The issue of large combustion plants proved to be the most divisive. The Commission originally proposed to tighten emissions limit values by forcing plants to adopt Best Available Techniques (BATs) by 2016. BAT technologies are deemed to be the top of the range on the market in terms of effectiveness in reducing emissions.

Environment ministers agreed to a Czech proposal to apply current BATs to new combustion plants earlier than envisaged by the Commission, within two years after the entry into force of the directive. For existing plants, the deadline was set to 2016, with a transition period.

The presidency had suggested giving national authorities until the end 2019 to define "transitional national plans" for reducing emissions of NOx, SO2 and dust, with a gradual decline in annual national ceilings.

But at the insistence of a group of member states led by the UK, Poland, Italy, Slovakia, Slovenia and Romania, ministers decided to extend this flexibility by another year - until 2020 – in order to give member states more flexibility.

The Council also set a 96% rate of desulphurisation of fossil fuels for LCPs that cannot meet the agreed SO2 limits.

Derogations to set limits

One of the Commission's main concerns in the revision of the legislation was to grant a greater role to the Best Available Techniques Reference Documents (BREFS) in the permitting process at EU level. The EU executive was hoping to leave member states with only limited scope to deviate from the BATs when handing out permits to their industries.

The Commission found allies in Germany, France, Denmark and Austria in demanding stricter rules for deviating from BATs. But after the Netherlands switched sides, a bloc headed by the UK and Italy and including many new member states won assurances that there would be more flexibility in the new system.

The compromise would consequently allow member states grant operators permission to exceed the set emission limits in specific cases where the technical characteristics of the installation, geographical location and local environmental conditions.