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1 EN ANNEX Proposal for a DECISION No. XXXX/XX/MC-Enc

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1 EN ANNEX Proposal for a DECISION No. XXXX/XX/MC-Enc EN ANNEX Proposal for a DECISION No. XXXX/XX/MC-EnC OF THE MINISTERIAL COUNCIL OF THE ENERGY COMMUNITY of XX XX XXXX authorising exemption of plants from compliance with the emission limit values set by Directive 2001/80/EC of the European Parliament and of the Council THE MINISTERIAL COUNCIL OF THE ENERGY COMMUNITY Having regard to the Treaty establishing the Energy Community, and in particular Articles 24 and 79 thereof, Having regard 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 plants1, and in particular Article 4(4) thereof Having regard to the proposal from the European Commission, Whereas: (1) Article 16 of the Treaty on the 'acquis communautaire on environment' includes Directive 2001/80/EC, which sets emission limit values for dust, sulphur dioxide and nitrogen oxides for the plants covered by it. (2) Article 4(4) of Directive 2001/80/EC provides for a possibility for existing plants to be exempted from compliance with the emission limit values subject to a commitment by the operator not to operate the plant for more than 20 000 operational hours during a period starting from 1 January 2008 and ending no later than 31 December 2015 ('limited life time derogation'). (3) Decision D/2013/05/MC-EnC of the Ministerial Council of the Energy Community of 24 October 2013 adapted the time period within which Contracting Parties can make use of the limited life time derogation under Directive 2001/80/EC. It also made the exemption of plants under Article 4(4) of Directive 2001/80/EC subject to authorisation by the Ministerial Council of the Energy Community. Decision D/2013/05/MC-EnC was amended by Decision D/2015/07/MC-EnC of the Ministerial Council of the Energy Community of 16 October 2015 adding specific provisions regarding certain existing plants in Ukraine. (4) In accordance with Article 4(4) of Directive 2001/80/EC, existing plants may be exempted from the obligation to comply with the emission limit values referred to in Article 4(3) of Directive 2001/80/EC if the operator undertakes, in a written declaration submitted by 31 December 2015 at 1 OJ L 309, 27.11.2001, p.1 1 the latest, not to operate the plant for more than 20 000 operational hours starting from 1 January 2018 and ending no later than 31 December 2023. (5) In accordance with Article 4(4) of Directive 2001/80/EC some existing plants in Ukraine may be allowed, where proven necessary, to operate the plant for not more than 40 000 operational hours starting from 1 January 2018 and ending no later than 31 December 2033, subject to submitting a written declaration by 31 December 2015 at the latest. (6) The operators of plants listed in Annexes I and II to this Decision, have submitted a written declaration referred to in Article 4(4) of Directive 2001/80/EC. Exemption of those plants from compliance with the emission limit values referred to in Article 4(3) of Directive 2001/80/EC should therefore be authorised. (7) Operators of plants located in direct vicinity of the areas of Ukraine that are not controlled by Ukraine have not submitted a written declaration by 31 December 2015. Given the circumstances, exemption of those plants from compliance with the emission limit values referred to in Article 4(3) of Directive 2001/80/EC should be authorised subject to submitting a written declaration by 31 December 2017 at the latest. (8) Operators of plants located in the areas of Ukraine that are not controlled by Ukraine have not submitted a written declaration by 31 December 2015. Given the circumstances, exemption of those plants from compliance with the emission limit values referred to in Article 4(3) of Directive 2001/80/EC should be authorised subject to submitting a written declaration. (9) The Environmental Task Force, at its meeting on XX XX 2016, has analysed the proposal for this Decision in detail and recommended its adoption. (10) The Permanent High Level Group, at its meeting of XX XX 2016, endorsed the proposal for this Decision, HAS ADOPTED THIS DECISION: Article 1 1. The plants listed in Annex I to this Decision may be exempted from compliance with the emission limit values referred to in Article 4(3) of Directive 2001/80/EC subject to the following conditions: (a) they submit each year to the competent authority a record of the used and unused time allowed for the plants' remaining operational life; (b) they are operated not more than 20 000 operating hours in the period starting on 1 January 2018 and ending no later than 31 December 2023. 2. The plants listed in Annex II of this Decision may be exempted from compliance with the emission limit values referred to in Article 4(3) of Directive 2001/80/EC subject to the following conditions: (a) they submit each year to the competent authority a record of the used and unused time allowed for the plants' remaining operational life; 2 (b) they are operated not more than 40 000 operating hours in the period starting on 1 January 2018 and ending no later than 31 December 2033. Article 2 1. By derogation from Article 4(4) of Directive 2001/80/EC, the plants listed in Annex III to this Decision may be exempted from compliance with the emission limit values referred to in Article 4(3) of Directive 2001/80/EC subject to the following conditions: (a) they submit each year to the competent authority a record of the used and unused time allowed for the plants' remaining operational life; (b) they are operated not more than 40 000 operating hours in the period starting on 1 January 2018 and ending no later than 31 December 2033; (c) they undertake in a written declaration submitted by 31 December 2017 to the competent authority to comply with point (b). 2. By derogation from Article 4(4) of Directive 2001/80/EC, the plants listed in Annex IV to this Decision may be exempted from compliance with the emission limit values referred to in Article 4(3) of Directive 2001/80/EC subject to the following conditions: (a) they submit each year to the competent authority a record of the used and unused time allowed for the plants' remaining operational life; (b) they are operated not more than 40 000 operating hours in the period starting on 1 January 2018 and ending no later than 31 December 2033; (c) they undertake in a written declaration submitted to the competent authority to comply with point (b). Article 3 References to Directive 2001/80/EC in this Decision shall be understood as references to Directive 2001/80/EC as adapted by Decision D/2013/05/MC-EnC, amended by Decision D/2015/07/MC-EnC. Article 4 This Decision is addressed to Bosnia and Herzogovina, Montenegro, the Republic of Serbia and Ukraine. It shall apply from … [insert date – date of its adoption]. Done at , XX XX XXXX For the Ministerial Council (President) 3 Annex I First year of Written RTI CP Plant name Location Fuel(s) Operator operation declaration (MWth ) lignite / brown BiH TPP Tuzla-3 Tuzla, Federation of BiH Elektroprivreda BiH 330 1966 OK coal lignite / brown BiH TPP Tuzla-4 Tuzla, Federation of BiH Elektroprivreda BiH 600 1971 OK coal lignite / brown BiH TPP Kakanj-5 Kakanj, Federation of BiH Elektroprivreda BiH 330 1970 OK coal BiH Natron-Hayat UKO-3 Maglaj, Federation of BiH brown coal Natron-Hayat d.o.o. 80 1965 OK Maglaj MN TPP Pljevlja-I Plevlja lignite Elektroprivreda 516 1982 OK Crne Gore SR Termoelektrana Мorava Svilajnac lignite Elektroprivreda 420 1969 OK Srbije SR Termoelektrana Kostolac Kostolac lignite Elektroprivreda 358 1967 OK А1 Srbije SR Termoelektrana Kostolac Kostolac lignite Elektroprivreda 689 1980 OK А2 Srbije SR Termoelektrana Kolubara A Veliki Crljeni lignite Elektroprivreda 147 1956 OK А3 (boiler 1) Srbije SR Termoelektrana Kolubara A Veliki Crljeni lignite Elektroprivreda 441 1961 OK А3 (boilers 3,4,5) Srbije SR TE Kolubara А5 Veliki Crljeni lignite Elektroprivreda 382 1979 OK Srbije SR Energana Novi Sad Novi Sad natural gas NIS 99 1975 OK 4 SR Energana Pančevo Pančevo natural gas NIS 67 1966 OK UA Burshtynska TPP (power Burshtyn, Ivano-Frankivsk coal DTEK Zakhidenergo 1968 OK unit 1) Oblast 569 UA Burshtynska TPP (power Burshtyn, Ivano-Frankivsk coal DTEK Zakhidenergo 1968 OK unit 4) Oblast 569 UA Burshtynska TPP (power Burshtyn, Ivano-Frankivsk coal DTEK Zakhidenergo 1964 OK unit 2) Oblast 569 UA Burshtynska TPP (power Burshtyn, Ivano-Frankivsk coal DTEK Zakhidenergo 1964 OK unit 3) Oblast 569 UA Burshtynska TPP (power Burshtyn, Ivano-Frankivsk coal DTEK Zakhidenergo 1967 OK unit 5) Oblast 569 Dobrotvirska (boilers UA Dobrotvir, Lviv Oblast coal DTEK Zakhidenergo 1,018 1956 OK number 5,6,7,8,9,10) Dniprodzerzhynsk, CJSC UA Dniprodzerzhinska CHP, natural gas 1936 OK Dnipropetrovsk Oblast Dniprodzerzhinsk boiler 3 70 CHP Dniprodzerzhynsk, CJSC UA Dniprodzerzhinska CHP, natural gas 1936 OK Dnipropetrovsk Oblast Dniprodzerzhinsk boiler 4 70 CHP Dniprodzerzhynsk, CJSC UA Dniprodzerzhinska CHP, natural gas 1937 OK Dnipropetrovsk Oblast Dniprodzerzhinsk boiler 5 95 CHP Dniprodzerzhynsk, CJSC UA Dniprodzerzhinska CHP, natural gas 1939 OK Dnipropetrovsk Oblast Dniprodzerzhinsk boiler 6 95 CHP Dniprodzerzhynsk, CJSC UA Dniprodzerzhinska CHP, natural gas 1939 OK Dnipropetrovsk Oblast Dniprodzerzhinsk boiler 7 95 CHP Dniprodzerzhynsk, CJSC UA Dniprodzerzhinska CHP, natural gas 1939 OK Dnipropetrovsk Oblast Dniprodzerzhinsk boiler 8 95 CHP 5 Dniprodzerzhynsk, CJSC UA Dniprodzerzhinska CHP, natural gas 1939 OK Dnipropetrovsk Oblast Dniprodzerzhinsk boiler 9 95 CHP Dniprodzerzhynsk, CJSC UA Dniprodzerzhinska
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