The Pollution Prevention and Control (Scotland) Regulations 2012

Schedule 1 conditions: volatile organic compoundsS

This section has no associated Policy Notes

32.—(1) SEPA must ensure that a permit for a specified activity contains any condition SEPA considers necessary to ensure compliance with—

(a)Directive 94/63/EC of the European Parliament and Council on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations M1 [F1(as last amended by Decision (EU) 2018/853)], and

[F2(b)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, as last amended by Commission Directive 2014/99/EU.]

(2) In this regulation, “specified activity” means an activity described in paragraphs (b) to (e) of Part B of Section 1.2 of Part 1 of Schedule 1.

[F3(3) When interpreting Directive 94/63/EC of the European Parliament and Council on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations for the purposes of this regulation, Article 2(k) is to be read as if the reference to Chapter 1 of Council Directive 82/714/EEC laying down technical requirements for inland waterway vessels were a reference to Article 3(c), as read with Article 2, of Directive (EU) 2016/1629 of the European Parliament and of the Council laying down technical requirements for inland waterway vessels, amending Directive 2009/100/EC and repealing Directive 2006/87/EC.]

[F4(4) For the purposes of these Regulations, Directive 94/63/EC is to be read as if in that Directive—

(a)in Article 4(1)—

(i)for “Member States”, at each place it occurs, there were substituted “ the Scottish Ministers ”,

(ii)the fifth subparagraph were omitted,

(b)in paragraph 1 of Annex I, for “Member States may grant a derogation from this provision where required for the protection of special landscape areas which have been designated by national authority” there were substituted “ SEPA may grant a derogation from this provision where required for the protection of National Parks or areas which are subject to local landscape designations ”,

(c)in paragraph 2 of Annex II—

(i)for “the United Kingdom” there were substituted “ SEPA ”,

(ii)for “the Commission” there were substituted “ the Scottish Ministers ”,

(iii)for “The Member States' competent authorities” there were substituted “ SEPA ”,

(d)in paragraphs 3 and 4 of Annex II for “the Member States' competent authorities” there were substituted “ SEPA ”.

(5) For the purposes of these Regulations, Directive 2009/126/EC, as last amended by Commission Directive 2014/99/EU, is to be read as if in Directive 2009/126/EC—

(a)in paragraphs 1, 2 and 3 of Article 3, the words “Member States shall ensure that”, at each place they occur, were omitted,

(b)in Article 4—

(i)in paragraph 1, for the words from “Member States” to “such systems is” there were substituted “ The petrol vapour capture efficiency of Stage II petrol vapour recovery systems must be ”,

(ii)in paragraph 2 the words from “With effect from” to “Article 3,” were omitted,

(c)in Article 5—

(i)in paragraph 1—

(aa)the words “Member States shall ensure that” were omitted,

(bb)for “vapour recovery systems is” there were substituted “ vapour recovery systems must be ”,

(ii)in paragraph 2—

(aa)the words “Member States shall ensure that” were omitted,

(bb)for “the petrol vapour capture efficiency is” there were substituted “ the petrol vapour capture efficiency must be ”,

(iii)in paragraph 3 for “Member States shall ensure that it displays” there were substituted “ it must display ”.]

Textual Amendments

Marginal Citations

M1OJ L 365, 31.12.1994, p.24; as amended by Regulation (EC) No. 1882/2003 (OJ L 284, 31.10.2003, p.1) and Regulation (EC) No. 1137/2008 (OJ L 311, 31.11.2008, p.1).