Common Position (EC) No 52/2000 of 9 November 2000 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from large combustion plants
Date: 2000-11-09
Institutions: Council of the European Union
Subjects: atmospheric pollutant, chemical process, environmental protection, industrial pollution, pollution control, pollution control measures

C 375/12

EN

Official Journal of the European Communities

28.12.2000

COMMON POSITION (EC) No 52/2000

adopted by the Council on 9 November 2000

with a view to adopting Directive 2000/.../EC of the European Parliament and of the Council of ...
on the limitation of emissions of certain pollutants into the air from large combustion plants

(2000/C 375/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 175(1) thereof,

the United Nations Economic Commission for Europe
(UNECE) on long-range transboundary air pollution
to abate acidification, eutrophication and ground-level
ozone, which includes, inter alia, commitments to reduce
emissions of sulphur dioxide and oxides of nitrogen.

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),

Whereas:

(1)

(2)

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.

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 all people should be
effectively protected against recognised health risks from
air pollution.

(3)

All Member States have signed the Gothenburg Protocol
of 1 December 1999 to the 1979 Convention of

(1) OJ C 300, 29.9.1998, p. 6.
(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 and Decision of the European Parliament of ... (not yet
published in the Official Journal).

(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.

(4)

(5)

(6)

(7)

The Commission has published a communication on a
Community strategy to combat acidification in which
the revision of Directive 88/609/EEC was identified as
being an integral component of that strategy with the
long term aim of reducing emissions of sulphur dioxide
and nitrogen oxides sufficiently to bring depositions and
concentrations down to levels below the critical loads
and levels.

In accordance with the principle of subsidiarity as set
out in Article 5 of the Treaty, the objective of reducing
acidifying emissions from large combustion plants can-
not be sufficiently achieved by the Member States acting
individually and unconcerted action offers no guarantee
of achieving the desired objective. In view of the need to
reduce acidifying emissions across the Community, it is
more effective to take action at Community level.

Existing large combustion plants are significant con-
tributors to emissions of sulphur dioxide and nitrogen
oxides in the Community and it is necessary to reduce
these emissions. It is therefore necessary to adapt the
approach to the different characteristics of the large
combustion plant sector in the Member States.

Council Directive 96/61/EC of 24 September 1996
concerning integrated pollution prevention and con-
trol (6) sets out an integrated approach to pollution
prevention and control in which all the 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
to
within the scope of
Article 15(3) of that Directive an inventory of the
principal emissions and sources responsible is to be
published every three years by the Commission on the

that Directive. Pursuant

(6) OJ L 257, 10.10.1996, p. 26.

28.12.2000

EN

Official Journal of the European Communities

C 375/13

basis of data supplied by the Member States. Pursuant to
Article 18 of that Directive, acting on a proposal from
the Commission, 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,
the
exchange of information provided for in Article 16 of
that Directive.

in particular, of

(8)

Compliance with the emission limit values laid down by
this Directive should be regarded as a necessary but not
sufficient condition for compliance with the require-
ments 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, and other appropriate
conditions.

(9)

Industrial experience in the implementation of tech-
niques for the reduction of polluting emissions from
large combustion plants has been acquired over a period
of 15 years.

(10) The Protocol on heavy metals to the UNECE Convention
on Long-range Transboundary Air Pollution rec-
ommends the adoption of measures to reduce heavy
metals emitted by certain installations. It is known that
benefits from reducing dust emissions by dust abatement
equipment will provide benefits on reducing particle-
bound heavy metal emissions.

(16) The Council resolution of 24 February 1997 on a
Community strategy for waste management (2) empha-
sises 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 order to ensure a high level of protection for
the environment.

(17)

Industrial experience has been gained concerning tech-
niques and equipment for the measurement of the
principal pollutants emitted by large combustion plants.
The European Committee for Standardisation (CEN) has
undertaken work with the aim of providing a framework
securing comparable measurement results within the
Community and guaranteeing a high level of quality of
such measurements.

(18) There is a need to improve knowledge concerning
the emission of the principal pollutants from large
combustion plants. In order to be genuinely representa-
tive of the level of pollution of an installation, such
information should also be associated with knowledge
concerning its energy consumption.

(19) This Directive is without prejudice to the time limits
within which the Member States must transpose and
implement Directive 88/609/EEC,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

(11)

Installations for the production of electricity represent
an important part of the large combustion plant sector.

This Directive shall apply to combustion plants, the rated
thermal input of which is equal to or greater than 50 MW,
irrespective of the type of fuel used (solid, liquid or gaseous).

(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 (1) is intended,
inter alia, to have the effect of distributing new pro-
duction capacity among new arrivals in the sector.

(13) The Community is committed to a reduction of carbon
dioxide emissions. Where it is feasible the combined
production of heat and electricity represents a valuable
opportunity
overall
significantly
efficiency in fuel use.

improving

for

(14) A significant increase in the use of natural gas for
producing electricity is already under way and is likely
to continue, in particular 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.

Article 2

For the purpose of this Directive:

1.

2.

3.

‘emission’ means the discharge of substances from the
combustion plant into the air;

‘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 ‘Nm3/h’;

‘emission limit value’ means the permissible quantity of a
substance contained in the waste gases from the combus-
tion plant which may be discharged into the air during a
given period; it shall be calculated in terms of mass per
the waste gases expressed in mg/Nm3,
volume of
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;

(1) OJ L 27, 30.1.1997, p. 20.

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

C 375/14

EN

Official Journal of the European Communities

28.12.2000

4.

5.

6.

‘rate of desulphurisation’ means the ratio of the quantity
of sulphur which is not emitted into the air at the
combustion plant site over a given period to the quantity
of sulphur contained in the fuel which is introduced into
the combustion plant facilities and which is used over the
same period;

‘operator’ means any natural or legal person who operates
the combustion plant, or who has or has been delegated
decisive economic power over it;

liquid or gaseous combustible
‘fuel’ means any solid,
material used to fire the combustion plant with the
exception of waste
covered by Council Directive
89/369/EEC of 8 June 1989 on the prevention of
air pollution from new municipal waste incineration
plants (1), Council Directive 89/429/EEC of 21 June 1989
on the reduction of air pollution from existing municipal
waste incineration plants (2) and Council Directive
94/67/EC of 16 December 1994 concerning the inciner-
ation of hazardous waste (3) or any subsequent Com-
munity act repealing and replacing one or more of 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 combus-
tion in manufacturing processes. In particular, this Direc-
tive shall not apply to the following combustion plants:

(a)

plants in which the products of combustion are used
for the direct heating, drying, or any other treatment
of objects or materials, for example reheating fur-
naces, furnaces for heat treatment;

(b) post-combustion plants i.e. any technical apparatus
designed to purify the waste gases by combustion
which is not operated as an independent combustion
plant;

(c)

(d)

facilities for the regeneration of catalytic cracking
catalysts;

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;

8.

9.

10.

11.

(i)

gas turbines used on offshore platforms;

(j)

gas turbines licensed before ... (*) or which in the
view of the competent authority are the subject of a
full request for a licence before ... (*) provided that
the plant is put into operation no later than ... (**)
without prejudice to Article 8(1) and Annex IX(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, their waste gases could, in the judgment of
the competent authorities, be discharged through a
common stack, the combination formed by such plants
shall be regarded as a single unit;

‘multi-fuel firing unit’ means any combustion plant which
may be fired simultaneously or alternately by two or
more types of fuel;

‘new plant’ means any combustion plant for which the
original construction licence or, in the absence of such a
procedure, the original operating licence was granted on
or after 1 July 1987;

‘existing plant’ means any combustion plant for which
the original construction licence or, in the absence of
such a procedure, the original operating licence was
granted before 1 July 1987;

‘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;

(c)

vegetable waste from virgin pulp production and
from production of paper from pulp;

(d)

cork waste;

(e) wood waste with the exception of wood waste
which may contain halogenated organic compounds
or heavy metals as a result of treatment with wood
preservatives or coating, and which includes in
particular such wood waste originating from con-
struction and demolition waste;

(1) OJ L 163, 14.6.1989, p. 32.
(2) OJ L 203, 15.7.1989, p. 50.
(3) OJ L 365, 31.12.1994, p. 34.

(*) Twelve months from the date of entry into force of this Directive.
(**) Twenty-four months from the date of entry into force of this

Directive.

28.12.2000

EN

Official Journal of the European Communities

C 375/15

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 the working fluid, and a turbine.

a procedure, for the operation of new plants, other than
those covered by paragraph 1, contain conditions relating to
compliance with the emission limit values laid down in part B
of Annexes III to VII in respect of sulphur dioxide, nitrogen
oxides and dust.

Article 3

1.
Not later than 1 July 1990 Member States shall draw up
appropriate programmes for the progressive reduction of total
annual emissions from existing plants. The programmes shall
set out the timetables and the implementing procedures.

2.
In accordance with the programmes mentioned in
paragraph 1, Member States shall continue to comply with the
emission ceilings and 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, until the implemen-
tation of the provisions of Article 4 applying to existing plants.

3. When the programmes are being carried out, Member
States shall also determine the total annual emissions in
accordance with Annex IX(C).

for

serious

technical difficulties

4.
If a substantial and unexpected change in energy demand
or in the availability of certain fuels or certain generating
installations creates
the
implementation by a Member 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 in Annexes
I and II and communicate its decision to the Council and to
the Member States. Any Member State may within three
months refer the decision of the Commission to the Council.
The Council, acting by a qualified majority, may within three
months take a different decision.

Article 4

1. Member States shall take appropriate measures to ensure
that all licences for the construction or, in the absence of such
a procedure, for the operation of new plants which in the view
of the competent authority are the subject of a full request for
a licence before ... (*), provided that the plant is put into
operation no later than ... (**), contain conditions relating to
compliance with the emission limit values laid down in part A
of Annexes III to VII in respect of sulphur dioxide, nitrogen
oxides and dust.

2. Member States shall take appropriate measures to ensure
that all licences for the construction or, in the absence of such

3. Without prejudice to Directive 96/61/EC and Council
Directive 96/62/EC of 27 September 1996 on ambient air
quality assessment and 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 compliance 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, 6, 8 and 9.

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 the national emission reduction plan on the
following conditions:

(a)

(b)

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 hours starting from 1 January 2008;

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 11. They may include other pollutants, and they
may impose additional requirements 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 benefits as well as their obligations under Directive
EC/.../2000 of the European Parliament and of the Council of
... on national emission ceilings (2) and Directive 96/62/EC,
define and implement a national emission reduction plan for
existing plants, taking into account, inter alia, compliance with
the ceilings as set out in Annexes I and II.

(*) Twelve months from the date of entry into force of this Directive.
(**) Twenty-four months from the date of entry into force of this

Directive.

(1) OJ L 296, 21.11.1996, p. 55.
(2) See p. 1 of this Official Journal.

C 375/16

EN

Official Journal of the European Communities

28.12.2000

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 by applying the emission limit values
referred to in paragraph 3 to the existing plants in operation
in the year 2000, (including those existing plants 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 operation up to and including 2000.

(b)

(c)

(d)

the cost-effectiveness and costs and advantages of further
emission reductions in the combustion plants sector in
Member States compared to other sectors;

the technical and economic feasibility of such emission
reductions;

the effects of both the standards set
for the large
combustion plants sector including the provisions for
indigenous solid fuels, and the competition situation in
the energy market, on the environment and the internal
market;

The closure of a plant included in the national emission
reduction plan shall not result in an increase in the total annual
emissions from the remaining plants covered by the plan.

(e)

any national emission reduction plans provided by Mem-
ber States in accordance with paragraph 6.

The national emission reduction plan may under no circum-
stances exempt a plant from the provisions laid down in
relevant Community legislation, including, inter alia, Directive
96/61/EC.

8.
The report referred to in paragraph 7 shall, as appropri-
ate, be accompanied by related proposals, having regard to
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 monitoring mechanism;

(b) Member States shall communicate their national emission
reduction plan to the Commission no later than ... (*);

(c) Within six months of the communication referred to in
point (b) the Commission shall evaluate whether or not
the plan meets the requirements of this paragraph. When
the Commission considers that 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
the
requirements of this paragraph are met;

(d) The Commission shall, no later than ... (**), 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 environmental objectives for acidification and
for air quality pursuant to Directive 96/62/EC, the Commission
shall submit a report to the European Parliament and the
Council in which it shall assess:

(a)

the need for further measures;

Article 5

By way of derogation from Annex III:

1.

2.

Plants, of a rated thermal input equal to or greater than
400 MW, which do not operate more than 2 200 hours
a year (rolling average over a period of five years), shall
be subject to a limit value for sulphur dioxide emissions
of 800 mg/Nm3.

This provision shall not apply to new plants for which
the licence is granted pursuant to Article 4(2).

Plants which burn indigenous solid
fuel, where the
emission limit value set for sulphur dioxide for such
plants cannot be met, owing to the particular nature of
the fuel, without using excessively expensive technology,
may exceed the limit values laid down in Annex III.
However, such plants shall at least comply with Annex
VIII.

3. Until 31 December 1999, the Kingdom of Spain may
authorise new power plants with a rated thermal input
equal to or greater than 500 MW burning indigenous or
imported solid fuels, commissioned before the end of
2005 and complying with the following requirements:

(a)

(b)

in the case of imported solid fuels, a sulphur dioxide
emission limit value of 800 mg/Nm3;

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:

(*) Twenty-four months from the date of entry into force of this

Directive.

— 2 000 MWe in the case of plants burning indigenous

(**) Twelve months from the date of entry into force of this Directive.

solid fuels,

28.12.2000

EN

Official Journal of the European Communities

C 375/17

— in the case of plants burning imported solid fuels
either 7 500 MWe or 50 % of all the new capacity
of all plants burning solid fuels authorised up to
31 December 1999, whichever is the lower.

Article 6

Member States may authorise plants burning indigenous lignite
to exceed the emission limit values fixed in accordance with
Article 4 if, notwithstanding the application of best available
technology not entailing excessive costs, major difficulties
connected with the nature of
the lignite so require and
provided that lignite is an essential source of fuel for the
plants.

The Commission shall immediately be informed of such cases,
which shall be the subject of consultation with the Commission
on the appropriate measures to be taken.

This provision shall not apply to new plants for which the
licence is granted pursuant to Article 4(2).

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 where the operator is unable to
comply with these limit values because of an interruption in
the supply of
low-sulphur fuel resulting from a serious
shortage. The Commission shall immediately be informed of
such cases.

The competent authority may allow a derogation from
3.
the obligation to comply with the emission limit values
provided for in Article 4 in cases where a plant which normally
uses only gaseous fuel, and which would otherwise need to be
equipped with a waste gas purification facility, has to resort
exceptionally, and for a period not exceeding 10 days except
where there is an overriding need to maintain energy supplies,
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 inform the Commission immediately of the cases referred
to in this paragraph.

Article 7

Article 9

In the case of new plants for which the licence is granted
pursuant to Article 4(2) or plants covered by Article 11,
Member States shall ensure that the technical and economic
feasibility of providing for the combined generation of heat
and power is examined. Where this feasibility is confirmed,
bearing in mind the market and the distribution situation,
installations shall be developed accordingly.

Article 8

1. Member States shall ensure that provision is made in the
licences or permits referred to in Article 4 for procedures
relating to malfunction or breakdown of
the abatement
equipment. In case of a breakdown the competent authority
shall in particular 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 cumulative
duration of unabated operation in any 12-month period
exceed 120 hours. The competent authority may allow
exceptions to the limits of 24 hours and 120 hours above in
cases where, in their judgment:

(a)

(b)

there is an overriding need to maintain energy supplies,
or

the plant with the breakdown would be replaced for a
limited period by another plant which would cause an
overall increase in emissions.

1.
In the case of plants with a multi-firing unit involving
the simultaneous use of two or more fuels, when granting the
licence referred to in Article 4(1) or (2), and in the case of such
plants covered by Articles 4(3) or 11, the competent authority
shall set the emission limit values as follows:

(a)

(b)

firstly by taking the emission limit value relevant for each
individual fuel and pollutant corresponding to the rated
thermal
the combustion plant as given in
input of
Annexes III to VII,

secondly by determining fuel-weighted emission limit
values, which are obtained by multiplying the above
individual emission limit value by the thermal
input
delivered by each fuel, the product of multiplication being
divided by the sum of the thermal inputs delivered by all
fuels,

(c)

thirdly by aggregating the fuel-weighted limit values.

2.
In multi-firing units using the distillation and conversion
residues from crude-oil refining for own consumption, alone
or with other fuels, the provisions for the fuel with the
highest emission limit value (determinative fuel) shall apply,
notwithstanding paragraph 1, if during the operation of the
combustion plant the proportion contributed by that fuel to
the sum of the thermal inputs delivered by all fuels is at least
50 %.

C 375/18

EN

Official Journal of the European Communities

28.12.2000

Where the proportion of the determinative fuel is lower than
50 %, the emission limit value is determined on a pro rata
basis of the heat input supplied by the individual fuels in
relation to the sum of the thermal inputs delivered by all fuels
as follows:

(a)

(b)

(c)

firstly by taking the emission limit value relevant for each
individual fuel and pollutant corresponding to the rated
heat input of the combustion plant as given in Annexes III
to VII,

secondly by calculating the emission limit value of the
determinative fuel (fuel with the highest emission limit
value according to Annexes III to VII and, in the case of
two fuels having the same emission limit value, the fuel
with the higher thermal input); this value 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 fuel with the lowest emission limit value,

thirdly by determining the fuel-weighted emission limit
values, which are obtained by multiplying the calculated
fuel emission limit value by the thermal input of the
determinative fuel and the other individual emission limit
values by the thermal input delivered by each fuel, the
product of multiplication being divided by the sum of the
thermal inputs delivered by all fuels,

(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 fuel combination used):

(a)

(b)

for plants
and (3):
referred to in Article 4(1)
1 000 mg/Nm3, averaged over all such plants within the
refinery;

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 alternative use of two or more fuels, when granting the
licence referred to in Article 4(1) and (2), and in the case of
such plants covered by Articles 4(3) or 11, the emission limit
values set out in Annexes III to VII corresponding to each fuel
used shall be applied.

Article 10

Waste gases from combustion plants shall be discharged in
controlled fashion by means of a stack. The licence referred to
in Article 4 and licences for combustion plants covered by
Article 11 shall
lay down the discharge conditions. The
competent authority shall in particular ensure that the stack
height is calculated in such a way as to safeguard health and
the environment.

Article 11

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 the new part of the plant and shall be fixed in relation
to the thermal capacity of the entire plant. This provision shall
not apply in the cases referred to in Article 9(2) and (3).

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, the emission 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 12

In the case of construction of combustion plants which are
likely to have significant effects on the environment
in
another Member State, the Member States shall ensure that all
in
appropriate information and consultation takes place,
accordance with Article 7 of Council Directive 85/337/EEC of
27 June 1985 on the assessment of the effects of certain public
and private projects on the environment (1).

Article 13

Member States shall take the necessary measures to ensure the
monitoring, in accordance with Annex IX(A), of emissions
from the combustion plants covered by this Directive and of
all other values required for the implementation of
this
Directive. Member States may require that such monitoring
shall be carried out at the operator’s expense.

Article 14

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 other measurements carried
out in order to assess compliance with this Directive.

(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).

28.12.2000

EN

Official Journal of the European Communities

C 375/19

Article 15

Article 16

In the event of continuous measurements, the emission
1.
limit values set out in part A of Annexes III to VII shall be
regarded as having 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

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 implementation of the programmes.

(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 8 as well as start-up and
shut-down periods shall be disregarded.

2.
In cases where only discontinuous measurements or
other appropriate procedures for determination are required,
the emission limit values set out in Annexes III to VII shall be
regarded as having been complied 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 limit values.

3.
In the cases referred to in Article 5(2) and (3), the rates
of desulphurisation shall be regarded as having been complied
with if the evaluation of measurements carried out pursuant
indicates that all of the calendar
to Annex IX, point A.3,
monthly mean values or all of the rolling monthly mean values
achieve the required desulphurisation rates.

An intermediate report is required as well in the middle of
each phase.

The reports referred to in paragraph 1 shall provide an

2.
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 the waste gases,

(c) measures already taken or envisaged with a view to
reducing emissions, and of changes in the choice of fuel
used,

(d)

(e)

changes in the method of operation already made or
envisaged,

definitive closures of combustion plants already effected
or envisaged, 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 pollutants in the waste gases, Member States shall take
account of Articles 13, 14 and 15.

The periods referred to in Article 8 as well as start-up and
shut-down periods shall be disregarded.

3. Member States applying Article 5 shall report thereon
annually to the Commission.

4.
For new plants for which the licence is granted pursuant
to Article 4(2), the emission limit values shall be regarded, for
operating hours 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 of Annexes III to VII.

The ‘validated average values’ are determined as set out in
point A.6 of Annex IX.

Article 17

The Member States shall determine the penalties applicable to
breaches of the national provisions adopted pursuant to this
Directive. The penalties thus provided for shall be effective,
proportionate and dissuasive.

Article 18

Directive 88/609/EEC shall be repealed with effect from
1.
... (*), without prejudice to the obligations of Member States
concerning the time limits for transposition and application of
that Directive listed in Annex X hereto.

The periods referred to in Article 8 as well as start up and shut
down periods shall be disregarded.

(*) Twelve months from the date of entry into force of this Directive.

C 375/20

EN

Official Journal of the European Communities

28.12.2000

2.
References to Directive 88/609/EEC shall be construed
as references to this Directive and shall be read in accordance
with the correlation table in Annex XI hereto.

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

Article 20

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive before ... (*). They shall forthwith inform the Com-
mission thereof.

When Member States adopt these provisions, 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.

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

Article 21

This Directive is addressed to the Member States.

Done at ...

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 Annex IX shall be applied from ... (**).

For the European Parliament

For the Council

The President

The President

(*) Twelve months from the date of entry into force of this Directive.
(**) Three years from the date of entry into force of this Directive.

28.12.2000

EN

Official Journal of the European Communities

C 375/21

ANNEX I

CEILINGS AND REDUCTION TARGETS FOR EMISSIONS OF SO2 FROM EXISTING PLANTS (1) (2)

0

1

2

3

4

5

6

7

8

9

Member State

SO2
emis-
sions by
large
combus-
tion
plants in
1980
in kilo-
tonnes

Emission ceiling
(kilotonnes/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

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Portugal

530

323

318

213

2 225

1 335

303

320

212

141

890

320

159

106

668

320

2 290

2 290

1 730

1 440

1 910

1 146

99

124

764

124

2 450

1 800

1 500

3

299

115

1,8

180

232

1,5

120

270

573

124

900

1,5

90

–40

–34

–40

+6

0

–40

+25

–27

–40

–40

–60

–56

–60

+6

–24

–60

+25

–39

–50

–60

206

+ 102

+ 135

United Kingdom

3 883

3 106

2 330

1 553

Austria

Finland

Sweden

90

171

112

54

102

67

36

68

45

27

51

34

–20

–40

–40

–40

–40

–60

–60

–60

–70

–67

–70

+6

–37

–70

+25

–63

–60

–70

+79

–60

–70

–70

–70

–40

–40

–40

–45

–21

–40

–29

–40

–40

–40

–25

–20

–40

–40

–40

–60

–60

–60

–45

–40

–60

–29

–50

–50

–60

–13

–40

–60

–60

–60

–70

–70

–70

–45

–50

–70

–29

–70

–50

–70

–34

–60

–70

–70

–70

(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
requirements established 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.

C 375/22

EN

Official Journal of the European Communities

28.12.2000

ANNEX II

CEILINGS AND REDUCTION TARGETS FOR EMISSIONS OF NOx FROM EXISTING PLANTS (1) (2)

0

1

2

3

4

5

6

Member State

NOx emis-
sions (as
NO2) by lar-
ge combus- NOx emission ceilings
tion plants
1980
in kilo-
tonnes

(kilotonnes/year)

% reduction over 1980 % reduction over adjusted

emissions

1980 emissions

Phase

Phase

Phase

Phase

Phase

Phase 2

1993 (3)

1998

1993 (3)

1998

1993 (3)

1998

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Portugal

110

124

870

36

366

400

28

580

3

122

23

88

121

696

70

368

320

50

570

66

81

522

70

277

240

50

428

2,4

1,8

98

59

73

64

United Kingdom

1 016

864

711

Austria

Finland

Sweden

19

81

31

15

65

25

11

48

19

–20

–3

–20

+94

+1

–20

+79

–2

–20

–20

–40

–35

–40

+94

–24

–40

+79

–26

–40

–40

+ 157

+ 178

–15

–20

–20

–20

–30

–40

–40

–40

–20

–10

–20

0

–20

–20

0

–20

–20

–20

–8

–15

–20

–20

–20

–40

–40

–40

0

–40

–40

0

–40

–40

–40

0

–30

–40

–40

–40

(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
requirements established 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.

(3) Member States may for technical reasons delay for up to two years the phase 1 date for reduction in NOx emissions by notifying

the Commission within one month of the notification of this Directive.

28.12.2000

EN

Official Journal of the European Communities

C 375/23

ANNEX III

EMISSION LIMIT VALUES FOR SO2

Solid fuel

A.

SO2 emission limit values expressed in mg/Nm3 (O2 content 6 %) to be applied by new and existing plants
pursuant to Article 4(1) and 4(3) respectively:

B.

SO2 emission limit values expressed in mg/Nm3 (O2 content 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

General case

200

850

200

850 to 200
(linear decrease)

200

200

C 375/24

EN

Official Journal of the European Communities

28.12.2000

ANNEX IV

EMISSION LIMIT VALUES FOR SO2

Liquid fuels

A.

SO2 emission limit values expressed in mg/Nm3 (O2 content 3 %) to be applied by new and existing plants
pursuant to Article 4(1) and 4(3), respectively:

B.

SO2 emission limit values expressed in mg/Nm3 (O2 content 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

850 to 200
(linear decrease)

200

In the case of two installations with a rated thermal input of 250 MWth on Crete and Rhodes, to be licensed
before 31 December 2007, the emission limit value of 1 700 mg/Nm3 shall apply.

28.12.2000

EN

Official Journal of the European Communities

C 375/25

ANNEX V

EMISSION LIMIT VALUES FOR SO2

Gaseous fuels

A.

SO2 emission limit values expressed in mg/Nm3 (O2 content 3 %) to be applied by new and existing plants
pursuant to Article 4(1) and 4(3), respectively:

Type of fuel

Gaseous fuels in general

Liquefied gas

Low calorific gases from gasification of refinery residues, coke oven gas,
blast-furnace gas

Gas from gasification of coal

Limit values
(mg/Nm3)

35

5

800

(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.

SO2 emission limit values expressed in mg/Nm3 (O2 content 3 %) to be applied by new plants pursuant to
Article 4(2):

Gaseous fuels in general

Liquefied gas

Low calorific gases from coke oven

Low caloric gases from blast furnace

35

5

400

200

C 375/26

EN

Official Journal of the European Communities

28.12.2000

ANNEX VI

EMISSION LIMIT VALUES FOR NOX (measured as NO2)

A.

NOx emission limit values expressed in mg/Nm3 (O2 content 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

Solid in general

Solid with less than 10 % volatile compounds

Liquid

Gaseous

Limit values
(mg/Nm3)

650

1 300

450

350

B.

NOx emission limit values expressed in mg/Nm3 to be applied by new plants pursuant to Article 4(2) with the
exception of gas turbines

Solid fuels (O2 content 6 %)

Type of fuel

50 to 100 MWth

100 to 300 MWth

> 300 MWth

General case and biomass

400

300

200

Liquid fuels (O2 content 3 %)

50 to 100 MWth

100 to 300 MWth

> 300 MWth

400

300

200

In the case of two installations with a rated thermal input of 250 MWth on Crete and Rhodes, to be licensed
before 31 December 2007, the emission limit value of 400 mg/Nm3 shall apply.

Gaseous fuels (O2 content 3 %)

Natural gas (1)

Other gases

50 to 300 MWth

> 300 MWth

150

200

100

200

28.12.2000

EN

Official Journal of the European Communities

C 375/27

Gas turbines

NOx emission limit values expressed in mg/Nm3 (O2 content 15 % ) to be applied by a single gas turbine unit
pursuant to Article 4(2) (the limit values apply only above 70 % load):

Natural gas (1)

Liquid fuels (3)

Gaseous fuels (other than natural gas)

> 50 MWth (thermal input at ISO
conditions)

50 (2)

120

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.

Notes

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

constituents.

(2) 75 mg/Nm3 in 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 categories, but having an efficiency greater
than 35 % — determined at ISO base load conditions — the emission limit value shall be 50*(cid:231)/35 where is
the gas turbine efficiency expressed as a percentage (and at ISO base load conditions).

(3) This emission limit value only applies to gas turbines firing light and middle distillates.

C 375/28

EN

Official Journal of the European Communities

28.12.2000

ANNEX VII

EMISSION LIMIT VALUES FOR DUST

A. Dust emission limit values expressed in mg/Nm3 (O2 content 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

Rated thermal input
(MW)

Emission limit values
(mg/Nm3)

Solid

Liquid (1)

Gaseous

¯ 500
< 500

All plants

All plants

50

100

50

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/Nm3 may 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 %.

B.

Dust emission limit values expressed in mg/Nm3 to be applied by new plants, pursuant to Article 4(2), with the
exception of gas turbines:

Solid fuels (O2 content 6 %)

50 to 100 MWth

50

Liquid fuels (O2 content 3 %)

50 to 100 MWth

50

> 100 MWth

30

> 100 MWth

30

In the case of two installations with a rated thermal input of 250 MWth on Crete and Rhodes, to be licensed
before 31 December 2007, the emission limit value of 50 mg/Nm3 shall apply.

Gaseous fuels (O2 content 3 %)

As a rule

For blast furnace gas

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

5

10

30

28.12.2000

EN

Official Journal of the European Communities

C 375/29

ANNEX VIII

RATES OF DESULPHURISATION

(Pursuant to Article 5(2))

A.

Rates of desulphurisation for new and existing plants pursuant to Article 4(1) and 4(3), respectively:

B.

Rates of desulphurisation for new plants pursuant to Article 4(2):

50 to 100 MWth

100 to 300 MWth

> 300 MWth

92 %

92 %

92 %

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

C 375/30

EN

Official Journal of the European Communities

28.12.2000

ANNEX IX

METHODS OF MEASUREMENT OF EMISSIONS

A.

PROCEDURES FOR MEASURING AND EVALUATING EMISSIONS FROM COMBUSTION PLANTS

1.

Until ... (*)

Concentrations of SO2 and dust and NOx shall 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, 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 new plants for which a licence is granted pursuant to Article 4(1) 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 abovementioned substances present in
the emissions.

2.

From ... (**) and without prejudice to Article 19(2)

Competent authorities shall require continuous measurements of concentrations of SO2, NOx, 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 measurements may not be required in the
following cases:

— for combustion plants with a life span of less than 10 000 operational hours,

— for SO2 and dust from natural gas burning boilers or from gas turbines firing natural gas,

— for SO2 from gas turbines or boilers firing oil with known sulphur content in cases where there is

no desulphurisation equipment,

— for SO2 from biomass firing boilers if the operator can prove that the SO2 emissions can under no

circumstances be higher than the prescribed emission limit values.

Where continuous measurements are not required, discontinuous measurements 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 quantity of the abovementioned
pollutants present in the emissions. Such procedures shall use relevant CEN standards as soon as they are
available. If CEN standards are not available ISO standards or national or international standards, which
will ensure the provision of data of an equivalent scientific quality, shall apply.

3.

4.

In the case of plants which must comply with the desulphurisation rates fixed by Article 5(2) and (3), the
requirements concerning SO2 emission measurements established under paragraph 2 of this point shall
apply. Moreover, the sulphur content of the fuel which is introduced into the combustion plant facilities
must be regularly monitored.

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
point 2 are still adequate or require adaptation.

(*) Three years from the date of entry into force of this Directive.
(**) 12 months from the date of entry into force of this Directive.

28.12.2000

EN

Official Journal of the European Communities

C 375/31

5.

The continuous measurements carried out in compliance with point 2 shall include the relevant process
operation parameters of oxygen content, temperature, pressure and water vapour content. 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.

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 or national or international standards, which will ensure the provision of data of an equivalent
scientific 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 10 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.

B.

DETERMINATION OF TOTAL ANNUAL EMISSIONS OF COMBUSTION PLANTS

Until and including 2003 the competent authorities shall obtain determination of the total annual emissions of
SO2 and NOx from 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 point A.1 to the satisfaction of the
competent authorities.

Member States shall communicate to the Commission the total annual SO2 and NOx emissions of new
combustion plants at the same time as the communication required under point 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, NOx and
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, NOx and dust (as total suspended particles),

— 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 12 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 375/32

EN

Official Journal of the European Communities

28.12.2000

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 existing plants covering SO2 and NOx:

— on a plant-by-plant basis for plants above 300 MWth and for refineries,

— on an overall basis for other combustion plants to which this Directive applies.

2.

3.

4.

The methodology used for these inventories shall be consistent with that used to determine SO2 and NOx
emissions from combustion plants in 1980.

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.

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.

28.12.2000

EN

Official Journal of the European Communities

C 375/33

TIME LIMITS FOR TRANSPOSITION AND IMPLEMENTATION OF THE REPEALED DIRECTIVE

[Referred to in Article 18(1)]

ANNEX X

Directives

Time limits for transposition

Time limits for application

88/609/EEC (OJ L 336, 7.12.1988, p.1)

30 June 1990

94/66/EC (OJ L 337, 24.12.1994, p. 83)

24 June 1995

1 July 1990
31 December 1990
31 December 1993
31 December 1998
31 December 2003

C 375/34

EN

Official Journal of the European Communities

28.12.2000

ANNEX XI

CORRELATION TABLE

[Referred to in Article 18(2)]

This Directive

Directive 88/609/EEC

Article 1

Article 2

Article 3

Article 4(1)

Article 4(2), (3) and (4)

Article 4(5)

Article 4(6), (7) and (8)

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 1

Article 2

Article 3

Article 4(1)

Article 4(3)

Article 5

Article 6

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13(1)

Article 14

Article 15

Article 16(1), (2) and (3)

Article 16(1), (2) and (4)

Article 17

Article 18

Article 19(1) and (4)

Articles 19(2) and (3) and 20

Article 21

Annexes I to IX

Annex X and XI

Article 17 (1) and (2)

Article 18

Annexes I to IX

—

28.12.2000

EN

Official Journal of the European Communities

C 375/35

STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

1. On 8 July 1998, the Commission presented to the Council its proposal for a Directive of the
European Parliament and of the Council amending Directive 88/609/EEC of the Council on the
limitation of emissions of certain pollutants into the air from large combustion plants (1). The
proposal was based on former Article 130s(1), now 175(1) of the Treaty.

2.

The European Parliament gave its opinion on 14 April 1999 (2).

The Economic and Social Committee gave its opinion on 27 January 1999 (3).

The Committee of the Regions decided at its session of 28 June 1999 that it would not give an
opinion.

3.

Following these opinions, the Commission forwarded an amended proposal (4) to the Council
on 25 November 1999.

4. On 9 November 2000, the Council adopted its Common Position (5) in accordance with

Article 251(2) of the Treaty.

II. OBJECTIVE

The aim of the Directive is to update the emission limit values applicable to plants licensed after the
proposal comes into force and to extend the scope of the Directive to include gas turbines from the
same date. The Common Position also includes more stringent requirements than currently apply
for plants for which a licence was issued prior to 1 July 1987.

The Common Position both amends and recasts Directive 88/609/EEC, in conformity with the draft
Interinstitutional Agreement on a more structured use of the recasting technique for legal acts (5).
This procedure requires the repeal of the original Directive and any existing amending legislation. It
should also facilitate implementation of the new amendments into national legislation.

III. ANALYSIS OF THE COMMON POSITION

1. General

The Council’s Common Position extends the scope of the Commission’s proposal by also
applying emission limit values (ELVs) or other provisions to those combustion plants licensed
before 1 July 1987 (‘existing plants’). The new Directive will, therefore, cover three types of
plant:

— existing plants,

(1) OJ C 300, 29.9.1998, p. 6.
(2) OJ C 219, 30.7.1999, p. 243.
(3) OJ C 101, 12.4.1999, p. 55.
(4) OJ C 215, 25.7.2000, p. 36.
(5) OJ C ...

C 375/36

EN

Official Journal of the European Communities

28.12.2000

— ‘old new plants’ (licensed after 1 July 1987 and before the entry into force of this

Directive),

— ‘new new plants’ (those licensed after the date of entry into force of this Directive).

The last category must comply with more stringent ELVs than the first two. This extension
reflects a number of the Parliament’s proposed amendments. These amendments were not
reflected in the Commission’s amended proposal as it saw this proposal as part of a package of
measures to combat acidification and ozone, the principal element of this package being, in the
Commission’s view, the proposal for a Directive on National Emission Ceilings. Given that the
Council ultimately reached its Common Positions on both of these proposals together, the
Commission was able to accept the view that existing plants should be included in this
proposal.

2.

Parliament amendments

The Council has adopted fully or in part 9 of the 15 European Parliament amendments (1, 3,
5, 8, 10, 12, 14, 15 and 20). It has not included in the Common Position amendments 2, 4, 6,
7, 11 and 13 as it followed the arguments of the Commission who had not accepted these
amendments.

3. Most important innovations introduced by the Council

Article 4 of the Common Position extends the application of the proposal to existing plants
and, in so doing, addresses the principle of the European Parliament’s amendments (8, 10, 12,
14 and 20).

This Article provides Member States with two alternatives for the treatment of existing plants,
which must be achieved by 1 January 2008:

— compliance with the ELVs and other conditions set for ‘old new plants’; or

— compliance with a national emission reduction plan, in accordance with guidelines to be
issued by the Commission, leading to the same emission level that would have been
achieved by applying the abovementioned ELVs to the existing plants in operation in the
year 2000.

Existing plants may be exempt from these obligations if, before 30 June 2004, an operator
declares not to operate the plant for more than 20 000 hours from 1 January 2008.

Article 2 and Annex VI were amended to ensure consistency with other Community legislation
in relation to biomass; the Annex was also amended in relation to gas turbines.

Articles 5, 6, 8 and 9 have been amended to ensure that they apply equally to existing plants
as well as ‘old new plants’.

28.12.2000

EN

Official Journal of the European Communities

C 375/37

Article 7 was amended to clarify that the responsibility of the Member States is to ensure that
the technical and economic feasibility of providing for combined generation of heat and power
is examined in the case of new plants licensed after this proposal comes into effect and in the
case of other plants subject to an extension of greater than 50 MWth.

Annex IX was amended to take account of the inclusion of existing plants and to ensure no
lacuna in reporting requirements following the repeal of the existing Directive.

Article 18, Annexes X and XI and changes to recitals 1 and 19 are required in relation to the
recasting procedure.