37 Amendments of Jadwiga WIŚNIEWSKA related to 2013/0442(COD)
Amendment 56 #
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 70 #
Proposal for a directive
Recital 11
Recital 11
(11) For the purposes of controlling emissions into air from medium combustion plants, emission limit values and requirements for monitoring should be set out in this Directive. These emission limit values must take into account technical and economical feasibility to avoid situation in which too strict emission limit values lead to increased pollution as a result of, i.e., individual users disconnecting from district heating systems.
Amendment 82 #
Proposal for a directive
Recital 13
Recital 13
(13) In accordance with Article 193 of the Treaty on the Functioning of the European Union (TFEU), this Directive does not prevent Member States from maintaining or introducing more stringent protective measures, for example for the purposes to comply with environmental quality standards. In particular, in zones not complying with air quality limit values, more stringent emission limit values, which would also promote eco-innovation in the Union, facilitating in particular market access of small and medium case a Member State decides to introduce such measures it should conduct public consultations to assess both the genterprises, should be applied by Member States, such as the benchmark values set out in Annex III to this Directiveal public concerns and technically available means of reaching better air quality.
Amendment 101 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) medium combustion plants which are covered by Chapter III or Chapter IV ofpart of combustion plants covered by Directive 2010/75/EU;
Amendment 113 #
Proposal for a directive
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) combustion plants in which the gaseous products of combustion are used for the direct heating, drying or any other treatment of objects or materials;
Amendment 118 #
Proposal for a directive
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(e a) direct gas fired heating;
Amendment 119 #
Proposal for a directive
Article 2 – paragraph 2 – point e b (new)
Article 2 – paragraph 2 – point e b (new)
(e b) vehicle engine test benches;
Amendment 141 #
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 years after the date of transposition] or for which a permit was granted before [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 151 #
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 156 #
Proposal for a directive
Article 3 – paragraph 1 – point 19
Article 3 – paragraph 1 – point 19
Amendment 208 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
From 1 January 2025 emissions into air of sulphur dioxide, nitrogen oxides and particulate matter from an existing medium combustion plant with a rated thermal input above 5 MW shall not exceed the emission limit values set out in Part 1a and 1c of Annex II.
Amendment 217 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
From 1 January 2030 emissions into air of sulphur dioxide, nitrogen oxides and particulate matter from an existing medium combustion plant with a rated thermal input of 5 MW or less shall not exceed the emission limit values set out in Part 1b and 1c of Annex II.
Amendment 226 #
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 1500 operating hours per year as a rolling average over a period of five 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 matter of 200 mg/Nm³ shall apply.
Amendment 239 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States may exempt existing medium combustion plants with a rated thermal input of 5 MW or less from compliance with the limit values set out in 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 operator of the medium combustion plant undertakes, in a written declaration submitted to the competent authority by 1 January 2029, the operation of the plant will end no later than 31 December 2034.
Amendment 244 #
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
From [13 years after the date of transposition] emissions into air of sulphur dioxide, nitrogen oxides and particulate matter from a new medium combustion plant shall not exceed the emission limit values set out in Part 2 of Annex II.
Amendment 252 #
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 five 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 matter of 100 mg/Nm³ shall apply.
Amendment 265 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 277 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 312 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. When audits and inspections are already in place to check compliance with other legislations controlling emissions, Member States shall make use of the existing audits and inspections, as well as reporting tools, to check compliance with this Directive.
Amendment 354 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall, by [25 years after the date of transposition], report to the Commission a summary of the data listed in Annex I, with an estimate of the total annual emissions of sulphur dioxide, nitrogen oxides and particulate matter from thesemedium combustion plants, grouped by plant type, fuel type and capacity class.
Amendment 358 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
The reports drawn up under the first subparagraph 1 and the first subparagraph of this paragraph 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.
Amendment 362 #
Proposal for a directive
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The second summary report of the Commission shall review the implementation of this Directive, with special regard to the need to establish the benchmark values laid down in Annex III as Union-wide emission limit values, and shall be accompanied by a legislative proposal where appropriate.
Amendment 376 #
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 380 #
Proposal for a directive
Annex I – point 2
Annex I – point 2
2. Type of the medium combustion plant (diesel engine, gas turbine, dual fuel engine, other engine, other combustion plant);
Amendment 381 #
Proposal for a directive
Annex I – point 4
Annex I – point 4
4. The date of the start of the operation of the medium combustion plant or whether the date of start of the operation is later than [three years after the date of transposition];
Amendment 382 #
Proposal for a directive
Annex I – point 6
Annex I – point 6
Amendment 383 #
Proposal for a directive
Annex I – point 7
Annex I – point 7
Amendment 385 #
Proposal for a directive
Annex I – point 8
Annex I – point 8
8. In case the third subparagraph of Article 5(2) or the second subparagraph of Article 5(23) is used, a declaration signed by the operator to operate the plant not more than 31500 hours per year as a rolling average over a period of five years;
Amendment 389 #
Proposal for a directive
Annex II – part 1 – table 1
Annex II – part 1 – table 1
Emission limit values for existing medium combustion plants 1. Emission limit values (mg/Nm³) for mediumexisting combustion plants with total rated thermal input between 1 and 5 MW other than engines and gas turbines Pollutant Solid Other solid LiquidGas Oil Heavy fuelLiquid Natural Gaseous biomass fuels fuels other oil fuels other gas fuels other than heavy than Gas than fuel oil Oil natural gas SO2 SO2 200 (1a) (1b) 41100 170 - 350 (1c) - 35 NOX 200 (1d) NOX 650 650 200 650 200 250 250 Particulate 350(1e) 50(1e) 30 - 350 30- - - matter - matter (1a) The value does not apply in case of plants firing exclusively woody solid biomass. (1b) 300 mg/Nm3 in case of plants firing straw. (1c) 45 mg/Nm3 for plants with a thermal input below or equal to 5 MWUntil 1 January 2035, 1700 mg/Nm3 in case of plants firing heavy fuel oil. (1d) 400 mg/Nm³ in case of low calorific gases from coke oven (iron and steel industry). (1e) Until 1 January 2035, 100 mg/Nm3.
Amendment 407 #
Proposal for a directive
Annex II – part 1 – table 1 a (new)
Annex II – part 1 – table 1 a (new)
Emission limit values (mg/Nm3) for existing combustion plants with a total rated thermal input above 5 MW other than engines and gas turbines. Plants other Solid Other solid Gas Oil Liquid fuels Natural gas Gaseous than engines biomass fuels other than fuels other and gas Gas Oil than natural turbines gas Pollutant SO2 200 (1a) (1b) 400 (1c) - 350 (1d) - 35 (1e) (1f) NOX 650 650 200 650 250 250 Particulate 30 (1g) 30 (1g) - 30 - - matter (1a) The value does not apply in case of plants firing exclusively woody solid biomass. (1b) 300 mg/Nm3 in case of plants firing straw. (1c) 1100 mg/Nm3 in case of plants with total a rated thermal input between 5 and 20 MW. (1d) Until 1 January 2035, 850 mg/Nm3 in case of plants with a total rated thermal input between 5 and 20 MW firing heavy fuel oil. (1f) 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). (1e) 170 mg/Nm3 in case of biogas. (1f) 50 mg/Nm3 in case of plants with a total rated thermal input between 5 and 20 MW.
Amendment 409 #
Proposal for a directive
Annex II – part 1 – table 2
Annex II – part 1 – table 2
2. Emission limit values (mg/Nm³3) for existing engines and gas turbines Pollutant Type of installation Gas Oil Liquid fuels other Natural gas Gaseous fuels other than combustion than Gas Oil fuels other plant than natural gas SO2 Engines and gas turbines 60 - 120 - 15 NOX(-1a) (-1b) Engines gas turbines NOX Engines 190(-1c) 190 (1) (1a) 190 (2) 190 (2) Gas turbines (3) 200 200 150 200 Particulate Engines and gas turbines 10 - - matter (1) - 10 (3a) - - matter gas turbines (-1a) 60 mg/Nm³ in case of biogas. (-1b) 130 mg/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). (-1c) 250 mg/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. (1) 1850 mg/Nm³ in the following cases: (i) (i) for diesel engines the construction of which commenced before 18 May 2006; (ii) (ii) for dual fuel engines in liquid mode. (2) (1a) 250 mg/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) (3) Emission limit values are only applicable above 70 % load. (3a) 20 mg/Nm3 in case of plants with a total rated thermal input between 1 and 20 MW
Amendment 417 #
Proposal for a directive
Annex II – part 2 – table 1
Annex II – part 2 – table 1
Emission limit values for new medium combustion plants 1. Emission limit values (mg/Nm³) for mediumnew combustion plants with total rated thermal input between 1 and 5 MW other than engines and gas turbines Pollutant Solid Other solid Liquid fuels Heavy fuel Gas Oil Liquid Natural gas Gaseous biomass fFuels other than oil fuels other Gas fuels other heavy fuel than Gas than natural oil Oil gas SO2 200(1a) 1100 400 - 170 350 (1b) - 35110 (1c) NOXx 3500 3500 200 300 300 (1d) 100 200 Particulate 20(1) 50 20 50 20- 20 50 - - matter (1a) The value does not apply in case of plants firing exclusively woody solid biomass. (1b) 25 mg/Nm3 for plants with a thermal input below or equal to 5 MW Until 1 January 2025, 1700 mg/Nm³ in case of plants being part of Small Isolated Systems (SIS) and Micro Isolated Systems (MIS). (1c) 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). (1d) Until 1 January 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 427 #
Proposal for a directive
Annex II – part 2 – table 1 a (new)
Annex II – part 2 – table 1 a (new)
1a. Emission limit values (mg/Nm3) for new combustion plants with a total rated thermal input above 5 MW other than engines and gas turbines. Pollutant Solid Other solid Gas Oil Liquid fuels Natural gas Gaseous biomass fuels other than fuels other Gas Oil than natural gas SO2 200 (1a) 400 (1b) - 350 (1c) - 35 (1d) (1e) NOX 300 300 200 300 (1f) 100 200 Particulate 20 (1g) 20 (1g) - 20 - - matter (1a) The value does not apply in case of plants firing exclusively woody solid biomass (1b) 1100 mg/Nm3 in case of plants with a total rated thermal input between 5 and 20 MW. (1c) Until 1 January 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. (1d) 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). (1e) 100 mg/Nm3 in case of biogas. (1f) Until 1 January 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. (1g) 30 mg/Nm3 in case of plants with total rated thermal input between 5 and 20 MW.
Amendment 428 #
Proposal for a directive
Annex II –part 2 – table 2
Annex II –part 2 – table 2
2. Emission limit values (mg/Nm³) for new engines and gas turbines Pollutant Type of installacombustion plant Gas Oil Liquid fuels Natural gas Gaseous fuels other than other than Gas Oil natural gas SO2 Engines and gas turbines 60- -120(-1a) - 15 15 (-1b) NOX Engines(-1c)-(1d) 190(1) 1 190 (1)(1a) 95 (2) 2 NOX190 Engines Gas turbines (3) 75 190 ( ) 95 ( ) 75(3a) 50 75 190 G(3b)(3c) Particulate Engines and gas turbines (3) - 75 10 50 - 75 Particulate Engines and gas turbines 10 - - matter (1) 225 mg/Nm³ for dual fuel engines in liquid mode - matter (-1a) Until 1 January 2025, 590 mg/Nm³ for diesel engines being part of SIS and MIS. (-1b) 40 mg/Nm3 in case of biogas. (-1c) 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 (15). (-1d) Until 1 January 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. (1) 225 mg/Nm³ for dual fuel engines in liquid mode. (1a) 225 mg/Nm³ for diesel engines with a total rated thermal input equal to or below 20 MW with ≤ 1200 rpm. (2) 190 mg/Nm³ for dual fuel engines in gas mode. (3) Emission limit values are only applicable above 70 % load. (3a) Until 1 January 2025, 550 mg/Nm³ for plants being part of SIS and MIS. (3b) Until 1 January 2025, 75 mg/Nm³ for diesel engines being part of SIS and MIS . (3c) 20 mg/Nm3 in case of plants with a total rated thermal input between 1 and 5 MW.
Amendment 439 #
Proposal for a directive
Annex III
Annex III
Amendment 457 #
Proposal for a directive
Annex IV – point 3
Annex IV – point 3
3. The first measurements shall be carried out within three12 months following the registration of the plant or the date of start of operation whichever is the latest.
Amendment 474 #
Proposal for a directive
Annex IV – point 5
Annex IV – point 5
5. Sampling and analysis of polluting substances and measurements of process parameters as well as any alternatives used as referred to under point 4, shall be carried out in accordance with CEN standards. During the sampling the plant shall be operating under stable conditions at a representative even load, start-up and close-down periods should be excluded. If CEN standards are not available, ISO, national or other international standards which ensure the provision of data of an equivalent scientific quality shall apply.