Amended proposal for a directive of the European Parliament and of the Council amending Directive 88/609/EEC on the limitation of emissions of certain pollutants into the air from large combustion plants
Date: 1999-11-25
Institutions: European Commission
Subjects: air quality, chemical process, environmental protection, pollution control measures, technological change

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Official Journal of the European Communities

25.7.2000

Amended proposal for a directive of the European Parliament and of the Council amending
Directive 88/609/EEC on the limitation of emissions of certain pollutants into the air from
large combustion plants (1)

(2000/C 212 E/03)

(Text with EEA relevance)

COM(1999) 611 final (cid:151) 98/0225(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 25 November 1999)

(1) OJ C 300, 29.9.1998, p. 6.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Unchanged

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

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),

Unchanged

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,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Having regard to the Opinion of
Regions,

the Committee of

the

Unchanged

(1) Whereas the fifth Environmental Action Programme (3)
sets as an objective (cid:145)no exceedance ever of critical loads
and levels(cid:146) of certain acidifying pollutants such as sulphur
dioxide (SO2) and nitrogen oxides (NOx), and in terms of
air quality the objective is that
(cid:145)all people should be
effectively protected against recognised health risks from
Air Pollution(cid:146);

(2) Whereas Council Directive 88/609/EEC (4), as amended by
Directive 94/66/EC (5) and last amended by the Act of
Accession of Austria, Finland and Sweden, contributed
to the reduction and control of atmospheric emissions
from large combustion plants;

(3) Whereas

the Commission has

recently published a
Communication on a Community strategy to combat
acidification (6); whereas
of Directive
the
88/609/EEC was
integral
an
component of that strategy;

revision
being

identified

as

(3) Whereas

the Commission has

recently published a
Communication on a Community strategy to combat
acidification (6); whereas
of Directive
the
88/609/EEC was
integral
an
component of that strategy with the long term aim of a
reduction in emissions of sulphur dioxide and nitrogen
oxides sufficient
to bring residues and concentrations
down to levels below the critical loads and levels;

revision
being

identified

as

___________
(1) COM(98) 415 final.
(2) OJ C 101, 12.4.1999, p. 55.
(3) OJ C 138, 17.5.1993, p. 1.
(4) OJ L 336, 7.12.1988, p. 1.
(5) OJ L 337, 24.12.1994, p. 83.
(6) COM(97) 88 final.

___________
(6) COM(97) 88 final.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(4) Whereas, in accordance with the principles of subsidiarity
and proportionality as set out in Article 5 of the Treaty,
the objective of reducing acidifying emissions from large
combustion plants cannot be sufficiently achieved by the
Member States acting individually and unconcerted action
offers no guarantee of achieving the desired objective;
whereas,
the need to reduce acidifying
emissions across the Community, it is more effective to
take action at the level of the Community; whereas this
Directive confines itself
to minimum requirements for
new combustion plants;

in view of

(5) Whereas Council Directive 96/61/EC (1) sets out an inte-
grated approach to pollution prevention and control
in
which all the aspects of an installation’s environmental
performance are considered in an integrated manner;
whereas combustion installations with a rated thermal
input exceeding 50 MW are included within the scope
of that Directive;

Unchanged

that Directive an inventory of

that Directive; whereas pursuant

(5) Whereas Council Directive 96/61/EC (1) sets out an inte-
grated approach to pollution prevention and control
in
which all the aspects of an installation’s environmental
performance are considered in an integrated manner;
whereas combustion installations with a rated thermal
input exceeding 50 MW are included within the scope
to Article 15
of
paragraph 3 of
the
principal emissions and sources
responsible shall be
published every three years by the Commission on the
basis of data supplied by the Member States; whereas
that Directive, acting on a
pursuant
proposal
the Council will set
emission limit values in accordance with the procedures
laid down in the Treaty for which the need for
Community action has been identified, on the basis,
in
particular, of the exchange of information provided for
in Article 16 of that Directive;

to Article 18 of
from the Commission,

Unchanged

(6) Whereas compliance with the emission limit values laid
down by Directive 88/609/EEC, as amended by this
Directive, should be regarded as a necessary but not
sufficient condition for compliance with the requirements
of Directive 96/61/EC regarding the use of best available
techniques; whereas such compliance may involve more
stringent emissions limit values, emission limit values for
other substances and other media, and other appropriate
conditions;

(7) Whereas industrial experience in the implementation of
techniques for the reduction of polluting emissions from
large combustion plants has been acquired over a period
of 15 years;

(8) Whereas installations for the production of electricity
the large combustion

represent an important part of
plant sector;

(9) Whereas Directive 96/92/EC of the European Parliament
the Council of 19 December 1996 concerning
and of
in electricity (2)
common rules for the internal market
must be transposed by 19 February 1999; whereas this
is likely to have the effect of distributing new production
capacity among new arrivals in the sector;

dioxide

(10) Whereas the Community is committed to a reduction of
carbon
combined
emissions; whereas
production of heat and electricity represents a valuable
opportunity for significantly improving overall efficiency
in fuel use;

the

___________
(1) OJ L 257, 10.10.1996, p. 26.
(2) OJ L 27, 30.1.1997, p. 20.

___________
(1) OJ L 257, 10.10.1996, p. 26.

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Official Journal of the European Communities

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INITIAL PROPOSAL

AMENDED PROPOSAL

(11) Whereas a significant increase in the use of natural gas for
producing electricity is already underway and is likely to
in particular through the use of gas turbines;
continue,

(12) Whereas Council Resolution of 24 February 1997 on a
Community strategy for waste management (1) emphasises
on the need for promoting waste recovery and states that
appropriate emission standards
should apply to the
operation of facilities in which waste is incinerated in
the
to ensure a high level of protection for
order
environment;

(13) Whereas industrial experience has been gained concerning
techniques and equipment for the measurement of the
principal pollutants emitted by large combustion plants;
whereas
the European Committee for Standardisation
(CEN) has undertaken work with the aim of providing a
results
framework securing comparable measurement
within the Community and guaranteeing a high level of
quality of such measurements;

(14) Whereas

is

there

a need to improve

knowledge
concerning the emission of the principal pollutants from
large combustion plants; whereas, in order to be genuinely
representative of the level of pollution of an installation,
such information should
associated with
knowledge concerning its energy consumption;

also be

(15) Whereas Directive 88/609/EEC should therefore be

amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

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

1. Article 2 is amended as follows:

(a) In point 4, the words (cid:145)by processes especially designed

for this purpose(cid:146) are deleted

(b) In point 6, the words (cid:145)with the exception of domestic
refuse and toxic or dangerous waste(cid:146) are replaced by
the words (cid:145)with the exception of waste covered by
Council Directives 89/369/EEC (*), 89/429/EEC (**)
and 94/67/EC (***).
___________

(*) OJ L 163, 14.6.1989, p. 32.
(**) OJ L 203, 15.7.1989, p. 50.
(***) OJ L 365, 31.12.1994, p. 34.(cid:146)

___________
(1) OJ C 76, 11.3.1997, p. 1.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(c) Point 7 is amended as follows:

(i) The following indents are added to the third

paragraph:

(cid:145)(cid:151) any technical apparatus used in the propulsion

of a vehicle, ship or aircraft,

(cid:151) gas turbines used on offshore platform.(cid:146)

(ii) In the fourth paragraph,

the words (cid:145)or by gas
turbines, irrespective of the fuel used(cid:146) are deleted.

(d) The following points are added:

(cid:145)11.

(cid:147)biomass(cid:148) means: any whole or part of a vegetable
matter which can be used for the purpose of
recovering its energy content. Wood wastes and
vegetable matter wastes are also considered as
biomass provided that they do not fall into the
scope
89/369/EEC,
Council Directives
89/429/EEC and 94/67/EC;

of

12. (cid:147)gas turbine(cid:148) 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
the working fluid, and a turbine.(cid:146)

2. In Article 3, paragraph 4 is deleted.

3. In Article 4, paragraph 2 is deleted.

4. In Article 5, the following sentence is added to point 1:

(cid:145)This provision does not apply to new plants for which the
licence is granted on or after 1 January 2000.(cid:146)

5. Article 7 is replaced by the following:

(cid:145)Article 7

In new plants for which the licence is granted on or after 1
January 2000 the competent authorities shall ensure that
there is provision for the combined generation of heat and
electricity where this
technically and economically
feasible. To this end, the Member States shall ensure that
operators examine the possibilities of locating the instal-
lations on sites with a heat requirement.(cid:146)

is

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INITIAL PROPOSAL

AMENDED PROPOSAL

6. Article 8 is amended as follows:

(a) Paragraph 1 is replaced by the following:

in particular

(cid:145)1. Member States shall ensure that provision is
for
made in the licences referred to in Article 4(1)
procedures relating to malfunction or breakdown of
the abatement equipment. In case of a breakdown the
competent authority shall
require the
operator to reduce or close down operations if a
return to normal operation is not achieved within 24
hours, or to operate the plant using low polluting fuels.
In any case the competent authority shall be notified
within 48 hours. In no circumstances shall the cumu-
lative duration of unabated operation in any one year
period exceed 120 hours except in cases where, in the
judgement of the competent authority, there is an over-
riding need to maintain energy supplies.(cid:146)

(b) Paragraph 2 is deleted.

(c) In paragraph 3, the words (cid:145)a short period(cid:146) are replaced

by the words (cid:145)a period not exceeding ten days(cid:146)

(d) In paragraph 4, the words (cid:145)this Article(cid:146) are replaced by

the words (cid:145)paragraph 3(cid:146).

7. In Article 9(3), the first subparagraph is replaced by the

following:

(cid:145)As an alternative to paragraph 2, the following emission
limit values for sulphur dioxide averaged over all new
plants within the refinery and irrespective of
the fuel
combination used by be applied:

(a) for plants for which a licence is granted before 1

January 2000: 1 000 mg/Nm3,

(b) for plants for which a licence is granted on or after 1

January 2000: 450 mg/Nm3.(cid:146)

8. In Article 13, paragraphs 2 and 3 are deleted.

9. In Article 15, the following paragraph 4 shall be added:

(cid:145)4.
For new plants for which the licence is granted on or
after 1 January 2000, the emission limit values shall be
regarded as complied with if:

(cid:151) no validated daily average value exceeds the relevant

figures set out in Annexes III to VII;

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INITIAL PROPOSAL

AMENDED PROPOSAL

(cid:151) no validated hourly average value exceeds 200 % of the

relevant figures set out in Annexes III to VII.

The (cid:147)validated average values(cid:148) are determined as set out in
Annex IX, Part A, paragraph 6.(cid:146)

10.

In Article 16, paragraph 3 is deleted.

11. Annexes III to IX are amended as set out in the Annex to

this Directive.

Article 2

Article 2

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
Directive by 31 December 2000 at
the latest. They shall
forthwith inform the Commission thereof.

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
Directive by 31 December 1999 at
the latest. They shall
forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of
their official publication.
Member States shall determine how such reference is to be
made.

Unchanged

Article 3

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

Article 4

This Directive is addressed to the Member States.

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Official Journal of the European Communities

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ANNEX

1. The following Annex shall be added to Annex III:

(cid:145)SO2 emission limit values expressed in mg/Nm3 (O2 content 6 %) to be applied by new plants for which the licence
is granted on or after 1 January 2000

Type of fuel

50 to 100 MWth

100 to 300 MWth

> 300 MWth

Biomass

General case

200

850

200

850 to 200
(linear decrease)

200

200(cid:146)

2. The following shall be added to Annex IV:

(cid:145)SO2 emission limit values expressed in mg/Nm3 (O2 content 3 %) to be applied by new plants for which the licence
is granted on or after 1 January 2000

50 to 100 MWth

100 to 300 MWth

> 300 MWth

850

850 to 200
(linear decrease)

200(cid:146)

3. The following shall be added to Annex V:

(cid:145)SO2 emission limit values expressed in mg/Nm3 (O2 content 3 %) to be applied by new plants for which the licence
is granted on or after 1 January 2000

Gaseous fuels in general

Liquefied gas

Low calorific gases from coke oven

Low caloric gases from blast furnace

4. The following is added to Annex VI:

(cid:145)Solid fuels

35

5

400

200(cid:146)

NOx emission limit values expressed in mg/Nm3 (O2 content 6 %) to be applied by new plants for which the licence
is granted on or after 1 January 2000

Type of fuel

50 to 100 MWth

100 to 300 MWth

> 300 MWth

Biomass

General case

Liquid fuels

350

400

300

300

300

200

NOx emission limit values expressed in mg/Nm3 (O2 content 3 %) to be applied by new plants (with the exception of
gas turbines) for which the licence is granted on or after 1 January 2000

50 to 100 MWth

100 to 300 MWth

> 300 MWth

400

300

200

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Gaseous fuels

NOx emission limit values expressed in mg/Nm3 (O2 content 3 %) to be applied by new plants (with the exception of
gas turbines) for which the licence is granted on or after 1 January 2000

Natural gas (note 1)

Other gases

Gas Turbines

50 to 300 MWth

> 300 MWth

150

200

100

200

NOx emission limit values expressed in mg/Nm3 (O2 content 15 %) to be applied by a single gas turbine unit for
which the licence is granted on or after 1 January 2000 following limit values apply only above 70 % load

Natural gas (Note 1)

Liquid fuels (Note 3)

> 50 MWth
(thermal input at ISO conditions)

50 (Note 2)

120

Note 1: Natural gas is naturally occurring methane with not more than 20 % (by volume) of inerts and other

constituents.

Note 2: 75 mg/Nm3 in following cases:

(cid:151) gas turbine used in a combined heat and power system;

(cid:151) gas turbine driving compressor for public gas grid supply.

For gas turbines not falling into either of the above categories, but having an efficiency greater than 35%
determined at ISO base load conditions the ELV shall be 50*(cid:231)/35 where (cid:231) is the gas turbine efficiency expressed
as a percentage (and determined at ISO base load conditions).

Note 3: This emission limit value only applies to gas turbine firing light and middle distillates.(cid:146)

5. The following is added to Annex VII:

(cid:145)Solid fuels

Dust emission limit values expressed in mg/Nm3 (O2 content 6 %) to be applied by new plants for which the licence
is granted on or after 1 January 2000

50 to 100 MWth

> 100 MWth

50

30

Liquid fuels

Dust emission limit values expressed in mg/Nm3 (O2 content 3 %) to be applied by new plants for which the licence
is granted on or after 1 January 2000

50 to 100 MWth

> 100 MWth

50

30

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Gaseous fuels

Dust emission limit values expressed in mg/Nm3 (O2 content 3 %) to be applied by new plants for which the licence
is granted on or after 1 January 2000

As a rule

For blast furnace gas

For gases produced by the steel industry which can be used elsewhere

5

10

30(cid:146)

6. The following is added to Annex VIII:

(cid:145)For new plants for which the licence is granted on or after 1 January 2000

50 to 100 MWth

100 to 300 MWth

> 300 MWth

90 %

92 %

95 %

NB: Installations which achieve 300 mg/Nm3 SO2 are exempt from application of the relevant rate of desulphurisation.(cid:146)

7. Annex IX is amended as follows:

(a) Part A is amended as follows:

(i) In the title, the words (cid:145)from new plants(cid:146) are replaced by the words (cid:145)from combustion plants(cid:146).

(ii) Paragraph 1 is replaced by the following:

(cid:145)1. Until 1 January 2000 concentrations of SO2, dust, NOx shall be measured continuously in the case of
new plants with a rated thermal input of more than 300 MW. However, monitoring of SO2 and 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 plants not covered by the first subparagraph, the competent authorities 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 determination
procedures as approved by the competent authorities shall be used regularly to evaluate the quantity of
the above-mentioned substances present in the emissions.

From 1 January 2000 competent authorities shall require continuous measurements of concentrations of
SO2, NOx, and dust from each combustion plant which falls into one of the following categories:

(cid:151) new combustion plant with a rated thermal input of 100 MW or more.

(cid:151) other combustion plant with a rated thermal input of 300 MW or more.

By way of derogation from the third subparagraph, continuous measurements shall not be required in
the following cases:

(cid:151) for combustion plants with a life span less than 10 000 operational hours;

(cid:151) for SO2 and dust from gas turbines firing natural gas or light and middle distillates.

Where continuous measurements are not required, discontinuous measurements shall be required at least
each six months. As an alternative, appropriate determination procedures, which must be verified and
approved by the competent authorities, may be used to evaluate the quantity of the above-mentioned
pollutants present in the emissions. Such procedures shall use relevant CEN standards as soon as they are
available.(cid:146)

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(iii) Paragraph 4 is replaced by the following:

(cid:145)4. The continuous measurements carried out in compliance with paragraph 1 shall include the relevant
process operation parameters
temperature, pressure. The continuous
measurement of the water vapour content of the exhaust gases shall not be necessary, provided that
the sampled exhaust gas is dried before the emissions are analysed.

such as oxygen content,

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. Until the CEN standards are drawn up, national standards shall apply.

Continuous measuring systems shall be subject to control by means of parallel measurements with the
reference methods at least every one year.(cid:146)

(iv) The following paragraphs 5 and 6 are added:

(cid:145)5. The value of the 95 % confidence intervals determined at the emission limit values shall not exceed the

following percentages of the emission limit value:

Sulphur dioxide

Nitrogen oxides

Dust

20 %

20 %

30 %

6. The validated hourly and daily average values shall be determined within the effective operating time
(excluding start-up and shut-off periods), 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 monitoring system.(cid:146)

(b) Part B is amended as follows:

(i) In the title, the words (cid:145)new plants(cid:146) are to be replaced by the words (cid:145)combustion plants(cid:146).

(ii) The words (cid:145)Until 2003(cid:146) are added at the beginning of the first paragraph.

(iii) The following paragraphs are added:

(cid:145)Member States shall establish, starting in 2003 and for each subsequent year, an inventory of SO2 and NOx
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:

(cid:151) the total annual emissions of SO2, NOx and dust (as total suspended particles),

(cid:151) 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 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.(cid:146)

(c) Part C is amended as follows:

(i) In paragraph 1, the words (cid:145)until and including 2003(cid:146) are inserted after (cid:145)and for each subsequent year(cid:146).

(ii) In paragraph 2, the second subparagraph is deleted.