Opinion of the Commission pursuant to Article 251 (2) (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a  Directive of the European Parliament and of the Council  relating on the limitation of emissions of certain pollutants into the air from large combustion plants amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2001-04-24
Institutions: European Commission
Subjects: air quality, chemical process, environmental protection, pollution control measures, technological change

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 24.4.2001
COM(2001) 222 final

1998/0225 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2) (c) of the EC Treaty, on the European Parliament's
amendments to the Council's common position regarding the proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

relating on the limitation of emissions of certain pollutants into the air from large
combustion plants

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250 (2) of the EC Treaty

EXPLANATORY MEMORANDUM

Article 251, paragraph 2, letter c) of the Treaty establishing the European Community
establishes that the Commission gives an opinion on the amendments proposed by the
European Parliament in the second reading.

The Commission hereafter gives its opinion on the eighteen amendments adopted by the
European Parliament.

1.

BACKGROUND

to the Council and the European
Transmission of
Parliament (COM(1998)415 final) (in accordance with Article 175 (1)
of the Treaty)

the Proposal

25 Jul 1998

Opinion of the Economic and Social Committee

Opinion of the Committee of the Regions

Opinion of the European Parliament – first reading

28 January 1999

No opinion

14 April 1999

Amended Proposal of the Commission (COM(1999)611 final)

25 November 1999

Adoption of the Common Position

Communication from the Commission to the European Parliament
concerning the Common Position (SEC (2000)568 final)

09 November 2000

14 November 2000

Opinion of the European Parliament – second reading

14 March 2001

The second reading of the European Parliament aims to strengthens the Common Position in a
number of areas. It introduces a cut-off date, 2012, for the use of the 20 000 hours derogation
for existing plants (Am. 4). The provision of a less stringent emission limit value for SO2 for
plants operating for less than 2 200 hours per annum, averaged over a five year period, has
been curtailed to plants operating for less than 700 hours (Am.33). It deletes the exemptions
and rewording of the less demanding provision for indigenous fuel (Ams. 7, 9, 21 and the
nota bene paragraphs of Ams. 35 and 36) and it tightens the emission limit values (Ams.35-
37, 16 and 38-40). The remaining amendments extend the review clause (Am. 5), propose
changes to calculation of gas turbine efficiency (Am. 20), reduce confidence levels (Am. 22),
and are of a technical/drafting nature (Ams. 2, 3 and 12).

2.

OBJECTIVE OF THE COMMISSION PROPOSAL

The purpose of the Commission’s Proposal was to update the emission limit values applicable
to plants licensed after the proposal comes into force and to extend the scope of Directive
88/609 to include gas turbines from the same date. The Common Position also includes more
stringent requirements than currently prevail for plants for which a license was issued prior to
1 July 1987; so-called “existing plants.

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3.

COMMISSION OPINION ON THE AMENDMENTS ADOPTED BY THE PARLIAMENT

On 14 March 2001, the European Parliament adopted 18 amendments. 10 amendments have
been accepted by the Commission in full (Amendments 3, 4, 7, 9, 12, 16, 21, 36, 39, 40), 4 in
part or in principle (Amendments 2, 5, 35 (2nd part), 38). The remaining amendments (20, 22,
33, 35 (1st part), 37 ) cannot be accepted.

The Commission’s position with regard to the amendments adopted by the European
Parliament is as follows:

3.1.

Amendments accepted by the Commission

“Existing” plants as defined in Directive 88/609 may be exempt from the basic obligations
concerning new emission standards if there is a commitment to the competent authority
before 30 June 2004 to close the plant within 20000 operational hours from 1 January 2008.

Amendment 4 proposes to specify that this exemption window must end by 31 December
2012. From both an enlargement and liberalised market perspective it is desirable to have
harmonised environmental standards as soon as practicable. Thus the Commission can accept
this amendment.

Since 1988, Directive 88/609 has contained different environmental standards for indigenous
solid fuels versus imported solid fuels. Amendment 7 and 21 aim to delete Article 5.2 and
Annex VIII of the Common Position respectively. These amendments remove the alternative
desulphurisation requirements that only apply to indigenous solid fuels when the emission
limit values in Annex III cannot be met due to the nature of the fuel. Amendment 9 seeks to
remove special provisions for indigenous lignite. Amendments 35 (Nota Bene ) and 36 (Note
Bene) propose to include alternative measures for solid fuels where the emission limit values
in Annex III.A and III.B respectively of the Common Position cannot be met due to the nature
of the fuel. However, the desulphurisation requirements in the Nota Bene are more stringent
as they will apply whether the solid fuel is indigenous or imported. The Nota Bene in
to the Nota Bene in amendments 13 and 14
Amendments 35 and 36 are equivalent
respectively which were accepted by the Commission. However amendments 13 and 14 were
not adopted by the Parliament.

It has become apparent that the diverging treatment of indigenous solid fuel compared to
other solid fuel could be incompatible with the increasing commercial mandate of the large
combustion plant sector and in particular against a background of multinational ownership
liberalisation. Given the time period for repeal of the existing
and electricity market
provisions for indigenous solid fuels and the absence of any notification to the Commission
that the existing provisions for indigenous solid fuels were ever used , the Commission can
accept amendments 7, 9, 21 and the Nota Bene in amendments 35 and 36.

Amendment 38 seeks to tighten the emission limit values for nitrogen oxides for existing
plants and in particular for plants with a capacity greater than 300 MWth. In the case of
nitrogen oxides the Common Position will only have a very marginal effect on emissions due
to the less stringent emission limit values contained therein. In view of the ongoing need to
further reduce emissions of nitrogen oxides given their contribution to acidification and the
formation of tropospheric ozone, more stringent emission limit values than those in the
Common Position are desirable. At the same time it is important to ensure that the standards
imposed are not excessively costly for small plants in particular. This part of amendment 38 is
equivalent to amendment 17 for plants in the same size category which was accepted by the

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Commission. However, amendment 17 was not adopted by the Parliament. Therefore, the
Commission can partly accept amendment 38 for plants with a capacity greater than 300
MWth.

In the case of sulphur dioxide, Amendments 16 and 36 (1st part), and in the case of nitrogen
dioxide, Amendments 39 and 40, propose to tighten emission limit values for plant that will
be licensed after the Directive comes into force. The Commission can also accept some
increased stringency in this case as the environmental requirements can be integrated into
investment decisions and cost effective solutions can be developed. Amendment 36 (1st part)
is equivalent to amendment 14 (1st part) which was accepted by the Commission but was not
adopted by the Parliament. As amendments 16, 36(1st part), 39 and 40 only result in increased
stringency for plants in the 100 to 300 MWth size category, they are acceptable to the
Commission.

Amendments 3 and 12 deal with the gradual repeal of Directive 88/609 and the entry into
force of the new directive. Amendment 12 establishes a date of 31 Dec 2007 for the
application of more stringent emission limit values to new plants licensed since 1 July 1987
and covered by Article 4.1 of the Common Position. It is necessary to have a transition period
to comply with new emission limit values for plants licensed under Article 4.1. The
Commission can accept these amendments as, in their absence, the transition period for
compliance for this category of plants would not apply. The final drafting of amendment 12
may need further revision to ensure consistency with the outcome of considerations on other
amendments proposed by Parliament.

3.2.

Amendments accepted in principle by the Commission

Amendment 2 seeks to align the list of wastes used as a fuel in the Common Position with the
list of wastes which are exempt from the recently adopted directive on waste incineration
(2000/76/EC) thus ensuring continuous coverage between the two legislative instruments. The
Commission can accept this amendment in principle subject to ensuring that the final text
ensures continuity of legal coverage between the two directives.

Amendment 5 seeks to include emissions of heavy metals from the large combustion plant
sector in the review foreseen in Article 4.7. It also seeks to include consideration of emissions
from sea and air transport as well as proposals for curbing emissions from these sectors. The
Commission can accept this part of the amendment in so far as it relates to heavy metal
emissions and can accept in principle that part of the amendment concerning emissions from
large combustion plants in the marine sector. However, the Commission cannot accept
including consideration of emissions from aircraft within the scope of stationary source
legislation given the different application characteristics in the aviation sector.

3.3.

Amendments not accepted by the Commission

Amendment 33 seeks to reduce the operating time averaged over a five-year period from 2200
hours per year to 700 hours per year during which a higher emission limit value of 800
mg/Nm3 than would otherwise apply may prevail. An analysis conducted by the Commission
shows that the Common Position will substantially reduce emissions of sulphur dioxide in the
Community and especially upon enlargement. Thus there is little justification for this
amendment and therefore the Commission cannot accept amendment 33.

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Amendment 35 (1st part) and amendment 37 propose to tighten the emission limit values for
sulphur dioxide applicable to “existing” and “new” plants as covered by Article 4 (1)
respectively. Given the substantial reduction in sulphur dioxide emissions from the large
combustion plant sector resulting from the Common Position, the geographic distribution of
the emission reductions and the provision of a review in Article 4.7 to assess the potential for
further emission reductions from the large combustion plant sector, the Commission cannot
accept these amendments.

Amendment 20 deals with gas turbines. It seeks to reduce the stringency of the Common
Position by reducing the cycle efficiency threshold to 70% from 75% for gas turbines in
combined heat and power applications under which a higher emission limit value of 75
mg/Nm3 is allowed. In the case of combined cycle applications for gas turbines with a
capacity of less than 250 MWth, it reduces the efficiency threshold from 55% to 50% above
which the higher emission limit value of 75 mg/Nm3 may apply. It also seeks further
definition of the conditions under which efficiency is calculated. In addition it seeks to
exempt gas turbines with multi-fuel combustion operated with light fuel oil as an emergency
fuel for less than 500 hours annually. The Commission cannot accept this amendment as it
weakens the Common Position, adds detail that is not necessary and seeks exemptions for
emergency use that are not necessary.

Amendment 22 seeks to make the compliance criteria for plants covered by Article 4 (2) i.e.
licensed after entry into force of the new directive more stringent, by reducing the confidence
intervals used in calculating validated daily averages. The confidence intervals for the
pollutants in question are the same as those recently adopted in the Directive on Waste
Incineration (2000/76/EC). They reflect measurement uncertainty, the benefit of which is
granted to the operator when assessing compliance. As the Commission has no evidence to
this
support a reduction of
amendment.

the confidence intervals the Commission cannot accept

3.4.

Amended Proposal

Having regard to Article 250, paragraph 2 of the EC Treaty, the Commission modifies its
proposal as indicated above.

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