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Version status: Applicable | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2021 - onwards
Version 3 of 3

Article 41 Tier requirements

1. For each major emission source, the operator shall apply the following:

(a) in the case of a category A installation, at least the tiers listed in section 2 of Annex VIII;

(b) in other cases, the highest tier listed in section 1 of Annex VIII.

However, the operator may apply a tier one level lower than required in accordance with the first subparagraph for category C installations and up to two levels lower for category A and B installations, with a minimum of tier 1, where it shows to the satisfaction of the competent authority that the tier required in accordance with the first subparagraph is technically not feasible or incurs unreasonable costs.

2. For emissions from minor emission sources, the operator may apply a lower tier than required in accordance with the first subparagraph of paragraph 1, with a minimum of tier 1, where it shows to the satisfaction of the competent authority that the tier required in accordance with the first subparagraph of paragraph 1 is technically not feasible or incurs unreasonable costs.