Explanatory Memorandum to COM(2013)917 - Acceptance of the Amendment to the 1999 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution to Abate Acidification, Eutrophication and Ground-level Ozone - Main contents
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| dossier | COM(2013)917 - Acceptance of the Amendment to the 1999 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution to Abate ... |
|---|---|
| source | COM(2013)917  |
| date | 18-12-2013 |
The LRTAP Convention was signed on behalf of the European Economic Community on 14 November 1979 and approved by Council Decision 81/462/EEC of 11 June 1981.[1]
To date, the LRTAP Convention has been extended by eight Protocols, including the 1999 Protocol to Abate Acidification, Eutrophication and Ground-level Ozone (the Protocol). This Protocol promotes a multi-pollutant approach to prevent or minimize exceedances of critical loads of acidification and nutrient nitrogen and critical levels of ozone for human health and vegetation. To that effect, it sets national emission ceilings for each Party to be met by 2010 and thereafter for the following four air pollutants: sulphur (mainly sulphur dioxide, SO2), nitrogen oxides (NOx), ammonia (NH3) and volatile organic compounds other than methane (VOC). To support the achievement of the national emission ceilings, the Annexes of the Protocol establish emission limit values to control emissions of air pollutants generated at source from relevant categories of stationary and mobile sources.
The accession of the Community to the Protocol was approved on behalf of the Community by Council Decision 2003/507/EC of 13 June 2003[2]. The Protocol, which entered into force on 17 May 2005, has been transposed into EU law mainly through Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on large combustion plants i and Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants (NEC Directive) i.
In accordance with Article 10(2) of the Protocol, the obligations have been reviewed in 2005 to 2007. The review concluded that more efforts would be needed to meet the environmental and human health-related objectives of achieving critical loads and levels for long term protection of human health and the environment. In 2007, the Parties opened negotiations with a view to amending the Protocol.
The negotiation process led to the adoption by consensus of the Parties present at the 30th session of the Executive Body for the LRTAP Convention (EB) of two Decisions (EB Decisions 2012/1 and 2012/2), which amended the text of the Protocol and its Annexes and added two new annexes (X and XI) [5]. Two other Decisions on the implementation of the Protocol provisions (provisional application of adjustments to national emission reduction commitments[6] or to national emission inventories) were also adopted by consensus of the Parties.[7]
EB Decision 2012/1, which updates the definitions of critical loads and critical levels, as set out in Annex I of the Protocol, does not call for ratification by the Parties. In accordance with Article 13 i of the Protocol, this amendment was communicated to all Parties to the Protocol on 7 March 2013[8] and entered into force on 5 June 2013.
EB Decision (2012/2) amends the main text of the Protocol and all its Annexes (except for Annex I). In accordance with Article 13 i of the Protocol, this Decision has to be ratified by the Parties.
The amended Protocol sets out new national emission reduction commitments to be met by 2020 and beyond for the above-mentioned four air pollutants as well as for fine particulate matter (PM2,5). It also promotes emission reductions for black carbon (a component of particulate matter a short-lived climate pollutant), updates the emission limit values set in the Protocol Annexes, establishes new standards on the content of non-methane volatile organic compounds in products, and completes the reporting obligation of the Parties regarding the emissions of air pollutants as well as the progress made in the fields of technology and research.
The amendment to the Protocol shall be transposed into EU law through several legal instruments. To that purpose, the Commission has proposed a Directive of the European Parliament and of the Council to amend[9] the NEC Directive and a Directive of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from medium combustion plants[10]. Both those Directives shall apply alongside existing EU emission source control Directives, including Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions[11].
In view of the above, it is appropriate for the European Union to accept the Amendment to the Protocol.
The Annex to this Decision includes the amending text to the Protocol as laid down in Decision 2012/2 of the EB.