# EUR-Lex - 52013PC0919 - EN

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# 52013PC0919

**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 /* COM/2013/0919 final - 2013/0442 (COD) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

General context –
Grounds for and 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 reviewing 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),
thereby completing the regulatory framework for the combustion sector also with
a view of increasing the synergies between 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 providing heat/steam for industrial processes, etc.)
and are an important source of emissions of sulphur dioxide, nitrogen oxides
and particulate matter. The approximate number of medium combustion plants in
the EU is 142,986.

The combustion of fuel in new small
combustion 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 framework for the setting of ecodesign requirements
for energy-related products[3].
Combustion of fuel in large combustion plants is controlled by Directive
2010/75/EU of the European Parliament and of the Council of 24 November 2010 on
industrial emissions (integrated 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 plants[5]
continuing to apply to existing large combustion plants until 31 December 2015.

Emissions of air pollutants from medium
combustion plants are generally not regulated at EU level, and it is therefore
appropriate to complement the existing legislation relating to combustion
plants with provisions for this category.

Consistency with
other policies and objectives of the Union

The present proposal is
part of the new framework of action in the field of air
quality in the EU, as set out in the revised EU Thematic Strategy on Air
Pollution, and is consistent with and reinforces the
Europe 2020 objectives on smart, inclusive and sustainable growth[6]. Care
is taken to safeguard the interests of SMEs along the "think small
first" principle.[7]

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

Consultation of
interested parties

Stakeholders
and the public were consulted through a series of formal and informal events,
including two online questionnaires, a Eurobarometer 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 administrative burden, which could become disproportionate, both for
operators and for competent 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 carried out at the end of 2011 with a view to broaden the information base
for the initial development of the policy options. An internet consultation ran
for 12 weeks from 10 December 2012 on the European Commission’s ‘Your voice in Europe’ web page. The consultation used two questionnaires, one short questionnaire aimed
for the general public, the second one longer and more articulated, including questions
on sources controls, targeting experts and stakeholders. A total of 1934
individuals answered from general public, while 371 responses were received
from experts and stakeholders. Out of those latter, about 40% agreed on the
necessity of regulating combustion plants below the 50MW threshold set in the
Industrial Emissions Directive (IED) at EU level, with 20% from business
representatives, 43% from individual experts, 48% from government
representatives and 55% from NGOs. Business and government representatives chose
a light permitting regime or registration regime, while about half of
individual experts 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 implementation 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)
failure to limit pollution from significant point sources or from products
(e.g. real world emissions), or (b) high background 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 pollution, 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 result 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
cost-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.

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 number of emission limit values set out for new plants in
the amended Gothenburg Protocol[9].
To limit the costs associated 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 meeting 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 have been taken on board: operators will not require a permit, but
need to notify the operation 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 has 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 minimum 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
Annexes of the proposal is provided below.

Article 1
makes it clear that the directive aims at reducing emissions to air of sulphur
dioxide, nitrogen oxides and particulate matter from medium combustion plants
and thereby reducing the potential risks to human 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 their use
in particular activities.

Article 3
lists the definitions applicable for 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 Annex 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)
requires Member States to apply more stringent emission limit values to
individual plants in zones 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.

Monitoring requirements are set out in Article
6 and Annex IV. This Annex is proposed to be adapted to technical and
scientific progress by means of delegated 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 particular, a provision is
introduced to require operators to immediately report on non-compliance to the
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. Furthermore, the proposal introduces requirements for Member States
to provide for a system of environmental 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 information and refers, for that purpose,
to Directive 2003/4/EC of the European Parliament and of the Council of 28
January 2003 on public access to environmental information and repealing
Council Directive 90/313/EEC [10].

Article 11
requires Member States to designate the 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 reports 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. Article 13 also lays down the Commission's reporting duties.

Article 14
lays down the applicable delegation procedure with a view to adapting Annex IV
to scientific and technical progress 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 pursuant to the proposal, on the
transposition by xx/xx/xx at the latest of the proposal 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 applicable for existing and new combustion plants,
in accordance with Article 5(2) and 5(3), respectively.

Annex III provides
for benchmark values for the application of more stringent 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 documents 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 Directive is essential to guarantee that its
objectives (i.e. protecting human health and the environment) are achieved. Given that certain Member States already regulate emissions
of air pollutants from medium combustion plants, the
transposition of this directive would probably not consist of one piece of
legislation, but would rather consist of various amendments or new proposals in
relevant fields. In addition, 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 respect 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 work on
this basis in any case. However, explanatory documents are necessary to allow
effective verification of complete and correct transposition, which is
essential for the reasons mentioned above, and there are no less burdensome
measures to allow efficient verification. Moreover, the explanatory documents
can contribute significantly to reducing the administrative burden of compliance
monitoring by the Commission; without them, considerable resources and numerous
contacts with national authorities would be required to track the methods of
transposition in all Member States. Hence, the possible additional
administrative burden of providing explanatory documents is proportionate to
the aim pursued, namely to ensure effective transposition and fully achieve the
objectives of the Directive.

In view of the above it is appropriate 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 Directive
and the corresponding parts of national transposition instruments.

Legal basis

As the primary objective
of the Directive is the protection of the environment, in accordance with
Article 191 TFEU, the proposal is based on Article 192(1) TFEU.320

Subsidiarity and proportionality principles and choice of instrument

The subsidiarity
principle applies insofar as the proposal does not fall under the exclusive
competence of the European Union.

The objectives of the
proposal cannot be sufficiently 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, emissions of air pollutants from medium combustion
plants are generally not regulated at EU level at the current stage. The major thrust of this proposal is to lay down
emission limit values to control emissions of sulphur dioxide, nitrogen oxides
and particulate 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
measures to comply with the minimum requirements; varying national regulation
might hamper transboundary 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 sufficient
flexibility to the Member States as regards the choice of measures for
compliance and their detailed implementation. The proposal therefore complies with
the proportionality principle.

4.           BUDGETARY IMPLICATION

The proposal has no implications for the EU
budget.

5.           OPTIONAL ELEMENTS

The proposal concerns a
matter relevant to the European Economic Area and should therefore be
applicable to it.

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)

THE EUROPEAN PARLIAMENT AND THE
COUNCIL 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
European Economic and Social Committee[11],

Having regard to the opinion of the
Committee of the Regions[12],

Acting in accordance with the ordinary
legislative procedure[13],

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,
ecosystems continue to suffer from excess nitrogen and sulphur deposition
associated with emissions from transport, unsustainable agricultural practices
and power generation.

(2)       In order to ensure a
healthy environment for all, the Action Programme calls for local measures to
be complemented with adequate policy at both national and Union level. It
requires in particular strengthening efforts 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 average lifetime loss for citizens of the Union due to air
pollution is of eight months.

(4)       Emissions of pollutants
from the combustion of fuel in medium combustion plants are generally not
regulated at Union level although they contribute increasingly to air 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 combustion plants and appliances can be covered by acts implementing
Directive 2009/125/EC of the European Parliament and of the Council of 21
October 2009 establishing a framework for the setting of ecodesign requirements
for energy-related products[15].
Combustion of fuel in large combustion plants is covered by Directive
2010/75/EU of the European Parliament and of the Council[16] from 7 January 2013,
while Directive 2001/80/EC of the European Parliament and of the Council[17] continues to apply to
large 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 2013[18]
on the reviews undertaken under Article 30(9) and Article 73 of Directive
2010/75/EU concluded that for the combustion of fuels in medium combustion
plants, 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 emissions of particulate matter are agreed under the
Gothenburg Protocol of the Convention 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 commitments for fine particulate matter (PM 2.5),
to be attained from 2020 onwards.

(8)       The Communication from the
Commission to the Council and the European Parliament "A Clean Air
Programme for Europe"[19] calls for action to
control emissions of air polluting substances from medium combustion plants,
thereby completing the regulatory framework for the combustion sector. The
Strategy completes the pollution reduction agenda for 2020 laid down in
Commission Communication of 21 September 2005 on the Thematic Strategy on Air
Pollution[20],
and develops impact reduction objectives for the period up to 2030. To achieve
the strategic objectives, a regulatory agenda should be established, including
measures to control emissions from medium combustion plants.

(9)       This Directive should not
apply to energy related products covered by implementing measures adopted in
accordance with Directive 2009/125/EC or by Chapter III or IV of Directive
2010/75/EU. Certain other combustion plants should also be exempted from the
scope of this Directive, on the basis 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 authority, based on notification by the
operator.

(11)     For the purposes of
controlling emissions into air from medium combustion plants, emission limit
values and requirements for monitoring should be set out in this Directive.

(12)     In order to provide
existing medium combustion plants with sufficient time to adapt technically to
the requirements of this Directive, 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 prevent Member States from maintaining or introducing more
stringent protective measures, for example for the purposes to comply with
environmental quality standards. In particular, in zones not complying with air
quality limit values, more stringent emission limit values, which would also
promote eco-innovation in the Union, 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 combustion 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 small and medium enterprises operating medium combustion plants, the
administrative obligations on operators for notifying, monitoring and reporting
should be proportionate, while still allowing effective compliance verification
by the competent authorities.

(16)     To ensure the consistency
and coherence of the Member State information on the implementation of this
Directive and promote exchange of information between Member States and the Commission, the Commission, assisted by the European Environment Agency, should
develop an electronic reporting tool also available for internal use by Member
States for national reporting and data management purposes.

(17)     In order to adapt to
scientific and technical progress, 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 Commission. It is of particular
importance that the Commission carry out appropriate consultations during its
preparatory work, including at expert level. The Commission, when preparing and
drawing up delegated acts, should ensure a simultaneous, timely and appropriate
transmission of relevant documents to the European Parliament and the Council.

(18)     Since the objectives of
this Directive, namely the improvement of environmental quality and human
health, cannot be sufficiently achieved by Member States, and can therefore be
better achieved at Union level, the Union 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 principle 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 Fundamental Rights of the European Union. In particular, this
Directive seeks to ensure the application of Article 37 on the environmental protection
of the Charter.

(20)     In accordance with the
Joint Political Declaration of Member States and the Commission of 28 September
2011 on explanatory documents[21],
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 emissions
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 health and the environment from such emissions.

Article 2
Scope

1.           This Directive shall apply
to combustion plants 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 covered 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 treatment of
objects or materials;

(d)
post-combustion plants designed to purify the
waste gases from industrial processes by combustion and which are not operated
as independent combustion plants;

(e)
any technical apparatus used in the propulsion
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:

(1)
‘emission’ means the discharge of substances from
the combustion plant into the air;

(2)
‘emission limit value’ means the permissible
quantity of a substance contained in the waste gases from the combustion plant
which may be discharged into the air during a given period;

(3)
‘nitrogen oxides’ (NOx) means nitric
oxide and nitrogen dioxide, expressed as nitrogen dioxide (NO2);

(4)
‘particulate matter’ means particles, of any
shape, structure or density, dispersed in the gas phase at the sampling point
conditions which may be collected by filtration under specified conditions
after representative sampling of the gas to be analysed, and which remain
upstream of the filter and on the filter after drying under specified
conditions;

(5)
‘combustion plant’ means any technical apparatus
in which fuels are oxidised in order to use the heat thus generated;

(6)
‘existing combustion plant’ means a combustion
plant put into operation 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 combustion
engine which operates according to the diesel cycle and uses compression
ignition to burn fuel;

(11)
‘dual fuel engine’ means an internal combustion
engine which uses compression ignition and operates according to the diesel
cycle when 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, and gas turbines in cogeneration mode, all with or without
supplementary firing;

(13)
‘fuel’ means any solid, liquid or gaseous
combustible material;

(14)
‘waste’ means any substance or object which the
holder discards or intends or is required to discard;

(15)
‘biomass’ means any of the following:

(a)
products consisting of any vegetable matter from
agriculture or forestry which can be used as a fuel for the purpose of
recovering its energy content;

(b)
the following waste:

(a)
vegetable waste from agriculture and forestry;

(b)
vegetable waste from the food processing
industry, if the heat generated is recovered;

(c)
fibrous vegetable waste from virgin pulp
production and from production of paper from pulp, if it is co-incinerated 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, expressed in
hours, during which a combustion plant is discharging emissions into the air;

(17)
‘operator’ means any natural or legal person who
operates or controls 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 basis
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 within 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 Council[23];

(19)
‘zone’ means
part of the territory of a Member 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 measures 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 operation or the intention to operate a medium combustion
plant.

3.           For each medium combustion
plant, the notification 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 operator and shall inform the operator thereof.

5.           Existing medium combustion
plants may be exempted from the notification obligation referred to in
paragraph 2 provided that all information referred to in paragraph 3 has been
made available 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 register held by the competent authorities shall at least include
the information listed in Annex I, as well as any information obtained through
the verification 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 values 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 year 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 from 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 which do not operate more than 500 operating hours per year from
compliance with the emission limit values set out in Part 2 of Annex II. In
that case, for plants firing solid fuels, an emission limit value for
particulate matter of 100 mg/Nm3 shall apply.

4.           In zones not complying
with EU air quality limit values laid down in Directive 2008/50/EC, Member
States shall apply, for individual medium combustion plants in those zones,
emission limit values based on the benchmark values laid down in Annex III or
on stricter values established by the Member States, unless it is demonstrated
to the Commission that applying such emission limit values would entail
disproportionate costs and that other measures ensuring compliance with the air
quality limit values have been included 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 for more stringent emission limit values referred to in paragraph
4.

6.           The competent authority
may grant a derogation 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 combustion 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.

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 resort 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 granted 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 Commission
immediately of any derogation granted under the first subparagraph.

8.           Where a medium combustion
plant simultaneously uses two or more fuels, the emission limit value for each
pollutant shall 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
referred to in point (a) by the thermal input delivered by each fuel, and
dividing the product of multiplication by the sum of the thermal inputs
delivered by all fuels;

(c)
aggregating the fuel-weighted emission limit
values.

Article 6
Monitoring of emissions and the operation of abatement equipment

1.           Member States shall ensure
that the operators 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 that is likely to result in the highest level of
emissions and during a period representing normal operating conditions.

3.           All monitoring results
shall be recorded, processed 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 secondary abatement equipment in order to meet the emission
limit values, the effective 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 combustion
plants shall provide the representatives of the competent authority all
necessary assistance to enable them to carry out any inspections and site
visits, to take samples and to gather any information necessary for the
performance of their duties for 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 medium combustion plants and of any malfunctions are kept as short as
possible. In case of a malfunction or a breakdown of secondary abatement
equipment, the operator shall immediately inform the competent authority.

4.           In the event of
non-compliance, Member 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 operator to
take any appropriate complementary measures that the competent authority
considers necessary to restore compliance;

If compliance cannot be restored, the
competent authority shall suspend 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 combustion
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 operating 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 made available to the competent authority upon request to verify
compliance with the requirements of this Directive.

Article 9
Changes to medium combustion plants

1.           The operator shall notify
the competent authority of any planned change to the medium combustion plant
which would affect 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 such change within one month.

Article 10
Access to information

Without prejudice to Directive 2003/4/EC of
the European Parliament and of the Council[24],
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, nitrogen oxides and particulate matter from these plants,
grouped by fuel type and capacity class.

2.           Member States shall send to
the Commission a second and third report containing the update of the data
referred to in paragraph 1 by respectively 1 October 2026 and 1 October 2031.

The reports drawn up under the first
subparagraph 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 tool available to Member States.

4.           The Commission shall, within
twelve months from the receipt of the reports from Member States in accordance
with paragraphs 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 Commission 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 emission limit values, and shall be accompanied by a legislative
proposal where appropriate.

6.           When carrying out its
duties under paragraphs 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
technical and scientific progress.

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 five 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 identical duration, unless the European
Parliament or the Council opposes such extension not later than four months
before the end of each period.

3.           The delegation of power
referred to in Article 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 that 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 already 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
pursuant to Article 13 shall enter into force only if no objection has been
expressed either by the European Parliament or the Council within a period of
two months of notification 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 Commission that they will not object. That
period shall be extended by two months at the initiative of the European
Parliament or of the Council.

Article 15
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 shall be effective, proportionate and
dissuasive. Member States shall notify those provisions to the Commission by [the
date of transposition] at the latest and shall notify it without delay 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 [date: 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
determine how such reference is to be made.

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

[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.

[8]               http://ec.europa.eu/environment/air/review_air_policy.htm

[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).

[10]             OJ L 41, 14.2.2003, p. 26.

[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 European 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...).

[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 requirements 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.

[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.)

[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).

[24]             Directive 2003/4/EC of the European Parliament and of
the Council of 28 January 2003 on public access to environmental information (OJ
L 41, 14.2.2003, p. 26).