LIMITATION OF EMISSIONS FROM LARGE COMBUSTION
PLANTS
(19368)
10916/98
COM(98) 415
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Draft Directive amending Directive 88/609/EEC on the limitation of emissions of certain pollutants into the air from large combustion plants.
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| Legal base: |
Article 175 EC; co-decision; qualified majority voting
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| Department: |
Environment, Transport and the Regions
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| Basis of consideration:
| Second SEM of 26 November 1999
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| Previous Committee Report:
| HC 155-xxxix (1997-98), paragraph 3 (4 November 1998) HC 34-xxvi (1998-99), paragraph 2 (14 July 1999)
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| To be discussed in Council:
| 13-14 December 1999 |
| Committee's assessment:
| Politically important |
| Committee's decision:
| Cleared |
Background
8.1 Existing Community legislation sets
limits on emissions into the air of sulphur dioxide and nitrogen
oxides from large combustion plants. New plants are subject to
specific limits, whilst emissions from older plants within a Member
State fall within a reducing national "bubble". As we
noted in our earlier Reports, the Commission put forward in July
1998 a proposal to set stricter emission limits for individual
new plant, whilst leaving the national "bubbles" for
older plants unchanged.
8.2 We also went on to note that the Government
had expressed a number of reservations about the proposal. Most
of these were addressed in the Supplementary Explanatory Memorandum
of 30 April 1999 from the then Parliamentary Under-Secretary of
State at the Department of the Environment, Transport and the
Regions (Mr Meale). In particular, the Regulatory Impact Assessment
enclosed with this Memorandum made it clear that, although the
proposal was unlikely to impose any additional costs on the UK,
we could nevertheless expect to receive benefits from the reduced
deposition of sulphur and nitrogen oxides from a number of other
Member States. However, in giving a broad welcome to the proposal,
we noted that one of our earlier concerns — its application
to existing plant — remained unresolved. We therefore said
that we would withhold clearance, pending any further information
on this point which the Minister was able to provide.
Second Supplementary Explanatory Memorandum of
26 November 1999
8.3 In a Second Supplementary Explanatory
Memorandum of 26 November 1999, the Parliamentary Under-Secretary
of State at the Department of the Environment, Transport and the
Regions (Mr Hill) says that, at the Environment Council in October,
the UK supported a Commission proposal to limit the scope of the
amended Directive to new plant (licensed after 1 January 2000),
on the basis that emissions from existing plant would be adequately
controlled under other legislation, notably the Integrated Pollution
Prevention and Control Directive. However, he goes on to say that
opinions in the Council on this issue are divided, with some Member
States preferring mandatory emission limits for existing plant.
As a consequence, the Presidency has suggested a possible compromise,
which falls short of imposing mandatory emission limit values
on existing plant, and relies instead on wording recently agreed
by the United Nations Economic Commission for Europe (UNECE) in
the context of acidification. This would set out limit values
for existing plant, but these would be applied only "in so
far as it is technically and economically feasible and taking
into consideration costs and advantages". The Minister adds
that this should not require the UK to impose any further controls
on existing plant over those currently applied, and that the Government
will not support any proposal which applies mandatory limit values
to such plant.
8.4 The Minister also says that the new
European Parliament has confirmed a number of amendments proposed
by its predecessor in April 1999, of which the most significant
would be to extend the Directive to cover existing plant from
2005. Although the Minister does not say so, we infer that these
amendments have been subsumed in the Council discussions referred
to earlier in his Explanatory Memorandum.
Conclusion
8.5 In the light of the information now
provided by the Government, we are content to clear this proposal,
on which we understand the Finnish Presidency is aiming to reach
agreement at the Environment Council on 13-14 December. We would,
however, be grateful if the Minister could inform us of the eventual
outcome, including the fate of the European Parliament amendment
on existing plant.
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