Explanatory Memorandum to COM(2013)919 - Limitation of emissions of certain pollutants into the air from medium combustion plants - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2013)919 - Limitation of emissions of certain pollutants into the air from medium combustion plants. |
|---|---|
| source | COM(2013)919  |
| date | 18-12-2013 |
General context – Grounds for and objectives of the proposal
The Decision of the European Parliament and of the Council on a General Union Environment Action Programme to 2020 'Living well, within the limits of our planet'[1] has been an important driver in the process of reviewing the EU Air quality Policy, in particular where it identified the need for measures to tackle air pollution at source.
The Communication from the Commission to the Council and the European Parliament 'A Clean Air Programme for Europe'[2] calls for action to control emissions of air polluting substances from combustion plants with a rated thermal input between 1 and 50 MW (hereafter medium combustion plants), thereby completing the regulatory framework for the combustion sector also with a view of increasing the synergies between air pollution and climate change policies.
Medium combustion plants are used for a wide variety of applications (including electricity generation, domestic/residential heating and cooling and providing heat/steam for industrial processes, etc.) and are an important source of emissions of sulphur dioxide, nitrogen oxides and particulate matter. The approximate number of medium combustion plants in the EU is 142,986.
The combustion of fuel in new small combustion plants and appliances can be covered by provisions implementing Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products[3]. Combustion of fuel in large combustion plants is controlled by Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) i from 7 January 2013, with Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants[5] continuing to apply to existing large combustion plants until 31 December 2015.
Emissions of air pollutants from medium combustion plants are generally not regulated at EU level, and it is therefore appropriate to complement the existing legislation relating to combustion plants with provisions for this category.
The present proposal is part of the new framework of action in the field of air quality in the EU, as set out in the revised EU Thematic Strategy on Air Pollution, and is consistent with and reinforces the Europe 2020 objectives on smart, inclusive and sustainable growth[6]. Care is taken to safeguard the interests of SMEs along the 'think small first' principle.[7]
Contents
- RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
- LEGAL ELEMENTS OF THE PROPOSAL
- BUDGETARY IMPLICATION
- Consistency with other policies and objectives of the Union
- Consultation of interested parties
- Result of the impact assessment
- Summary of the proposed action
- Explanatory documents
- Legal basis
- 5. OPTIONAL ELEMENTS
Stakeholders and the public were consulted through a series of formal and informal events, including two online questionnaires, a Eurobarometer survey, and a continued dialogue through multi- and bilateral meetings. Consultation with Member States also took place via the meetings of the Air Quality Expert Group. A significant part of stakeholders highlighted the importance of EU source controls for sharing the pollution reduction burden, and expressed favourable opinion in controlling emissions from medium combustion plants, noting however the need to limit administrative burden, which could become disproportionate, both for operators and for competent authorities, in case of a 'full' permitting regime. Input from stakeholders has been taken into account when designing the different possible options for controlling emissions from medium combustion plants.
A first scoping on-line public consultation was carried out at the end of 2011 with a view to broaden the information base for the initial development of the policy options. An internet consultation ran for 12 weeks from 10 December 2012 on the European Commission’s ‘Your voice in Europe’ web page. The consultation used two questionnaires, one short questionnaire aimed for the general public, the second one longer and more articulated, including questions on sources controls, targeting experts and stakeholders. A total of 1934 individuals answered from general public, while 371 responses were received from experts and stakeholders. Out of those latter, about 40% agreed on the necessity of regulating combustion plants below the 50MW threshold set in the Industrial Emissions Directive (IED) at EU level, with 20% from business representatives, 43% from individual experts, 48% from government representatives and 55% from NGOs. Business and government representatives chose a light permitting regime or registration regime, while about half of individual experts and NGOs opted for a 'full' permitting regime with EU-wide emission limit values.
All background information is available on a website[8] dedicated to this initiative.
As stated in the Impact Assessment (IA) of the Review of the Thematic Strategy on Air Pollution while the overall structure of air quality policy is logical and coherent, a better match must be ensured in practical implementation between source controls, emission ceilings and ambient air quality standards, notably to ensure that local achievement of ambient air quality standards is not compromised by (a) failure to limit pollution from significant point sources or from products (e.g. real world emissions), or (b) high background concentrations resulting from the overall emission burden.
To make progress towards the EU's long-term objective (after 2020) of further reducing health and environmental impacts of air pollution, a number of policy options were assessed with the aim of identifying a cost-effective package of measures. This included the consideration of selected additional EU source control measures, one of them addressing emissions from medium combustion plants. The result of the assessment is that an EU-wide instrument to control emissions from medium combustion plants would extend to all Member States the technical measures identified as cost-effective in the multi-sectorial analysis, and has led to the conclusion to propose a legislative instrument for controlling emission from such plants at EU-level.
Out of the five policy options considered and in depth analysed to control emissions from medium combustion plants, the preferred option would set emission limit values in line with those set in Directive 2010/75/EU for plants between 50-100 MW and in a number of Member States, and complemented with a number of emission limit values set out for new plants in the amended Gothenburg Protocol[9]. To limit the costs associated to nitrogen oxides reductions, the emission limit values should be mainly based on the application of primary emission abatement measures. In situations where air quality is not meeting the EU standards, Member States should however apply stricter limits.
To avoid significant impact on SMEs, in which most of the medium combustion plants are operated, a number of mitigation measures have been taken on board: operators will not require a permit, but need to notify the operation of the plant to the competent authorities, which will ensure registration; phased implementation providing existing plants a longer transitional period to comply with the limits has been also recommended with longer periods for the smallest plant category; limited or simplified monitoring and reporting obligations are foreseen.
The proposal, when establishing provisions for medium combustion plants, aims at filling in an existing gap in legislation. It introduces minimum requirements, keeping the administrative burden at the lowest possible level and taking special account of the situation of SMEs.
Specific information on the Articles and Annexes of the proposal is provided below.
Article 1 makes it clear that the directive aims at reducing emissions to air of sulphur dioxide, nitrogen oxides and particulate matter from medium combustion plants and thereby reducing the potential risks to human health and the environment from such emissions.
Article 2 defines the scope of the Directive in a way to avoid overlap with Directive 2009/125/EC or with Chapter III or IV of Directive 2010/75/EU, and exempts also some combustion plants on the basis of their technical characteristics or their use in particular activities.
Article 3 lists the definitions applicable for the purposes of this Directive.
Article 4 sets out the obligation of the competent authority to register medium combustion plants, based on notification by the operator. The elements of such notification are listed in Annex I.
Provisions on emission limit values are laid down in Article 5, with the corresponding values applicable for existing and new plants in Annex II. It is proposed that the emission limit values apply to existing combustion plants after a fixed period from the date of application of this Directive, in order to provide them with sufficient time to adapt technically to the requirements of this Directive. Article 5 i requires Member States to apply more stringent emission limit values to individual plants in zones not complying with air quality limit values. Annex III lays down the benchmark values for that purpose that reflect the performance of the most advanced techniques available.
Monitoring requirements are set out in Article 6 and Annex IV. This Annex is proposed to be adapted to technical and scientific progress by means of delegated acts (as per Articles 14 and 15).
Articles 7 and 8 of the proposal lay down provisions to ensure an effective implementation and enforcement of this Directive. In particular, a provision is introduced to require operators to immediately report on non-compliance to the competent authority. Member States should also ensure that the operator and the competent authority take necessary measures in case of non-compliance with this Directive. Furthermore, the proposal introduces requirements for Member States to provide for a system of environmental inspections of medium combustion plants covered by this Directive, or implement other measures to check compliance thereof.
Article 9 provides for the obligations of the operator and the competent authority in case of changes to a medium combustion plant.
Article 10 is concerned with the right of access to information and refers, for that purpose, to Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC [10].
Article 11 requires Member States to designate the competent authorities responsible for carrying out the obligations arising from this Directive.
Article 12 establishes a reporting mechanism. While Member States' first report to the Commission, due by 30 June 2019, shall contain a summary of data of key importance in implementing this Directive, the following reports shall contain qualitative and quantitative information on the implementation of this Directive, any action taken to verify compliance of the operation of medium combustion plants with this Directive and any enforcement action taken for the purposes thereof. Article 13 also lays down the Commission's reporting duties.
Article 14 lays down the applicable delegation procedure with a view to adapting Annex IV to scientific and technical progress through delegated acts, in accordance with Article 13.
Articles 15, 16 and 17 lay down, respectively, the provisions on penalties applicable to breaches of the national provisions enacted pursuant to the proposal, on the transposition by xx/xx/xx at the latest of the proposal into the law of the Member States and on its entry into force.
Annex I lists the information to be notified by the operator to the competent authority.
Annex II sets out the emission limit values applicable for existing and new combustion plants, in accordance with Article 5(2) and 5(3), respectively.
Annex III provides for benchmark values for the application of more stringent emission limit values, in accordance with Article 5 i.
Annex IV details the requirements applicable to the monitoring of emissions.
The Commission considers that explanatory documents are necessary in order to improve the quality of information on the transposition of the directive for the following reasons.
The complete and correct transposition of the Directive is essential to guarantee that its objectives (i.e. protecting human health and the environment) are achieved. Given that certain Member States already regulate emissions of air pollutants from medium combustion plants, the transposition of this directive would probably not consist of one piece of legislation, but would rather consist of various amendments or new proposals in relevant fields. In addition, the implementation of the Directive is often highly decentralised, as the regional and local authorities are responsible for its application and, in some Member States, even for its transposition.
The above factors are likely to increase the risks of incorrect transposition and implementation of the Directive, and complicate the Commission’s task of monitoring the application of EU law. Clear information with respect to the transposition of the Directive is instrumental in ensuring the conformity of national legislation with its provisions.
The requirement to provide explanatory documents may create an additional administrative burden on those Member States which do not work on this basis in any case. However, explanatory documents are necessary to allow effective verification of complete and correct transposition, which is essential for the reasons mentioned above, and there are no less burdensome measures to allow efficient verification. Moreover, the explanatory documents can contribute significantly to reducing the administrative burden of compliance monitoring by the Commission; without them, considerable resources and numerous contacts with national authorities would be required to track the methods of transposition in all Member States. Hence, the possible additional administrative burden of providing explanatory documents is proportionate to the aim pursued, namely to ensure effective transposition and fully achieve the objectives of the Directive.
In view of the above it is appropriate to ask Member States to accompany the notification of their transposition measures with one or more documents explaining the relationship between the provisions of the Directive and the corresponding parts of national transposition instruments.
As the primary objective of the Directive is the protection of the environment, in accordance with Article 191 TFEU, the proposal is based on Article 192(1) TFEU.320
Subsidiarity and proportionality principles and choice of instrument
The subsidiarity principle applies insofar as the proposal does not fall under the exclusive competence of the European Union.
The objectives of the proposal cannot be sufficiently achieved by the Member States and Union action will better achieve those objectives for the following reasons.3
While emissions to air often cause transboundary pollution, emissions of air pollutants from medium combustion plants are generally not regulated at EU level at the current stage. The major thrust of this proposal is to lay down emission limit values to control emissions of sulphur dioxide, nitrogen oxides and particulate matter into the air from medium combustion plants as minimum standards of protection for the environment and for all citizens of the EU.
All Member States must therefore take measures to comply with the minimum requirements; varying national regulation might hamper transboundary economic activities. Action at EU level is necessary and brings added value compared to individual national actions.
The proposal therefore complies with the subsidiarity principle.
The chosen legal instrument is a directive as the proposal lays down objectives and obligations, while leaving sufficient flexibility to the Member States as regards the choice of measures for compliance and their detailed implementation. The proposal therefore complies with the proportionality principle.
The proposal has no implications for the EU budget.
The proposal concerns a matter relevant to the European Economic Area and should therefore be applicable to it.