Explanatory Memorandum to 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. |
|---|---|
| source | COM(2013)920  |
| date | 18-12-2013 |
General context – Grounds for and objectives of the proposal
Directive 2001/81/EC of the European Parliament and of the Council[1] set annual national emission ceilings for each Member State to be attained by 2010, covering emissions of sulphur dioxide (SO2), nitrogen oxides (NOx), non-methane volatile organic compounds (NMVOC) and ammonia (NH3). These were aimed at reducing air pollution and its adverse impacts upon public health and the environment across the Union, and also at compliance with the Gothenburg Protocol.[2]
There is a need to review and update these requirements to address the highly significant remaining health risks and environmental impacts posed by air pollution in the Union, and to align Union law with new international commitments following a revision of the Gothenburg Protocol in 2012.
The required impact reductions are set out in the revised Thematic Strategy on Air Pollution,[3] which updates the pathway towards the Union's long-term objective of reaching air quality levels that do not cause significant impacts on and risks to human health and the environment. This proposal is one of the main legislative pillars to achieve these reductions.
As well as setting out the further emission cuts needed, this proposal addresses some of the shortcomings in the implementation of the Union air policy framework and the need for enhanced co-ordination between emission reductions and air quality as well as climate change and biodiversity protection.
Given the nature and extent of the necessary modifications to Directive 2001/81/EC and the need to enhance consistency and legal clarity, the review of Directive 2001/81/EC calls for its repeal and the adoption of a new Directive (this Directive).
The objectives of this initiative are consistent with and reinforce the Europe 2020 objectives on smart, inclusive, and sustainable growth. They should stimulate innovation that will help support green growth and maintain the competitiveness of the European economy whilst assisting the transition to a low carbon economy, protecting Europe's natural capital and capitalising on Europe's leadership in developing new green technologies.[4] Simplification and clarification of existing policy to enable better implementation is pursued where possible in the spirit of smarter regulation.[5] Where measures are introduced, care is taken to safeguard the interests of SMEs along the 'think small first' principle.[6] Coherence has been ensured with the closely-related areas of transport, industrial, agriculture and climate change, and resource efficiency.
Contents
- RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
- LEGAL ELEMENTS OF THE PROPOSAL
- BUDGETARY IMPLICATION
- Consistency with other policies and objectives of the Union
- Consultation with interested parties
- Result of the impact assessment
- Summary of the proposed action
- Legal basis
- Subsidiarity and proportionality principles and choice of instrument
- 5. OPTIONAL ELEMENTS
The review process drew on expertise built up over several decades of air quality assessments, management and review activities in the Union and internationally. Consulted parties included Member State authorities responsible for the implementation of the current policy framework at all administrative levels. Five stakeholder meetings were held between June 2011 and April 2013 to ensure transparency and offer opportunities for stakeholder comments and inputs. All meetings were web-streamed to enable the broadest possible participation. In parallel, two public consultations were organised: a first at the end of 2011 focused on review of the strengths and weaknesses of the existing air quality policy framework; the second on-line public consultation of all stakeholders on the main policy options available to address the remaining air quality problems in early 2013.[7] A Eurobarometer survey seeking the view of the general public on air pollution issues was conducted and reported in 2012.[8] The Commission and the European Environment Agency (EEA) also conducted an Air Implementation Pilot project, bringing together 12 cities from across the Union to assess local experience with implementing the air policy framework.[9]
Full compliance with air quality legislation can be achieved in the short to medium term by focusing on the implementation of existing policy plus Member State action. While Directive 2001/81/EC should be revised to incorporate the Union's international commitments for 2020 under the Gothenburg Protocol, more stringent reductions are not appropriate for 2020.
However, the period to 2030 is a different case. To address the outstanding health and environmental impacts requires substantially tighter emission reduction commitments. For 2030 the preferred option is 70% of the maximum feasible reduction of health impacts in 2030, further optimised for additional reductions in eutrophication and ozone. These emission reduction commitments provide a continuing trajectory towards the Union's long-term objective.
Implementation of the Gothenburg reduction commitments for 2020 entails no additional Union expenditure over the baseline. The new reduction commitments for 2030 are designed to implement the reduction of air quality impacts by 2030 established in the Communication on a Clean Air Programme for Europe. The impact assessment modelled the optimal delivery of the desired reduction, and this optimisation yielded national emission reduction commitments for the six most relevant pollutants. These reduction commitments will reduce total external costs of air pollution by €40bn (on the most conservative valuation) compared to the €212bn in the baseline, including direct economic benefits amounting to more than €2.8 billion: €1,85bn from reduced labour productivity losses, reduced health care costs of €600m, reduced crop value losses of €230m, and reduced damage to the built environment of €120m. This compares with annual compliance costs of €3,3bn, or about one twelfth of the external cost savings. The baseline shall deliver in 2030 a reduction of health burden by 40% as compared to 2005. This proposal delivers an extra 12%, which makes a 52% reduction in total regarding health burden as compared to 2005. For eutrophication, it delivers an extra 50% on top of the baseline.
Methane ceilings under the NEC regime of the Union could bring down emissions cost-effectively although the policy would need to be consistent with Decision 406/2009/EC of the European Parliament and of the Council.[10] Provisions to improve governance and align monitoring and reporting with international obligations could be included at very modest administrative cost (around €8m initial cost and €3.5m annual cost Union-wide).
The proposal repeals and replaces the current Union regime on the annual capping of national emissions of air pollutants, as defined in Directive 2001/81/EC. By doing so, it ensures that the national emission ceilings (NECs) set in Directive 2001/81/EC for 2010 onwards for SO2, NOx, NMVOC and NH3 shall apply until 2020 and establishes new national emission reduction commitments ("reduction commitments") applicable from 2020 and 2030 for SO2, NOx, NMVOC, NH3, fine particulate matter (PM2,5) and methane (CH4) as well as intermediate emission levels for the year 2025 applicable to the same pollutants.
Specific information on the main Articles and Annexes is provided below.
Articles 1, 2 and 3 specify the subject-matter and the scope of this proposal and provide definitions of key terms used therein.
In accordance with Article 4 read in combination with Annex II, Member States must limit their annual emissions of SO2, NOx, NMVOC, NH3, PM2,5 and CH4, to meet their reduction commitments applicable from 2020 and 2030. Furthemore, Member States must limit in 2025 their annual emissions of those pollutants to the levels defined on the basis of a linear reduction trajectory, unless this would require measures entailing disproportionate costs. Article 4 indicates what emission sources should not be accounted for.
Article 5 entitles Member States to use certain flexibilities, provided that the Commission does not object: to account for a share of NOx, SO2, and PM2,5 emission reductions achieved by international maritime traffic under certain conditions; to implement jointly their reduction commitments for CH4; and to propose adjusted emission inventories when non-compliance with a reduction commitment (save for CH4) results from improved inventory methodology.
Article 6 requires Members States to adopt, implement and regularly update their national air pollution control programmes (NAPCPs) describing how their reduction commitments shall be met. NAPCPs should, at least, contain the information set out in Annex III (part 2) and on the reduction of black carbon emissions and may prescribe specific measures, as listed in Annex III (part 1), to curb PM2,5 and NH3 emissions from the agricultural sector. NAPCPs shall be developed in the context of the overall air quality policy framework and shall include information on the analysis underpinning the selection of measures. Member States shall subject their NAPCPs to public consultation before their finalisation. To this end, Article 16 amends Directive 2003/35/EC of the European Parliament and of the Council[11] to ensure that it covers NAPCPs.
Article 7 read in combination with Annex I requires Member States to monitor air pollutant emissions and, in so doing, prepare and update, in line with the obligations and guidelines enacted under the LRTAP Convention referred to and further specified in Annex IV, national emission inventories and projections to be accompanied by an informative inventory report (IIR). Member States that apply the flexibilities under Article 5 must include relevant information in the IIR or in a separate report.
Under Article 8, Member States shall monitor, where practicable, the adverse impacts of air pollution upon water and terrestrial ecosystems, based on the modalities specified in Annex V. Member States are entitled to make use of monitoring systems established under other Union instruments.
Article 9 requires Member States to communicate to the Commission, at the dates specified in Annex I, their NAPCP and any updates and all monitoring information established in accordance with Articles 7 and 8. The Commission, assisted by the European Environment Agency and Member States, shall regularly verify the accuracy and completeness of reported national emission inventory data.
Article 10 provides that the Commission shall report every five years on the implementation of this Directive, including on the application of Article 4, paragraph 2 related to intermediate emission levels set for 2025.
Article 11 promotes the systematic, active and electronic dissemination of the information collected and processed under this proposal and refers, in that context, to the requirements established in Union law, including in Directive 2003/4/EC of the European Parliament and of the Council.[12]
Article 12 promotes cooperation between the Commission and Member States with third countries and relevant international organisations to further and better address air pollutant emissions at a global level.
Article 13 lays down the modalities of the procedure applicable under Articles 6(7), 7(9) and 8(3) to the adaptation of Annexes I, III (part 1), IV and V to scientific and technical progress through delegated acts.
Article 14 refers to the Committee examination procedure that the Commission shall use to enact implementing acts under Articles 5(6) and 6(9) and specifies that the existing Committee established under Article 29 of Directive 2008/50/EC shall be used.
Articles 15, 17 and 19 lay down the provisions on penalties applicable to breaches of the national provisions enacted pursuant to the proposal, on the entry into force and the transposition of the proposal into Member States’ legislation.
Article 18 is concerned with the repeal of Directive 2001/81/EC while specifying that the NECs it sets shall remain applicable until 31 December 2019.
Annex VI contains the correlation table.
As the primary objective of the proposal is the protection of the environment, in accordance with Article 191 TFUE, it is based on Article 192(1) TFUE.
The subsidiarity principle applies insofar as the proposal does not fall under the exclusive competence of the Union.
The objectives of the proposal cannot be sufficiently achieved by the Member States. To address the significant remaining air quality impacts in the Union, each Member State must reduce its pollutant emissions, and the cost-effective combination of reductions across Europe can only be co-ordinated at Union level. The reduction commitments identified take account not only of the domestic impacts of national emissions, but also of their transboundary impacts.
Action by the Union will better achieve the objective of the proposal. Directive 2001/81/EC sets reduction targets and minimum requirements for their implementation, while leaving Member States to determine the optimum combination of measures to achieve those reductions. That principle is maintained in this proposal, which further harmonises the requirements on national programmes and on the monitoring and reporting of emissions of air pollutants with a view to correcting shortcomings of Directive 2001/81/EC, and to complying with international commitments undertaken under the LRTAP Convention and its protocols. Although the proposal requires control of emissions at source in the agriculture sector, Member States are entitled not to implement them if they are not necessary to achieve the relevant reduction commitment.
This proposal therefore respects the subsidiarity principle.
The chosen legal instrument is a Directive as the proposal lays down objectives and obligations, while leaving sufficient flexibility to the Member States as regards the choice of measures for compliance and their detailed implementation. The proposal therefore complies with the proportionality principle.
The Directive will be implemented using the existing budget and will not impact on the multi-annual financial framework.
Explanatory documents
The Commission considers that explanatory documents are necessary in order to improve the quality of information on the transposition of the directive for the following reasons.
The complete and correct transposition of the Directive is essential to guarantee that its objectives (i.e. protecting human health and the environment) are achieved. Given that certain Member States already regulate emissions of air pollutants, the transposition of this directive would probably not consist of one piece of legislation, but rather, various amendments or new proposals in relevant fields. In addition, the implementation of the Directive is often highly decentralised, as the regional and local authorities are responsible for its application and, in some Member States, even for its transposition.
The above factors are likely to increase the risks of incorrect transposition and implementation of the Directive, and complicate the Commission’s task of monitoring the application of Union law. Clear information with respect to the transposition of the Directive is instrumental in ensuring the conformity of national legislation with its provisions.
The requirement to provide explanatory documents may create an additional administrative burden on those Member States which do not work on this basis in any case. However, the possible additional administrative burden is proportionate to the aim pursued, namely to ensure effective transposition and fully achieve the objectives of the Directive.
In view of the above it is appropriate to ask Member States to accompany the notification of their transposition measures with one or more documents explaining the relationship between the provisions of the Directive and the corresponding parts of national transposition instruments.