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
Modified by
- Actconcerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, 103T, September 23, 2003
- Council Directive 2006/105/ECof 20 November 2006adapting Directives 73/239/EEC, 74/557/EEC and 2002/83/EC in the field of environment, by reason of the accession of Bulgaria and Romania, 306L0105, December 20, 2006
Corrected by
- Corrigendum to 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, 301L0080R(01), November 23, 2002
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(1) "emission" means the discharge of substances from the combustion plant into the air; (2) "waste gases" means gaseous discharges containing solid, liquid or gaseous emissions; their volumetric flow rates shall be expressed in cubic metres per hour at standard temperature (273 K) and pressure (101,3 kPa) after correction for the water vapour content, hereinafter referred to as (Nm 3 /h);(3) "emission limit value" means the permissible quantity of a substance contained in the waste gases from the combustion plant which may be discharged into the air during a given period; it shall be calculated in terms of mass per volume of the waste gases expressed in mg/Nm 3 , assuming an oxygen content by volume in the waste gas of 3 % in the case of liquid and gaseous fuels, 6 % in the case of solid fuels and 15 % in the case of gas turbines;(4) "rate of desulphurisation" means the ratio of the quantity of sulphur which is not emitted into the air at the combustion plant site over a given period to the quantity of sulphur contained in the fuel which is introduced into the combustion plant facilities and which is used over the same period; (5) "operator" means any natural or legal person who operates the combustion plant, or who has or has been delegated decisive economic power over it; (6) "fuel" means any solid, liquid or gaseous combustible material used to fire the combustion plant with the exception of waste covered by Council Directive 89/369/EEC of 8 June 1989 on the prevention of air pollution from new municipal waste incineration plants , Council Directive 89/429/EEC of 21 June 1989 on the reduction of air pollution from existing municipal waste incineration plantsOJ L 163, 14.6.1989, p. 32 . , and Council Directive 94/67/EC of 16 December 1994 concerning the incineration of hazardous wasteOJ L 203, 15.7.1989, p. 50 . or any subsequent Community act repealing and replacing one or more of these Directives;OJ L 365, 31.12.1994, p. 34 .(7) "combustion plant" means any technical apparatus in which fuels are oxidised in order to use the heat thus generated. This Directive shall apply only to combustion plants designed for production of energy with the exception of those which make direct use of the products of combustion in manufacturing processes. In particular, this Directive shall not apply to the following combustion plants: -
(a) plants in which the products of combustion are used for the direct heating, drying, or any other treatment of objects or materials e.g. reheating furnaces, furnaces for heat treatment; (b) post-combustion plants i.e. any technical apparatus designed to purify the waste gases by combustion which is not operated as an independent combustion plant; (c) facilities for the regeneration of catalytic cracking catalysts; (d) facilities for the conversion of hydrogen sulphide into sulphur; (e) reactors used in the chemical industry; (f) coke battery furnaces; (g) cowpers; (h) any technical apparatus used in the propulsion of a vehicle, ship or aircraft; (i) gas turbines used on offshore platforms; (j) gas turbines licensed before 27 November 2002 or which in the view of the competent authority are the subject of a full request for a licence before 27 November 2002 provided that the plant is put into operation no later than 27 November 2003 without prejudice to Article 7(1) and Annex VIII(A) and (B);
Plants powered by diesel, petrol and gas engines shall not be covered by this Directive. Where two or more separate new plants are installed in such a way that, taking technical and economic factors into account, their waste gases could, in the judgement of the competent authorities, be discharged through a common stack, the combination formed by such plants shall be regarded as a single unit; -
(8) "multi-fuel firing unit" means any combustion plant which may be fired simultaneously or alternately by two or more types of fuel; (9) "new plant" means any combustion plant for which the original construction licence or, in the absence of such a procedure, the original operating licence was granted on or after 1 July 1987; (10) "existing plant" means any combustion plant for which the original construction licence or, in the absence of such a procedure, the original operating licence was granted before 1 July 1987; (11) "biomass" means products consisting of any whole or part of a vegetable matter from agriculture or forestry which can be used as a fuel for the purpose of recovering its energy content and the following waste used as a fuel: -
(a) vegetable waste from agriculture and forestry; (b) vegetable waste from the food processing industry, if the heat generated is recovered; (c) fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is recovered; (d) cork waste; (e) wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coating, and which includes in particular such wood waste originating from construction and demolition waste;
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(12) "gas turbine" means any rotating machine which converts thermal energy into mechanical work, consisting mainly of a compressor, a thermal device in which fuel is oxidised in order to heat the working fluid, and a turbine. (13) "Outermost Regions" means the French Overseas Departments with regard to France, the Azores and Madeira with regard to Portugal and the Canary Islands with regard to Spain.
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(a) taking appropriate measures to ensure that all licences for the operation of existing plants contain conditions relating to compliance with the emission limit values established for new plants referred to in paragraph 1; or (b) ensuring that existing plants are subject to the national emission reduction plan referred to in paragraph 6;
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(a) the operator of an existing plant undertakes, in a written declaration submitted by 30 June 2004 at the latest to the competent authority, not to operate the plant for more than 20000 operational hours starting from 1 January 2008 and ending no later than 31 December 2015; (b) the operator is required to submit each year to the competent authority a record of the used and unused time allowed for the plants' remaining operational life.
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(a) the plan shall comprise objectives and related targets, measures and timetables for reaching these objectives and targets, and a monitoring mechanism; (b) Member States shall communicate their national emission reduction plan to the Commission no later than 27 November 2003; (c) within six months of the communication referred to in point (b) the Commission shall evaluate whether or not the plan meets the requirements of this paragraph. When the Commission considers that this is not the case, it shall inform the Member State and within the subsequent three months the Member State shall communicate any measures it has taken in order to ensure that the requirements of this paragraph are met; (d) the Commission shall, no later than 27 November 2002, develop guidelines to assist Member States in the preparation of their plans.
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(a) the need for further measures; (b) the amounts of heavy metals emitted by large combustion plants; (c) the cost-effectiveness and costs and advantages of further emission reductions in the combustion plants sector in Member States compared to other sectors; (d) the technical and economic feasibility of such emission reductions; (e) the effects of both the standards set for the large combustion plants sector including the provisions for indigenous solid fuels, and the competition situation in the energy market, on the environment and the internal market; (f) any national emission reduction plans provided by Member States in accordance with paragraph 6.
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(1) Plants, of a rated thermal input equal to or greater than 400 MW, which do not operate more than the following numbers of hours a year (rolling average over a period of five years), -
until 31 December 2015, 2000 hours; from 1 January 2016, 1500 hours;
shall be subject to a limit value for sulphur dioxide emissions of 800 mg/Nm 3 .This provision shall not apply to new plants for which the licence is granted pursuant to Article 4(2). -
(2) Until 31 December 1999, the Kingdom of Spain may authorise new power plants with a rated thermal input equal to or greater than 500 MW burning indigenous or imported solid fuels, commissioned before the end of 2005 and complying with the following requirements: -
(a) in the case of imported solid fuels, a sulphur dioxide emission limit value of 800 mg/Nm 3 ; (b) in the case of indigenous solid fuels, at least a 60 % rate of desulphurisation,
provided that the total authorised capacity of such plants to which this derogation applies does not exceed: -
2000 MWe in the case of plants burning indigenous solid fuels; in the case of plants burning imported solid fuels either 7500 or 50 % of all the new capacity of all plants burning solid fuels authorised up to 31 December 1999, whichever is the lower.
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(a) there is an overriding need to maintain energy supplies, or (b) the plant with the breakdown would be replaced for a limited period by another plant which would cause an overall increase in emissions.
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(a) firstly by taking the emission limit value relevant for each individual fuel and pollutant corresponding to the rated thermal input of the combustion plant as given in Annexes III to VII, (b) secondly by determining fuel-weighted emission limit values, which are obtained by multiplying the above individual emission limit value by the thermal input delivered by each fuel, the product of multiplication being divided by the sum of the thermal inputs delivered by all fuels, (c) thirdly by aggregating the fuel-weighted limit values.
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(a) firstly by taking the emission limit value relevant for each individual fuel and pollutant corresponding to the rated heat input of the combustion plant as given in Annexes III to VII, (b) secondly by calculating the emission limit value of the determinative fuel (fuel with the highest emission limit value according to Annexes III to VII and, in the case of two fuels having the same emission limit value, the fuel with the higher thermal input); this value is obtained by multiplying the emission limit value laid down in Annexes III to VII for that fuel by a factor of two, and subtracting from this product the emission limit value of the fuel with the lowest emission limit value, (c) thirdly by determining the fuel-weighted emission limit values, which are obtained by multiplying the calculated fuel emission limit value by the thermal input of the determinative fuel and the other individual emission limit values by the thermal input delivered by each fuel, the product of multiplication being divided by the sum of the thermal inputs delivered by all fuels, (d) fourthly by aggregating the fuel-weighted emission limit values.
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(a) for plants referred to in Article 4(1) and (3): 1000 mg/Nm3 , averaged over all such plants within the refinery; (b) for new plants referred to in Article 4(2): 600 mg/Nm 3 , averaged over all such plants within the refinery, with the exception of gas turbines.
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(a) none of the calendar monthly mean values exceeds the emission limit values; and (b) in the case of: -
(i) sulphur dioxide and dust: 97 % of all the 48 hourly mean values do not exceed 110 % of the emission limit values, (ii) nitrogen oxides: 95 % of all the 48 hourly mean values do not exceed 110 % of the emission limit values.
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(a) no validated daily average value exceeds the relevant figures set out in part B of Annexes III to VII, and (b) 95 % of all the validated hourly average values over the year do not exceed 200 % of the relevant figures set out in part B of Annexes III to VII.
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(a) all the combustion plants covered by this Directive, (b) emissions of sulphur dioxide, and oxides of nitrogen expressed in tonnes per annum and as concentrations of these substances in the waste gases, (c) measures already taken or envisaged with a view to reducing emissions, and of changes in the choice of fuel used, (d) changes in the method of operation already made or envisaged, (e) definitive closures of combustion plants already effected or envisaged, and (f) where appropriate, the emission limit values imposed in the programmes in respect of existing plants.
Member State | 0 | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
---|---|---|---|---|---|---|---|---|---|---|
% reduction over 1980 emissions | % reduction over adjusted 1980 emissions | |||||||||
Phase 1 | Phase 2 | Phase 3 | Phase 1 | Phase 2 | Phase 3 | Phase 1 | Phase 2 | Phase 3 | ||
1993 | 1998 | 2003 | 1993 | 1998 | 2003 | 1993 | 1998 | 2003 | ||
Belgium | - |
- |
- |
- |
- |
- | ||||
Bulgaria | -19 | -25 | -31 | -19 | -25 | -31 | ||||
Czech Republic | - |
- |
- |
- |
- |
- | ||||
Denmark | - |
- |
- |
- |
- |
- | ||||
Germany | - |
- |
- |
- |
- |
- | ||||
Estonia | - |
- |
- |
- |
- |
- | ||||
Greece | + |
+ |
+ |
- |
- |
- | ||||
Spain | - |
- |
- |
- |
- | |||||
France | - |
- |
- |
- |
- |
- | ||||
Ireland | + |
+ |
+ |
- |
- |
- | ||||
Italy | - |
- |
- |
- |
- |
- | ||||
Cyprus | + |
+ |
+ |
+ |
+ |
+ | ||||
Latvia | - |
- |
- |
- |
- |
- | ||||
Lithuania | - |
- |
- |
- |
- |
- | ||||
Luxembourg | - |
- |
- |
- |
- |
- | ||||
Hungary | - |
- |
- |
- |
- |
- | ||||
Malta | + |
+ |
+ |
+ |
+ |
+ | ||||
Netherlands | - |
- |
- |
- |
- |
- | ||||
Portugal | + |
+ |
+ |
- |
- |
- | ||||
Poland | - |
- |
- |
- |
- |
- | ||||
Romania | 561 | 692 | 503 | 518 | 23 | -10 | -8 | 23 | -10 | -8 |
Slovenia | - |
- |
- |
- |
- |
- | ||||
Slovakia | - |
- |
- |
- |
- |
- | ||||
United Kingdom | - |
- |
- |
- |
- |
- | ||||
Austria | - |
- |
- |
- |
- |
- | ||||
Finland | - |
- |
- |
- |
- |
- | ||||
Sweden | - |
- |
- |
- |
- |
- |
Member State | 0 | 1 | 2 | 3 | 4 | 5 | 6 |
---|---|---|---|---|---|---|---|
% reduction over 1980 emissions | % reduction over adjusted 1980 emissions | ||||||
Phase 1 | Phase 2 | Phase 1 | Phase 2 | Phase 1 | Phase 2 | ||
1993 |
1998 | 1993 |
1998 | 1993 |
1998 | ||
Belgium | - |
- |
- |
- | |||
Bulgaria | 155 | 125 | 95 | -19 | -39 | -19 | -39 |
Czech Republic | - |
- |
- |
- | |||
Denmark | - |
- |
- |
- | |||
Germany | - |
- |
- |
- | |||
Estonia | - |
- |
- |
- | |||
Greece | + |
+ |
|||||
Spain | + |
- |
- |
- | |||
France | - |
- |
- |
- | |||
Ireland | + |
+ |
|||||
Italy | - |
- |
- |
- | |||
Cyprus | + |
+ |
+ |
+ | |||
Latvia | - |
- |
- |
- | |||
Lithuania | - |
- |
- |
- | |||
Luxembourg | - |
- |
- |
- | |||
Hungary | - |
- |
- |
- | |||
Malta | + |
+ |
+ |
+ | |||
Netherlands | - |
- |
- |
- | |||
Portugal | + |
+ |
- |
||||
Poland | - |
- |
- |
- | |||
Romania | 135 | 135 | 77 | -1 | -43 | -1 | -43 |
Slovenia | - |
- |
- |
- | |||
Slovakia | - |
- |
- |
- | |||
United Kingdom | - |
- |
- |
- | |||
Austria | - |
- |
- |
- | |||
Finland | - |
- |
- |
- | |||
Sweden | - |
- |
- |
- |
Type of fuel | 50 to 100 MWth | 100 to 300 MWth | > 300 MWth |
---|---|---|---|
Biomass | |||
General case |
50 to 100 MWth | 100 to 300 MWth | > 300 MWth |
---|---|---|
Type of fuel | |
---|---|
Gaseous fuels in general | |
Liquefied gas | |
Low calorific gases from gasification of refinery residues, coke oven gas, blast-furnace gas | |
Gas from gasification of coal |
Gaseous fuels in general | |
Liquefied gas | |
Low calorific gases from coke oven | |
Low caloric gases from blast furnace |
Type of fuel: | |
---|---|
50 to 500 MWth: | |
>500 MWth: | |
50 to 500 MWth: | |
>500 MWth: | |
50 to 500 MWth: | |
>500 MWth: | |
50 to 500 MWth: | |
>500 MWth: |
Type of fuel | 50 to 100 MWth | 100 to 300 MWth | > 300 MWth |
---|---|---|---|
Biomass | |||
General case |
50 to 100 MWth | 100 to 300 MWth | > 300 MWth |
---|---|---|
50 to 300 MWth | > 300 MWth | |
---|---|---|
Natural gas (note 1) | ||
Other gases |
Natural gas (Note 1) | |
Liquid fuels (Note 3) | |
Gaseous fuels (other than natural gas) |
-
gas turbines, used in combined heat and power systems having an overall efficiency greater than 75 %; gas turbines used in combined cycle plants having an annual average overall electrical efficiency greater than 55 %; gas turbines for mechanical drives.
Type of fuel | ||
---|---|---|
Solid | ||
Liquid |
all plants | 50 |
Gaseous | all plants |
50 to 100 MWth | > 100 MWth |
---|---|
50 to 100 MWth | > 100 MWth |
---|---|
As a rule | |
For blast furnace gas | |
For gases produced by the steel industry which can be used elsewhere |
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for combustion plants with a life span of less than 10000 operational hours; for SO 2 and dust from natural gas burning boilers or from gas turbines firing natural gas;for SO 2 from gas turbines or boilers firing oil with known sulphur content in cases where there is no desulphurisation equipment;for SO 2 from biomass firing boilers if the operator can prove that the SO2 emissions can under no circumstances be higher than the prescribed emission limit values.
Sulphur dioxide | 20 % |
Nitrogen oxides | 20 % |
Dust | 30 % |
-
the total annual emissions of SO 2 , NOx and dust (as total suspended particles). the total annual amount of energy input, related to the net calorific value, broken down in terms of the five categories of fuel: biomass, other solid fuels, liquid fuels, natural gas, other gases.
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on a plant by plant basis for plants above 300 MWth and for refineries; on an overall basis for other combustion plants to which this Directive applies.
Directive | Time-limits for transposition | Time-limits for application |
---|---|---|
88/609/EEC ( |
30 June 1990 | |
94/66/EC ( |
24 June 1995 |
This Directive | Directive 88/609/EEC |
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Article 1 | Article 1 |
Article 2 | Article 2 |
Article 3 | Article 3 |
Article 4(1) | Article 4(1) |
Article 4(2), (3) and (4) | |
Article 4(5) | Article 4(3) |
Article 4(6), (7) and (8) | |
Article 5 | Article 5 |
Article 6 | |
Article 6 | |
Article 7 | Article 8 |
Article 8 | Article 9 |
Article 9 | Article 10 |
Article 10 | Article 11 |
Article 11 | Article 12 |
Article 12 | Article 13(1) |
Article 13 | Article 14 |
Article 14 | Article 15 |
Article 15(1), (2) and (3) | Article 16(1), (2) and (4) |
Article 16 | |
Article 17 | |
Article 18(1), first subparagraph, and (3) | Article 17(1) and (2) |
Article 18(1), second subparagraph, and (2) and Article 19 | |
Article 20 | Article 18 |
Annexes I to VIII | Annexes I to IX |
Annex IX and X | — |