Directive 2001/80 - Limitation of emissions of certain pollutants into the air from large combustion plants - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 2001/80
Original proposal	COM(1998)415
CELEX number i	32001L0080

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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

Official Journal L 309 , 27/11/2001 P. 0001 - 0021

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission(1),

Having regard to the Opinion of the Economic and Social Committee(2),

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3), in the light of the joint text approved by the Conciliation Committee on 2 August 2001,

Whereas:

• (1) 

  Council Directive 88/609/EEC of 24 November 1988 on the limitation of emissions of certain pollutants into the air from large combustion plants(4) has contributed to the reduction and control of atmospheric emissions from large combustion plants. It should be recast in the interests of clarity.

• (2) 

  The Fifth Environmental Action Programme(5) sets as objectives that the critical loads and levels of certain acidifying pollutants such as sulphur dioxide (SO2) and nitrogen oxides (NOx) should not be exceeded at any time and, as regards air quality, that all people should be effectively protected against recognised health risks from air pollution.

• (3) 

  All Member States have signed the Gothenburg Protocol of 1 December 1999 to the 1979 Convention of the United Nations Economic Commission for Europe (UNECE) on long-range transboundary air pollution to abate acidification, eutrophication and ground-level ozone, which includes, inter alia, commitments to reduce emissions of sulphur dioxide and oxides of nitrogen.

• (4) 

  The Commission has published a Communication on a Community strategy to combat acidification in which the revision of Directive 88/609/EEC was identified as being an integral component of that strategy with the long term aim of reducing emissions of sulphur dioxide and nitrogen oxides sufficiently to bring depositions and concentrations down to levels below the critical loads and levels.

• (5) 

  In accordance with the principle of subsidiarity as set out in Article 5 of the Treaty, the objective of reducing acidifying emissions from large combustion plants cannot be sufficiently achieved by the Member States acting individually and unconcerted action offers no guarantee of achieving the desired objective; in view of the need to reduce acidifying emissions across the Community, it is more effective to take action at Community level.

• (6) 

  Existing large combustion plants are significant contributors to emissions of sulphur dioxide and nitrogen oxides in the Community and it is necessary to reduce these emissions. It is therefore necessary to adapt the approach to the different characteristics of the large combustion plant sector in the Member States.

• (7) 

  Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control(6) sets out an integrated approach to pollution prevention and control in which all the aspects of an installation's environmental performance are considered in an integrated manner; combustion installations with a rated thermal input exceeding 50 MW are included within the scope of that Directive; pursuant to Article 15(3) of that Directive an inventory of the principal emissions and sources responsible is to be published every three years by the Commission on the basis of data supplied by the Member States. Pursuant to Article 18 of that Directive, acting on a proposal from the Commission,...

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