1988L0609 — EN — 24.12.1994 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DIRECTIVE
of 24November 1988
on the limitation of emissions of certain pollutants into the air from large combustion plants
(88/609/EEC)
(OJ L 336, 7.12.1988, p. 1)
Amended by:
Official Journal
No page date
►M1 Council Directive 90/656/EEC of 4 December 1990 L 353 59 17.12.1990
►M2 Council Directive 94/66/EC of 15 December 1994 L 337 83 24.12.1994
▼B
COUNCIL DIRECTIVE
of 24November 1988
on the limitation of emissions of certain pollutants into the air from
large combustion plants
(88/609/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 130 s thereof,
Having regard to the proposals from the Commission (1),
Having regard to the opinions of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the 1973 (4), 1977 (5), 1983 (6) and 1987 (7) European Commu-
nities action programmes on the environment stress the importance ofthe reduction and prevention of atmospheric pollution;
Whereas in their resolution concerning the action programme on the
environment 1987 to 1992, the Council and the Representatives ofGovernments of the Member States meeting within the Councilemphasize the importance for Community action to concentrate as a
priority on the reduction at source of air pollution, inter alia by adopting
and implementing measures concerning emissions from large combus-tion plants;
Whereas, moreover, under Decision 81/462/EEC (
8), the Community
became a Party to the Convention on long-range transboundary airpollution;
Whereas Council Directive 84/360/EEC of 28 June 1984 on the
combating of air pollution from industrial plants (
9) provides for the
introduction of certain procedures and measures aiming to prevent orreduce air pollution from industrial plants, particularly those belongingto listed categories, among which are large combustion plants;
Whereas Article 8 of the same Directive 84/360/EEC stipulates that the
Council, acting unanimously on a proposal from the Commission shall,if necessary, fix emission limit values for new plants based on the best
available technology not entailing excessive costs and taking into
account the nature, quantities and harmfulness of the emissionsconcerned; whereas Article 13 thereof stipulates that Member Statesshall implement policies and strategies, including appropriate measures,for the gradual adaptation of existing plants belonging to listedcategories to the best available technology and taking various specified
matters into account;
Whereas the damage to the environment owing to air pollution makes it
urgent to reduce and control emissions from new and existing large
combustion plants and whereas to this end it is necessary to set overallobjectives for a gradual and staged reduction of total annual emissionsof sulphur dioxide and oxides of nitrogen from existing combustionplants and to fix emission limit values for sulphur dioxide, nitrogenoxides and dust in case of new plants, in accordance with the principle
set out in Article 8 of the Diretive 84/360/EEC;
Whereas such emission limit values for new plants will need to be
reviewed in the light of technological developments and the evolution of1988L0609 — EN — 24.12.1994 — 002.001 — 2
(1) OJ No C 49, 21. 2. 1984, p. 1 and OJ No C 76, 22. 3. 1985, p. 6.
(2) OJ No C 337, 17. 12. 1984, p. 446 and OJ No C 175, 15. 7. 1985, p. 297.
(3) OJ No C 25, 28. 1. 1985, p. 3.
(4) OJ No C 112, 20. 12. 1973, p. 1.
(5) OJ No C 139, 13. 6. 1977, p. 1.
(6) OJ No C 46, 17. 2. 1983, p. 1.
(7) OJ No C 328, 7. 12. 1987, p. 1.
(8) OJ No L 171, 27. 6. 1981, p. 11.
(9) OJ No L 188, 16. 7. 1984, p. 20.
▼B
environmental requirements, and the Commission will submit proposals
to this effect;
Whereas in establishing the overall annual emission ceilings for existing
large combustion plants due account has been taken of the need for
comparable effort, whilst making allowance for the specific situations ofMember States; whereas, in establishing the requirements for thereduction of emissions from new plants, due account has been taken ofparticular technical and economic constraints in order to avoid excessivecosts; whereas in the case of Spain there has been granted a temporary
and limited derogation from the full application of the emission limit
value of sulphur dioxide fixed for new plants, since that Member Stateconsiders it needs a particularly high amount of new generating capacityto allow for its energy and industrial growth,
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive shall apply to combustion plants, the rated thermal input
of which is equal to or greater than 50 MW, irrespective of the type of
fuel used (solid, liquid or gaseous).
Article 2
For the purpose of this Directive:
1. ‘emission’ means: the discharge of substances from the combustion
plant into the air;
2. ‘waste gases’ means: gaseous discharges containing solid, liquid or
gaseous emissions; their volumetric flow rates shall be expressed in
cubic metres per hour at standard temperature (273 K) and pressure(101,3 kPa) after correction for the water vapour content, hereinafterreferred to as (Nm
3h);
3. ‘emission limit value’ means: the permissible quantity of a
substance contained in the waste gases from the combustion plantwhich may be discharged into the air during a given period; it shallbe calculated in terms of mass per volume of the waste gasesexpressed in mg/Nm
3, assuming an oxygen content by volume in the
waste gas of 3 % in the case of liquid and gaseous fuels and 6 % in
the case of solid fuels;
4. ‘rate of desulphurization’ means: the ratio of the quantity of sulphur
which is separated out at the combustion plant site over a givenperiod by processes especially designed for this purpose, to the
quantity of sulphur contained in the fuel which is introduced into the
combustion plant facilities and which is used over the same period;
5. ‘operator’ means: any natural or legal person who operates the
combustion plant, or who has or has been delegated decisive
economic power over it;
6. ‘fuel’ means: any solid, liquid or gaseous combustible material used
to fire the combustion plant, with the exception of domestic refuse
and toxic or dangerous waste;
7. ‘combustion plant’ means: any technical appartus in which fuels are
oxidized in order to use the heat thus generated.
This Directive shall apply only to combustion plants designed for
production of energy with the exception of those which make directuse of the products of combustion in manufacturing processes.
In particular, this Directive shall not apply to the following plants:
— plants in which the products of combustion are used for the
direct heating, drying, or any other treatment of objects ormaterials e.g. reheating furnaces, furnaces for heat treatment.
— post-combustion plants i.e. any technical apparatus designed to
purify the waste gases by combustion which is not operated as an
independent combustion plant,
— facilities for the regeneration of catalytic cracking catalysts,1988L0609 — EN — 24.12.1994 — 002.001 — 3
▼B
— facilities for the conversion of hydrogen sulphide into sulphur,
— reactors used in the chemical industry,— coke battery furnaces,
— cowpers.
Plants powered by diesel, petrol and gas engines or by gas turbines,
irrespective of the fuel used, shall not be covered by this Directive.
Where two or more separate new plants are installed in such a way
that, taking technical and economic factors into account, their wastegases could, in the judgment of the competent authorities, be
discharged through a common stack, the combination formed by
such plants is to be regarded as a single unit.
8. ‘multi-fuel firing unit’ means: any combustion plant which may be
fired simultaneously or alternately by two or more types of fuel;
9. ‘new plant’ menas: any combustion plant for which the original
construction licence or, in the absence of such a procedure, theoriginal operating licence was granted on or after ►
M11 July
1990◄;
10. ‘existing plant’ means: any combustion plant for which the original
construction licence or, in the absence of such a procedure, theoriginal operating licence was granted before ►
M11 July
1990◄.
Article 3
1. Not later than ►M11 July 1992 ◄, the Member States shall
draw up appropriate programmes for the progressive reduction of totalannual emissions from existing plants. The programmes shall set out thetimetables and the implementing procedures.
2. The programmes shall be drawn up and implemented with the aim
of complying, through the appropriate limitation of emissions, at least
with the emission ceilings and with the corresponding percentage
reductions laid down for sulphur dioxide in Annex I, columns 1 to 6 andfor oxides of nitrogen in Annex II, columns 1 to 4 by the dates specifiedin those Annexes.
3. When the programmes are being carried out, Member States shall
also determine the total annual emissions in accordance with Annex IX,point C.
4. In 1994 the Commission, on the basis of the summary reports
provided by the Member States pursuant to Article 16, shall make a
report to the Council on the implementation of the reductions referred toin this Article, accompanied where necessary by proposals for a revisionof the phase 3 reduction targets and/or date for sulphur dioxide and thephase 2 reduction targets and/or date for oxides of nitrogen. The Council
shall decide upon such proposals by unanimity.
5. If a substantial and unexpected change in energy demand or in the
availability of certain fuels or certain generating installations creates
serious technical difficulties for the implementation by a Member Stateof its programme drawn up under paragraph 1, the Commission at therequest of the Member State concerned, and taking into account theterms of the request, shall take a decision to modify, for that Member
State, the emission ceilings and/or the dates set out in Annexes I and II
and communicate its decision to the Council and to the Member States.
Any Member State may within three months refer the decision of the
Commission to the Council. The Council, acting by a qualified majority,may within three months take a different decision.
Article 4
1. Member States shall take appropriate measures to ensure that all
licences for the construction or, in the absence of such a procedure, forthe operation of new plants contain conditions relating to compliancewith the emission limit values fixed in Annexes III to VII in respect ofsulphur dioxide, oxides of nitrogen and dust.1988L0609 — EN — 24.12.1994 — 002.001 — 4
▼M2
However, Member States may provide that new plants having a retard
thermal input of not less than 50 megawatts and not more than 100megawatts and licensed before the deadline for incorporation of
Directive 94/66/EC (
1) into national law shall be obliged to comply
with the value set in Annex III by no later/than one year after thatdeadline.
2. Before 1 July 1995, and in the light of the state of technology and
environmental requirements, the Commission shall submit proposals forthe revision of the limit values applicable. The Council shall decideupon such proposals by unanimity.
3. Member States may require compliance with emission limit values
and time limits for implementation which are more stringent than thoseset out in paragraphs 1 and 2; they may include other pollutants, and
they may impose additional requirements or adaptation of plant to
technical progress.
Article 5
By way of derogation from Annex III:1. New plants, of a rated thermal input equal to or greater than 400 MW,
which do not operate more than 2 200 hours a year (rolling averageover a period of five years), shall be subject to a limit value for
sulphur dioxide emissions of 800 mg/Nm
3.
2. New plants which burn indigenous solid fuel, where the emission
limit value set for sulphur dioxide for such plants cannot be met,owing to the particular nature of the fuel, without using excessivelyexpensive technology, may exceed the limit values laid down inAnnex III.
Such plants shall at least achieve the rates of desulphurization laid
down in Annex VIII.
3. Until 31 December 1999, the Kingdom of Spain may authorize new
power plants with a rated thermal input equal to or greater than 500MW burning indigenous or imported solid fuels, commissioned
before the end of 2005 and complying with the following
requirements:
— in the case of imported solid fuels, a sulphur dioxide emission
limit value of 800 mg/Nm
3,
— in the case of indigenous solid fuels, at least a 60 % rate of
desulphurization,
provided that the total authorized capacity of such plants to which
this derogation applies does not exceed:
— 2 000 MWe in the case of plants burning indigenous solid fuels,
— in the case of plants burning imported solid fuels either 7 500
MWe or 50 % of all the new capacity of all plants burning solidfuels authorized up to 31 December 1999, whichever is the lower.
Article 6
Member States may authorize plants burning indigenous lignite to
exceed the emission limit values fixed in accordance with Article 4 if,
notwithstanding the application of best available technology notentailing excessive costs, major difficulties connected with the natureof the lignite so require and provided that lignite is an essential source offuel for the plants.
The Commission shall immediately be informed of such cases, which
shall be the subject of consultation with the Commission on theappropriate measures to be taken.1988L0609 — EN — 24.12.1994 — 002.001 — 5
(1) OJ No L 337, 24. 12. 1994, p. 83.▼B
▼B
Article 7
In order to ensure compliance with the emission limit values for oxides
of nitrogen in Annex VI, the licences referred to in Article 4 (1) mayrequire, inter alia , appropriate design specifications.
In the event that monitoring reveals that due to unforeseen reasons, the
emission limit value is not being complied with, the competent authority
shall require the operator to take all appropriate primary measures toachieve compliance as soon as possible and in any case within one year.The Commission shall immediately be informed of such cases and of theresults of the remedial measures taken.
The provisions of this Article shall be reviewed on the basis of a
proposal from the Commission to be submitted to the Council at thesame time as the proposals referred to in Article 4 (2).
Article 8
1. Member States shall ensure that provision is made in the licences
referred to in Article 4 (1) for procedures relating to malfunction orbreakdown of the abatement equipment. In case of a breakdown thecompetent authority shall be notified without delay and shall decide
upon the appropriate action. The competent authority shall in particular
require the operator to reduce or close down operations as soon aspracticable and until normal operations can be restored, or to operate theplant using low polluting fuels, except in cases where, in the judgementof the competent authority, there is an overriding need to maintain
electricity supplies. It shall in particular ensure that the operator takes all
the necessary steps to recommission the abatement equipment as soon aspossible.
2. The competent authority may allow a suspension for a maximum
of six months from the obligation to comply with the emission limit
values provided for in Article 4 for sulphur dioxide in respect of a plantwhich to this end normally uses low-sulphur fuel, in cases where theoperator is unable to comply with these limit values because of aninterruption in the supply of low-sulphur fuel resulting from a seriousshortage.
3. The competent authority may allow a derogation from the
obligation to comply with the emission limit values provided for inArticle 4 in cases where a plant which normally uses only gaseous fuel,and which would otherwise need to be equipped with a waste gas
purification facility, has to resort exceptionally, and for a short period, to
the use of other fuels because of a sudden interruption in the supply ofgas. The competent autority shall immediately be informed of eachspecific case as it arises.
4. Member States shall inform the Commission immediately of the
cases referred to in this Article.
Article 9
1. For the purpose of granting the licence referred to in Article 4 (1)
for a new plant with a multi-fuel firing unit involving the simultaneoususe of two or more fuels, the competent authorities shall set the emissionlimit values as follows:
— firstly by taking the emission limit value relevant for each individual
fuel and pollutant corresponding to the rated thermal input of thecombustion plant as given in Annexes III to VII,
— secondly by determining fuel-weighted emission limit values, which
are obtained by multiplying the above individual emission limitvalue by the thermal input delivered by each fuel, the product ofmultiplication being divided by the sum of the thermal inputsdelivered by all fuels,
— thirdly by aggregating the fuel-weighted limit values.
2. In multi-firing units using the distillation and conversion residues
from crude-oil refining for own consumption, alone or with other fuels,the provisions for the fuel with the highest emission limit value1988L0609 — EN — 24.12.1994 — 002.001 — 6
▼B
(determinative fuel) shall apply, notwithstanding paragraph 1 above, if
during the operation of the combustion plant the proportion contributedby that fuel to the sum of the thermal inputs delivered by all fuels is at
least 50 %.
Where the proportion of the determinative fuel is lower than 50 %, the
emission limit value is determined on a pro rata basis of the heat input
supplied by the individual fuels in relation to the sum of the thermalinputs delivered by all fuels as follows:
— firstly by taking the emission limit value relevant for each individual
fuel and pollutant corresponding to the rated heat input of the
combustion plant as given in Annexes III to VII,
— secondly by calculating the emission limit value of the determinative
fuel (fuel with the highest emission limit value according to AnnexesIII to VII and, in the case of two fuels having the same emission limitvalue, the fuel with the higher thermal input); this value is obtainedby multiplying the emission limit value laid down in Annexes III toVII for that fuel by a factor of two, and subracting from this product
the emission limit value of the fuel with the lowest emission limit
value,
— thirdly by determining the fuel-weighted emission limit values,
which are obtained by multiplying the calculated fuel emission limitvalue by the thermal input of the determinative fuel and the otherindividual emission limit values by the thermal input delivered by
each fuel, the product of multiplication being divided by the sum of
the thermal inputs delivered by all fuels,
— fourthly by aggregating the fuel-weighted emission limit values.
3. As an alternative to paragraph 2, an emission limit value for
sulphur dioxide of 1 000 mg/Nm
3can be applied, averaged over all new
plants of the refinery and irrespective of the fuel combinations used.
The competent authorities shall ensure that the application of this
provision does not lead to an increase in emissions from existing plants.
4. For the purpose of granting the licence referred to in Article 4 (1)
for a new plant with a multi-fuel firing unit involving the alternate use of
two or more fuels, the emission limit values set in Annexes III to VII
corresponding to each fuel used shall apply.
Article 10
Waste gases from combustion plants shall be discharged in controlled
fashion by means of a stack.
The licence referred to in Article 4 (1) shall lay down the discharge
conditions. The competent authority shall in particular ensure that thestack height is calculated in such a way as to safeguard health and theenvironment.
Article 11
Where a combustion plant is extended by at least 50 MW, the emission
limit value to be applied to the new part of the plant shall be fixed inrelation to the thermal capacity of the entire plant. This provision shallnot apply in the cases referred to in Article 9 (2) and (3).
Article 12
In the case of construction of combustion plants which are likely to have
significant effects on the environment in another Member State, the
Member States shall ensure that all appropriate information andconsultation takes place, in accordance with Article 7 of CouncilDirective 85/337/EEC of 27 June 1985 on the assessment of the effectsof certain public and private projects on the environment. (
1)1988L0609 — EN — 24.12.1994 — 002.001 — 7
(1) OJ No L 175, 5. 7. 1985, p. 40.
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Article 13
1. Member States shall take the necessary measures to ensure the
monitoring, in accordance with Annex IX, of emissions from thecombustion plants covered by this Directive and of all other values
required for the implementation of this Directive. Member States may
require that such monitoring shall be carried out at the operator'sexpense.
2. The measuring methods and/or equipment used in order to
determine the concentrations of sulphur dioxide, dust, oxides of nitrogenand oxygen and the other values required in order to monitorimplementation of this Directive, and all other equipment used in order
to evaluate the results, shall correspond to the best industrial
measurement technology and shall provide reproducible and comparableresults.
The determination methods must be approved by the competent
authorities.
3. The competent authorities shall make available information
relating to the performance criteria for measuring, calibration anddata-handling equipment or methods used to this end and shall forwardthis information to the Commission.
Article 14
The Member States shall take appropriate measures to ensure that the
operator informs the competent authorities within reasonable time limitsabout the results of the continuous measurements, the checking of the
measuring equipment, and the individual measurements and about all
other measurements carried out in order to assess compliance with thisDirective.
Article 15
1. In the event of continuous measurements, the emission limit values
set out in Annexes III to VII shall be regarded as having been compliedwith if the evaluation of the results indicates, for operating hours withina calendar year, that:
a) none of the calendar monthly mean values exceeds the emission limit
values; and
b) in the case of:
— sulphur dioxide and dust: 97 % of all the 48 hourly mean values
do not exceed 110 % of the emission limit values,
— oxides of nitrogen: 95 % of all the 48 hourly mean values do not
exceed 110 % of the emission limit values.
The periods referred to in Article 8 as well as start up and shut down
periods shall be disregarded.
2. In cases where only discontinuous measurements or other
appropriate procedures for determination are required, the emissionlimit values set out in Annexes III to VII shall be regarded as havingbeen complied with if the results of each of the series of measurementsor of the other procedures defined and determined according to the rules
laid down by the competent authorities do not exceed the emission limit
values.
3. In the cases referred to in Article 5 (2) and (3), the rates of
desulphurization shall be regarded as having been complied with if theevalutation of measurements carried out pursuant to Annex IX, pointA.2, indicates that all of the calendar monthly mean values or all of therolling monthly mean values achieve the required desulphurization rates.
The periods referred to in Article 8 as well as start up and shut down
periods shall be disregarded.1988L0609 — EN — 24.12.1994 — 002.001 — 8
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Article 16
1. Member States shall, not later than 31 December 1990, inform the
Commission of the programmes drawn up in accordance with Article 3
(1).
At the latest one year after the end of the different phases for reduction
of emissions from existing plants the Member States shall forward to theCommission a summary report on the results of the implementation ofthe programmes.
An intermediate report is required as well in the middle of each phase.2. The reports referred to in paragraph 1 shall provide an overall
view:
— of all the combustion plants covered by this Directive,
— of emissions of sulphur dioxide, and oxides of nitrogen expressed in
tonnes per annum and as concentrations of these substances in the
waste gases,
— of measures already taken or envisaged with a view to reducing
emissions, and of changes in the choice of fuel used,
— of changes in the method of operation already made or envisaged,
— of definitive closures of combustion plants already effected or
envisaged,
— and, where appropriate, of the emission limit values imposed in the
programmes in respect of existing plants.
When determining the annual emissions and concentrations of pollutants
in the waste gases, Member States shall take account of the provisions ofArticles 13, 14 and 15.
3. The Commission shall organize regular comparisons of the
programmes referred to in Article 3 (1) with the Member States inorder to ensure harmonized implementation of the programmes atCommunity level.
The Commission shall take particular care to ensure that the
implementation of the programmes produces the expected results in
terms of the overall reduction in emissions and shall, if necessary, makeappropriate proposals.
4. Member States applying Article 5 will report thereon annually to
the Commission.
Article 17
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary for them to comply with thisDirective no later than 30 June 1990. They shall forthwith inform the
Commission thereof.
2. Member States shall communicate to the Commission the texts of
the provisions of national law which they adopt in the field governed bythis Directive.
Article 18
This Directive is addressed to the Member States.1988L0609 — EN — 24.12.1994 — 002.001 — 9
ANNEX I
CEILINGS AND REDUCTION TARGETS FOR EMISSIONS OF SO2FROM EXISTING PLANTS (1)(2)
Member State123456789
0Emission ceiling
(ktonnes/year)% reduction over 1980 emissions % reduction over adjusted 1980 emissions
SO2emissions by large
combustion plants 1980Phase 1 Phase 2 Phase 3 Phase 1 Phase 2 Phase 3 Phase 1 Phase 2 Phase 3
1993 1998 2003 1993 1998 2003 1993 1998 2003
Belgium 530 318 212 159 − 40 − 60 − 70 − 40 − 60 − 70
Denmark 323 213 141 106 − 34 − 56 − 67 − 40 − 60 − 70
Germany 5 000 3 000 (3) 2 000 1 500 − 40 (3)− 6 0 − 7 0 (3)——
Greece 303 320 320 320 + 6 + 6 + 6 − 45 − 45 − 45
Spain 2 290 2 290 1 730 1 440 0 − 24 − 37 − 21 − 40 − 50
France 1 910 1 146 764 573 − 40 − 60 − 70 − 40 − 60 − 70
Ireland 99 124 124 124 + 25 + 25 + 25 − 29 − 29 − 29
Italy 2 450 1 800 1 500 900 − 27 − 39 − 63 − 40 − 50 − 70
Luxembourg 3 1,8 1,5 1,5 − 40 − 50 − 60 − 40 − 50 − 50
Netherlands 299 180 120 90 − 40 − 60 − 70 − 40 − 60 − 70
Portugal 115 232 270 206 + 102 + 135 + 79 − 25 − 13 − 34
United Kingdom 3 883 3 106 2 330 1 553 − 20 − 40 − 60 − 20 − 40 − 60
(1) Additional emissions may arise from capacity authorized on or after 1 July 1987.
(2) Emissions coming from combustion plants authorized before 1 July 1987 but not yet in operation before that date and which have not been taken into acco unt in establishing the emission ceilings fixed by this Annex shall either
comply with the requirements established by this Directive for new plants or be accounted for in the overall emissions from existing plants that must n ot exceed the ceilings fixed in this Annex.
►M1(3) Germany must comply with the value shown under this heading from 1 January 1996 onwards. ◄▼B1988L0609 — EN — 24.12.1994 — 002.001 — 10▼M1
▼B
ANNEX II
CEILINGS AND REDUCTION TARGETS FOR EMISSIONS OF NOxFROM EXISTING PLANTS (1)(2)
Member State0 123456
NOxemission (as NO2by large
plants 1980
(ktonnes/year)NOxemission ceiling
(ktonnes/year)% reduction over 1980 emissions % reduction over adjusted 1980 emissions
Phase 1 Phase 2 Phase 1 Phase 2 Phase 1 Phase 2
1993 (3) 1998 1993 (3) 1998 1993 (3) 1998
Belgium 110 88 66 − 20 − 40 − 20 − 40
Denmark 124 121 81 − 3 − 35 − 10 − 40
Germany 1 090 872 (4) 654 − 20 − 40 — —
Greece 36 70 70 + 94 + 94 0 0
Spain 366 368 277 + 1 − 24 − 20 − 40
France 400 320 240 − 20 − 40 − 20 − 40
Ireland 28 50 50 + 79 + 79 0 0
Italy 580 570 428 − 2 − 26 − 20 − 40
Luxembourg 3 2,4 1,8 − 20 − 40 − 20 − 40
Netherlands 122 98 73 − 20 − 40 − 20 − 40
Portugal 23 59 64 + 157 + 178 − 8 0
United Kingdom 1 016 864 711 − 15 − 30 − 15 − 30
(1) Additional emissions may arise from capacity authorized on or after 1 July 1987.
(2) Emissions coming from combustion plants authorized before 1 July 1987 but not yet in operation before that date and which have not been taken into acco unt in establishing the emission ceilings fixed by this Annex shall either
comply with the requirements established by this Directive for new plants or be accounted for in the overall emissions from existing plants that must n ot exceed the ceilings fixed in this Annex.
(3) Member States may for technical reasons delay for up to two years the phase 1 date for reduction in NOxemissions by notifying the Commission within one month of the notification of this Directive.
►M1(4) Germany must comply with the value shown under this heading from 1 January 1996 onwards. ◄▼B1988L0609 — EN — 24.12.1994 — 002.001 — 11▼M1
▼B
▼M2
ANNEX III
1988L0609 — EN — 24.12.1994 — 002.001 — 12
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ANNEX IV
1988L0609 — EN — 24.12.1994 — 002.001 — 13
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ANNEX V
EMISSION LIMIT VALUES FOR SO2FOR NEW PLANTS
Gaseous fuels
Type of fuel Limit values (mg/Nm3)
Gaseous fuels in general 35
Liquefied gas 5Low calorific gases from gasification of refinery residues, coke
oven gas, blast-furnace gas800
Gas from gasification of coal (
1)
(1) The Council will fix the emission limit values applicable to such gas at a later stage on the basis of proposals from
the Commission to be made in the light of further technical experience.1988L0609 — EN — 24.12.1994 — 002.001 — 14
▼B
ANNEX VI
EMISSION LIMIT VALUES FOR NOxFOR NEW PLANTS
Type of fuel Limit values (mg/Nm3)
Solid in general 650
Solid with less than 10 % volatile compounds 1 300Liquid 450
Gaseous 3501988L0609 — EN — 24.12.1994 — 002.001 — 15
▼B
ANNEX VII
EMISSION LIMIT VALUES FOR DUST FOR NEW PLANTS
Type of fuel Thermal capacity (MW) Emission limit values (mg/Nm3)
Solid≥500 50
< 500 100
Liquid (1) all plants 50
Gaseous all plants5 as a rule
10 for blast furnace gas
50 for gases produced by the steel industry
which can be used elsewhere
(1) A limit value of 100 mg/Nm3may be applied to plants with a capacity of less than 500 MWth burning liquid fuel
with an ash content of more than 0,06 %.1988L0609 — EN — 24.12.1994 — 002.001 — 16
▼B
ANNEX VIII
1988L0609 — EN — 24.12.1994 — 002.001 — 17
▼B
ANNEX IX
METHODS OF MEASUREMENT OF EMISSIONS
A.Procedures for measuring and evaluating emissions from new plants
1. Concentrations of SO2, dust, NOxand oxygen shall be measured
continuously in the case of new plants with a rated thermal input of
more than 300 MW. However, monitoring of SO2and dust may be
confined to discontinuous measurements or other appropriate determina-
tion procedures in cases where such measurements or procedures, which
must be verified and approved by the competent authorities, may be used
to obtain concentration.
In the case of plants not covered by the first subparagraph, the competent
authorities may require continuous measurements of those three pollutants
and of oxygen to be carried out where considered necessary. Where
continuous measurements are not required, discontinuous measurements or
appropriate determination procedures as approved by the competent
authorities shall be used regularly to evaluate the quantity of the
abovementioned substances present in the emissions.
2. In the case of plants which must comply with the desulphurization rates
fixed by Article 5 (2) and (3), the requirements concerning SO2emission
measurements established under paragraph 1 shall apply. Moreover, the
sulphur content of the fuel which is introduced into the combustion plant
facilities must be regularly monitored.
3. The competent authorities shall be informed of substantial changes in the
type of fuel used or in the mode of operation of the plant. They shall
decide whether the monitoring requirements laid down in paragraph 1 are
still adequate or require adaptation.
4. Continuously-operating measuring systems shall be checked at regular
intervals in consultation with the competent authorities. The instruments
for the measurement of concentrations of SO2, dust, NOxand oxygen shall
undergo basic calibrationn and an examination of their operation at
appropriate regular intervals. The continuously-operating measuring
equipment shall be calibrated in accordance with a reference measuring
method approved by the competent authority.
B.Determination of total annual emissions of new plants
The competent authorities shall obtain determination of the total annual
emissions of SO2and NOx. When continuous monitoring is used, the operator
of the combustion plant shall add up separately for each pollutant the mass of
pollutant emitted each day, on the basis of the volumetric flow rates of waste
gases. Where continuous monitoring is not in use, estimates of the total annual
emissions shall be determined by the operator on the basis of paragraph A.1 to
the satisfaction of the competent authorities.
Member States shall communicate to the Commission the total annual SO2and NOxemissions of new combustion plants at the same time as the
communication required under paragraph C.3 concerning the total annual
emissions of existing plants.
C.Determination of the total annual emissions of existing plants
1. Member States shall establish, starting in 1990 and for each subsequent
year, a complete emission inventory for existing plants covering SO2and
NOx:
— on a plant by plant basis for plants above 300 MWth and for refineries;
— on an overall basis for other combustion plants to which this Directive
applies.
2. The methodology used for these inventories shall be consistent with that
used to determine SO2and NOxemissions from combustion plants in 1980.
By 1990 Member States shall inform the Commission of full details of
methods and base data used for establishing the emissions of SO2and NOxfrom existing combustion plants, referred to respectively in Annexes I andII, column 0.
3. The results of this inventory shall be communicated to the Commission in
a conveniently aggregated form within nine months from the end of the
year considered.
The methodology used for establishing such emission inventories and the
detailed base information shall be made available to the Commission at its
request.1988L0609 — EN — 24.12.1994 — 002.001 — 18
▼B
4. The Commission shall organize a systematic comparison of such national
inventories and, if appropriate, shall present proposals to the Council
aiming at harmonizing emission inventory methodologies, for the needs of
an effective implementation of this Directive.1988L0609 — EN — 24.12.1994 — 002.001 — 19