REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive (EU)2015/2193 on the limitation of emissions of certain pollutants into air from medium combustion plants
Date: 2020-08-03
Institutions: Directorate-General for Environment, European Commission
Subjects: air quality, atmospheric pollutant, delegated legislation, environmental monitoring, industrial pollution, pollution control measures, powers of the institutions (EU), reduction of gas emissions, transfer of competence

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   EUROPEAN COMMISSION  Brussels, 3.8.2020  COM(2020) 351 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive (EU)2015/2193 on the limitation of emissions of certain pollutants into air from medium combustion plants    
 
 
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the 
Commission pursuant to Directive (EU)2015/2193 on the limitation of emissions of 
certain pollutants into air from medium combustion plants 

1. INTRODUCTION  

Directive  (EU)2015/21931  of  the  European  Parliament  and  of  the  Council  of  25  November 
2015  has  put  in  place  a  regulatory  framework  to  limit  emissions  of  sulphur  dioxide  (SO2), 
nitrogen oxides (NOx) and dust into the air from medium combustion plants, with a view to 
reduce the related  risks to human health and the environment. This Directive also lays down 
rules  to  monitor  emissions  of  carbon  monoxide  (CO).  Its  Article  13  empowers  the 
Commission to adopt delegated acts to adjust the provisions on assessment of compliance set 
out in point 2 of Part 2 of its Annex III to scientific and technical progress.   

2. LEGAL BASIS  

This report is required under Article 14(2) of Directive (EU) 2015/2193, pursuant to which 
the power to adopt delegated acts shall be conferred on the Commission for a period of five 
years from 18 December 2015. It also requires the Commission to draw up a report in respect 
of the delegation of power. The delegation of power shall be tacitly extended for periods of 
an identical duration, unless the European Parliament or the Council oppose such extension 
no  later  than  three  months  before  the  end  of  each  period.  Article  14(3)  states  that  the 
delegation of power may be revoked at any time by the European Parliament or the Council. 

3. EXERCISE OF THE DELEGATION  

The  Commission  reports  that  it  has  not  adopted  delegated  acts,  given  (i)  the  dates  of 
application of Directive (EU) 2015/2193 and (ii) the absence of information on technical and 
scientific progress linked to the relevant provisions of the Directive 2010/75/EU on industrial 
emissions (IED), i.e. point 1 of Part 4 of Annex V2.  

More  particularly,  whilst  Directive  (EU)2015/2193  applies  since  20  December  2018  to 
‘new’3  plants, it will only be applicable to ‘existing’4 plants as from 2025 or 2030, depending 
on their rated thermal input. Hence, since the existing compliance assessment rules have de 
facto only been implemented for a few ‘new’ plants, i.e. those installed since 20 December 
2018, there is no sufficient information on the implementation of the current compliance rules 
to enable an assessment as to whether there is a need for a possible adaptation of the existing 
provisions.  

1 OJ L 313, 28.11.2015, p.1. 
2 OJ L 334, 17.12.2010, p.17 
3 A ‘new’ combustion plant  under Directive (EU) 2015/2193 is defined as ‘a combustion plant  other than an 
existing combustion plant’.  
4 An ‘existing’ medium combustion plant under Directive (EU) 2015/2193 is defined as ‘a combustion plant put 
into operation before 20 December 2018 or for which a permit was granted before 19 December 2017 pursuant 
to national legislation, provided that the plant is put into operation no later than 20 December 2018’. 

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In addition, whereas the provisions for compliance assessment set out in point 2 of Part 2 of 
Annex III to Directive (EU) 2015/2193 refer to the compliance assessment provisions set out 
in point 1 of Part 4 of Annex V to the IED, these IED provisions have not been updated since 
the IED came into effect.   

4. CONCLUSION  

The Commission has, over the past five years, not exercised the delegated powers conferred 
to it under Directive (EU)2015/2193.  It invites the European Parliament  and the Council to 
take note of this report.  

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