Implementation Plan for Council Directive 88/609/EEC and Council Directive 94/66/EC on the Limitation of Emissions of
Certain Pollutants into the Air from Large Combustion Plants
IMPLEMENTATION PLAN FOR COUNCIL DIRECTIVE 88/609/EEC AND COUNCIL
DIRECTIVE 94/66/EC ON THE LIMITATION OF EMISSIONS OF CERTAIN
POLLUTANTS INTO THE AIR FROM LARGE COMBUSTION PLANTS
I. Responsible Ministry (division of responsibilities)
Responsible Ministry:
Co-operating Ministry:
Expert responsible:
Ministry of the Environment
Ministry of Industry and Trade
Mrs. B. Cimbálníková,
Mr. P. Jílek, Department of Air Protection, ME
Division of responsibilities:
The roles of the individual institutions in implementation of Council Directives 88/609/EEC
and 94/66/EEC on the Limitation of Emissions of Certain Pollutants into the Air from Large
Combustion Plants
ME: supreme state supervision in the area of sources of air pollution and over the air pollution
authorities appointed to control sources, methodical and concept work. Decision-making on
authorization of projects, production and import of technology and equipment that are sources
of air pollution.
ME (CEI - Czech Environmental Inspection): control of pollution sources. Approval work in
the framework of legal authorization.
ME (CHMI - Czech Hydrometeorological Institute): expert assistance for the state
administration, up-dating of emission inventories and evaluation, forecasting of emission
balances.
MIT: supreme state supervision over energy-production and industrial sources and production
of the individual fuels. Concept, legislative and methodical work in the administrated areas
that must fully adopt the Directive.
Regional administrative authorities (RAA): work of the affected persons in construction
procedures, control and registration work, preparation and enforcement of territorial concepts
of air protection.
II. Main objectives of the Directives
The basic objectives of Council Directives 88/609/EEC and 94/66/EEC on the Limitation of
Emissions of Certain Pollutants into the Air from Large Combustion Plants are:
 To reduce emissions of sulphur dioxide and nitrogen oxides from combustion plants
burning fossil fuels with a thermal input equal to or greater than 50 MW, irrespective of
the type of fuel used (solid, liquid or gaseous); emission limits for SO2 for plants burning
solid fuels are not defined for an input of 50 - 100 MW.
 Emission limits for sulphur dioxide, nitrogen oxides and particulate matter are set only for
new plants, i.e. plants for which the original construction permit or permit for operation
was issued on July 1, 1987 or later. Emission limits are not set for existing plants, i.e.
those for which a construction permit was issued at an earlier date; these plants are subject
to emission ceilings (classification of plants as existing and new is described below).
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Implementation Plan for Council Directive 88/609/EEC and Council Directive 94/66/EC on the Limitation of Emissions of
Certain Pollutants into the Air from Large Combustion Plants

Directive 94/66/EEC supplements Directive 88/609/EEC with a provision related to the
combustion of solid fuels in plants with a thermal input of 50 - 100 MW.
III. Plan for meeting the requirements of the Directives
A. Main requirements of the Directives
1. Not later than 1 July 1990, the 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 leading to complying with
the emission ceilings and set percentage reduction in emissions. The emission ceilings and
percentage reduction in emissions for sulphur dioxide and nitrogen oxides are laid down
in Annexes I and II. Total annual emissions from existing plants must be determined by
the procedure given in Annex IX.
2. The obligation of the member states to take appropriate measures to ensure that all
licences for the construction or, in the absence of such a procedure, all permits for the
operation of new plants contain conditions relating to compliance with the emission limit
values for sulphur dioxide, oxides of nitrogen and particulate matter. Member states may
require compliance with emission limit values and time limits for implementation which
are more stringent than those set out in the Directive. In order to ensure compliance with
the emission limits for nitrogen oxides, the permits may contain the appropriate technical
conditions. Member states shall ensure that provision is made in the licences for
procedures relating to malfunction or breakdown of the abatement equipment. In issuing
permits for new plants, the competent authorities shall set emission limits according to the
rules laid down in this Directive.
3. Waste gases from combustion plants for burning fuels shall be discharged in controlled
fashion by means of a stack. The conditions for the discharge must be part of the permit.
4. Where a combustion plant is extended by at least 50 MW thermal input, the emission limit
value to be applied to the new part of the plant shall be fixed in relation to the thermal
capacity of the entire plant.
5. In the case of construction of combustion plants which are likely to have significant
effects on the environment in another member state, the member state shall ensure that all
appropriate information and consultation take place, in accordance with Article 7 of
Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain
public and private projects on the environment.
6. The member states shall adopt appropriate measures to ensure monitoring of emissions
from plants for combustion of fuels that are subject to this Directive and all the other
values required for implementing the Directive. Continuous measurements are required for
plants with a thermal input of greater than 300 MW.
7. Horizontal requirements:
7.1 Responsibilities
7.2 Reporting
B. Plan for implementation of the requirements
1.
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Not later than 1 July 1990, the 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 leading to complying with the emission ceilings and set percentage
reduction in emissions. The emission ceilings and percentage reduction in emissions
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Implementation Plan for Council Directive 88/609/EEC and Council Directive 94/66/EC on the Limitation of Emissions of
Certain Pollutants into the Air from Large Combustion Plants
for sulphur dioxide and nitrogen oxides are laid down in Annexes I and II. Total
annual emissions from existing plants must be determined by the procedure given in
Annex IX.
a) Summary of the objective
The Directive distinguishes between new and existing plants. "Existing plants" are plants for
the combustion of fuels for which the original construction permit or, where there is no
construction permit, the original permit for operation was issued prior to July 1, 1987. The
member state shall specify the total annual amounts of emissions of sulphur dioxide and
nitrogen oxides from existing plants.
The program of gradual reduction in the total annual emissions must be prepared and
implemented in order to attain at least the emission ceilings and corresponding decrease in the
percentages laid down for sulphur dioxide in Annex I, columns 1 to 6 and for nitrogen oxides
in Annex II, columns 1 to 4, within the times referred to in these Annexes, through the
corresponding reduction in emissions.
It is necessary to determine the total annual mass flux of emissions from existing plants.
Member states are to prepare a complete survey of emissions of SO2 and NOx from existing
plants, beginning in1990, and then for each subsequent year:
- on a plant by plant basis for plants above 300 MWth and for refineries;
- on an overall basis for other combustion plants to which this Directive applies.
b) Identification of implementation steps
The Czech Republic will submit to the Commission a survey of SO2 and NOx emissions
(filling in columns 0 - 6 of Annex I and filling in columns 0 - 4 of Annex II). The Commission
will then decide on emission ceilings for existing plants in the Czech Republic. The emission
ceiling for CR, similar to the other member states, will be determined on the basis of the total
amount of emissions in the years 1980 - 1998. The Czech Republic should be able to comply
with this emission ceiling as the reduction of emissions over this period has been
considerable.
The currently valid air protection legislation - Act No. 309/1991 Coll., on the air, and related
regulations - can be considered to constitute a program to decrease emissions in the 1999 2003 period, in the opinion of an expert from the European Commission.
The special state support system (especially the Program for Recovery of the Air, "ecobillion"
and the activities of the State Environmental Fund (SEF) in the area of air protection) can be
considered to be part of this program.
 Attaining emission ceilings
Responsibility:
ME (SEF)
Date:
emission ceilings have been attained
The program to reduce emissions is currently fulfilled in the framework of the currently valid
Act on the Air No. 309/1991 Coll. and other projects being implemented.
 Emission inventory for 1980
Responsibility:
CHMI
Date:
June 2000
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Implementation Plan for Council Directive 88/609/EEC and Council Directive 94/66/EC on the Limitation of Emissions of
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 Annual emission inventory
Responsibility:
CHMI
Date:
on-going from 2003
 Identification of plants subject to the Directive
For 1998 a total of 168 plants were identified with a thermal input of 50 MW or greater, of
which 21 were new (sum of inputs only for furnaces in operation in 1998). This data is not
final and will be refined in August 2000. The operators of new plants have been approached in
connection with the new emission limits, which should apply for them from the date of
accession. The emission limits pursuant to the Directive are stricter in some cases.
Responsibility:
ME, CEI, CHMI
Date:
exact classification of plants as new and existing will be known in
August 2000
Revision phase
 Periodical control of implementation of the programs for progressive reduction of total
annual emissions from existing plants
Responsibility:
ME, CHMI, CEI
Date:
Fulfilled in the framework of the obligations following from the
currently valid Act on the Air, No. 309/1991 Coll.
Enforcement
 Establishment and implementation of the control regime
Enforcement is provided by the Act on the Air, No. 309/1991 Coll. and also the new Act on
protection of the air and the ozone layer of the Earth and the related regulations. CEI currently
carries out control of emissions discharged into the air.
Responsibility:
ME
Date:
on-going
 Instruments to support the enforcement regime
The jurisdiction of CEI in the area of control of emission limits is laid down in Act No.
389/1991 Coll., as amended
Responsibility:
ME
Date:
on-going
Reporting
The Commission has already obtained information on emissions in 1980, 1982, 1993 and
1998. Information on the expected amount of SO2 emissions in the year 2003 will be
provided. These data are necessary to set the emission ceiling for CR.
The Commission will also be informed of emission trends in 1998 - 2003 (in the opinion of an
expert from the European Commission, a decrease in emissions through enforcement of Act
No. 389/1991 Coll. and the new Act on protection of the air and the ozone layer of the Earth
and the related regulations can be considered as a national program to decrease emissions).
2.
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The obligation of the member states to take appropriate measures to ensure that all
licences for the construction or, in the absence of such a procedure, all permits for
the operation of new plants contain conditions relating to compliance with the
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Implementation Plan for Council Directive 88/609/EEC and Council Directive 94/66/EC on the Limitation of Emissions of
Certain Pollutants into the Air from Large Combustion Plants
emission limit values for sulphur dioxide, oxides of nitrogen and particulate matter.
Member states may require compliance with emission limit values and time limits
for implementation which are more stringent than those set out in the Directive. In
order to ensure compliance with the emission limits for nitrogen oxides, the permits
may contain the appropriate technical conditions. Member states shall ensure that
provision is made in the licences for procedures relating to malfunction or
breakdown of the abatement equipment. In issuing permits for new plants, the
competent authorities shall set emission limits according to the rules laid down in
this Directive.
a) Summary of the objective
The member states are to take appropriate measures to ensure that all licences for the
construction or, in the absence of such a procedure, all permits for the operation of new plants
contain conditions relating to compliance with the emission limit values for sulphur dioxide,
oxides of nitrogen and particulate matter laid down in Annexes III to VII. The emission limits
for sulphur dioxide, oxides of nitrogen and particulate matter for the individual existing plants
must be included in permits issued pursuant to Directive 84/360/EEC. Pursuant to Act No.
389/1991 Coll., on the air, an air protection authority is established to issue authorization for
starting up medium and large sources and the technical conditions for operation may be
specified in the framework of this authorization. This authority is CEI. Until the operators of
new plants obtain permits pursuant to the new Act on IPPC, the operation of these plants will
apparently continue to be subject to authorization issued by the air protection authority.
For new plants, the permit must take into account the best available technology in accord with
the requirements of Directive 96/61/EC. The draft substantive intent of the Act on protection
of the air and the ozone layer of the Earth includes a provision for use of the best available
technology not entailing excessive costs in the construction of new plants that could be a
source of air pollution or in the modernization of existing plants, and that measures must be
taken to gradually reduce emissions.
The values of the emission limits for plants burning several kinds of fuel and for extending
plants must be calculated in accord with the provisions of the Directive. This aspect will be
the subject of an implementing Decree to the new Act on protection of the air and the ozone
layer of the Earth.
For new plants burning solid fuel of domestic origin, for which the set emission limit for
sulphur dioxide cannot be met without the use of disproportionately expensive technology
because of the specific properties of the fuel, according to Directive 88/609/EEC, the emission
limits laid down in Annex III can be exceeded. These plants must attain at least the level of
sulphur removal laid down in Annex VIII. "Plants for combustion of several kinds of fuel" are
considered to be plants for combustion of fuel in which two or more kinds of fuel can be
burned simultaneously or alternately. If several kinds of fuel are burned simultaneously in the
plant, the emission limits are determined in the manner laid down in Article 9 of the Directive.
b) Identification of implementation steps
Preparatory phase of implementation
 Analysis of the current situation
The approximate number of plants falling in the category of new plants has been determined
(21)
Responsibility:
CHMI
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Implementation Plan for Council Directive 88/609/EEC and Council Directive 94/66/EC on the Limitation of Emissions of
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Date:
March 2000
 Identification of necessary data
Responsibility:
CHMI
Date:
Exact classification of plants as new and existing will be known in
August 2000.
Implementation phase
Provision for conditions related to construction permits for new plants pursuant to Article 4 of
the Directive. Provision for technical design conditions to ensure compliance with the
emission limits for nitrogen oxides pursuant to Annex VI of Directive 88/609/EEC. Issuing
permits pursuant to Annex VI. of Directive 88/609/EEC.

Practically all of these requirements are already covered by Act No. 309/1991 Coll., are
currently implemented in practice, and will be retained in the new Act on protection of the
air and the ozone layer of the Earth; the remaining requirements will be transposed into
the new Act.
 Transposition in the new Act on protection of the air and the ozone layer of the Earth and
its implementing Decrees. Connection with the Construction Code No. 50/1976 Coll., as
amended. Connection with the Act on integrated pollution prevention and control and the
integrated pollution register.
Responsibility:
ME, MIT, RAA, CEI
Date:
It is expected that the dates for complying with the emission limits will have the following
timetable:
Emission limits for new plants pursuant to Directive 88/609/EEC will apply to plants that
obtained construction permits after November 1, 2001 (legal force of the Act on protection of
the air and the ozone layer of the Earth and its implementing Decrees) and will apply from Jan
1, 2003 to all plants with construction permits issued after July 1, 1987.
Revision phase
 Revision of authorizations from the air protection authorities pursuant to Act No.
309/1991 Coll. (§ 11, par. 1, letter a)), constituting a necessary condition for operation of
plants, was carried out for the 1991 - 1998 period, when temporarily valid emission limits
were set for all sources (with an output of greater than 5 MW), and simultaneously a deadline
was set by which they must attain the emission limits set for new sources. According to the
current Act on the Air No. 309/1991 Coll., new sources are defined as those that obtained a
construction or other permit after October 1, 1991.
 Note: In the future, a different revision process is expected, as combustion plants with a
thermal input of 50 MW or greater fall under the IPPC regime (Directive 96/61/EC) and thus
will be subject to different authorization and partly also control regimes.
Responsibility:
ME, CEI, RAA
Date:
on-going
Enforcement
 Through the Act on integrated pollution prevention and control and the integrated
pollution register
 through the Construction Code
 through the Act on protection of the air and the ozone layer of the Earth and its regulations
for implementation
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Implementation Plan for Council Directive 88/609/EEC and Council Directive 94/66/EC on the Limitation of Emissions of
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Reporting
The member states will report to the Commission on the total annual emissions of SO2 and
NOx from new plants for combustion of fuels, together with the reports required pursuant to
paragraph C3 on total annual emissions from existing plants
 Reporting to the Czech competent authorities
 Reporting to the European Commission
Responsibility:
ME, CHMI
Date:
Exact classification of plants as new and existing will be known in
August 2000 and it will then be possible to report information for
1999.
3.
Waste gases from combustion plants for burning fuels shall be discharged in
controlled fashion by means of a stack. The conditions for the discharge must be
part of the permit.
a) Summary of the objective
The permits referred to in Article 4 par. 1 of Directive 88/609/EEC lay down the conditions
for discharging waste gases. The competent authority is to ensure particularly that the height
of the stack is calculated so as to protect human health and the environment. Combustion
products must be discharged into the air in a controlled manner that does not cause excessive
pollution under extreme conditions in the air, which must follow from dispersion studies. This
requirement is laid down in the draft substantive intent of the Act on protection of the air and
the ozone layer of the Earth.
If 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 judgment of the competent
authorities (under conditions in CR, apparently CEI), be discharged through a common stack,
the combination formed by such plants is to be regarded as a single unit.
Aggregation of new plants is thus necessary wherever these sources exist separately next to
one another. The purpose of this measure is to prevent the formation of excessive numbers of
small plants with separate stacks, subject to lower emission limits than for one large plant.
b) Identification of implementation steps
Preparatory phase of implementation
 Analysis of the current situation
Responsibility:
ME, CHMI
Date: In March 2000 CHMI carried out an analysis of the current situation and stated that
exact information for the purposes of the Directive will be available in August 2000
(aggregation of plants, combustion of several kinds of fuel)
Date:
August 2000
Implementation phase
 Transposition in the new Act on protection of the air and the ozone layer of the Earth and
its implementing Decree
Responsibility:
ME
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Implementation Plan for Council Directive 88/609/EEC and Council Directive 94/66/EC on the Limitation of Emissions of
Certain Pollutants into the Air from Large Combustion Plants
Date: 11/2001 (Legal force of the new Act on protection of the air and the ozone layer of the
Earth and its implementing Decrees)
Revision phase
 Regular control of compliance with the prescribed conditions for discharge of waste gases
Responsibility:
ME, CEI
Date:
on-going
4.
Where a combustion plant is extended by at least 50 MW thermal input, the
emission limit value to be applied to the new part of the plant shall be fixed in
relation to the thermal capacity of the entire plant.
a) Summary of the objective
This provision does not apply to cases referred to in Article 9 par. 2 of Directive 88/609/EEC.
b) Identification of implementation steps
Implementation phase
 Transposition in the new Act on protection of the air and the ozone layer of the Earth and
its implementing Decree
Responsibility:
ME
Date:
11/2001 (Legal force of the new Act on protection of the air and
the ozone layer of the Earth and its implementing Decrees)
Revision phase
 Regular control of compliance with the emission limits
Responsibility:
ME, CEI
Date:
on-going
5.
In the case of construction of combustion plants which are likely to have significant
effects on the environment in another member state, the member state shall ensure
that all appropriate information and consultation takes place, in accordance with
Article 7 of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the
effects of certain public and private projects on the environment.
a) Summary of the objective
In case of a plan to construct a plant which is likely to have an impact on the environment in
another member state, the competent air protection authority shall ensure that all appropriate
information is provided and that consultations take place, in accordance with Article 7 of
Council Directive 85/337/EEC on the assessment of the effects of these plants on the
environment.
b) Identification of implementation steps
Preparatory phase of implementation
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Implementation Plan for Council Directive 88/609/EEC and Council Directive 94/66/EC on the Limitation of Emissions of
Certain Pollutants into the Air from Large Combustion Plants
 Identification of necessary data
This requirement applies to plants constructed after accession of the Czech Republic to the
EU; this will apparently be included in a new Act on EIA by that time.
Responsibility:
ME
Date:
to be specified for the construction of new plants
 Collection of the necessary data
Responsibility:
CHMI, CEI, RAA, the exact responsibility of the individual
institutions has not yet been established
Date:
to be decided for the construction of new plants
Implementation phase
 Transposition through a new Act on environmental impact assessment (EIA). This
provision of the Directive applies to plants to be newly constructed.
Responsibility:
ME
Date:
legal force of the new Act on EIA (expected 07/2001)
 Identification of plants subject to the Directive
Responsibility:
ME, CEI, CHMI
Date: In this provision, the Directive applies to plants to be constructed in the future; the exact
competence of the individual institutions has not yet been specified. Competence for EIA has
been specified and will be included in the new Act.
Revision phase
 Preparation of EIA legislation
Responsibility:
ME
Date:
legal force of the new Act on EIA (expected 07/2001)
Reporting
 Reporting to the Czech competent authorities
 Reporting to the European Commission
Responsibility:
ME, CEI, CHMI
Date:
in dependence on the date for construction of the plant
6.
The member states shall adopt appropriate measures to ensure monitoring of
emissions from plants for combustion of fuels that are subject to this Directive and
all the other values required for implementing the Directive. Continuous
measurements are required for plants with a thermal input of greater than 300 MW.
a) Summary of the objective
1. Member States shall take the necessary measures to ensure the monitoring, in accordance
with Annex IX, of emissions from the combustion plants covered by this Directive and of
all other values required for the implementation of this Directive. Member States may
require that such monitoring shall be carried out at the operator's expense. It is necessary
to carry out inspection and monitoring of the plant and evaluate the results of
measurement to enable evaluation of compliance with the emission limits. Where
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Implementation Plan for Council Directive 88/609/EEC and Council Directive 94/66/EC on the Limitation of Emissions of
Certain Pollutants into the Air from Large Combustion Plants
necessary, enforcement measures must be used (cancelling of the licence and imposing
fines in cases of infringement against the emission limits).
2. The measuring methods and/or equipment used to determine the concentrations of sulphur
dioxide, particulate matter, oxides of nitrogen and oxygen and the other values required in
order to monitor implementation of this Directive, and all other equipment used in order to
evaluate the results, shall correspond to the best industrial measurement technology and
shall provide reproducible and comparable results.
These methods of determination must be approved by the pertinent authorities
b) Identification of implementation steps
The provision on continuous measurements required by Directive 88/609/EEC is less strict
than the current requirements of the Czech legislation. The EU requires continuous
measurement of dust, sulphur dioxide and nitrogen oxides for all plants with a thermal input
greater than 300 MW. In CR at the present time, it is compulsory to carry out continuous
measurements at plants with a summary thermal output of 150 MW or greater (i.e. from
approx. 170 MW thermal input); in addition, in CR it is obligatory to continuously measure
the carbon monoxide levels for these plants.
The implementing Decree to the new Act on protection of the air and the ozone layer of the
Earth should retain the current provisions, which are stricter than those of the EU Directive.
The current system of evaluating the values from continuous measurements is somewhat
different, but has at least equivalent requirements on evaluation of compliance with the
emission limits according to the EC regulations, and thus it is recommended that it be retained
for existing plants to at least 2010. The transposition of the basic characteristics of this system
is also the content of Decree No. 117/1997 Coll.
Preparatory phase of implementation
 Analysis of the current situation in relation to the requirement
Responsibility:
CHMI, CEI
Date: At the present time, the Czech Republic already complies with the requirements, as
follows from the current Act on the Air No. 309/1991 Coll., as amended, and Decree No.
117/1997 Coll.
 Methods for measuring, calibration and processing of data used for this purpose
Responsibility:
ME
Date:
CR currently meets this requirement - introduced standards of
the ISO series.
Implementation phase
 Transposition in the current air protection legislation (the Act on the Air No. 309/1991
Coll., as amended, and Decree No. 117/1997 Coll.) and, in the future, in the Act on protection
of the air and the ozone layer of the Earth and its implementing Decree
Responsibility:
ME
Date:
11/2001 (expected legal force of the Act on protection of the air and the
ozone layer of the Earth and its implementing Decrees)

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Identification of plants subject to the Directive
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Implementation Plan for Council Directive 88/609/EEC and Council Directive 94/66/EC on the Limitation of Emissions of
Certain Pollutants into the Air from Large Combustion Plants
Responsibility:
Date:
ME, CEI
fulfilled in the framework of the current Act on the Air No. 309/1991
Coll., as amended
Revision phase
 Regular control of compliance with provision for monitoring of emissions from plants for
the combustion of fuels subject to this Directive. Regular control of measuring methods.
Responsibility:
CEI
Date:
on-going
Enforcement
 By the authorities on whom this is imposed by the Act on protection of the air and the
ozone layer of the Earth
Responsibility:
CEI, ME
Date:
on-going
7. Horizontal requirements:
7.1 Responsibilities
Definition and classification of large combustion plants is provided by the Act transposing
Directive 88/609/EEC. In addition, it must introduce a process for authorization, required for
permitting the operation of existing and new plants covered by the Directive. According to the
current legislation, authorization consists in consent from the air protection authorities;
according to the new Act on protection of the air and the ozone layer of the Earth, this will be
a permit from the air protection administrative authority. As combustion plants with a thermal
input of 50 MW or greater are subject to Directive 96/61/EC on IPPC, authorization for
integrated permits will be issued according to the appropriate Act transposing this Directive. It
is expected that, until integrated permits are issued pursuant to IPPC, existing plants will be
operated on the basis of the Act on protection of the air and the ozone layer of the Earth.
Directive 88/609/EEC will be transposed into the Czech legislation through both the new Act
on protection of the air and the ozone layer of the Earth and its implementing Decrees
(according to the draft substantive intent of the Act, this will be Decree No. 3, valid for all
combustion plants), and especially the new Act on integrated pollution prevention and control.
This is because, in addition to IPPC procedures, large combustion plants will also be subject
to the provisions of the Act on protection of the air, valid for all sources irrespective of their
size (e.g. regulation in the framework of the warning and regulation systems).
Responsible: ME
Date: The aspect of the licencing authority (competent authority) is discussed in the
implementation plan to Directive 96/61/EC.
7.2 Reporting
The Member States shall take appropriate measures to ensure that the operator informs
the competent authorities within reasonable time limits about the results of the
continuous measurements, the checking of the measuring equipment, and the individual
measurements and about all other measurements carried out in order to assess
compliance with this Directive.
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Implementation Plan for Council Directive 88/609/EEC and Council Directive 94/66/EC on the Limitation of Emissions of
Certain Pollutants into the Air from Large Combustion Plants
a) Summary of the objective
It is necessary:
To ensure that operators inform the competent authorities of the results of continuous
monitoring and other measures carried out in accord with the permit to operate the plant.
To establish a system of submitting reports and databases to enable reporting to the
Commission and informing the public. Reports must be submitted to the Commission on:
transposition and implementation, total annual emissions and methods used to measure
emissions, derogations, information on monitoring, programs and technical difficulties
connected with implementation. It follows from Article 13 and related Annex IX that the
member states are obliged to report to the Commission on the total annual emissions of SO2
and NOx from new plants for the combustion of fuels, together with the information required
according to paragraph C3 of Annex IX on total annual emissions from existing plants.
To prepare a complete survey of emissions of SO2 and NOx from existing plants, beginning in
1990 and then for each subsequent year according to the rules of point C of Annex IX. The
results of this inventory are to be communicated to the Commission in a conveniently
aggregated form within nine months from the end of the year considered.
To create a system of submitting reports and for collection, storage and processing of data.
To extend the competence of ME on providing access to information to include
communicating information on emissions and emission trends to the EU Commission.
To provide for the obligation of the appropriate authorities to provide information on the
criteria of efficiency of equipment or methods for measuring, calibration and processing of
data used for this purpose and to communicate this information to the Commission.
b) Identification of implementation steps
Preparatory phase of implementation
 Analysis of the current situation
Responsibility:
ME, CEI, CHMI
A system of submitting reports has not yet been prepared. At the present time a system exists
for submitting reports to the authorities of CLRTAP; the system for the purposes of Directive
88/609/EEC will probably be an extension of current practice.
Implementation phase
 Transposition in the new Act on protection of the air; it is expected that a methodical
instruction of ME on reporting will be issued.
Responsibility:
ME
Date:
11/2001 (Legal force of the Act on protection of the air and the ozone
layer of the Earth and its Decrees)
Revision phase
 Regular control of information from the operators of plants (results of continuous
measurements, control of measuring instruments, results of individual measurements, etc.)
Responsibility:
ME - legislative work
CHMI - administrator of the database of air pollution sources
CEI - inspection work
Date:
on-going
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Reporting
 Reporting to the Czech competent authorities
 Reporting to the European Commission
The database of sources of air pollution is administered by CHMI, which cooperates with CEI
in entering data on sources. In addition, it is expected that an Integrated pollution register will
be introduced (Draft for the substantive intent of the new Act on integrated pollution
prevention and control and the integrated pollution register).
It is necessary to report to the Commission on: transposition and implementation (ME), total
annual emissions and methods used to measure emissions (CHMI in cooperation with CEI),
derogation(ME), information on monitoring (CHMI in cooperation with CEI), programs and
technical difficulties connected with implementation (ME). However, the exact competence of
the individual institutes has not yet been established. Proposals are given in brackets.
Responsibility:
ME, CEI, CHMI
Date:
Part of the requirements are already fulfilled; the others will be met
after legal force of the Act on protection of the air and the ozone layer
of the Earth and its Decrees (11/2001).
IV. Requirements to the date of accession



transposition of Directives 88/609/EEC, 94/66/EC and 96/61/EC into the national
legislation
compliance with the emission limits for new plants (new in the sense of Directive
88/609/EEC and new in the sense of Directive 96/61/EC, if a transition period is allowed
for new plants covered by the IPPC Directive) (emission ceilings have not yet been
established for CR in the sense of Directive 88/609/EEC)
reporting to the Commission
V. Current state
At the present time, a draft has been prepared for Decree No. 3 to the new Act on protection
of the air, transposing Directive 88/609/EEC and Directive 94/66/EC into the Czech
legislation. Decree No. 3 will cover all combustion plants irrespective of their size.
§ 3 par. 2 of Act No. 309/1991 Coll., on the air, as amended, classified stationary sources for
combustion of fuel as small, medium and large according to their thermal output. Small
stationary sources for combustion of fuel have a thermal output of up to 0.2 MW incl.,
medium sources from 0.2 to 5 MW, incl. and sources over 5 MW are large sources. The
thermal output in MW is employed to express size.
A basic difference lies in the fact that the European Union uses thermal input. The Directive
itself is valid for sources with a thermal input of 50 MW or greater, while other sources
remain within the competence of the national governments.
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VI. Identification of problem areas, proposed measures
Reporting
The obligation to inform the Commission of the European Union on emissions from all plants
subject to this Directive, on programs to decrease emissions, etc. leads to the necessity of
appointing an authority responsible for these obligations. Logically, this should be the
Ministry of the Environment or an organization appointed thereby. The latter could be the
Czech Environmental Inspection or the Czech Hydrometeorological Institute. If this obligation
were delegated to the subordinate organization, its structure should be modified for this
purpose.
The competent authority - the licencing body
A proposal for an institutional base is described in the implementation plan for the IPPC
Directive.
Emission limits
Difficulties could be related to the stricter emission limits for sulphur dioxide, which could be
required by application of Directive 88/609/EEC through reclassification of plants in accord
with the requirements of the Directive to classify plants according to their thermal input rather
than thermal output, as at the present time under the Act on the Air, No. 309/1991 Coll., as
amended. This could apply to 21 new sources that have been approached; their viewpoints are
being collected.
The requirements of the valid Directives should be fulfilled by the date of accession of the
Czech Republic to the European Union. Plants for which the original construction permits
were issued on July 1, 1987 or later will have to comply with the emission limits for new
sources. These limits must also be fulfilled by plants that obtain construction permits after the
date of legal force of the Act on protection of the air and the ozone layer of the Earth.
According to Directive 96/61/EC, all plants will have to attain certain limits by a certain
deadline, irrespective of the date of the original permit. The Czech Republic has indicated that
it will request a transition period in this case.
Coordination in providing for obligations following from Directive 88/609/EEC and IPPC
To minimize overall economic impacts, the most effective system for an institutional basis
should be proposed. The impact of compliance with these Directives on the economy will be
examined.
VII. Identification of stakeholders and their involvement in the
approximation process
The main group that will be directly affected by the introduction of the Directive will be the
operators of large combustion plants (ČEZ Plc., the Association of Heating Plants in CR,
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heating plants outside of this association) and special-interest federations: the Association of
energy-production managers, the Federation of Industry and Transport in CR. Implementation
of this Directive will require cooperation with the Ministry of Industry and Trade. All the
above organizations were requested by the Ministry of the Environment to submit comments
on Directive 88/609/EEC. The comments of some of the operators are given in below. The
operators of new sources were again individually approached to include all entities.
Standpoints of individual affected groups on implementation of Directive 88/609/EEC
1. Association of Heating Plants of CR
Following assessment of EU Directives 88/360/EEC and 96/61/EC and especially Council
Directive 88/609/EEC, and following consultation with the members of the Association of
Heating Plants in CR, we wish to make the following comments in relation to the heating
plant sector. It should be pointed out that the 64 heating plant entities (members of the
Association of Heating Plants in CR) constitute only about 2.5% of the total number of
heating entities in CR, but produce approx. 67% of the heat supplied to the long-distance
central heating network and approx. half of the electrical energy in CR.
Ability to comply with the proposed emission limits, expected costs and connections
amongst the individual elements of environmental protection (relation to IPPC)
The proposed limits for SO2, NOx, CO and dust are fulfilled by existing sources only under
specific conditions that, however, have several variants depending on the speed and means of
deregulation of prices, especially for imported fuels (heavy heating oils, light heating oils,
gas):
- the existing technologies for combustion and for purification of combustion products and
treatment of slag and ash have certain technical limitations in relation to an increase in
capacity (decrease in pollution limits)
- every increase in the output of the equipment (reduction in pollutants) is necessarily
connected with an increase in operating costs
- all the heating plant entities that are members of the Association of Heating Plants comply
with the limits for environmental protection according to the valid legislation
- investments costs will have to be expended by those heating plant entities whose
technology has no spare capacity (estimated at about 20-25% of heating sources).
- the expenditures caused by investments caused by increased requirements on
environmental protection are given for the members of the Association of Heating Plants
in Table 1. However, these expenditures are determined in most cases for a technical
approach consisting in conversion to gas. In the light of the current rapid increase in the
price of this fuel, it is, however, very probable that technology for other fuel will be
preferred (brown or black coal). However, this will require far greater expenditures than
given in the Table. Thus, the data in the table must be considered to correspond to
minimum necessary costs for environmental protection measures.
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Investments of members of the Association of Heating Plants of CR
Investments into:
Implemented
Planned
(mil. CZK)
- new sources
reconstruction of
sources
- environmental
measures ( sulphur
removal, ...)
reconstruction of the
heating pipelines
exchange stations
- turbine
- measuring and
regulation
- other areas (see
Note)
TOTAL
in 1993 - 98
9600
11 338
by 2000
257
1998
by 2005
2668
3420
by 2010
2023
140
4731
185
1074
51
3193
1852
2027
397
631
2052
844
473
486
288
390
667
208
83
960
132
990
636
289
88
33379
6175
10743
3874
Note: modification of fuel, chemical treatment of water, disposal of waste waters, construction, electrical
distribution, treatment of combustion products
2. ČEZ Plc. (Czech Power Production Company)
In connection with compliance with the requirements of Act No. 309/1991 Coll., as amended,
ČEZ Plc. has adopted a program to decrease emissions of selected air pollutants (for which the
Act imposed emission limits). This "program" was implemented in the 1992 - 1998 period as
a set of interconnected technical and organizational measures concerned particularly with
 selection of blocks/furnaces whose operations will be terminated at a set date
(block/furnace cut-back)
 selection of blocks/furnaces suitable for fitting with new technology to decrease
emissions,
 construction of sulphur removal equipment or new furnaces with fluid combustion for
selected blocks/furnaces
 implementation of primary measures to decrease emissions of nitrogen oxides,
 completion of retrofitting of particulate matter separators,
 use of cleaner fuels.
In the framework of the "programs" a total of 20 blocks/turbogenerators with a total installed
output of 2020 MW were shut down and sulphur-removal equipment was installed in 32
blocks - of this number, the wet limestone scrubbing technology was installed in 30 blocks
with a total installed output of 5710 MW and the semi-dry method was installed at 2 blocks
with an output of 2 x 110 MW. A total of 7 new furnaces with fluid combustion were
constructed, with a total electrical output of 497 MW.
Investments expended to implement the program corresponded to the sum of about 45 bil.
CZK.
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In connection with the transposition of Directive 88/609/EEC in the newly prepared Act on
protection of the air and the ozone layer of the Earth in CR, it can be stated on the basis of
experience to date in the operation of sulphur-removal technology and fluid-bed furnaces that:
1. It will apparently not be difficult to comply with the emission limits pursuant to Directive
88/609/EEC for particulate matter and for nitrogen oxides in all the blocks and furnaces of
the power plants and heating plants of ČEZ Plc.
2. It will not be possible to provide for compliance with the emission limits pursuant to
Directive 88/609/EEC in two 110 MW blocks in the Ledvice power plant, where the semidry method of sulphur removal is installed.
On the basis of a professional estimate, it can be stated that remedial measures to comply with
the emission limits in ČEZ Plc. would require expenditures of about 2.5 to 4.0 bil. CZK.
These expenditures are not yet considered or included in the proposals for the medium-term
business plans of ČEZ Plc.
In the light of the expected deadlines for compliance with the proposed emission limits and in
relation to the age of the blocks, it could also be suggested that these blocks will be operated
for as long as permitted by the new Act.
3. The Federation of Industry and Transport of CR
At the present time, the chemical industry emits about 50 thous. tons of sulphur mixtures. It
has modified the furnaces in its large heating plants to attain the limits according to the valid
legislation, mostly 1700 mg SOx/m3 with specific costs for the companies of:
Spolana
(400 MW thermal)
260 thous. CZK/t SOx
Kaučuk
(400 MW thermal)
243 thous. CZK/t SOx
Chemopetrol
(400 MW thermal)
206 thous. CZK/t SOx incl. sulphur removal
(thus higher ......)
The attempt of every investor - operator to not only improve emissions, but also to
simultaneously modernize the combustion regime, i.e. shut down the block for a long period,
provide for reserve output and work, etc., i.e. to invest rationally, must be reflected in all the
cost curves.
If a decrease in emissions of sulphur compounds were to lead to an approx. 50% decrease in
mass fluxes (derived from a concentration decrease of 1700/800), the chemical industry would
have to expend about 5 bil. CZK (approximately the entire annual profits) for further
modernization and improvement in the environmental parameters of energy-production
operations, where basic alterations were carried out in 1998 to decrease emissions to the
required limiting levels.
Summary
The Federation of Industry and Transport has made especially detailed comments on the
aspect of the chemical industry. Five plants fall into the category of new sources belonging to
the Federation of Industry and Transport.
The Association of Heating Plants in CR has submitted a survey of investments by members
of this association into air protection, both implemented and planned. The amounts of
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investments in this area in the future will follow from the prices of fossil fuels. Seven plants
fall into the category of new sources here.
The power-production company ČEZ Plc. does not operate any new sources according to the
definition of Directive 88/609/EEC. The survey submitted describes both investments by this
company necessary to comply with the requirements of Act No. 309/1991 Coll., as amended,
and also considerations related to compliance with the emission limits pursuant to Directive
88/609/EEC if valid also for existing sources.
The Federation of Industry and Transport, the Association of Heating Plants in CR and the
ČEZ company have also submitted viewpoints on compliance with the requirements of Act
No. 309/1991 Coll. All plants (21) falling in the category of new sources were requested by
the Ministry of the Environment to state a viewpoint on the requirements of Directive
88/609/EEC. The viewpoints received to date indicate that implementation of Directives
88/609/EEC and 94/66/EC will not present any difficulties for any of the 21 new sources (as
defined by Directive 88/609/EEC).
VIII. Institutional, material and personnel needs
The requirements on increased personnel in state institutions in connection with
implementation of Directives 84/360/EEC, 88/609/EEC and 94/66/EC are included in the
implementation plan for Council Directive 96/62/EC and Directive 96/61/EC, IPPC.
IX. Costs and financial resources
a) Expenditures of the state budget
See the implementation plan for Council Directive 96/62/EC and/or the implementation plan
for Directive 96/61/EC, IPPC.
b) Estimated costs for the private sector (million CZK)
Compliance with the requirements on emission limits from industrial plants will lead to
financial costs for the affected company. The total amount of financial expenditures and
economic impacts will depend on the requirements following from integrated permits
pursuant to the IPPC Directive. Most plants covered by Directive 84/360/EEC are also subject
to the regime of integrated permits.
See also the implementation plan for Directive 96/61/EC.
X. Economic impacts
The expected impact on the prices of the production of energy from nonrenewable fossil
sources. A favorable impact lies in the increase in the competitiveness of production of energy
from renewable sources, with a consequent beneficial impact on the air quality. After
evaluation of the replies from all 21 operators of new sources, it will become possible to
evaluate the economic impacts of Directive 88/609/EEC for these operators.
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Greater requirements on decreasing emissions will be reflected in increased demand for
complementary goods - limestone, etc.
XI. Project identification
Projects related to implementation of Council Directives 88/609/EEC and 94/66/EEC on
the Limitation of Emissions of Certain Pollutants into the Air from Large Combustion
Plants
Existing / Approved projects:
1. Project EU 740/3/99 Documentary material for the substantive intent of the new Act on
the air.
2. Project PR 740/26/99 Proposal for values and structures of emission ceilings for use in the
air protection legislation in CR.
3. Project PR 740/22/99 Creation of the text of a draft regulation (Decree) to fully transpose
the provisions of the applicable Directives of the European Communities covering
emissions from industrial incineration plants (specifically Directive 88/609/EEC on the
limitation of emissions of certain pollutants into the air from large combustion plants) and
also fully respecting the provisions of Council Decision No 97/101/EC requiring
reciprocal exchange of information and data from the network and individual stations
measuring air quality in the member states and also a survey of problems following from
the requirements of transposition of the provisions of the Council of EU on air quality.
The draft text of the provisions of the Decree and Act includes both the contents of the
individual provisions and the justification therefor (accompanying substantiation report).
Simultaneously, it is necessary that Directive 96/61/EC be fully taken into account.
4. The project Implementation Investment Strategies for EC Directives - CZ 9811-02-01.
The project is concerned with adopting and implementing of Environmental Acquis in the
area of air protection. One of the key areas is the area of industrial pollution. Special
attention will be paid to the institutional and economic aspects of implementation.
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