A new European Commission decision on reducing air pollution from large combustion plants on the basis of best available techniques (BAT) has received the support of Member States, the Commission’s Environment services announced on Thursday 6 January.
Large combustion plants are responsible for one third of all polluting emissions in the EU.
This decision, adopted on 30 December last year, was required to replace an implementing regulation of July 2017, which was annulled by the EU General Court in January 2021 on procedural grounds: Poland challenged the previous decision on the grounds that it should have been adopted by qualified majority and won the case (Case T-699/17) (see EUROPE 12645/27).
In order for operating permits for large combustion plants to comply with EU legislation, the new Commission implementing decision, like the previous one, requires plants with a thermal input of at least 50 megawatts, regardless of the type of fuel used (coal-fired power plants, district heating plants), and the use of the BAT to comply with the emission limit values imposed by EU legislation for nitrogen oxides (NOx), sulphur dioxide (SO2), fine particulate matter, and mercury (see EUROPE 11840/6).
“By supporting the Commission’s implementing decision, Member States have reaffirmed their strong support for reducing emissions from large combustion plants”, commented EU Environment Commissioner Virginijus Sinkevičius. In a statement, it said the decision “will help Member States meet their national emission targets under EU air quality legislation”.
Although annulled, the 2017 implementing decision establishing the BAT conclusions was not suspended in its effects, but the Commission was obliged to present another one within one year of the General Court’s judgement. This has been done. (Original version in French by Aminata Niang)