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31976L0400

Council Directive 76/400/EEC of 6 April 1976 amending Article 15 of Directive 75/268/EEC on mountain and hill farming and farming in certain less-favoured areas

Official Journal L 108 , 26/04/1976 P. 0021 - 0021 Greek special edition: Chapter 03 Volume 15 P. 0046

++++ ( 1 ) OJ N C 53 , 8 . 3 . 1976 , P . 24 .   ( 2 ) OJ N C 50 , 4 . 3 . 1976 , P . 19 .   ( 3 ) OJ N L 128 , 19 . 5 . 1975 , P . 1 .  COUNCIL DIRECTIVE  OF 6 APRIL 1976  AMENDING ARTICLE 15 OF DIRECTIVE 75/268/EEC ON MOUNTAIN AND HILL FARMING AND FARMING IN CERTAIN LESS-FAVOURED AREAS   ( 76/400/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 42 AND 43 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ,  WHEREAS THE RATE OF REIMBURSEMENT OF 25 % OF ELIGIBLE EXPENDITURE FOR THE COMPENSATORY ALLOWANCE , REFERRED TO IN ARTICLE 15 OF DIRECTIVE 75/268/EEC OF 28 APRIL 1975 ON MOUNTAIN AND HILL FARMING AND FARMING IN CERTAIN LESS-FAVOURED AREAS ( 3 ) , DOES NOT APPEAR ADEQUATE FOR AN EFFECTIVE IMPLEMENTATION OF THE DIRECTIVE , PARTICULARLY IN THE LEAST-FAVOURED AREAS ;  WHEREAS AREAS OF IRELAND AND ITALY ARE AMONG THE LEAST-FAVOURED , AND IT IS THEREFORE EXPEDIENT TO FIX THE RATE OF REIMBURSEMENT APPLICABLE TO THESE TWO COUNTRIES AT 35 % ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  THE TEXT OF ARTICLE 15 OF DIRECTIVE 75/268/EEC SHALL BE REPLACED BY THE FOLLOWING :   " ARTICLE 15  1 . EXPENDITURE BY MEMBER STATES IN RESPECT OF MEASURES TAKEN UNDER ARTICLES 5 TO 11 SHALL BE ELIGIBLE FOR ASSISTANCE FROM THE GUIDANCE SECTION OF THE EAGGF , AS PROVIDED FOR IN ARTICLE 19 OF DIRECTIVE 72/159/EEC . THE GUIDANCE SECTION OF THE EAGGF SHALL REIMBURSE TO MEMBER STATES 25 % OF ELIGIBLE EXPENDITURE FOR THE COMPENSATORY ALLOWANCE REFERRED TO UNDER TITLE II . HOWEVER , WITH EFFECT FROM 1 JANUARY 1976 , THE RATE OF REIMBURSEMENT SHALL BE 35 % FOR IRELAND AND ITALY .  THIS EXPENDITURE SHALL NOT BE ELIGIBLE FOR REIMBURSEMENT WHERE THE FARMER RECEIVES A RETIREMENT PENSION .  2 . THE COMMUNITY CONTRIBUTION TOWARDS ELIGIBLE EXPENDITURE FOR AID PROVIDED FOR IN ARTICLE 11 MAY NOT EXCEED 20 000 UNITS OF ACCOUNT PER JOINT INVESTMENT SCHEME AND 100 UNITS OF ACCOUNT PER HECTARE OF PASTURE OR MOUNTAIN LAND IMPROVED OR PROVIDED WITH EQUIPMENT . "  ARTICLE 2  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT LUXEMBOURG , 6 APRIL 1976 .  FOR THE COUNCIL  THE PRESIDENT  J . HAMILIUS


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31971L0349

Council Directive 71/349/EEC of 12 October 1971 on the approximation of the laws of the Member States relating to the calibration of the tanks of vessels

Official Journal L 239 , 25/10/1971 P. 0015 - 0021 Finnish special edition: Chapter 13 Volume 2 P. 0088  Danish special edition: Series I Chapter 1971(III) P. 0767  Swedish special edition: Chapter 13 Volume 2 P. 0088  English special edition: Series I Chapter 1971(III) P. 0865  Greek special edition: Chapter 13 Volume 1 P. 0227  Spanish special edition: Chapter 13 Volume 2 P. 0105  Portuguese special edition Chapter 13 Volume 2 P. 0105

COUNCIL DIRECTIVE  of 12 October 1971  on the approximation of the laws of the Member States relating to the calibration of the tanks of vessels  (71/349/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament (1);  Having regard to the Opinion of the Economic and Social Committee (2);  Whereas in several Member States mandatory provisions lay down the methods by which the tanks, including the liquid fuel bunkers, of inland waterway vessels and of national and international coasters may be calibrated and used to measure their contents ; whereas these requirements differ from one Member State to another and consequently hinder recognition by all Member States of measurements carried out by means of a tank calibrated by one of them;  Whereas such obstacles to the establishment and proper functioning of the common market can be reduced and even eliminated if all the Member States adopt the same requirements, either supplementary to or in place of their existing laws;  Whereas the Community requirements relating to the calibration method described in this Directive ensure that the quantity of liquid in tanks calibrated by this method can be measured at all times and with sufficient accuracy;  Whereas the calibration of the tanks of vessels is comparable to the initial verification procedure for measuring instruments ; whereas certain provisions of the Council Directive of 26 July 1971 (3) on the approximation of the laws of the Member States relating to provisions for both measuring instruments and methods of metrological control may therefore properly be applied in this matter;  HAS ADOPTED THIS DIRECTIVE:    Article 1 This Directive concerns EEC calibration of the tanks of inland waterway vessels and of coasters.  "EEC calibration" means a calibration carried out by a Member State in accordance with this Directive.   Article 2 The results of calibration operations shall be recorded in an EEC calibration certificate, in conformity with the Annexes.  Member States shall attach the same value to the EEC calibration certificate as to the corresponding national documents.   Article 3 The measuring instruments used to determine the level of the liquid in tanks calibrated in accordance with this Directive shall be specially adapted for this purpose.  The shall comply with the requirements of the relevant separate directive.  (1)OJ No C 108, 19.10.1968, p. 36. (2)OJ No C 4, 14.1.1968, p. 2. (3)OJ No L 202, 6.9.1971, p. 1.   Provisionally, however, instruments may be used if accepted by the competent service in the Member State where the level of the liquid is determined.  This provisional arrangement shall be terminated one year after the date laid down for the entry into force of the separate directive on the instruments in question.   Article 4 1. Member States shall put into force the laws, regulations and administrative provisions needed in order to comply with this Directive within eighteen months of its notification and shall forthwith inform the Commission thereof.  2. The Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 5 This Directive is addressed to the Member States.     Done at Luxembourg, 12 October 1971.  For the Council  The President  L. VIGLIANESI     ANNEX I GENERAL REQUIREMENTS CONCERNING THE CALIBRATION OF THE TANKS OF VESSELS     1. The capacity of the tanks shall be determined:      - either by the transfer of water or another suitable liquid, whose volume is measured by measures or measuring equipment with meters specially calibrated for this purpose,           - or by calculating on the basis of the tank dimensions, as determined ; this operation shall be supplemented, where possible, by a partial cross check using measured volumes of liquid.                  2. The calibration operations shall be carried out in such a manner and with instruments of such precision that the relative errors in respect of the capacities stated in the documents issued do not exceed:      (a) as a general rule : ± 3/1000 of the capacity indicated           (b) exceptionally, in the case of tanks with a very complicated shape which cannot be calibrated by transfer : ± 5/1000 of the capacity indicated.                  3. The results of the calibration operations shall be recorded in a calibration certificate which is accompanied by digrams and tables showing, in particular, the volume of liquid, expressed in litres or cubic decimetres or cubic metres, which is in the tank when the level of the free surface of the liquid is at a given height, expressed in centimetres or decimetres, on the vertical face of the measure of length.  The centimetre or decimetre tables may be supplemented by a millimetre interpolation table.  These documents shall conform to Annexes II, III and IV.       4. A calibration plate shall be fixed on each tank, in the vicinity of the measure orifice.  It shall bear the following information:      - the number of the tank,           - the total reference height H,           - the number of the calibration certificate.             It shall be made of a sufficiently durable material and be sealed by affixing the EEC sealing mark of the lead slugs provided for this purpose, in such a way that it cannot be removed without damaging the mark.  The characteristics and the pattern of the EEC sealing mark shall be those laid down for the partial EEC verification mark by Article 10 (2) and Annex 11.3 of the Council Directive of 26 July 1971 on the approximation of the laws of the Member States relating to provisions for both measuring instruments and methods of metrological control.  Article 12 of that Directive is applicable, mutatis mutandis.       5. The calibration certificate shall not be issued unless the construction and arrangement of the tanks and connecting pipes are such that under the normal operating conditions of the vessel, the tanks and connecting pipes can, without difficulty, be totally emptied or totally filled without pockets of air becoming trapped above or in the liquid being measured, below the level at which the tank is considered full.  If exceptions are allowed, or if any precautions have to be taken to ensure correct measurement, they must be mentioned in the calibration certificate.       6. The vertical face of the measure of length at which the heights of the liquid are determined shall pass, as a general rule, approximately through the centre of gravity of the horizontal sections of the tank, in every part where a free surface of the liquid may occur when measurements are made under normal conditions of use.   If this condition is not satisfied because of the construction characteristics of the tank, it shall be specified on the calibration certificate that the level of the liquid in the tank may only be determined when the vessel has a zero trim and heel.  The axis of a guiding device determines the vertical position of the measure.  This device must ensure correct positioning of the measure ; there must be no systematic errors of measurement resulting from the way in which it is constructed. The horizontal plane through the upper edge of the guiding device is the reference datum. The distance from this plane to the horizontal and irremovable contact plate positioned vertically below the datum is called the "total reference height H" and shall be quoted at the top of each table.  Every precaution shall be taken to ensure that both the position of the reference datum in relation to the tank and the total reference height H, are virtually invariable.  The EEC sealing mark shall be affixed on the reference datum.       7. Taking into account:      (a) the precision with which the volumes specified in the tables have been determined,           (b) the precision with which the level of the free surface of the liquid may be determined in the tanks,            the calibration certificate indicates the relative precision of the use of the tanks for determining the volume of liquid which they contain.  In the case referred to in item 2 (a) of this Annex, the relative imprecision may not exceed ± 5/1000 of the volume specified in the table ; in the case referred to in 2 (b), it may not exceed ± 8/1000 of the volume specified in the table.  The minimum measurable height shall be fixed at not less than 500 mm.       8. The sealing marks, the calibration certificates and the calibration tables cease to be valid      - after twelve years,           - or as soon as the tank has become deformed, or been repaired or reconstructed, in a way liable to alter its measurement characteristics.             The final month and year of the relevant twelve years validity period, is specified at the top of the certificate and each table.  Certificates and tables shall be renewed only after a recalibration.          ANNEX II CALIBRATION RECORDS  The calibration record, issued by a competent metrological authority, shall be composed of the following documents:    1. The calibration certificate proper, giving:      (a) the name and address of the competent authority which issues the certificate;           (b) the name and position of the operator;           (c) the serial number of the certificate (which is reproduced on all the other documents and on the calibration plates);           (d) the date of issue of the certificate and the address of the place of employment of the calibration official;           (e) the expiry date of the certificate;           (f) the identity of the vessel (name, registration number, name and address of owner and year of construction);           (g) list and nature of the documents attached;           (h) the groups of tanks for which the same table may be used;           (i) an indication of the tanks in which there are drainage sumps or heaters;           (j) the total capacity;           (k) the precision of the results given in the tables;           (l) the precision of the use of the calibration record for the determination of the volumes of the liquid contained in tanks;           (m) the minimum measurable height.                  2. A Diagram No 1 showing the position of the tanks in the vessel, and for each tank the total reference height H, the positioning of the measure and the position of the latter in relation to the forward bulkhead of the tank and to the longitudinal median bulkhead or plane.       3. A Diagram No 2, being a transverse cross section of the tanks showing, in particular, the radius of the bilge, the camber, the height of the trunk and the method of construction of the guiding device.       4. In the case of a vessel having heaters or drainage sumps inside its tanks, a Diagram No 3 giving the volume taken up by these heaters or sumps and the volume of liquid which can be contained in the latter, from sluice-valve to sluice-valve.       5. For each tank or group of similar tanks, a centimetre or decimetre volume table containing an indication of the total reference height H and of the expiry date and, where supplied, a millimetre interpolation table.           ANNEX III MODEL CERTIFICATE OF CALIBRATION >PIC FILE= "T0010551">    ANNEX IV MODEL CALIBRATION TABLE  >PIC FILE= "T0010552">   >PIC FILE= "T0010553">


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31980L0766

Commission Directive 80/766/EEC of 8 July 1980 laying down the Community method of analysis for the official control of the vinyl chloride monomer level in materials and articles which are intended to come into contact with foodstuffs

Official Journal L 213 , 16/08/1980 P. 0042 - 0046 Finnish special edition: Chapter 13 Volume 10 P. 0221  Greek special edition: Chapter 15 Volume 1 P. 0250  Swedish special edition: Chapter 13 Volume 10 P. 0221  Spanish special edition: Chapter 13 Volume 11 P. 0042  Portuguese special edition Chapter 13 Volume 11 P. 0042

COMMISSION DIRECTIVE  of 8 July 1980  laying down the Community method of analysis for the official control of the vinyl chloride monomer level in materials and articles which are intended to come into contact with foodstuffs  (80/766/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Communities,  Having regard to Council Directive 78/142/EEC of 30 January 1978 on the approximation of the laws of the Member States relating to materials and articles which contain vinyl chloride monomer and are intended to come into contact with foodstuffs (1), and in particular Article 3 thereof,  Whereas Article 2 of Directive 78/142/EEC lays down that such materials and articles must not contain vinyl chloride monomer in a quantity exceeding 1 milligram per kilogram in the final product and Article 3 that this limit must be controlled by a Community analysis method;  Whereas, on the basis of a series of inter-laboratory collaborative trials, the method described in the Annex has proved to be sufficiently accurate and reproducible to be adopted as a Community method;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Foodstuffs,  HAS ADOPTED THIS DIRECTIVE:    Article 1 The Member States shall require that the analysis necessary for official control of the vinyl chloride monomer level in materials and articles intended to come into contact with foodstuffs, referred to in the Annex as "materials and articles", shall be performed according to the method described in the Annex.   Article 2 The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 18 months following its notification. They shall forthwith inform the Commission thereof.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 8 July 1980.  For the Commission  Etienne DAVIGNON  Member of the Commission  (1)OJ No L 44, 15.2.1978, p. 15.     ANNEX DETERMINATION OF THE VINYL CHLORIDE MONOMER LEVEL IN MATERIALS AND ARTICLES     1. SCOPE AND FIELD OF APPLICATION  The method determines the vinyl chloride monomer level in materials and articles.       2. PRINCIPLE  The level of vinyl chloride monomer level (VC) in materials or articles is determined by means of gas-chromatography using the "headspace" method after dissolution or suspension of the sample in N, N-dimethylacetamide.       3. REAGENTS      3.1. Vinyl chloride (VC), of purity greater than 99 75 % (v/v).           3.2. N, N-dimethylacetamide (DMA), free from any impurity with the same retention time as VC or as the internal standard (3.3) under the conditions of the test.           3.3. Diethyl ether or cis-2-butene, in DMA (3.2) as the internal standard solution. These internal standards must not contain any impurity with the same retention time as VC, under the conditions of the test.                  4. APPARATUS  N.B.  An instrument or piece of apparatus is mentioned only if it is special or made to particular specifications. Usual laboratory apparatus is assumed to be available.      4.1. Gas-chromatograph fitted with automatic head-space sampler or with facilities for manual sample injection.           4.2. Flame ionization detector or other detectors mentioned in point 7.           4.3. Gas-chromatographic column.  The column must permit the separation of the peaks of air, of VC and of the internal standard, if used.  Furthermore, the combined 4.2 and 4.3 system must allow the signal obtained with a solution containing 0 702 mg VC/litre DMA or 0 702 mg VC/kg DMA to be equal to at least five times the background noise.           4.4. Sample phials or flasks fitted with silicon or butyl rubber septa.  When using manual sampling techniques the taking of a sample from the headspace with a syringe may cause a partial vacuum to form inside the phial or flask. Hence, for manual techniques where the phials are not pressurized before the sample is taken, the use of large phials is recommended.           4.5. Micro-syringes.           4.6. Gas-tight syringes for manual headspace sampling.           4.7. Analytical balance accurate to 0 71 mg.                  5. PROCEDURE  CAUTION : VC is a hazardous substance and a gas at ambient temperature, therefore the preparation of solutions should be carried out in a well-ventilated fume cupboard.   N.B.      - Take all the necessary precautions to ensure that no VC or DMA is lost;           - When employing manual sampling techniques an internal standard (3.3) should be used;           - When using an internal standard, the same solution must be utilized throughout the procedure.        5.1. Preparation of concentrated standard VC solution at approximately 2 000 mg/kg  Accurately weigh to the nearest 0 71 mg a suitable glass vessel and place in it a quantity (e.g. 50 ml) of DMA (3.2). Re-weigh. Add to the DMA a quantity (e.g. 0 71 g) of VC (3.1) in liquid or gas form, injecting it slowly on to the DMA. The VC may also be added by bubbling it into the DMA, provided that a device is used which will prevent loss of DMA. Re-weigh to the nearest 0 71 mg. Wait two hours to allow equilibrium to be attained. Keep the standard solution in a refrigerator.               5.2. Preparation of dilute standard VC solution  Take a weighed amount of concentrated standard solution of VC (5.1) and dilute, to a known volume or a known weight, with DMA (3.2) or with internal standard solution (3.3). The concentration of the resultant dilute standard solution is expressed as mg/l or mg/kg respectively.               5.3. Preparation of the calibration curve  N.B.   -  the curve must comprise at least seven pairs of points,          - the repeatability of the responses (1) must be lower than 0 702 mg VC/l or kg of DMA,                   - the curve must be calculated from these points by the least squares technique, i.e. the regression line must be calculated using the following equation >PIC FILE= "T0013583">   (1)See recommendation ISO DIS 5725 : 1977.                      Prepare two series of at least seven phials (4.4). Add to each phial volumes of dilute standard VC solution (5.2) and DMA (3.2) or internal standard solution in DMA (3.3) such that the final VC concentration of the duplicate solutions will be approximately equal to 0 ; 0 7050 ; 0 7075 ; 0 7100 ; 0 7125 ; 0 7150 ; 0 7200, etc. mg/l or mg/kg of DMA and that all the phials contain the same quantity of DMA that is to be used under point 5.5. Seal the phials and proceed as described under point 5.6. Construct a graph in which the ordinate values show the areas (or heights) of the VC peaks of the duplicate solutions or the ratio of these areas (or heights) to those of the relevant internal standard peaks and the abscissa values show the VC concentrations of the duplicate solutions.               5.4. Validation of preparation of standard solutions obtained in points 5.1 and 5.2  Repeat the procedure described under points 5.1 and 5.2 to obtain a second diluted standard solution with a concentration equal to 0 71 mg VC/l or 0 71 mg/kg of DMA or internal standard solution. The average of two gas-chromatographic determinations of this solution must not differ by more than 5 % from the corresponding point of the calibration curve. If the difference is greater than 5 %, reject all the solutions obtained in points 5.1, 5.2, 5.3 and 5.4 and repeat the procedure from the beginning.               5.5. Preparation of the samples of materials or articles  Prepare two phials (4.4). Weigh into each phial not less than 200 mg, to the nearest 0 71 mg, of the sample obtained from a single material or article under investigation which has been reduced to small pieces. Try to ensure that an equal quantity is weighed into each phial. Close the phial immediately. Add to each phial for each gram of the sample 10 ml or 10 g of DMA (3.2) or 10 ml or 10 g of internal standard solution (3.3). Seal the phials and proceed as described under point 5.6.               5.6. Gas-chromatographic determinations          5.6.1. Agitate the phials avoiding contact between the contained liquid and the septum (4.4) to obtain a solution or suspension of the samples of material or article (5.5) as homogeneous as possible.                   5.6.2. Put all the sealed phials (5.3, 5.4 and 5.5) in a waterbath for two hours at 60º + 1 ºC to allow equilibrium to be attained. Agitate again, if necessary.                   5.6.3. Take a sample from the headspace in the phial. When utilizing manual sampling techniques care must be exercised in obtaining a reproducible sample (see point 4.4), in particular the syringe must be pre-warmed to the temperature of the sample. Measure the area (or height) of the peaks relating to the VC and to the internal standard if used.                   5.6.4. Remove from the column (4.3) excess DMA using an appropriate method as soon as peaks of DMA appear on the chromatogram.                              6. CALCULATION OF THE RESULTS      6.1. Find by interpolation on the curve, the unknown concentration of each of the two solutions of the sample taking account of the internal standard solution if used. Calculate the amount of VC in each of the two samples of material or article under investigation by applying the following formula: >PIC FILE= "T0013585">   where:  X = concentration of VC in the sample of the material or article expressed in mg/kg.  C = concentration of VC in the phial containing the sample of material or article (see under point 5.5) expressed in mg/l or mg/kg.  V = volume or mass of DMA in the phial containing the sample of material or article (see under point 5.5) expressed in litres or kg.  M = amount of the sample of the material or article, expressed in grams.           6.2. The concentration of VC in the material and article under investigation expressed in mg/kg shall be the average of the two concentrations of VC (mg/kg) determined in point 6.1 provided that the repeatability criterion in point 8 is satisfied.                  7. CONFIRMATION OF THE VC LEVEL  In cases where the content of VC in materials and articles as calculated under point 6.2 exceeds the maximum permissible amount the results obtained by the analysis of each of the two samples (5.6 and 6.1) must be confirmed in one of three ways:       - by using at least one other column (4.3) having a stationary phase with a different polarity. This procedure should continue until a chromatogram is obtained with no evidence of overlap of the VC and/or internal standard peaks with constituents of the sample of the material or article,           - by using other detectors, e.g. the micro-electrolytic conductivity detector (1),           - by using mass-spectrometry. In this case, if molecular ions with parent masses (m/e) of 62 and 64 are found in the ratio of 3 : 1, it may be regarded with high probability as confirming the presence of VC. In case of doubt the total mass spectrum must be checked.                  8. REPEATABILITY  The difference between the results of two determinations (6.1) carried out simultaneously or in rapid succession on the same sample, by the same analyst, under the same conditions, must not exceed 0 72 mg VC/kg of material or article.  (1)See Journal of Chromatographic Science, Vol. 12, March 1974, p. 152.


title: 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

text:
               31.10.2009

               EN

               Official Journal of the European Union

               L 285/36

      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
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   After consulting the Committee of the Regions,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (3) established the need to reduce air pollution to levels which minimise harmful effects on human health and the environment.

               (2)

               The Geneva Protocol on the control of emissions of volatile organic compounds or their transboundary fluxes sets emission reduction targets for volatile organic compounds (VOCs) and the Gothenburg Protocol to abate acidification, eutrophication and ground-level ozone (4) sets emission ceilings for four pollutants — sulphur dioxide, nitrogen oxides, VOCs and ammonia — and requires best available techniques to be used to keep emissions down.

               (3)

               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 (5) lays down air quality objectives for ground-level ozone and benzene and Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants (6) lays down national emission ceilings for VOCs which contribute to the formation of ground-level ozone. Emissions of VOCs, including petrol vapour, in one Member State can contribute to air quality problems in other Member States.

               (4)

               Ozone is also a greenhouse gas and contributes to atmospheric warming and climate change.

               (5)

               Directive 94/63/EC of the European Parliament and of the Council 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 (7) (Stage I petrol vapour recovery) aims to recover petrol vapour emitted from the storage and distribution of petrol between oil terminals and service stations.

               (6)

               Petrol vapour is also emitted during the refuelling of motor vehicles at service stations and should be recovered in a manner consistent with the provisions of Directive 94/63/EC.

               (7)

               Various Community instruments have been developed and implemented to limit VOC emissions. However, further action is necessary to achieve the objectives for health and the environment established in the Sixth Community Environmental Action Programme and Directive 2001/81/EC.

               (8)

               With a view to reducing lifecycle greenhouse gas emissions from road transport fuels, Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels (8) will, from 1 January 2011, permit the placing on the market of petrol containing a larger proportion of biofuel components than was previously the case. This may lead to an increase in VOC emissions, because of the possibility for Member States to implement limited derogations from the vapour pressure requirements of that Directive.

               (9)

               Existing service stations may need to adapt existing infrastructure and it is preferable to install vapour recovery equipment when they undergo major refurbishment of the fuelling system (that is to say, significant alteration or renewal of the station infrastructure, particularly tanks and pipes), since this significantly reduces the cost of the necessary adaptations. However, larger existing stations are better able to adapt and should install petrol vapour recovery earlier, given that they make a greater contribution to emissions. New service stations can integrate petrol vapour recovery equipment during the design and construction of the service station and can therefore install such equipment immediately.

               (10)

               The fuel tanks of newly manufactured motor vehicles contain no petrol vapour. A derogation is therefore appropriate for the first fuelling of such vehicles.

               (11)

               Although several Member States have national requirements concerning Stage II petrol vapour recovery systems, there is no Community legislation. Therefore, it is appropriate to establish a uniform minimum level of petrol vapour recovery in order to deliver a high level of environmental benefit and to facilitate trade in petrol vapour recovery equipment.

               (12)

               Periodic checks of all installed Stage II petrol vapour recovery equipment should be performed in order to ensure that petrol vapour recovery equipment produces real reductions in emissions. Member States may decide that checks are to be performed by one or more of the following: official inspection services, the operator itself or a third party. In the case of official inspections, Member States should have regard to Recommendation 2001/331/EC of the European Parliament and of the Council of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States (9).

               (13)

               Stage II petrol vapour recovery equipment should be tested regularly. The European Committee for Standardisation (CEN) should be encouraged to develop a harmonised testing methodology.

               (14)

               Member States should lay down rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive, since non-compliance can result in damage to human health and the environment.

               (15)

               In accordance with point 34 of the Interinstitutional Agreement on better law-making (10), Member States are encouraged to draw up, for themselves and in the interests of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public.

               (16)

               Since it is adopted pursuant to Article 175 of the Treaty, this Directive does not prevent Member States from maintaining or introducing more stringent protective measures that are compatible with the Treaty. Pursuant to Article 176 of the Treaty, Member States are to notify the Commission of any such measures.

               (17)

               The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (11).

               (18)

               In particular, the Commission should be empowered to adopt implementing measures concerning harmonised methods and standards. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

               (19)

               Since the objective of this Directive, namely to reduce emissions of petrol vapour to the atmosphere, cannot be sufficiently achieved by the Member States and can therefore, due to the transboundary nature of air pollution, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Subject matter
   This Directive lays down measures aimed at reducing the amount of petrol vapour emitted to the atmosphere during the refuelling of motor vehicles at service stations.
   Article 2
   Definitions
   For the purposes of this Directive:

               1.

               ‘petrol’ means petrol as defined in Article 2(a) of Directive 94/63/EC;

               2.

               ‘petrol vapour’ means any gaseous compound which evaporates from petrol;

               3.

               ‘service station’ means a service station as defined in Article 2(f) of Directive 94/63/EC;

               4.

               ‘existing service station’ means a service station which is built or for which an individual planning permission, construction licence or operating licence is granted before 1 January 2012;

               5.

               ‘new service station’ means a service station which is built or for which an individual planning permission, construction licence or operating licence is granted on or after 1 January 2012;

               6.

               ‘Stage II petrol vapour recovery system’ means 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;

               7.

               ‘petrol vapour capture efficiency’ means the amount of petrol vapour captured by the Stage II petrol vapour recovery system compared to the amount of petrol vapour that would otherwise be emitted to the atmosphere in the absence of such a system and expressed as a percentage;

               8.

               ‘vapour/petrol ratio’ means the ratio between the volume at atmospheric pressure of petrol vapour passing through the Stage II petrol vapour recovery system and the volume of petrol dispensed;

               9.

               ‘throughput’ means the total annual quantity of petrol unloaded from mobile containers into a service station.

         Article 3
   Service stations
   1.   Member States shall ensure that any new service station shall be equipped with a Stage II petrol vapour recovery system if:

               (a)

               its actual or intended throughput is greater than 500 m3/year; or

               (b)

               its actual or intended throughput is greater than 100 m3/year and it is situated under permanent living quarters or working areas.

         2.   Member States shall ensure that 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:

               (a)

               its actual or intended throughput is greater than 500 m3/year; or

               (b)

               its actual or intended throughput is greater than 100 m3/year and it is situated under permanent living quarters or working areas.

         3.   Member States shall ensure that any existing service station with a throughput in excess of 3 000 m3/year shall be equipped with a Stage II petrol vapour recovery system by no later than 31 December 2018.
   4.   Paragraphs 1, 2 and 3 shall not apply to service stations exclusively used in association with the construction and delivery of new motor vehicles.
   Article 4
   Minimum level of petrol vapour recovery
   1.   Member States shall ensure, with effect from the date on which Stage II petrol vapour recovery systems become mandatory pursuant to Article 3, 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 referred to in Article 8 or, if there are no such standards or procedures, with any relevant national standard.
   2.   With effect from the date on which Stage II petrol vapour recovery systems become mandatory pursuant to Article 3, 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.
   Article 5
   Periodic checks and consumer information
   1.   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 Article 4(2) or by any other appropriate methodology.
   2.   Where an automatic monitoring system has been installed, Member States shall ensure that the petrol vapour capture efficiency is tested at least once every three years. Any such automatic monitoring system shall automatically detect faults in the proper functioning of the Stage II petrol vapour recovery system and in the automatic monitoring system itself, indicate faults to the service station operator and automatically stop the flow of petrol from the faulty dispenser if the fault is not rectified within seven days.
   3.   When a service station has installed a Stage II petrol vapour recovery system, Member States shall ensure that it displays a sign, sticker or other notification on, or in the vicinity of, the petrol dispenser, informing consumers of that fact.
   Article 6
   Penalties
   Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by 1 January 2012 and shall notify it without delay of any subsequent amendment affecting them.
   Article 7
   Review
   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 equipment.

         It shall report the results of that review to the European Parliament and to the Council accompanied, if appropriate, by a legislative proposal.
   Article 8
   Technical adaptations
   Harmonised methods and standards may be adopted for the purposes of Articles 4 and 5. Where necessary to ensure consistency with any relevant standard drawn up by the European Committee for Standardisation (CEN), those Articles, with the exception of the petrol vapour capture efficiency and vapour/petrol ratio specified in Article 4 and the time periods specified in Article 5, may be adapted to technical progress.
   Those measures, designed to amend non-essential elements of this Directive, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(2).
   Article 9
   Committee procedure
   1.   The Commission shall be assisted by a committee.
   2.   Where reference is made to this paragraph, Articles 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   Article 10
   Transposition
   1.   Member States shall bring into force the laws, regulations, and administrative provisions necessary to comply with this Directive before 1 January 2012. They shall forthwith communicate to the Commission the text of those measures.
   When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 11
   Entry into force
   This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
   Article 12
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 21 October 2009.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         C. MALMSTRÖM

      (1)  Opinion of 13 May 2009 (not yet published in the Official Journal).

      (2)  Opinion of the European Parliament of 5 May 2009 (not yet published in the Official Journal) and Council Decision of 24 September 2009.

      (3)  OJ L 242, 10.9.2002, p. 1.

      (4)  OJ L 179, 17.7.2003, p. 3.

      (5)  OJ L 152, 11.6.2008, p. 1.

      (6)  OJ L 309, 27.11.2001, p. 22.

      (7)  OJ L 365, 31.12.1994, p. 24.

      (8)  OJ L 350, 28.12.1998, p. 58.

      (9)  OJ L 118, 27.4.2001, p. 41.

      (10)  OJ C 321, 31.12.2003, p. 1.

      (11)  OJ L 184, 17.7.1999, p. 23.