Commission Implementing Decision (EU) 2019/1713 of 9 October 2019 establishing the format of information to be made available by the Member States for the purposes of reporting on the implementation of Directive (EU) 2015/2193 of the European Parliament and of the Council (notified under document C(2019) 7133) (Text with EEA relevance) (c. 1713)

Commission Implementing Decision (EU) 2019/1713

of 9 October 2019

establishing the format of information to be made available by the Member States for the purposes of reporting on the implementation of Directive (EU) 2015/2193 of the European Parliament and of the Council

(notified under document C(2019) 7133)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into air from medium combustion plants(1), and in particular Article 11(2) thereof,

Whereas:

(1) Article 11(2) of Directive (EU) 2015/2193 requires Member States to provide to the Commission by 1 January 2021 a report estimating annual emissions of carbon monoxide (CO) from medium combustion plants.

(2) In accordance with Article 11(3) (first subparagraph) of Directive (EU) 2015/2193, the Commission should make an electronic reporting tool available to the Member States for reporting purpose.

(3) In accordance with Article 11(3) (second subparagraph) of Directive (EU) 2015/2193 the reporting technical formats should be specified by the Commission in order to simplify and streamline reporting obligations for the Member States.

(4) The measures provided for in this Decision are in accordance with the opinion of the committee established by Article 75(1) of Directive 2010/75/EU of the European Parliament and of the Council(2) as referred to in Article 15 of Directive (EU) 2015/2193,

HAS ADOPTED THIS DECISION:

Article 1 U.K.

For the purpose of reporting to the [F1 appropriate authority] an estimate of the total annual emissions of carbon monoxide (CO) [F2 from medium combustion plants coming within Directive (EU) 2015/2193, the competent authorities must] use the questionnaire set out in the Annex to this Decision.

[F3 Where a competent authority holds information covered by this Decision, that authority must provide such information to the relevant appropriate authority so that the appropriate authority can meet its obligations to prepare a report in accordance with Article 3.]

Textual Amendments

F1 Words in Art. 1 substituted (31.12.2020) by S.I. 2018/1407, reg. 24C(2)(a)(i) (as inserted by The Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1313), regs. 1(3), 5(3))

F2 Words in Art. 1 substituted (31.12.2020) by S.I. 2018/1407, reg. 24C(2)(a)(ii) (as inserted by The Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1313), regs. 1(3), 5(3))

F3 Words in Art. 1 substituted (31.12.2020) by S.I. 2018/1407, reg. 24C(2)(b) (as inserted by The Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1313), regs. 1(3), 5(3))

Article 2 U.K.

F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The information set out in the Annex to this Decision shall be submitted by 1 January 2021 at the latest.

Textual Amendments

F4 Words in Art. 2 omitted (31.12.2020) by S.I. 2018/1407, reg. 24C(3) (as inserted by The Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1313), regs. 1(3), 5(3))

[F5 Article 3 U.K.

1. An appropriate authority must publish a summary of the information it receives in accordance with this Decision in such a manner as the appropriate authority considers appropriate, which can include indicating where that information is already publicly available.

2. For the purpose of this Decision a reference to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.

3. In this Decision—

• “appropriate authority” means—

  (a)

  in relation to England, the Secretary of State;

  (b)

  in relation to Wales, the Welsh Ministers;

  (c)

  in relation to Scotland, the Scottish Ministers;

  (d)

  in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

• “competent authority” means the national authority or authorities, or any other competent body or bodies, designated by the appropriate authority.]

Textual Amendments

F5 Art. 3 inserted (31.12.2020) by S.I. 2018/1407, reg. 24C(4)(a) (as inserted by The Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1313), regs. 1(3), 5(3))

F6 ...

Done at Brussels, 9 October 2019.

For the Commission

Karmenu Vella

Member of the Commission

Textual Amendments

F6 Words in Signature omitted (31.12.2020) by S.I. 2018/1407, reg. 24C(4)(b) (as inserted by The Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1313), regs. 1(3), 5(3))

ANNEX U.K.

INFORMATION ON MEDIUM COMBUSTION PLANTS COVERED BY DIRECTIVE (EU) 2015/2193 U.K.

Note. The obligation to supply the information required by January 2021 predates the need for existing Medium Combustion Plants to be permitted or registered. In view of this, when completing the report [F7 competent authorities] will need to rely on data that they have available at that time. In cases where they do not have data available they shall complete the report using their best estimates. For these reasons a distinction is made between new and existing plants and plants above and below 20MWth.

Textual Amendments

F7 Words in Annex substituted (31.12.2020) by S.I. 2018/1407, reg. 24C(5) (as inserted by The Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1313), regs. 1(3), 5(3))

PART 1 U.K. Plant categories

This table provides the plant categories to be used for providing the information required under parts 2 and 3(3).

a For new medium combustion plants, the total rated thermal input may be used.
1.1. New or existing	As defined under Article 3(6) and (7) of Directive (EU) 2015/2193
1.2. Capacity classes (rated thermal input)a	equal to or greater than 1 MWth and less than or equal to 5 MWth greater than 5 MWth and less than or equal to 20 MWth greater than 20 MWth
1.3. Plant types	other than engines and gas turbines engines gas turbines
1.4. Fuel types	solid biomass other solid fuels gas oil liquid fuels other than gas oil natural gas gaseous fuels other than natural gas mixed fuel

PART 2 U.K. Metadata

a Preferably 2019. If not possible, 2018.
2.1. Country	Identification of the country submitting the report
2.2. Competent Authority	Identification of the competent authority responsible for the report (department, address, phone number and email)
2.3. Number of plants	Number of plants for each plant category
2.4. Reporting year	Calendar year to which the reporting refersa

PART 3 U.K. Emissions, energy input and capacity

3.1. CO concentrations	Estimated average concentration of carbon monoxide expressed in mg/Nm3 at the reference oxygen level used to express ELVs of the regulated pollutant and dry air for each plant category
3.2. CO emissions	Estimated emissions of carbon monoxide expressed as the total quantity in tonnes per calendar year discharged by plants for each plant category
3.3. Energy input	Estimated total fuel used by the plants expressed in Tera Joules per year for each plant category
3.4. Total aggregated capacity	Estimated total installed capacity expressed as the sum of the rated thermal input of all the plants for each plant category

(1)

OJ L 313, 28.11.2015, p. 1.

(2)

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).

(3)

Example of category: New boilers greater than 5 MWth and less than or equal to 20 MWth combusting liquid fuels other than gas oil.