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Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of S


Published: 2003-04-16

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12003TN09/10/D

Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded - Annex IX: List referred to in Article 24 of the Act of Accession: Lithuania - 10. Environment - D. Industrial pollution control and risk management

Official Journal L 236 , 23/09/2003 P. 0843 - 0843


D. INDUSTRIAL POLLUTION CONTROL AND RISK MANAGEMENT

32001 L 0080: 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 plants (OJ L 309, 27.11.2001, p. 1).

By way of derogation from Article 4(3) and part A of Annex IV and VI of Directive 2001/80/EC, the emission limit values for sulphur dioxide and for nitrogen oxides shall not apply in Lithuania until 31 December 2015 for the combustion plants Vilnius Combined Heat and Power Plant CHP-3, Kaunas Combined Heat and Power Plant and Mažeikiai Combined Heat and Power Plant.

During this transitional period, total sulphur dioxide and nitrogen oxide emissions relating to electricity generation from the Lithuanian Thermal Power Plant, the Vilnius Combined Heat and Power Plant CHP-3, the Kaunas Combined Heat and Power Plant and the Mažeikiai Combined Heat and Power Plant (excluding heat generation and other sources) shall not exceed the following ceilings:

- 2005: 28300 tonnes SO2/ year; 4600 tonnes NOx/ year

- 2008: 21500 tonnes SO2/ year; 5000 tonnes NOx/ year

- 2010: 30500 tonnes SO2/ year; 10500 tonnes NOx/ year

- 2012: 29000 tonnes SO2/ year; 10800 tonnes NOx/ year

By 1 January 2007, and again by 1 January 2012, Lithuania shall present to the Commission an updated plan, including an investment plan, for the gradual alignment of remaining non-compliant plants with clearly defined stages for the application of the acquis. The EU considers that the expected overall economic development in Lithuania, the resulting possibilities to finance further investments earlier than currently scheduled, and the foreseen changes in the energy sector should allow further emission reductions per unit of electricity produced. The EU therefore expects that these plans should ensure a further reduction of the emissions to a level significantly below the above intermediate targets, in particular for emissions in the period 2012 to 2015.

If the Commission, having regard in particular to the environmental effects and to the need to reduce distortions of competition in the internal market due to the transitional arrangement, considers that these plans are not sufficient to meet these objectives, it shall inform Lithuania. Within the following three months, Lithuania shall communicate the measures it has taken in order to meet these objectives. If subsequently the Commission, in consultation with the Member States, considers that these measures are not sufficient to meet these objectives, it shall commence infringement proceedings under Article 226 of the EC Treaty.

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