider reductions due to other, more stringing legislation e.g. the Industrial Emissions Directive. As a result of other legislation, emissions from refineries are expected to be much lower and unlikely to be significant in this context.
33 It should be noted that this percentage represents the emissions of the activities that are controlled by the Directive and that could be modelled (refuelling at stations). Emissions from tank breathing and spillages are not controlled by the Directives and are not included in this percentage but those were estimated to be insignificant in this context.
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A further decrease of emissions of about 6% by 2020 can be expected, but largely as a result of changes in petrol consumption and less as the result of progressing implementation.
Remaining emissions from terminals at refineries could not be accurately modelled and are therefore not included in the figure above. Chapter 5.2.8 of the evaluation study investigated whether there are any technical or other developments that could contribute to further reduction of emissions. Emissions from refineries are also covered by the Industrial Emissions Directive (IED) and the interaction with the VOC-I Directive and potential reduction options were already considered in the 2009 implementation assessment of the VOC-I DirectiveError!
Bookmark not defined.. It was found that setting tighter emission limit was not cost-effective mainly for two reasons:
Most Member States have already set substantially tighter limits. The additional achievable reductions appeared to be extremely small (5 kt i.e. 0,05% of total VOC emissions);
Achieving lower emission levels comes at the price of increased energy consumption, rendering the benefits void.
Apart from reducing emissions, the Directives have also been found to be effective through harmonising the obligations and objectives throughout the EU. This has contributed to creating a level playing field and common approach in the EU, enabling cross-border trade of petrol and equipment.
6.2. Efficiency
For the VOC-I Directive, there is limited quantified evidence (either ex-ante or ex-post) on the costs and benefits of implementing Stage-I controls, mainly due to its implementation a long time ago. This has precluded any form of robust cost-benefit analysis.
Also for VOC-II Directive, there is limited quantified ex-post evidence on the costs and benefits of implementing Stage-II controls for operators and authorities. However, available ex-ante data from the impact assessments developed on the VOC-II Directive by the Commission and some Member States have been used to estimate the annual costs of implementing Stage-II systems (i.e. not discounting the costs incurred prior to the adoption of the VOC-II Directive). These estimates are still valid, as they were based on actual implementation costs for Member States that were already introducing Stage-II-controls when the VOC-II Directive was introduced.
Taking into consideration the uncertainty, the annualised costs and benefits for the EU28 are as presented in Table 3.
For both Directives, there are additional non-monetised benefits associated with the safeguarding of employment in this sector and with having a high degree of harmonisation concerning technical provisions. For instance, equipment suppliers benefit from a common design (e.g. for the connection of mobile tankers to storage tanks) that ensures EU-wide trade.
Small throughput sites, especially those operated by SMEs, are likely to have relatively higher compliance costs due to economies of scale, whilst having less resources to face those costs (i.e. higher cost of controls per litre of petrol sold).
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Table 3: Cost and benefits
Annualised cost (million EUR)
Cost effectiveness (EUR/tonne of VOC abated)
Annual benefits (million EUR)
Capital and maintenance
Administration & compliance
Health and environment)
Recovered petrol sale
VOC-I Not established 162-479 136
VOC-II
199 13 2 314 92-270 77
In terms of wider economic context, it may be useful to refer to total EU fuel sales figures, amounting in 2012 to 242 829 million litres of diesel fuel and 109 328 million litres of petrol fuel34.
There is some scope for simplification of the VOC-I Directive e.g. by replacing certain technical obligations with references to CEN Standards, though issuing supporting guidance could also serve the same purpose at less cost and lower regulatory burden. For the VOC-II Directive, there is limited scope for simplification, which appears to be better achieved with the issuance of guidance, rather than with an amendment of the VOC-II Directive. For the same reasons, benefits of merging the VOC-I and VOC-II Directives do not appear to outweigh the administrative burden it would cause, moreover, there is limited sectorial overlap between the two Directives.
6.3. Coherence
Overall, both Directives are coherent with other EU and international legislation on air quality.
For the VOC-I Directive the most relevant finding was a seeming inconsistency with the Gothenburg Protocol, as amended in 2012. Annex II to the VOC-I Directive sets a limit for vapour recovery units at terminals of 35 g/Nm³ whilst the Gothenburg Protocol sets a limit of 10 g/Nm³ for new emission sources. However, due to the different legislative conditions surrounding those values (e.g. the averaging period), they cannot be directly compared. Also the Gothenburg Protocol provides for flexibility on how targets are achieved. Furthermore, whilst the VOC-I Directive was initially the only EU legislation limiting such emissions, it now complements conclusions on Best Available Techniques (BAT) conclusions under the IED, which set limits in line with the amended Protocol. Together, these provisions of EU legislation ensure coherence with the Gothenburg Protocol. Moreover, the limit of 35 g/Nm³ plays the role of 'safety net' for cases where Member States would grant derogations under IED. More detailed information is available in the annex in chapter 8.5 and in the evaluation study in chapters 4.3.3 and 5.4.3.
For the VOC-II Directive, the most relevant link is with the Fuel Quality Directive35 (FQD), which establishes derogations to allow bioethanol and low temperature waivers, which may
34 Report from the Commission to the European Parliament and the Council on Quality of petrol and diesel
fuel used for road transport in the European Union, COM(2014) 127 final of 10.3.2014
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hamper the overall effectiveness of Stage-II controls (see 2.4.2 above). In practice, these instruments are considered coherent, as the process for allowing higher volatility petrol under the FQD takes into account the application of Stage-II controls, and includes provisions for ensuring that VOC emission increases do not prevent meeting national and international emissions and air quality obligations.
6.4. Relevance
The Directives remain relevant because they respond to the environmental and health objectives of the EU. As outlined in chapter 2.2.1 the Directives remain in particular relevant also in the light of the clean air objectives established in the 7th EAP and the Clean Air Policy Package which reaffirmed the need for tighter national ceilings for VOC emissions in 2020 and 2030.
The majority of consultees have a positive to very positive view of the Directives (75% for VOC-I and 65% of VOC-II).
For the VOC-I Directive, there is potential to better respond to today’s needs by better reflecting the current state of the art technologies, e.g. by removing obsolete provisions or replacing some technical provisions in the annexes by references to CEN standards. However, although its annexes have never been updated (although the VOC-I Directive includes a mechanism for doing so), this has not prevented Member States from setting stricter measures in their national legislation and reaching performance levels beyond those in the Directive.
It appears that the VOC-II Directive has kept up with technological progress, as seen through its recent amendment36, which makes reference to CEN standards. Based on the consultation, Article 5(3) of the VOC-II Directive may be obsolete (or at least ineffectual) in terms of its usefulness in informing consumers of the existence of Stage-II controls.
6.5. EU added value
The consultation acknowledged the benefits of this field being regulated at EU level.
The Directives have been important in establishing an EU-wide common approach, in facilitating cross-border trade of petrol and equipment and in providing a “safety net” of environmental protection, in particular in view of international commitments of the Union. The figures in Table 3 clearly demonstrate the added economic value, measured in terms of reduced harmful effects on health and the environment and in terms of sales of recovered petrol. The VOC-I Directive has in particular led to a sharp decrease of emissions from the distribution of oil products in the period 1990 to 2000 (2.7 to 1.4 t/million litres sold) and a more steady decrease in the period 2000 to 2012 (1.4 to 1.1 t/million litres sold).
In their absence (or in case of their repeal) it is likely that individual national action would have led to divergent regulatory systems hampering the single market (e.g. by prescribing
35 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
36 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
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different technical solutions). Notwithstanding this, the Gothenburg Protocol is also relevant in driving action, though it is noted that its development is closely linked with the Directives.
6.6. Article 7 of the VOC-II Directive
In addition to the more typical evaluation questions above, Article 7 of the VOC-II Directive required the Commission to review the implementation of the Directive and in particular the listed below three topics. As required by Article 7, the Commission has also prepared a report to the European Parliament and the Council in which this is addressed in more detail:
(1) The 100 m3/year threshold below which service stations are falling outside the scope of the VOC-II Directive: Stakeholders generally accepted the threshold as being appropriate. Moreover similar exemptions for small stations also exist outside the EU. Lowering the threshold is unlikely to have significant impact in terms of environmental benefit compared to the costs.
(2) The analysis of the requirement to test the in-service petrol vapour capture efficiency highlighted the importance of undertaking routine tests (at least annually) 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 VOC-II Directive.
(3) The assessment of the need for automatic monitoring equipment found that the use of automatic monitoring systems is only mandatory in 3 Member States, with uptake generally low in those Member States where its use is voluntary. The main barrier to uptake is high cost and lack of knowledge. The additional emission reductions related to the automatic monitoring equipment throughout the EU appear to be limited, thus the current voluntary approach seems to be appropriate in terms of cost-effectiveness.
More detailed information is available in chapter 6.3 of the evaluation study.
7. CONCLUSION
Both Directives score well on all 5 REFIT evaluation criteria, i.e. they have been found to be effective, efficient, coherent, relevant and having EU added value.
7.1. Effectiveness and efficiency
The evaluation has shown that both Directives have led to the desired reduction in VOC emissions from petrol storage and distribution. Today, the activities contribute only 0.7% of all anthropogenic VOC emissions in the EU. Few, if any problems were experienced during their implementation. Whilst a few Member States seem to be delayed with the implementation of some issues, this does not appear to threaten achieving the overall objective.
As a result of the limited amount of data available, it was not possible to conduct a robust cost-benefit analysis. However, available data (see Table 3) suggests that costs are proportionate to benefits, in particular when considering the additional non-monetised effects and the revenue generated from re-sale of recovered petrol. At the same time, benefits only exceed costs by a limited margin. This suggests that costs of measures to further decrease emissions would likely outweigh achievable benefit, in particular in view of the minor share of emissions from this sector compared to overall anthropogenic VOC emissions.
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There is scope for simplifying certain provisions of the VOC-I Directive e.g. by removing obsolete provisions or replacing some technical provisions in the annexes by references to CEN standards. However, there is no evidence that the concerned provisions cause noteworthy problems. Therefore, such simplification would not be cost-effective as administrative costs of simplification would outweigh benefits. The situation is different for the obsolete reporting obligation in Article 9 of the VOC-I Directive, which could be repealed.
7.2. Coherence, Relevance and EU added value
Both Directives are in general coherent with each other and other Union legislation. Some minor issues have been identified, but do not hamper proper implementation.
The Directives remain relevant as they still respond to the environmental and health objectives of the EU as reaffirmed in the 7th Environment Action Programme and the Clean Air Policy Package. They are providing a “safety net” of environmental protection, in particular in view of international commitments of the Union. Additionally, the Directives have been important in establishing an EU-wide common approach, in facilitating cross-border trade of petrol and equipment thus promoting effective functioning of the single market. In their absence (or in case of their repeal) it is likely that individual national actions would have led to divergent regulatory systems.
7.3. Follow-up actions
Given the outcome of the evaluation, and in particular, the small contribution of the activities to the overall VOC emissions problem, changes in the legislative framework do not appear to be justified for the moment. The Commission will continue to cooperate with Member States to assist them in achieving full implementation of the Directives.
The reporting obligation under Article 9 of the VOC-I Directive will be repealed in the framework of the proposed repeal of Council Directive 91/692/EEC37.
37 COM(2016) 789 final
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8. ANNEXES
8.1. Annex 1: Procedural information
The evaluation was conducted by the Directorate General for Environment. The work covers two items in the Commission's Agenda Planning:
(1) 2016/ENV/066 REFIT of the VOC Directive, Stage-I, and
(2) 2016/ENV/068 REFIT and report of the VOC Directive, Stage-II
The evaluation mandate (Ares(2014)3925952) was published on 11 December 201438. The roadmap was published on 29 July 2016.
8.1.1. Organisation and timing
The evaluation was conducted in close co-ordination with the Interservice Steering Group, which had been established early on and consisted of all Directorates General, having immediate links with the Directives evaluated. This ISG involved:
(1) DG Environment (ENV)
(2) DG Internal Market, Industry, Entrepreneurship and SMEs (GROW)
(3) DG Climate Action (CLIMA)
(4) DG Mobility and Transport (MOVE)
As shown in Figure 3, during the process of evaluation the Interservice Steering Group has met 6 times.
Figure 3: Timeline of the REFIT evaluation
Date Activity
04/07/2014 1st meeting of the Interservice Steering Group: kick-off, mandate, TOR for the evaluation study
21/11/2014 Evaluation included on EUROPA website
28/11/2014 2nd meeting of the Interservice Steering Group: Inception meeting with consultant
11/12/2014 Evaluation mandate made available online
38 https://circabc.europa.eu/sd/a/f7cd3dfc-8eae-4707-93fa-
98e5f89ce08d/141124%20VOC%20evaluation%20mandate%20v1-0%20-%20final.pdf
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Date Activity
23/01/2015 3rd meeting of the Interservice Steering Group: Discussion of screening report with consultant
Feb 2015 – Nov 2015
Consultation of stakeholders (survey, targeted interviews, workshop, written exchanges)
10/06/2015 4th meeting of the Interservice Steering Group: Discussion of the interim report with consultant
03/09/2015 Updated roadmap submitted for approval
21/09/2015 Public workshop on the findings of the evaluation and the interim evaluation report
10/12/2015 Submission of final evaluation report
17/02/2016 5th meeting of the Interservice Steering Group: Finalisation of quality assessment and discussion of the outcome of the evaluation and next steps
18/02/2016 Evaluation study published in EU Bookshop
May 2016 Final discussion with the Interservice Steering Group on the Staff Working Document and the Commission Report in written exchange.
3rd quarter 2016 Launch of the Interservice-Consultation of the Staff Working Document and the Commission Report
4th quarter 2016 Planned date for the publication of the Staff Working Documents by the Commission
8.1.2. Regulatory Scrutiny Board
This evaluation had not been selected for consultation by the Regulatory Scrutiny Board (which had not been formed in its current setup when the evaluation started). As no legislative proposal is being formulated, the evaluation also does not fulfil the conditions for obligatory consultation.
8.1.3. External expertise and evidence
To conduct the evaluation study and gather the relevant information, the Commission contracted an external consultancy. The annex of the evaluation study includes a list of all data sources used and also describes how the information and data was assessed for its quality and robustness.
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8.2. Annex 2: Stakeholder consultation
At the beginning of the evaluation the Interservice Steering Group (ISG) agreed on following consultation strategy:
(1) A targeted survey based on an agreed questionnaire. The survey took place between March and May 2015. The survey was announced on the policy website39 and the questionnaire was made publically available on CIRCABC (linked through the policy website)40.
(2) Informal interviews were conducted in April and May 2015 with selected stakeholders to obtain more detailed insight where this was deemed necessary to fill gaps.
(3) A public workshop to present the findings of the evaluation and to seek further input prior to finalising the report took place on 21 September 2015.
The ISG agreed to target the following stakeholders: competent authorities in EU Member States, selected 3rd countries, industry (including SME), non-governmental organisations (NGO), individual experts, and other Commission services. The consultant invited all stakeholders known from previous exercises in this policy area to contribute.
The ISG thoroughly discussed whether or not a formal and open public consultation should be undertaken. It was found that the questions related to the rather technical and specific measures of the Directives, which are addressed to economic operators, were unlikely to yield general public interest and thus a formal and open public consultation would have very limited added value. Instead, it was agreed that abovementioned survey should be made publicly available in case of any interest of individuals and that the workshop would be open for interested individuals as well.
The outcome of the consultations confirmed this assessment. In their survey responses several stakeholders had also explicitly referred to the lack of public interest. Despite repeated efforts of the consultant conducting the survey, only one NGO representing the general public in the wider policy area expressed some interest in the matter.
About a year into the process the new agenda on Better Regulation41 became available, which requested to apply public consultations to all evaluations. It was also in general advised to apply it to already running evaluations. In view of this advice the situation was re-assessed by the ISG. However, for following reasons it was not considered meaningful to add an open public consultation at that stage:
(1) The lack of public interest;
(2) The fact finding work of this evaluation was already well advanced when the new better regulation guidelines were adopted;
39 http://ec.europa.eu/environment/air/transport/petrol.htm
40 In accordance with good practice applicable at the time.
41 COM(2015)215 final
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(3) The preliminary results of the study did not suggest that any additional value could be generated by a public consultation;
(4) The disproportionate additional administrative burden (change of contractual arrangements, additional cost (e.g. for the translation), time-delays, etc.).
Therefore, the ISG concluded that this evaluation should make use of the transitional period rule provided in the Better Regulation communication42 and not conduct any open public consultation.
More information about the stakeholder consultation is available in chapter 3.3.3 of the evaluation study.
42 See footnote 6 of COM(2015)215 final, indicating that a transitional period will apply until the end of 2015 for
those initiatives which are already well advanced.
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8.3. Annex 3: Methods and analytical models used in preparing the evaluation
This annex provides a summary of the methodology used to prepare this evaluation. The methodology is described in detail in chapter 3 of the evaluation study.
The methodology was designed in accordance with the Commission Evaluation Guidelines and was guided by the evaluation questions and the five evaluation criteria: effectiveness, efficiency, relevance, coherence and EU added value. The VOC-I and VOC-II Directives were evaluated individually but have also been analysed together as a policy package.
Figure 4: Project workflow
The evaluation followed an analytical framework which maps the following elements by evaluation criterion:
Evaluation questions and/or sub-questions that allow a focused and operational examination of the evaluation criteria.
Success/judgment criteria specifying what determines success or failure when evaluating a given question. This improves the transparency of the evaluation by making explicit how judgment is applied.
Qualitative and quantitative indicators used to inform judgment on the questions and issues and assess success according to the judgement criterion chosen.
Methods and tools to be used to gather and assess the necessary evidence to respond to the evaluation questions, on the basis of the indicators identified. Where practicable, the analysis is based on several perspectives and data sources (“triangulation”) to avoid a one-sided approach and biased results. The input data for the indicators and criteria has been based on evidence collected via desk-based study and consultation interviews/data submissions involving a range of organisations and
Evaluation
Screening of contextual information
Define evaluation methodology
Implementation assessment
Preparatory work
Define assessment methodology
Gather evidence and conduct survey
Conduct evaluation (data analysis)
Workshop (discussion of first evaluation findings)
MS/ EU Implementation analysis
Final report
Screening report:Discussed with Steering Group
Interim report:Discussed with Steering Group
SCREENING PHASEDec 2014 - Feb 2015
INTERIM PHASEFeb - July 2015
FINAL PHASEJuly - Dec 2015
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individuals with experience of the directives. Furthermore, the outcomes of the assessment of implementation and of the workshop also provide a key input into the evaluation framework.
The implementation of the Directives was assessed in two stages:
1. Analysis at Member State level
2. Analysis at EU level
Due to the fact that there has been no formal reporting by Member States to the Commission on the status of implementation, evidence for the analysis originated from two sources: desk-based review of published documents (and legislation) and from extensive consultation with competent authorities and other relevant stakeholders (e.g. industry).
The approach to gather this information and the focus of analysis differed for the two Directives:
For the VOC-I Directive the work has built on the findings of a previous assessment on implementation (Entec and REC, 2009). Building on this, the present study has assessed the key changes that have occurred since the last review and where available has incorporated additional information that was not previously considered.
In the case of the VOC-II Directive, this is the first assessment of implementation, and therefore the focus was on assessing the extent to which Member States have met the timescales envisaged in the Directive (some of which have not yet elapsed) and are progressing with its implementation, and on assessing the items listed in Article 7.
While some information has been identified via a review of literature, the principal source of data has been consultation with interested stakeholders. As described in more detail in the preceding chapter 7.2, those included Member States' competent authorities, industry, relevant experts, environmental non-government organisations, EU officials.
The outcome, i.e. the interim report, was then presented at a public workshop. The comments provided were taken into account for the final report.
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8.4. Annex 4: Current emissions: key figures
Figure 5: Share of the VOC emissions in the EU28
Note: “*” refers to the following activities: fugitive emissions of solid fuels: coal mining and handling (0.6%); venting and flaring (0.5%); fugitive emissions from solid fuels: solid fuel transformation (0.1%); manufacture of solid fuel and other energy industries (0.1%); petroleum refining (0.1%), pipeline compressors (0.03%). Source: EEA (2014) http://www.eea.europa.eu/data-and-maps/data/national-emissions-reported-to-the-convention-on-long-range-transboundary-air-pollution-lrtap-convention-8
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Figure 6: Key figures on petrol vapour recovery
Emissions Explanation
% kt43
100 6793 Total anthropogenic NMVOC emissions
1,8 Share of emissions from the distribution of oil products according to EEA data, which is the closest dataset to the activities covered by the VOC-I and VOC-II Directives. However, while this includes aspects not covered by the Directives, such as non-petrol oil products, tank breathing and spillages, at the same time the VOC-I Directive also covers to some extent the 'refining/storage' category.
0,7 49 Estimated emissions from activities which are currently controlled by the VOC-I and VOC-II Directives (0.1% from VOC-I and 0.6% from VOC-II) and that could be modelled in the study. This excludes in particular emissions from storage at refinery terminals, tank breathing at service stations and spillages. However, those emissions are not expected to be significant.
1,3 129 Modelled emissions from storage at refinery terminals based on the modelling by the consultant. However, the model was not able to accommodate effects of other legislation (e.g. IED), which further reduce emissions. Therefore, this is considered an overestimation.
43 Small inconsistencies result from rounding and are due to the fact that some of the figures are based on
different data sources.
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8.5. Annex 5: Relation between VOC-I, IED and the Gothenburg Protocol
Annex II to the VOC-I Directive includes obligations for loading and unloading installations at terminals which includes a provision that the mean concentration of vapours in the exhaust from vapour recovery units must not exceed 35 g/Nm³ for any one hour. While this is only one of several obligations, it was part of many comments from stakeholders who felt that the Directive was not sufficiently integrated or coherent with the Gothenburg Protocol. Given the number of comments, this merits a brief explanation. The issue is addressed in detail in chapters 4.3.3 and 5.4.3 of the evaluation study.
Annex VI to the Gothenburg Protocol includes a corresponding provision in Table 1 providing a limit value of 10 g/Nm³ for vapour recovery units at all terminals with an annual throughput as of 5000 m³ 44. The total limit value is based on an annual average. Annual averages are typically lower (i.e. stricter) than hourly averages, as the longer averaging period allows to flatten out daily or even hourly (as in VOC-I Directive) excesses. The reference base under the Gothenborg Protocol is therefore is significantly weaker than that under the VOC-I-Directive.
Further, Article 3 of the Gothenburg Protocol indicates that the limit values in its Annex VI shall apply only to new stationary sources. Finally, Parties may alternatively apply different emission reduction strategies that achieve equivalent overall emission levels for all source categories together. There is also further flexibility e.g. with regard to economic feasibility.
Given these differences, it cannot be immediately concluded that the 35 g/Nm³ limit as included in the VOC-I-Directive is actually weaker than the 10 g/Nm³ limit value included in the Gothenburg Protocol. Moreover, Member State performance on VOC emission rates indicate that they are reaching VOC emission rates much lower than what is stipulated by the VOC-I Directive and the Gothenburg Protocol.
Additionally, whereas the VOC-I Directive was initially the only provision in EU law limiting such emissions, its role in this respect to this value has changed over time and now complements the conclusions on Best Available Techniques (BAT Conclusions) for the refineries sector adopted under the Industrial Emissions Directive (IED). The BAT conclusions for the refineries sector sets a range for emissions from 0.15 to 10 g/m³ and BAT conclusions regarding storage provide information on what BAT is regarding other storage facilities outside refineries. As the IED allows derogations from emission ranges, the 35 g/m³ limit in the VOC-I Directive would determine the ceiling for derogations. Therefore, the value is still relevant in particular for storage not covered by the BAT conclusions for the refineries sector or the Gothenburg Protocol, or where the latter allows for further flexibilities.
44 No such threshold exists in VOC-I. After a gradual introduction, since 2005 all terminals need to comply.
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8.6. Annex 6: Main measures of the initiatives
8.6.1. VOC-I Directive
The VOC-I Directive applies to the operations, installations, vehicles and vessels used for storage, loading and transport of petrol from one terminal to another or from a terminal to a service station.
8.6.1.1. Storage installations at terminals
Article 3 of VOC-I provides the requirements for storage installations at terminals which should reduce the total annual loss of petrol below 0.01% of the throughput. The requirements specified in Annex I include the use of heat reflective coatings and that storage installations must be either fixed-roof tanks connected to a petrol vapour recovery unit or floating-roof tanks with primary and secondary seals.
8.6.1.2. Loading and unloading of mobile containers at terminals
Article 4 of VOC-I provides for the requirements for loading and unloading equipment at terminals which should reduce the annual loss of petrol below 0,005% of the throughput. The requirements that are specified in Annex II include:
Terminals need to return displacement vapours from the mobile container being loaded for regeneration at the terminal. Where vapour recovery is technically not feasible or unsafe a vapour incineration unit may be used.
The mean concentration of vapours in the exhaust from the vapour recovery unit must not exceed 35 g/N³ for any one hour.
Where top-loading of mobile containers is permissible, the outlet of the loading arm must be kept near the bottom of the mobile container in order to avoid splash loading.
8.6.1.3. Mobile containers
Article 5 of VOC-I provides for the requirements for the design and operation of mobile containers which include:
Residual vapours need to be retained in the container after unloading of petrol.
Mobile containers which supply petrol to service stations and terminals shall be designed and operated so as to accept and retain return vapours from the storage installations at the service stations or terminals. For rail tankers this is only required if they supply petrol to service stations or to terminals where intermediate storage of vapours is used.
If after the unloading of petrol ventilation of the mobile container is required, this may only be carried out in a geographical area where emissions are unlikely to contribute significantly to environmental or health problems.
Road tankers need to be regularly tested for vapour tightness and that vacuum/pressure valves need to be periodically inspected.
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8.6.1.4. Loading into storage installations at service stations
Article 6 of VOC-I provides requirements for loading and unloading equipment at service stations which should reduce the annual loss of petrol below 0,01% of the throughput. The requirements specified in Annex III indicate that vapours displaced by the delivery of petrol into storage installations at service stations and in fixed-roof tanks used for the intermediate storage of vapours must be returned through a vapour-tight connection line to the mobile container delivering the petrol. Loading operations may not take place unless the arrangements are in place and properly functioning. Service stations with a throughput of less than 100 m³/year are exempted. Member States may grant exemptions for service stations with a throughput of less than 500 m³/year that are located in an area where emissions are unlikely to contribute significantly to environmental or health problems.
8.6.2. VOC-II Directive
The VOC-II Directive aims at the recovery of petrol vapour that would otherwise be emitted to the air during the refuelling of vehicles at service stations. To achieve this objective, the VOC-II Directive provides obligations for the design and operation of storage tanks and petrol dispenser at filling stations.
8.6.2.1. Service stations covered
Under Article 3 of VOC-II service stations must be equipped with a Stage II petrol vapour recovery systems if they fulfil following conditions:
New service stations with a throughput of 500 m³/year or 100m³/year if they are situated in permanent living quarters or working areas
Existing service stations with a throughput of 500m³/year (100m³/year if they are situated in permanent living quarters or working areas) when undergoing a major refurbishment
Existing service stations with a throughput above 3 000 m³/year no later than on 31 December 2018
8.6.2.2. Minimum level of petrol-vapour recovery
Under Article 4 of VOC-II the petrol vapour capture efficiency must be at least 85%. Where the recovered petrol is transferred to a storage tank at the service station, the vapour/petrol ration shall be at least 0,95 and no more than 1,05.
8.6.2.3.Periodic checks and consumer information
The in-service petrol vapour capture efficiency must be tested at least once a year or once every three years if an automatic monitoring system is installed that detects faults of the system. Consumers shall be informed that a petrol vapour recovery system is installed by means of a sign, sticker or other notification on, or in the vicinity of the petrol dispenser.
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8.7. Annex 7: Abbreviations and Glossary
Abbreviation / Term
Explanation
BAT Best Available Techniques
BREF Best Available Techniques (BAT) reference documents
EAP 7th Environment Action Programme
EEA European Environment Agency
IED Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (Industrial Emissions Directive)
kPa Kilo Pascals, a unit to describe pressure.
kt Kilo tons, a unit to describe mass
NMVOC Non-methane VOC
PVR Petrol Vapour Recovery
Stage-II controls
In general terms this refers to measures to prevent emissions at service stations. In the EU context and for the purpose of this document, this collectively describes the measures introduced by the VOC-II Directive.
Tropospheric ozone
Aka as "ground level ozone"
Ozone (O3) is a constituent of the troposphere, i.e. the atmosphere from the Earth's surface to between 12 and 20 kilometres above sea level. Abnormally high concentrations of ozone as a result of human activities may cause health problems. Tropospheric ozone is also a greenhouse gas.
VOC Volatile Organic Compounds
VOC in general are organic chemicals that are determined by having a high vapour pressure at ambient temperatures resulting in a relatively low boiling point. However, there is no single definition of what constitutes a VOC. Many pieces of legislation consider VOC as organic chemicals with a boiling point of 250°C or less or define them through their vapour pressure of 0,01 kPa or more at standard ambient temperature. These properties make that VOC readily evaporate into ambient air. Methane is also a VOC in line with above definitions, but is often singled out because of its different origin, impact and/or the different measures taken to address methane. Therefore, frequently VOC can be found specified as non-methane VOC (NMVOC).
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Abbreviation / Term
Explanation
VOC-I 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
VOC-II 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
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