Article 1
1
The transitional national plan which the Kingdom of Spain notified to the Commission pursuant to Article 32(5) of Directive 2010/75/EU on 14 December 2012, which includes the large combustion plants listed in Annex I to this decision, is not in accordance with the requirements laid down in Article 32(1), (3) and (4) of Directive 2010/75/EU and in Implementing Decision 2012/115/EU, and shall, therefore, not be accepted.
2
If the Kingdom of Spain intends to implement a transitional national plan pursuant to Article 32(5), it shall take all necessary measures to address, in a revised version of the plan, the following elements:
a
for plant 2, to correct the emission limit value applied for calculating its contribution to the SO2 ceiling for 2016; the plant is not eligible for using the emission limit value of 800 mg/Nm3 for SO2 for calculating its contribution to the 2016 TNP ceiling on the basis of Article 5(2) of Directive 2001/80/EC, as that emission limit value is not referred to in the second subparagraph of Article 32(3) of Directive 2010/75/EU;
b
for plant 5, to correct the method applied for calculating its contribution to the 2016 TNP ceiling for SO2; that contribution shall be calculated for the entire period 2001-2010 either on the basis of the minimum desulphurisation rate, or on the basis of the emission limit values;
c
for plants 13, 15, 17, 18, 24 and 25: to correct the emission limit values applied for calculating their contribution to the NOx ceiling for 2016; in order for the plants to be eligible for using the emission limit value of 1 200 mg/Nm3, the Kingdom of Spain shall demonstrate that the average annual volatile content of the solid fuel used in the plants was below 10 % in the reference years considered for the TNP;
d
to correctly update the total emission ceilings for all years calculated in accordance with the corrected values mentioned in the previous points;
e
to clarify all issues and complement the data as mentioned in Annex II to this decision.