COMMISSION IMPLEMENTING DECISION
of 10 February 2012
laying down rules concerning the transitional national plans referred to in Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions
(notified under document C(2012) 612)
(Text with EEA relevance)
(2012/115/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (1), and in particular Article 41(b) thereof,
Whereas:
(1)
Article 32 of Directive 2010/75/EU provides that Member States, during the period from 1 January 2016 to 30 June 2020, may draw up and implement a transitional national plan covering particular combustion plants for which the plan shall cover emissions of one or more of the following pollutants: nitrogen oxides, sulphur dioxide and dust. For gas turbines, only nitrogen oxides emissions shall be covered by the plan.
(2)
Combustion plants covered by the transitional national plan may be exempted from compliance with the emission limit values referred to in Article 30(2) of Directive 2010/75/EU for the pollutants which are subject to the plan or, where applicable, with the rates of desulphurisation referred to in Article 31 of Directive 2010/75/EU.
(3)
In order to ensure uniform implementation of Article 32 of Directive 2010/75/EU, implementing rules should be adopted.
(4)
The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 75(1) of Directive 2010/75/EU,
HAS ADOPTED THIS DECISION:
Article 1
Combustion plants to be included in the transitional national plans
In accordance with the detailed provisions laid down in Section 1 of the Annex to this Decision, a transitional national plan shall only include entire combustion plants covered by Chapter III of Directive 2010/75/EU, taking into account the provisions of Article 32(1) and the aggregation rules provided for in Article 29 of Directive 2010/75/EU.
Article 2
Content of the transitional national plans
1. Each transitional national plan shall include the following information in accordance with Section 2 of the Annex to this Decision:
(a)
a list of all the combustion plants that fall under the plan, including all relevant information on their operational characteristics;
(b)
the calculated contribution of each individual combustion plant to the emission ceilings for 2016 and 2019;
(c)
a table setting out the emission ceilings for each of the pollutants the plan covers for the years 2016, 2017, 2018, 2019 and for the first semester of the year 2020;
(d)
the details of the calculation of those emission ceilings.
In addition, the transitional national plan shall contain the following information:
(a)
a description of how the implementation of the plan shall be monitored and reported to the Commission;
(b)
a list of the measures that shall be applied to ensure that all combustion plants that are included in the plan comply on 1 July 2020 at the latest with the applicable emission limit values set out in Annex V to Directive 2010/75/EU.
2. For the purposes of point (a) of the first subparagraph of paragraph 1, Member States shall use the template provided for in Table A.1 in Appendix A to the Annex to this Decision.
For the purposes of point (c) of the first subparagraph of paragraph 1, Member States shall use the template provided for in Table B.3 in Appendix B to the Annex to this Decision.
Article 3
Setting emission ceilings in the transitional national plans
1. For the purposes of Article 32(3) of Directive 2010/75/EU the emission ceilings shall be calculated in accordance with the methods set out in Section 3 of the Annex to this Decision.
2. Member States shall use the template provided for in Table B.1 in Appendix B to the Annex to this Decision to present the relevant emission limit values and minimum rates of desulphurisation, the calculated contributions of each combustion plant to the 2016 emission ceilings and the total 2016 emission ceilings.
In the following cases, Member States shall, in the column of the template labelled ‘comments’, provide additional information on the emission limit values applied for the calculation:
(a)
where emission limit values mentioned in the Notes to Tables C.1 and C.2 in Appendix C to the Annex to this Decision have been applied;
(b)
where plants use multiple fuel types or consist of a combination of multiple plant types.
3. Member States shall use the template provided for in Table B.2 in Appendix B to the Annex to this Decision to present the relevant emission limit values and the minimum rates of desulphurisation, the calculated contributions of each combustion plant to the 2019 emission ceilings and the total 2019 emission ceilings.
In the following cases, Member States shall, in the column of the template labelled ‘comments’, provide additional information on the emission limit values applied for the calculation:
(a)
where emission limit values mentioned in the Notes to Tables D.1 and D.2 in Appendix D to the Annex to this Decision have been applied;
(b)
where plants use multiple fuel types or consist of a combination of multiple plant types.
Article 4
Implementation of the transitional national plan
In accordance with the second and third subparagraphs of Article 32(5) of Directive 2010/75/EU, a Member State may only implement its transitional national plan upon acceptance by the Commission.
Article 5
Subsequent changes to the transitional national plan
1. Member States shall establish a mechanism that allows identifying any relevant changes to combustion plants falling under the transitional national plan which may affect the applicable emission ceilings.
2. For the purposes of Article 32(6) of Directive 2010/75/EU, Member States shall inform the Commission of any subsequent changes to the plan affecting the applicable emission ceilings, in accordance with Section 4 of the Annex to this Decision.
Article 6
Compliance monitoring, remedial action and reporting to the Commission
1. For the purposes of Article 32(4) of Directive 2010/75/EU, the competent authorities shall monitor the emissions of nitrogen oxides, sulphur dioxide and dust of each combustion plant falling under the transitional national plan, by verifying the monitoring or calculation data of the operators of the combustion plants.
2. Member States shall ensure that emissions of nitrogen oxides, sulphur dioxide and dust from the combustion plants falling under the transitional national plan are limited to a degree which allows compliance with the emission ceilings. Where there is a risk that emission ceilings are not complied with, Member States shall take the necessary measures to prevent any emissions exceeding those ceilings.
3. Member States implementing a transitional national plan shall report to the Commission every year within 12 months the plant-by-plant data listed in Article 72(3) of Directive 2010/75/EU for all combustion plants included in the plan.
Article 7
This Decision is addressed to the Member States.
Done at Brussels, 10 February 2012.