Legal provisions of COM(2013)920 - Reduction of national emissions of certain atmospheric pollutants - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2013)920 - Reduction of national emissions of certain atmospheric pollutants. |
|---|---|
| document | COM(2013)920  |
| date | December 14, 2016 |
Contents
- Article 1 - Objectives and subject matter
- Article 2 - Scope
- Article 3 - Definitions
- Article 4 - National emission reduction commitments
- Article 5 - Flexibilities
- Article 6 - National air pollution control programmes
- Article 7 - Financial support
- Article 8 - National emission inventories and projections, and informative inventory reports
- Article 9 - Monitoring air pollution impacts
- Article 10 - Reporting by Member States
- Article 11 - Reports by the Commission
- Article 12 - European Clean Air Forum
- Article 13 - Review
- Article 14 - Access to information
- Article 15 - Cooperation with third countries and coordination within international organisations
- Article 16 - Exercise of the delegation
- Article 17 - Committee procedure
- Article 18 - Penalties
- Article 19 - Amendment to Directive 2003/35/EC
- Article 20 - Transposition
- Article 21 - Repeal and transitional provisions
- Article 22 - Entry into force
- Article 23 - Addressees
Article 1 - Objectives and subject matter
2. This Directive also contributes to achieving:
| (a) | the air quality objectives set out in Union legislation and progress towards the Union's long-term objective of achieving levels of air quality in line with the air quality guidelines published by the World Health Organisation; |
| (b) | the Union's biodiversity and ecosystem objectives in line with the 7th Environment Action Programme; |
| (c) | enhanced synergies between the Union's air quality policy and other relevant Union policies, in particular climate and energy policies. |
Article 2 - Scope
2. This Directive does not cover emissions in the Canary Islands, the French overseas departments, Madeira, and the Azores.
Article 3 - Definitions
| (1) | ‘emission’ means the release of a substance from a point or diffuse source into the atmosphere; |
| (2) | ‘anthropogenic emissions’ means atmospheric emissions of pollutants associated with human activities; |
| (3) | ‘ozone precursors’ means nitrogen oxides, non-methane volatile organic compounds, methane, and carbon monoxide; |
| (4) | ‘air quality objectives’ means the limit values, target values and exposure concentration obligations for air quality set out in Directive 2008/50/EC and Directive 2004/107/EC of the European Parliament and of the Council (12); |
| (5) | ‘sulphur dioxide’ or ‘SO2’ means all sulphur compounds expressed as sulphur dioxide, including sulphur trioxide (SO3), sulphuric acid (H2SO4), and reduced sulphur compounds such as hydrogen sulphide (H2S), mercaptans and dimethyl sulphides; |
| (6) | ‘nitrogen oxides’ or ‘NOx’ means nitric oxide and nitrogen dioxide, expressed as nitrogen dioxide; |
| (7) | ‘non-methane volatile organic compounds’ or ‘NMVOC’ means all organic compounds other than methane, that are capable of producing photochemical oxidants by reaction with nitrogen oxides in the presence of sunlight; |
| (8) | ‘fine particulate matter’ or ‘PM2,5’ means particles with an aerodynamic diameter equal to or less than 2,5 micrometres (μm); |
| (9) | ‘black carbon’ or ‘BC’ means carbonaceous particulate matter that absorbs light; |
| (10) | ‘national emission reduction commitment’ means the Member States' obligation in the reduction of emissions of a substance; it specifies the emission reduction that as a minimum has to be delivered in the target calendar year, as a percentage of the total of emissions released during the base year (2005); |
| (11) | ‘landing and take-off cycle’ means the cycle that includes taxi in and out, take-off, climb out, approach, landing and all other aircraft activities that take place below the altitude of 3 000 feet; |
| (12) | ‘international maritime traffic’ means journeys at sea and in coastal waters by water-borne vessels of all flags, except fishing vessels, that depart from the territory of one country and arrive in the territory of another country; |
| (13) | ‘pollution control zone’ means a sea area not exceeding 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, established by a Member State for the prevention, reduction and control of pollution from vessels in accordance with applicable international rules and standards; |
| (14) | ‘Union source-based air pollution control legislation’ means Union legislation which aims at reducing the emissions of air pollutants covered by this Directive by undertaking mitigation measures at the source. |
Article 4 - National emission reduction commitments
2. Without prejudice to paragraph 1, Member States shall take the necessary measures aimed at limiting their 2025 anthropogenic emissions of sulphur dioxide, nitrogen oxides, non-methane volatile organic compounds, ammonia and fine particulate matter. The indicative levels of those emissions shall be determined by a linear reduction trajectory established between their emission levels defined by the emission reduction commitments for 2020 and the emission levels defined by the emission reduction commitments for 2030.
Member States may follow a non-linear reduction trajectory if this is economically or technically more efficient, and provided that as from 2025 it converges progressively on the linear reduction trajectory and that it does not affect any emission reduction commitment for 2030. Member States shall set out that non-linear reduction trajectory and the reasons for following it in the national air pollution control programmes to be submitted to the Commission in accordance with Article 10(1).
Where the emissions for 2025 cannot be limited in accordance with the determined reduction trajectory, Member States shall explain the reasons for that deviation as well as the measures that would bring the Member States back on their trajectory in the subsequent informative inventory reports to be provided to the Commission in accordance with Article 10(2).
3. The following emissions are not accounted for the purpose of complying with paragraphs 1 and 2:
| (a) | aircraft emissions beyond the landing and take-off cycle; |
| (b) | emissions from national maritime traffic to and from the territories referred to in Article 2(2); |
| (c) | emissions from international maritime traffic; |
| (d) | emissions of nitrogen oxides and non-methane volatile organic compounds from activities falling under the 2014 Nomenclature for Reporting (NFR) as provided by the LRTAP Convention categories 3B (manure management) and 3D (agricultural soils). |
Article 5 - Flexibilities
For the purpose of determining whether the relevant conditions set out in Part 4 of Annex IV are fulfilled, the emission reduction commitments for the years 2020 to 2029 shall be considered as having been set on 4 May 2012.
As from 2025 the following additional conditions shall apply to adjustments in case of there being significantly different emission factors or methodologies used for determining emissions from specific source categories in comparison with those which were expected as a result of the implementation of a given norm or standard under Union source-based air pollution control legislation, pursuant to points 1(d)(ii) and (iii) of Part 4 of Annex IV:
| (a) | the Member State concerned, after having taken into account the findings of national inspection and enforcement programmes monitoring the effectiveness of Union source-based air pollution control legislation, demonstrates that the significantly different emission factors do not arise from its domestic implementation or enforcement of that legislation; |
| (b) | the Member State concerned has informed the Commission of the significant difference in the emission factors which, pursuant to Article 11(2), shall investigate the need for further action. |
2. If in a given year a Member State, due to an exceptionally cold winter or an exceptionally dry summer, cannot comply with its emission reduction commitments, it may comply with those commitments by averaging its national annual emissions for the year in question, the year preceding that year and the year following it, provided that this average does not exceed the national annual emission level determined by the Member State's reduction commitment.
3. If in a given year a Member State, for which one or more reduction commitments laid down in Annex II are set at a more stringent level than the cost-effective reduction identified in TSAP 16, cannot comply with the relevant emission reduction commitment after having implemented all cost-effective measures, it shall be deemed to comply with that relevant emission reduction commitment for a maximum of five years, provided that for each of those years it compensates for that non-compliance by an equivalent emission reduction of another pollutant referred to in Annex II.
4. A Member State shall be deemed to comply with its obligations under Article 4 for a maximum of three years, where non-compliance with its emission reduction commitments for the relevant pollutants results from a sudden and exceptional interruption or loss of capacity in the power and/or heat supply or production system, which could not reasonably have been foreseen, and provided that the following conditions are met:
| (a) | the Member State concerned has demonstrated that all reasonable efforts, including the implementation of new measures and policies have been made to ensure compliance, and will continue to be made to keep the period of non-compliance as short as possible; and |
| (b) | the Member State concerned has demonstrated that the implementation of measures and policies additional to those referred to in point (a) would lead to disproportionate costs, substantially jeopardise national energy security, or pose a substantial risk of energy poverty to a significant part of the population. |
5. Members States that intend to apply paragraph 1, 2, 3 or 4 shall inform the Commission thereof by 15 February of the reporting year concerned. That information shall include the pollutants and sectors concerned and, where available, the magnitude of the impacts upon national emission inventories.
6. The Commission, assisted by the European Environment Agency, shall review and assess whether the use of any of the flexibilities for a particular year fulfils the relevant conditions set out in paragraph 1 of this Article and in Part 4 of Annex IV or in paragraphs 2, 3 or 4 of this Article, where applicable.
Where the Commission considers that the use of a given flexibility is not in accordance with the relevant conditions set out in paragraph 1 of this Article and in Part 4 of Annex IV, or in paragraphs 2, 3 or 4 of this Article, it shall adopt a decision within nine months from the date of receipt of the relevant report referred to in Article 8(4), informing the Member State concerned that the use of that flexibility cannot be accepted and stating the reasons for that refusal. Where the Commission has raised no objections within nine months from the date of receipt of the relevant report referred to in Article 8(4), the Member State concerned shall consider the use of that flexibility to be valid and accepted for that year.
7. The Commission may adopt implementing acts specifying the detailed rules for the use of the flexibilities referred to in paragraphs 1, 2, 3 and 4 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17.
8. The Commission, when exercising its powers under paragraphs 6 and 7, shall take into account the relevant guidance documents developed under the LRTAP Convention.
Article 6 - National air pollution control programmes
2. When drawing up, adopting and implementing the programme referred to in paragraph 1, Member States shall:
| (a) | assess to what extent national emission sources are likely to have an impact on air quality in their territories and neighbouring Member States using, where appropriate, data and methodologies developed by the European Monitoring and Evaluation Programme (EMEP) under the Protocol to the LRTAP Convention on long-term financing of the cooperative programme for monitoring and evaluation of the long-range transmission of air pollutants in Europe; |
| (b) | take account of the need to reduce air pollutant emissions for the purpose of reaching compliance with air quality objectives in their territories and, where appropriate, in neighbouring Member States; |
| (c) | prioritise emission reduction measures for black carbon when taking measures to achieve their national reduction commitments for fine particulate matter; |
| (d) | ensure coherence with other relevant plans and programmes established by virtue of the requirements set out in national or Union legislation. |
With a view to complying with the relevant national emission reduction commitments, Member States shall include in their national air pollution control programmes the emission reduction measures laid down as obligatory in Part 2 of Annex III and may include in those programmes the emission reduction measures laid down as optional in Part 2 of Annex III or measures having equivalent mitigation effect.
3. Member States shall update their national air pollution control programmes at least every four years.
4. Without prejudice to paragraph 3, the emission reduction policies and measures contained in the national air pollution control programmes shall be updated within 18 months of the submission of the latest national emission inventory or national emission projections if, according to the submitted data, the obligations set out in Article 4 are not complied with or if there is a risk of non-compliance.
5. Member States shall consult the public, in accordance with Directive 2003/35/EC, and the competent authorities, which, by reason of their specific environmental responsibilities in the field of air pollution, quality and management at all levels, are likely to be concerned by the implementation of the national air pollution control programmes, on their draft national air pollution control programmes and any significant updates prior to the finalisation of those programmes.
6. Where appropriate, transboundary consultations shall be conducted.
7. The Commission shall facilitate the elaboration and implementation of the national air pollution control programmes, where appropriate, through an exchange of good practices.
8. The Commission is empowered to adopt delegated acts in accordance with Article 16 to amend this Directive with regard to the adaptation of Part 2 of Annex III to developments, including technical progress, within the framework of the LRTAP Convention.
9. The Commission may establish guidance on the elaboration and implementation of national air pollution control programmes.
10. The Commission shall also specify by means of implementing acts, the format of the national air pollution control programmes. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17.
Article 7 - Financial support
Those Union funds include present and future available funding under, inter alia:
| (a) | the Framework Programme for Research and Innovation; |
| (b) | the European Structural and Investment Funds, including relevant funding under the common agricultural policy; |
| (c) | instruments for the funding of environment and climate action such as the LIFE programme. |
The Commission shall evaluate the possibility of creating a one-stop shop, where any interested party can easily check the availability of Union funds, and the related access procedures, for projects which address air pollution concerns.
Article 8 - National emission inventories and projections, and informative inventory reports
Member States may prepare and annually update national emission inventories for the pollutants set out in Table B of Annex I, in accordance with the requirements set out therein.
2. Member States shall prepare and update every four years spatially disaggregated national emission inventories and large point source inventories and, every two years, national emission projections for the pollutants set out in Table C of Annex I, in accordance with the requirements set out therein.
3. Member States shall draw up an informative inventory report which shall accompany the national emission inventories and projections referred to in paragraphs 1 and 2, in accordance with the requirements set out in Table D of Annex I.
4. Member States that opt for a flexibility under Article 5 shall include the information demonstrating that the use of that flexibility fulfils the relevant conditions set out in Article 5(1) and Part 4 of Annex IV or in Article 5(2), (3) or (4), where applicable, in the informative inventory report of the year concerned.
5. Member States shall prepare and update the national emission inventories (including if appropriate adjusted national emission inventories), national emission projections, spatially disaggregated national emission inventories, large point source inventories and the accompanying informative inventory reports in accordance with Annex IV.
6. The Commission, assisted by the European Environment Agency, shall annually prepare and update Union-wide emission inventories and an informative inventory report as well as, every two years, Union-wide emission projections and, every four years, spatially disaggregated Union-wide emission inventories and Union-wide large point source inventories, for the pollutants referred to in Annex I, on the basis of the information referred to in paragraphs 1, 2 and 3 of this Article.
7. The Commission is empowered to adopt delegated acts in accordance with Article 16 to amend this Directive with regard to the adaptation of Annex I and Annex IV to developments, including technical and scientific progress, within the framework of the LRTAP Convention.
Article 9 - Monitoring air pollution impacts
To that end, Member States shall coordinate with other monitoring programmes established pursuant to Union legislation including Directive 2008/50/EC, Directive 2000/60/EC of the European Parliament and of the Council (13) and Council Directive 92/43/EEC (14) and, if appropriate, the LRTAP Convention and, where appropriate, make use of data collected under those programmes.
In order to comply with the requirements of this Article, Member States may use the optional monitoring indicators listed in Annex V.
2. The methodologies laid down in the LRTAP Convention and its Manuals for the International Cooperative Programmes may be used when collecting and reporting the information listed in Annex V.
3. The Commission is empowered to adopt delegated acts in accordance with Article 16 to amend this Directive with regard to the adaptation of Annex V to technical and scientific progress and to developments within the framework of the LRTAP Convention.
Article 10 - Reporting by Member States
Where a national air pollution control programme is updated under Article 6(4), the Member State concerned shall provide the updated programme to the Commission within two months.
The Commission shall examine the national air pollution control programmes and their updates in the light of the requirements set out in Article 4(2) and Article 6.
2. Member States shall provide their national emission inventories and projections, spatially disaggregated national emission inventories, large point source inventories and the informative inventory reports referred to in Article 8(1), (2) and (3) and, where relevant, in Article 8(4), to the Commission and to the European Environment Agency in accordance with the reporting dates set out in Annex I.
This reporting shall be consistent with the reporting to the Secretariat of the LRTAP Convention.
3. The Commission, assisted by the European Environment Agency and in consultation with the Member States concerned, shall review the national emission inventory data in the first year of reporting and regularly thereafter. That review shall involve the following:
| (a) | checks to verify the transparency, accuracy, consistency, comparability and completeness of information submitted; |
| (b) | checks to identify cases where inventory data is prepared in a manner which is inconsistent with the requirements set out under international law, in particular under the LRTAP Convention; |
| (c) | where appropriate, calculation of the resulting technical corrections necessary, in consultation with the Member State concerned. |
Where the Member State concerned and the Commission are unable to reach an agreement on the necessity or on the content of the technical corrections pursuant to point (c), the Commission shall adopt a decision laying down the technical corrections to be applied by the Member State concerned.
4. Member States shall report the following information referred to in Article 9 to the Commission and the European Environment Agency:
| (a) | by 1 July 2018 and every four years thereafter, the location of the monitoring sites and the associated indicators used for monitoring air pollution impacts; and |
| (b) | by 1 July 2019 and every four years thereafter, the monitoring data referred to in Article 9. |
Article 11 - Reports by the Commission
| (a) | progress towards:
|
| (b) | identification of further measures required at Union and Member State level to achieve the objectives referred to in point (a); |
| (c) | the uptake of Union funds to support the measures taken with a view to comply with the objectives of this Directive; |
| (d) | the results of the Commission examination of the national air pollution control programmes and their updates pursuant to the third subparagraph of Article 10(1); |
| (e) | an evaluation of the health, environmental and socioeconomic impacts of this Directive. |
2. Where the report indicates that the non-achievement of the indicative emission levels and emission reduction commitments referred to in Article 4 could be the result of ineffective Union source-based air pollution control legislation, including its implementation at Member State level, the Commission shall, where appropriate, investigate the need for further action also considering the sectoral impacts of implementation. Where appropriate, the Commission shall present legislative proposals, including new source-based air control pollution legislation, in order to ensure compliance with the commitments of this Directive.
Article 12 - European Clean Air Forum
Article 13 - Review
If appropriate, the Commission shall present legislative proposals for emission reduction commitments for the period after 2030.
2. As regards ammonia, the Commission, in its review, shall assess in particular:
| (a) | the latest scientific evidence; |
| (b) | updates of the UNECE Guidance Document on Preventing and Abating Ammonia Emissions from Agricultural Sources of 2014 (the ‘Ammonia Guidance Document’) (15), the UNECE Framework Code for Good Agricultural Practice for Reducing Ammonia Emissions (16), as last revised in 2014; |
| (c) | updates of the Best Available Techniques as defined in point (10) of Article 3 of Directive 2010/75/EU of the European Parliament and of the Council (17); |
| (d) | agri-environment measures in the framework of the common agricultural policy. |
3. On the basis of the reported national emissions of mercury the Commission shall assess their impact on achieving the objectives set out in Article 1(2) and shall consider measures for reducing those emissions and, if appropriate, submit a legislative proposal.
Article 14 - Access to information
| (a) | the national air pollution control programmes and any updates; |
| (b) | the national emission inventories (including, where applicable, the adjusted national emission inventories), the national emission projections, the informative inventory reports and additional reports and information provided to the Commission in accordance with Article 10. |
2. The Commission shall, in compliance with Regulation (EC) No 1367/2006 of the European Parliament and of the Council (18), ensure the active and systematic dissemination to the public of Union-wide emission inventories, and projections as well as informative inventory reports on a publicly accessible website.
3. The Commission shall publish on its website:
| (a) | the underlying assumptions considered for each Member State for the definition of their national emission reduction potential used to prepare TSAP 16; |
| (b) | the list of relevant Union source-based air pollution control legislation; and |
| (c) | the results of the examination referred to in the third subparagraph of Article 10(1). |
Article 15 - Cooperation with third countries and coordination within international organisations
Article 16 - Exercise of the delegation
2. The power to adopt delegated acts referred to in Articles 6(8), 8(7) and 9(3) shall be conferred on the Commission for a period of five years from 31 December 2016. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3. The delegation of power referred to in Articles 6(8), 8(7) and 9(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (19).
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Articles 6(8), 8(7) and 9(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 17 - Committee procedure
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
Article 18 - Penalties
Article 19 - Amendment to Directive 2003/35/EC
| ‘(g) | Article 6(1) of Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (*1). |
Article 20 - Transposition
By way of derogation from the first subparagraph, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 10(2) by 15 February 2017.
Member States shall immediately inform the Commission thereof.
When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.
Article 21 - Repeal and transitional provisions
By way of derogation from the first subparagraph:
| (a) | Articles 1 and 4 of and Annex I to Directive 2001/81/EC shall continue to apply until 31 December 2019; |
| (b) | Articles 7 and 8 of and Annex III to Directive 2001/81/EC shall be repealed on 31 December 2016. |
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex VI.
2. Until 31 December 2019, Member States may apply Article 5(1) of this Directive in relation to the ceilings under Article 4 of and Annex I to Directive 2001/81/EC.