Commission Regulation (EU) 2017/1262 of 12 July 2017 amending Regulation (EU) No 142/2011 as regards the use of manure of farmed animals as a fuel in combustion plants (Text with EEA relevance. )

• CELEX: Regulation (EU) 2017/1262
• Articles: 4

Article 1

In Regulation (EU) No 142/2011, in Article 6, paragraph 8 is replaced by the following:

‘8.   For the use of manure of farmed animals as a fuel for combustion as set out in Chapter V of Annex III, the following rules shall apply in addition to those referred to in paragraph 7 of this Article:

(a)

the application for approval that is submitted by the operator to the competent authority in accordance with Article 24(1)(d) of Regulation (EC) No 1069/2009 must contain evidence certified by the competent authority or by a professional organisation authorised by the competent authorities of the Member State, that the combustion plant in which the manure of farmed animals is used as a fuel fully meets the requirements laid down in points B(3), B(4) and B(5) of Chapter V of Annex III to this Regulation, without prejudice to the possibility for the competent authorities of the Member State to grant a derogation from compliance with certain provisions in accordance with point C(4) of Chapter V of Annex III;

(b)

the procedure for approval provided for in Article 44 of Regulation (EC) No 1069/2009 shall not be completed until at least two consecutive checks, one of them unannounced, have been carried out by the competent authority or by a professional organisation authorised by that authority, during the first six months of the operating of the combustion plant, including the necessary temperature and emission measurements. After the results of those checks showed compliance with the requirements set out in points B(3), B(4) and B(5) and, where applicable, with point C(4) of Chapter V of Annex III to this Regulation, full approval can be granted.’

Article 2

Annexes III and XVI to Regulation (EU) No 142/2011 are amended in accordance with the text in the Annex to this Regulation.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

Schedules & Appendices

ANNEX

ANNEX

Annexes III and XVI to Regulation (EU) No 142/2011 are amended as follows:

(1)

In Annex III, Chapter V, the following point C is added:

‘C.    Combustion plants in which manure of farmed animals other than poultry manure set out in point B is used as a fuel for combustion

1.   Type of plant:

Combustion plants with a total rated thermal input not exceeding 50 MW.

2.   Starting material:

Exclusively manure of farmed animals other than poultry manure set out in point B, to be used as a fuel for combustion in accordance with the requirements set out in point 3.

The combustion of other animal by-products or derived products shall not be allowed for use as a fuel in combustion plants referred to in point 1. Manure of farmed animals other than poultry manure set out in point B generated outside the holding should not come in contact with farmed animals.

3.   Methodology:

Combustion plants in which manure of farmed animals other than poultry manure set out in point B is used as a fuel shall comply with requirements set out in points B(3), B(4) and B(5).

4.   Derogation and transitional period:

The Member State competent authority responsible for environmental issues may:

(a)

by way of derogation from point B(3)(b)(ii), grant combustion plants operating on 2 August 2017 an additional time period of maximum 6 years to comply with the first paragraph of point 2 of Section 2 of Chapter IV of Annex III to this Regulation;

(b)

by way of derogation from point B(4), authorise emissions of particulate matter not exceeding 50 mg/m 3 , provided the total rated thermal input of the combustion plants does not exceed 5 MW;

(c)

by way of derogation from point B(3)(b)(i), authorise manual placement of horse manure as fuel in the combustion chamber when a total rated thermal input not exceeding 0,5 MW.’

(2)

In Annex XVI, Section 12 of Chapter III is replaced by the following:

‘Section 12

Official controls regarding plants approved for the combustion of animal by-products

The competent authority shall carry out documentary checks in accordance with the procedures referred to in Article 6(7) and (8) in approved plants referred to in Chapter V of Annex III.’