Article 2Scope

1.

This Directive shall apply to combustion plants with a rated thermal input equal to or greater than 1 MW and less than 50 MW (‘medium combustion plants’), irrespective of the type of fuel they use.

2.

This Directive shall also apply to a combination formed by new medium combustion plants pursuant to Article 4, including a combination where the total rated thermal input is equal to or greater than 50 MW, unless the combination forms a combustion plant covered by Chapter III of Directive 2010/75/EU.

3.

This Directive shall not apply to:

(a)

combustion plants covered by Chapter III or Chapter IV of Directive 2010/75/EU;

(b)

combustion plants covered by Directive 97/68/EC of the European Parliament and of the Council12;

(c)

on-farm combustion plants with a total rated thermal input less than or equal to 5 MW, that exclusively use unprocessed poultry manure, as referred to in Article 9(a) of Regulation (EC) No 1069/2009 of the European Parliament and of the Council13, as a fuel;

(d)

combustion plants in which the gaseous products of combustion are used for the direct heating, drying or any other treatment of objects or materials;

(e)

combustion plants in which the gaseous products of combustion are used for direct gas-fired heating used to heat indoor spaces for the purpose of improving workplace conditions;

(f)

post-combustion plants designed to purify the waste gases from industrial processes by combustion, and which are not operated as independent combustion plants;

(g)

any technical apparatus used in the propulsion of a vehicle, ship or aircraft;

(h)

gas turbines and gas and diesel engines, when used on offshore platforms;

(i)

facilities for the regeneration of catalytic cracking catalysts;

(j)

facilities for the conversion of hydrogen sulphide into sulphur;

(k)

reactors used in the chemical industry;

(l)

coke battery furnaces;

(m)

cowpers;

(n)

crematoria;

(o)

combustion plants firing refinery fuels alone or with other fuels for the production of energy within mineral oil and gas refineries;

(p)

recovery boilers within installations for the production of pulp.

4.

This Directive shall not apply to research activities, development activities or testing activities relating to medium combustion plants. Member States may establish specific conditions for the application of this paragraph.