Directive 2010/75/EU of the European Parliament and of the CouncilShow full title

CHAPTER VII COMMITTEE, TRANSITIONAL AND FINAL PROVISIONS

Article 71 Competent authorities

Member States shall designate the competent authorities responsible for carrying out the obligations arising from this Directive.

Article 72 Reporting by Member States

1. Member States shall ensure that information is made available to the Commission on the implementation of this Directive, on representative data on emissions and other forms of pollution, on emission limit values, on the application of best available techniques in accordance with Articles 14 and 15, in particular on the granting of exemptions in accordance with Article 15(4), and on progress made concerning the development and application of emerging techniques in accordance with Article 27. Member States shall make the information available in an electronic format.

2. The type, format and frequency of information to be made available pursuant to paragraph 1 shall be established in accordance with the regulatory procedure referred to in Article 75(2). This shall include the determination of the specific activities and pollutants for which data referred to in paragraph 1 shall be made available.

3. For all combustion plants covered by Chapter III of this Directive, Member States shall, from 1 January 2016, establish an annual inventory of the sulphur dioxide, nitrogen oxides and dust emissions and energy input.

Taking into account the aggregation rules set out in Article 29, the competent authority shall obtain the following data for each combustion plant:

(a) the total rated thermal input (MW) of the combustion plant;

(b) the type of combustion plant: boiler, gas turbine, gas engine, diesel engine, other (specifying the type);

(c) the date of the start of operation of the combustion plant;

(d) the total annual emissions (tonnes per year) of sulphur dioxide, nitrogen oxides and dust (as total suspended particles);

(e) the number of operating hours of the combustion plant;

(f) the total annual amount of energy input, related to the net calorific value (TJ per year), broken down in terms of the following categories of fuel: coal, lignite, biomass, peat, other solid fuels (specifying the type), liquid fuels, natural gas, other gases (specifying the type).

The annual plant-by-plant data contained in these inventories shall be made available to the Commission upon request.

A summary of the inventories shall be made available to the Commission every 3 years within 12 months from the end of the three-year period considered. This summary shall show separately the data for combustion plants within refineries.

The Commission shall make available to the Member States and to the public a summary of the comparison and evaluation of those inventories in accordance with Directive 2003/4/EC within 24 months from the end of the three-year period considered.

4. Member States shall, from 1 January 2016, report the following data annually to the Commission:

(a) for combustion plants to which Article 31 applies, the sulphur content of the indigenous solid fuel used and the rate of desulphurisation achieved, averaged over each month. For the first year where Article 31 is applied, the technical justification of the non-feasibility of complying with the emission limit values referred to in Article 30(2) and (3) shall also be reported; and

(b) for combustion plants which do not operate more than 1 500 operating hours per year as a rolling average over a period of 5 years, the number of operating hours per year.

Article 73 Review

1. By 7 January 2016, and every 3 years thereafter, the Commission shall submit to the European Parliament and to the Council a report reviewing the implementation of this Directive on the basis of the information referred to in Article 72.

That report shall include an assessment of the need for Union action through the establishment or updating of Union-wide minimum requirements for emission limit values and for rules on monitoring and compliance for activities within the scope of the BAT conclusions adopted during the previous three-year period, on the basis of the following criteria:

(a) the impact of the activities concerned on the environment as a whole; and

(b) the state of implementation of best available techniques for the activities concerned.

That assessment shall consider the opinion of the forum referred to in Article 13(4).

Chapter III and Annex V of this Directive shall be considered to represent the Union-wide minimum requirements in the case of large combustion plants.

The report shall be accompanied by a legislative proposal where appropriate. Where the assessment referred to in the second subparagraph identifies such a need, the legislative proposal shall include provisions establishing or updating Union-wide minimum requirements for emission limit values and for rules on monitoring and compliance assessment for the activities concerned.

2. The Commission shall, by 31 December 2012, review the need to control emissions from:

(a) the combustion of fuels in installations with a total rated thermal input below 50 MW;

(b) the intensive rearing of cattle; and

(c) the spreading of manure.

The Commission shall report the results of that review to the European Parliament and to the Council accompanied by a legislative proposal where appropriate.

3. The Commission shall report to the European Parliament and the Council, by 31 December 2011, on the establishment in Annex I of:

(a) differentiated capacity thresholds for the rearing of different poultry species, including the specific case of quail;

(b) capacity thresholds for the simultaneous rearing of different types of animals within the same installation.

The Commission shall report the results of that review to the European Parliament and to the Council accompanied by a legislative proposal where appropriate.

Article 74 Amendments of Annexes

In order to allow the provisions of this Directive to be adapted to scientific and technical progress on the basis of best available techniques, the Commission shall adopt delegated acts in accordance with Article 76 and subject to the conditions laid down in Articles 77 and 78 as regards the adaptation of Parts 3 and 4 of Annex V, Parts 2, 6, 7 and 8 of Annex VI and Parts 5, 6, 7 and 8 of Annex VII to such scientific and technical progress.

Article 75 Committee procedure

1. The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at 3 months.

Article 76 Exercise of the delegation

1. The power to adopt the delegated acts referred to in Article 48(5) and Article 74 shall be conferred on the Commission for a period of 5 years from 6 January 2011. The Commission shall draw up a report in respect of the delegated power at the latest 6 months before the end of the five-year period. The delegation of power shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 77.

2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

3. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 77 and 78.

Article 77 Revocation of the delegation

1. The delegation of power referred to in Article 48(5) and Article 74 may be revoked at any time by the European Parliament or by the Council.

2. The institution which has commenced an internal procedure for deciding whether to revoke a delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated power which could be subject to revocation and possible reasons for a revocation.

3. The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect immediately or on a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.

Article 78 Objections to delegated acts

1. The European Parliament or the Council may object to a delegated act within a period of 2 months from the date of notification.

At the initiative of the European Parliament or the Council that period shall be extended by 2 months.

2. If, on expiry of the period referred to in paragraph 1, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

3. If either the European Parliament or the Council objects to the delegated act within the period referred to in paragraph 1, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.

Article 79 Penalties

Member States shall determine penalties applicable to infringements of the national provisions adopted pursuant to this Directive. The penalties thus provided for shall be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by 7 January 2013 and shall notify it without delay of any subsequent amendment affecting them.

Article 80 Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 2, points (8), (11) to (15), (18) to (23), (26) to (30), (34) to (38) and (41) of Article 3, Article 4(2) and (3), Article 7, Articles 8 and 10, Article 11(e) and (h), Article 12(1)(e) and (h), Article 13(7), point (ii) of Article 14(1)(c), points (d), (e), (f) and (h) of Article 14(1), Article 14(2) to (7), Article 15(2) to (5), Articles 16, 17 and 19, Article 21(2) to (5), Articles 22, 23, 24, 27, 28 and 29, Article 30(1), (2), (3), (4), (7) and (8), Articles 31, 32, 33, 34, 35, 36, 38 and 39, Article 40(2) and (3), Articles 42 and 43, Article 45(1), Article 58, Article 59(5), Article 63, Article 65(3), Articles 69, 70, 71, 72 and 79, and with the first subparagraph and points 1.1, 1.4, 2.5(b), 3.1, 4, 5, 6.1(c), 6.4(b), 6.10 and 6.11 of Annex I, Annex II, point 12 of Annex III, Annex V, point (b) of Part 1, points 2.2, 2.4, 3.1 and 3.2 of Part 4, points 2.5 and 2.6 of Part 6 and point 1.1(d) of Part 8 of Annex VI, point 2 of Part 4, point 1 of Part 5, point 3 of Part 7 of Annex VII, points 1 and 2(c) of Part 1, points 2 and 3 of Part 2 and Part 3 of Annex VIII by 7 January 2013.

They shall apply those measures from that same date.

When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 81 Repeal

1. Directives 78/176/EEC, 82/883/EEC, 92/112/EEC, 1999/13/EC, 2000/76/EC and 2008/1/EC, as amended by the acts listed in Annex IX, Part A are repealed with effect from 7 January 2014, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex IX, Part B.

2. Directive 2001/80/EC as amended by the acts listed in Annex IX, Part A is repealed with effect from 1 January 2016, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex IX, Part B.

3. References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex X.

Article 82 Transitional provisions

1. In relation to installations carrying out activities referred to in Annex I, point 1.1 for activities with a total rated thermal input exceeding 50 MW, points 1.2 and 1.3, point 1.4(a), points 2.1 to 2.6, points 3.1 to 3.5, points 4.1 to 4.6 for activities concerning production by chemical processing, points 5.1 and 5.2 for activities covered by Directive 2008/1/EC, point 5.3 (a)(i) and (ii), point 5.4, point 6.1(a) and (b), points 6.2 and 6.3, point 6.4(a), point 6.4(b) for activities covered by Directive 2008/1/EC, point 6.4(c) and points 6.5 to 6.9 which are in operation and hold a permit before 7 January 2013 or the operators of which have submitted a complete application for a permit before that date, provided that those installations are put into operation no later than 7 January 2014, Member States shall apply the laws, regulations and administrative provisions adopted in accordance with Article 80(1) from 7 January 2014 with the exception of Chapter III and Annex V.

2. In relation to installations carrying out activities referred to in Annex I, point 1.1 for activities with a total rated thermal input of 50 MW, point 1.4(b), points 4.1 to 4.6 for activities concerning production by biological processing, points 5.1 and 5.2 for activities not covered by Directive 2008/1/EC, point 5.3(a)(iii) to (v), point 5.3(b), points 5.5 and 5.6, point 6.1(c), point 6.4(b) for activities not covered by Directive 2008/1/EC and points 6.10 and 6.11 which are in operation before 7 January 2013, Member States shall apply the laws, regulations and administrative provisions adopted in accordance with this Directive from 7 July 2015 with the exception of Chapters III and IV and Annexes V and VI.

3. In relation to combustion plants referred to in Article 30(2), Member States shall, from 1 January 2016, apply the laws, regulations and administrative provisions adopted in accordance with Article 80(1) to comply with Chapter III and Annex V.

4. In relation to combustion plants referred to in Article 30(3), Member States shall no longer apply Directive 2001/80/EC from 7 January 2013.

5. In relation to combustion plants which co-incinerate waste, point 3.1 of Part 4 of Annex VI shall apply until:

(a) 31 December 2015, for combustion plants referred to in Article 30(2);

(b) 7 January 2013, for combustion plants referred to in Article 30(3).

6. Point 3.2 of Part 4 of Annex VI shall apply in relation to combustion plants which co-incinerate waste, as from:

(a) 1 January 2016, for combustion plants referred to in Article 30(2)

(b) 7 January 2013, for combustion plants referred to in Article 30(3).

7. Article 58 shall apply from 1 June 2015. Until that date, substances or mixtures which, because of their content of volatile organic compounds classified as carcinogens, mutagens, or toxic to reproduction under Regulation (EC) No 1272/2008, are assigned or need to carry the hazard statements H340, H350, H350i, H360D or H360F or the risk phrases R45, R46, R49, R60 or R61, shall be replaced, as far as possible, by less harmful substances or mixtures within the shortest possible time.

8. Article 59(5) shall apply from 1 June 2015. Until that date, the emissions of either volatile organic compounds which are assigned or need to carry the hazard statements H340, H350, H350i, H360D or H360F or the risk phrases R45, R46, R49, R60 or R61 or halogenated volatile organic compounds which are assigned or need to carry the hazard statements H341 or H351 or the risk phrases R40 or R68, shall be controlled under contained conditions, as far as technically and economically feasible, to safeguard public health and the environment and shall not exceed the relevant emission limit values set out in Part 4 of Annex VII.

9. Point 2 of Part 4 of Annex VII shall apply from 1 June 2015. Until that date, for emissions of halogenated volatile organic compounds which are assigned or need to carry the hazard statements H341 or H351 or the risk phrases R40 or R68, where the mass flow of the sum of the compounds causing the hazard statements H341 or H351 or the labelling R40 or R68 is greater than, or equal to, 100 g/h, an emission limit value of 20 mg/Nm³ shall be complied with. The emission limit value refers to the mass sum of the individual compounds.

Article 83 Entry into force

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 84 Addressees

This Directive is addressed to the Member States.