24.12.2013 Official Journal of the European Union L 352/53 COMMISSION DECISION of 17 December 2013 on the notification by the Kingdom of Spain of a transitional national plan referred to in Article 32 of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (notified under document C(2013) 9089) (Only the Spanish text is authentic) (2013/799/EV) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (1), and in particular Article 32(5) second subparagraph thereof, Whereas: (1) In accordance with Article 32(5) first subparagraph of Directive 2010/75/EU, the Kingdom of Spain submitted to the Commission a transitional national plan (TNP) by e-mail on 21 December 2012 (3 and by official letter dated 28 December 2012, which was received by the Commission on 2 January 2013 (3). (2 The TNP has been assessed in accordance with Article 32(1), (3) and (4) of Directive 2010/75/EU and with Commission Implementing Decision 2012/115/EU (4). (3)  During its assessment of the completeness of the TNP submitted by the Kingdom of Spain, the Commission found that many plants included in the TNP did not () OJ L 334, 17.12.2010, p. 17. () Ares(2012)1551138. (%) Ares(2013)146. () Commission Implementing Decision 2012/115/EU of 10 February 2012 laying down rules concerning the transitional national plans referred to in Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (O] L 52, 24.2.2012, p. 12). match with the plants reported in the 2009 emission inventory submitted by the Kingdom of Spain in accordance with Directive 2001/80/EC of the European Parliament and of the Council (°). The Commission also found that for plant 5 the contribution to the TNP ceiling for SO, for the period 2001-2007 was calculated on the basis of the minimum desulphurisation rate, and for the period 2008-2010 that contribution was determined by the emission limit value method, while the conditions to use this approach were not fulfilled. (4)  As the discrepancies between the data in the TNP and in the emission inventory under Directive 2001/80/EC hampered the assessment of the TNP, the Commission, in its letter of 11 June 2013 (°), requested the Kingdom of Spain to provide clarification for the differences found. The Commission also requested the Kingdom of Spain to recalculate the contribution of plant 5 to the TNP ceiling for SO,. (5)  The Kingdom of Spain submitted additional information to the Commission by letter of 28 June 2013 (’), which provided clarification on the differences between the information in the TNP and the 2009 emission inventory under Directive 2001/80/EC. The Kingdom of Spain also stated in that letter that there was no need to revise the contribution of plant 5 to the TNP ceiling for $0,. (6)  After further assessment of the TNP and the additional information submitted by the Kingdom of Spain, the Commission sent a second letter to the Kingdom of Spain on 19 September 2013 (), in which it confirmed its position as regards the use of the minimum desul- phurisation rate method for calculating the contribution of plant 5 to the TNP ceilings for SO,. The Commission () Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants (O] L 309, 27.11. 2001, p. 1). (6) Ares(2013)1984918. (') Ares(2013)2535734. (8) Ares(2013)3085135.