This report from the Commission focuses on the results of the implementation review and follow-up to the evaluation of Directive 2009/126/EC (VOC-II) on petrol vapour recovery during refuelling of motor vehicles at service stations.

The VOC-II Directive ensures the recovery of harmful petrol vapour that would otherwise be emitted during the refuelling of a motor vehicle at a service station.

The Directive requires new service stations that have an annual throughput of over 500 m3 of petrol, and service stations with an annual throughput of over 100 m3 that are located under living accommodation, to install ‘stage II’ petrol vapour recovery (PVR) systems . Large service stations (with an annual throughput in excess of 3 000 m3) must install PVR systems by the end of 2018.

The Directive was evaluated in the context of the Commission’s Regulatory Fitness and Performance (REFIT) programme on the basis of its effectiveness, efficiency, relevance, coherence and EU added value. Particular attention was paid to detecting and assessing regulatory burden and identifying opportunities for simplification.

The main observations are as follows:

1) Implementation of the VOC-II Directive: the report states that the Directive has been transposed into national law by all Member States, albeit with a delay in some cases. It is generally well implemented by Member States .

In the EU, 72% of all service stations are currently fitted with stage II systems, but the situation varies significantly across Member States.

The consultation showed that stakeholders generally accepted the 100 m3 threshold as appropriate. The Commission considers that lowering the threshold would not currently be justified given the scale of potential emission reductions and the additional cost involved.

The assessment showed that commercially available equipment could achieve vapour recovery efficiency of 85 to 95% . It noted that generally, equipment was found to work according to the minimum standard obligations. The analysis also highlighted the importance of routine (at least annual) tests.

The potential for additional emission reductions from the generalised use of automatic monitoring systems throughout the EU appears to be limited. The voluntary approach allowed industry or Member States to adopt such systems where it was deemed useful.

2) Evaluation of the VOC-II directive: the Directive was found to be effective, efficient, coherent and relevant, and to have EU added value . The evaluation showed that:

· the Directive has been effective in contributing to the reduction in VOC emissions from petrol during the refuelling of motor vehicles at service stations. Today, the activities covered by Directive 94/63/EC concerning emissions of volatile organic compounds (VOC) from the storage of petrol and distribution from terminals to service stations (the VOC-I Directive) and VOC-II Directives contribute only 0.7% of all anthropogenic VOC emissions in the EU ;

· with regard to efficiency, it was not possible to conduct a robust cost-benefit analysis due to the limited amount of data available. The available data suggest that the costs are largely proportionate to the benefits :

I. savings resulting from reduced harmful effects on health and the environment have been estimated between EUR 92 to EUR 270m, whereas estimated financial benefits resulting from the sales of recovered petrol were estimated EUR 77m;

II. annual costs for capital and maintenance have been estimated EUR 199m, and administration and compliance cost EUR 13m;

· the provisions of the Directive are coherent with other Union legislation, and the Directive remains relevant as a response to environmental and health threats, as well as in relation to the clean air policy objectives established in the 7th Environment Action Programme and the clean air policy package;

· with regard to the obligation to display a sign , sticker or other notification in the vicinity of petrol dispensers with PVR equipment, the evaluation concluded that legislative change may be more burdensome than simplification;

· lastly, the Directive has contributed to a common level of EU regulation and has stimulated cross-border trade in petrol and equipment.

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

PURPOSE: to reduce harmful emissions at service stations.

LEGISLATIVE ACT: Directive 2009/126/EC of the European Parliament and of the Council on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations

CONTENT: following a first reading agreement with the European Parliament, the Council adopted this directive that will decrease harmful emissions from petrol vapour at service stations. The Directive obliges numerous filling stations to install equipment recovering harmful gases that escape when refuelling cars and other vehicles.

It defines ‘Stage II petrol vapour recovery system’ as equipment aimed at recovering the petrol vapour displaced from the fuel tank of a motor vehicle during refuelling at a service station and which transfers that petrol vapour to a storage tank at the service station or back to the petrol dispenser for resale.

The main points of the Directive are as follows:

Service stations : the Directive states that any new service station (built on 1 January 2012 and after) shall be equipped with a Stage II petrol vapour recovery system if:

its actual or intended throughput is greater than 500 m 3 /year; or its actual or intended throughput is greater than 100 m 3 /year and it is situated under permanent living quarters or working areas.

Furthermore, any existing service station which undergoes a major refurbishment must l be equipped with a Stage II petrol vapour recovery system at the time of the refurbishment if:

its actual or intended throughput is greater than 500 m 3 /year; or its actual or intended throughput is greater than 100 m 3 /year and it is situated under permanent living quarters or working areas.

Any existing service station with a throughput in excess of 3 000 m 3 /year shall be equipped with a Stage II petrol vapour recovery system by no later than 31 December 2018.

By way of derogation these provisions will not apply to service stations exclusively used in association with the construction and delivery of new motor vehicles.

Minimum level of petrol vapour recovery : with effect from the date on which Stage II petrol vapour recovery systems become mandatory, the petrol vapour capture efficiency of such systems must be equal to or greater than 85 % as certified by the manufacturer in accordance with relevant European technical standards or type approval procedures referred to in the Directive or, if there are no such standards or procedures, with any relevant national standard.

With effect from the date on which Stage II petrol vapour recovery systems become mandatory, where the recovered petrol vapour is transferred to a storage tank at the service station, the vapour/petrol ratio shall be equal to or greater than 0,95 but less than or equal to 1,05.

Periodic checks and consumer information : Member States shall ensure that the in-service petrol vapour capture efficiency of Stage II petrol vapour recovery systems is tested at least once each year either by checking that the vapour/petrol ratio under simulated petrol flow conditions is in conformity with the provisions of the Directive or by any other appropriate methodology.

When a service station has installed a Stage II petrol vapour recovery system, it must display a sign, sticker or other notification on, or in the vicinity of, the petrol dispenser, informing consumers of that fact. Review

Review: the Commission shall, by 31 December 2014, review the implementation of the Directive and, in particular:

the 100 m 3 /year threshold referred to in this Directive and Article 6(3) of Directive 94/63/EC; the in-service compliance record of Stage II petrol vapour recovery systems; and the need for automatic monitoring equipment.

It shall report the results of that review to the European Parliament and to the Council accompanied, if appropriate, by a legislative proposal.

Technical adaptations : the Commission is empowered to adopt certain implementing measures on harmonised standards in accordance with the regulatory procedure with scrutiny.

ENTRY INTO FORCE: 31/10/2009.

APPLICATION: from 01/01/2012.

The European Parliament adopted 598 votes to 13, with 15 abstentions a legislative resolution amending, under the first reading of the codecision procedure, the proposal for a directive of the European Parliament and of the Council on Stage II petrol vapour recovery during refuelling of passenger cars at service stations.

The amendments are the result of a compromise between Parliament and Council.

The main amendments are as follows:

Definition of petrol : the compromise text provides that 'petrol' means petrol as defined in Article 2(a) of Directive 1994/63/EC, as opposed to Article 2(1) of Directive 98/70/EC. As the two legal instruments will apply simultaneously to the same service station it is important that there is consistency in the legal approach.

Service stations : the compromise text states that any new service station shall be equipped with a Stage II petrol vapour recovery system if, inter alia, its actual or intended throughput is greater than 100 m 3 per annum and it is situated under permanent living quarters or working areas.

Furthermore, any existing service station which undergoes a major refurbishment shall be equipped with a Stage II petrol vapour recovery system at the time of the refurbishment if: its actual or intended throughput is greater than 500 m 3 per annum; or if it is greater than 100 m 3 per annum and it is situated under permanent living quarters or working areas.

Any existing service station with a throughput in excess of 3000 m3 per annum shall be equipped with a Stage II petrol vapour recovery system by no later than 31 December 2018 .

Lastly, and by way of derogation, these provision will not apply to service stations exclusively used in association with the construction and delivery of new motor vehicles, since the fuel tanks of newly-manufactured motor vehicles contain no petrol vapour.

Minimum permitted level of petrol vapour recovery : Member States shall ensure, with effect from the date on which Stage II petrol vapour recovery systems are mandatory, that the petrol vapour capture efficiency of such systems is equal to or greater than 85 % as certified by the manufacturer in accordance with relevant European technical standards or type approval procedures or, if there are no such standards or procedures, with any relevant national standard.

Periodic checks : the in-service petrol vapour capture efficiency of Stage II petrol vapour recovery systems must be tested at least once per annum either by checking that the vapour/petrol ratio under simulated petrol flow conditions is in conformity with the provisions in the legislation or by any other appropriate methodology.

In addition, when a service station has installed a Stage II petrol vapour recovery system, it must display a sign, sticker or other notification, on or in the vicinity of the petrol dispenser, informing consumers of that fact.

Review: the Commission shall, by 31 December 2014, review the implementation of this Directive and, in particular:

the 100 m 3 threshold referred to above; the in-service compliance record of Stage II petrol vapour recovery systems; and the need for automatic monitoring equipment.

Harmonised methods : the Commission should be empowered to adopt implementing measures concerning harmonised methods and standards in accordance with the regulatory procedure with scrutiny

Transposition : 1 January 2012 at the latest.

The Committee on the Environment, Public Health and Food Safety adopted the report drawn up by Dimitrios PAPADIMOULIS (GUE/NGL, EL) amending, under the first reading of the codecision procedure, the proposal for a directive of the European Parliament and of the Council on Stage II petrol vapour recovery during refuelling of passenger cars at service stations.

The main amendments are as follows:

Definition of petrol : the committee states that 'petrol' means petrol as defined in Article 2(a) of Directive 1994/63/EC, as opposed to Article 2(1) of Directive 98/70/EC. Members note that Definition must be the same as in Stage I PVR directive. As the two legal instruments will apply simultaneously to the same service station it is important that there is consistency in the legal approach.

Service stations : all service stations situated under permanent living quarters or working areas which undergo a major refurbishment shall be equipped with a Stage II petrol vapour recovery system at the time of the refurbishment irrespective of their actual or intended throughput.

Member States shall ensure that any existing service station with a throughput in excess of 3000 m3 per annum shall be equipped with a Stage II petrol vapour recovery system by no later than 31 December 2018 (rather than 2020).

The committee stipulates that, by way of derogation, provisions on service stations shall not apply to service stations associated with the construction and delivery of new vehicles.

Minimum permitted level of petrol vapour recovery : hydrocarbon capture efficiency of a Stage II petrol vapour recovery system must be equal to or greater than 90 % (rather than 85%).

Periodic inspection and compliance : service station operators shall record details of all maintenance, inspections and testing, installation and repair work carried out for Stage II controls.

Furthermore, Members consider that when a service station has installed a Stage II petrol vapour recovery system, the operator of the service station shall display a sign, sticker or other notification to the effect that the service station is fitted with Stage II petrol vapour recovery equipment.

Penalties : information on infringements of the provisions of this Directive shall be made public.

Reporting and review : Member States shall report to the Commission on the implementation of this Directive within 24 months of the date of transposition and every 3 years thereafter. On the basis of these reports the Commission shall review the Directive considering especially the establishment of harmonised methods to measure the hydrocarbon capture efficiency.

Transposition and application : the deadline for these was brought forward by 1 year (to 2011).

PURPOSE: to lay down measures aimed at reducing the amount of petrol vapour emitted to the atmosphere during the refuelling of motor vehicles at service stations.

PROPOSED ACT: Directive of the European Parliament and of the Council.

CONTENT: the emissions of volatile organic compounds contained in petrol contribute to local and regional air quality problems (benzene and ozone) for which Community air quality standards and objectives exist. Ground level ozone is a pollutant which crosses national borders and is also the third most important greenhouse gas. Benzene is a known human carcinogen.

This legislative proposal aims at recovering petrol vapour which is emitted to the atmosphere during the refuelling of passenger cars at service stations (so called "Stage II Petrol Vapour Recovery or PVR").

The proposal has been prepared following commitments made by the College in:

I. the Thematic Strategy on Air Pollution ;

II. the Commission's proposal to amend Directive 98/70/EC on petrol and diesel quality which aims to facilitate a greater uptake of biofuels and bioethanol in particular by relaxing the vapour pressure requirements of petrol;

III. a statement accompanying a new directive on ambient air quality in which the Commission recognised the importance of tackling air pollution at source in order to attain air quality objectives and which proposed several new Community source-based measures including Stage II PVR.

The proposal:

would oblige the installation of Stage II petrol vapour recovery equipment at new and refurbished stations above 500m3 throughput per annum of petrol; require retrofitting of existing stations with a throughput above 3000 m3 by 2020; require all new or substantially refurbished stations situated under residential accommodation to equip with Stage II controls irrespective of size; no obligation to install automatic monitoring of Stage II PVR equipment but permit a longer period between inspections if it is installed.

PURPOSE: to lay down measures aimed at reducing the amount of petrol vapour emitted to the atmosphere during the refuelling of motor vehicles at service stations.

PROPOSED ACT: Directive of the European Parliament and of the Council.

CONTENT: the emissions of volatile organic compounds contained in petrol contribute to local and regional air quality problems (benzene and ozone) for which Community air quality standards and objectives exist. Ground level ozone is a pollutant which crosses national borders and is also the third most important greenhouse gas. Benzene is a known human carcinogen.

This legislative proposal aims at recovering petrol vapour which is emitted to the atmosphere during the refuelling of passenger cars at service stations (so called "Stage II Petrol Vapour Recovery or PVR").

The proposal has been prepared following commitments made by the College in:

I. the Thematic Strategy on Air Pollution ;

II. the Commission's proposal to amend Directive 98/70/EC on petrol and diesel quality which aims to facilitate a greater uptake of biofuels and bioethanol in particular by relaxing the vapour pressure requirements of petrol;

III. a statement accompanying a new directive on ambient air quality in which the Commission recognised the importance of tackling air pollution at source in order to attain air quality objectives and which proposed several new Community source-based measures including Stage II PVR.

The proposal:

would oblige the installation of Stage II petrol vapour recovery equipment at new and refurbished stations above 500m3 throughput per annum of petrol; require retrofitting of existing stations with a throughput above 3000 m3 by 2020; require all new or substantially refurbished stations situated under residential accommodation to equip with Stage II controls irrespective of size; no obligation to install automatic monitoring of Stage II PVR equipment but permit a longer period between inspections if it is installed.