2001L0080 — EN — 01.05.2004 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B 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)
Amended by:
Official Journal
No page date
►A1 Act concerning the conditions of accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,the Republic of Lithuania, the Republic of Hungary, the Republic of
Malta, the Republic of Poland, the Republic of Slovenia and the Slovak
Republic and the adjustments to the Treaties on which the EuropeanUnion is foundedL 236 33 23.9.2003
Corrected by:
►C1 Corrigendum, OJ L 319, 23.11.2002, p. 30 (2001/80/EC)
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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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 175(1) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the Opinion of the Economic and Social
Committee (2),
Having consulted the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of
the Treaty (3), in the light of the joint text approved by the Conciliation
Committee on 2 August 2001,
Whereas:
(1) Council Directive 88/609/EEC of 24 November 1988 on the
limitation of emissions of certain pollutants into the air from
large combustion plants (4) has contributed to the reduction and
control of atmospheric emissions from large combustion plants.It should be recast in the interests of clarity.
(2) The Fifth Environmental Action Programme (5) sets as objectives
that the critical loads and levels of certain acidifying pollutants
such as sulphur dioxide (SO2) and nitrogen oxides (NOx) should
not be exceeded at any time and, as regards air quality, that allpeople should be effectively protected against recognised healthrisks from air pollution.
(3) All Member States have signed the Gothenburg Protocol of 1
December 1999 to the 1979 Convention of the United Nations
Economic Commission for Europe (UNECE) on long-rangetransboundary air pollution to abate acidification, eutrophicationand ground-level ozone, which includes, inter alia , commitments
to reduce emissions of sulphur dioxide and oxides of nitrogen.
(4) The Commission has published a Communication on a Commu-
nity strategy to combat acidification in which the revision of
Directive 88/609/EEC was identified as being an integral compo-nent of that strategy with the long term aim of reducingemissions of sulphur dioxide and nitrogen oxides sufficiently tobring depositions and concentrations down to levels below thecritical loads and levels.
(5) In accordance with the principle of subsidiarity as set out inArticle 5 of the Treaty, the objective of reducing acidifyingemissions from large combustion plants cannot be sufficientlyachieved by the Member States acting individually and uncon-certed action offers no guarantee of achieving the desiredobjective; in view of the need to reduce acidifying emissions2001L0080 — EN — 01.05.2004 — 001.001 — 2
(1) OJ C 300, 29.9.1998, p. 6, OJ C 212 E, 25.7.2000, p. 36.
(2) OJ C 101, 12.4.1999, p. 55.
(3) Opinion of the European Parliament of 14 April 1999 (OJ C 219, 30.7.1999,
p. 175), Council Common Position of 9 November 2000 (OJ C 375,
28.12.2000, p. 12) and Decision of the European Parliament of 14 March
2001 (not yet published in the Official Journal). Decision of the EuropeanParliament of 20 September 2001 and Decision of the Council of 27
September 2001.
(
4) OJ L 336, 7.12.1988, p. 1. Directive as last amended by Council Directive
94/66/EC (OJ L 337, 24.12.1994, p. 83).
(5) OJ C 138, 17.5.1993, p. 1.
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across the Community, it is more effective to take action at
Community level.
(6) Existing large combustion plants are significant contributors toemissions of sulphur dioxide and nitrogen oxides in the Commu-nity and it is necessary to reduce these emissions. It is thereforenecessary to adapt the approach to the different characteristics ofthe large combustion plant sector in the Member States.
(7) Council Directive 96/61/EC of 24 September 1996 concerningintegrated pollution prevention and control (
1) sets out an inte-
grated approach to pollution prevention and control in which allthe aspects of an installation's environmental performance are
considered in an integrated manner; combustion installations
with a rated thermal input exceeding 50 MW are included withinthe scope of that Directive; pursuant to Article 15(3) of thatDirective an inventory of the principal emissions and sourcesresponsible is to be published every three years by the Commis-
sion on the basis of data supplied by the Member States.
Pursuant to Article 18 of that Directive, acting on a proposalfrom the Commission, the Council will set emission limit valuesin accordance with the procedures laid down in the Treaty forwhich the need for Community action has been identified, onthe basis, in particular, of the exchange of information provided
for in Article 16 of that Directive.
(8) Compliance with the emission limit values laid down by this
Directive should be regarded as a necessary but not sufficientcondition for compliance with the requirements of Directive 96/
61/EC regarding the use of best available techniques. Such
compliance may involve more stringent emission limit values,emission limit values for other substances and other media, andother appropriate conditions.
(9) Industrial experience in the implementation of techniques for thereduction of polluting emissions from large combustion plantshas been acquired over a period of 15 years.
(10) The Protocol on heavy metals to the UNECE Convention on
long-range transboundary air pollution recommends the adoption
of measures to reduce heavy metals emitted by certain installa-tions. It is known that benefits from reducing dust emissions bydust abatement equipment will provide benefits on reducingparticle−bound heavy metal emissions.
(11) Installations for the production of electricity represent an impor-tant part of the large combustion plant sector.
(12) Directive 96/92/EC of the European Parliament and of the
Council of 19 December 1996 concerning common rules for the
internal market in electricity (2) is intended inter alia to have the
effect of distributing new production capacity among new arri-vals in the sector.
(13) The Community is committed to a reduction of carbon dioxideemissions. Where it is feasible the combined production of heatand electricity represents a valuable opportunity for significantlyimproving overall efficiency in fuel use.
(14) A significant increase in the use of natural gas for producingelectricity is already underway and is likely to continue, in parti-cular through the use of gas turbines.
(15) In view of the increase in energy production from biomass,
specific emission standards for this fuel are justified.
(16) The Council Resolution of 24 February 1997 on a Community
strategy for waste management (3) emphasises the need for
promoting waste recovery and states that appropriate emission2001L0080 — EN — 01.05.2004 — 001.001 — 3
(1) OJ L 257, 10.10.1996, p. 26.
(2) OJ L 27, 30.1.1997, p. 20.
(3) OJ C 76, 11.3.1997, p. 1.
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standards should apply to the operation of facilities in which
waste is incinerated in order to ensure a high level of protectionfor the environment.
(17) Industrial experience has been gained concerning techniques and
equipment for the measurement of the principal pollutants
emitted by large combustion plants; the European Committeefor Standardisation (CEN) has undertaken work with the aim ofproviding a framework securing comparable measurement resultswithin the Community and guaranteeing a high level of quality
of such measurements.
(18) There is a need to improve knowledge concerning the emissionof the principal pollutants from large combustion plants. In order
to be genuinely representative of the level of pollution of aninstallation, such information should also be associated withknowledge concerning its energy consumption.
(19) This Directive is without prejudice to the time limits withinwhich the Member States must transpose and implement Direc-tive 88/609/EEC,
HAVE 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 offuel used (solid, liquid or gaseous).
Article 2
For the purpose of this Directive:
(1) ‘emission’ means the discharge of substances from the combus-
tion 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,hereinafter referred to as (Nm
3/h);
(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; itshall be 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, 6 %
in the case of solid fuels and 15 % in the case of gas turbines;
(4) ‘rate of desulphurisation’ means the ratio of the quantity of
sulphur which is not emitted into the air at the combustion plantsite over a given period to the quantity of sulphur contained in thefuel which is introduced into the combustion plant facilities andwhich 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 waste
covered by Council Directive 89/369/EEC of 8 June 1989 on theprevention of air pollution from new municipal waste incinerationplants (
1), Council Directive 89/429/EEC of 21 June 1989 on the
reduction of air pollution from existing municipal waste incinera-tion plants (
2), and Council Directive 94/67/EC of 16 December2001L0080 — EN — 01.05.2004 — 001.001 — 4
(1) OJ L 163, 14.6.1989, p. 32.
(2) OJ L 203, 15.7.1989, p. 50.
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1994 concerning the incineration of hazardous waste (1) or any
subsequent Community act repealing and replacing one or moreof these Directives;
(7) ‘combustion plant’ means any technical apparatus in which fuels
are oxidised 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
direct use of the products of combustion in manufacturingprocesses. In particular, this Directive shall not apply to thefollowing combustion plants:
(a) 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;
(b) post-combustion plants i.e. any technical apparatus designed
to purify the waste gases by combustion which is not operatedas an independent combustion plant;
(c) facilities for the regeneration of catalytic cracking catalysts;
(d) facilities for the conversion of hydrogen sulphide into sulphur;
(e) reactors used in the chemical industry;
(f) coke battery furnaces;
(g) cowpers;
(h) any technical apparatus used in the propulsion of a vehicle,
ship or aircraft;
(i) gas turbines used on offshore platforms;
(j) gas turbines licensed before 27 November 2002 or which in
the view of the competent authority are the subject of a full
request for a licence before 27 November 2002 provided thatthe plant is put into operation no later than 27 November 2003without prejudice to Article 7(1) and Annex VIII(A) and (B);
Plants powered by diesel, petrol and gas engines 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, theirwaste gases could, in the judgement of the competent authorities,
be discharged through a common stack, the combination formed
by such plants shall 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’ means 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 1 July 1987;
(10) ‘existing plant’ means any combustion plant for which the
original construction licence or, in the absence of such a proce-dure, the original operating licence was granted before 1 July1987;
(11) ‘biomass’ means products consisting of any whole or part of a
vegetable matter from agriculture or forestry which can be used
as a fuel for the purpose of recovering its energy content and the
following waste used as a fuel:
(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;2001L0080 — EN — 01.05.2004 — 001.001 — 5
(1) OJ L 365, 31.12.1994, p. 34.
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(e) wood waste with the exception of wood waste which may
contain halogenated organic compounds or heavy metals as aresult of treatment with wood preservatives or coating, and
which includes in particular such wood waste originating
from construction and demolition waste;
(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 theworking fluid, and a turbine.
(13) ‘Outermost Regions’ means the French Overseas Departments
with regard to France, the Azores and Madeira with regard toPortugal and the Canary Islands with regard to Spain.
Article 3
1. Not later than 1 July 1990 Member States shall draw up appro-
priate programmes for the progressive reduction of total annual
emissions from existing plants. The programmes shall set out the time-
tables and the implementing procedures.
2. In accordance with the programmes mentioned in paragraph 1,
Member States shall continue to comply with the emission ceilingsand with the corresponding percentage reductions laid down for sulphur
dioxide in Annex I, columns 1 to 6, and for oxides of nitrogen in
Annex II, columns 1 to 4, by the dates specified in those Annexes, untilthe implementation of the provisions of Article 4 that apply to existingplants.
3. When the programmes are being carried out, Member States shall
also determine the total annual emissions in accordance with Annex
VIII(C).
4. 4. If a substantial and unexpected change in energy demand or in
the availability of certain fuels or certain generating installationscreates serious technical difficulties for the implementation by aMember State of its programme drawn up under paragraph 1, the
Commission shall, at the request of the Member State concerned and
taking into account the terms of the request, take a decision to modify,for that Member State, the emission ceilings and/or the dates set out inAnnexes I and II and communicate its decision to the Council and tothe Member States. Any Member State may within three months referthe 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. Without prejudice to Article 17 Member States shall take appro-
priate measures to ensure that all licences for the construction or, in theabsence of such a procedure, for the operation of new plants which inthe view of the competent authority are the subject of a full request for
a licence before 27 November 2002, provided that the plant is put into
operation no later than 27 November 2003 contain conditions relatingto compliance with the emission limit values laid down in part A ofAnnexes III to VII in respect of sulphur dioxide, nitrogen oxides anddust.
2. 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, other than those covered by paragraph 1,contain conditions relating to compliance with the emission limitvalues laid down in part B of Annexes III to VII in respect of sulphurdioxide, nitrogen oxides and dust.2001L0080 — EN — 01.05.2004 — 001.001 — 6
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3. Without prejudice to Directive 96/61/EC and Council Directive
96/62/EC of 27 September 1996 on ambient air quality assessmentand management (
1), Member States shall, by 1 January 2008 at the
latest, achieve significant emission reductions by:
(a) taking appropriate measures to ensure that all licences for the
operation of existing plants contain conditions relating to compli-
ance with the emission limit values established for new plants
referred to in paragraph 1; or
(b) ensuring that existing plants are subject to the national emission
reduction plan referred to in paragraph 6;
and, where appropriate, applying Articles 5, 7 and 8.
4. Without prejudice to Directives 96/61/EC and 96/62/EC, existing
plants may be exempted from compliance with the emission limit
values referred to in paragraph 3 and from their inclusion in thenational emission reduction plan on the following conditions:
(a) the operator of an existing plant undertakes, in a written declaration
submitted by 30 June 2004 at the latest to the competent authority,not to operate the plant for more than 20 000 operational hoursstarting from 1 January 2008 and ending no later than 31 December2015;
(b) the operator is required to submit each year to the competent
authority a record of the used and unused time allowed for the
plants' remaining operational life.
5. Member States may require compliance with emission limit
values and time limits for implementation which are more stringent
than those set out in paragraphs 1, 2, 3 and 4 and in Article 10. They
may include other pollutants, and they may impose additional require-ments or adaptation of plant to technical progress.
6. Member States may, without prejudice to this Directive and
Directive 96/61/EC, and taking into consideration the costs and benefitsas well as their obligations under Directive 2001/81/EC of theEuropean Parliament and of the Council of 23 October 2001 onnational emission ceilings for certain atmospheric pollutants (
2) and
Directive 96/62/EC, define and implement a national emission reduc-
tion plan for existing plants, taking into account, inter alia ,
compliance with the ceilings as set out in Annexes I and II.
The national emission reduction plan shall reduce the total annual
emissions of nitrogen oxides (NOx), sulphur dioxide (SO2) and dust
from existing plants to the levels that would have been achieved byapplying the emission limit values referred to in paragraph 3 to theexisting plants in operation in the year 2000, (including those existingplants undergoing a rehabilitation plan in 2000, approved by the
competent authority, to meet emission reductions required by national
legislation) on the basis of each plant's actual annual operating time,fuel used and thermal input, averaged over the last five years of opera-tion up to and including 2000.
The closure of a plant included in the national emission reduction plan
shall not result in an increase in the total annual emissions from theremaining plants covered by the plan.
The national emission reduction plan may under no circumstances
exempt a plant from the provisions laid down in relevant Communitylegislation, including inter alia Directive 96/61/EC.
The following conditions shall apply to national emission reduction
plans:
(a) the plan shall comprise objectives and related targets, measures and
timetables for reaching these objectives and targets, and a moni-toring mechanism;2001L0080 — EN — 01.05.2004 — 001.001 — 7
(1) OJ L 296, 21.11.1996, p. 55.
(2) See p. 22 of this Edition of the Official Journal.
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(b) Member States shall communicate their national emission reduction
plan to the Commission no later than 27 November 2003;
(c) within six months of the communication referred to in point (b) the
Commission shall evaluate whether or not the plan meets therequirements of this paragraph. When the Commission considersthat this is not the case, it shall inform the Member State and
within the subsequent three months the Member State shall
communicate any measures it has taken in order to ensure that therequirements of this paragraph are met;
(d) the Commission shall, no later than 27 November 2002, develop
guidelines to assist Member States in the preparation of their plans.
7. Not later than 31 December 2004 and in the light of progress
towards protecting human health and attaining the Community's envir-onmental objectives for acidification and for air quality pursuant toDirective 96/62/EC, the Commission shall submit a report to theEuropean Parliament and the Council in which it shall assess:
(a) the need for further measures;
(b) the amounts of heavy metals emitted by large combustion plants;
(c) the cost-effectiveness and costs and advantages of further emission
reductions in the combustion plants sector in Member Statescompared to other sectors;
(d) the technical and economic feasibility of such emission reductions;
(e) the effects of both the standards set for the large combustion plants
sector including the provisions for indigenous solid fuels, and thecompetition situation in the energy market, on the environment
and the internal market;
(f) any national emission reduction plans provided by Member States
in accordance with paragraph 6.
The Commission shall include in its report an appropriate proposal of
possible end dates or of lower limit values for the derogation contained
in footnote 2 to Annex VI A.
8. The report referred to in paragraph 7 shall, as appropriate, be
accompanied by related proposals, having regard to Directive 96/61/EC.
Article 5
By way of derogation from Annex III:
(1) Plants, of a rated thermal input equal to or greater than 400 MW,
which do not operate more than the following numbers of hours ayear (rolling average over a period of five years),
— until 31 December 2015, 2 000 hours;
— from 1 January 2016, 1 500 hours;
shall be subject to a limit value for sulphur dioxide emissions of
800 mg/Nm
3.
This provision shall not apply to new plants for which the licence
is granted pursuant to Article 4(2).
(2) Until 31 December 1999, the Kingdom of Spain may authorise new
power plants with a rated thermal input equal to or greater than 500MW burning indigenous or imported solid fuels, commissionedbefore the end of 2005 and complying with the following require-
ments:
(a) in the case of imported solid fuels, a sulphur dioxide emission
limit value of 800 mg/Nm
3;
(b) in the case of indigenous solid fuels, at least a 60 % rate of
desulphurisation,
provided that the total authorised capacity of such plants to which
this derogation applies does not exceed:
— 2 000 MWe in the case of plants burning indigenous solid fuels;2001L0080 — EN — 01.05.2004 — 001.001 — 8
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— in the case of plants burning imported solid fuels either 7 500
or 50 % of all the new capacity of all plants burning solid fuelsauthorised up to 31 December 1999, whichever is the lower.
Article 6
In the case of new plants for which the licence is granted pursuant to
Article 4(2) or plants covered by Article 10, Member States shallensure that the technical and economic feasibility of providing for thecombined generation of heat and power is examined. Where this feasi-
bility is confirmed, bearing in mind the market and the distribution
situation, installations shall be developed accordingly.
Article 7
1. Member States shall ensure that provision is made in the licences
or permits referred to in Article 4 for procedures relating to malfunc-
tion or breakdown of the abatement equipment. In case of a
breakdown the competent authority shall in particular require theoperator to reduce or close down operations if a return to normaloperation is not achieved within 24 hours, or to operate the plant usinglow polluting fuels. In any case the competent authority shall be noti-
fied within 48 hours. In no circumstances shall the cumulative duration
of unabated operation in any twelve-month period exceed 120 hours.The competent authority may allow exceptions to the limits of 24 hoursand 120 hours above in cases where, in their judgement:
(a) there is an overriding need to maintain energy supplies, or
(b) the plant with the breakdown would be replaced for a limited
period by another plant which would cause an overall increase inemissions.
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
plant which to this end normally uses low-sulphur fuel, in cases wherethe operator is unable to comply with these limit values because of aninterruption in the supply of low-sulphur fuel resulting from a seriousshortage. The Commission shall immediately be informed of such
cases.
3. The competent authority may allow a derogation from the obliga-
tion to comply with the emission limit values provided for in Article 4
in cases where a plant which normally uses only gaseous fuel, andwhich would otherwise need to be equipped with a waste gas purifica-tion facility, has to resort exceptionally, and for a period not exceeding10 days except where there is an overriding need to maintain energysupplies, to the use of other fuels because of a sudden interruption in
the supply of gas. The competent authority shall immediately be
informed of each specific case as it arises. Member States shall informthe Commission immediately of the cases referred to in this paragraph.
Article 8
1. In the case of plants with a multi-firing unit involving the simul-
taneous use of two or more fuels, when granting the licence referred to
in Articles 4(1) or 4(2), and in the case of such plants covered by Arti-cles 4(3) or 10, the competent authority shall set the emission limitvalues as follows:
(a) firstly by taking the emission limit value relevant for each indivi-
dual fuel and pollutant corresponding to the rated thermal input ofthe combustion plant as given in Annexes III to VII,
(b) secondly by determining fuel-weighted emission limit values,
which are obtained by multiplying the above individual emissionlimit value by the thermal input delivered by each fuel, the productof multiplication being divided by the sum of the thermal inputsdelivered by all fuels,
(c) thirdly by aggregating the fuel-weighted limit values.2001L0080 — EN — 01.05.2004 — 001.001 — 9
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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 value (deter-
minative 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 atleast 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 inputsupplied by the individual fuels in relation to the sum of the thermalinputs delivered by all fuels as follows:
(a) firstly by taking the emission limit value relevant for each indivi-
dual fuel and pollutant corresponding to the rated heat input of thecombustion plant as given in Annexes III to VII,
(b) secondly by calculating the emission limit value of the determina-
tive fuel (fuel with the highest emission limit value according toAnnexes III to VII and, in the case of two fuels having the sameemission limit value, the fuel with the higher thermal input); thisvalue is obtained by multiplying the emission limit value laid
down in Annexes III to VII for that fuel by a factor of two, and
subtracting from this product the emission limit value of the fuelwith the lowest emission limit value,
(c) thirdly by determining the fuel-weighted emission limit values,
which are obtained by multiplying the calculated fuel emissionlimit value by the thermal input of the determinative fuel and theother individual emission limit values by the thermal input deliv-ered by each fuel, the product of multiplication being divided by
the sum of the thermal inputs delivered by all fuels,
(d) fourthly by aggregating the fuel-weighted emission limit values.
3. As an alternative to paragraph 2, the following average emission
limit values for sulphur dioxide may be applied (irrespective of the fuelcombination used):
(a) for plants referred to in Article 4(1) and (3): 1 000 mg/Nm
3, aver-
aged over all such plants within the refinery;
(b) for new plants referred to in Article 4(2): 600 mg/Nm3, averaged
over all such plants within the refinery, with the exception of gas
turbines.
The competent authorities shall ensure that the application of this
provision does not lead to an increase in emissions from existing
plants.
4. In the case of plants with a multi-firing unit involving the alter-
native use of two or more fuels, when granting the licence referred toin Article 4(1) and (2), and in the case of such plants covered by Arti-cles 4(3) or 10, the emission limit values set out in Annexes III to VII
corresponding to each fuel used shall be applied.
Article 9
Waste gases from combustion plants shall be discharged in controlled
fashion by means of a stack. The licence referred to in Article 4 and
licences for combustion plants covered by Article 10 shall lay down
the discharge conditions. The competent authority shall in particularensure that the stack height is calculated in such a way as to safeguardhealth and the environment.
Article 10
Where a combustion plant is extended by at least 50 MW, the emission
limit values as set in part B of Annexes III to VII shall apply to thenew part of the plant and shall be fixed in relation to the thermal capa-city of the entire plant. This provision shall not apply in the casesreferred to in Article 8(2) and (3).2001L0080 — EN — 01.05.2004 — 001.001 — 10
▼B
Where the operator of a combustion plant is envisaging a change
according to Articles 2(10)(b) and 12(2) of Directive 96/61/EC, theemission limit values as set out in part B of Annexes III to VII in
respect of sulphur dioxide, nitrogen oxides and dust shall apply.
Article 11
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 Council Direc-tive 85/337/EEC of 27 June 1985 on the assessment of the effects ofcertain public and private projects on the environment (
1).
Article 12
Member States shall take the necessary measures to ensure the moni-
toring, in accordance with Annex VIII(A), of emissions from the
combustion plants covered by this Directive and of all other valuesrequired for the implementation of this Directive. Member States mayrequire that such monitoring shall be carried out at the operator'sexpense.
Article 13
Member States shall take appropriate measures to ensure that the
operator informs the competent authorities within reasonable time
limits about the results of the continuous measurements, the checking
of the measuring equipment, the individual measurements and all othermeasurements carried out in order to assess compliance with thisDirective.
Article 14
1. In the event of continuous measurements, the emission limit
values set out in part A of Annexes III to VII shall be regarded ashaving been complied with if the evaluation of the results indicates,for operating hours within a calendar year, that:
(a) none of the calendar monthly mean values exceeds the emission
limit values; and
(b) in the case of:
(i) sulphur dioxide and dust: 97 % of all the 48 hourly mean
values do not exceed 110 % of the emission limit values,
(ii) nitrogen oxides: 95 % of all the 48 hourly mean values do not
exceed 110 % of the emission limit values.
The periods referred to in Article 7 as well as start-up and shut-down
periods shall be disregarded.
2. In cases where only discontinuous measurements or other appro-
priate procedures for determination are required, the emission limitvalues set out in Annexes III to VII shall be regarded as having beencomplied with if the results of each of the series of measurements or of
the other procedures defined and determined according to the rules laid
down by the competent authorities do not exceed the emission limitvalues.
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C1 3. In the cases referred to in Article 5(2), the rates ◄of
desulphurisation shall be regarded as having been complied with if theevaluation of measurements carried out pursuant to Annex VIII, point
A.3, indicates that all of the calendar monthly mean values or all of the
rolling monthly mean values achieve the required desulphurisationrates.2001L0080 — EN — 01.05.2004 — 001.001 — 11
(1) OJ L 175, 5.7.1985, p. 40. Directive as last amended by Council Directive
97/11/EC (OJ L 73, 14.3.1997, p. 5).
▼B
The periods referred to in Article 7 as well as start-up and shut-down
periods shall be disregarded.
4. For new plants for which the licence is granted pursuant to
Article 4(2), the emission limit values shall be regarded, for operatinghours within a calendar year, as complied with if:
(a) no validated daily average value exceeds the relevant figures set
out in part B of Annexes III to VII, and
(b) 95 % of all the validated hourly average values over the year do
not exceed 200 % of the relevant figures set out in part B ofAnnexes III to VII.
The ‘validated average values’ are determined as set out in point A.6 of
Annex VIII.
The periods referred to in Article 7 as well as start up and shut down
periods shall be disregarded.
Article 15
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
the Commission a summary report on the results of the implementationof the 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:
(a) all the combustion plants covered by this Directive,
(b) emissions of sulphur dioxide, and oxides of nitrogen expressed in
tonnes per annum and as concentrations of these substances in thewaste gases,
(c) measures already taken or envisaged with a view to reducing emis-
sions, and of changes in the choice of fuel used,
(d) changes in the method of operation already made or envisaged,
(e) definitive closures of combustion plants already effected or envi-
saged, and
(f) where appropriate, the emission limit values imposed in the
programmes in respect of existing plants.
When determining the annual emissions and concentrations of pollu-
tants in the waste gases, Member States shall take account of Articles12, 13 and 14.
3. Member States applying Article 5 or the provisions of the Nota
Bene in Annex III or the footnotes in Annex VI.A shall report thereonannually to the Commission.
Article 16
The Member States shall determine the penalties applicable to breaches
of the national provisions adopted pursuant to this Directive. Thepenalties thus provided for shall be effective, proportionate and dissua-sive.
Article 17
1. Directive 88/609/EEC shall be repealed with effect from 27
November 2002, without prejudice to paragraph 2 or to the obligations
of Member States concerning the time limits for transposition and
application of that Directive listed in Annex IX hereto.
2. In the case of new plants licensed ►
C1 before 27 November
2002 as specified in Article 4(1) ◄of this Directive, Article 4(1),2001L0080 — EN — 01.05.2004 — 001.001 — 12
▼B
Article 5(2), Article 6, Article 15(3), Annexes III, VI, VIII and point
A.2 of Annex IX to Directive 88/609/EEC as amended by Directive94/66/EC shall remain in effect until 1 January 2008 after which they
shall be repealed.
3. References to Directive 88/609/EEC shall be construed as refer-
ences to this Directive and shall be read in accordance with thecorrelation table in Annex X hereto.
Article 18
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directivebefore 27 November 2002. They shall forthwith inform the Commis-sion thereof.
When Member States adopt these provisions, they shall contain a refer-
ence to this Directive or shall be accompanied by such reference on the
occasion of their official publication. The methods of making suchreference shall be laid down by Member States.
2. For existing plant, and for new plant for which a licence is
granted pursuant to Article 4(1), the provisions of point A.2 of AnnexVIII shall be applied from 27 November 2004.
3. Member States shall communicate to the Commission the texts of
the provisions of national law which they adopt in the field covered by
this Directive.
Article 19
This Directive shall enter into force on the day of its publication in the
Official Journal of the European Communities .
Article 20
This Directive is addressed to the Member States.2001L0080 — EN — 01.05.2004 — 001.001 — 13
▼B
ANNEX I
CEILINGS AND REDUCTION TARGETS FOR EMISSIONS OF SO2FROM EXISTING PLANTS (1)(2)
Member State0 123456789
SO2emissions
by large
combustion
plants 1980
ktonnesEmission ceiling
(ktonnes/year)% reduction over 1980 emis-
sions% reduction over adjusted 1980
emissions
Phase 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
Czech
Republic 1 408 919 303 155 − 35 − 79 − 89 − 35 − 79 − 89
Denmark 323 213 141 106 − 34 − 56 − 67 − 40 − 60 − 70
Germany 2 225 1 335 890 668 − 40 − 60 − 70 − 40 − 60 − 70
Estonia 240 123 91 76 − 49 − 62 − 68 − 49 − 62 − 68
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 − 70Ireland 99 124 124 124 + 25 + 25 + 25 − 29 − 29 − 29Italy 2 450 1 800 1 500 900 − 27 − 39 − 63 − 40 − 50 − 70
Cyprus 17 29 32 34 + 71 + 88 + 100 + 71 + 88 + 100
Latvia 60 40 30 25 − 30 − 50 − 60 − 30 − 50 − 60
Lithuania 163 52 64 75 − 68 − 61 − 54 − 68 − 61 − 54
Luxembourg 3 1,8 1,5 1,5 − 40 − 50 − 60 − 40 − 50 − 50
Hungary 720 429 448 360 − 40 − 38 − 50 − 40 − 38 − 50
Malta 12 13 17 14 + 14 + 51 + 17 + 14 + 51 + 17
Netherlands 299 180 120 90 − 40 − 60 − 70 − 40 − 60 − 70
Portugal 115 232 270 206 + 102 + 135 + 79 − 25 − 13 − 34
Poland 2 087 1 454 1 176 1 110 − 30 − 44 − 47 − 30 − 44 − 47
Slovenia 125 122 98 49 − 2 − 22 − 61 − 2 − 22 − 612001L0080 — EN — 01.05.2004 — 001.001 — 14
(1) Additional emissions may arise from capacity authorised on or after 1 July 1987.
(2) Emissions coming from combustion plants authorised before 1 July 1987 but not yet in operation before that date and which have
not been taken into account in establishing the emission ceilings fixed by this Annex shall either comply with the requirementsestablished by this Directive for new plants or be accounted for in the overall emissions from existing plants that must not exceed
the ceilings fixed in this Annex.▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼A1
Member State0 123456789
SO2emissions
by large
combustion
plants 1980
ktonnesEmission ceiling
(ktonnes/year)% reduction over 1980 emis-
sions% reduction over adjusted 1980
emissions
Phase 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
Slovakia 450 177 124 86 − 60 − 72 − 81 − 60 − 72 − 81
United
Kingdom 3 883 3 106 2 330 1 553 − 20 − 40 − 60 − 20 − 40 − 60
Austria 90 54 36 27 − 40 − 60 − 70 − 40 − 60 − 70
Finland 171 102 68 51 − 40 − 60 − 70 − 40 − 60 − 70
Sweden 112 67 45 34 − 40 − 60 − 70 − 40 − 60 − 702001L0080 — EN — 01.05.2004 — 001.001 — 15
▼B
▼B
ANNEX II
CEILINGS AND REDUCTION TARGETS FOR EMISSIONS OF NOXFROM EXISTING PLANTS (1)(2)
Member State0123456
NOxemissions
(as NO2)b y
large combus-
tion plants
1980
ktonnesNOxemission ceilings
(ktonnes/year)% reduction over 1980 emis-
sions% reduction over adjusted 1980
emissions
Phase 1 Phase 2 Phase 1 Phase 2 Phase 1 Phase 2
1993 (1) 1998 1993 (1) 1998 1993 (1) 1998
Belgium 110 88 66 − 20 − 40 − 20 − 40
Czech
Republic 403 228 113 − 43 − 72 − 43 − 72
Denmark 124 121 81 − 3 − 35 − 10 − 40
Germany 870 696 522 − 20 − 40 − 20 − 40
Estonia 20 10 12 − 52 − 40 − 52 − 40
Greece 36 70 70 + 94 + 94 0 0
Spain 366 368 277 + 1 − 24 − 20 − 40
France 400 320 240 − 20 − 40 − 20 − 40Ireland 28 50 50 + 79 + 79 0 0
Italy 580 570 428 − 2 − 26 − 20 − 40
Cyprus 3 5 6 + 67 + 100 + 67 + 100
Latvia 10 10 9 − 4 − 10 − 4 − 10
Lithuania 21 8 11 − 62 − 48 − 62 − 48
Luxembourg 3 2,4 1,8 − 20 − 40 − 20 − 40
Hungary 68 33 34 − 51 − 49 − 51 − 49
Malta 1.7 7 2.5 + 299 + 51 + 299 + 51
Netherlands 122 98 73 − 20 − 40 − 20 − 40
Portugal 23 59 64 + 157 + 178 − 8 0
Poland 698 426 310 − 39 − 56 − 39 − 56
Slovenia 17 15 16 − 12 − 6 − 12 − 62001L0080 — EN — 01.05.2004 — 001.001 — 16
(1) Additional emissions may arise from capacity authorised on or after 1 July 1987.
(2) Emissions coming from combustion plants authorised before 1 July 1987 but not yet in operation before that date and which have
not been taken into account in establishing the emission ceilings fixed by this Annex shall either comply with the requirementsestablished by this Directive for new plants or be accounted for in the overall emissions from existing plants that must not exceed
the ceilings fixed in this Annex.▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼A1
Member State0123456
NOxemissions
(as NO2)b y
large combus-
tion plants
1980
ktonnesNOxemission ceilings
(ktonnes/year)% reduction over 1980 emis-
sions% reduction over adjusted 1980
emissions
Phase 1 Phase 2 Phase 1 Phase 2 Phase 1 Phase 2
1993 (1) 1998 1993 (1) 1998 1993 (1) 1998
Slovakia 141 85 46 − 40 − 67 − 40 − 67
United
Kingdom 1 016 864 711 − 15 − 30 − 15 − 30
Austria 19 15 11 − 20 − 40 − 20 − 40
Finland 81 65 48 − 20 − 40 − 20 − 40
Sweden 31 25 19 − 20 − 40 − 20 − 40
(1) 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.2001L0080 — EN — 01.05.2004 — 001.001 — 17
▼B
▼B
ANNEX III
EMISSION LIMIT VALUES FOR SO2
Solid fuel
A. SO2emission limit values expressed in mg/Nm3(O2content 6 %) to be
applied by new and existing plants pursuant to Article 4(1) and 4(3) respec-
tively:
NB. Where the emission limit values above cannot be met due to the char-
acteristics of the fuel, a rate of desulphurisation of at least 60 % shall
be achieved in the case of plants with a rated thermal input of less than
or equal to 100 MWth, 75 % for plants greater than 100 MWth and less
than or equal to 300 MWth and 90 % for plants greater than 300
MWth. For plants greater than 500 MWth, a desulphurisation rate of
at least 94 % shall apply or of at least 92 % where a contract for the
fitting of flue gas desulphurisation or lime injection equipment has been
entered into, and work on its installation has commenced, before 1
January 2001.
B. SO2emission limit values expressed in mg/Nm3(O2content 6 %) to be
applied by new plants pursuant to Article 4(2) with the exception of gas
turbines.
Type of fuel 50 to 100 MWth 100 to 300 MWth > 300 MWth
Biomass 200 200 200
General case 850 200 (1) 200
(1) Except in the case of the ‘Outermost Regions’ where 850 to 200 mg/Nm3(linear
decrease) shall apply.
NB. Where the emission limit values above cannot be met due to the char-
acteristics of the fuel, installations shall achieve 300 mg/Nm3SO2,o ra
rate of desulphurisation of at least 92 % shall be achieved in the case of
plants with a rated thermal input of less than or equal to 300 MWth and
in the case of plants with a rated thermal input greater than 300 MWth2001L0080 — EN — 01.05.2004 — 001.001 — 18
▼B
a rate of desulphurisation of at least 95 % together with a maximum
permissible emission limit value of 400 mg/Nm3shall apply.2001L0080 — EN — 01.05.2004 — 001.001 — 19
▼B
ANNEX IV
EMISSION LIMIT VALUES FOR SO2
Liquid fuels
A. SO2emission limit values expressed in mg/Nm3(O2content 3 %) to be
applied by new and existing plants pursuant to Article 4(1) and 4(3), respec-
tively:
B. SO2emission limit values expressed in mg/Nm3(O2content 3 %) to be
applied by new plants pursuant to Article 4(2) with the exception of gas
turbines
50 to 100 MWth 100 to 300 MWth > 300 MWth
850 400 to 200
(linear decrease) (1)200
(1) Except in the case of the ‘Outermost Regions’ where 850 to 200 mg/Nm3(linear
decrease) shall apply.
In the case of two installations with a rated thermal input of 250 MWth on
Crete and Rhodos to be licensed before 31 December 2007 the emission
limit value of 1 700 mg/Nm3shall apply.2001L0080 — EN — 01.05.2004 — 001.001 — 20
▼B
ANNEX V
EMISSION LIMIT VALUES FOR SO2
Gaseous fuels
A. SO2emission limit values expressed in mg/Nm3(O2content 3 %) to be
applied by new and existing plants pursuant to Article 4(1) and 4(3), respec-
tively:
Type of fuelLimit values
(mg/Nm3)
Gaseous fuels in general 35
Liquefied gas 5
Low calorific gases from gasification of refinery
residues, coke oven gas, blast-furnace gas 800
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.
B. SO2emission limit values expressed in mg/Nm3(O2content 3 %) to be
applied by new plants pursuant to Article 4(2):
Gaseous fuels in general 35
Liquefied gas 5
Low calorific gases from coke oven 400Low caloric gases from blast furnace 2002001L0080 — EN — 01.05.2004 — 001.001 — 21
▼B
ANNEX VI
EMISSION LIMIT VALUES FOR NOX(MEASURED AS NO2)
A. NOxemission limit values expressed in mg/Nm3(O2content 6 % for solid
fuels, 3 % for liquid and gaseous fuels) to be applied by new and existing
plants pursuant to Article 4(1) and 4(3), respectively:
Type of fuel:Limit values (1)
(mg/Nm3)
Solid (2), (3):
50 to 500 MWth: 600>500 MWth: 500
From 1 January 2016
50 to 500 MWth: 600
>500 MWth: 200
Liquid:
50 to 500 MWth: 450
>500 MWth: 400
Gaseous:
50 to 500 MWth: 300
>500 MWth: 200
(1) Except in the case of the ‘Outermost Regions’ where the following values shall
apply:
Solid in general: 650Solid with < 10 % vol comps: 1 300
Liquid: 450
Gaseous: 350
(
2) Until 31 December 2015 plants of a rated thermal input greater than 500 MW,
which from 2008 onwards do not operate more than 2 000 hours a year (rolling
average over a period of five years), shall:
— in the case of plant licensed in accordance with Article 4(3)(a), be subject to a
limit value for nitrogen oxide emissions (measured as NO2) of 600 mg/Nm³;
— In the case of plant subject to a national plan under Article 4(6), have their
contribution to the national plan assessed on the basis of a limit value of 600mg/Nm
3.
From 1 January 2016 such plants, which do not operate more than 1 500 hours a
year (rolling average over a period of five years), shall be subject to a limit valuefor nitrogen oxide emissions (measured as NO
2) of 450 mg/Nm3.
(3) Until 1 January 2018 in the case of plants that in the 12 month period ending on 1
January 2001 operated on, and continue to operate on, solid fuels whose volatile
content is less than 10 %, 1 200 mg/Nm3shall apply.
B. NOxemission limit values expressed in mg/Nm3to be applied by new plants
pursuant to Article 4(2) with the exception of gas turbines
Solid fuels (O2content 6 %)
Type of fuel 50 to 100 MWth 100 to 300 MWth > 300 MWth
Biomass 400 300 200
General case 400 200 (1) 200
(1) Except in the case of the ‘Outermost Regions’ where 300 mg/Nm3shall apply.
Liquid fuels (O2content 3 %)
50 to 100 MWth 100 to 300 MWth > 300 MWth
400 200 (1) 200
(1) Except in the case of the ‘Outermost Regions’ where 300 mg/Nm3shall apply.2001L0080 — EN — 01.05.2004 — 001.001 — 22
▼B
In the case of two installations with a rated thermal input of 250 MWth on
Crete and Rhodos to be licensed before 31 December 2007 the emission
limit value of 400 mg/Nm3shall apply.
Gaseous fuels (O2content 3 %)
50 to 300 MWth > 300 MWth
Natural gas (note 1) 150 100
Other gases 200 200
Gas Turbines
NOxemission limit values expressed in mg/Nm3(O2content 15 %) to be
applied by a single gas turbine unit pursuant to Article 4(2) (the limit values
apply only above 70 % load):
> 50 MWth
(thermal input at ISO
conditions)
Natural gas (Note 1) 50 (Note 2)
Liquid fuels (Note 3) 120Gaseous fuels (other than natural gas) 120
Gas turbines for emergency use that operate less than 500 hours per year are
excluded from these limit values. The operator of such plants is required to
submit each year to the competent authority a record of such used time.
Note 1: Natural gas is naturally occurring methane with not more than 20 %
(by volume) of inerts and other constituents.
Note 2: 75 mg/Nm
3in the following cases, where the efficiency of the gas
turbine is determined at ISO base load conditions:
— gas turbines, used in combined heat and power systems having
an overall efficiency greater than 75 %;
— gas turbines used in combined cycle plants having an annual
average overall electrical efficiency greater than 55 %;
— gas turbines for mechanical drives.
For single cycle gas turbines not falling into any of the above cate-
gories, but having an efficiency greater than 35 % − determined at
ISO base load conditions − the emission limit value shall be 50* η/
35 where ηis the gas turbine efficiency expressed as a percentage
(and at ISO base load conditions).
Note 3: This emission limit value only applies to gas turbines firing light
and middle distillates.2001L0080 — EN — 01.05.2004 — 001.001 — 23
▼B
ANNEX VII
EMISSION LIMIT VALUES FOR DUST
A. Dust emission limit values expressed in mg/Nm3(O2content 6 % for solid
fuels, 3 % for liquid and gaseous fuels) to be applied by new and existing
plants pursuant to Article 4(1) and 4(3), respectively:
Type of fuelRated thermal input
(MW)Emission limit values
(mg/Nm3)
Solid ≥500
< 50050 (2)
100
Liquid (1) all plants 50
Gaseous all plants 5 as a rule
10 for blast furnace gas
50 for gases produced
by the steel industry
which can be used else-
where
(1) A limit value of 100 mg/Nm3may be applied to plants with a rated thermal input of
less than 500 MWth burning liquid fuel with an ash content of more than 0,06 %.
(2) A limit value of 100 mg/Nm3may be applied to plants licensed pursuant to Article 4(3)
with a rated thermal input greater than or equal to 500 MWth burning solid fuel with aheat content of less than 5 800 kJ/kg (net calorific value), a moisture content greater
than 45 % by weight, a combined moisture and ash content greater than 60 % by
weight and a calcium oxide content greater than 10 %.
B. Dust emission limit values expressed in mg/Nm3to be applied by new
plants, pursuant to Article 4(2) with the exception of gas turbines:
Solid fuels (O2content 6 %)
50 to 100 MWth > 100 MWth
50 30
Liquid fuels (O2content 3 %)
50 to 100 MWth > 100 MWth
50 30
In the case of two installations with a rated thermal input of 250 MWth on
Crete and Rhodos to be licensed before 31 December 2007 the emission
limit value of 50 mg/Nm3shall apply.
Gaseous fuels (O2content 3 %)
As a rule 5
For blast furnace gas 10For gases produced by the steel
industry which can be used else-
where302001L0080 — EN — 01.05.2004 — 001.001 — 24
▼B
ANNEX VIII
METHODS OF MEASUREMENT OF EMISSIONS
A.Procedures for measuring and evaluating emissions from combustion
plants.
1.Until 27 November 2004
Concentrations of SO2, dust, NOxshall be measured continuously in the
case of new plants for which a licence is granted pursuant to Article
4(1) with a rated thermal input of more than 300 MW. However, moni-
toring of SO2and dust may be confined to discontinuous measurements
or other appropriate determination 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 new plants for which a licence is granted pursuant to
Article 4(1) not covered by the first subparagraph, the competent authori-
ties may require continuous measurements of those three pollutants to be
carried out where considered necessary. Where continuous measurements
are not required, discontinuous measurements or appropriate determina-
tion procedures as approved by the competent authorities shall be used
regularly to evaluate the quantity of the above-mentioned substances
present in the emissions.
2.From 27 November 2002 and without prejudice to Article 18(2)
Competent authorities shall require continuous measurements of concen-
trations of SO2,N Ox, and dust from waste gases from each combustion
plant with a rated thermal input of 100 MW or more.
By way of derogation from the first subparagraph, continuous measure-
ments may not be required in the following cases:
— for combustion plants with a life span of less than 10 000 operational
hours;
— for SO2and dust from natural gas burning boilers or from gas turbines
firing natural gas;
— for SO2from gas turbines or boilers firing oil with known sulphur
content in cases where there is no desulphurisation equipment;
— for SO2from biomass firing boilers if the operator can prove that the
SO2emissions can under no circumstances be higher than the
prescribed emission limit values.
Where continuous measurements are not required, discontinuous measure-
ments shall be required at least every six months. As an alternative,
appropriate determination procedures, which must be verified and
approved by the competent authorities, may be used to evaluate the quan-
tity of the above mentioned pollutants present in the emissions. Such
procedures shall use relevant CEN standards as soon as they are avail-
able. If CEN standards are not available ISO standards, national or
international standards which will ensure the provision of data of an
equivalent scientific quality shall apply.
3. In the case of plants which must comply with the desulphurisation rates
fixed by Article 5(2) and and Annex III, the requirements concerning SO2emission measurements established under paragraph 2 of this point shallapply. Moreover, the sulphur content of the fuel which is introduced into
the combustion plant facilities must be regularly monitored.
4. 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 2
are still adequate or require adaptation.
5. The continuous measurements carried out in compliance with paragraph 2
shall include the relevant process operation parameters of oxygen content,
temperature, pressure and water vapour content. The continuous measure-
ment of the water vapour content of the exhaust gases shall not be
necessary, provided that the sampled exhaust gas is dried before the emis-
sions are analysed.
Representative measurements, i.e. sampling and analysis, of relevant
pollutants and process parameters as well as reference measurement
methods to calibrate automated measurement systems shall be carried
out in accordance with CEN standards as soon as they are available. If
CEN standards are not available ISO standards, national or international2001L0080 — EN — 01.05.2004 — 001.001 — 25
▼B
standards which will ensure the provision of data of an equivalent scien-
tific quality shall apply.
Continuous measuring systems shall be subject to control by means of
parallel measurements with the reference methods at least every year.
6. The values of the 95 % confidence intervals of a single measured result
shall not exceed the following percentages of the emission limit values:
Sulphur dioxide 20 %
Nitrogen oxides 20 %
Dust 30 %
The validated hourly and daily average values shall be determined from
the measured valid hourly average values after having subtracted the
value of the confidence interval specified above.
Any day in which more than three hourly average values are invalid due
to malfunction or maintenance of the continuous measurement system
shall be invalidated. If more than ten days over a year are invalidated
for such situations the competent authority shall require the operator to
take adequate measures to improve the reliability of the continuous moni-
toring system.
B.Determination of total annual emissions of combustion plants
Until and including 2003 the competent authorities shall obtain determina-
tion of the total annual emissions of SO2and NOxfrom new combustion
plants. 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.
Member States shall establish, starting in 2004 and for each subsequent year,
an inventory of SO2,N Oxand dust emissions from all combustion plants
with a rated thermal input of 50 MW or more. The competent authority shall
obtain for each plant operated under the control of one operator at a given
location the following data:
— the total annual emissions of SO2,N Oxand dust (as total suspended parti-
cles).
— the total annual amount of energy input, related to the net calorific value,
broken down in terms of the five categories of fuel: biomass, other solid
fuels, liquid fuels, natural gas, other gases.
A summary of the results of this inventory that shows the emissions from
refineries separately shall be communicated to the Commission every three
years within twelve months from the end of the three-year period considered
. The yearly plant-by-plant data shall be made available to the Commission
upon request. The Commission shall make available to the Member States a
summary of the comparison and evaluation of the national inventories within
twelve months of receipt of the national inventories.
Commencing on 1 January 2008 Member States shall report annually to the
Commission on those existing plants declared for eligibility under Article
4(4) along with the record of the used and unused time allowed for the
plants' remaining operational life.
C.Determination of the total annual emissions of existing plants until and
including 2003.
1. Member States shall establish, starting in 1990 and for each subsequent
year until and including 2003, a complete emission inventory for existingplants covering SO
2and NOx:
— on a plant by plant basis for plants above 300 MWth and for refi-
neries;
— 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
1980.2001L0080 — EN — 01.05.2004 — 001.001 — 26
▼B
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.
4. The Commission shall organise a systematic comparison of such national
inventories and, if appropriate, shall submit proposals to the Council
aiming at harmonising emission inventory methodologies, for the needs
of an effective implementation of this Directive.2001L0080 — EN — 01.05.2004 — 001.001 — 27
▼B
ANNEX IX
TIME-LIMITS FOR TRANSPOSITION AND IMPLEMENTATION OF THE REPEALED
DIRECTIVE
(referred to in Article 17(1))
Directive Time-limits for transposition Time-limits for application
88/609/EEC (OJ L 336, 7.12.1988, p. 1) 30 June 1990 1 July 1990
31 December 1990
31 December 1993
31 December 1998
31 December 2003
94/66/EC (OJ L 337, 24.12.1994, p. 83) 24 June 19952001L0080 — EN — 01.05.2004 — 001.001 — 28
▼B
ANNEX X
CORRELATION TABLE
(Referred to in Article 17(3))
This Directive Directive 88/609/EEC
Article 1 Article 1
Article 2 Article 2
Article 3 Article 3Article 4(1) Article 4(1)Article 4(2), (3) and (4)
Article 4(5) Article 4(3)
Article 4(6), (7) and (8)Article 5 Article 5
Article 6
Article 6
Article 7 Article 8Article 8 Article 9Article 9 Article 10Article 10 Article 11
Article 11 Article 12
Article 12 Article 13(1)Article 13 Article 14Article 14 Article 15
Article 15(1), (2) and (3) Article 16(1), (2) and (4)
Article 16Article 17Article 18(1), first subparagraph, and (3) Article 17(1) and (2)
Article 18(1), second subparagraph, and (2) and
Article 19
Article 20 Article 18
Annexes I to VIII Annexes I to IX
Annex IX and X —2001L0080 — EN — 01.05.2004 — 001.001 — 29