L 12344 Official Journal of the European Union 9.5.2012 COMMISSION IMPLEMENTING DECISION of 7 May 2012 concerning the determination of start-up and shut-down periods for the purposes of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (notified under document C(2012) 2948) (Text with EEA relevance) (2012/249/EU) 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) (), and in particular point (a) of the first paragraph of Article 41 thereof, Whereas: (1)  Directive 2010/75/EU does not determine start-up and shut-down periods, while those periods relate to several provisions in that Directive. (2)  For combustion plants covered by Chapter I of Directive 2010/75/EU, the determination of start-up and shut-down periods is required for assessing compliance with the emission limit values set out in Annex V to Directive 2010/75/EU, taking into account Part 4 of that Annex, as well as for determining the number of operating hours of the combustion plants, where it is relevant for the implementation of that Directive. (3)  Article 14(1)(f) of Directive 2010/75/EU requires the permit to include measures relating to conditions other than normal operating conditions, such as start-up and shut-down operations. In accordance with Article 6 of Directive 2010/75/EU, such measures can be included in general binding rules. (4)  The emissions from combustion plants during start-up and shut-down periods are generally at elevated concen- trations compared to normal operating conditions. In view of the objective of Directive 2010/75/EU to prevent emissions, those periods should be as short as possible. (5)  The measures provided for in this Decision are in accordance with the opinion of the Committee estab- lished by Article 75 of Directive 2010/75/EU, HAS ADOPTED THIS DECISION: Article 1 Subject matter and scope This Decision lays down rules concerning the determination of the start-up and shut-down periods referred to in point (27) of Article 3 and in point 1 of Part 4 of Annex V to Directive 2010/75/EU. () O] L 334, 17.12.2010, p. 17. This Decision shall apply to combustion plants covered by Chapter IIT of Directive 2010/75/EU. Article 2 Definitions For the purposes of this Decision the following definitions apply: (1) ‘minimum start-up load for stable generation’ means the minimum load compatible with the steady operation of the generating combustion plant following start-up initiation after which the plant is able to safely and reliably deliver its output to a network, grid, heat accumulator or industrial site; (2) ‘minimum shut-down load for stable generation’ means the minimum load at which point the plant can no longer safely and reliably deliver its output to a network, grid, heat accumulator or industrial site and is considered to be shutting down. Article 3 General rules for determining start-up and shut-down periods For determining the end of the start-up period and the beginning of the shut-down period, the following rules shall apply: (1) the criteria or parameters used to determine start-up and shut-down periods shall be transparent and externally verifiable; (2) the determination of start-up and shut-down periods shall be based on conditions allowing a stable generation process safeguarding health and safety; (3) periods during which a combustion plant, after start-up, is operating stably and safely with fuel supply but without the export of heat or electricity or mechanical energy shall not be included in the start-up or shut-down periods. Article 4 Determination of start-up and shut-down periods in the permit 1. For the purposes of the determination of start-up and shut-down periods in the permit of the installation comprising the combustion plant, the measures referred to in Article 14(1)(f) of Directive 2010/75/EU shall include: