15 Nov 2021

Large Combustion Plants BAT-C Given a Pass by Member States

The LCP BAT Conclusions (LCP BAT-C) were adopted on 31 July 2017, starting a 4-year period for operators to comply with the new requirements, until 17 August 2021. On 27 January 2021, the General Court of the European Union annulled the Large Combustion Plants best available techniques Conclusions (LCP BAT-C)

The LCP BAT Conclusions (LCP BAT-C) were adopted on 31 July 2017, starting a 4-year period for operators to comply with the new requirements, until 17 August 2021. On 27 January 2021, the General Court of the European Union annulled the Large Combustion Plants best available techniques Conclusions (LCP BAT-C), setting emissions limit values for pollutants from installations of 50 MW or above, under the Industrial Emissions Directive. The judgement in annulation is based on a procedural fault regarding the voting procedure. 

To maintain legal certainty for operators, the Court ruled to maintain the effect of the LCP BAT-C for a year, until the European Commission adopts a new act. In the meantime, the LCP BAT-C implementing Decision entered into effect on 17 August 2021. 
On October 25, the Commission re-submitted the very same LCP BAT-C implementing Decision to the Member States committee (Article 75 Committee) for opinion. Following the correct voting procedure, the Decision was given a positive opinion by Member States, with 22 Member States in favour, four against and one abstention from voting.

The Commission mentioned its determination to not further delay the application of the BAT-C and for the implementation to continue. It will adopt and published the Implementing Decision in the EU Official Journal in the coming weeks.
•    General Court Judgement
•    LCP BAT Conclusions 
•    Note for written consultation and Formal results of voting by Member States
For more information contact Pauline Lucas.

 

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