21The infringement alleged by the Commission against the Kingdom of Spain concerns, in both the letter of formal notice and the reasoned opinion as well as in the application, the failure of the three incineration furnaces at Mazo and Barlovento to comply with Article 2 of Directive 89/369. In rewording the complaint relating to Article 2 of Directive 89/369 in the application, the Commission merely intended to take account of additional evidence produced after notification of the reasoned opinion.
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