Answer given by Ms Hedegaard on behalf of the Commission

25.9.2013

1./2. In July 2011 the Commission did indeed launch infringement cases for non-communication of national measures transposing the CCS Directive[1] against Poland and 25 other Member States. While 9 cases were closed to date due to notification of complete transposing measures, for other cases, where the transposition measures have been notified until July 2013, the Commission is currently performing the completeness check. A reasoned opinion has not been yet submitted to the Polish Government in relation to Poland's infringement of the CCS Directive. The Commission is not in a position to provide further details of its communication with the Member States on infringement proceedings which are ongoing.[2]

3./5.The Commission has received a complaint on this issue and is currently gathering information to determine facts and law concerning the case of the planned two new units at the Opole power plant.

4.EU Directives must be transposed by the deadline for their transposition. Member States and their competent authorities are not relieved from the obligation to apply them in case of failure to transpose them.

6.The Commission is not aware of any planned or ongoing construction of other combustion plants that do not comply with Article 9a of Directive 2001/80/EC [3]. According to that Article the Member States need to ensure that operators of combustion plants with a rated electrical output of 300 MW or more have assessed technical and economic conditions necessary to retrofit for CO₂ capture. Where the assessment is positive, suitable space on the installation site for the equipment necessary to capture and compress CO₂ has to be set aside.

• [1] Directive 2009/31/EC of the European Parliament and the Council of 23 April 2009.
• [2] Judgment of 11 December 2001, Petrie and others / Commission (T-191/99, ECR 2001p. II — 3677).
• [3] As introduced through Article 33 of the CCS Directive.

OJ C 88 E, 27/03/2014