EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, 18.12.2013  
COM(2013) 919 final 
2013/0442 (COD) 
  
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
on the limitation of emissions of certain pollutants into the air from medium combustion 
plants 
(Text with EEA relevance) 
{SWD(2013) 531 final} 
{SWD(2013) 532 final} {SWD(2013) 536 final} 
  
EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL 
General context – Grounds for a nd objectives of the proposal 
The Decision of the European Parliament  and of the Council on a General Union 
Environment Action Programme to 2020 "Living well, within the limits of our planet"1 has 
been an important driver in the process of re viewing the EU Air quality  Policy, in particular 
where it identified the need for measures to tackle air pollution at source. 
The Communication from the Commission to the Council and the European Parliament "A 
Clean Air Programme for Europe"2 calls for action to control emissions of air polluting 
substances from combustion plants with a rated thermal input between 1 and 50 MW 
(hereafter medium combustion plants), there by completing the regulatory framework for the 
combustion sector also with a view of incr easing the synergies be tween air pollution and 
climate change policies. 
Medium combustion plants are used for a wide variety of applications  (including electricity 
generation, domestic/residential heating and cooling and provid ing heat/steam for industrial 
processes, etc.) and are an important source of  emissions of sulphur di oxide, nitrogen oxides 
and particulate matter. The approximate number of medium combustion pl ants in the EU is 
142,986. 
The combustion of fuel in new small combusti on plants and appliances  can be covered by 
provisions implementing Directive 2009/125/EC of  the European Parliament and of the 
Council of 21 October 2009 establishing a fr amework for the setting of ecodesign 
requirements for energy-related products3. Combustion of fuel in la rge combustion plants is 
controlled by Directive 2010/75/EU of the Europ ean Parliament and of the Council of 24 
November 2010 on industrial emissions (integ rated pollution prevention and control)4 from 7 
January 2013, with Directive 2001/80/EC of the European Parliament and of the Council of 
23 October 2001 on the limitation of emissions of certain pollutants into the air from large 
combustion plants5 continuing to apply to existing large combustion plants until 31 December 
2015. 
Emissions of air pollutants from medium combus tion plants are generally  not regulated at EU 
level, and it is therefore appropriate to co mplement the existing legislation relating to 
combustion plants with provi sions for this category.  
Consistency with other policies and objectives of the Union 
The present proposal is part of the new framework of action in th e field of air quality in the 
EU, as set out in the revised EU Thematic St rategy on Air Pollution, and is consistent with 
and reinforces the Europe 2020 objectives on smart, inclusive and sustainable growth6. Care is 
taken to safeguard the interests of SMEs  along the "think small first" principle.7 
                                                 
1 COM(2012) 710 final [after adoption: OJ L , , p. .] 
2 COM(2013) xxx final 
3 OJ L 285, 31.10.2009, p.10 
4 OJ L 334, 17.12.2010, p.17 
5 OJ L 309, 27.11.2001, p. 1  
6 Communication from the Commission “EUROPE 2020 -A strategy for smart, sustainable and inclusive 
growth”, COM(2010) 2020 final, 3.3.2010. 
7 Communication from the Commission ““Think Small First” - A “Small Business Act” for Europe” 
COM(2008) 394 final, 25.6.2008.   
EN 3   EN 2. RESULTS  OF CONSULTATIONS  WITH  THE  INTERESTED  PARTIES  AND  
IMPACT  ASSESSMENTS 
Consultation of interested parties 
Stakeholders and the public were consulted th rough a series of formal and informal events, 
including two online questionnaires, a Eur obarometer survey, and a continued dialogue 
through multi- and bilateral meetings. Consultation with Member States also took place via the meetings of the Air Quality Expert Group. A significant part of stakeholders highlighted 
the importance of EU source controls for sharing the pollution reduction burden, and 
expressed favourable opinion in  controlling emissions from medium combustion plants, 
noting however the need to limit admi nistrative burden, which could become 
disproportionate, both for operators and for co mpetent authorities, in  case of a "full" 
permitting regime. Input from stakeholders has been taken into account when designing the 
different possible options for controlling emissions from medium combustion plants. 
A first scoping on-line public consultation was ca rried out at the end of 2011 with a view to 
broaden the information base for the initial de velopment of the policy options. An internet 
consultation ran for 12 weeks from 10 Decem ber 2012 on the European Commission’s ‘Your 
voice in Europe’ web page. The consultation us ed two questionnaires, one short questionnaire 
aimed for the general public, the second one long er and more articulated, including questions 
on sources controls, targ eting experts and stakeholders. A total of 1934 individuals answered 
from general public, while 371 responses were re ceived from experts and stakeholders. Out of 
those latter, about 40% agreed  on the necessity of regulati ng combustion plants below the 
50MW threshold set in the Industrial Emissions Di rective (IED) at EU level, with 20% from 
business representatives, 43% fr om individual experts, 48% fr om government representatives 
and 55% from NGOs. Business and government  representatives chose a light permitting 
regime or registration regime, while about ha lf of individual expert s and NGOs opted for a 
"full" permitting regime with EU-wide emission limit values. 
All background information is available on a website
8 dedicated to this initiative. 
Result of the impact assessment 
As stated in the Impact Assessment (IA) of the Review of the Thematic Strategy on Air 
Pollution while the overall structure of air quality  policy is logical and coherent, a better 
match must be ensured in practical implementa tion between source controls, emission ceilings 
and ambient air quality standards, notably to ensure that local achievement of ambient air 
quality standards is not compromised by (a) fa ilure to limit pollution from significant point 
sources or from products (e.g. real world emi ssions), or (b) high ba ckground concentrations 
resulting from the overall emission burden.  
To make progress towards the EU's long-term  objective (after 2020) of further reducing 
health and environmental impacts of air pollu tion, a number of policy options were assessed 
with the aim of identifying a cost-effective package of measures. This included the 
consideration of selected additional EU source control measures, one of them addressing emissions from medium combustion plants. The re sult of the assessment is that an EU-wide 
instrument to control emissions from medium combustion plants would extend to all Member 
States the technical measures identified as co st-effective in the multi-sectorial analysis, and 
has led to the conclusion to propose a legislative instrument for controlling emission from such plants at EU-level.  
                                                
 
8 http://ec.europa.eu/environment/air/review_air_policy.htm  
EN 4   EN Out of the five policy options considered and in depth analysed to control emissions from 
medium combustion plants, the preferred option would set emission limit values in line with 
those set in Directive 2010/75/EU for plants  between 50-100 MW and in a number of 
Member States, and complemented with a num ber of emission limit values set out for new 
plants in the amended Gothenburg Protocol9. To limit the costs asso ciated to nitrogen oxides 
reductions, the emission limit values should be mainly based on the application of primary emission abatement measures. In situations where air quality is not mee ting the EU standards, 
Member States should however apply stricter limits. 
To avoid significant impact on SMEs, in which most of the medium combustion plants are 
operated, a number of mitigation measures ha ve been taken on board: operators will not 
require a permit, but need to notify the operati on of the plant to the competent authorities, 
which will ensure registration; phased implementation providing existing plants a longer transitional period to comply with the limits ha s been also recommended with longer periods 
for the smallest plant category; limited or simplified monitoring and reporting obligations are foreseen.  
3. LEGAL
 ELEMENTS  OF THE  PROPOSAL 
Summary of the proposed action 
The proposal, when establishing provisions for medium combustion plants, aims at filling in 
an existing gap in legislation. It introduces mi nimum requirements, keeping the administrative 
burden at the lowest possible level and taking special account of the situation of SMEs. 
Specific information on the Articles and A nnexes of the proposal is provided below.  
Article 1  makes it clear that the directive aims at reducing emissions to ai r of sulphur dioxide, 
nitrogen oxides and particulate matter from me dium combustion plants and thereby reducing 
the potential risks to huma n health and the environment from such emissions. 
Article 2  defines the scope of the Directive in a way to avoid overlap with Directive 
2009/125/EC or with Chapter III or IV of Directive 2010/75/ EU, and exempts also some 
combustion plants on the basis of their technical  characteristics or th eir use in particular 
activities. 
Article 3  lists the definitions applicable fo r the purposes of this Directive. 
Article 4  sets out the obligation of the competent authority to register medium combustion 
plants, based on notification by the operator. The elements of such notification are listed in 
Annex I . 
Provisions on emission limit values  are laid down in Article 5,  with the corresponding values 
applicable for existing and new plants in Anne x II. It is proposed that the emission limit 
values apply to existing combustion plants after a fixed period from the date of application of 
this Directive, in order to provide them with sufficient time to adapt technically to the requirements of this Directive. Article 5(4) re quires Member States to apply more stringent 
emission limit values to individual plants in zo nes not complying with air quality limit values. 
Annex III lays down the benchmark values for that purpose that reflect the performance of the 
most advanced techniques available. 
                                                
 
9 Protocol to the United Nations Economic Commission for Europe (UNECE) Convention on Long-
Range Transboundary Air Pollution to abate acidification, eutrophication and ground-level ozone 
(1999).  
EN 5   EN Monitoring requirements ar e set out in Article 6  and Annex IV. This A nnex is proposed to be 
adapted to technical and scientif ic progress by means of delegate d acts (as per Articles 14 and 
15). 
Articles 7 and 8  of the proposal lay down provisions to ensure an effective implementation 
and enforcement of this Directive. In particul ar, a provision is introduced  to require operators 
to immediately report on non-compliance to th e competent authority. Member States should 
also ensure that the operator and the competent authority take necessary measures in case of 
non-compliance with this Directive. Furtherm ore, the proposal introduces requirements for 
Member States to provide for a system of e nvironmental inspections of medium combustion 
plants covered by this Directive, or implement  other measures to check compliance thereof. 
Article 9  provides for the obligations of the operator and the competent authority in case of 
changes to a medium combustion plant. 
Article 10  is concerned with the right of access to in formation and refers, for that purpose, to 
Directive 2003/4/EC of the European Parlia ment and of the Council of 28 January 2003 on 
public access to environmental informati on and repealing Council Directive 90/313/EEC 10. 
Article 11  requires Member States to designate th e competent authorities responsible for 
carrying out the obligations arising from this Directive. 
Article 12  establishes a reporting mechanism. While Member States' first report to the 
Commission, due by 30 June 2019, shall contain a summary of data of key importance in 
implementing this Directive, the following re ports shall contain quali tative and quantitative 
information on the implementation of this Direc tive, any action taken to verify compliance of 
the operation of medium combus tion plants with this Directive and any enforcement action 
taken for the purposes thereof. Article 13 also  lays down the Commissi on's reporting duties.  
Article 14  lays down the applicable de legation procedure with a view  to adapting Annex IV to 
scientific and technical progr ess through delegated acts, in  accordance with Article 13 . 
Articles 15, 16 and 17  lay down, respectively, the provisions  on penalties applicable to 
breaches of the national provisions enacted purs uant to the proposal, on the transposition by 
xx/xx/xx at the latest of the propo sal into the law of the Member  States and on its entry into 
force. 
Annex I  lists the information to be notified by the operator to the competent authority. 
Annex II  sets out the emission limit values appli cable for existing and new combustion plants, 
in accordance with Article 5(2) and 5(3), respectively. 
Annex III  provides for benchmark values for the appl ication of more stri ngent emission limit 
values, in accordance with Article 5(4). 
Annex IV  details the requirements applicable to the monitoring of emissions. 
Explanatory documents 
The Commission considers that explanatory docu ments are necessary in order to improve the 
quality of information on the transposition of the directive for the following reasons.  
The complete and correct transposition of the Di rective is essential to guarantee that its 
objectives (i.e. protecting human health and the environment) are achieve d. Given that certain 
Member States already regulate emissions of air pollutants from medium combustion plants, 
the transposition of this direc tive would probably not consist of  one piece of legislation, but 
would rather consist of various amendments or new proposals in relevant fields . In addition, 
                                                 
10 OJ L 41, 14.2.2003, p. 26.  
EN 6   EN the implementation of the Directive is often highly decentralised, as the regional and local 
authorities are responsible for its application and, in some Member States, even for its 
transposition.  
The above factors are likely to increase the risks of incorrect transposition and 
implementation of the Directive, and complicate the Commission’s task of monitoring the application of EU law. Clear information with re spect to the transposition of the Directive is 
instrumental in ensuring the conformity of  national legislation with its provisions. 
The requirement to provide explanatory documents may create an additional administrative 
burden on those Member States which do not wo rk on this basis in any case. However, 
explanatory documents are necessary to allow e ffective verification of complete and correct 
transposition, which is essent ial for the reasons mentioned above, and there are no less 
burdensome measures to allow efficient veri fication. Moreover, the explanatory documents 
can contribute significantly to reducing the ad ministrative burden of compliance monitoring 
by the Commission; without them, considerab le resources and numerous contacts with 
national authorities would be required to track  the methods of transposition in all Member 
States. Hence, the possible additional admini strative burden of providing explanatory 
documents is proportionate to the aim pursued, na mely to ensure effective transposition and 
fully achieve the objectives of the Directive. In view of the above it is a ppropriate to ask Member  States to accompany the notification of 
their transposition measures with one or more  documents explaining the relationship between 
the provisions of the Direct ive and the corresponding part s of national transposition 
instruments. 
Legal basis 
As the primary objective of the Directive is th e protection of the envi ronment, in accordance 
with Article 191 TFEU, the proposal is based on Article 192(1) TFEU.
320 
Subsidiarity and proportionality prin ciples and choice of instrument 
The subsidiarity principle applies insofar as  the proposal does not fa ll under the exclusive 
competence of the European Union.  
The objectives of the proposal cannot be suffi ciently achieved by the Member States and 
Union action will better achieve those objectives for the following reasons. 3 
While emissions to air often cause transboundary pollution, emi ssions of air pollutants from 
medium combustion plants are generally not regul ated at EU level at the current stage. The 
major thrust of this proposal is to lay dow n emission limit values to control emissions of 
sulphur dioxide, nitrogen oxides and particulat e matter into the air from medium combustion 
plants as minimum standards of protection for the environment and for all citizens of the EU. 
All Member States must therefore take measur es to comply with the minimum requirements; 
varying national regulation might hamper tr ansboundary economic activities. Action at EU 
level is necessary and brings added value compared to individual national actions. 
The proposal therefore complies with  the subsidiarity principle. 
The chosen legal instrument is a directive as the proposal lays down objectives and 
obligations, while leaving sufficien t flexibility to the Member St ates as regards the choice of 
measures for compliance and their detailed im plementation. The proposal therefore complies 
with the proportionality principle.   
EN 7   EN 4. BUDGETARY  IMPLICATION 
The proposal has no implications for the EU budget. 
5. OPTIONAL  ELEMENTS   
The proposal concerns a matter relevant to th e European Economic Ar ea and should therefore 
be applicable to it.  
EN 8   EN 2013/0442 (COD) 
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
on the limitation of emissions of certain pollu tants into the air from medium combustion 
plants 
(Text with EEA relevance) 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article 192(1) thereof, 
Having regard to the proposal from the European Commission, 
After transmission of the draft legislative act to the national Parliaments, Having regard to the opinion of the Eu ropean Economic and Social Committee
11,  
Having regard to the opinion of  the Committee of the Regions12, 
Acting in accordance with the or dinary legislative procedure13, 
Whereas: (1) Decision XXX/XXXX of the European  Parliament and of the Council
14 (the Action 
Programme) recognises that emissions of  pollutants to air have been reduced 
significantly over the past decades, but at the same time air pollution levels are still problematic in many parts of Europe, and citizens of the Union continue to be exposed to air polluting substances, potentially compromising their health and wellbeing.  
According to the Action Programme, ecosy stems continue to suffer from excess 
nitrogen and sulphur deposition associat ed with emissions from transport, 
unsustainable agricultural pr actices and power generation. 
(2) In order to ensure a healthy environment for all, the Action Programme calls for local 
measures to be complemented with adequa te policy at both national and Union level. 
It requires in particular strengthening effo rts to reach full compliance with air quality 
legislation of the Union and defining  strategic targets and actions beyond 2020. 
(3) Scientific assessments show that the aver age lifetime loss for citizens of the Union due 
to air pollution is of eight months. 
(4) Emissions of pollutants from the combusti on of fuel in medium combustion plants are 
generally not regulated at Union level al though they contribute increasingly to air 
                                                
 
11 OJ C , , p. . 
12 OJ C , , p. . 
13 Position of the European Parliament of xx/xx/xxxx (OJ C …, p. …) and position of the Council at first 
reading of xx/xx/xxxx (OJ C …, p. …). Position of the European Parliament of xx/xx/xxxx (OJ C …, 
p….) and decision of the Council of xx/xx/xxxx. 
14 Decision XXX/XXXX of the Euro pean Parliament and of the Council of … … … on a General Union 
Environment Action Programme to 2020 "Living well, within the limits of our planet" (OJ L… ,… … 
… , p…).   
EN 9   EN pollution, due in particular to an increase in  the use of biomass as a fuel, driven by 
climate and energy policy. 
(5) The combustion of fuel in small combusti on plants and applianc es can be covered by 
acts implementing Directive 2009/125/EC of the European Parliament and of the 
Council of 21 October 2009 esta blishing a framework for th e setting of ecodesign 
requirements for energy-related products15. Combustion of fuel in large combustion 
plants is covered by Directive 2010/75/EU of the European Parliament and of the 
Council16 from 7 January 2013, while Directive 2001/80/EC of the European 
Parliament and of the Council17 continues to apply to larg e combustion plants covered 
by Article 30(2) of Directive 2010/75/EU until 31 December 2015. 
(6) The report of the Commission of 17 May 201318 on the reviews undertaken under 
Article 30(9) and Article 73 of Direc tive 2010/75/EU concluded that for the 
combustion of fuels in medium combustion pl ants, a clear potential for cost-effective 
abatement of air emissions was demonstrated. 
(7) The Union's international obligations on air pollution to abate acidification, 
eutrophication, ground-level ozone and emissi ons of particulate matter are agreed 
under the Gothenburg Protocol of the C onvention on Long Range Transboundary Air 
Pollution, which was amended in 2012 to  strengthen the existing reduction 
commitments for sulphur dioxide, nitrogen  oxides, ammonia and volatile organic 
compounds and introduce new reduction commitm ents for fine particulate matter (PM 
2.5), to be attained from 2020 onwards.  
(8) The Communication from the Commissi on to the Council and the European 
Parliament "A Clean Ai r Programme for Europe"19 calls for action to control 
emissions of air polluting substances from medium combustion plants, thereby 
completing the regulatory framework fo r the combustion sector. The Strategy 
completes the pollution reduction age nda for 2020 laid down in Commission 
Communication of 21 September 2005 on the Thematic Strategy on Air Pollution20, 
and develops impact reduction objectives for the period up to  2030. To achieve the 
strategic objectives, a regulatory agenda should be esta blished, including measures to 
control emissions from medium combustion plants. 
(9) This Directive should not apply to en ergy related products covered by implementing 
measures adopted in accordance with Dir ective 2009/125/EC or by Chapter III or IV 
of Directive 2010/75/EU. Certain other com bustion plants should also be exempted 
from the scope of this Directive, on the basi s of their technical characteristics or their 
use in particular activities. 
(10) In order to ensure the control of emissions of sulphur dioxide, nitrogen oxides and 
particulate matter into the air, each medium  combustion plant should operate only if it 
is at least registered by the competent au thority, based on notifi cation by the operator. 
                                                 
15 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing 
a framework for the setting of ecodesign requir ements for energy-related products (OJ L 285, 
31.10.2009, p.10). 
16 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on 
industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p.17). 
17 Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the 
limitation of emissions of certain pollutants into the air from large combustion plants (OJ L 309, 
27.11.2001, p. 1).  
18 COM(2013)286 final.  
19 COM(2013) xxx final 
20 COM(2005) 446 final.  
EN 10   EN (11) For the purposes of controlling emissions  into air from medium combustion plants, 
emission limit values and requirements fo r monitoring should be set out in this 
Directive.  
(12) In order to provide exis ting medium combustion plants with sufficient time to adapt 
technically to the requirements of this Di rective, the emission limit values should 
apply to those combustion plants after a fixed period from the date of application of this Directive. 
(13) In accordance with Article 193 of the Treaty on the Functioning of the European 
Union (TFEU), this Directive does not prev ent Member States from maintaining or 
introducing more stringent protective m easures, for example for the purposes to 
comply with environmental quality standard s. In particular, in zones not complying 
with air quality limit values, more stringent emission limit values, which would also promote eco-innovation in the Un ion, facilitating in particular market access of small 
and medium enterprises, should be applied by Member States, such as the benchmark 
values set out in Annex III to this Directive. 
(14) Member States should ensure that the operator of a medium co mbustion plant and the 
competent authority each take the necessary  measures in the event of non-compliance 
with this Directive. 
(15) In order to limit the burden for sma ll and medium enterprises operating medium 
combustion plants, the administrative ob ligations on operato rs for notifying, 
monitoring and reporting should be proporti onate, while still allowing effective 
compliance verification by the competent authorities.  
(16) To ensure the consistency and cohere nce of the Member State information on the 
implementation of this Directive and pr omote exchange of information between 
Member States and the Commission, the Commission, assisted by the European 
Environment Agency, should develop an elec tronic reporting tool also available for 
internal use by Member Stat es for national reporting a nd data management purposes. 
(17) In order to adapt to scie ntific and technical pr ogress, the power to adopt acts to adjust 
the provisions on emission monitoring set out in Annex IV in accordance with Article 
290 TFEU should be delegated to the Commissi on. It is of particular importance that 
the Commission carry out appropriate cons ultations during its preparatory work, 
including at expert level.  The Commission, when prepar ing and drawing up delegated 
acts, should ensure a simultaneous, timely an d appropriate transmission of relevant 
documents to the European Parliament and the Council. 
(18) Since the objectives of this Directiv e, namely the improvement of environmental 
quality and human health, cannot be suffici ently achieved by Memb er States, and can 
therefore be better achiev ed at Union level, the Un ion may adopt measures in 
accordance with the principle of subsidiarity as  set out in Article 5 of the Treaty on the 
European Union. In accordance with the princi ple of proportionality, as set out in that 
Article, this Directive does not go beyond what  is necessary in order to achieve those 
objectives. 
(19) This Directive respects the fundamental rights and observes the principles recognised 
in particular by the Charter of Fundament al Rights of the European Union. In 
particular, this Directive seeks to ensu re the application of Article 37 on the 
environmental protection of the Charter.  
EN 11   EN (20) In accordance with the Joint Political  Declaration of Member States and the 
Commission of 28 September 2011 on explanatory documents21, Member States have 
undertaken to accompany, in justified cases, the notification of their transposition 
measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition 
instruments. With regard to this Directive,  the legislator considers the transmission of 
such documents to be justified, 
HAVE ADOPTED THIS DIRECTIVE: 
Article 1 
Subject matter 
This Directive lays down rules to control emi ssions of sulphur dioxide, nitrogen oxides and 
particulate matter into the air from medium combustion plants, and thereby reduce emissions 
to air and the potential risks to human hea lth and the environment from such emissions. 
Article 2 
Scope 
1. This Directive shall apply to combustion plan ts with a rated thermal input equal to or 
greater than 1 MW and less than 50 MW (hereinafter referred to as ‘medium 
combustion plants’), irrespective of the type of fuel used. 
2. This Directive shall not  apply to the following: 
(a) combustion plants which are covered by Chapter III or Chapter IV of Directive 
2010/75/EU; 
(b) energy related products which are cove red by implementing measures adopted 
in accordance with Directive 2009/125/EC  where those implementing acts are 
setting emission limit values for the pollutants listed in Annex II of this 
Directive; 
(c) combustion plants in which the gaseus products of combustion are used for the 
direct heating, drying or any other tr eatment of objects or materials; 
(d) post-combustion plants designed to pur ify the waste gases from industrial 
processes by combustion and which are not operated as independent 
combustion plants; 
(e) any technical apparatus used in the propul sion of a vehicle, ship or aircraft; 
(f) combustion plants which are covered by implementing measures adopted in 
accordance with Regulation (EC) No 1069/2009 of the European Parliament and of the Council
22 where those implementing acts are setting emission limit 
values for the pollutants listed in  Annex II of this Directive. 
Article 3 
Definitions 
For the purposes of this Directive the following definitions shall apply: 
                                                 
21 OJ C 369, 17.12.2011, p. 14. 
22 Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 
laying down health rules as regards animal by-products and derived products not intended for human 
consumption and repealing Regulation (EC) No 1774/2002 (OJ L 300, 14.11.2009, p. 1.)  
EN 12   EN (1) ‘emission’ means the discharge of substances  from the combustion plant into the air; 
(2) ‘emission limit value’ means the permissible qu antity of a substanc e contained in the 
waste gases from the combustion plant which may be discharged into the air during a 
given period; 
(3) ‘nitrogen oxides’ (NO x) means nitric oxide and n itrogen dioxide, expressed as 
nitrogen dioxide (NO 2); 
(4) ‘particulate matter’ means particles, of any shape, structure or density, dispersed in 
the gas phase at the sampling point conditi ons which may be collected by filtration 
under specified conditions afte r representative sampling of the gas to be analysed, 
and which remain upstream of the filter a nd on the filter after drying under specified 
conditions;  
(5) ‘combustion plant’ means any technical a pparatus in which fuels are oxidised in 
order to use the heat thus generated; 
(6) ‘existing combustion plant’ means a combus tion plant put into op eration before [1 
year after the date of transposition]; 
(7) ‘new combustion plant’ means a combustion plant other than an existing combustion 
plant; 
(8) ‘engine’ means a gas engine, diesel  engine or dual fuel engine; 
(9) ‘gas engine’ means an internal combustion engine which operates according to the 
Otto cycle and uses spark ignition to burn fuel; 
(10) ‘diesel engine’ means an internal combus tion engine which operates according to the 
diesel cycle and uses compre ssion ignition to burn fuel; 
(11) ‘dual fuel engine’ means an internal combustion engine which uses compression 
ignition and operates accordi ng to the diesel cycle wh en burning liquid fuels and 
according to the Otto cycle when burning gaseous fuels; 
(12) ‘gas turbine’ means any rotating machine which converts thermal energy into 
mechanical work, consisting mainly of a compressor, a thermal device in which fuel 
is oxidised in order to heat the working fluid, and a turbine; this includes both open 
cycle and combined cycle gas turbines, a nd gas turbines in cogeneration mode, all 
with or without s upplementary firing; 
(13) ‘fuel’ means any solid, liquid or  gaseous combustible material; 
(14) ‘waste’ means any substance or object whic h the holder discards or intends or is 
required to discard;  
(15) ‘biomass’ means any of the following: 
(a) products consisting of any vegetable matte r from agriculture or forestry which 
can be used as a fuel for the purpos e of recovering its energy content; 
(b) the following waste: 
(a) vegetable waste from agriculture and forestry; 
(b) vegetable waste from the food proce ssing industry, if th e heat generated 
is recovered;  
EN 13   EN (c) fibrous vegetable waste from virg in pulp production and from production 
of paper from pulp, if it is co-incin erated at the place of production and 
the heat generated is recovered; 
(d) cork waste; 
(e) wood waste with the exception of  wood waste which may contain 
halogenated organic compounds or heavy metals as a result of treatment 
with wood preservatives or coating and which includes, in particular, 
such wood waste originating from construction and demolition waste; 
(16) ‘operating hours’ means the time, expre ssed in hours, during which a combustion 
plant is discharging emissions into the air;  
(17) ‘operator’ means any natural or legal pers on who operates or cont rols the combustion 
plant, or, where this is provided for in national law, to whom decisive economic 
power over the technical functioning of  the plant has been delegated; 
(18) ‘limit value’ means a level fixed on the basi s of scientific knowledge, with the aim of 
avoiding, preventing or reducing harmful effects on human health and/or the 
environment as a whole, to be attained with in a given period and not to be exceeded 
once attained, as laid down in Directive 2008/50/EC of the European Parliament and 
of the Council23;  
(19) ‘zone’ means part of the territory of a Memb er State, as delimited by that Member 
State for the purposes of air quality assessment and management, as laid down in Directive 2008/50/EC. 
Article 4 
Registration  
1. Member States shall take the necessary m easures to ensure that medium combustion 
plants are operated only if they are registered by the competent authority.  
2. The procedure for registration shall include  at least a notification to the competent 
authority by the operator of the operati on or the intention to  operate a medium 
combustion plant. 
3. For each medium combustion plant, the notif ication by the operator shall contain at 
least the information listed in Annex I.  
4. The competent authority shall register the medium combustion plant within one 
month following the notification by the ope rator and shall inform the operator 
thereof.  
5. Existing medium combustion plants ma y be exempted from the notification 
obligation referred to in paragraph 2 provid ed that all information referred to in 
paragraph 3 has been made availabl e to the competent authorities. 
Those combustion plants shall be registered  by [thirteen months after the date of 
transposition]. 
6. For each medium combustion plant, the re gister held by the competent authorities 
shall at least include the information listed in Annex I, as well as any information 
                                                
 
23 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 (OJ L 152, 11.6.2008, p.1).  
EN 14   EN obtained through the verificati on of monitoring results or other compliance checks 
referred to in Articles 7 and 8. 
Article 5 
Emission limit values 
1. Without prejudice to the provisions of Chapter II of Directive 2010/75/EU, where 
applicable, the emission limit values set out  in Annex II shall apply to individual 
medium combustion plants. 
2. From 1 January 2025 emissions into air of sulphur dioxide, nitrogen oxides and 
particulate matter from an existing medium combustion plant with a rated thermal 
input above 5 MW shall not exceed the emission limit valu es set out in Part 1 of 
Annex II.  
From 1 January 2030 emissions into air of  sulphur dioxide, nitrogen oxides and 
particulate matter from an existing medium combustion plant with a rated thermal 
input of 5 MW or less shall not exceed the emission limit values set out in Part 1 of Annex II.  
Member States may exempt existing medium combustion plants which do not 
operate more than 500 operating hours per ye ar from compliance with the emission 
limit values set out in Part 1 of Annex II. In that case, for plants firing solid fuels, an 
emission limit value for particulate matter of 200 mg/Nm³ shall apply. 
3. From [1 year after the date  of transposition] emissions into air of sulphur dioxide, 
nitrogen oxides and particulate matter fr om a new medium combustion plant shall 
not exceed the emission limit values set out in Part 2 of Annex II. 
Member States may exempt new medium combustion plants wh ich do not operate 
more than 500 operating hours per year fr om compliance with the emission limit 
values set out in Part 2 of Annex II. In that case, for pl ants firing solid fuels, an 
emission limit value for particulate matter of 100 mg/Nm³ shall apply. 
4. In zones not complying with EU air qua lity limit values laid down in Directive 
2008/50/EC, Member States shall apply, for individual medium combustion plants in 
those zones, emission limit values base d on the benchmark values laid down in 
Annex III or on stricter values establishe d by the Member States, unless it is 
demonstrated to the Commission that appl ying such emission limit values would 
entail disproportionate costs and that ot her measures ensuring compliance with the 
air quality limit values have been include d in the air quality plans required under 
Article 23 of Directive 2008/50/EC. 
5. The Commission shall organise an exchange  of information with Member States and 
stakeholders on the benchmark values fo r more stringent emission limit values 
referred to in paragraph 4. 
6. The competent authority may grant a deroga tion for a maximum of six months from 
the obligation to comply with the emission limit values provided for in paragraphs 2 
and 3 for sulphur dioxide in  respect of a medium com bustion plant which normally 
uses low-sulphur fuel, in cases where the operator is unable to comply with those limit values because of an interruption in the supply of low-sulphur fuel resulting 
from a serious shortage. 
Member States shall immediately inform  the Commission of any derogation granted 
under the first subparagraph.  
EN 15   EN 7. The competent authority may grant a derogation from the obligation to comply with 
the emission limit values provided for in paragraphs 2 and 3 in cases where a medium combustion plant using only gaseous fuel has to re sort exceptionally to the 
use of other fuels because of a sudden interruption in the supply of gas and for this reason would need to be equipped with a secondary abatement equipment. The period for which such a derogation is gran ted shall not exceed 10 days except where 
the operator demonstrates to the competent authority that a longer period is justified. 
Member States shall inform the Commissi on immediately of any derogation granted 
under the first subparagraph. 
8. Where a medium combustion plant simulta neously uses two or more fuels, the 
emission limit value for each pollutant sha ll be calculated in accordance with the 
following steps:  
(a) taking the emission limit value relevant for each individual fuel as set out in Annex 
II; 
(b) determining the fuel-weighted emission limit value, which is obtained by multiplying 
the individual emission limit value referr ed to in point (a) by the thermal input 
delivered by each fuel, and dividing the pr oduct of multiplication by the sum of the 
thermal inputs delivered by all fuels; 
(c) aggregating the fuel-weight ed emission limit values. 
Article 6 
Monitoring of emissions and the ope ration of abatement equipment 
1. Member States shall ensure that the opera tors carry out monitoring of emissions at 
least in accordance with Annex IV.  
2. For medium combustion plants using multiple fuels, the monitoring of emissions 
shall be done while firing a fuel or fuel mix th at is likely to result  in the highest level 
of emissions and during a period re presenting normal operating conditions. 
3. All monitoring results shall be recorded, pr ocessed and presented in such a way as to 
enable the competent authority to verify compliance with the emission limit values. 
4. For medium combustion plants applying s econdary abatement equipment in order to 
meet the emission limit values, the effectiv e operation of that equipment shall be 
monitored continuously and the results thereof recorded.  
Article 7 
Compliance check 
1. Member States shall set up a system of  environmental inspections of medium 
combustion plants, or implement other measures to check compliance with the requirements of this Directive. 
2. Operators of medium com bustion plants shall provide the representatives of the 
competent authority all necessary assistan ce to enable them to carry out any 
inspections and site visits, to take sample s and to gather any information necessary 
for the performance of their duties fo r the purposes of this Directive.  
3. Member States shall take the necessary measures to ensure that the periods of start-
up and shut-down of the medi um combustion plants and of  any malfunctions are kept  
EN 16   EN as short as possible. In ca se of a malfunction or a breakdown of secondary abatement 
equipment, the operator shall immediat ely inform the competent authority. 
4. In the event of non-compliance, Me mber States shall ensure that: 
(a) the operator immediately informs the competent authority; 
(b) the operator immediately takes the measures necessary to ensure that compliance is 
restored within the shortest possible time; 
(c) the competent authority requires the operato r to take any appropriate complementary 
measures that the competent authority c onsiders necessary to restore compliance; 
If compliance cannot be restored, the competen t authority shall suspen d the operation of the 
plant and withdraw its registration. 
Article 8 
Verification of monitoring results 
1. Member States shall ensure that no valid  value of emissions monitored in accordance 
with Annex IV, exceeds the emission limit values set out in Annex II. 
2. The operator of a medium combusti on plant shall keep the following: 
(a) without prejudice to Article 4( 5), the proof of notification to the competent authority; 
(b) the proof of registration by the competent authority; 
(c) the monitoring results referred to  in Article 6(3) and 6(4); 
(d) where applicable, the record of opera ting hours referred to in the second 
subparagraph of Article 5(2). 
(e) a record of the fuels used in the plant and of any malfunctions or breakdown of 
secondary abatement equipment. 
3. The data referred to in paragraph 2 shall be  kept at least for a period of ten years  
4. Data listed in paragraph 2 shall be ma de available to the competent authority upon 
request to verify compliance with th e requirements of this Directive. 
Article 9 
Changes to medium combustion plants 
1. The operator shall notify the competent au thority of any planned change to the 
medium combustion plant which would aff ect the applicable emission limit values. 
Such notification shall be provided at least one month before the change takes place. 
2. Upon notification from the operator in accordance with paragraph 1, the competent 
authority shall register any su ch change within one month.  
EN 17   EN Article 10 
Access to information 
Without prejudice to Directiv e 2003/4/EC of the European Pa rliament and of the Council24, 
the competent authority shall make available to the public, including via the Internet, the 
register of medium combustion plants. 
Article 11 
Competent authorities 
Member States shall designate the competent authorities responsible  for carrying out the 
obligations arising from this Directive.  
Article 12 
Reporting 
1. Member States shall, by [2 years after the date of transposition], report to the 
Commission a summary of the data listed in Annex I, with an estimate of the total annual emissions of sulphur dioxide, nitr ogen oxides and particulate matter from 
these plants, grouped by fuel type and capacity class. 
2. Member States shall send to the Commissi on a second and third report containing the 
update of the data referred  to in paragraph 1 by re spectively 1 October 2026 and 1 
October 2031. 
The reports drawn up under the first subp aragraph shall contain qualitative and 
quantitative information on the implementation of this Directive, any action taken to 
verify compliance of the operation of medium  combustion plants with this Directive 
and any enforcement action taken for the purposes thereof.  
3. For the purposes of the reporting referred to in paragraphs 1 and 2, the Commission 
shall make an electronic reporting to ol available to Member States. 
4. The Commission shall, within twelve mont hs from the receipt of the reports from 
Member States in accordance with para graphs 1 and 2, and taking into account 
information made available in accordance with Articles 5 (6), 5(7) and Article 10, 
submit a summary report to the European  Parliament and to the Council.  
5. The second summary report of the Commi ssion shall review the implementation of 
this Directive, with special regard to the need to establish the benchmark values laid 
down in Annex III as Union-wide emissi on limit values, and shall be accompanied 
by a legislative proposal  where appropriate. 
6. When carrying out its duties under paragr aphs 3 to 5, the Commission shall be 
assisted by the European Environment Agency. 
Article 13 
Amendment of Annexes 
The Commission shall be empowered to adopt delegated acts in accordance with Article 14 in 
order to adapt Annex IV to tech nical and scientific progress.  
                                                
 
24 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public 
access to environmental informati on (OJ L 41, 14.2.2003, p. 26).  
EN 18   EN Article 14 
Exercise of the delegation 
1. The power to adopt delegated acts is conferred on the Commission subject to the 
conditions laid down in  this Article.  
2. The power to adopt delegated acts referred to in Article 13 shall be conferred on the 
Commission for a period of fi ve years from [the date of entry into force]. The 
Commission shall draw up a report in respect of the delegation of power no later than 
nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identic al duration, unless the European Parliament 
or the Council opposes such extension not late r than four months before the end of 
each period. 
3. The delegation of power referred to in Ar ticle 13 may be revoked at any time by the 
European Parliament or by the Council. A decision of revocation shall put an end to 
the delegation of the power specified in th at decision. It shall take effect the day 
following the publication of the decision in the Official Journal of the European 
Union or at a later date specified therein. It  shall not affect the validity of any 
delegated acts alr eady in force.  
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council.  
5. A delegated act adopted pursu ant to Article 13 shall en ter into force only if no 
objection has been expressed either by th e European Parliament or the Council 
within a period of two months of notificati on of that act to the European Parliament 
and the Council or if, before the expiry of  that period, the European Parliament and 
the Council have both informed the Commi ssion that they will not object. That 
period shall be extended by two months at th e initiative of the European Parliament 
or of the Council. 
Article 15 
Penalties 
Member States shall lay down the rules on pena lties applicable to infringements of the 
national provisions adopted pursua nt to this Directive and shall take all measures necessary to 
ensure that they are implemented. The penalties provided for shall be e ffective, proportionate 
and dissuasive. Member States shall notify thos e provisions to the Commission by [the date of 
transposition] at the latest and shall notify it without dela y of any subsequent amendment 
affecting them. 
Article 16 
Transposition 
1. Member States shall bring into force the laws, regulations and administrative 
provisions necessary to comply  with this Directive by [dat e: 1,5 years after the entry 
into force] at the latest. They shall forthwith communicate to the Commission the 
text of those provisions. 
When Member States adopt those provisions,  they shall contain a reference to this 
Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determin e how such reference is to be made.  
EN 19   EN 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 17 
Entry into force 
This Directive shall enter into force on the twentieth day of its publication in the Official 
Journal of the European Union. 
Article 18 
Addressees 
This Directive is addressed to the Member States. 
Done at Brussels, 
For the European Parliament For the Council 
The President The President