Council of the
European Union
Brussels, 16 September 2014
(OR. en)
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ADD 3
Interinstitutional File:
2013/0442 (COD)
LIMITE
ENV 694
ENER 363
IND 215
TRANS 376
ENT 170
SAN 302
PARLNAT 218
CODEC 1670
NOTE
From:
To:
General Secretariat of the Council
Delegations
No. Cion doc.:
18170/13 ENV 1236 ENER 601 IND 389 TRANS 694 ENT 357 SAN 557
PARLNAT 326 CODEC 3089 - COM(2013) 919 final
Subject:
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
- Comments from delegations
Delegations will find in the Annex comments received from CZ/ES on the above-mentioned
proposal.
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ANNEX
CZECH REPUBLIC
Czech Republic thanks the Presidency for the inclusion of some of our previous comments and
proposals; however we still have reservations about some parts of the text. We would also like to
refer to our previous detailed proposals (documents 11278/14 ADD 2, 9007/14 ADD 2) with
concrete wording, that had not been taken into account and to which we are still looking forward to
receiving any feedback.
Baring in mind our existing proposals, please, find attached also additional comments bellow.
Article 1: Subject matter
Czech Republic is one of the MSs which propose including carbon monoxide to the pollutants
controlled by the directive; its emissions are directly connected to the emissions of nitrogen oxides
(the limit values should not be stricter than out proposals in the document 11278/14 ADD 2). In our
view, it could be part of the overall compromise, balancing weakenings in other parts of the
directive proposal.
Article 2: Scope
Czech Republic is strongly against excluding MCPs with rated thermal input bellow 5 MW from
the scope of the directive.
Czech Republic reminds the necessity of the introduction of aggregation rules for the whole scope
of medium combustion plants as suggested in the Czech proposal (document 11278/14 ADD 2).
The current design of Annex II (different ELVs for different categories of plants) in our opinion
requires full application of the aggregation rules as applied in IED.
Article 5: Emission limit values and Annexes II and III
Czech Republic would like to stress that the presidency proposals do not take the specifics of the
Czech Republic into account and as presented on the last meeting of the WPE, also of the other
MSs, regarding the use of domestic coal with sulphur content higher than the EU average. Czech
Republic has concerns about economic and technical feasibility of achieving the proposed emission
limit values for SO2 without application of secondary measures of emission control (e.g. wet flue
gas desulphurisation). The application of secondary measures at the MCP plants is not economically
acceptable in the Czech Republic and would lead to the loss of competitiveness against plants with
thermal input under 1 MW with negative consequences for the environment. Reducing the share of
domestic coal would increase the energy dependence and this is not in line with the energy policy of
the Czech Republic.
Czech Republic is flexible concerning the possibility of setting another category of MCPs (2050 MW). For this category (20-50 MW), the emissions limit value for SO2 1200 mg/m3, could be
acceptable as part of the overall compromise. However, with regard to the quality of domestic coal,
it is crucial for the Czech Republic to set the emission limit value for SO2 for plants under 20 MW
on the level of 1500 mg/m3. The application of the aggregation rules will include more plants in the
category 20-50 MW than in the current text.
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Czech Republic is against the increase of emission limit values for dust over the figures proposed in
the Presidency text. They are technically and economically achievable and are important in terms of
reducing the air pollution.
Czech Republic is still examining the emission limit values for new MCPs.
Czech Republic doesn’t support the new text added by the Presidency in article 5 point 3
(postponement of the obligations for new plants to 2025) and prefers the Commission text.
Czech Republic shares the opinion of some MSs, that the ELVs for dust for existing medium
combustion plants firing solid fuels, should enter into force at the latest by 1 January 2020. In our
view it is necessary to take the Commission communication to the Clean Air Program for Europe
into account, which expects full compliance with the air quality standards by 2020 at the latest, and
therefore it is necessary to reduce the emissions from medium combustion plants firing solid fuels
as part of the measures for reduction of PM without any unjustified postponement. If our comments
related to the ELVs SO2 will be reflected, we are of the opinion, that all the ELVs are technically
achievable in relatively short time with all related environmental benefits.
Czech Republic strongly recommends deletion of point 4 of article 5 and also the Annex III. Setting
specific operating conditions in relation to concrete local conditions or through air quality
improvement programs, case by case, is sufficient.
We could accept the reference conditions as proposed by the Commission and by the Presidency
even though the practice in the Czech Republic is different now.
Article 6: Monitoring of emissions and the operation of abatement equipment and Annex IV
Czech Republic proposes a frequency of monitoring once per calendar year for solid fuels
combustion plants in the thermal input range of 1-20 MW.
Article 7: Compliance check
Czech Republic considers it necessary to provide an exception for MCPs in such cases where the
restrictions could cause higher emissions than their operation or where the restrictions could cause
health risks.
We propose the following amendment to article 7 point 4 (document 9007/14 ADD 2):
“Until compliance is restored in accordance with points (b) and (c), the operation of the plant shall
be suspended or reduced, except for situation, when human health would be endangered or the
suspension or reduction of the operation would cause higher emissions into the air. “
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SPAIN
GENERAL REMARKS
Spain welcomes the proposal for a Directive on the limitation of emissions of certain pollutants into
the air from medium combustion plants, covering the gap on emissions from plants of 1 to 50 MW.
This is the best solution to harmonize the emission limit values in EU.
Regarding IED and MCPD, double regulatory framework should be avoided. We consider that full
consistency between both regulations should not be structured through numerous specific
provisions and exemption clauses in Annex II. This approach would lead to unequal treatment and
the need for frequent changes in Annex II as new conclusions for BAT are approved. We consider
that the best way to assure full consistency is modifying article 2 in order to exclude from MCPD
scope all MCP that are included in installations under IED that have ELV set in the corresponding
approved document for BAT conclusions. So we include a proposal to modify article 2, and in
Annex II we have deleted all specific provisions for ELV related with IED activities
Annex III with indicative benchmark ELV should be maintained in MCPD in order to help the
competent authorities. The redaction of Article 5.4 can refer only to zones not complying with air
quality limit values or may be referred to any quality standard as art 18 of IED, but in any case it
should be clear that ELV in Annex III are indicative.
DETAILED REMARKS
1.
Subject matter
Subject
Inclusion of Emission Limit Values for CO, at least for solid fuels.
Amendment: Article 1 and Annex II
Article 1:
This Directive lays down rules to control emissions of sulphur dioxide, nitrogen oxides, dust and
carbon monoxide into the air from medium combustion plants (…)
Justification
CO is a good indicator of poor combustion, which increases the emissions of organic gaseous
compounds. Some of these organic compounds are polycyclic aromatic hydrocarbons (PAH), which
are proven to be carcinogenic. Another reason for the establishment of a limit value for CO is that
the operator could control air supply and/or temperature in such a way that the installation complies
with the NOx emission limit values proposed without taking structural (primary or secondary)
measures.
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2.
Scope
Subject
Clear exclusion of combustion units that are already regulated under the Directive 2010/75/EU on
industrial emissions and in particular through Decisions on the BAT conclusions, adopted as
referred to in article 13(5) of this directive.
Amendment:
Article 2.2.
This directive shall not apply to the following:
a)
Combustion plants that are covered by Commission implementing decisions establishing best
available techniques (BAT) conclusions under Directive 2010/75/EU of the European
Parliament and of the Council, where those implementing decisions are setting emission
levels associated with the BAT for the pollutants listed in Annex II of this Directive.
Justification
Emissions of pollutants from medium combustion plants in oil refineries and in other major
industrial activities are already regulated at European Union level under the provisions of Chapter II
of Directive 2010/75/EU and in particular through the BAT conclusions set out for the
corresponding industrial sector. If these plants would be included into the scope of this new
directive, a double regulatory framework would be created and there would be a need to make sure
that there is full consistency between both regulations (IED/BAT conclusions and MCPD), resulting
in the need for numerous specific provisions and exemption clauses.
3.
Small Isolated Systems (SIS) and Micro Isolated Systems (MIS)
Subject
Incorporating flexibility for combustion plants in territories with particular constraints for fuel
logistics and power generation, like small islands, remote islands and other territories outside the
European part of the country.
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Amendment: article 5.2 and Annex II
Article 5.2.
2.
From 1 January 2025 emissions into air of sulphur dioxide, nitrogen oxides, dust and carbon
monoxide from an existing medium combustion plant with a rated thermal input above 5 MW
shall not exceed the emission limit values set out in Part 1 of Annex II. For existing plants in
Small and Micro Isolated Systems (SIS/MIS), as defined in Directive 2009/72/EC, the
emission limit values set out in Part 1 of Annex II shall entry into force in 2030.
From 1 January 2030 emissions into air of sulphur dioxide, nitrogen oxides, dust and carbon
monoxide from an existing medium combustion plant with a rated thermal input of 5 MW or
less shall not exceed the emission limit values set out in Part 1 of Annex II.
Member States may exempt existing medium combustion plants which do not operate more
than 500 operating hours per year from compliance with the emission limit values set out in
Part 1 of Annex II. In that case, for plants firing solid fuels, an emission limit value for dust of
200 mg/Nm³ shall apply.
For existing medium combustion plants located in territories outside the geographical
scope of the Gothemburg Protocol (or outside the European part of the country), Member
States may postpone a maximum of 5 years the date of entry into force of emission limit
values set out in Part 1 of Annex II
Justification
Specific geographic constraints may result in unavailability of certain fuels and unfeasibility of
electric interconnections, which conditions the technologies used for power generation. In these
cases the use of diesel engines becomes highly relevant due to its efficiency and rapid response time
in starts and stops.
Due to the above constraints, the costs of power generation in small isolated systems can be much
higher than the rest of the network, and the additional costs caused by the application of secondary
measures of emission control could have a very significant impact.
So, in small isolated systems a specific treatment is needed in terms of ELVs both for existing and
new combustion plants.
4.
Permit or registration
Subject
Modification of permit or registration deadline.
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Amendment: article 4
Article 4.
1.
Member States shall take the necessary measures to ensure that no new medium combustion
plant […] is operated without a permit or a registration […].
Existing medium combustion plants with a rated thermal input above 5 MW shall be
permitted or registered before 1 January 2025 3 years after the date of transposition.
Existing medium combustion plants with a rated thermal input of 5 MW or less shall be
permitted or registered before 1 January 2030 6 years after the date of transposition
Justification
The timetable for permit or registration should be long enough to allow the installations to prepare
the necessary documentation and to allow the competent authorities to complete the corresponding
proceedings.
But the deadline for permit or registration should finish sufficiently in advance for Member States
to have incorporated all existing MCP to the second and third reports required by article 12. 2 (2026
and 2030 respectively).
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