COMMON POSITION (EC) No 21/94 adopted by the Council on 8 June 1994 with a view to adopting Council Directive 94/. . ./EC of . . . amending Directive 88/609/EEC on the limitation of emissions of certain pollutants into the air from large combustion plants (94/C 213/03)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 130s (1) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social Committee (2),

Acting in accordance with the procedure laid down in Article 189c of the Treaty (3),

Whereas the 1973 (4), 1977 (5), 1983 (6), 1987 (7) and 1993 (8) European Community action programmes on the environment stress the importance of the reduction and prevention of atmospheric pollution;

Whereas Directive 88/609/EEC (9) did not set limit values for SO2 for new plants with a rated thermal input of between 50 and 100 megawatts which use solid fuel; whereas, however, Annex III thereof states that the Council, on the basis of a report from the Commission, shall set emission limit values for plants in this category;

Whereas, according to the Commission's report to the Council on the availability of low-sulphur fuel, the difficult situation which had delayed the setting of these limit values has now improved, thanks notably to the availability on the world market of sufficient quantities of coal with a low sulphur content; whereas emissions from the combustion of this type of coal can be limited to 2 000 mg/Nm³; (10*)

Whereas, in view of the damage caused to the environment by atmospheric pollution, the emission limit values for plants with a rated thermal input of between 50 and 100 megawatts should be set at this level,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 88/609/EEC is hereby amended as follows:

- Annex III shall be replaced by the Annex to this Directive;

- the following subparagraph shall be added to Article 4 (1):

'However, Member States may provide that new plants having a rated thermal input of not less than 50 megawatts and not more than 100 megawatts and licensed before the deadline for incorporation of Directive 94/. . ./EC (11*) into national law shall be obliged to comply with the value set in Annex III by no later than one year after that deadline.

(*) OJ No L . . ., . . ., p. . . .'

Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than six months after its entry into force. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2. Member States shall communicate to the Commission the text of the provisions of domestic law which they adopt in the field governed by this Directive.

Article 3

This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

Done at . . .

For the Council

The President

(1) OJ No C 17, 22. 1. 1993, p. 12.

(2) OJ No C 201, 26. 7. 1993, p. 4.

(3) Opinion of the European Parliament of 14 September 1993 (OJ No C 268, 4. 10. 1993, p. 34). Council common position of . . . (not yet published in the Official Journal) and Decision of the European Parliament of . . . (not yet published in the Official Journal).

(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. 2. 1987, p. 1.

(8) OJ No C 138, 17. 5. 1993, p. 1.

(9) OJ No L 336, 7. 12. 1988, p. 1. Directive as amended by Directive 90/656/EEC (OJ No L 353, 17. 12. 1990, p. 59).

(10*) mg/Nm³ means milligram per normal cubic metre or mass per volume of gas expressed in cubic metres produced at standard temperature (273° Kelvin) and pressure (101,3 Kilopascals) after deduction of the steam content.

ANNEX

'ANNEX III

EMISSION LIMIT VALUES FOR SO2 FOR NEW PLANTS Solid fuel

>REFERENCE TO A GRAPHIC>

STATEMENT OF THE COUNCIL'S REASONS

I. Introduction

1. On 22 December 1992 the Commission submitted to the Council a proposal for a Council Directive amending Directive 88/609/EEC on the limitation of emissions of certain pollutants into the air from large combustion plants (1).

2. The European Parliament delivered its opinion on 14 September 1993 (2).

3. The Economic and Social Committee delivered its opinion on 26 May 1993 (3).

II. Common position

1. On 8 June 1994, the Council adopted a common position under Article 189c of the Treaty, on the basis of Article 130s (1) of the Treaty.

2. Purpose of the Directive

Directive 88/609/EEC (4) made provision for a decision by the Council in 1990, on the basis of a Commission report on the availability of low-sulphur fuel and a relevant Commission proposal, on SO2 emission limit values for new plants within the meaning of the Directive (i.e. those licensed after 1 July 1987) between 50 and 100 MWth.

The proposal sets the limit value for the plants in question at 2 000 mg SO2/m³. In the Commission's view, the proposal is justified on account of the availability of low-sulphur coal in sufficient quantities at an acceptable cost, as borne out by the report attached to the proposal.

3. General comments

This proposed amendment is fairly limited in scope since, firstly, the plants concerned lie at the lower end of the capacity range covered by the basic Directive and, secondly, proposals for the revision of the limit values applicable to all new large plants should be submitted by 1 July 1995, in accordance with Article 4 of the basic Directive.

4. Specific comments

4.1. Council amendments to the Commission proposal

The only significant amendment made by the Council to the Commission proposals gives Member States the option of allowing an additional year for compliance with the limit value set for plants licensed between 1 July 1987 and the deadline for transposing the Directive into national law.

The delay in submitting the proposal - the limit value for the category of plants concerned was originally due to be set in 1990 - could mean a change in operating conditions for plants already licensed over a period of several years (from mid-1987 until the Directive's transposition). Under the circumstances, limited flexibility in timing appeared advisible in order to facilitate any adjustments to such plants.

4.2. European Parliament amendments

In accordance with its resolution of 8 June 1993 on the quality of drafting of Community legislation (5), the Council considers that the preamble should justify the enacting provisions in simple terms. The Council has therefore not accepted the amendments concerning additional recitals, the first of which merely refers to certain provisions of the basic Directive, while the other two have no counterpart in the enacting terms.

(1) OJ No C 17, 22. 1. 1993, p. 12.

(2) OJ No C 268, 4. 10. 1993, p. 33.

(3) OJ No C 201, 26. 7. 1993, p. 4.

(4) OJ No L 336, 7. 12. 1988, p. 1. See, in particular, the footnote to Annex III to that Directive.

(5) OJ No C 166, 17. 6. 1993, p. 1.