Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants
Date: 2001-10-23
Institutions: Council of the European Union, European Parliament
Subjects: air quality, combustion gases, environmental protection, industrial pollution, pollution control, public health

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I

(Acts whose publication is obligatory)

DIRECTIVE 2001/80/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 23 October 2001

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(3)

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),

All Member States have signed the Gothenburg Protocol
of 1 December 1999 to the 1979 Convention of the
United Nations Economic Commission for Europe
(UNECE) on long-range transboundary air pollution to
eutrophication and ground-level
abate
ozone, which includes, inter alia, commitments to reduce
emissions of sulphur dioxide and oxides of nitrogen.

acidification,

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

(4)

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3), in the light of the joint text approved by
the Conciliation Committee on 2 August 2001,

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.

(1) OJ C 300, 29.9.1998, p. 6, OJ C 212 E, 25.7.2000, p. 36.
(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 (OJ C 375, 28.12.2000, p. 12) and Decision of the European
Parliament of 14 March 2001 (not yet published in the Official
Journal). Decision of the European Parliament of 20 September
2001 and Decision of the Council of 27 September 2001.

(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)

(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
combustion plants
from large
cannot 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,
is more effective to take action at
Community level.

it

large

plants

combustion
to emissions of

significant
Existing
contributors
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.

are
sulphur dioxide

integrated

Council Directive 96/61/EC of 24 September 1996
concerning
and
control (6) sets out an integrated approach to pollution
prevention and control in which all the aspects of an
installation’s environmental performance are considered

prevention

pollution

(5) OJ C 138, 17.5.1993, p. 1.

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

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in an integrated manner; combustion installations with a
input exceeding 50 MW are included
rated thermal
within the scope of that Directive; pursuant to 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 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

condition

Compliance with the emission limit values laid down by
this Directive should be regarded as a necessary but not
sufficient
the
requirements 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.

compliance with

for

(15)

(16)

(17)

(18)

experience

Industrial
of
techniques for the reduction of polluting emissions from
large combustion plants has been acquired over a period
of 15 years.

implementation

the

in

In view of
the increase in energy production from
biomass, specific emission standards for this fuel are
justified.

strategy

The Council Resolution of 24 February 1997 on a
for waste management (2)
Community
emphasises the need for promoting waste recovery and
states that appropriate emission standards should apply
to the operation of
is
facilities
incinerated in order to ensure a high level of protection
for the environment.

in which waste

Industrial
experience has been gained concerning
techniques 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
a
framework securing comparable measurement
results
within the Community and guaranteeing a high level of
quality of such measurements.

aim of providing

There is a need to improve knowledge concerning the
from large
the principal pollutants
emission of
combustion
genuinely
plants.
representative of the level of pollution of an installation,
such information should also be
associated with
knowledge concerning its energy consumption.

order

be

to

In

The Protocol on heavy metals to the UNECE Convention
on long-range transboundary air pollution recommends
the adoption of measures
to reduce heavy metals
emitted by certain installations. It is known that benefits
abatement
emissions by dust
from reducing dust
reducing
on
benefits
equipment will
particleﬂbound heavy metal emissions.

provide

(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

(8)

(9)

(10)

(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
effect of distributing new
production capacity among new arrivals in the sector.

to have

the

Article 2

For the purpose of this Directive:

(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 for significantly improving overall efficiency
in fuel use.

(1)

(2)

(14) A significant

increase in the use of natural gas for
producing electricity is already underway and is likely to
continue, in particular through the use of gas turbines.

(cid:145)emission(cid:146) means the discharge of substances from the
combustion plant into the air;

(cid:145)waste gases(cid:146) 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);

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

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

(3)

(4)

(5)

(6)

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(cid:145)emission limit value(cid:146) means the permissible quantity of a
from the
contained in the waste gases
substance
combustion plant which may be discharged into the air
during a given period; it shall be calculated in terms of
mass per volume of
the waste gases expressed in
mg/Nm3, 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;

(c)

facilities for the regeneration of catalytic cracking
catalysts;

(d) facilities for the conversion of hydrogen sulphide into

sulphur;

(e) reactors used in the chemical industry;

(cid:145)rate of desulphurisation(cid:146) 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;

(cid:145)operator(cid:146) means any natural or
legal person who
operates the combustion plant, or who has or has been
delegated decisive economic power over it;

(cid:145)fuel(cid:146) means any solid,
liquid or gaseous combustible
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
and Council Directive
the
94/67/EC of 16 December 1994 concerning
incineration of hazardous waste (3) or any subsequent
Community act repealing and replacing one or more of
these Directives;

incineration plants (2),

(7)

(cid:145)combustion plant(cid:146) 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
the products of
those which make direct use of
In particular,
combustion in manufacturing processes.
this Directive
following
combustion plants:

shall not

apply

the

to

(a) plants in which the products of combustion are used
for the direct heating, drying, or any other treatment
of objects or materials
reheating furnaces,
furnaces for heat treatment;

e.g.

(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;

(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.

(f) coke battery furnaces;

(g) cowpers;

(h) any technical apparatus used in the propulsion of a

vehicle, ship or aircraft;

(i) gas turbines used on offshore platforms;

(j) gas turbines licensed before 27 November 2002 or
which in the view of the competent authority are the
for a licence before 27
subject of a full request
November 2002 provided that the plant is put into
operation no later than 27 November 2003 without
prejudice to Article 7(1) and Annex VIII(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 judgement
of the competent authorities, be discharged through a
common stack, the combination formed by such plants
shall be regarded as a single unit;

(8)

(9)

(cid:145)multi-fuel firing unit(cid:146) means any combustion plant which
may be fired simultaneously or alternately by two or
more types of fuel;

(cid:145)new plant(cid:146) 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;

(10)

(cid:145)existing plant(cid:146) means any combustion plant for which
the original construction licence or,
in the absence of
the original operating licence was
such a procedure,
granted before 1 July 1987;

(11)

(cid:145)biomass(cid:146) 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;

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(b) vegetable waste from the food processing industry, if

the heat generated is recovered;

(c)

fibrous vegetable waste from virgin pulp production
and from production of paper from pulp,
it is
the place of production and the
co-incinerated at
heat generated is recovered;

if

(d) cork waste;

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

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

such wood waste

originating

(12)

(cid:145)gas turbine(cid:146) 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
the working fluid, and a
turbine.

to heat

(13)

French Overseas
(cid:145)Outermost Regions(cid:146) means
Departments with regard to France,
the Azores and
Madeira with regard to Portugal and the Canary Islands
with regard to Spain.

the

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
implementation of the provisions of Article 4 that apply to
existing plants.

in those Annexes,

specified

dates

until

the

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

If a substantial and unexpected change in energy
4.
4.
demand or
in the availability of certain fuels or certain
generating installations creates serious technical difficulties for
its programme
the implementation by a Member State of
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

for

licences

to ensure that all

1. Without prejudice to Article 17 Member States shall take
appropriate measures
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
27 November 2002, provided that
into
operation no later than 27 November 2003 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.

the plant

is put

2. 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, 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.

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, 7 and 8.

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)

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 operational hours starting from 1
January 2008 and ending no later than 31 December
2015;

(1) OJ L 296, 21.11.1996, p. 55.

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(b)

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 10. 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
2001/81/EC of the European Parliament and of the Council of
23 October 2001 on national emission ceilings for certain
atmospheric pollutants (1) and Directive 96/62/EC, define and
implement a national emission reduction plan for existing
plants,
inter alia, compliance with the
taking into account,
ceilings as set out in Annexes I and II.

(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
the
requirements of this paragraph are met;

taken in order

to ensure that

it has

(d)

the Commission shall, no later than 27 November 2002,
develop guidelines
in the
preparation of their plans.

to assist Member States

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
to the European Parliament and the
shall submit a report
Council in which it shall assess:

(a)

the need for further measures;

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.

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

(b)

(c)

(d)

(e)

amounts of heavy metals

the
combustion plants;

emitted

by

large

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
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;

for

set

The national
emission reduction plan may under no
circumstances exempt a plant from the provisions laid down
alia
in relevant Community
Directive 96/61/EC.

legislation,

including

inter

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;

(f)

any national emission reduction plans provided by
Member States in accordance with paragraph 6.

The Commission shall
include in its report an appropriate
proposal of possible end dates or of lower limit values for the
derogation contained in footnote 2 to Annex VI A.

The

report

8.
as
appropriate, be accompanied by related proposals, having
regard to Directive 96/61/EC.

referred to in paragraph 7 shall,

(b) Member States shall communicate their national emission
reduction plan to the Commission no later than 27
November 2003;

By way of derogation from Annex III:

(1) See p. 22 of this Edition of the Official Journal.

(1)

Plants, of a rated thermal input equal to or greater than
400 MW, which do not operate more than the following

Article 5

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numbers of hours a year (rolling average over a period of
five years),

(cid:151) until 31 December 2015, 2 000 hours;

(cid:151) from 1 January 2016, 1 500 hours;

shall be subject
emissions of 800 mg/Nm3.

to a limit value for sulphur dioxide

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

(2) 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)

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

(b)

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:

(cid:151) 2 000 MWe in the case of plants burning indigenous

solid fuels;

(cid:151) in the case of plants burning imported solid fuels
either 7 500 or 50 % of all the new capacity of all
plants burning solid fuels authorised up to 31
December 1999, whichever is the lower.

duration of unabated operation in any twelve-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 judgement:

(a)

there is an overriding need to maintain energy supplies,
or

(b)

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

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
resulting from a serious
fuel
shortage. The Commission shall
immediately be informed of
such cases.

low-sulphur

3.
The competent authority may allow a derogation from
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,
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.
inform the Commission immediately of
Member States shall
the cases referred to in this paragraph.

to the use of other

Article 6

Article 8

In the case of new plants for which the licence is granted
to Article 4(2) or plants covered by Article 10,
pursuant
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.

In the case of plants with a multi-firing unit involving
1.
the simultaneous use of two or more fuels, when granting the
licence referred to in Articles 4(1) or 4(2), and in the case of
such plants covered by Articles 4(3) or 10, the competent
authority shall set the emission limit values as follows:

Article 7

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
In no circumstances shall the cumulative
within 48 hours.

(a)

(b)

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

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(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
apply,
notwithstanding paragraph 1 above, 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 %.

(determinative

value

limit

shall

fuel)

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):

referred

for plants
(3):
1 000 mg/Nm3, averaged over all such plants within the
refinery;

to in Article 4(1)

and

(a)

(b)

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 10, the emission limit
values set out in Annexes III to VII corresponding to each fuel
used shall be applied.

Article 9

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 10 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 10

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
the plant and shall be fixed in
apply to the new part of
relation to the thermal capacity of
the entire plant. This
provision shall not apply in the cases referred to in Article 8(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
in respect of sulphur dioxide, nitrogen
oxides and dust shall apply.

to VII

Article 11

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

the Member States

Article 12

Member States shall take the necessary measures to ensure the
monitoring,
in accordance with Annex VIII(A), of emissions
from the combustion plants covered by this Directive and of
this
all other values

the implementation of

required for

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.

(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).

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Official Journal of the European Communities

27.11.2001

Directive. Member States may require that such monitoring
shall be carried out at the operator’s expense.

The (cid:145)validated average values(cid:146) are determined as set out in
point A.6 of Annex VIII.

Article 13

The periods referred to in Article 7 as well as start up and shut
down periods shall be disregarded.

informs

Member States shall take appropriate measures to ensure that
authorities within
the operator
the
reasonable time limits about
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.

competent
the results of

Article 14

1.
In the event of continuous measurements, the emission
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

(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 7 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 to
Annex VIII, point A.3,
the calendar
monthly mean values or all of
the rolling monthly mean
values achieve the required desulphurisation rates.

indicates that all of

The periods referred to in Article 7 as well as start-up and
shut-down periods shall be disregarded.

For new plants for which the licence is granted pursuant
4.
to Article 4(2), the emission limit values shall be regarded, for
operating hours within a calendar year, as complied with if:

(a)

(b)

no validated daily average value exceeds the relevant
figures set out in part B of Annexes III to VII, and

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.

Article 15

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.

An intermediate report is required as well
each phase.

in the middle of

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)

(f)

changes in the method of operation already made or
envisaged,

definitive closures of combustion plants already effected
or envisaged, and

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 12, 13 and 14.

3. Member States applying Article 5 or the provisions of
the Nota Bene in Annex III or the footnotes in Annex VI.A
shall report thereon annually to the Commission.

Article 16

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.

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L 309/9

Article 17

1.
Directive 88/609/EEC shall be repealed with effect from
27 November 2002, without prejudice to paragraph 2 or to
the obligations of Member States concerning the time limits
for transposition and application of that Directive listed in
Annex IX hereto.

2.
In the case of new plants licensed before 27 November
2002 Article 4(1) of this Directive, Article 4(1), Article 5(2),
Article 6, Article 15(3), Annexes III, VI, VIII and point A.2 of
Annex IX to Directive 88/609/EEC as amended by Directive
94/66/EC shall remain in effect until 1 January 2008 after
which they shall be repealed.

References to Directive 88/609/EEC shall be construed as
3.
references to this Directive and shall be read in accordance
with the correlation table in Annex X hereto.

these provisions,

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

2.
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 VIII shall be applied from 27 November 2004.

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

This Directive shall enter
publication in the Official Journal of the European Communities.

into force on the day of

its

Article 20

This Directive is addressed to the Member States.

Article 18

Done at Luxembourg, 23 October 2001.

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive before 27 November 2002. They shall
forthwith
inform the Commission thereof.

For the European Parliament

The President

N. FONTAINE

For the Council

The President

A. NEYTS-UYTTEBROECK

L 309/10

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Official Journal of the European Communities

27.11.2001

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

ANNEX I

0

1

2

3

4

5

6

7

8

9

Member State

SO2 emissions
by large
combustion
plants 1980
ktonnes

Emission ceiling
(ktonnes/year)

% reduction over 1980 emissions

% 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

530

323

318

213

Germany

2 225

1 335

303

320

212

141

890

320

159

106

668

320

2 290

2 290

1 730

1 440

ﬂ 40

ﬂ 34

ﬂ 40

+ 6

0

ﬂ 40

+ 25

ﬂ 27

ﬂ 40

ﬂ 40

ﬂ 60

ﬂ 56

ﬂ 60

+ 6

ﬂ 24

ﬂ 60

+ 25

ﬂ 39

ﬂ 50

ﬂ 60

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

206

+ 102

+ 135

3 883

3 106

2 330

1 553

90

171

112

54

102

67

36

68

45

27

51

34

ﬂ 20

ﬂ 40

ﬂ 40

ﬂ 40

ﬂ 40

ﬂ 60

ﬂ 60

ﬂ 60

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Portugal

United
Kingdom

Austria

Finland

Sweden

ﬂ 70

ﬂ 67

ﬂ 70

+ 6

ﬂ 37

ﬂ 70

+ 25

ﬂ 63

ﬂ 60

ﬂ 70

+ 79

ﬂ 60

ﬂ 70

ﬂ 70

ﬂ 70

ﬂ 40

ﬂ 40

ﬂ 40

ﬂ 45

ﬂ 21

ﬂ 40

ﬂ 29

ﬂ 40

ﬂ 40

ﬂ 40

ﬂ 25

ﬂ 20

ﬂ 40

ﬂ 40

ﬂ 40

ﬂ 60

ﬂ 60

ﬂ 60

ﬂ 45

ﬂ 40

ﬂ 60

ﬂ 29

ﬂ 50

ﬂ 50

ﬂ 60

ﬂ 13

ﬂ 40

ﬂ 60

ﬂ 60

ﬂ 60

ﬂ 70

ﬂ 70

ﬂ 70

ﬂ 45

ﬂ 50

ﬂ 70

ﬂ 29

ﬂ 70

ﬂ 50

ﬂ 70

ﬂ 34

ﬂ 60

ﬂ 70

ﬂ 70

ﬂ 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.

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Official Journal of the European Communities

L 309/11

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

ANNEX II

0

1

2

3

4

5

6

Member State

NOx emissions (as NO2)
by large combustion
plants 1980
ktonnes

NOx emission ceilings
(ktonnes/year)

% reduction over 1980 emissions

% reduction over adjusted 1980
emissions

Phase 1

Phase 2

Phase 1

Phase 2

Phase 1

Phase 2

1993 (1)

1998

1993 (1)

1998

1993 (1)

1998

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Portugal

110

124

870

36

366

400

28

580

3

122

23

United Kingdom

1 016

Austria

Finland

Sweden

19

81

31

88

121

696

70

368

320

50

570

2,4

98

59

864

15

65

25

66

81

522

70

277

240

50

428

1,8

73

64

711

11

48

19

ﬂ 20

ﬂ 3

ﬂ 20

+ 94

+ 1

ﬂ 20

+ 79

ﬂ 2

ﬂ 20

ﬂ 20

ﬂ 40

ﬂ 35

ﬂ 40

+ 94

ﬂ 24

ﬂ 40

+ 79

ﬂ 26

ﬂ 40

ﬂ 40

+ 157

+ 178

ﬂ 15

ﬂ 20

ﬂ 20

ﬂ 20

ﬂ 30

ﬂ 40

ﬂ 40

ﬂ 40

ﬂ 20

ﬂ 10

ﬂ 20

0

ﬂ 20

ﬂ 20

0

ﬂ 20

ﬂ 20

ﬂ 20

ﬂ 8

ﬂ 15

ﬂ 20

ﬂ 20

ﬂ 20

ﬂ 40

ﬂ 40

ﬂ 40

0

ﬂ 40

ﬂ 40

0

ﬂ 40

ﬂ 40

ﬂ 40

0

ﬂ 30

ﬂ 40

ﬂ 40

ﬂ 40

(1) 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.

(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.

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Official Journal of the European Communities

27.11.2001

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:

mg SO2/Nm3

2000

1500

1000

500

400

50

100

500

MWth

NB. Where the emission limit values above cannot be met due to the characteristics of the fuel, a rate of desulphurisation of at
least 60 % shall be achieved in the case of plants with a rated thermal input of less than or equal to 100 MWth, 75 % for
plants greater than 100 MWth and less than or equal to 300 MWth and 90 % for plants greater than 300 MWth. For plants
greater than 500 MWth, a desulphurisation rate of at least 94 % shall apply or of at least 92 % where a contract for the
fitting of flue gas desulphurisation or lime injection equipment has been entered into, and work on its installation has
commenced, before 1 January 2001.

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

200 (1)

200

200

(1) Except in the case of the (cid:145)Outermost Regions(cid:146) where 850 to 200 mg/Nm3 (linear decrease) shall apply.

NB. Where the emission limit values above cannot be met due to the characteristics of the fuel, installations shall achieve 300
mg/Nm3 SO2, or a rate of desulphurisation of at least 92 % shall be achieved in the case of plants with a rated thermal input
of less than or equal to 300 MWth and in the case of plants with a rated thermal input greater than 300 MWth a rate of
desulphurisation of at least 95 % together with a maximum permissible emission limit value of 400 mg/Nm3 shall apply.

27.11.2001

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Official Journal of the European Communities

L 309/13

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:

mg SO2/Nm3

2000

1700

1500

1000

500

400

50

100

300

500

MWth

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

850

400 to 200
(linear decrease) (1)

> 300 MWth

200

(1) Except in the case of the (cid:145)Outermost Regions(cid:146) where 850 to 200 mg/Nm3 (linear decrease) shall apply.

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

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Official Journal of the European Communities

27.11.2001

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

27.11.2001

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Official Journal of the European Communities

L 309/15

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:

Limit values (1)
(mg/Nm3)

Solid (2), (3):

50 to 500 MWth:

>500 MWth:

From 1 January 2016

50 to 500 MWth:

>500 MWth:

Liquid:

50 to 500 MWth:

>500 MWth:

Gaseous:

50 to 500 MWth:

>500 MWth:

600

500

600

200

450

400

300

200

(1)

Except in the case of the (cid:145)Outermost Regions(cid:146) where the following values shall apply:
Solid in general: 650
Solid with < 10 % vol comps: 1 300
Liquid: 450
Gaseous: 350

(2) Until 31 December 2015 plants of a rated thermal input greater than 500 MW, which from 2008 onwards do not operate

more than 2 000 hours a year (rolling average over a period of five years), shall:
(cid:151) in the case of plant licensed in accordance with Article 4(3)(a), be subject to a limit value for nitrogen oxide emissions

(measured as NO2) of 600 mg/Nm‡;

(cid:151) In the case of plant subject to a national plan under Article 4(6), have their contribution to the national plan assessed on

the basis of a limit value of 600 mg/Nm3.

From 1 January 2016 such plants, which do not operate more than 1 500 hours a year (rolling average over a period of five
years), shall be subject to a limit value for nitrogen oxide emissions (measured as NO2) of 450 mg/Nm3.

(3) Until 1 January 2018 in the case of plants that in the 12 month period ending on 1 January 2001 operated on, and continue

to operate on, solid fuels whose volatile content is less than 10 %, 1 200 mg/Nm3 shall apply.

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Official Journal of the European Communities

27.11.2001

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

Biomass

General case

400

400

300

200 (1)

200

200

(1) Except in the case of the (cid:145)Outermost Regions(cid:146) where 300 mg/Nm3 shall apply.

Liquid fuels (O2 content 3 %)

50 to 100 MWth

100 to 300 MWth

400

200 (1)

> 300 MWth

200

(1) Except in the case of the (cid:145)Outermost Regions(cid:146) where 300 mg/Nm3 shall apply.

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

Gaseous fuels (O2 content 3 %)

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
pursuant to Article 4(2) (the limit values apply only above 70 % load):

Natural gas (Note 1)

Liquid fuels (Note 3)

Gaseous fuels (other than natural gas)

> 50 MWth
(thermal input at ISO conditions)

50 (Note 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.

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 the following cases, where the efficiency of the gas turbine is determined at ISO base load conditions:
(cid:151) gas turbines, used in combined heat and power systems having an overall efficiency greater than 75 %;
(cid:151) gas turbines used in combined cycle plants having an annual average overall electrical efficiency greater than 55 %;
(cid:151) 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 % ﬂ
determined at ISO base load conditions ﬂ the emission limit value shall be 50*g/35 where g is the gas turbine efficiency
expressed as a percentage (and at ISO base load conditions).
This emission limit value only applies to gas turbines firing light and middle distillates.

Note 3:

27.11.2001

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Official Journal of the European Communities

L 309/17

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 (2)

100

50

5 as a rule

10 for blast furnace gas
50 for gases produced by the steel
industry which can be used
elsewhere

(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 %.

(2) A limit value of 100 mg/Nm3 may be applied to plants licensed pursuant to Article 4(3) with a rated thermal input greater than
or equal to 500 MWth burning solid fuel with a heat content of less than 5 800 kJ/kg (net calorific value), a moisture content
greater than 45 % by weight, a combined moisture and ash content greater than 60 % by weight and a calcium oxide content
greater than 10 %.

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 Rhodos 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

L 309/18

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Official Journal of the European Communities

27.11.2001

ANNEX VIII

METHODS OF MEASUREMENT OF EMISSIONS

A. Procedures for measuring and evaluating emissions from combustion plants.

1. Until 27 November 2004

Concentrations of SO2, dust, 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 above-mentioned substances present in the emissions.

2.

From 27 November 2002 and without prejudice to Article 18(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:

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

(cid:151) for SO2 and dust from natural gas burning boilers or from gas turbines firing natural gas;

(cid:151) for SO2

from gas turbines or boilers firing oil with known sulphur content in cases where there is no

desulphurisation equipment;

(cid:151) 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 above mentioned 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, national or international standards which will ensure the provision of data of
an equivalent scientific quality shall apply.

3.

In the case of plants which must comply with the desulphurisation rates fixed by Article 5(2) and and Annex
III, 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.

4. 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 paragraph 2 are
still adequate or require adaptation.

5. The continuous measurements carried out in compliance with paragraph 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,
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.

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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

Nitrogen oxides

Dust

20 %

20 %

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 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.

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 paragraph 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 paragraph 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:

(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.

the results of

A summary 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 twelve 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. 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:

(cid:151) on a plant by plant basis for plants above 300 MWth and for refineries;

(cid:151) on an overall basis for other combustion plants to which this Directive applies.

2. The methodology used for these inventories shall be consistent with that used to determine SO2 and NOx

emissions from combustion plants in 1980.

3. 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.

4. 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.

L 309/20

EN

Official Journal of the European Communities

27.11.2001

ANNEX IX

TIME-LIMITS FOR TRANSPOSITION AND IMPLEMENTATION OF THE REPEALED DIRECTIVE

(referred to in Article 17(1))

Directive

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

27.11.2001

EN

Official Journal of the European Communities

L 309/21

ANNEX X

CORRELATION TABLE

(Referred to in Article 17(3))

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 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 15(1), (2) and (3)

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

Article 16

Article 17

Article 18(1), first subparagraph, and (3)

Article 17(1) and (2)

Article 18(1), second subparagraph, and (2) and Article 19

Article 20

Annexes I to VIII

Annex IX and X

Article 18

Annexes I to IX

(cid:151)