Considerations on COM(2016)617 - EU position at the IMO concerning the designation and taking effect of the Baltic Sea and North Sea as Nitrogen Oxyde Emissions Control Area (NECA)

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dossier COM(2016)617 - EU position at the IMO concerning the designation and taking effect of the Baltic Sea and North Sea as Nitrogen Oxyde ...
document COM(2016)617 EN
date September 22, 2016
 
(1) In order to prevent, reduce and control nitrogen oxide (NOx) emissions from ships, Annex VI to the International Convention for the Prevention of Pollution from Ships (MARPOL) provides the possibility to designate, at the request of the Parties having a common interest in a particular sea area, a NOx Emission Control Area (NECA).

(2) The International Maritime Organization (IMO) has to consider, approve and adopt the necessary amendments to MARPOL Annex VI such that the proposed designation of a particular sea area as NECA can enter into force and take effect.

(3) The Parties to MARPOL Annex VI bordering the North Sea and the Baltic Sea jointly decided to prepare two proposals for designation of the respective seas as NECAs taking effect from 1 January 2021.

(4) Preparatory work on the submission requesting the designation of the Baltic Sea as NECA has been undertaken by the Baltic Marine Environment Protection Commission (or Helsinki Commission, short HELCOM) in the framework of the Helsinki Convention on the Protection of the Marine Environment of the Baltic Sea Area. The meeting of the HELCOM Heads of Delegations on 16 June 2016 agreed to submit the proposal for designation of the Baltic Sea as NECA for consideration by the IMO Marine Environment Protection Committee (MEPC) at its 70th session.

(5) Preparatory work on the submission requesting the designation of the North Sea as NECA has been undertaken between the North Sea riparian States at Ministerial level.

(6) The Council's Working Party on Shipping has been informed on 19 May 2016 and on 29 June 2016 of the (final) draft proposals requesting the designation of the North Sea and Baltic Sea as NECAs to be submitted to the IMO for consideration at the 70th session of the MEPC.

(7) Approval of the amendments to Annex VI to MARPOL designating the North and Baltic Seas as NECAs is expected at the 70th session of the Marine Environment Protection Committtee (MEPC), while adoption is expected at the 71st session to be held in May 2017.

(8) The approval and adoption of the proposed amendments to Annex VI to MARPOL by the IMO's MEPC designating the North and Baltic Seas as NECAs would have a legal effect within the meaning of Article 218(9) TFEU.

(9) The seventh Environment Action Programme 10 confirms the Union's long-term objective for air policy, to achieve levels of air quality that do not give rise to significant negative impacts on and risks to human health and the environment, and calls, to that end, for full compliance with the current air quality legislation of the Union, post-2020 strategic targets and actions, enhanced efforts in areas where the population and ecosystems are exposed to high levels of air pollutants and reducing the levels and deposition of acidifying and euthrophifying air pollutants as well as the level of ozone air pollution below critical loads and levels.

(10) In 2013 a total of 19 of the 28 Member States recorded exceedances of the annual limit value for nitrogen dioxide (NO2) as set in Directive 2008/50/EC of the European Parliament and of the Council 11 at one or more monitoring stations. Of the EU-28 urban population, 9% lives in areas in which the annual EU limit value and the WHO's air quality guidelines for NO2 were exceeded in 2013 12 .

(11) Ship emissions are known to have impacts on human health, ecosystems and air quality in the Union, as a result of the emissions that it generates, such as nitrogen oxides (NOx), sulphur oxides (SOx), methane (CH4), particulate matter (PM) and black carbon (BC).

(12) According to the impact assessment accompanying the Clean Air Policy Package of December 2013 13 , the sulphur emissions from maritime transport are set to reduce significantly following the revision of the Directive on sulphur content of marine fuels 14 , while engine-related PM and NOx emissions from vessels will continue to affect air quality levels in the Union. NOx emissions from international maritime transport in European waters could be equal to land-based sources in the Union by 2020 onwards 15 .

(13) The progressive reduction of air pollution in the Union builds on the reductions delivered by substance-specific source based air pollution legislation defining (NOx) emission limits, inter alia by means of fuel and engine standards, for various stationary and mobile emission sources.

(14) While the Union has set marine fuel standards as well as emission monitoring, reporting and verification obligations with the objective of protecting and improving the quality of the environment and human health from SOx and CO2 emissions to air generated by maritime transport, there is currently no source specific Union legislation addressing NOx emissions from international maritime shipping.

(15) The 2013 Clean Air Programme for Europe Communication 16 emphasises that emissions from shipping will continue to impact air quality on land, and that reductions by the shipping sector could be cost-effective. It also notes that considering the international character of shipping, in principle preference must be given to policy development at the international level, such as designation of NOx Emission Control Areas and enforcement of NOx emission standards already agreed by the IMO. According to the accompanying impact assessment there is clear potential for shipping to cost-effectively deliver NOx emission reductions. Designating NECAs in the EU sea areas would deliver substantial environmental and health benefits

(16) Directive 2001/81/EC of the European Parliament and of the Council 17 provides that the Commission and Member States, as appropriate, shall without prejudice to Article 218 of the Treaty on the Functioning of the European Union, pursue bilateral and multilateral cooperation with third countries and relevant organizations such as the International Maritime Organization (IMO) with the aim of improving the basis for the facilitations of emissions reductions.

(17) From the above it is clear that the approval and adoption of the amendments to Annex VI to MARPOL may frame the future development of EU legislation in this area.

(18) A Council decision based on Article 218(9) TFEU should be adopted in order to set out the Union position regarding the adoption of those amendments.

(19) Member States should support adoption of the proposed amendments to Annex VI to MARPOL designating the North and Baltic Seas as NECAs at the 70th session of the MEPC (October 2016), and their subsequent approval in MEPC 71 (Spring 2017).

(20) The Union is neither a member of the IMO nor a contracting party to MARPOL. It is therefore necessary for the Council to authorise the Member States to express the position of the Union and express their consent to be bound by these amendments.