The Directive on Volatile Organic Compounds Official Title: Council Directive 99/13/EC on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations (OJ L 85, 29.3.99) TAIEX Ref. No.: - 1 Summary of Main Aims and Provisions The aim of the Directive is to prevent or reduce the effects of emissions of volatile organic compounds (VOCs) into the environment, and the potential risks to human health. It places a number of obligations on Member States to control emissions of VOCs from ‘installations’, i.e. stationary technical units where certain listed activities are carried out, in excess of specified solvent consumption thresholds, and certain associated activities. The measures required to meet the objectives of the Directive include the application of emission limit values, or emission reduction schemes, and monitoring and reporting. 2 Principal Obligations of Member States 2.1 Planning If this is chosen as an alternative to applying emission limit values to certain existing installations, define and implement a national plan for achieving equivalent reductions in emissions of VOCs (Arts. 5 and 6). Designate a national authority to be responsible for the collection and evaluation of information and the implementation of any national plan (Art. 6). Ensure that any guidance published by the Commission is taken into account in issuing authorisations and in formulating binding rules (Art. 7). 2.2 Regulation Ensure (through conditions in authorisations or through general binding rules) that installations take the measures required by the Directive to limit emissions of VOCs, including compliance with emission limit values, the implementation of reduction schemes, and/or the use of alternative substances (Arts. 3, 4, 5 and Annex IIB). Ensure that existing installations, and new installations that are not covered by Council Directive 96/61/EC (on IPPC) are registered or authorised prior to being put into operation, and that installations implementing a reduction scheme to meet the Directive’s requirements notify the competent authorities (Arts. 3, 4). Ensure that existing installations that undergo a substantial change comply with the requirements of the Directive (Art. 4). _____________________________________________________________________________________________________ Handbook on the Implementation of EC Environmental Legislation 99/13/EC 93 The Directive on Volatile Organic Compounds Ensure that competent authorities only allow derogations from the standards laid down in the Directive in accordance with specified conditions, including the use of best available techniques (Art. 5). Ensure that effective, proportionate and dissuasive sanctions are determined and applied to breaches of national provisions adopted pursuant to the Directive (Art. 14). Take appropriate enforcement action in cases of non-compliance with the requirements of the Directive, including suspension of operations where non-compliance causes immediate danger to human health (Art. 10). 2.3 Monitoring Require operators of installations to supply the competent authorities with data to enable the authorities to verify compliance with the Directive (Art. 8). Ensure that continuous monitoring is carried out, or periodic measurements are taken, as required, to ensure compliance with the Directive (Art. 8). Ensure that compliance with emission limit values is demonstrated to the satisfaction of the competent authorities, and that compliance is verified in accordance with the standards laid down in the Directive (Art. 9). 2.4 Reporting Report to the Commission on: implementation of the Directive (Art. 11 and Council Directive 91/692/EEC); national plans for reducing emissions of VOCs, and supporting documentation, as well as any corrective measures taken to ensure that the objectives are achieved (Art. 6); sanctions applicable to breaches of national provisions, and subsequent modifications (Art. 14); implementation (Art. 15); and transposition, with texts of the main provisions of national law adopted in the field covered by the Directive (Art.15). Make certain information available to the public, including applications for authorisation, decisions of competent authorities on authorisations, lists of registered and authorised activities, the results of emission monitoring, and the implementation reports sent to the Commission (this obligation is subject to the restrictions laid down in Council Directive 90/313/EEC on Access to Environmental Information) (Arts. 11 and 12). 3 Implementation As this is a new directive, this section will be completed after advice on implementation is obtained from the relevant Technical Unit of DG ENV. _____________________________________________________________________________________________________ Handbook on the Implementation of EC Environmental Legislation 99/13/EC 94 The Directive on Volatile Organic Compounds 4 Implementation Guidance As this is a new directive, this section will be completed after advice on implementation is obtained from the relevant Technical Unit of DG ENV. 5 Costs As this is a new directive, this section will be completed after advice on implementation is obtained from the relevant Technical Unit of DG ENV. _____________________________________________________________________________________________________ Handbook on the Implementation of EC Environmental Legislation 99/13/EC 95 The Directive on Volatile Organic Compounds