Texts adopted - Emission of pollutants from large combustion plants ***II

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Procedure : 1998/0225(COD)

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Document selected : A5-0068/2001
Texts tabled : A5-0068/2001		Debates :		Votes :		Texts adopted : P5_TA(2001)0133

Texts adopted

Wednesday, 14 March 2001 - Strasbourg

Emission of pollutants from large combustion plants ***II

P5_TA(2001)0133

A5-0068/2001

European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council directive on the limitation of emissions of certain pollutants into the air from large combustion plants (11070/1/2000 - C5-0562/2000 - 1998/0225(COD) )

(Codecision procedure: second reading)

The European Parliament,

- having regard to the Council common position 11070/1/2000 - C5-0562/2000 )(1) ,

- having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(1998) 415 )(3) ,

- having regard to the Commission's amended proposal (COM(1999) 611 )(4) ,

- having regard to Article 251(2) of the EC Treaty,

- having regard to Rule 80 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Policy (A5-0068/2001 ),

1. Amends the common position as follows;

2. Instructs its President to forward its position to the Council and Commission.

Council common position

Amendments by Parliament

Amendment 2
Article 2(11)(b) and (c)

(b)

vegetable waste from the food processing industry;

(b)

vegetable waste from the food processing industry if the heat generated is recovered;

(c)

vegetable waste from virgin pulp production and from production of paper from pulp;

(c)

fibrous vegetable waste from virgin pulp production and from production of paper from pulp if it is co-incinerated at the place of production and the heat generated is recovered ;

Amendment 3
Article 4(1)

Member States shall take appropriate measures to ensure that all licences for the construction or, in the absence of such a procedure, for the operation of new plants which in the view of the competent authority are the subject of a full request for a licence before …, provided that the plant is put into operation no later than …, contain conditions relating to compliance with the emission limit values laid down in part A of Annexes III to VII in respect of sulphur dioxide, nitrogen oxides and dust.

Without prejudice to Article 18, Member States shall take appropriate measures to ensure that all licences for the construction or, in the absence of such a procedure, for the operation of new plants which in the view of the competent authority are the subject of a full request for a licence before …, provided that the plant is put into operation no later than …, contain conditions relating to compliance with the emission limit values laid down in part A of Annexes III to VII in respect of sulphur dioxide, nitrogen oxides and dust.

Amendment 4
Article 4(4)(a)

(a)

the operator of an existing plant undertakes, in a written declaration submitted by 30 June 2004 at the latest to the competent authority, not to operate the plant for more than 20 000 hours starting from 1 January 2008;

(a)

Amendment 5
Article 4(7)(aa) and (ab) (new)

(aa)

emissions from sea and air transport as well as proposals for curbing emissions from these sectors;

(ab)

the amounts of heavy metals emitted by large combustion plants;

Amendment 33
Article 5(1), subparagraph 1

Plants, of a rated thermal input equal to or greater than 400 MW, which do not operate more than 2 200 hours a year (rolling average over a period of five years), shall be subject to a limit value for sulphur dioxide emissions of 800 mg/Nm³.

Plants, of a rated thermal input equal to or greater than 400 MW, which do not operate more than 700 hours a year (rolling average over a period of five years), shall be subject to a limit value for sulphur dioxide emissions of 800 mg/Nm³.

Amendment 7
Article 5(2)

Plants which burn indigenous solid fuel, where the emission limit value set for sulphur dioxide for such plants cannot be met, owing to the particular nature of the fuel, without using excessively expensive technology, may exceed the limit values laid down in Annex III. However, such plants shall at least comply with Annex VIII.

Deleted

Amendment 9
Article 6

Article 6
Member States may authorise plants burning indigenous lignite to exceed the emission limit values fixed in accordance with Article 4 if, notwithstanding the application of best available technology not entailing excessive costs, major difficulties connected with the nature of the lignite so require and provided that lignite is an essential source of fuel for the plants.

Deleted

The Commission shall immediately be informed of such cases, which shall be the subject of consultation with the Commission on the appropriate measures to be taken.

This provision shall not apply to new plants for which the licence is granted pursuant to Article 4(2).

Amendment 12
Article 18(1)

Directive 88/609/EEC shall be repealed with effect from …, without prejudice to the obligations of Member States concerning the time limits for transposition and application of that Directive listed in Annex X hereto.

Without prejudice to paragraph 1a, Directive 88/609/EEC shall be repealed with effect from …, without prejudice to the obligations of Member States concerning the time limits for transposition and application of that Directive listed in Annex X hereto.

1a. In the case of new plants licensed under Directive 88/609/EEC as further specified in Article 4(1) of this Directive, Article 4(1), Article 5(2) and (3), Article 6, Article 15(3), Annexes III, IV, VI and VIII and point A.2 of Annex IX of Directive 88/609/EEC shall remain applicable until 31 December 2007 .

Amendment 35
ANNEX III(A)

Common position of the Council

SO2 emission limit values expressed in mg/Nm3 (02 content 6%) to be applied by new and existing plants pursuant to Article 4(1) and 4(3) respectively:

Parliament's amendment

SO2 emission limit values expressed in mg/Nm3 (02 content 6%) to be applied by new and existing plants pursuant to Article 4(1) and 4(3) respectively:

NB.

Where the emission limit values above cannot be met due to the characteristics of the fuel a rate of desulphurisation of at least 90 % shall be achieved in the case of plants with a rated thermal input of less than or equal to 300 MWth; in the case of plants with a rated thermal input greater than 300 MWth a rate of desulphurisation of at least 94 % together with a maximum permissible emission limit value of 500 mg/Nm3 shall apply.

Amendment 36
ANNEX III(B)

Common position of the Council

SO2 emission limit values expressed in mg/Nm3 (O2 content 6%) to be applied by new plants pursuant to Article 4(2) with the exception of gas turbines.

Type of fuel	50 to 100 MWth	100 to 300 MWth	> 300 MWth
Biomass	200	200	200
General case	850	850 to 200 (linear decrease)	200

Parliament's amendments

SO2 emission limit values expressed in mg/Nm3 (O2 content 6%) to be applied by new plants pursuant to Article 4(2) with the exception of gas turbines.

Type of fuel	50 to 100 MWth	100 to 300 MWth	> 300 MWth
Biomass	200	200	200
General case	850	200	200

NB.

Where the emission limit values above cannot be met due to the characteristics of the fuel, installations shall achieve 300mg/Nm3 SO2 or a rate of desulphurisation of at least 92 % in the case of plants with a rated thermal input of less than or equal to 300 MWth; in the case of plants with a rated thermal input greater than 300 MWth a rate of desulphurisation of at least 95 % together with a maximum permissible emission limit value of 400 mg/Nm3 shall apply.

Amendment 37
ANNEX IV(A)

Common position of the Council

SO2 emission limit values expressed in mg/Nm3 (02 content 3%) to be applied by new and existing plants pursuant to Article 4(1) and 4(3), respectively:

Parliament's amendment

SO2 emission limit values expressed in mg/Nm3 (02 content 3%) to be applied by new and existing plants pursuant to Article 4(1) and 4(3), respectively:

Amendment 16
ANNEX IV (B)

Council common position

SO2 emission limit values expressed in mg/Nm3 (02 content 3%) to be applied by new plants pursuant to Article 4(2) with the exception of gas turbines:

50 to 100 MWth	100 to 300 MWth	> 300 MWth
850	850 to 200 (linear decrease)	200

In the case of two installations with a rated thermal input of 250 MWth on Crete and Rhodes, to be licensed before 31 December 2007, the emission limit value of 1 700 mg/Nm3 shall apply.
Amendment by Parliament

SO2 emission limit values expressed in mg/Nm3 (02 content 3%) to be applied by new plants pursuant to Article 4(2) with the exception of gas turbines:

50 to 100 MWth	100 to 300 MWth	> 300 MWth
850	200	200

In the case of two installations with a rated thermal input of 250 MWth on Crete and Rhodes, to be licensed before 31 December 2007, the emission limit value of 1 700 mg/Nm3 shall apply.

Amendment 38
ANNEX VI(A)

Common position of the Council

NOx emission limit values expressed in mg/Nm3 (02 content 6% for solid fuels, 3% for liquid and gaseous fuels) to be applied by new and existing plants pursuant to Article 4(1) and 4(3), respectively:

Type of fuel	Limit values (mg/Nm3 )
Solid in general	650
Solid with less than 10% volatile compounds	1300
Liquid	450
Gaseous	350

Parliament's amendment

Type of fuel	Limit values (mg/Nm3 )
	50 to 300 (MWth)	> 300 (MWth)
Solid	600	200
Liquid	450	200
Gaseous	300	200

Amendment 39
ANNEX VI(B), solid fuels, table

Common position of the Council

Type of fuel	50 to 100 MWth	100 to 300 MWth	> 300 MWth
General case and biomass	400	300	200

Parliament's amendment

	50 to 100 MWth	100 to300 MWth	> 300 MWth
General case and biomass	400	200	200

Amendment 40
ANNEX VI(B), liquid fuels, table

Common position of the Council

50 to 100 MWth	100 to 300 MWth	> 300 MWth
400	300	200

Parliament's amendment

50 to 100 MWth	100 to300 MWth	> 300 MWth
400	200	200

Amendment 20
ANNEX VI(B), Gas Turbines

Council common position
NOx emission limit values expressed in mg/Nm3 (O2 content 15% ) to be applied by a single gas turbine unit pursuant to Article 4(2) (the limit values apply only above 70% load):

	> 50 MWth (thermal input at ISO conditions)
Natural gas(Note 1)	50(Note 2)
Liquid fuels(Note 3)	120
Gaseous fuels (other than natural gas)	120

(1)

Natural gas is naturally occurring methane with not more than 20% (by volume) of inerts and other constituents.

(2)75

mg/Nm3 in the following cases, where the efficiency of the gas turbine is determined at ISO base load conditions:

gas turbines, used in combined heat and power systems having an overall efficiency greater than 75% ;

gas turbines used in combined cycle plants having an annual average overall electrical efficiency greater than 55%;

gas turbines for mechanical drives.

For single cycle gas turbines not falling into any of the above categories, but having an efficiency greater than 35% - determined at ISO base load conditions - the emission limit value shall be 50*h/35 where h is the gas turbine efficiency expressed as a percentage (and at ISO base load conditions) .

(3)

This emission limit value only applies to gas turbines firing light and middle distillates.

Amendment by Parliament
NOx emission limit values expressed in mg/Nm3 (O2 content 15% ) to be applied by a single gas turbine unit pursuant to Article 4(2) (the limit values apply only above 70% turbine load):

	> 50 MWth (thermal input at ISO conditions)
Natural gas(Note 1)	50(Note 2)
Liquid fuels(Note 3)	120
Gaseous fuels (other than natural gas)	120

Gas turbines for emergency use that operate less than 500 hours per year are excluded from these limit values. The operator of such plants is required to submit each year to the competent authority a record of such used time. The exception shall also apply to gas turbines with multi-fuel combustion operated with light fuel oil as emergency fuel for less than 500 hours annually.
Notes

(1)

Natural gas is naturally occurring methane with not more than 20% (by volume) of inerts and other constituents.

(2)75

mg/Nm3 in the following cases, where the efficiency of the gas turbine is determined at ISO base load conditions:

gas turbines, used in combined heat and power systems having a (gross) energy efficiency of the overall plant at the design point greater than 70% in relation to the inspection value, corrected to ISO environmental conditions, the new state of the plant and the design steam requirement for tapping decoupling ;

gas turbines used in combined cycle plants having a (gross) overall electrical efficiency in the design point greater than 55%. The efficiency shall be the inspection value corrected to ISO environmental conditions, condenser pressure of 0.04 bar and the new state of the plant. For gas turbines of less than 250 MWth the overall efficiency under the same conditions must be greater than 50% ;

gas turbines for mechanical drives.

For gas turbines not falling into any of the above categories, but having a (gross) efficiency in the design point related to the inspection value, corrected to ISO environmental conditions and the new state of the plant greater than 35%, the emission limit value shall be 50*h/35 where h is the gas turbine (gross) efficiency expressed as a percentage under the same conditions) .

(3)

This emission limit value only applies to gas turbines firing light and middle distillates.

Amendment 21
ANNEX VIII

Council common position
ANNEX VIII
RATES OF DESULPHURISATION
(pursuant to Article 5(2))

Rates of desulphurisation for new and existing plants pursuant to Article 4(1) and 4(3), respectively.

Rates of desulphurisation for new plants pursuant to Article 4(2):

50 to 100 MWth	100 to 300 MWth	> 300 MWth
92%	92%	92%
NB: Installations which achieve 300 mg/Nm3 SO2 are exempt from application of the relevant rate of desulphurisation.

Amendment by Parliament
Deleted

Amendment 22
ANNEX IX (A) (6), indents

Sulphur dioxide 20%
Nitrogen oxides 20%
Dust 30%

Sulphur dioxide 5%
Nitrogen oxides 5%
Dust 10%

(1)	OJ C 375, 28.12.2000, p. 12.
(2)	OJ C 219, 30.7.1999, p. 243, and OJ C 54, 25.2.2000, p. 76.
(3)	OJ C 300, 29.9.1998, p. 6.
(4)	OJ C 212 E, 25.7.2000, p. 36.

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