COMMISSION STAFF WORKING DOCUMENT Implementation Plan Accompanying the document Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the limitation of emissions of certain pollutants into the air from medium combustion plants
Date: 2013-12-18
Institutions: European Commission
Subjects: air quality, atmosphere, biomass, energy production, industrial pollution, reduction of gas emissions













EUR-Lex - 52013SC0536 - EN











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52013SC0536

COMMISSION STAFF WORKING DOCUMENT Implementation Plan Accompanying the document Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the limitation of emissions of certain pollutants into the air from medium combustion plants /* SWD/2013/0536 final */









Implementation
Plan[1]
1.
Title of the document for the proposed act 
Proposal for a
Directive of the European Parliament and of the Council on the limitation of
emissions of certain pollutants into the air from medium combustion plants (MCP
Directive).
2.
Contact point
Gabriella
Gerzsenyi (DG ENV.C3)
Telephone: +32 229-68012
Email: gabriella.gerzsenyi@ec.europa.eu

3.
Deliverables and implementation challenges
3.1. Key Deliverables
3.1.1. Transposition of the proposed directive

To ensure the
effective implementation of the proposed directive across the Union, Member
States must transpose it into national law in a complete, correct and timely
manner
and must
guarantee its full application in a sufficiently clear and precise manner. 
In addition, Member
States must lay down the rules on penalties applicable to infringements of the
national provisions adopted pursuant to proposed act, also taking all measures
necessary to ensure that they are implemented.
3.1.2. Implementation of the proposed directive
·                   
Industry: notification of the operation of, and changes to, medium
combustion plants to the competent authority; demonstrating
compliance with emission limit values defined in the proposed act; carry out
monitoring of emissions at least in accordance with Annex IV; storage of
various data (e.g. proof of notification and registration, monitoring results).
·                   
Member States: establishing and managing a publicly available national
register for medium combustion plants; set up a system of environmental
inspections or implement other appropriate measures to check compliance with
the requirements of the proposed act; periodic reports to the Commission on the
implementation of the proposed directive.
3.2. Key Challenges
3.2.1. Technical challenges: 
·                   
The technical means to reach the emission standards contained in
the proposed act are commercially available to operators. 
·                   
Given that certain Member States already regulate emissions
of air pollutants from medium combustion plants, the
transposition of this directive may require enacting or amending one or several
legal instruments.
·                   
Considering that the permitting of industrial installations is often
highly decentralised, with competences delegated to regional and/or local
authorities, transposition provisions may be further complicated in some Member
States.

3.2.2. Compliance challenges: 
·                   
The provisions in the proposed act entail i) compliance costs for
the operators (e.g. the cost of additional abatement measures to be installed
within the combustion plants), ii) emission monitoring costs for the operators (e.g.
costs to allow verifying compliance) and iii) administrative costs both for the
operators and on the competent authorities, (e.g. cost of notification and registration,
costs of checking compliance).
·                   
Taking into account that  medium combustion plants are often also operated
by SMEs, a number of mitigation measures have already been accounted for in the
proposed act: 1) operators will not require a permit, but need only to notify
the operation of the plant to the competent authorities, which will ensure
registration; 2) a phased implementation is foreseen for existing plants by
means of providing a longer transitional period to comply with the limits; 3) limited
or simplified monitoring and reporting obligations compared to the requirements
relating to large combustion plants.
·                   
As Member States will have to periodically report to the
Commission on the implementation of the Directive, and inform the Commission if
derogations are granted under Article 5(6) or 5(7), it is foreseen that the
Commission will develop and make available an electronic reporting tool for
this purpose. 
·                   
To check compliance with the requirements of the Directive, Member
States will have to set up a system of environmental inspections or implement
other appropriate measures. This will require advance planning and adequate
human resources.
3.2.3. Timing challenges: 
·                   
The transposition period of 18 months should be sufficient to
allow Member States to adopt national rules to implement this directive into
their domestic law. 
·                   
Enterprises operating existing medium combustion plants have been
granted a grace period of six years following the entry into force of the
proposed act for applying the emission limit values set out in this directive.
This interval is considered sufficient to allow the operators of such plants to
adapt to the requirements.
4.
Support actions
4.1.
Possible Commission actions
4.1.1    To promote complete, correct
and timely transposition of the proposed directive
Upon the entry into force of
the proposed directive: 
·                   
Creating a framework to enable an exchange of information on
transposition and implementation. This framework may be integrated in existing or
foreseen platforms and/or expert groups, including new platforms that will be
created as part of the European Clean Air Programme. 
·                   
Provide a transposition checklist to Member States addressing key
aspects of the transposition obligations. 
·                   
Request Member States to nominate contact points and inform the
ENV contact point.
Between the entry into force
and the transposition deadline of the proposed directive: 
·                   
Periodic updates and reminders on the state of transposition,
challenges, and solutions; as a minimum, reminder letters will be sent to
Member States prior to the expiry of the transposition deadline.
·                   
A transposition workshop with the Member States may be organised
on a needs basis.
·                   
The Europa website will be updated to include the MCP Directive
including a section dedicated to transposition also comprising a transposition
scoreboard that will go "live" from approx. 6 months prior to the
transposition deadline. 
Upon expiry of the
transposition deadline of the proposed directive: 
·                   
Commissioning of conformity studies following the notification of
national measures, and open a dialogue with the Member States concerned where
conformity problems are identified. 
·                   
Should the informal dialogue fail to elicit Member States
commitments to correct problems, the Commission may launch EU-Pilot cases to
ask clarifications from the concerned Member States on these identified
shortcomings and whether and what measures would they intend to take to correct
them together with a timetable.
·                   
Should an EU-Pilot file fail to lead to a complete and correct
transposition, the Commission may contemplate the option consisting in
launching infringement procedures.
4.1.2    To promote complete, correct
and timely implementation of the proposed directive
·                   
Pursue continuous informal dialogue with Member States' contact
points established during the transposition phase and using the platforms
referred to above.
·                   
Updating the dedicated section on the Europa website to include relevant
implementation guidance and/or information for the MCP Directive including FAQs
and good practice examples. 
·                   
Facilitating bilateral and/or multilateral meetings with Member
States, where there appear specific challenges requiring further attention.
4.2. Possible Member
State actions:
·                   
Preparing 'explanatory documents' on transposition and with the
possibility to consult the Commission on draft transposition measures
(mandatory).
·                   
Identify and nominate the appropriate liaison officers to take
part in further technical discussions (mandatory).
·                   
Inform the Commission about any potential problems related to
implementation as soon as they are identified, and to share information related
to implementation (recommended).
·                   
Set up dedicated national web-pages (recommended) in order to, inter
alia:
Ø    raise awareness and early adaptation to the new legal
requirements; 
Ø    disseminate general information on the directive to the operators;
Ø    offer a platform for FAQs and exchange of best practices.
·                   
Develop e-services to support operators for, inter alia:
Ø    notification of the operation of the medium combustion plant;
Ø    reporting (e.g. on non-compliance);
Ø    storing of  monitoring results in accordance with Article 8(2).
[1]  This
Implementation Plan is provided for information purposes only. It does not
legally bind the Commission on whether the identified actions will be pursued
or on the form in which they will be pursued.