Commission Recommendation of 15 January 2003 on the guidelines to assist a Member State in the preparation of a national emission reduction plan further to the provisions of Directive 2001/80/EC on the limitation of emissions of certain pollutants into the air from large combustion plants (Text with EEA relevance) (notified under document number C(2003) 9)
Date: 2003-01-15
Institutions: European Commission
Subjects: air quality, combustion gases, degree of pollution, environmental policy, environmental protection, industrial pollution, pollution control, pollution control measures, reduction of gas emissions

22.1.2003

EN

Official Journal of the European Communities

L 16/59

COMMISSION

COMMISSION RECOMMENDATION

of 15 January 2003

on the guidelines to assist a Member State in the preparation of a national emission reduction plan
further to the provisions of Directive 2001/80/EC on the limitation of emissions of certain pollu-
tants into the air from large combustion plants

(notified under document number C(2003) 9)

(Text with EEA relevance)

(2003/47/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Directive 2001/80/EC of the European Parlia-
ment and of the Council of 23 October 2001 on the limitation
of emissions of certain pollutants into the air from large
combustion plants (1) and,
fifth
subparagraph (d) thereof,

in particular, Article 4(6)

Whereas:

(1)

(2)

are
Under Directive 2001/80/EC, Member
required to reduce
from existing large
emissions
combustion plants commencing no later than 1 January
2008.

States

The Directive provides two options to reduce emissions
from existing plants, either by the application of speci-
fied emission limit values or through the implementation
of a national emission reduction plan for such plants.

(3)

The Commission is requested to develop guidelines to
assist any Member State that chooses the option of a
national emission reduction plan to prepare such a plan,

HEREBY RECOMMENDS:

1. A Member State that chooses the option of a national emis-
sion reduction plan as a means of applying the requirements
of Directive 2001/80/EC to existing plants under Article
4(6) of the Directive should take into account the guidance
provided in the Annex to this Recommendation.

2. This Recommendation is addressed to the Member States.

Done at Brussels, 15 January 2003.

For the Commission

Margot WALLSTRÖM

Member of the Commission

(1) OJ L 309, 27.11.2001, p. 1.

L 16/60

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Official Journal of the European Communities

22.1.2003

1.

INTRODUCTION

ANNEX

Further to Article 4(3) of Directive 2001/80/EC Member States are required to achieve significant emission reduc-
tions from existing plants by 1 January 2008 at the latest by either of the following two compliance options identi-
fied in Article 4(3):

— Option 1: Compliance with the emission limit values (ELVs). Under this approach, compliance with the new direc-
tive will be achieved if the operation of all existing plants is within the emission limit values (ELVs) stated in
Part A of Annexes III to VII in respect of SO2, NOx and dust, and, where appropriate, applying Articles 5, 7 and
8 of Directive 2001/80/EC.

— Option 2: Implementation of a national emission reduction plan. As an alternative to the ELV approach, Member
States can implement a national emission reduction plan referred to in Article 4(6). The 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 … to the existing plants in opera-
tion in the year 2000, … 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’. In addition, ‘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.’ Furthermore, a plan ‘shall comprise objectives and related
targets, measures and timetables for reaching these objectives and targets, and a monitoring mechanism.’

Existing plants may be exempt from the ELVs specified in Directive 2001/80/EC or from inclusion in a national
emission reduction plan if they opt for the limited operating life derogation (Article 4(4)). This derogation will
apply if ‘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;’.

Further to Article 4(6), fifth subparagraph (d), of the Directive the Commission is requested to develop guidance to
assist any Member State that chooses the national emission reduction plan option.

1.1. Relationship between the national emission reduction plan under the new LCPD and other key policies

A Member State preparing a national emission reduction plan under Directive 2001/80/EC should also take into
account obligations under other Community legislation, notably the IPPC Directive (Council Directive 96/61/EC (OJ
L 257, 10.10.1996, p. 26)). Directive 2001/80/EC specifically states that ‘The national emission reduction plan may
under no circumstances exempt a plant from the provisions laid down in relevant Community legislation, inter alia
Directive 96/61/EC.’ Under Article 5 of the IPPC Directive, existing installations will have to comply with the
requirements of that Directive by 30 October 2007.

1.2. Profile of existing combustion plants in a hypothetical Member State

A Member State that chooses to prepare a national emission reduction plan should compile a list of the plants to
be included in the plan along with data on fuels used, operating characteristics and circumstances. This data should
be compiled and presented as shown in table A.1 in Appendix A. Some data may need to be derived by calculation
(e.g. annual average waste gas flow). Key data for each of the plants should include:

— fuel types,

— capacity of plant,

— annual operating time (where low operating time derogations are relevant),

— latest annual emissions of SO2, NOx and dust (not mandatory but useful to help identify compliance measures),

— annual average unabated emissions of SO2 from 1996 to 2000 (where the desulphurisation rate approach is

used to calculate plant contribution to emission targets), and

— annual average waste gas flow rate from 1996 to 2000 (used to calculate the plant contribution to emission

targets, except where the desulphurisation rate approach is used).

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Official Journal of the European Communities

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2. DETERMINATION OF OBJECTIVES OF A NATIONAL EMISSION REDUCTION PLAN

The objectives of a national emission reduction plan will comprise total emission targets for SO2, NOx and dust.
The emissions from all combustion plants as a whole that are included within the plan must be below the targets
within the relevant compliance time scales.

Emission targets must be calculated for a Member State, based on the contributions from each individual plant as
shown in table A.2 of the Appendix.

2.1. Individual plant contributions to total emission targets

In accordance with the requirements of Article 4(6), each plant's contribution to SO2, NOx and dust emission
targets can be calculated using the following equation:

Plant contribution to target (tpa) = Waste gas flow rate (Nm3pa) × ELV (mg/Nm3) × 1,0×10-9

Where:

— waste gas flow rate is the volumetric flow rate of waste gases shown in the table in the guidance document in
million cubic metres per annum, averaged over the last five years of operation up to and including 2000. It is
expressed at standard temperature (273 K) and pressure (101,3 kPa), at the relevant oxygen reference conditions
and after correction for the water vapour content,

— ELV is the emission limit value expressed in mg/Nm3, assuming an oxygen content by volume in the waste gas

of 3 % in the case of liquid and gaseous fuels and 6 % in the case of solid fuels,

— Tpa = tonnes per annum

The above equation will apply in all cases except where the desulphurisation rate approach for SO2 may apply
(refer to Annex III of the directive, Nota Bene in Part A). In such cases, a plant's contribution to the SO2 emission
target can be calculated using the following equation:

Plant contribution to target (tpa) = Unabated SO2 emissions (tpa) × (1 – (desulphurisation rate %/100))

Where:

— unabated SO2 emissions represent the annual emissions of SO2, averaged over the last five years of operation
up to and including 2000, expressed in tonnes per annum, as determined prior to any abatement in desulphuri-
sation plant (including retention of sulphur within the plant and ash), and

— desulphurisation rate is the rate of desulphurisation as defined in Article 2(4) of the Directive.

2.2. Compliance timetable

The provisions of the directive include more stringent emission limit values (ELVs) applicable from 2016 and 2018.
Therefore there are three compliance periods, namely:

— 1 January 2008 to 31 December 2015 (the ELVs apply in general from 1 January 2008),

— 1 January 2016 to 31 December 2017 (from 1 January 2016 the more stringent NOx ELV for solid fuel plants
>500MWth applies and more stringent NOx and SO2 ELV derogations for low operating hours solid fuel plants
apply), and

— 1 January 2018 onwards (from 1 January 2018 the NOx ELV derogation for plants using solid fuels whose vola-

tile content < 10 % expires).

2.3. Total emission targets

The size of the total emission targets for SO2, NOx and dust can be determined by adding up the individual plant
contributions to the respective emission targets:

Member State emission target (tpa) = Σ (individual plant contribution to target)

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Official Journal of the European Communities

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Potential changes to the emission targets, in comparison to the targets in the Member State's national emission
reduction plan submitted to the Commission by 27 November 2003, could relate to:

— the NOx low load factor derogation for solid fuel plants > 500MWth. This is based on the five year annual
average operating time from 2008 onwards. Member States would be expected to nominate specific plants in
their plan that will avail of this provision in the plan that is communicated to the Commission. Such nomina-
tions could, however, subject to the approval of the competent authority, change during the implementation of
the plan so long as compensating measures that are consistent with the Directive and that deliver the same
overall emission target are implemented,

— the limited life derogation. Operators have until 30 June 2004 to notify the competent authority if they seek to
be exempt from inclusion within the plan by opting for the limited operating life derogation (Article 4(4)). In
the case where an operator decides to opt for the limited operating life derogation after their Member State's
communication to the Commission but before 30 June 2004, the Member States should submit any necessary
amendment to the plan.

3. MEASURES TO COMPLY WITH OBJECTIVES

Member States should describe the measures envisaged to deliver the necessary emission reductions to comply with
Directive 2001/80/EC under a national emission reduction plan.

Firstly, the minimum emissions reductions required to comply with the targets should be calculated, by subtracting
the annual emission targets from the latest annual emissions as shown in table 1 overleaf.

Determination of emission reductions to comply with emission targets for a hypothetical Member State

Table 1

Parameter

Compliance period

Emissions (tonnes per annum)

SO2

NOx

Dust

Latest emissions of plants in the
national emission reduction plan
(see table A.1 in Annex)

Minimum annual emissions reduc-
tions compared to latest emissions
to comply with emission targets

Not relevant

465 402 129 964

15 186

1 January 2008 to 31 December 2015

312 936

2 894

3 147

1 January 2016 to 31 December 2017

316 449

34 983

3 147

1 January 2018 onwards

316 449

52 060

3 147

Emission targets (see table A.2 in
Annex)

1 January 2008 to 31 December 2015

152 466 127 070

12 039

1 January 2016 to 31 December 2017

148 953

94 981

12 039

1 January 2018 onwards

148 953

77 905

12 039

Note: Numbers in the table above are for illustration purposes only.

Secondly, after calculating the minimum required emissions reductions and the emission targets that must be
respected, measures that would achieve these reductions should be identified. For example, compliance with the
plan can be achieved by fuel switching, combustion modifications, abatement techniques, load factor management,
etc. The process of determining the actual compliance measures will be a matter for individual Member States,
taking into account, for example, cost-effectiveness, practicability, impact on security and diversity of their energy
supplies, obligations under other Community legislation and other relevant constraints.

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An example of measures that would enable compliance with the targets is presented in table A.3 in the Appendix.
The measures listed in the table and communicated to the Commission in the National Emission Reduction Plan do
not preclude other measures that are consistent with the directive from being implemented, subject to the approval
of competent authorities and provided compliance with the targets for the Member State is achieved.

4.

TIMETABLE

The timetable for a Member State choosing to pursue the National plan option with key dates is shown in table 2
below.

Key milestones in implementing a national emission reduction plan under Directive 2001/80/EC

Table 2

Key milestone

By 27 November 2003

Within six months of commu-
nication referred to above

By 30 June 2004

Action

Member State to communicate national emission reduction plan to the Commis-
sion

The Commission shall evaluate whether or not the plan meets the requirements
of Article 4(6) of the new LCPD. If 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 are met

If an operator of an existing plant seeks to be exempt from the ELVs or inclusion
in a plan, the operator must submit a written declaration 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 January 2008

Start of compliance periods

5. MONITORING MECHANISM

5.1. Regulation by competent authorities

Commencing on 1 January 2008 a number of monitoring and reporting measures should be implemented, in parti-
cular:

— operators will be required to estimate total annual emissions of SO2, NOx and dust to the satisfaction of the
competent authority; confirm applicability of the low operating time derogation for NOx and report time used/
unused for plants excluded under the limited life derogation,

— competent authorities will be required to verify operators' estimates of total annual emissions of SO2, NOx and
dust for all plants included in the plan and compare these totals with the emission targets. They will be respon-
sible for regulating those plants included in the plan to ensure that total annual emissions are below the emis-
sion targets. Furthermore, they should put a mechanism in place that allows any closures of plant included in
the plan to be identified and they should ensure that any plant closures will not result in an increase in the total
annual emissions from the remaining plants covered by the plan, and

— Member States should also ensure that there are mechanisms in place to approve any changes to the measures
that were originally envisaged to comply with the emission reductions in the national emission reduction plan.

5.2. Reporting to the Commission

Obligations for reporting from a Member State to the Commission are set out in Annex VIII Section B of Directive
201/80/EC. In addition, Member States may wish to, and would be recommended to, set up an annual national
reporting system to confirm performance against the targets.

ILLUSTRATIVE TABLES SHOULD BE INCLUDED IN THE NATIONAL EMISSION REDUCTION PLAN (1)

Table A.1 — Table presenting the profile of all existing combustion plants in operation in the year 2000 in a hypothetical Member State (2)

Appendix A

A

B

C

D

E

F

G

H

I

J

K

L

M

Capacity
(MWth)

Plants included
in national
emission
reduction plan

Annual average
operating time
from 1996 to
2000 (hours),
where relevant

Annual average
operating time
from 2008 to
2015 (hours),
where relevant

Annual average
operating time
from 2016
onwards
(hours), where
relevant

Annual
emissions of
SO2 in 2001

Annual
emissions of
NOx in 2001
(tpa)

Annual
emissions of
dust in 2001
(tpa)

Annual average
unabated emis-
sions of SO2
from 1996 to
2000 (tpa),
where relevant

Annual average
waste gas flow
from 1996 to
2000 (Million
Nm3 p.a.)

5 589

Yes

4 117

15 450

20 461

1 932

115 000

30 663

Sector

Site

Fuel type

Solid (hard coal)
(de-sulph
rate option) (FGD installation
started before 2001)

ESI

ESI

1

2

Multifuel
95:5)

(hard coal: HFO,

5 539

Yes

3 419

90 263

19 099

2 996

25 237

Totals

465 402

129 964

15 186

(1) Entries in the rows and columns of the tables in this Appendix are by way of example only.
(2) The total emissions calculated in this table represent the latest annual emissions of SO2, NOx and dust a hypothetical Member State. By subtracting the annual emission targets from the total emissions in this table, the minimum annual

emissions reductions to comply with the emission targets can be calculated and compared to latest emissions.

L

1
6
/
6
4

E
N

O

f
f
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i
a
l

J
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t
h
e

E
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o
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m
u
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i
t
i
e
s

.

.

2
2
1
2
0
0
3

Table A.2 — Table presenting the determination of objectives of a national emission reduction plan for a hypothetical Member State (1)

A

B

C

N

O

P

Q

R

S

T

U

V

W

X

Y

Z

AA

AB

AC

Contributions to emission targets (tpa)

SO2 ELV

NOx ELV

Dust ELV

Sector

Site

Fuel type

ESI (2)

ESI

1

2

solid (hard coal) (de-
sulph rate option)
(FGD before 2001)

Multifuel
HFO, 95:5)

(hard coal:

SO2 -
from
2008 to
2015

SO2 -
from
2016
onwards

NOx -
from
2008 to
2015

NOx -
from
2016 to
2017

NOx -
from
2018
onwards

Dust-
from
2008
onwards

ELV from
2008 to
2015
(mg/Nm3)

ELV from
2016
onwards
(mg/Nm3)

Target
rate of
desulphu-
risation
(%)

Ref

ELV from
2008 to
2015
(mg/Nm3)

ELV from
2016 to
2017
(mg/Nm3)

ELV from
2018
onwards
(mg/Nm3)

Ref

ELV from
2008
onwards
(mg/Nm3)

9 200

9 200

15 332

6 133

6 133

1 533

92 %

Annex
III A NB

500

200

200

10 095

10 095

12 492

5 300

5 300

1 262

400

400

Article
8(1)

495

210

210

Annex
VI A

Article
8(1)

50

50

Ref.

Annex
VII A

Article
8(1)

Totals 152 466 148 953 127 070 94 981

77 905

12 039

(1) The total emission targets calculated in this table represent the limits of total annual emissions from existing plants included in the national emission reduction plan for the relevant compliance years. The competent authorities will be

responsible for regulating those plants in the national plan to ensure that total emissions are within the emission targets.

(2) Electricity Supply Industry.

.

.

2
2
1
2
0
0
3

E
N

O

f
f
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i
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n
a
l

o
f

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Table A.3 — Table presenting emission reduction measures (1) to comply with objectives (2)

A

B

C

2008 to 2015 compliance period

2016 to 2017 compliance period

2018 onwards compliance period

Sector

Site

Fuel type

Compliance
measures

Reduction in emissions
achieved by compliance
measures compared to 2001
emissions (tpa)

Additional
compliance
measures

Reduction in emissions
achieved by additional
compliance measures
compared to 2001
emissions (tpa)

Total reduction in emissions
achieved by compliance
measures compared to 2001
emissions (tpa)

Reduction in emissions
achieved by additional
compliance measures
compared to 2001
emissions (tpa)

Total reduction in emissions
achieved by compliance
measures compared to 2001
emissions (tpa)

Addi-
tional
compli-
ance
measures

SO2

NOx

Dust

SO2

NOx

Dust

SO2

NOx

Dust

SO2

NOx

Dust

SO2

NOx

Dust

ESI

1

(hard

Solid
coal)

(92 %

FGD
desulphurisa-
tion rate, 50 %
dust reduction)

106 214

0

966 SCR (80 % NOx
reduction)

16 369

106 214 16 369

966

106 214 16 369

966

ESI

2 Multifuel
(hard
HFO)

coal:

(94 %

FGD
desulphurisa-
tion rate, 50 %
dust reduction)

84 847

0

1 498 Reburn

(50 %

9 550

84 847 9 550

1 498

84 847 9 550

1 498

NOx reduction)

1. Total reduction in emis-
sions achieved by meas-
ures compared to 2001
emissions (tpa)

emission
2. Minimum
required to
reductions
comply
targets
with
compared to 2001 emis-
sions (tpa)

313 860

4 088

4 901

11 480 31 298

159

325 340 35 386 5 060

13 385 17 285

695

338 725 52 671 5 755

312 936

2 894

3 147

316 449 34 983 3 147

316 449 52 060 3 147

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i
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a
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o
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.

.

2
2
1
2
0
0
3

A

B

C

2008 to 2015 compliance period

2016 to 2017 compliance period

2018 onwards compliance period

Reduction in emissions
achieved by compliance
measures compared to 2001
emissions (tpa)

Additional
compliance
measures

Reduction in emissions
achieved by additional
compliance measures
compared to 2001
emissions (tpa)

Total reduction in emissions
achieved by compliance
measures compared to 2001
emissions (tpa)

Reduction in emissions
achieved by additional
compliance measures
compared to 2001
emissions (tpa)

Total reduction in emissions
achieved by compliance
measures compared to 2001
emissions (tpa)

Addi-
tional
compli-
ance
measures

SO2

NOx

Dust

SO2

NOx

Dust

SO2

NOx

Dust

SO2

NOx

Dust

SO2

NOx

Dust

151 542 125 877 10 285

140 061 94 579 10 125

126 677 77 294 9 430

Sector

Site

Fuel type

Compliance
measures

3. Total

emissions
plants

from
existing
after
implementing measures
(tpa)

4. Emission target (tpa)

152 466 127 070 12 039

148 953 94 981 12 039

148 953 77 905 12 039

(1) Alternative measures that are consistent with the directive may be taken to reach the emission target, subject to the approval of competent authorities. For further information, see also the forthcoming BAT reference document on Large

Combustion Plants (Internet: cf. http://eippcb.jrc.es).

(2) In the table above there are four sets of totals, as follows:

1. the total reduction in emissions achieved by the measures compared to latest emissions is the sum of reductions at each plant;
2. the minimum emission reductions to comply with targets compared to latest emissions are taken from table 1 in this Summary;
3. the total emissions after implementing measures equal the latest emissions minus the reduction in emissions achieved by measures; and
4.

it can be seen that total emissions from existing plants will be in compliance with the targets after implementing the compliance measures.

.

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