D. INDUSTRIAL POLLUTION AND RISK MANAGEMENT

1. 31996 L 0061: Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (OJ L 257, 10.10.1996, p. 26), as last amended by:

- 32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284, 31.10.2003, p. 1).

By way of derogation from Article 5(1) of Directive 96/61/EC, the requirements for the granting of permits for existing installations shall not apply in Bulgaria to the following installations until the date indicated for each installation, insofar as the obligation to operate these installations in accordance with emission limit values, equivalent parameters or technical measures based on the best available techniques according to Article 9(3) and (4) is concerned:

Until 31 December 2008:

- "Yambolen" — Yambol (activity 4.1 h)

- "Verila" — Ravno Pole (activity 4.1)

- "Lakprom" — Svetovrachane (activity 4.1 b)

- "Orgachim" — Ruse (activity 4.1 j)

- "Neochim" — Dimitrovgrad (activity 4.1 b)

Until 31 December 2009:

- "Eliseyna" gara Eliseyna (activity 2.5 a)

Until 31 December 2011:

- TPP "Ruse-East" — Ruse (activity 1.1)

- TPP "Varna" — Varna (activity 1.1)

- TPP "Bobov dol" — Sofia (activity 1.1)

- TPP at "Lukoil Neftochim" — Burgas (activity 1.1)

- "Lukoil Neftochim" — Burgas (activity 1.2)

- "Kremikovtsi" — Sofia (activity 2.2)

- "Radomir-Metali" — Radomir (activity 2.3 b)

- "Solidus" — Pernik (activity 2.4)

- "Berg Montana fitingi" — Montana (activity 2.4)

- "Energoremont" — Kresna (activity 2.4)

- "Chugunoleene" — Ihtiman (activity 2.4)

- "Alkomet" — Shumen (activity 2.5 b)

- "Start" — Dobrich (activity 2.5 b)

- "Alukom" — Pleven (activity 2.5 b)

- "Energiya" — Targovishte (activity 2.5 b)

- "Uspeh" — Lukovit (activity 3.5)

- "Keramika" — Burgas (activity 3.5)

- "Stroykeramika" — Mezdra (activity 3.5)

- "Straldja keramika" — Straldja (activity 3.5)

- "Balkankeramiks" — Novi Iskar (activity 3.5)

- "Shamot" — Elin Pelin (activity 3.5)

- Ceramics plant — Dragovishtitsa (activity 3.5)

- "Fayans" — Kaspichan (activity 3.5)

- "Solvay Sodi" — Devnya (activity 4.2 d)

- "Polimeri" — Devnya (activity 4.2 c)

- "Agropolichim" — Devnya (activity 4.3)

- "Neochim" — Dimitrovgrad (activity 4.3)

- "Agriya" — Plovdiv (activity 4.4)

- "Balkanpharma" — Razgrad (activity 4.5)

- "Biovet" — Peshtera (activity 4.5)

- "Catchup-frukt" — Aitos (activity 6.4 b)

- "Bulgarikum" — Burgas (activity 6.4 c)

- "Serdika 90" — Dobrich (activity 6.4 c)

- "Ekarisaj" — Varna (activity 6.5)

- "Ekarisaj-Bert" — Burgas (activity 6.5).

Fully coordinated permits shall be issued for these installations before 30 October 2007, containing individually binding timetables for the achievement of full compliance. These permits shall ensure compliance with the general principles governing the basic obligations of operators as set out in Article 3 of the Directive by 30 October 2007.

2. 32001 L 0080: 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), as amended by:

- 12003 T: Act concerning the conditions of accession and the adjustments to the Treaties ‐ 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 (OJ L 236, 23.9.2003, p. 33).

(a) By way of derogation from Article 4(3) and part A of Annexes III, IV and VII to Directive 2001/80/EC, the emission limit values for sulphur dioxide and for dust shall not apply in Bulgaria to the following plants until the date indicated for each unit of the plant:

- TPP "Varna":

- Unit 1 until 31 December 2009

- Unit 2 until 31 December 2010

- Unit 3 until 31 December 2011

- Unit 4 until 31 December 2012

- Unit 5 until 31 December 2013

- Unit 6 until 31 December 2014

- TPP "Bobov dol":

- Unit 2 until 31 December 2011

- Unit 3 until 31 December 2014

- TPP "Ruse-East":

- Units 3 and 4 until 31 December 2009

- Units 1 and 2 until 31 December 2011

- TPP at "Lukoil Neftochim" Burgas:

- Units 2, 7, 8, 9, 10 and 11 until 31 December 2011.

During this transitional period, sulphur dioxide and dust emissions from all combustion plants pursuant to Directive 2001/80/EC shall not exceed the following intermediate ceilings:

- by 2008: 179700 tonnes SO2/year; 8900 tonnes dust/year;

- by 2012: 103000 tonnes SO2/year; 6000 tonnes dust/year.

(b) By way of derogation from Article 4(3) and part A of Annex VI to Directive 2001/80/EC, the emission limit values for nitrogen oxides shall not apply in Bulgaria until 31 December 2011 for Units 2, 7, 8, 9, 10 and 11 of the combustion plant TPP at "Lukoil Neftochim" Burgas.

During this transitional period, nitrogen oxides emissions from all combustion plants pursuant to Directive 2001/80/EC shall not exceed the following intermediate ceilings:

- by 2008: 42900 tonnes/year;

- by 2012: 33300 tonnes/year.

(c) By 1 January 2011, Bulgaria shall submit an updated plan to the Commission, including an investment plan, for the gradual alignment of the remaining non-compliant plants with clearly defined stages for the application of the acquis. These plans shall ensure a further reduction of the emissions to a level significantly below the intermediate targets specified in paragraphs (a) and (b) above, in particular for emissions in the period 2012 to 2014. If the Commission, having regard in particular to the environmental effects and to the need to reduce distortions of competition in the internal market due to the transitional measures, considers that these plans are not sufficient to meet these objectives, it shall inform Bulgaria. Within the subsequent three months, Bulgaria shall communicate the measures it has taken in order to meet these objectives. If subsequently the Commission, in consultation with the Member States, considers these measures are not sufficient to meet these objectives, it shall commence infringement proceedings under Article III-360 of the Constitution.

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