European Scrutiny Committee Contents


5 Petrol vapour recovery at filling stations

(30271)

17170/08

+ ADDs 1-2

COM(08) 812

Draft Directive on Stage II petrol vapour recovery during refuelling of passenger cars at service stations

Legal baseArticle 175EC; co-decision; QMV
DepartmentEnvironment, Food and Rural Affairs
Basis of considerationMinister's letter of 5 June 2009
Previous Committee ReportHC 19-xvii (2008-09), chapter 2 (13 May 2009)
To be discussed in CouncilSee para 5.8 below
Committee's assessmentPolitically important
Committee's decisionCleared

Background

5.1 Because emissions of volatile organic compounds from petrol contribute to air quality problems, the Community introduced a Directive (94/63/EC) to recover vapour emitted from the storage of petrol and its distribution between terminals and service stations ("Stage I petrol vapour recovery"). However, the Commission's Thematic Strategy on Air Pollution pointed out that the measures being taken to increase the volume of biofuels in petrol involved changes in vapour pressure limits, and would thus lead to higher emissions of volatile organic compounds (VOC). It said that it would therefore bring forward a proposal to introduce the recovery of vapour during the refilling of passenger cars at filling stations.

5.2 The Commission accordingly put forward in December 2008 the current document, which would require Member States to ensure:

  • that as from 1 July 2012 any new service station is equipped with a Stage II petrol vapour recovery system[17] if its annual throughput is more than 500m3 (though, in the case of such stations situated under permanent living quarters or working areas, this requirement would apply irrespective of throughput);
  • that any existing service station with a throughput greater than 500m3 is from 1 July 2012 equipped with such a system when it undergoes major refurbishment;
  • that any existing service station with an annual throughput in excess of 3000m3 is fitted with such a system no later than 31 December 2020.

5.3 As we noted in our Report of 13 May 2009, most petrol stations in the UK comply with Directive 94/63/EC, and from 2010 many will also be required under domestic regulations to implement provisions akin to those in this proposal, although the trigger thresholds are slightly different. Thus, the UK regulations will have an upper threshold of 3500m3 (rather than the 3000m3 now proposed), whilst the 500m3 threshold would apply only to new service stations (and not to existing ones undergoing major refurbishment).

5.4 The Government described these thresholds as being the principal issue for the UK, and said that it would be undertaking an Impact Assessment in order to determine the implications, adding that it was not at that stage clear whether any further progress would be made in Brussels, pending the European Parliament elections and the installation of a new Commission. We therefore said that we thought it would be sensible to await that Assessment before taking a view of the proposal.

5.5 We subsequently received from the Minister for Sustainable Development, Climate Change Adaptation and Air Quality at the Department for Environment, Food and Rural Affairs (Lord Hunt) a supplementary Explanatory Memorandum of 30 April 2009, in which he said that the negotiations were proceeding very rapidly, with the aim of securing a first reading agreement at the beginning of May 2009. He anticipated that there would be pressure either to reduce the deadline by which existing petrol stations must fit the new equipment, or to lower the 3000 m3 threshold, adding that the former course would be preferable from a UK point of view.

5.6 In view of the timetable, the Minister also enclosed a draft report by the consultants who had been preparing the UK Impact Assessment, and drew attention to their conclusion that the typical capital costs of installing Stage II controls was around £30,000 for a new service station with a throughput between 3000m3 and 3500m3, or as part of major refurbishment of such a station; that the capital costs would increase to around £130,000 if the upgrade is undertaken outside the scheduled refurbishment cycle (although this would vary according to how much the scheduled refurbishment was brought forward); and that the comparative costs per tonne of VOC abated would be £700-£1300 (depending on the whether the value of the recovered fuel is included) for new stations and on-schedule upgrade, or £1900-£2400 where upgrading is required in advance of scheduled upgrade.

5.7 We said that we were grateful for this information, and recognised that, to the extent the original Commission proposal reflected the approach in the UK regulations due to come into force next year, it did not involve any major questions of principle. It nevertheless gave rise to a number of unresolved issues, and we were concerned that a decision might be rushed through simply in order to reach a first reading agreement. In particular, we said that we had found it difficult to form a clear view of how the proposal may have evolved during discussions in Brussels, in that there had been suggestions that its scope might be widened by reducing the 3000m3 and 500m3 thresholds: also, although the consultants' report provided a plethora of information, we were unclear whether, on the assumptions contained in it, the quantified benefits would be outweighed by the costs. In view of this, we said that we were reporting the document to the House, but that, before we could consider clearing it, we thought it right to await further clarification from the Government of the latest contents and the overall cost-benefit balance.

Minister's letter of 5 June 2009

5.8 We have now received from the Minister a letter of 5 June 2009, enclosing text of the final compromise submitted to COREPER on 22 April, and voted upon at the European Parliament's Plenary Session on 5 May, which the Council is expected to adopt in the autumn. This would retain the 3000m3 threshold at which any existing service station would have to be fitted with a Stage II vapour recovery system, whilst bringing forward the operative date forward from 2020 to 2018, and it would also retain the 500m3 threshold for new stations or those undergoing major refurbishment (though these requirements would now apply to stations situated under permanent living quarters or working areas only where the throughput is greater than 100m3).

5.9 The Minister's letter also summarises the likely costs and benefits of the proposal, as compared with application of existing UK legislation. He suggests that the annualised costs would be between £4.0 and 7.4 million (or £2.7 million to 5.5 million, if the value of recovered fuel is deducted). However, the benefits — which would arise from reductions in the health impact and climate change effects of VOC emissions — would depend upon whether the health impact is calculated under the methodology adopted within the UK by the Inter-departmental Group on Costs and Benefits (IGCB) or using that adopted by the Commission under the Clean Air for Europe (CAFE) programme: thus, in the former case, the annualised benefits would be between £0.7 and 1.1 million, whereas in the latter they would be between £5.1 and 7.8 million.

Conclusion

5.10 We are grateful to the Minister for this information, from which it would appear that, as compared with the approach under comparable UK regulations which are due to come into effect shortly, the proposal could give rise to either a relatively small net benefit or net cost, depending upon which of the two benefit estimates is used. Having said that, we note that there is no longer any likelihood of major changes to the threshold levels at which the proposal would have effect, and, as we noted in our earlier Report, it does not give rise to any major points of principle. In view of this, we do not believe it requires any further consideration, and we are therefore clearing it.





17   This would recover the petrol vapour displaced from car fuel tanks during refuelling, and transfer it either to underground tanks or back to dispensers for resale. Back


 
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