Atmospheric pollution: large combustion plants, limitation of emissions (amend. direct. 88/609/EEC)

The Council's common position extends the scope of the Commission's proposal by also applying emission limit values (ELVs) or other provisions to those combustion plants licensed before 1 July 1987 ("existing plants"). The common position provides the Member States with two alternatives for the treatment of exsting plants, which must be achieved by 1 January 2008: - compliance with the ELVs and other conditions set out for "old new plants"; or - compliance with antional emission reduction plan, in accordance with guidelines to be issued by the Commission, leading to the same emission level that would have been achieved by applying the abovementioned ELVs to the existing plants in operation in the year 2000. The existing plants may be exempt from these obligations if, before 30 June 2004, an operator declares not to operate the plant for more than 20 000 hours from 1 January 2008. In addition, the common position incorporates amendments relating to: - biomass: the defintion of biomass has been adapted to ensure consistency with the pending Directive relating to incineration of waste; - combined heat and power: this text has been amended to clarify that the responsibility of the Member States is to ensure that the technical and economic feasibility of providing for combined generation of heat and power is examined in the case of new plants licensed after this proposal comes into effect and in the case of other plants subject to an extension of greater than 50 MWth, also after the proposal comes into force; - indigenous fuel provisions: the provisions which allow for exceedances of the emission limit values for plants licensed after 1 July 1987 where the emission limit values cannot be respected due to the nature of indigenous lignite, shall no longer apply to plants licensed after the entry into force of this proposal; - provisions for gas turbines: the higher emission limit value of 75 mg/Nm3 applicable in the case of combined heat power applications where the overall efficiency is greater than 75% will aslo apply in the case of combined applications where the cycle efficiency is greater than 55%.�