Additionally, according to the Proposal, certain new obligations would be introduced as regards existing electricity generation installations. Article 10(6) stipulates that Member States should ensure that, whenever an existing electricity generation installation with a total rated thermal input exceeding 20 MW is substantially refurbished or when, in accordance with Article 21 of Directive 2010/75/EC, its permit is updated, conversion to allow its operation as a high-efficiency cogeneration installation is set as a condition in the new or updated permit or licence, provided that the installation is sited in a location where the waste heat can be used by heat demand points in accordance with point 1 of Annex VIII.


The meaningful exemption is, however, provided for that the equipment of electricity generation installations with carbon capture or storage facilities shall not be considered as refurbishment for the purpose of these provisions.


In both above instances (Article 10(3) and (6)) the Proposal provides for the possibility for exemptions from newly imposed obligations. The said options are leaved to the discretion of the Member States and should be notified to the European Commission, which finally is empowered to refuse them.


So, the above-described measures are demanding and in the significant way influence on the energy industry business plans. The consequences, if the Proposal materialise, will be far-reaching. They deserve also more detailed analysis.



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