57 Amendments of Eleonora FORENZA related to 2013/0442(COD)
Amendment 55 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The Union is signatory to the Minamata Convention which aims to control and where feasible reduce emissions of mercury in order to protect human health and the environment from its adverse effects.
Amendment 58 #
Proposal for a directive
Recital 9
Recital 9
(9) TWithout prejudice to the attainment of health and environmental protection objectives, the requirements of 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 activitiesto medium combustion plants that are regulated by Chapter III or IV of Directive 2010/75/EU provided that they are subject to stricter requirements than set under this Directive.
Amendment 62 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) This Directive should apply to medium combustion plants, including a combination formed by two or more combustion plants, with a total rated thermal input equal to or greater than 1 MW and less than 50 MW. In order to avoid regulatory gaps, the provisions of this Directive should also apply to a combination formed by medium combustion plants where the total rated thermal input is equal to or more than 50 MW, without prejudice to stricter provisions set pursuant to Chapter II and Chapter III of Directive 2010/75/EU.
Amendment 65 #
Proposal for a directive
Recital 10
Recital 10
(10) In order to ensure the control of emissions of sulphur dioxide, nitrogen oxides and, particulate matter into the air, each medium combustion plant should operate, mercury, dioxins and furans, formaldehydes, methane, carbon monoxide, total organic carbon and ammonia into the air, each medium combustion plant should operate in accordance to emissions levels achievable using best available techniques and only if it is at least registered by the competent authority, based on notification by the operator.
Amendment 72 #
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. Without prejudice to the attainment of health and environmental protection objectives requiring stricter conditions, for medium combustion plants covered by Chapter II of Directive 2010/75/EU, the emission limit values and monitoring requirements set out in this Directive should be considered to represent the Union-wide minimum requirements and may not be exceeded when applying Article 15 of Directive 2010/75/EU.
Amendment 79 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) It is necessary to ensure that new medium combustion plants conform to best available techniques as regards energy efficiency, and apply cogeneration technology. Existing medium combustion plants should be provided with more time to conform to energy efficiency levels based on best available techniques.
Amendment 87 #
Proposal for a directive
Recital 16
Recital 16
(16) To ensure the consistency and coherence of the Member State information on the implementation of this Directive and promote exchange of information between Member States and the Commission, the Commission, assisted by the European Environment Agency, should develop an electronic reporting tool also available for internal use by Member States for national reporting and data management and active dissemination purposes.
Amendment 90 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to adapt to scientific and technical progress, the power to adopt actsestablish the energy efficiency standards for medium combustion plants, and to adjust the provisions on emission monitoring set out in Annex IV to scientific and technical progress, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council.
Amendment 92 #
Proposal for a directive
Article 1
Article 1
This Directive lays down rules to prevent and control emissions of sulphur dioxide, nitrogen oxides and, particulate matter, mercury, dioxins and furans, formaldehydes, methane, carbon monoxide, total organic carbon and ammonia 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. It aims to achieve a high level of environmental and human health protection.
Amendment 100 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 121 #
Proposal for a directive
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
(f) combustion plants which are covered by implementing measures adopted in accordance with Regulation (EC) No 1069/2009 of the European Parliament and of the Council22 where those implementing acts are setting stricter emission limit values or compliance provisions for the pollutants listed in Annex II of this Directive. __________________ 22 Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (OJ L 300, 14.11.2009, p. 1.)
Amendment 140 #
Proposal for a directive
Article 3 – paragraph 1 – point 4 a (new)
Article 3 – paragraph 1 – point 4 a (new)
(4 a) 'dioxins and furans' means all polychlorinated dibenzo-p-dioxins and dibenzofurans listed in Part 2 of Annex VI of Directive 2010/75/EU;
Amendment 147 #
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 [1 year after the date of transpositiondate of entry into force];
Amendment 150 #
Proposal for a directive
Article 3 – paragraph 1 – point 15 – point b – point e
Article 3 – paragraph 1 – point 15 – point b – point e
(e) wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals or other hazardous contaminants as a result of treatment with wood preservatives or coating and which includes, in particular, such wood waste originating from construction and demolition waste;
Amendment 152 #
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 discharging emissions into the air, in whole or in part, is operating and discharging emissions into the air, including start-up and shut-down periods;
Amendment 167 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Amendment 179 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The competent authority shall consider the impact on the environment and human health when granting a permit or registering the medium combustion plant within one month following the notification by the operator. The competent authority shall evaluate the information listed in Annex I and assess the compatibility of the operation conditions proposed under paragraph 3 with the following: a) compliance with ambient air quality concentrations of 10 μg/m3 (annual mean) for PM2.5, 40 μg/m3 (annual mean) for NO2, 20 μg/m3 (24-hour mean) for SO2 in the air quality zone where the plant is located; b) compliance with critical loads and levels for the protection of ecosystems. The competent authority may require the operator to provide further evidence for the purpose of the assessment and shall inform the operator thereof.
Amendment 184 #
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
6. For each medium combustion plant, the register held by the competent authorities shall be made publicly accessible and at least include the information listed in Annex I, as well as any information obtained through the verification of monitoring results or other compliance checks referred to in Articles 7 and 8.
Amendment 189 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Without prejudice to theany stricter 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.
Amendment 200 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
From 1 January 20250 emissions into air of sulphur dioxide, nitrogen oxides and, particulate matter, mercury, dioxins and furans, formaldehydes, methane, carbon monoxide, total organic carbon and ammonia 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 1 of Annex II.
Amendment 209 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Amendment 221 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 3
Article 5 – paragraph 2 – subparagraph 3
Amendment 241 #
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
From [1 year after the date of transpositionentry into force] emissions into air of sulphur dioxide, nitrogen oxides and, particulate matter, mercury, dioxins and furans, formaldehydes, methane, carbon monoxide, total organic carbon and ammonia from a new medium combustion plant shall not exceed the emission limit values set out in Part 2 of Annex II.
Amendment 249 #
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
Amendment 271 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. In zones at risk of not complying with EU air quality limit values laid down in Directive 2008/50/EC, Member States shall apply, for individual medium combustion plants in those zones, emission limit values based on the benchmark values laid down in Annex III or on stricter values established by the Member States, unless it is demonstrated to the Commission that applying such emission limit values would entail disproportionate costs and that other measures ensuring compliance with the air quality limit values have been included in the air quality plans required under Article 23 of Directive 2008/50/EC and shall consider additional measures such as reduced operating hours.
Amendment 280 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The Commission shall organise an exchange of information with Member States and environmental and health protection stakeholders on the benchmark values for more stringent emission limit values referred to in paragraph 4.
Amendment 283 #
Proposal for a directive
Article 5 – paragraph 6 – subparagraph 1
Article 5 – paragraph 6 – subparagraph 1
The competent authority may exceptionally grant a derogation for a maximum of six months from the obligation to comply with the emission limit values provided for in paragraphs 2 and 3 for sulphur dioxide in respect of a medium combustion plant which normally uses low-sulphur fuel, in cases where the operator is unable to comply with those limit values because of an interruption in the supply of low- sulphur fuel resulting from a serious shortage and only when it is absolutely necessary to ensure supply security.
Amendment 285 #
Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2
Article 5 – paragraph 6 – subparagraph 2
Member States shall immediately inform the Commission of any derogation granted under the first subparagraph, if it is granted for a time period exceeding 10 days.
Amendment 302 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5 a Energy efficiency 1. From 1 January 2018 new medium combustion plants with a rated thermal input above 20 MW shall achieve energy efficiency in line with best available techniques. 2. From 1 January 2020 all new medium combustion plants shall achieve energy efficiency in line with best available techniques. 3. From 1 January 2025 all existing medium combustion plants shall achieve energy efficiency in line with best available techniques. 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 14 in order to set the minimum energy efficiency standards for medium combustion plants in line with best available techniques. The standards applicable to new medium combustion plants with rated thermal input above 20MW shall be adopted by 31 December 2016.
Amendment 304 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that the operators carry out monitoring of emissions at least in accordance with Annex IV. Emissions into air of sulphur dioxide, nitrogen oxides, particulate matter, carbon monoxide, total organic carbon and ammonia shall be monitored continuously.
Amendment 305 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. All monitoring results shall be recorded, processed and presented in such a way as to enable the competent authority to verify compliance with the emission limit values. The monitoring results and compliance assessments shall be actively disseminated to the public and all related documents shall be provided for free public consultation on the web page of the competent authority even including through electronic databases.
Amendment 315 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall take the necessary measures to ensure that the emission limit values are met during the periods of start- up and shut-down of the medium combustion plants and that periods of any malfunctions are kept as short as possible. In case of a malfunction or a breakdown of secondary abatement equipment, the operator shall immediately inform the competent authority.
Amendment 328 #
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
If compliance cannot be restored within ten days, the competent authority shall suspend immediately the operation of the plant and withdraw its registration or operating permit.
Amendment 339 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Data listed in paragraph 2 shall be made available to the competent authority upon request to verify compliance with the requirements of this Directive and shall be actively disseminated to the public, including through electronic databases, within one month of reception.
Amendment 341 #
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 onesix months before the change takes place.
Amendment 343 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. UponThe competent authority shall take note of the notification fromby the operator in accordance with paragraph 1, the competent authority shall register any such change within one monthand shall inform the operator within 3 months about additional measures required related to Article 5(4) and whether the changes are accepted.
Amendment 347 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Without prejudice to Directive 2003/4/EC of the European Parliament and of the Council24 and the Aarhus Convention, the competent authority shall make available to the public, including via the Internet, the register of medium combustion plants and all information held by the competent authority pursuant to Articles 4, 6, 7 and 8 of this Directive. __________________ 24 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information (OJ L 41, 14.2.2003, p. 26).
Amendment 351 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall, by [2 years after the date of transpositionentry into force], 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 these plants, grouped by fuel type and capacity class, mercury, dioxins and furans, formaldehydes, methane, carbon monoxide, total organic carbon and ammonia from these plants, grouped by fuel type and capacity class. The summaries shall be made publicly available by the Commission one month after that date.
Amendment 357 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
Member States shall send to the Commission a second and third report containing the update of the data referred to in paragraph 1 by respectively 1 October 20262 and 1 October 203127.
Amendment 359 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The Commission shall, within twelve months from the receipt of the reports from Member States in accordance with paragraphs 1 and 2by 1 January 2020 at the latest, and taking into account information made available in accordance with Articles 5 (6), 5(7) and Article 10, submit a summaryfull report to the European Parliament and to the Council, which is made publicly available.
Amendment 364 #
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 establishreview or extend the benchmark values laid down in Annexes II and IIII as Union- wide emission limit values, and in light of the developments of best available techniques in the sector concerned. The report shall be accompanied by a legislative proposal where appropriate.
Amendment 365 #
Proposal for a directive
Article 12 – paragraph 6
Article 12 – paragraph 6
6. When carrying out its duties under paragraphs 3 to 5, the Commission shall be assisted by the European Environment Agency and the non governmental organisations promoting environmental and health protection.
Amendment 384 #
Proposal for a directive
Annex I – point 8
Annex I – point 8
Amendment 387 #
Proposal for a directive
Annex II – paragraph 1
Annex II – paragraph 1
All emission limit values set out in this Annex are defined at a temperature of 273,15 K, a pressure of 101,3 kPa and after correction for the water vapour content of the waste gases and at a standardised O2 content of 6 % for combustion plants using solid fuels, 3 % for combustion plants, other than engines and gas turbines, using liquid and gaseous fuels and 15 % for engines and gas turbines.
Amendment 390 #
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 medium combustion plants other than engines and gas turbines Pollutant Solid Other solid Liquid Heavy fuel Natural Gaseous biomass fuels (1a) fuels other oil (1a) gas fuels other than heavy than fuel oil (1a) natural gas SO2 250 100 4100 170100 - 350 NOX - 100 35 NOX 650 100 (1b) 100 (1b) 100 (1b) 70 65 70 Particulate 10 20 10 650 5 2005 250 Particula - - matter 30 Mercury (1c) 10 3 10 - 30 30 - - matter - - - Dioxins and 0,1 0,1 0,1 0,1 - - Furans (1d) Carbone 200 100 - - - - monoxide Total 10 10 - - - - organic carbon (1a) sulphur content in fuels should not exceed 0,05% (1b) 45350 mg/Nm3 for plants with a thermal input below or equal to 5 MW ³ in case it is technically impossible to use abatement techniques (1c) emission limit values expressed in µg/Nm³ (1d) emission limit values expressed in ng/Nm³
Amendment 408 #
Proposal for a directive
Annex II – part 1 – table 2
Annex II – part 1 – table 2
2. Emission limit values (mg/Nm³) for engines and gas turbines Pollutant Type of installation Liquid fuels Natural gas Gaseous fuels other than (1a) natural gas SO2 Engines and gas turbines 60 5 - 15 NOX turbines NOX Engines 190 (1)30 30 190 (2)30 190 (2) (3) Gas turbines (3) 2030 1530 20 30 Particulate matter Engines and gas turbines 10 5 - - matter (1) 1850 mg/Nm³ in the following cas turbines: (i) for diesel engines the construction of which commenced before 18 May 2006; (ii) for dual fuel engines in liquid mode. (2) 380 mg/Nm³ for dual fuel engines in gas mode.Formaldehydes Engines and gas 1 1 1 turbines Methane Engines and gas 300 300 300 turbines Carbon monoxide Engines and gas 35 35 35 turbines (1a) sulphur content in fuels should not exceed 0,05% (3) Eemission limit values are only applicable above 70 % load.
Amendment 418 #
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 medium combustion plants other than engines and gas turbines Pollutant Solid Solid Other solid Liquid fuels Heavy fuel Natural gas Gaseous biomass fuels (1a) other than oil oil (1a) fuels other heavy fuel than natural oil (1a) gas SO2 2050 4 100 1700 35100 - 350 NOX 3070 30 70 20 70 30 70 10 70 20 70 Particulate 20(1)5 5 20 5 20 205 - - matter Mercury(1b) 25 mg/Nm3 for plants with a thermal input below or equal to 5 MW 3 3 - - - - Dioxins and 0,1 0,1 0,1 0,1 - - furans (1c) Carbon 200 100 - - - - monoxide Total 10 10 - - - - organic carbon (1a) sulphur content in fuels should not exceed 0,05% (1b) emission limit values expressed in µg/Nm³ (1c) emission limit values expressed in ng/Nm³
Amendment 430 #
Proposal for a directive
Annex II –part 2 – table 2
Annex II –part 2 – table 2
Amendment 440 #
Proposal for a directive
Annex III – table 1
Annex III – table 1
Emission limit value benchmarks (mg/Nm³) for medium combustion plants other than engines and gas turbines Pollutant Rated Solid Other solid Liquid Natural gas Gaseous fuels other thermal biomass fuels fuels than natural gas input (MW) NOX 1-5 200 100 120 70 120 > 5 - 50 145 100 120 70 120 Particulate 1-5 10 10 5 105 - - matter > 5 - 50 5 5 5 - -
Amendment 443 #
Proposal for a directive
Annex III – table 2
Annex III – table 2
Emission limit value benchmarks (mg/Nm³) for engines and gas turbines Pollutant Type of installation Liquid fuels Natural gas Gaseous fuels other than natural gas NOX Engines 150 35 35 1 Gas turbines ( ) 50 20 5Natural gas NOX Gas turbines (1) 20 (1) benchmark is only applicable above 70 % load.
Amendment 447 #
Proposal for a directive
Annex IV – title
Annex IV – title
Emission monitoring and assessment of compliance
Amendment 449 #
Proposal for a directive
Annex IV – subtitle 1 a (new)
Annex IV – subtitle 1 a (new)
Part 1: monitoring methods
Amendment 450 #
Proposal for a directive
Annex IV – point 1
Annex IV – point 1
1. PeriodicContinuous measurements of SO2, NOx and, particulate matter shall be required at least every three years for medium combustion plants the rated thermal input of which is greater than 1 MW and less than 20 MW, and at least annually for medium combustion plants the rated thermal input of which is equal to or greater than 20 MW but less than 50 MW, carbon monoxide, total organic carbon and ammonia shall be required for medium combustion plants.
Amendment 454 #
Proposal for a directive
Annex IV – point 2
Annex IV – point 2
2. Measurements are only required for pollutants for which an emission limit value is laid down in Annex II for the plant concernedContinuous measurements of mercury shall be required for medium combustion plants the rated thermal input of which is equal to or greater than 20 MW, and at least monthly for medium combustion plants the rated thermal input of which is less than 20 MW. 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 456 #
Proposal for a directive
Annex IV – point 2 a (new)
Annex IV – point 2 a (new)
2a. Periodic measurements of dioxins and furans, formaldehydes and methane shall be required at least annually.
Amendment 465 #
Proposal for a directive
Annex IV – point 4
Annex IV – point 4
4. As an alternative to the measurements of SO2 referred to in point 1, other procedures, verified and approved by the competent authority, may be used to determine the SO2 emissions certification of the use of ultra-low sulphur fuels may be used to determine the SO2 emissions and to allow for an exemption from continuous measurements set pursuant to point 1.
Amendment 476 #
Proposal for a directive
Annex IV – Part 2 (new)
Annex IV – Part 2 (new)
Part 2: Assessment of compliance 1. In the case of periodic measurements referred to in point 3, the emission limit values referred to in Article 5 shall be regarded as having been complied with if the result of each individual measurement, does 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 to Directive 2010/75/EU. The validated average values are determined as set out in points 9 and 10 of Part 3 of Annex V to 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 Article 5(7) as well as during the start-up and shut-down periods shall be included.