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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
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1.Loding and storage equipment shall be designed and operated in accordance with the technical provisions of Annex III.
These provisions are designed to reduce the total annual loss of petrol resulting from loading into storage installations at service stations to below the target reference value of 0,01 w/w % of the throughput.
Member States may maintain or require more stringent measures throughout their territory or in geographical areas where it is established that such measures are necessary for the protection of human health or the environment owing to specific conditions.
Member States may adopt technical measures for the reduction of losses of petrol other than those set down in Annex III if such alternative measures are demonstrated to have at least the same efficiency.
Member States shall inform the other Member States and the Commission of any existing measures or of any special measures referred to in this paragraph which they contemplate taking and of their grounds for taking them.
2.The provisions of paragraph 1 shall apply:
(a)from the date referred to in Article 10 for new service stations;
(b)three years from the date referred to in Article 10:
(b)for existing service stations with a throughput greater than 1 000 m3/year,
for existing service stations, regardless of their throughput, which are located under permanent living quarters or working areas;
(c)six years from the date referred to in Article 10 for existing service stations with a throughput greater than 500 m3/year;
(d)nine years from the date referred to in Article 10 for all other existing service stations.
3.By way of derogation, paragraphs 1 and 2 shall not apply to service stations with a throughput of less than 100 m3/year.
4.For service stations with an annual throughput of less than 500 m3/year, Member States may grant a derogation from the requirements of paragraph 1 where the service station is located in a geographical area or on a site where vapour emissions are unlikely to contribute significantly to environmental or health problems.
[F1Member States shall inform the Commission of the details of the areas within which they intend to grant such derogation and subsequently of any changes to such areas.]
5.The Kingdom of the Netherlands may grant a derogation from the timetable set down in paragraph 2, subject to the following conditions:
the measures required by this Article are implemented as part of a broader, existing national programme for service stations which simultaneously addresses various environmental problems, such as water pollution, air pollution, ground pollution and waste pollution and the implementation of which is tightly scheduled,
the timetable may only be varied by a maximum of two years, all programmes being completed within the time limit set out in paragraph 2 (d),
the Commission shall be notified of the decision to diverge from the timetable set down in paragraph 2, including full information on the scope and deadline of the derogation.
6.The Kingdom of Spain and the Portuguese Republic may grant a derogation of one year from the time limit set down in paragraph 2 (b).
Textual Amendments
F1 Substituted by Decision (EU) 2018/853 of the European Parliament and of the Council of 30 May 2018 amending Regulation (EU) No 1257/2013 and Directives 94/63/EC and 2009/31/EC of the European Parliament and of the Council and Council Directives 86/278/EEC and 87/217/EEC as regards procedural rules in the field of environmental reporting and repealing Council Directive 91/692/EEC.
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