Activities of Herbert REUL related to 2013/0442(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from medium combustion plants
Amendments (50)
Amendment 19 #
Proposal for a directive
Recital 9
Recital 9
(9) This Directive should not apply to energy related products covered by implementing measures adopted in accordance with Directive 2009/125/EC or by Chapter III or IV of Directive 2010/75/EU. Certain other combustion plants should also be exempted from the scope of this Directive, on the basis of their technical characteristics or their use in particular activities.
Amendment 22 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The emission limit values set out in Annex II should not apply to medium combustion plants located in the Canary Islands, French Overseas Departments, and the archipelagos of Madeira and Azores, because of the technical and logistical problems associated with those plants' isolated location. Member States should set emission values for those plants in order to reduce their emissions to air and the potential risks to human health and the environment.
Amendment 24 #
Proposal for a directive
Recital 10
Recital 10
(10) In order to ensure the control of emissions of sulphur dioxide, nitrogen oxides and particulate matterdust into the air, each medium combustion plant should operate only if it is at least registered by the competent authority, based on notification by the operator. (This amendment applies throughout the text. Adopting it will necessitate correspondingOr. en changes throughout.)
Amendment 32 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules to control emissions of sulphur dioxide, nitrogen oxides and particulate matterdust into the air from medium combustion plants, and thereby reduce emissions to air and the potential risks to human health and the environment from such emissions. (This amendment applies throughout the text. Adopting it will necessitate correspondingOr. en changes throughout.)
Amendment 34 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) combustion plants which are covered by Chapter III or Chapter IV of Directive 2010/75/EU;
Amendment 37 #
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) energy related produccombustion plants which are covered by implementing measures adopted in accordance with Directive 2009/125/EC where those implementing acts are setting emission limit values for the pollutants listed in Annex II of this Directive;
Amendment 38 #
Proposal for a directive
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) combustion plants in which the gaseus products of combustion are used for the direct heating, drying or any other treatment of objects or materials, e.g. melting furnaces, reheating furnaces, furnaces for heat treatment;
Amendment 41 #
Proposal for a directive
Article 2 – paragraph 2 – point f a (new)
Article 2 – paragraph 2 – point f a (new)
(fa) gas oil engines, gas turbines and gas engines used on offshore platforms, with the exception of new gas engines and new gas turbines which are used for mechanical drives;
Amendment 44 #
Proposal for a directive
Article 2 – paragraph 2 – point f b (new)
Article 2 – paragraph 2 – point f b (new)
(fb) combustion plants firing refinery fuels alone or with other fuels for the production of energy within mineral oil and gas refineries;
Amendment 45 #
Proposal for a directive
Article 2 – paragraph 2 – point f c (new)
Article 2 – paragraph 2 – point f c (new)
(fc) engines for the use in nuclear power plants;
Amendment 46 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This directive shall not apply to research activities, development activities or the testing activities relating to medium combustion plants. Member States may establish specific conditions for the application of this paragraph.
Amendment 48 #
Proposal for a directive
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
2b. Medium combustion plants which are covered by implementing measures adopted in accordance with Article 13(5) of Directive 2010/75/EU shall only be subject to the provisions of this Directive that exceed the scope covered by those implementing measures.
Amendment 49 #
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ’particulate matterdust’ means particles, of any shape, structure or density, dispersed in the gas phase at the sampling point conditions which may be collected by filtration under specified conditions after representative sampling of the gas to be analysed, and which remain upstream of the filter and on the filter after drying under specified conditions; (This amendment applies throughout the text. Adopting it will necessitate correspondingOr. en changes throughout.)
Amendment 51 #
Proposal for a directive
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ’existing combustion plant’ means a combustion plant put into operation before [13 year after the date of transposition] or for which a permit was granted before [2 years after the date of transposition] pursuant to national legislation provided that the plant is put into operation no later than [3 years after the date of transposition];
Amendment 57 #
Proposal for a directive
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘operating hours’ means the time, expressed in hours, during which a combustion plant is operating and discharging emissions into the air, excluding start-up and shut-down periods;
Amendment 73 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Without prejudice to the provisions of Chapter II of Directive 2010/75/EU, where applicable, the emission limit values set out in Annex II shall apply to individual medium combustion plants. For medium combustion plants located in the Canary Islands, French Overseas Departments, and the archipelagos of Madeira and Azores, the emission limit values set out in Annex II shall not apply. Member States shall set emission limit values for these plants in order to reduce their emissions to air and the potential risks to human health and the environment.
Amendment 75 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States may exempt medium combustion plants which are part of an installation covered by Chapter II of Directive 2010/75/EU from compliance with the emission limit values set out in Annex II and the provisions of article 6 for those pollutants for which emission values apply pursuant to the provisions of article 13(5) and article 15(3) of Directive 2010/75/EU for these plants.
Amendment 81 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 3
Article 5 – paragraph 2 – subparagraph 3
Member States may exempt existing medium combustion plants which do not operate more than 53000 operating hours per year as a rolling average over a period of 5 years from compliance with the emission limit values set out in Part 1 of Annex II. In that case, for plants firing solid fuels, an emission limit value for particulate matterdust of 200 mg/Nm³ shall apply.
Amendment 98 #
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
Member States may exempt new medium combustion plants which do not operate more than 1500 operating hours per year as a rolling average over a period of 5 years from compliance with the emission limit values set out in Part 2 of Annex II. In that case, for plants firing solid fuels, an emission limit value for particulate matterdust of 100 mg/Nm³ shall apply.
Amendment 109 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 116 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 118 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Limited life derogation 1. Member States may exempt existing medium combustion plants from compliance with the limit values set out in Part 1a, 1b and 1c of Annex II and the monitoring and reporting requirements set out in Article 6 and Annex IV for 5 years from the applicable dates set out in Article 5(2) provided that the following conditions are fulfilled: (a) the operator of the combustion plant undertakes, in a written declaration submitted to the competent authority by 1 January 2024, not to operate the plant for more than 11,000 operating hours, starting from 1 January 2030 and ending no later than 31 December 2034 for plants with a rated thermal input between 1 and 5 MW and starting from 1 January 2025 and ending no later than 31 December 2029 for plants with a rated thermal input above 5 MW; (b) the operator is required to submit each year to the competent authority a record of the number of operating hours since the applicable dates set out in Article 5(2) 2. Each Member State shall communicate to the Commission in the reports mentioned in paragraphs 1 and 2 of Article 12 a list of any combustion plants to which paragraph 1 applies, including their total rated thermal input and the fuel types used. For plants subject to paragraph 1, Member States shall communicate annually to the Commission a record of the number of operating hours since 1 January 2025 or 1 January 2030 as applicable.
Amendment 124 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 125 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 126 #
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Amendment 127 #
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1 – point a
Article 7 – paragraph 4 – subparagraph 1 – point a
Amendment 128 #
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1 – point b
Article 7 – paragraph 4 – subparagraph 1 – point b
Amendment 129 #
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1 – point c
Article 7 – paragraph 4 – subparagraph 1 – point c
Amendment 130 #
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Amendment 132 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The operator shall notify the competent authority of any planned change to the medium combustion plant which would affect the applicable emission limit values. Such notification shall be provided at least one month before the change takes place.
Amendment 133 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Upon notification from the operator in accordance with paragraph 1, the competent authority shall register any such change within one month.
Amendment 134 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 135 #
Proposal for a directive
Article 13
Article 13
Amendment 136 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 137 #
Proposal for a directive
Article 14
Article 14
Amendment 139 #
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [date: 1,52 years after the entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 142 #
Proposal for a directive
Annex I
Annex I
Information to be notifiprovided by the operator to the competent authority 1. Rated thermal input (MW) of the medium combustion plant; 2. Type of the medium combustion plant (diesel engine, gas turbine, dual fuel engine, other engine, other combustion plant); 3. Type and share of fuels used according to the fuel categories laid down in Annex II 4. TWhether the date of the start of the operation of the medium combustion plantis later than [1 year after the date of transposition]; 5. Sector of activity of the medium combustion plant or the facility in which it is applied (NACE code); 68. The expected number of operating hours of the medium combustion plant and the average load in use; 7. The applicable emission limit values, together with a declaration signed by the operator to operate the plant in accordance with those values, from the relevant date laid down in Article 5; 8. IIn case the third subparagraph of Article 5(2) is used, a declaration signed by the operator to operate the plant not more than 3000 operating hours per year as a rolling average over a period of 5 years and in case the seconthird subparagraph of Article 5(23) is used, a declaration signed by the operator to operate the plant not more than 31500 operating hours per year as a rolling average over a period of 5 years; 9. The name and the registered office of the operator and, in case of stationary medium combustion plants, the address where the plant is located.
Amendment 144 #
Proposal for a directive
Annex II – title
Annex II – title
Emission limit values referred to in Article 5(1)
Amendment 145 #
Proposal for a directive
Annex II – part 1
Annex II – part 1
Amendment 162 #
Proposal for a directive
Annex II – part 1 a (new)
Annex II – part 1 a (new)
Part 1a Emission limit values (mg/Nm3) for existing combustion plants with a total rated thermal input between 1 and 5 MW. Plants Solid Other solid Gas Oil Liquid Natural Gaseous other than biomass Fuels fuels other Gas fuels other engines than Gas than and gas Oil natural gas turbines Pollutant SO2 200(4)(4a) 1100 - 350 (8) - 200(5) NOx 650 650 200 650 250 250 Dust 50(6) 50(6) - 50 - - __________________ (4) The value does not apply in case of plants firing exclusively woody solid biomass. (4a) 300 mg/Nm3 in case of plants firing straw. (5) 400 mg/Nm³ in case of low calorific gases from coke oven (iron and steel industry). (6) Until 01/01/2035, 100 mg/Nm3. (8) Until 01/01/2035, 1700 mg/Nm3 in case of plants firing heavy fuel oil.
Amendment 163 #
Proposal for a directive
Annex II – part 1 b (new)
Annex II – part 1 b (new)
Part 1b Emission limit values (mg/Nm3) for existing combustion plants with a total rated thermal input above 5 MW. Plants Solid Other Gas Oil Liquid Natural Gaseous other than biomass solid fuels fuels other gas fuels other engines than Gas than and gas Oil natural turbines gas Pollutant SO2 200 (10) 400 (11) 350 (14) - 35 (7) (12) (10a) NOX 650 650 200 650 250 250 Dust 30 (13) 30 (13) 30 - - __________________ (7) 400 mg/Nm³ in case of low calorific gases from coke oven and 200 mg/Nm³ in case of low calorific gases from blast furnace (iron and steel industry). (10) The value does not apply in case of plants firing exclusively woody solid biomass. (10a) 300 mg/Nm3 in case of plants firing straw. (11) 1100 mg/Nm3 in case of plants with total a rated thermal input between 5 and 20 MW. (12) 170 mg/Nm3 in case of biogas. (13) 50 mg/Nm3 in case of plants with a total rated thermal input between 5 and 20 MW. (14) Until 01/01/2035, 850 mg/Nm3 in case of plants with a total rated thermal input between 5 and 20 MW firing heavy fuel oil.
Amendment 164 #
Proposal for a directive
Annex II – part 1 c (new)
Annex II – part 1 c (new)
Part 1c Emission limit values (mg/Nm3) for existing engines and gas turbines Pollutant Type of Gas Oil Liquid fuels Natural Gaseous combustion plant other than gas fuels other than natural Gas Oil gas SO2 Engines and gas - 120 - 15(5) (6) turbines NOX Engines 190(1a) 190(1) (1b) 190(2) 190(2) Gas turbines (3) 200 200 150 200 Dust Engines and gas - 10(7) - - turbines __________________ (1) 1850 mg/Nm³ in the following cases :(i) for diesel engines the construction of which commenced before 18 May 2006; (ii) for dual fuel engines in liquid mode. (1a) 250mg/Nm³ in case of engine with total rated thermal input between 1 and 5 MW and in case of diesel engines the construction of which commenced before 18 May 2006. 1b) 250mg/Nm³ in case of engine with total rated thermal input between 1 and 5 MW when firing heavy fuel oil; 225 mg/Nm³ in case of engine with total rated thermal input between 5 and 20 MW when firing heavy fuel oil. (2) 380 mg/Nm³ for dual fuel engines in gas mode. (3) Emission limit values are only applicable above 70 % load. (5) 60 mg/Nm3 in case of biogas. (6) 130mg/Nm³ in case of low calorific gases from coke oven and 65 mg/Nm³ in case of low calorific gases from blast furnace (iron and steel industry). (7) 20 mg/Nm3 in case of plants with a total rated thermal input between 1 and 20 MW.
Amendment 169 #
Proposal for a directive
Annex II – part 2
Annex II – part 2
Amendment 182 #
Proposal for a directive
Annex II – part 2 a (new)
Annex II – part 2 a (new)
Part 2a Emission limit values (mg/Nm3) for new combustion plants with a total rated thermal input between 1 and 5 MW. Plants other than engines and gas turbines Pollutant Solid Other solid Gas Oil Liquid Natural Gaseous biomass Fuels fuels other Gas fuels other than Gas than Oil natural gas SO2 200(1) 1100 - 350 (2) - 110 (3) NOx 500 500 200 300 (4) 100 200 Dust 50 50 - 50 - - __________________ (1) The value does not apply in case of plants firing exclusively woody solid biomass. (2) Until 01/01/2025, 1700 mg/Nm³ in case of plants being part of Small Isolated Systems (SIS) and Micro Isolated Systems (MIS). (3) 400mg/Nm³ in case of low calorific gases from coke oven and 200 mg/Nm³ in case of low calorific gases from blast furnace (iron and steel industry). (4) Until 01/01/2025, 450 mg/Nm³ when firing heavy fuel oil containing between 0.2% and 0.3 % N and 360 mg/Nm³ when firing heavy fuel oil containing less than 0.2 % N in case of plants being part of SIS and MIS.
Amendment 183 #
Proposal for a directive
Annex II – part 2 b (new)
Annex II – part 2 b (new)
Part 2b Emission limit values (mg/Nm3) for new combustion plants with a total rated thermal input above 5 MW. Plants other than engines and gas turbines Pollutant Solid Other Gas Oil Liquid Natural Gaseous biomass solid fuels fuels gas fuels other than other than Gas Oil natural gas SO2 200 (8) 400 (9) 350 (5) - 35 (4) (10) NOX 300 300 200 300 (6) 100 200 Dust 20 (11) 20 (11) 20 - - __________________ (4) 400 mg/Nm³ in case of low calorific gases from coke oven and 200 mg/Nm³ in case of low calorific gases from blast furnace (iron and steel industry). (5) Until 01/01/2025, 1700 mg/Nm³ in case of plants being part of Small Isolated Systems (SIS) and Micro Isolated Systems (MIS) as defined in Directive 2009/72/EC. (6)Until 01/01/2025, 450 mg/Nm³ when firing heavy fuel oil containing between 0.2% and 0.3 % N and 360 mg/Nm³ when firing heavy fuel oil containing less than 0.2 % N in case of plants being part of SIS and MIS as defined in Directive 2009/72/EC. (8) The value does not apply in case of plants firing exclusively woody solid biomass. (9) 1100 mg/Nm3 in case of plants with a total rated thermal input between 5 and 20 MW. (10) 100 mg/Nm3 in case of biogas. (11) 30 mg/Nm3 in case of plants with total rated thermal input between 5 and 20 MW.
Amendment 184 #
Proposal for a directive
Annex II – part 2 c (new)
Annex II – part 2 c (new)
Part 2c Emission limit values (mg/Nm3) for new engines and gas turbines Pollutant Type of Gas Oil Liquid fuels other Natural Gaseous combustion plant than Gas Oil gas fuels other than natural gas SO2 Engines and gas - 120 (4) - 15(9) turbines NOX Engines(3a) (5) 190(1) 190(1) (2a) 95(2) 190 Gas turbines(3) 75 75(6) 50 75 Dust Engines and gas - 10(7)(10) - - turbines __________________ (1) 225 mg/Nm³ for dual fuel engines in liquid mode. (2) 190 mg/Nm³ for dual fuel engines in gas mode. (2a) 225 mg/Nm³ for diesel engines with a total rated thermal input equal to or below 20 MW with ≤ 1200 rpm. (3) Emission limit values are only applicable above 70 % load. (3a) Engines running between 500 and 1500 hours per year may be exempted from compliance with these emission limit values in case they are applying primary measures to limit NOX emissions and meet the emission limit values set out in footnotes (5). (4) Until 01/01/2025, 590 mg/Nm³ for diesel engines being part of SIS and MIS. (5) Until 01/01/2025 in SIS and MIS, 1850 mg/Nm3 for dual fuel engine in liquid mode and 380 mg/Nm3 in gas mode; 1300 mg/Nm³ for diesel engines with ≤ 1200 rpm equal to or below 20 MW and 1850 mg/Nm³ for diesel engines above 20 MW; 750 mg/Nm³ for diesel engines with > 1200 rpm. (6) Until 01/01/2025, 550 mg/Nm³ for plants being part of SIS and MIS. (7) Until 01/01/2025, 75 mg/Nm³ for diesel engines being part of SIS and MIS. (9) 40 mg/Nm3 in case of biogas. (10) 20 mg/Nm3 in case of plants with a total rated thermal input between 1 and 5 MW.
Amendment 185 #
Proposal for a directive
Annex III
Annex III
Amendment 190 #
Proposal for a directive
Annex IV
Annex IV
Amendment 194 #
Proposal for a directive
Annex IV– point 5 a (new)
Annex IV– point 5 a (new)
5a. As an alternative to the periodic measurements referred to in point 1, Member States may require continuous measurements. In the case of continuous measurements, the automated measuring systems shall be subject to control by means of parallel measurements with the reference methods at least once per year and the operator shall inform the competent authority about the results of those controls.
Amendment 195 #
Proposal for a directive
Annex IV – part 1 a (new)
Annex IV – part 1 a (new)
Part 1a: Assessment of compliance 1. In the case of periodic measurements, the emission limit values referred to in Article 5 shall be regarded as having been complied with if the results of each of the series of measurements or of the other procedures defined and determined according to the rules laid down by the competent authorities, do not exceed the relevant emission limit value. 2. In the case of continuous measurements, compliance with the emission limit values referred to in Article 5 shall be assessed as set out in point 1 of Part 4 of Annex V of Directive 2010/75/EU. The validated average values are determined as set out in points 9 and 10 of Part 3 of Annex V of Directive 2010/75/EU. For the purpose of the calculation of the average emission values, the values measured during the periods referred to in Article 5(6) and 5(7) as well as during the start-up and shut-down periods shall be disregarded.