# Commission Decision of 17 January 2014 on the notification by the Slovak Republic of a transitional national plan referred            to in Article 32 of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (notified under            document C(2014) 59) (Only the Slovak text is authentic) (2014/25/EU)         

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U.K.

# Commission Decision

# of 17 January 2014

# on the notification by the Slovak Republic of a transitional national plan referred to in Article 32 of Directive 2010/75/EU                        of the European Parliament and of the Council on industrial emissions                     

# (notified under document C(2014) 59)

# (Only the Slovak text is authentic)

# (2014/25/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions                           (integrated pollution prevention and control)(1), and in particular Article 32(5), second subparagraph thereof,                        

Whereas:

(1)In accordance with Article 32(5) first subparagraph of Directive 2010/75/EU, the Slovak Republic submitted to the Commission                              its transitional national plan (TNP) on 8 January 2013(2).

(2)During the assessment of the completeness of the TNP, the Commission found some inconsistencies between the list of plants                              included in the TNP and those reported by the Slovak Republic in its emission inventory for 2009 under Directive 2001/80/EC                              of the European Parliament and of the Council(3).

(3)By letter of 12 June 2013(4), the Commission requested the Slovak authorities to confirm that the aggregation rules set out in Article 29 of Directive                              2010/75/EU and the definition of ‘operating hours’ set out in Article 3(27) of Directive 2010/75/EU had been applied correctly.                              The Commission also asked to provide additional data, in particular clarification about any inconsistencies between the TNP                              and the emission inventory under Directive 2001/80/EC.

(4)The Slovak Republic submitted additional information by letter of 27 June 2013(5).

(5)Based on the analysis of the updated information, the Commission, by letter of 23 July 2013(6), requested the Slovak authorities to confirm that none of the plants that benefited from a derogation under Article 4(4)                              of Directive 2001/80/EC was included in the TNP. The Commission also requested the Slovak authorities to verify a number of                              emission limit values used for the calculations and to provide evidence that the criteria justifying their application were                              met.

(6)By letter of 16 August 2013(7), the Slovak Republic informed the Commission that two plants had been removed from the TNP. For the plant ‘U.S. Steel Košice,                              s.r.o., boilers K1-K5’, the Slovak Republic clarified that, although part of the plant had been subject to the derogation                              under Article 4(4) of Directive 2001/80/EC during a number of years, that part had been rebuilt in 2010. The Slovak Republic                              argued that this plant could therefore be included in the TNP. The Slovak Republic also provided a number of corrected emission                              limit values, but for two plants no justification was provided for using specific emission limit values.

(7)By letter of 27 September 2013(8), the Commission informed the Slovak Republic that, according to Article 32(1)(d) of Directive 2010/75/EU, and based on the                              information provided, the plant ‘U.S. Steel Košice, s.r.o., boilers K1-K5’, part of which had applied the derogation under                              Article 4(4) of Directive 2001/80/EC, could not be included in the TNP. The Commission also requested the Slovak authorities                              to provide additional information concerning the ash content of the liquid fuel fired in two plants for which an emission                              limit value for dust of 100 mg/Nm3 had been applied.

(8)By letter of 30 September 2013(9), the Slovak Republic informed the Commission that the emission limit value for dust used for the two plants had been reduced                              to 50 mg/Nm3. The Slovak Republic provided additional information to support the argument that the plant ‘U.S. Steel Košice, s.r.o., boilers                              K1-K5’ would not fall under Article 32(1)(d) of Directive 2010/75/EU and could be included in the TNP.

(9)Following a meeting between the Slovak authorities and representatives of the Commission on 11 October 2013, the Slovak Republic,                              by letter of 17 October 2013(10) further clarified the situation of the plant ‘U.S. Steel Košice, s.r.o., boilers K1-K5’, by specifying that only one boiler                              had been applying the derogation under Article 4(4) of Directive 2001/80/EC and by providing a detailed technical description                              of all changes introduced for that boiler during its reconstruction in 2010. This made clear that in 2010 an entirely new                              boiler had been constructed within the plant ‘U.S. Steel Košice, s.r.o., boilers K1-K5’ following the complete dismantling                              and replacement of the boiler that had previously been subject to the derogation under Article 4(4) of Directive 2001/80/EC.                              This means that the plant concerned does not fall under Article 32(1)(d) of Directive 2010/75/EU and can be included in the                              TNP, in conformity with Commission Implementing Decision 2012/115/EU(11).

(10)The TNP has been assessed by the Commission in accordance with Article 32(1), (3) and (4) of Directive 2010/75/EU and with                              Implementing Decision 2012/115/EU.

(11)In particular, the Commission has examined the consistency and correctness of the data, assumptions and calculations used                              for determining the contributions of each of the combustion plants covered by the TNP to the emission ceilings set out in                              the TNP, and has analysed whether it contains objectives and related targets, measures and timetables for reaching these objectives                              and a monitoring mechanism to assess future compliance.

(12)Further to the additional information submitted, the Commission found that the emission ceilings for the years 2016 and 2019                              were calculated using the appropriate data and formulae and that the calculations were correct. The Slovak Republic has provided                              sufficient information regarding the measures that will be implemented in order to achieve the emission ceilings, the monitoring                              and the reporting to the Commission on the implementation of the TNP.

(13)The Commission is satisfied that the Slovak authorities have taken into consideration the provisions listed in Article 32(1),                              (3) and (4) of Directive 2010/75/EU and in Implementing Decision 2012/115/EU.

(14)The implementation of the TNP should be without prejudice to other applicable national and Union law. In particular, by setting                              individual permit conditions for the combustion plants covered by the TNP, the Slovak Republic should ensure that compliance                              with the requirements set out in, inter alia, Directive 2010/75/EU, Directive 2008/50/EC of the European Parliament and of                              the Council(12) and Directive 2001/81/EC of the European Parliament and of the Council(13) is not jeopardised.

(15)Article 32(6) of Directive 2010/75/EU requires the Slovak Republic to inform the Commission of any subsequent changes to the                              TNP. The Commission should assess whether those changes comply with the provisions laid down in Article 32(1), (3) and (4)                              of Directive 2010/75/EU and in Implementing Decision 2012/115/EU.

HAS ADOPTED THIS DECISION:

# Article 1U.K.

1.On the basis of Article 32(1), (3) and (4) of Directive 2010/75/EU and of Implementing Decision 2012/115/EU, no objections                        are raised against the transitional national plan, which the Slovak Republic notified to the Commission on 8 January 2013                        pursuant to Article 32(5) of Directive 2010/75/EU, as amended in accordance with the additional information sent on 27 June                        2013, 16 August 2013, 30 September 2013 and 17 October 2013(14).                  

2.The list of plants covered by the transitional national plan, the pollutants for which those plants are covered, and the applicable                        emission ceilings are laid down in the Annex.                  

3.The implementation of the transitional national plan by the Slovak authorities shall not exempt the Slovak Republic from compliance                        with the provisions of Directive 2010/75/EU concerning the emissions from the individual combustion plants covered by the                        plan, and with other relevant bodies of the European Union environmental law.                  

# Article 2U.K.

The Commission shall assess if any subsequent changes to the transitional national plan, notified by the Slovak Republic in                     the future, comply with the provisions listed in Article 32(1), (3) and (4) of Directive 2010/75/EU and in Implementing Decision                     2012/115/EU.                  

# Article 3U.K.

This Decision is addressed to the Slovak Republic.

Done at Brussels, 17 January 2014.

*For the Commission*                            

Janez Potočnik                            

*Member of the Commission*                            

## ANNEXU.K.

### **List of plants included in the TNP**

### **Emission ceilings (tonnes)**

1

OJ L 334, 17.12.2010, p. 17.                           

2

The notification by the Slovak Republic was received by the Commission by e-mail on 9 January 2013, registered under reference                              number Ares(2013)25811. By letter of 9 January 2013 (registered under reference number Ares(2013)40113), the Commission received                              an explanation from the Slovak authorities that due to technical problems with the IT system at the end of 2012, the electronic                              version of the TNP could not be delivered to the Commission before 1 January 2013 but was resent immediately once the IT system                              was operational again.                           

3

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).                           

4

Ares(2013)1636798.

5

Ares(2013)2533608.

6

Ares(2013)2741492.

7

Ares(2013)3001466.

8

Ares(2013)3122053.

9

Ares(2013)3198587.

10

Ares(2013)3322372.

11

Commission Implementing Decision 2012/115/EU of 10 February 2012 laying down rules concerning the transitional national plans                              referred to in Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (OJ L 52, 24.2.2012, p. 12).                           

12

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).                           

13

Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain                              atmospheric pollutants (OJ L 309, 27.11.2001, p. 22).                           

14

The consolidated version of the TNP was registered by the Commission on 7 October 2013 under registration number Ares(2013)3198587.