BETA

21 Amendments of Kateřina KONEČNÁ related to 2013/0442(COD)

Kateřina KONEČNÁ

Proposal for a directive
Recital 5

(5) The combustion of fuel in small combustion plants and appliances can be covered by acts implementing Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products15 . Further measures are nonetheless called for in order to avoid the existence of a legislative gap between Directive 2009/125/EC, which covers small combustion plants and appliances, and this Directive on medium combustion plants. Combustion of fuel in large combustion plants is covered by Directive 2010/75/EU of the European Parliament and of the Council16 from 7 January 2013, while Directive 2001/80/EC of the European Parliament and of the Council17 continues to apply to large combustion plants covered by Article 30(2) of Directive 2010/75/EU until 31 December 2015. __________________ 15 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p.10). 16 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p.17). 17 Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants (OJ L 309, 27.11.2001, p. 1).

2015/03/10
Committee: ENVI

Kateřina KONEČNÁ

Proposal for a directive
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 enterprises, should be applied by Member States, such as the benchmark values set out in Annex III toincluding stricter emission limit values, than the requirements set in this Directive.

2015/03/10
Committee: ENVI

Kateřina KONEČNÁ

Proposal for a directive
Article 2 – paragraph 1 a (new)

1 a. This Directive shall also apply to a combination formed by new medium combustion plants according to Article 3a, including where the total rated thermal input of such combination is equal to or more than 50 MW, unless this combination is a combustion plant covered by Chapter III of Directive 2010/75/EU.

2015/03/10
Committee: ENVI

Kateřina KONEČNÁ

Proposal for a directive
Article 2 – paragraph 2 – point a

(a) combustion plants which are covered by Chapter III, Chapter IV or Chapter IV of Directive 2010/75/EU;

2015/03/10
Committee: ENVI

Kateřina KONEČNÁ

Proposal for a directive
Article 3 – paragraph 1 – point 4

(4) ~~’particulate matter’~~'dust' 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;

2015/03/10
Committee: ENVI

Kateřina KONEČNÁ

Proposal for a directive
Article 3 – paragraph 1 – point 6

(6) ’existing combustion plant’ means a combustion plant put into operation before [12 years after the date of transposition] or for which a permit was granted before [2 year after the date of transposition] pursuant to national legislation provided that the plant is put into operation no later than [3 year after date of transposition];

2015/03/10
Committee: ENVI

Kateřina KONEČNÁ

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall take the necessary measures to ensure that no medium combustion plant~~s are operated only if they are registered by the competent authority.~~ is operated without a permit or a registration. Existing medium combustion plants with a rated thermal input above 5 MW shall be required to have a permit or be registered before 1 January 2025. Existing medium combustion plants with a rated thermal input of 5 MW or less shall be required to have a permit or be registered before 1 January 2030. Existing medium combustion plants firing solid fuels shall be required to have a permit or be registered before 1 January 2020.

2015/03/10
Committee: ENVI

Kateřina KONEČNÁ

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1

From 1 January 20250 emissions into air of sulphur dioxide, nitrogen oxides and ~~particulate matter~~dust from an existing medium combustion plant firing solid fuels shall not exceed the emission limit values set out in Part 1 of Annex II. From 1 January 2025 emissions into air of sulphur dioxide, nitrogen oxides and dust 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.

2015/03/10
Committee: ENVI

Kateřina KONEČNÁ

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2

From 1 January 2030 emissions into air of sulphur dioxide, nitrogen oxides and ~~particulate matter~~dust 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 1 of Annex II.

2015/03/10
Committee: ENVI

Kateřina KONEČNÁ

Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1

From [1 year after the date of transposition] emissions into air of sulphur dioxide, nitrogen oxides and ~~particulate matter~~dust from a new medium combustion plant shall not exceed the emission limit values set out in Part 2 of Annex II.

2015/03/10
Committee: ENVI

Kateřina KONEČNÁ

Proposal for a directive
Article 5 – paragraph 3 – subparagraph 2

Member States may exempt new medium combustion plants which do not operate more than 500 operating hours per year 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~~dust of 100 mg/Nm³ shall apply.

2015/03/10
Committee: ENVI

Kateřina KONEČNÁ

Proposal for a directive
Article 5 – paragraph 4

4. In zones 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.deleted

2015/03/10
Committee: ENVI

Kateřina KONEČNÁ

Proposal for a directive
Article 5 – paragraph 5

~~5. The Commission shall organise an exchange of information with Member States and stakeholders on the benchmark values for more stringent emission limit values referred to in paragraph 4.~~deleted

2015/03/10
Committee: ENVI

Kateřina KONEČNÁ

Proposal for a directive
Article 7 – paragraph 4 – subparagraph 2

IfUntil compliance ~~cannot be restored, the competent authority shall suspend the operation of the~~is restored in accordance with points (b) and (c), the operation of the plant shall be suspended or reduced. The competent authority may not require suspension or reduction of operation of district heating plants and ~~withdraw its registration.~~ combustion plants delivering heat for public use.

2015/03/10
Committee: ENVI

Kateřina KONEČNÁ

Proposal for a directive
Article 13

~~The Commission shall be empowered to adopt~~Article 13 delegated ~~acts in accordance with Article 14 in order to adapt Annex IV to technical and scientific progress.~~Amendment of Annexes

2015/03/10
Committee: ENVI

Kateřina KONEČNÁ

Proposal for a directive
Article 14

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 13 shall be conferred on the Commission for a period of five years from [the date of entry into force]. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than four months before the end of each period. 3. The delegation of power referred to in Article 13 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts aArticle 14 delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 13 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.Exercise of the delegation

2015/03/10
Committee: ENVI

Kateřina KONEČNÁ

Proposal for a directive
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~~ Rated Solid biomass Other solid fuels Liquid fuels Heavy fuel oil Natural gas Gaseous fuels thermal other than heavy ~~biomass~~ ~~fuels~~ other than input ~~oil~~ fuels o~~ther~~il natural gas (MW) ~~heavy fuel~~ ~~than natural oil~~ Pollutant: SO2 1-5 200 (1a)(1b) 1100 170 350 (1c) - 200 (1d) > 5 - 20 200 (1a)(1b) 1100 170 ~~gas SO2 200~~ 350 (1g) - 35 (1f) > 20 - 50 200 (1a)(1b) 400 170 350 - 35 ~~NOX~~ (1f) Pollutant: NOX 1 - 50 650 650 200 650 20 250 250 ~~Particulate 30(1) 30~~ Pollutant: dust 1-5 50 (1e) 50 (1e) 50 50 - - > 5 - 20 50 50 30 30 - - ~~- matter~~ > 20 - 50 30 30 30 30 - - __________________ (1a) The value does not apply in case of plants firing exclusively woody solid biomass. (1b) ~~45 mg/Nm3 for plants with a thermal input below or equal to 5 MW~~ 300 mg/Nm3 in case of plants firing straw. (1c) Until 1 January 2035, 1700 mg/Nm 3. (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. (1f) 170 mg/Nm3 in case of biogas. (1g) Until 1 January 2035, 850 mg/Nm3.

2015/03/17
Committee: ENVI

Kateřina KONEČNÁ

Proposal for a directive
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~~ Rated thermal Solid biomass Other solid fuels Liquid fuels Heavy fuel oil Natural gas Gaseous fuels input (MW) ~~biomass fuels~~ other than heavy ~~oil~~ ~~fuels~~ other than ~~heavy fuel~~fuel oil ~~than~~ natural gas Pollutant: SO2 1-5 200 (1a) 1100 170 (1b) ~~oil~~ 350 (1b) - ~~gas SO2 200~~ 110 (1c) > 5 - 20 200 (1a) 1100 170 (1b) 350 (1b) - 35 (1c)(1d) > 20 - 50 200 (1a) 400 170 (1b) 350 (1b) - 35 ~~NOX~~ (1c)(1d) Pollutant: NOX 1-5 500 500 300 ~~300 200 300 100 200 Particulate 20(1)~~ 300 (1e) 100 200 (1e) > 5 - 50 300 300 300 300 100 200 Pollutant: dust 1-5 50 50 50 50 - - > 5 - 20 30 30 20 20 20 - - > 20 - 50 20 20 20 20 - - ~~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) 100 mg/Nm3 in case of biogas. (1e) 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.

2015/03/17
Committee: ENVI

Kateřina KONEČNÁ

Proposal for a directive
Annex III

Benchmark values for more stringent emission limit values referred to in Article 5(4) 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. Emission limit value benchmarks (mg/Nm³) for medium combustion plants other than engines and gas turbines Pollutant Rated Solid Other solid Liquid Natural Gaseous fuels other than thermal biomass fuels fuels gas natural gas input (MW) NOX 1-5 200 100 120 70 120 > 5 - 50 145 100 120 70 120 Particulate 1 - 5 10 10 10 - - matter > 5 - 50 5 5 5 - - 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 Gas turbines (1) 50 20 50 1 ( ) benchmark is only applicable above 70 % load. deleted

2015/03/17
Committee: ENVI

Kateřina KONEČNÁ

Proposal for a directive
Annex IV – title

Emission monitoring and assessment of compliance

2015/03/17
Committee: ENVI

Kateřina KONEČNÁ

Proposal for a directive
Annex IV – point 1

1. Periodic measurements of SO2, NOx and ~~particulate matter~~, dust shall be required at least every three years for medium combustion plants the total rated thermal input of which is greater than 1 MW and less than 20 MW firing liquide and/or gasseous fuels, and at least annually for medium combustion plants the total rated thermal input of which is equal to or greater than 20 MW but less than 50 MW and for combustion plants the total rated thermal input of which is greater than 1 MW firing solid fuels.

2015/03/17
Committee: ENVI