Procedure : 2013/0443(COD)
Document stages in plenary
Document selected : A8-0249/2015

Texts tabled :

A8-0249/2015

Debates :

PV 28/10/2015 - 6
CRE 28/10/2015 - 6

Votes :

PV 28/10/2015 - 7.7
CRE 28/10/2015 - 7.7

Texts adopted :

P8_TA(2015)0381

REPORT     ***I
PDF 788kWORD 1186k
28 August 2015
PE 551.932v02-00 A8-0249/2015

on the proposal for a directive of the European Parliament and of the Council on the reduction of national emissions of certain atmospheric pollutants and amending Directive 2003/35/EC

(COM(2013)0920 – C7-0004/2014 – 2013/0443(COD))

Committee on the Environment, Public Health and Food Safety

Rapporteur: Julie Girling

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on Industry, Research and Energy
 OPINION of the Committee on Agriculture and Rural Development
 PROCEDURE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council on the reduction of national emissions of certain atmospheric pollutants and amending Directive 2003/35/EC

(COM(2013)0920 – C7-0004/2014 – 2013/0443(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0920),

–  having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0004/2014),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 10 July 2014(1),

–  having regard to the opinion of the Committee of the Regions of 7 October 2014(2),

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy and the Committee on Agriculture and Rural Development (A8-0249/2015),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment    1

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

(1) Significant progress has been achieved in the past 20 years in the Union in the field of anthropogenic air emissions and air quality by a dedicated Union policy, including the 2005 Communication from the Commission “Thematic Strategy on Air Pollution” (“TSAP”)15. Directive 2001/81/EC of the European Parliament and of the Council16 has been instrumental in this progress by setting caps on Member States’ total annual emissions for 2010 onwards of sulphur dioxide (SO2), nitrogen oxides (NOx), ammonia (NH3) and volatile organic compounds other than methane (NMVOC). As a result, SO2 emissions were reduced by 82%, NOx emissions by 47%, NMVOC emissions by 56% and NH3 emissions by 28% between 1990 and 2010. However, as indicated in the “Clean Air Programme for Europe” (“revised TSAP”)17, significant adverse impacts and risks remain on the environment and human health.

(Does not affect English version)

__________________

 

15Communication of 21 September 2005 from the Commission to the Council and the European Parliament “Thematic Strategy on Air Pollution”, COM(2005) 446 final.

 

16Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants (OJ L 309, 27.11.2001, p. 22).

 

17Communication from the Commission to the Council and the European Parliament “A Clean Air Programme for Europe”, COM(2013) [xxx] .

 

linguistic amendment – not voted

Amendment    2

Proposal for a directive

Recital 2

Text proposed by the Commission

Amendment

(2) The seventh Environment Action Programme18 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 reinforced synergies between air quality legislation and Union’s policy objectives set for climate change and biodiversity in particular.

(2) The seventh Environment Action Programme18 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 reinforced synergies between air quality legislation and Union’s policy objectives set for climate change and biodiversity in particular. The Common Agricultural Policy for the 2014-2020 period offers the possibility for Member States to contribute to air quality with specific measures. Future evaluation will provide a better understanding of the effects of these measures.

__________________

__________________

18 Proposal for a Decision of the European Parliament and of the Council on a General Union Environment Action Programme to 2020 ‘Living well, within the limits of our planet’, COM (2012) 710, 29.11.2012.

18 Proposal for a Decision of the European Parliament and of the Council on a General Union Environment Action Programme to 2020 ‘Living well, within the limits of our planet’, COM (2012) 710, 29.11.2012.

Amendment    3

Proposal for a directive

Recital 4 a (new)

Text proposed by the Commission

Amendment

 

(4a) Member States and the Union are parties to the 2013 Minamata Convention on Mercury, which seeks to improve human health and environmental protection through the reduction of mercury emissions from existing and new sources. This Directive should contribute to the reduction of mercury emissions in the Union as required by the Communication from the Commission to the Council and the European Parliament of 28 January 2005 on a Community Strategy on Mercury and the Minamata Convention on Mercury.

Justification

As signatories to the Minamata Convention, the EU and Member states should ensure that the NEC directive contributes to the reduction of mercury emissions, which have serious detrimental effects on human health.

Amendment  4

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(6) The national emission ceiling regime established by Directive 2001/81/EC should therefore be revised in order to align it with the international commitments of the Union and the Member States.

(6) The national emission ceiling regime established by Directive 2001/81/EC should therefore be revised in order to ensure compliance with the international commitments of the Union and the Member States.

Amendment    5

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8) This Directive should also contribute to the achievement of the air quality objectives set in Union legislation and to the mitigation of climate change impacts by reducing emissions of short-lived climate pollutants as well as to the improvement of air quality globally.

(8) This Directive should also contribute to the achievement, in a cost-effective manner, of the air quality objectives set in Union legislation and to the mitigation of climate change impacts by reducing emissions of short-lived climate pollutants in addition to the improvement of air quality globally and by improving synergies with Union climate and energy policy and ensuring non-duplication of existing Union legislation. This Directive should in particular, be aligned with evolving Union and international climate change action, including, but not limited to, the 2030 policy framework for climate and energy and a comprehensive, binding global climate change agreement.

Amendment    6

Proposal for a directive

Recital 8 a (new)

Text proposed by the Commission

Amendment

 

(8a) This Directive should also contribute to the reduction of the health-related costs of air pollution in the Union by improving EU citizens quality of life as well as to favour the transition to a green economy.

Amendment    7

Proposal for a directive

Recital 8 b (new)

Text proposed by the Commission

Amendment

 

(8b) In order to reduce emissions from maritime transport, it is necessary to ensure a full and timely implementation of the limits laid down by the International Maritime Organisation (IMO) and a strict enforcement of Directive 2012/33/EU of the European Parliament and of the Council1a. Further action to control shipping emissions is also needed. It is appropriate that the union and Member States consider defining new emission control areas and continue to work within the IMO to further reduce the emissions.

 

______________

 

1a Directive 2012/33/EU of the European Parliament and of the Council of 21 November 2012 amending Council Directive 1999/32/EC as regards the sulphur content of marine fuels (OJ L 327, 27.11.2012, p. 1).

Amendment    8

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(9) Member States should comply with the emission reduction commitments set out in this Directive for 2020 and 2030. So as to ensure demonstrable progress towards the 2030 commitments, Member States should meet intermediate emission levels in 2025, set on the basis of a linear trajectory between their emission levels for 2020 and those defined by the emission reduction commitments for 2030, unless this would entail disproportionate costs. Where the 2025 emissions cannot be so limited, Member States should explain the reasons in their reports under this Directive.

(9) In order to limit the atmospheric emissions of air pollutants and to effectively contribute to the Union objective of achieving air quality that does not give rise to significant negative impacts on and risks to health, and to reducing the levels deposition of acidifying and eutrophying pollutants below critical loads and levels, binding national emission reduction commitments are set in this Directive for 2020, 2025 and 2030.

Amendment    9

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) In order to promote cost-effective achievement of the national emission reduction commitments and of the intermediate emission levels, Member States should be entitled to account for emission reductions from international maritime traffic if emissions from that sector are lower than the levels of emissions that would result from compliance with Union law standards, including the sulphur limits for fuels set in Directive 1999/32/EC of the Council.21 Member States should also have the possibility to jointly meet their commitments and intermediate emission levels regarding methane (CH4) and of making use of Decision n°406/2009/EC of the European Parliament and of the Council for so doing.22 For the purpose of checking compliance with their national emission ceilings, emission reduction commitments and intermediate emission levels, Member States could adjust their national emission inventories in view of improved scientific understanding and methodologies regarding emissions. The Commission could object to the use of any of these flexibilities by a Member State, should the conditions set out in this Directive not be met.

(11) In order to promote cost-effective achievement of the national emission reduction commitments, Member States should have the possibility to jointly meet their commitments regarding methane (CH4) and of making use of Decision n°406/2009/EC of the European Parliament and of the Council for so doing.22 For the purpose of checking compliance with their national emission ceilings, emission reduction commitments and emission levels, Member States could adjust their national emission inventories in view of improved scientific understanding and methodologies regarding emissions. The Commission could object to the use of these flexibilities by a Member State, should the conditions set out in this Directive not be met.

__________________

__________________

21 Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC (OJ L 121, 11.5.1999, p. 13).

 

22 Decision n°406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p. 136).

22 Decision n°406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p. 136).

Amendment    10

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(12) Member States should adopt and implement a national air pollution control programme with a view to meeting their emission reduction requirements and intermediate emission levels, and to contributing effectively to the achievement of the Union air quality objectives. To this effect, Member States should take account of the need to reduce emissions in zones and agglomerations affected by excessive air pollutant concentrations and/or in those that contribute significantly to air pollution in other zones and agglomerations, including in neighbouring countries. National air pollution control programmes should, to that end, contribute to the successful implementation of air quality plans enacted under Article 23 of Directive 2008/50/EC of the European Parliament and of the Council.23

(12) Member States should adopt and implement a national air pollution control programme with a view to meeting their emission reduction requirements and to contributing effectively to the achievement of the Union air quality objectives. To this effect, Member States should take account of the need to reduce emissions in zones and agglomerations affected by excessive air pollutant concentrations and/or in those that contribute significantly to air pollution in other zones and agglomerations, including in neighbouring countries. National air pollution control programmes should, to that end, contribute to the successful implementation of air quality plans enacted under Article 23 of Directive 2008/50/EC of the European Parliament and of the Council.23

__________________

__________________

23 Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air in Europe (OJ L 152, 11.6.2008, p. 1).

23 Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air in Europe (OJ L 152, 11.6.2008, p. 1).

Amendment    11

Proposal for a directive

Recital 13

Text proposed by the Commission

Amendment

(13) In order to reduce atmospheric NH3 and PM2,5 emissions from the main contributors, national air pollution control programmes should include measures applicable to the agricultural sector. Member States should be entitled to implement measures other than those set out in this Directive with an equivalent level of environmental performance owning to specific national circumstances.

(13) In order to reduce atmospheric NH3, CH4 and PM2.5 emissions from the main contributors, national air pollution control programmes should include measures applicable to the agricultural sector. These measures should be cost-effective and based on specific information and data, taking account of scientific progress and previous measures undertaken by Member States. The development of guidelines on good agricultural practice for using NH3, to be exchanged at Union level, would also be desirable in an attempt to reduce these emissions. Member States should be entitled to implement measures other than those set out in this Directive with an equivalent level of environmental performance owning to specific national circumstances.

Amendment    12

Proposal for a directive

Recital 13 a (new)

Text proposed by the Commission

Amendment

 

(13a) In order to reduce emissions from the main contributors, national air pollution control programmes should include measures applicable to all relevant sectors, including agriculture, industry, road transport, non-road mobile machinery, inland and domestic shipping, domestic heating and solvents. Member States should be entitled to implement measures other than those set out in this Directive with an equivalent level of environmental performance taking into account specific national circumstances.

Amendment    13

Proposal for a directive

Recital 13 b (new)

Text proposed by the Commission

Amendment

 

(13b) In taking measures to be included in national air control programmes which are applicable to the agricultural sector, Member States should ensure that impacts on small to medium-sized farms are fully taken into account and these impacts do not entail significant additional costs that cannot be borne by such farms. Improvements in air quality should be achieved through proportionate measures that safeguard the future of agricultural holdings. The national air pollution control programmes should provide a balance between animal husbandry and pollution control.

Amendment    14

Proposal for a directive

Recital 13 c (new)

Text proposed by the Commission

Amendment

 

(13c) The measures taken under national air pollution control programmes to prevent NH3, CH4 and PM2.5 emissions in the agricultural sector should be eligible for financial support under, inter alia, the Rural Development Funds, in particular measures by small and medium-sized farms requiring significant changes of practices or significant investments such as extensive grazing, agroecology, anaerobic digestion for biogas production using farm waste, and low emission housing systems.

Amendment    15

Proposal for a directive

Recital 14 a (new)

Text proposed by the Commission

Amendment

 

(14a) In order to improve air quality, particularly in urban areas, national air pollution control programmes should include measures to reduce emissions of nitrogen oxides and particulate matter in those areas.

Justification

In addition to the introduction of technical solutions at EU level (e.g. euro standards), Member States should draw up, adopt and implement non-technical measures which can significantly reduce vehicle air pollution and improve people’s health and environment.

Amendment    16

Proposal for a regulation

Recital 15 a (new)

Text proposed by the Commission

Amendment

 

(15a) In accordance with the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters, the case law of the Court of Justice, the public should be given wide access to justice in order to ensure the effective implementation and enforcement of this Directive and to contribute to the protection of the right to live in an environment which is adequate for personal health and well-being.

Amendment    17

Proposal for a directive

Recital 15 b (new)

Text proposed by the Commission

Amendment

 

(15b) Environmental inspections and market surveillance are needed in order to ensure the effectiveness of this Directive and of measures adopted pursuant to the achievement of its objectives.

Amendment    18

Proposal for a directive

Recital 15 c (new)

Text proposed by the Commission

Amendment

 

(15c) When assessing the synergies between EU air quality policy and climate and energy policy the Commission should take account of the European Parliamentary Research Service's study "Air Quality - Complementary Impact Assessment on interactions between EU air quality policy and climate and energy policy".

Amendment    19

Proposal for a directive

Recital 21

Text proposed by the Commission

Amendment

(21) In order to take into account technical developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the reporting guidelines set out in Annex I, as well as Part 1 of Annex III and Annexes IV and V to adapt them to technical progress. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(21) In order to take into account technical developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission for a determinate period in respect of amending the reporting guidelines set out in Annex I, as well as Part 1 of Annex III and Annexes IV and V to adapt them to technical progress. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Amendment    20

Proposal for a directive

Recital 23

Text proposed by the Commission

Amendment

(23) Member States should lay down rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.

(Does not affect English version)

linguistic amendment – not voted

Amendment    21

Proposal for a directive

Recital 26 a (new)

Text proposed by the Commission

Amendment

 

(26a) The candidate and potential candidate countries should align, as much as possible, their national laws with this Directive.

Amendment    22

Proposal for a directive

Article 1 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

This Directive aims at limiting atmospheric emissions of acidifying and eutrophying pollutants, ozone precursors, primary particulate matter and precursors of secondary particulate matter and other air pollutants, thereby contributing to:

 

(a) the Union's long-term objective of achieving levels of air quality that do not give rise to significant negative impacts on and risks to human health and the environment, in line with the air quality guidelines published by the World Health Organisation;

 

(b) the achievement of Union biodiversity and ecosystem objectives by reducing the levels and deposition of acidifying and eutrophying pollutants, and other pollutants, including ground-level ozone, below critical loads and levels;

 

(c) the achievement of the air quality objectives set out in legislative acts of the Union;

 

(d) the mitigation of climate change impacts by reducing emissions of short-lived climate pollutants and by improving synergies with Union climate and energy policy;

 

This Directive shall in particular, be aligned with evolving Union and international climate change action, including, but not limited to, the 2030 policy framework for climate and energy and a comprehensive, binding global climate change agreement.

Amendment    23

Proposal for a directive

Article 3 – point 3 a (new)

Text proposed by the Commission

Amendment

 

3a. "critical load" means a quantitative estimate of an exposure to one or more pollutants below which, according to present knowledge, significant adverse effects on specified sensitive elements of the environment do not occur;

Justification

This definition is derived from the existing NEC Directive 2001/81/EC, and is necessary to provide clarity and consistency.

Amendment    24

Proposal for a regulation

Article 3 – point 3 b (new)

Text proposed by the Commission

Amendment

 

3b. "critical level" means the concentration of pollutants in the atmosphere above which, according to present knowledge, direct adverse effects on receptors, such as human beings, plants, ecosystems or materials, may occur.

Justification

This definition is derived from the existing NEC Directive 2001/81/EC, and is necessary to provide clarity and consistency.

Amendment    25

Proposal for a directive

Article 3 – point 4 a (new)

Text proposed by the Commission

Amendment

 

4a. "ground-level ozone" means ozone in the lowermost part of the troposphere;

Justification

This definition is derived from the existing NEC Directive 2001/81/EC, and is necessary to provide clarity and consistency.

Amendment    26

Proposal for a directive

Article 3 – point 4 b (new)

Text proposed by the Commission

Amendment

 

4b. "volatile organic compounds" (VOCs) mean all organic compounds arising from human activities, other than methane, which are capable of producing photochemical oxidants by reactions with nitrogen oxides in the presence of sunlight.

Justification

This definition is derived from the existing NEC Directive 2001/81/EC, and is necessary to provide clarity and consistency.

Amendment    27

Proposal for a directive

Article 3 – point 5

Text proposed by the Commission

Amendment

5. ‘non-methane volatile organic compounds’ (NMVOC) means all organic compounds of an anthropogenic nature, other than methane, that are capable of producing photochemical oxidants by reaction with nitrogen oxides in the presence of sunlight;

5. ‘non-methane volatile organic compounds’ (NMVOC) means all organic compounds of an anthropogenic origin, other than methane, that are capable of producing photochemical oxidants by reaction with nitrogen oxides in the presence of sunlight;

Justification

Linguistic amendment ­ not voted.

Amendment    28

Proposal for a directive

Article 3 – point 6 a (new)

Text proposed by the Commission

Amendment

 

6a. "national emission ceiling" means the maximum amount of a substance expressed in kilotonnes, which may be emitted in a Member State in a calendar year;

Justification

This definition is derived from the existing NEC Directive 2001/81/EC, and is necessary to provide clarity and consistency.

Amendment    29

Proposal for a directive

Article 3 – point 9

Text proposed by the Commission

Amendment

9. ‘international maritime traffic' means journeys at sea and in coastal waters by water-borne vessels of all flags, save fishing vessels, that depart from the territory of one country and arrive in the territory of another country;

deleted

Amendment    30

Proposal for a directive

Article 3 – point 12 a (new)

Text proposed by the Commission

Amendment

 

12a. "EU source-based air pollution policies" means Regulations or Directives which, irrespective of the obligations laid down in those Regulations or Directives, have as a goal, whether partially or not, to reduce the emissions of sulphur dioxide (SO2), nitrogen oxides (NOx), non-methane volatile organic compounds (NMVOC), ammonia (NH3), particulate matter (PM2,5) and methane (CH4), by undertaking mitigation measures at the source, including at least, but not exclusively, the reductions of emissions accomplished by:

 

- Directive 94/63/EC1a,

 

- Directive 97/68/EC1b,

 

- Directive 98/70/EC1c;

 

- Directive 1999/32/EC1d,

 

- Directive 2009/126/EC1e,

 

- Directive 2004/42/EC1f,

 

- Directive 2007/46/EC1g, including Regulation (EC) No 715/20071h,

 

Regulation (EC) No 79/20091i,

 

Regulation (EC) No 595/2009 1jand Regulation (EC) No 661/20091k,

 

- Directive 2010/75/EU1l,

 

- Regulation (EU) No 167/20131m,

 

- Regulation (EU) No 168/20131n,

 

- Directive 2014/94/EU1o.

 

_______________________

 

1a European Parliament and Council Directive 94/63/EC of 20 December 1994 on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations (OJ L 365, 31.12.1994, p. 24).

 

1b Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (OJ L 59, 27.2.1998, p. 1).

 

1c Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (OJ L 350, 28.12.1998, p. 58).

 

1d Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC (OJ L 121, 11.5.1999, p. 13).

 

1e Directive 2009/126/EC of the European Parliament and of the Council of 21 October 2009 on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations (OJ L 285, 31.10.2009, p. 36).

 

1f Directive 2004/42/CE of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC (OJ L 143, 30.4.2004, p. 87).

 

1g Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p. 1).

 

1h Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1).

 

1i Regulation (EC) No 79/2009 of the European Parliament and of the Council of 14 January 2009 on type-approval of hydrogen-powered motor vehicles, and amending Directive 2007/46/EC (OJ L 35, 4.2.2009, p. 32).

 

1j Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (OJ L 188, 18.7.2009, p. 1).

 

1k Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (OJ L 200, 31.7.2009, p. 1).

 

1l Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).

 

1m Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (OJ L 60, 2.3.2013, p. 1).

 

1n Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, p. 52).

 

1o Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1).

Justification

In the context of Better Regulation ambitions of the new Commission, 'EU source-based air pollution policies' are added to the Directive. Air Quality policy should henceforth take into account and evaluate the implementation of EU source-based air pollution policies in order to prevent overlap, enhance synergy and understand success or failure on the part of certain Member States.

Amendment    31

Proposal for a regulation

Article 3 – point 12 b (new)

Text proposed by the Commission

Amendment

 

12b. "the public concerned" means the public affected or likely to be affected by, or having an interest in emissions of air pollution into the atmosphere; for the purposes of this definition, non-governmental organisations promoting environmental protection, consumer organisations, organisations representing the interests of vulnerable populations and other relevant health-care bodies meeting requirements under national law shall be deemed to have an interest.

Amendment    32

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall, as a minimum, limit their annual anthropogenic emissions of sulphur dioxide (SO2), nitrogen oxides (NOx), volatile organic compounds other than methane (NMVOC), ammonia (NH3), particulate matter (PM2,5) and methane (CH4) in accordance with the national emission reduction commitments applicable from 2020 and 2030, as laid down in Annex II.

1. Member States shall, as a minimum, limit their annual anthropogenic emissions of sulphur dioxide (SO2), nitrogen oxides (NOx), non-methane volatile organic compounds (NMVOC), ammonia (NH3), particulate matter (PM2,5) and mercury (Hg) in accordance with the national emission reduction commitments applicable from 2020, 2025 and 2030, as laid down in Annex II.

Amendment    33

Proposal for a directive

Article 4 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. Member States shall, as a minimum, limit their annual anthropogenic emissions of methane (CH4) in accordance with the national emission reduction commitments applicable from 2030, as laid down in Annex II.

Amendment    34

Proposal for a directive

Article 4 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

Without prejudice to paragraph 1, Member States shall take all the necessary measures not entailing disproportionate costs to limit their 2025 anthropogenic emissions of SO2, NOx, NMVOC, NH3, PM2,5 and CH4. The levels of those emissions shall be determined on the basis of fuels sold, by a linear reduction trajectory established between their emission levels for 2020 and the emission levels defined by the emission reduction commitments for 2030.

Member States shall provide, in their reports submitted to the Commission in accordance with Article 9, updates on their progress towards achieving their national emission reduction commitments.

Amendment    35

Proposal for a directive

Article 4 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. The following emissions are not accounted for the purpose of complying with paragraphs 1 and 2:

3. The following emissions are not taken into account for the purpose of complying with paragraph 1:

Amendment    36

Proposal for a directive

Article 4 – paragraph 3 – point d

Text proposed by the Commission

Amendment

(d) emissions from international maritime traffic, without prejudice to Article 5(1).

(d) emissions from international maritime traffic.

Amendment    37

Proposal for a directive

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

1. In order to comply with the intermediate emission levels determined for 2025 in accordance with Article 4, paragraph 2, and the national emission reduction commitments set out in Annex II applicable from 2030 onwards for NOx, SO2 and PM2,5, Member States may offset NOx, SO2 and PM2,5 emission reductions achieved by international maritime traffic against NOx, SO2 and PM2,5 emissions released by other sources in the same year, provided that they meet the following conditions:

deleted

(a) the emission reductions occur in the sea areas that fall within the Member States' territorial seas, exclusive economic zones or in pollution control zones if such zones have been established;

 

(b) they have adopted and implemented effective monitoring and inspection measures to ensure a proper operation of this flexibility;

 

(c) they have implemented measures to achieve lower NOx, SO2 and PM2,5 emissions from international maritime traffic than the emissions levels that would be achieved by compliance with the Union standards applicable to emissions of NOx, SO2 and PM2,5 and have demonstrated an adequate quantification of the additional emission reductions resulting from these measures;

 

(d) they have not offset more than 20% of the NOx, SO2 and PM2,5 emission reductions calculated in accordance with point (c), provided that the offset does not result in non-compliance with the national emission reduction commitments for 2020 set out in Annex II.

 

Amendment    38

Proposal for a directive

Article 5 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

Member States may jointly implement their methane emission reduction commitments and intermediate emission levels referred to in Annex II, provided that they meet the following conditions:

Member States may jointly implement their methane emission reduction commitments referred to in Annex II, provided that they meet the following conditions:

Amendment    39

Proposal for a directive

Article 5 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States may establish adjusted annual national emission inventories for SO2, NOx, NH3, NMVOC and PM2,5 in accordance with Annex IV where non-compliance with their national emission reduction commitments or their intermediate emission levels would result from applying improved emission inventory methods updated in accordance with scientific knowledge.

3. Member States may establish adjusted annual national emission inventories for SO2, NOx, NH3, NMVOC and PM2,5 in accordance with Annex IV where non-compliance with their national emission reduction commitments would result from applying improved emission inventory methods updated in accordance with scientific knowledge.

Justification

Your rapporteur believes that commitments under the NEC Directive should also be binding for 2025, which renders the reference to intermediate emission levels superfluous.

Amendment    40

Proposal for a directive

Article 5 – paragraph 4

Text proposed by the Commission

Amendment

4. Members States that intend to apply paragraphs 1, 2 and 3 shall inform the Commission by 30 September of the year preceding 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.

4. Members States that intend to apply one of the flexibilities under this Directive shall inform the Commission by 31 December of the year preceding 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.

Justification

The Commission proposal would bring forward the reporting date for reporting preliminary emissions for the previous year from 31 December to 30 September. This does not leave sufficient time to collate data and quality assure it.

Amendment    41

Proposal for a directive

Article 5 – paragraph 5 – subparagraph 1

Text proposed by the Commission

Amendment

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 requirements and criteria.

The Commission, assisted by the European Environment Agency, shall review and assess whether the use of a flexibility or adjustment for a particular year fulfils the relevant requirements and criteria.

Amendment    42

Proposal for a directive

Article 5 – paragraph 5 – subparagraph 2

Text proposed by the Commission

Amendment

Where the Commission has raised no objections within nine months from the date of receipt of the relevant report referred to in Article 7, paragraphs 4, 5 and 6, the Member State concerned shall consider the use of the flexibility applied to be accepted and valid for that year. Where the Commission considers the use of a flexibility not to be in accordance with the applicable requirements and criteria, it shall adopt a Decision and inform the Member State that it cannot be accepted.

Where the Commission has raised no objections within six months from the date of receipt of the relevant report referred to in Article 7, paragraphs 5 and 6, the Member State concerned shall consider the use of the flexibility applied to be accepted and valid for that year. Where the Commission considers the use of a flexibility not to be in accordance with the applicable requirements and criteria, it shall, within nine months from the date of receipt of the relevant report, adopt a Decision and inform the Member State that it cannot be accepted. The decision shall be accompanied by a justification.

Amendment    43

Proposal for a directive

Article 5 – paragraph 6

Text proposed by the Commission

Amendment

6. The Commission may adopt implementing acts specifying the detailed rules for the use of the flexibilities as referred to in paragraphs 1, 2 and 3, in accordance with the examination procedure referred to in Article 14.

6. The Commission may adopt implementing acts specifying the detailed rules for the use of a flexibility as referred to in paragraphs 2 and 3, in accordance with the examination procedure referred to in Article 14.

Amendment    44

Proposal for a directive

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall draw up and adopt a national air pollution control programme in accordance with Part 2 of Annex III in order to limit their annual anthropogenic emissions in accordance with Article 4.

1. Member States shall draw up and adopt a national air pollution control programme in accordance with Part 2 of Annex III in order to limit their annual emissions in accordance with Article 4, and to achieve the objectives of this Directive pursuant to Article 1.

Amendment    45

Proposal for a directive

Article 6 – paragraph 2 – subparagraph 1 – point a a (new)

Text proposed by the Commission

Amendment

 

(aa) consider the cost-effectiveness of emission reduction measures and take into account emission reductions that have been achieved or, if the Member State prioritises its emission reduction measures, can be achieved by applying existing Union legislation;

Amendment    46

Proposal for a directive

Article 6 – paragraph 2 – subparagraph 1 - point a b (new)

Text proposed by the Commission

Amendment

 

(ab) prioritise specific policy measures which aim at reducing risks to the health of vulnerable groups of people and to ensure compliance with the exposure reduction target established in accordance with Section B of Annex XIV to Directive 2008/50/EC;

Amendment    47

Proposal for a directive

Article 6 – paragraph 2 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(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;

(b) reduce air pollutant emissions for the purpose of reaching compliance with air quality objectives in their territories, in particular the limit values under Directive 2008/50/EC, and, where appropriate in neighbouring Member States;

Amendment    48

Proposal for a directive

Article 6 – paragraph 2 – subparagraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) quantify the additional emission reductions needed in order to meet by 2030 ambient air quality levels equal to or below the levels as recommended by the World Health Organisation;

Amendment    49

Proposal for a directive

Article 6 – paragraph 2 – subparagraph 1 – points b b (new)

Text proposed by the Commission

Amendment

 

(bb) quantify the additional emission reductions needed in order to reach the critical loads and levels for the protection of the environment by 2030;

Amendment    50

Proposal for a directive

Article 6 – paragraph 2 – subparagraph 1 – points b c (new)

Text proposed by the Commission

Amendment

 

(bc) identify relevant measures to meet the objectives referred to in (ba) and (bb).

Amendment    51

Proposal for a directive

Article 6 – paragraph 2 – subparagraph 1 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca) support the shift of investments towards clean and efficient technologies and sustainable production with the help of fiscal incentives;

Amendment    52

Proposal for a directive

Article 6 – paragraph 2 – subparagraph 1 – point c b (new)

Text proposed by the Commission

Amendment

 

(cb) Assess the extent to which different national geographic regions have distinct needs and difficulties in tackling air pollution.

Amendment    53

Proposal for a directive

Article 6 – paragraph 2 – subparagraph 1 – point d a (new)

Text proposed by the Commission

Amendment

 

(da) ensure that the relevant competent authorities monitor the effectiveness of measures brought into force by Member States in order to comply with this Directive and, if necessary, are empowered to take action.

Amendment    54

Proposal for a directive

Article 6 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. The Commission shall ensure that all EU source-based air pollution policies are fit for purpose and contribute towards reaching the Union air quality objectives.

 

To this end, the Commission and the Member States shall immediately agree on the new Euro 6 Real Driving Emissions (RDE) regulation proposal currently under consideration.

 

The new type approval test method shall apply no later than 2017 and shall ensure that pollutants such as NOx, and particulate matter (PM2.5 and PM10) are effectively limited under conformity factors that are necessary to represent real driving conditions.

 

These conformity factors shall be strict and quantified to represent only the uncertainty of the RDE test procedure.

Amendment    55

Proposal for a directive

Article 6 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

 

2b. Member States shall establish a system of routine and non-routine environmental inspections and market surveillance and public reporting of mobile and stationary sources to ensure that policies and measures are effective in delivering emission reductions under real operating conditions.

 

By ... * the Commission shall present a legislative proposal for a Union-wide system of in-use surveillance testing and public reporting of emission standards for light duty vehicles, administered by the relevant competent authority, in order to verify that vehicles and engines are Euro 6 compliant throughout their full useful life.

 

______________

 

*OJ: Please insert the date two years from the date of transposition of this Directive.

Amendment    56

Proposal for a directive

Article 6 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. Member States may support the gradual elimination of the sources of low-level emissions by encouraging the replacement, in the transport and fuel supply sector, of porous hoses by emission-free hose technologies.

Justification

Hydrocarbons contribute to the build-up of low-level ozone. Standard fuelling hoses sometimes allow hydrocarbons to escape, and this can be prevented by using modern. emission-free systems.

Amendment    57

Proposal for a directive

Article 6 – paragraph 4 – point b

Text proposed by the Commission

Amendment

(b) Member States decide to make use of any of the flexibilities set out in Article 5.

(b) Member States decide to make use of a flexibility* set out in Article 5.

 

 

Amendment    58

Proposal for a directive

Article 6 – paragraph 4 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

National air pollution control programmes shall indicate whether Member States intend to make use of a flexibility set out in Article 5.

Amendment    59

Proposal for a directive

Article 6 – paragraph 5

Text proposed by the Commission

Amendment

5. Member States shall consult, in accordance with relevant Union legislation, the public and 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 programme and any significant updates prior to their finalisation. Where appropriate, transboundary consultations shall be ensured in accordance with relevant Union legislation.

5. Member States shall consult, in accordance with relevant Union legislation, 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 programme and all updates prior to their finalisation. These consultations shall include the relevant local or regional authorities responsible for implementing emission abatement policies in specified zones and/or agglomerations, and shall not exclude zones and/or agglomerations which are located in at least two Member States.

Amendment    60

Proposal for a directive

Article 6 – paragraph 5 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

Member States shall ensure, in accordance with relevant Union law, that members of the public concerned are consulted at an early stage in the drawing up and review of draft national air pollution control programmes and in any updates of those programmes prior to their finalisation. Where appropriate, transboundary consultations shall be ensured in accordance with relevant Union law, including Article 25 of Directive 2008/50/EC.

Amendment    61

Proposal for a directive

Article 6 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

 

5a. Member States shall appoint their own independent expert body to conduct a review of draft national air pollution programmes to assess the accuracy of the information and the adequacy of the policies and measures set out in those programmes. The results of that review shall be made publicly available prior to the publication of the draft national air pollution control programme in order to facilitate meaningful public participation.

Amendment    62

Proposal for a directive

Article 6 – paragraph 6 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

The Commission shall provide guidance for emission reduction measures not included in Part 1 of Annex III, including domestic heating and road transport, which Member States may include in the national air pollution control programme.

Amendment    63

Proposal for a directive

Article 6 – paragraph 8

Text proposed by the Commission

Amendment

8. The Commission may establish guidance on the elaboration and implementation of national air pollution control programmes.

8. The Commission shall establish guidance on the elaboration and implementation of national air pollution control programmes.

Amendment    64

Proposal for a directive

Article 6 – paragraph 9

Text proposed by the Commission

Amendment

9. The Commission may also specify the format and the necessary information concerning Member States' national air pollution control programmes in the form of implementing acts. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14.

9. The Commission shall also specify the format and the necessary information concerning Member States' national air pollution control programmes in the form of implementing acts. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14.

Justification

In order to ensure a harmonized format of the national air pollution control programmes, an implementing act is necessary.

Amendment    65

Proposal for a directive

Article 6 a (new)

Text proposed by the Commission

Amendment

 

Article 6a

 

Clean Air Fund

 

The Commission shall facilitate access to financial support to help ensure that appropriate measures can be taken to comply with the objectives of this Directive.

 

This shall include available funding under, inter alia:

 

(a) agricultural funding, including that available under the Common Agricultural Policy 2014-2020, as amended in the 2017 mid-term review to include Air Quality as a public good with particular reference to ammonia or methane, or both, so as to offer Member States and relevant regional and local authorities the opportunity to contribute to emission reductions with specific measures, and for assistance to do so;

 

(b) future work programmes of the Horizon 2020 - the Framework Programme for Research and Innovation;

 

(c) European Structural and Investment Funds;

 

(d) Funding instruments for the environment and climate action such as LIFE;

 

(e) any combination of the above.

 

The Commission shall ensure that funding procedures are simple, transparent and accessible to different levels of government.

 

The Commission shall evaluate the possibility of creating a one-stop shop, where entities can easily find the availability of funds and the procedures related to access projects which address air pollution concerns.

Amendment    66

Proposal for a directive

Article 7 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Member States should 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.

Member States shall 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.

Justification

Reporting by Member States should compulsory. Linguistic amendment ­ not voted.

Amendment    67

Proposal for a directive

Article 7 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States that apply the flexibility under Article 5(1) shall include the following information in the informative inventory report of the year concerned:

deleted

(a) the quantity of emissions of NOx, SO2 and PM2,5 that would have occurred in the absence of an emission control area;

 

(b) the level of emission reductions attained in the Member State's part of the emission control area in accordance with Article 5(1)(c);

 

(c) the extent to which they apply this flexibility;

 

(d) any additional data Member States may deem appropriate to allow the Commission, assisted by the European Environment Agency, to carry out a complete assessment of the conditions under which the flexibility has been implemented.

 

Amendment    68

Proposal for a directive

Article 7 – paragraph 7

Text proposed by the Commission

Amendment

7. Member States shall establish the emission inventories, including adjusted emission inventories, emission projections and the informative inventory report in accordance with Annex IV.

7. Member States shall establish the emission inventories, including if appropriate adjusted emission inventories, emission projections and the informative inventory report in accordance with Annex IV.

Justification

The adjusted emission inventories are established only in case that MS opt for the flexibility provided in Article 5(3).

Amendment    69

Proposal for a directive

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure, if practicable, the monitoring of adverse impacts of air pollution upon ecosystems in accordance with the requirements laid down in Annex V.

1. Member States shall monitor the adverse impacts of air pollution upon ecosystems in accordance with the requirements laid down in Annex V.

Amendment    70

Proposal for a directive

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall, where appropriate, coordinate the monitoring of air pollution impacts with other monitoring programmes established by virtue of Union legislation, including Directive 2008/50/EC and Directive 2000/60/EC of the European Parliament and of the Council.30

2. Member States shall coordinate the monitoring of air pollution impacts with other monitoring programmes established by virtue of Union legislation, including Directive 2008/50/EC and Directive 2000/60/EC of the European Parliament and of the Council.30

__________________

__________________

30 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1)

30 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1)

Amendment    71

Proposal for a directive

Article 9 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

1. Member States shall provide their national air pollution control programme to the Commission [within three months of the date referred to in Article 17, date to be inserted by OPOCE] and updates every two years thereafter.

1. Member States shall provide their national air pollution control programme to the Commission by ...* and updates every two years thereafter.

 

_________________

 

* OJ: Please insert the date six months after entry into force of this Directive.

Amendment    72

Proposal for a directive

Article 9 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Where a national air pollution control programme is updated under Article 6(4), the Member State concerned shall inform the Commission thereof within two months.

Where a national air pollution control programme is updated under Article 6(4), the Member State concerned shall communicate the updated programme to the Commission within two months.

Amendment    73

Proposal for a directive

Article 9 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

2. Member States shall from 2017 communicate their national emission inventories, emission projections, spatially disaggregated emission inventories, large point source inventories and reports referred to in Article 7(1), (2) and (3) and, where relevant, Article 7(4), (5) and (6), to the Commission and to the European Environmental Agency in accordance with the reporting dates set out in Annex I.

2. Member States shall from 2017 communicate their national emission inventories, emission projections, spatially disaggregated emission inventories, large point source inventories and reports referred to in Article 7(1), (2) and (3) and, where relevant, Article 7 (5) and (6), to the Commission and to the European Environmental Agency in accordance with the reporting dates set out in Annex I.

Amendment    74

Proposal for a directive

Article 9 – paragraph 4 – introductory part

Text proposed by the Commission

Amendment

4. The Commission, assisted by the European Environment Agency and the Member States shall regularly review the national emission inventory data. This review shall involve the following:

4. The Commission, assisted by the European Environment Agency and the Member States shall regularly review the national emission inventory data and national air pollution control programmes. This review shall involve the following:

Amendment    75

Proposal for a directive

Article 9 – paragraph 4 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca) checks to verify that national air pollution control programmes satisfy the requirements under Article 6.

Amendment    76

Proposal for a directive

Article 9 – paragraph 4 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

The results of the Commission review shall be made publicly available, in accordance with Article 11.

Amendment    77

Proposal for a directive

Article 10 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

1. The Commission shall, every five years at least, report to the European Parliament and the Council on the progress on implementing this Directive, including an assessment of its contribution to the achievement of the objectives of this Directive.

1. The Commission shall, every 30 months starting from ...* present a report to the European Parliament and the Council on the implementation of this Directive. In doing so, the Commission shall assess:

 

a) Its contribution and Members States’ efforts, to achieving the objectives of this Directive;

 

b) the progress in the reduction of air pollutants’ emissions up to 2025 and 2030;

 

(c) the progress towards achieving the long term objectives of air quality aims established in the seventh Environment Action Programme;

 

(d) whether the critical loads and levels and World Health Organisation air pollution guide values are exceeded; and

 

(e) Member States' uptake of available EU funding, where such funding has been used to target air pollution reduction.

 

______________

 

*OJ: Please insert the date of entry into force of this Directive.

Amendment    78

Proposal for a regulation

Article 10 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

When reporting on Member States’ emission reductions for the year 2020, 2025 and 2030, the Commission shall include the reasons for non-achievement, where applicable.

Amendment    79

Proposal for a regulation

Article 10 – paragraph 1 – subparagraph 1 b (new)

Text proposed by the Commission

Amendment

 

Where the report indicates that Member States are unable to comply with Union law and the air quality limit values laid down in Directive 2008/50/EC, the Commission shall:

 

(a) assess whether the non-achievement is the result of ineffective EU source-based air pollution policy, including its implementation at Member State level,

 

(b) consult with the Committee referred to in Article 14 and identify where there is a need for new source legislation and, where appropriate, present legislative proposals so to ensure compliance with the targets of this Directive. Any such proposal shall be supported by a robust impact assessment and reflect the latest scientific data.

Amendment    80

Proposal for a directive

Article 10 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

The Commission shall in any case report as above for the year 2025, and shall also include information on the achievement of the intermediate emission levels referred to in Article 4 paragraph 2 and the reasons for any non-achievement. It shall identify the need for further action also considering the sectorial impacts of implementation.

On the basis of these reports, the Commission shall, together with Member States, identify the need for further action to be taken, including at national level, also considering the sectorial impacts of implementation.

Amendment    81

Proposal for a directive

Article 10 – paragraph 2

Text proposed by the Commission

Amendment

2. The reports referred to in paragraph 1 may include an evaluation of the environmental and socioeconomic impacts of this Directive.

2. The reports referred to in paragraph 1 shall include an evaluation of the health, environmental, and socioeconomic impacts of this Directive, including the impact on Member State health systems and the cost of non-implementation. The Commission shall make those reports publicly available.

Amendment    82

Proposal for a directive

Article 10 a (new)

Text proposed by the Commission

Amendment

 

Article 10 a

 

European Clean Air Forum

 

The Commission shall set up a European Clean Air Forum to facilitate the coordinated implementation of the Clean Air Programme and bring together all relevant actors including the Member States’ competent authorities at all relevant levels, the Commission, industry, civil society, and the scientific community every two years. The Clean Air Forum shall oversee the establishment of guidance on the elaboration and implementation of national air pollution control programmes, the evolution of the emissions reduction paths, including the assessment of the reporting requirements.

Justification

Communication COM(2013) 918 states that the European Commission will set up a Clean Air Forum to facilitate the coordinated implementation of this Directive every two years. This forum should issue guidance to national authorities responsible for implementation of the NECD and other Union air quality legislation.

Amendment    83

Proposal for a directive

Article 11 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) progress by Member States in achieving the country's specific 2025 and 2030 binding air pollution targets for each pollutant.

Amendment    84

Proposal for a directive

Article 11 – paragraph 1 – point b b (new)

Text proposed by the Commission

Amendment

 

(bb) the results of the review referred to in Article 9(4).

Amendment    85

Proposal for a directive

Article 11 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. Member States shall ensure that the public concerned have access to administrative or judicial procedures to challenge acts and omissions by competent authorities or private persons which do not comply with this Directive.

 

Such procedures shall provide adequate and effective remedies, including interim relief as appropriate, and be fair, equitable, timely and not prohibitively expensive.

 

Member States shall ensure that information on how to access such procedures is made publicly available and shall consider the establishment of appropriate assistance mechanisms to remove or reduce financial and other barriers to access to justice.

Amendment    86

Proposal for a directive

Article 11 a (new)

Text proposed by the Commission

Amendment

 

Article 11 a

 

Based on the reports referred to in Article 10(1), the Commission shall review this Directive no later than 2025 with a view to safeguarding progress towards achieving the World Health Organisation's recommended air quality levels and the long term vision as set out in the seventh Environment Action Programme. In particular, the Commission shall, if appropriate, and taking into account scientific and technological progress, propose changes to the national emissions reduction commitments in Annex II;

 

On the basis of the regular reports referred to in to in Article 10(1) the Commission shall consider measures for reducing emissions from international shipping particularly in Member States' territorial waters and exclusive economic zones, and, if appropriate, submit a legislative proposal.

Amendment    87

Proposal for a directive

Article 12

Text proposed by the Commission

Amendment

The Union and the Member States, as appropriate, shall pursue bilateral and multilateral cooperation with third countries and coordination within relevant international organisations such as the United Nations Environment Programme (UNEP), United Nations Economic Commission for Europe (UNECE), the International Maritime Organization (IMO) and the International Civil Aviation Organization (ICAO), including through the exchange of information, concerning technical and scientific research and development, with the aim of improving the basis for emission reductions.

The Union and the Member States, as appropriate, shall pursue bilateral and multilateral cooperation with third countries and coordination within relevant international organisations such as the United Nations Environment Programme (UNEP), United Nations Economic Commission for Europe (UNECE), the Food and Agriculture Organization of the United Nations (FAO), the International Maritime Organization (IMO) and the International Civil Aviation Organization (ICAO), including through the exchange of information, concerning technical and scientific research and development, with the aim of improving the basis for emission reductions. Member States shall conduct cross-border consultations on mutual threats posed by emissions from adjacent industrial regions in those countries and the Member States concerned shall develop joint plans to eliminate or reduce those emissions.

Justification

Neighbouring Member States should conduct consultations and develop joint plans to eliminate or reduce emissions, particularly in cases where they have industrial regions that are adjacent to one another.

Amendment    88

Proposal for a directive

Article 13 – paragraph 2

Text proposed by the Commission

Amendment

2. The delegation of power referred to in Articles 6(7), 7(9) and 8(3) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Directive.

2. The power to adopt delegated acts referred to in Articles 6(7), 7(9) and 8(3) shall be conferred on the Commission for a period of 5 years from ...*. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of five-year period. The delegation of power shall be tacitly extended for periods of identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

 

_______________

 

* OJ: Please insert the date of entry into force of this Directive.

Amendment    89

Proposal for a directive

Article 15

Text proposed by the Commission

Amendment

Member States shall lay down the rules on the penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.

Member States shall lay down the rules on the penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those measures no later than ...* and shall notify it without delay of any subsequent amendment thereto.

 

_________________

 

* OJ: Please insert the date of entry into force of this Directive.

Justification

The Commission should be in a position to ensure penalties are effective and proportionate between and within Member States, particularly given the trans-boundary nature of air pollution.

Amendment    90

Proposal for a directive

Article 15 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

Without prejudice to paragraph 1, Member States shall not pass on the burden of compliance to authorities which do not have the strategic powers to comply with the requirements of the Directive.

Justification

In such a case where a Member State is in breach of its obligations under the NECD, it is important to protect local authorities, many of which are operating under restricted budgets, from being burdened with fines as a result of an infringement procedure.

Amendment    91

Proposal for a directive

Annex I – table A– row 5

 

Text proposed by the Commission

Preliminary national emissions by aggregated NFR(2)

- SO2, NOX, NH3, NMVOC, PM2,5

Annual, for reporting year minus 1 (X-1)

30/09

 

Amendment

Preliminary national emissions by aggregated NFR(2)

- SO2, NOX, NH3, NMVOC, PM2,5

every two years, for reporting year minus 1 (X-1)

31/12

Justification

The Commission proposal would bring forward the reporting date for reporting preliminary emissions for the previous year from 31 December to 30 September. This does not leave sufficient time to collate data and quality assure it.

Amendment    92

Proposal for a directive

Annex II – table a

 

Text proposed by the Commission

Table (a): Emission reduction commitments for sulphur dioxide (SO2), nitrogen oxides (NOx) and non-methane volatile organic compounds (NMVOC). Fuels sold, base year 2005.

Member State

SO2 reduction compared with 2005

NOx reduction compared with 2005

NMVOC reduction compared with 2005

For any year from 2020 to 2029

 

For any year from 2030

For any year from 2020 to 2029

 

For any year from 2030

For any year from 2020 to 2029

 

For any year from 2030

Belgium

43%

 

68%

41%

 

63%

21%

 

44%

Bulgaria

78%

 

94%

41%

 

65%

21%

 

62%

Czech Republic

45%

 

72%

35%

 

66%

18%

 

57%

Denmark

35%

 

58%

56%

 

69%

35%

 

59%

Germany

21%

 

53%

39%

 

69%

13%

 

43%

Estonia

32%

 

71%

18%

 

61%

10%

 

37%

Greece

74%

 

92%

31%

 

72%

54%

 

67%

Spain

67%

 

89%

41%

 

75%

22%

 

48%

France

55%

 

78%

50%

 

70%

43%

 

50%

Croatia

55%

 

87%

31%

 

66%

34%

 

48%

Ireland

65%

 

83%

49%

 

75%

25%

 

32%

Italy

35%

 

75%

40%

 

69%

35%

 

54%

Cyprus

83%

 

95%

44%

 

70%

45%

 

54%

Latvia

8%

 

46%

32%

 

44%

27%

 

49%

Lithuania

55%

 

72%

48%

 

55%

32%

 

57%

Luxemburg

34%

 

44%

43%

 

79%

29%

 

58%

Hungary

46%

 

88%

34%

 

69%

30%

 

59%

Malta

77%

 

98%

42%

 

89%

23%

 

31%

Netherlands

28%

 

59%

45%

 

68%

8%

 

34%

Austria

26%

 

50%

37%

 

72%

21%

 

48%

Poland

59%

 

78%

30%

 

55%

25%

 

56%

Portugal

63%

 

77%

36%

 

71%

18%

 

46%

Romania

77%

 

93%

45%

 

67%

25%

 

64%

Slovenia

63%

 

89%

39%

 

71%

23%

 

63%

Slovakia

57%

 

79%

36%

 

59%

18%

 

40%

Finland

30%

 

30%

35%

 

51%

35%

 

46%

Sweden

22%

 

22%

36%

 

65%

25%

 

38%

United Kingdom

59%

 

84%

55%

 

73%

32%

 

49%

EU 28

59%

 

81%

42%

 

69%

28%

 

50%

 

Amendment

Table (a): Emission reduction commitments for sulphur dioxide (SO2), nitrogen oxides (NOx) and non-methane volatile organic compounds (NMVOC). Fuels sold, base year 2005.

Member State

SO2 reduction compared with 2005

NOx reduction compared with 2005

NMVOC reduction compared with 2005

For any year from 2020 to 2024

For any year from 2025 to 2029

For any year from 2030

For any year from 2020 to 2024

For any year from 2025 to 2029

For any year from 2030

For any year from 2020 to 2024

For any year from 2025 to 2029

For any year from 2030

Belgium

43%

69%

70%

41%

61%

67%

21%

45%

46%

Bulgaria

78%

93%

94%

41%

64%

68%

21%

61%

64%

Czech Republic

45%

70%

74%

35%

63%

70%

18%

55%

58%

Denmark

35%

58%

64%

56%

66%

72%

35%

58%

60%

Germany

21%

48%

54%

39%

65%

71%

13%

42%

44%

Estonia

32%

70%

71%

18%

57%

63%

10%

35%

65%

Greece

74%

91%

93%

31%

69%

74%

54%

68%

70%

Spain

67%

89%

89%

41%

72%

78%

22%

48%

49%

France

55%

78%

80%

50%

68%

74%

43%

49%

52%

Croatia

55%

86%

87%

31%

65%

70%

34%

52%

56%

Ireland

65%

84%

86%

49%

67%

79%

25%

34%

39%

Italy

35%

76%

77%

40%

67%

72%

35%

54%

56%

Cyprus

83%

97%

97%

44%

69%

73%

45%

54%

56%

Latvia

8%

50%

50%

32%

38%

49%

27%

58%

60%

Lithuania

55%

74%

75%

48%

53%

60%

32%

60%

64%

Luxemburg

34%

46%

48%

43%

76%

82%

29%

58%

59%

Hungary

46%

87%

88%

34%

68%

74%

30%

57%

60%

Malta

77%

98%

99%

42%

86%

90%

23%

32%

32%

Netherlands

28%

57%

61%

45%

67%

72%

8%

35%

37%

Austria

26%

53%

57%

37%

71%

77%

21%

48%

50%

Poland

59%

76%

81%

30%

52%

62%

25%

55%

59%

Portugal

63%

79%

80%

36%

70%

75%

18%

47%

47%

Romania

77%

92%

93%

45%

65%

71%

25%

64%

66%

Slovenia

63%

90%

90%

39%

68%

75%

23%

64%

65%

Slovakia

57%

79%

80%

36%

57%

63%

18%

40%

42%

Finland

30%

32%

36%

35%

47%

54%

35%

47%

54%

Sweden

22%

18%

20%

36%

63%

67%

25%

35%

39%

United Kingdom

59%

83%

85%

55%

71%

75%

32%

50%

51%

EU 28

59%

80%

83%

42%

66%

72%

28%

50%

53%

 

Justification

The national emission reduction figures for the years 2025 and 2030 on the basis of the European Parliament's Impact Assessment and the most cost effective option for reducing emissions taking into account climate and energy policy.

Amendment    93

Proposal for a directive

Annex II – table b

 

Text proposed by the Commission

Table (b): Emission reduction commitments for ammonia (NH3), fine particulate matter (PM2,5) and methane (CH4). Fuels sold, base year 2005.

Member State

NH3 reduction compared with 2005

PM2,5 reduction compared with 2005

CH4 reduction compared with 2005

For any year from 2020 to 2029

 

For any year from 2030

For any year from 2020 to 2029

 

For any year from 2030

 

For any year from 2030

Belgium

2%

 

16%

20%

 

47%

 

26%

Bulgaria

3%

 

10%

20%

 

64%

 

53%

Czech Republic

7%

 

35%

17%

 

51%

 

31%

Denmark

24%

 

37%

33%

 

64%

 

24%

Germany

5%

 

39%

26%

 

43%

 

39%

Estonia

1%

 

8%

15%

 

52%

 

23%

Greece

7%

 

26%

35%

 

72%

 

40%

Spain

3%

 

29%

15%

 

61%

 

34%

France

4%

 

29%

27%

 

48%

 

25%

Croatia

1%

 

24%

18%

 

66%

 

31%

Ireland

1%

 

7%

18%

 

35%

 

7%

Italy

5%

 

26%

10%

 

45%

 

40%

Cyprus

10%

 

18%

46%

 

72%

 

18%

Latvia

1%

 

1%

16%

 

45%

 

37%

Lithuania

10%

 

10%

20%

 

54%

 

42%

Luxemburg

1%

 

24%

15%

 

48%

 

27%

Hungary

10%

 

34%

13%

 

63%

 

55%

Malta

4%

 

24%

25%

 

80%

 

32%

Netherlands

13%

 

25%

37%

 

38%

 

33%

Austria

1%

 

19%

20%

 

55%

 

20%

Poland

1%

 

26%

16%

 

40%

 

34%

Portugal

7%

 

16%

15%

 

70%

 

29%

Romania

13%

 

24%

28%

 

65%

 

26%

Slovenia

1%

 

24%

25%

 

70%

 

28%

Slovakia

15%

 

37%

36%

 

64%

 

41%

Finland

20%

 

20%

30%

 

39%

 

15%

Sweden

15%

 

17%

19%

 

30%

 

18%

United Kingdom

8%

 

21%

30%

 

47%

 

41%

EU 28

6%

 

27%

22%

 

51%

 

33%

 

Amendment

Table (b): Emission reduction commitments for ammonia (NH3), fine particulate matter (PM2,5) and methane (CH4). Fuels sold, base year 2005.

Member State

NH3 reduction compared with 2005

PM2,5 reduction compared with 2005

CH4 reduction compared with 2005

For any year from 2020 to 2024

For any year from 2025 to 2029

For any year from 2030

For any year from 2020 to 2024

For any year from 2025 to 2029

For any year from 2030

 

For any year from 2030

Belgium

2%

16%

17%

20%

48%

50%

 

26%

Bulgaria

3%

11%

10%

20%

64%

70%

 

53%

Czech Republic

7%

35%

36%

17%

51%

59%

 

31%

Denmark

24%

37%

38%

33%

61%

67%

 

24%

Germany

5%

46%

47%

26%

42%

46%

 

39%

Estonia

1%

10%

10%

15%

51%

74%

 

23%

Greece

7%

28%

28%

35%

71%

73%

 

40%

Spain

3%

29%

30%

15%

63%

64%

 

34%

France

4%

31%

32%

27%

46%

52%

 

25%

Croatia

1%

27%

29%

18%

67%

71%

 

31%

Ireland

1%

11%

14%

18%

35%

44%

 

7%

Italy

5%

29%

29%

10%

44%

56%

 

40%

Cyprus

10%

21%

21%

46%

73%

74%

 

18%

Latvia

1%

3%

4%

16%

56%

63%

 

37%

Lithuania

10%

4%

1%

20%

57%

65%

 

42%

Luxemburg

1%

25%

25%

15%

48%

50%

 

27%

Hungary

10%

38%

38%

13%

63%

66%

 

55%

Malta

4%

25%

28%

25%

80%

81%

 

32%

Netherlands

13%

24%

26%

37%

40%

42%

 

33%

Austria

1%

20%

19%

20%

56%

59%

 

20%

Poland

1%

28%

29%

16%

37%

53%

 

34%

Portugal

7%

22%

20%

15%

70%

71%

 

29%

Romania

13%

25%

25%

28%

64%

69%

 

26%

Slovenia

1%

25%

26%

25%

76%

77%

 

28%

Slovakia

15%

41%

41%

36%

63%

66%

 

41%

Finland

20%

17%

17%

30%

41%

48%

 

15%

Sweden

15%

18%

18%

19%

35%

44%

 

18%

United Kingdom

8%

22%

22%

30%

48%

50%

 

41%

EU 28

6%

29%

30%

22%

51%

58%

 

33%

Justification

NH3 and PM2.5: The national emission reduction figures for the years 2025 and 2030 on the basis of the European Parliament's Impact Assessment and the most cost effective option for reducing emissions taking into account climate and energy policy. For methane, the Commission proposal is maintained.

Amendment    94

Proposal for a directive

Annex II – table b a (new)

Text proposed by the Commission

Amendment

 

Table (ba) Emission reduction commitments for mercury (Hg) compared to 2005*

 

For any year from 2025 to 2029 

 

For any year from 2030

 

*Figures shall be based on the methodology of the European Parliamentary Research Service's study "Air Quality - Complementary Impact Assessment on interactions between EU air quality policy and climate and energy policy" 75% gap closure climate and energy policy (CEP) scenario including the EU's 2030 Climate and Energy Framework, as set out in the Commission Communication "A policy framework for climate and energy in the period from 2020 to 2030".

Amendment    95

Proposal for a directive

Annex III – part 1 – section A – point 1 – point a

Text proposed by the Commission

Amendment

(a) nitrogen management, taking into account the full nitrogen cycle;

(a) nitrogen management, taking into account the full nitrogen cycle and consideration of the establishment of soil and nutrient management plans;

Amendment    96

Proposal for a directive

Annex III – part 1 – section A – point 1 – point c

Text proposed by the Commission

Amendment

(c) low-emission manure spreading approaches;

(c) low-emission manure spreading approaches and techniques including separation into liquids and solids;

Amendment    97

Proposal for a directive

Annex III – part 1 – section A – point 1 – point e

Text proposed by the Commission

Amendment

(e) low-emission manure processing and composting systems;

(e) low-emission manure processing and composting systems including separation into liquids and solids;

Amendment    98

Proposal for a directive

Annex III – part 1 – section A – point 1 – point g a (new)

Text proposed by the Commission

Amendment

 

(ga) promotion of grazing and extensive farming and enhancing the pasture biodiversity in plant with high level of amino acids such as clover, alfalfa and cereals;

Justification

Incorporating plants with a high amino acid or high protein content into the pasture fodder (e.g. by under-sowing into temporary grasslands) increases soil fertility and as well as reduces feed costs e.g. from imported soya.

Amendment    99

Proposal for a directive

Annex III – part 1 – section A – point 1 – point g b (new)

Text proposed by the Commission

Amendment

 

(gb) promotion of crop rotation including nitrogen fixing crops;

Justification

More holistic approaches to farming practices can have great impacts on the reduction of ammonia emissions and can also deliver significant additional environmental benefits (soil, biodiversity, water). Practices such as crop rotation significantly increase the soil quality and can reduce farmer’s dependency on artificial inputs. Practices such as extensive grazing can help improve biodiversity, reduce greenhouse gas and air pollution and are good for animal welfare.

Amendment    100

Proposal for a directive

Annex III – part 1 – section A – point 1 – point g c (new)

Text proposed by the Commission

Amendment

 

(gc) promotion of agroecological farming that leads to agricultural systems with high biodiversity, resource efficiency and reduced or ideally no dependency on chemical inputs;

Amendment    101

Proposal for a directive

Annex III – part 1 – section A – point 3 – point d

Text proposed by the Commission

Amendment

(d) inorganic fertilisers shall be spread in line with the foreseeable requirements of the receiving crop or grassland with respect to nitrogen and phosphorus, also taking into account the existing nutrient content in the soil and the nutrients from other fertilizers.

(d) inorganic fertilisers shall as far as possible be replaced by organic fertilisers. Where inorganic fertilisers continue to be applied, they shall be spread in line with the foreseeable requirements of the receiving crop or grassland with respect to nitrogen and phosphorus, also taking into account the existing nutrient content in the soil and the nutrients from other fertilizers.

Amendment    102

Proposal for a directive

Annex III – part 1 – section A – point 4 – point a – introductory part

Text proposed by the Commission

Amendment

(a) reduce emissions from slurry and solid manure application to arable land and grassland, by using methods that reduce emissions by at least 30 % compared with the reference method described in the Ammonia Guidance Document and on the following conditions:

(a) reducing emissions from slurry and solid manure application to arable land and grassland, by using methods that reduce emissions by at least 30 % compared with the reference method described in the Ammonia Guidance Document and on the following conditions:

Justification

Linguistic amendment – not voted.

Amendment    103

Proposal for a directive

Annex III – part 1 – section A – point 4 – point a – point ii

Text proposed by the Commission

Amendment

(ii) manures and slurries shall not be spread when the receiving land is water saturated, flooded, frozen or snow covered;

(ii) not spreading manures and slurries when the receiving land is water saturated, flooded, frozen or snow covered;

Justification

Linguistic amendment – not voted.

Amendment    104

Proposal for a directive

Annex III – part 1 – section A – point 4 – point b – introductory part

Text proposed by the Commission

Amendment

(b) reduce emissions from manure storage outside of animal houses, by using the following approaches:

(b) reducing emissions from manure storage outside of animal houses, by using the following approaches:

Justification

Linguistic amendment – not voted.

Amendment    105

Proposal for a directive

Annex III – part 1 – section A – point 4 – point b – point i

Text proposed by the Commission

Amendment

(i) for slurry stores constructed after 1st January 2022, low emission storage systems or techniques shall be used which have been shown to reduce ammonia emissions by at least 60% compared with the reference method described in the Ammonia Guidance Document, and for existing slurry stores at least 40%;

(i) for slurry stores constructed after 1st January 2022, using low emission storage systems or techniques which have been shown to reduce ammonia emissions by at least 60% compared with the reference method described in the Ammonia Guidance Document, and for existing slurry stores at least 40%;

Justification

Linguistic amendment – not voted.

Amendment    106

Proposal for a directive

Annex III – part 1 – section A – point 4 – point c

Text proposed by the Commission

Amendment

(c) reduce emissions from animal housing, by using systems which have been shown to reduce ammonia emissions by at least 20% compared with the reference method described in the Ammonia Guidance Document.

(c) reducing emissions from animal housing, by using systems which have been shown to reduce ammonia emissions by at least 20% compared with the reference method described in the Ammonia Guidance Document.

Justification

Linguistic amendment – not voted.

Amendment    107

Proposal for a directive

Annex III – part 1 – section A – point 4 – point d

Text proposed by the Commission

Amendment

(d) Reduce emissions from manure, by using low protein feeding strategies which have been shown to reduce ammonia emissions by at least 10% compared with the reference method described in the Ammonia Guidance Document.

(d) reducing emissions from manure, by using low protein feeding strategies which have been shown to reduce ammonia emissions by at least 10% compared with the reference method described in the Ammonia Guidance Document.

Justification

Linguistic amendment – not voted.

Amendment    108

Proposal for a directive

Annex III – part 1 – section A b (new)

Text proposed by the Commission

Amendment

 

Ab. Measures to control emissions of nitrogen oxides and particulate matter in urban areas

 

In consultation with local and regional authorities, Member States shall consider the following measures:

 

- sustainable urban mobility plans including measures such as low emission zones, congestion pricing, parking controls, speed limits, car sharing schemes and roll-out of alternative charging infrastructure;

 

- promotion of modal shift to increase the use of cycling, walking and public transport;

 

- sustainable urban freight plans such as the introduction of consolidation centres plus measures to encourage a shift of regional freight from road to electric rail and water;

 

- using the planning system to address emissions from new development and boiler systems; retrofit energy efficiency measures to existing buildings;

 

- retrofitting schemes to promote the replacement of old domestic combustion installations with better home insulation, heat pumps, light fuel oil, new wood pellet installations, district heating or gas;

 

- economic and fiscal incentives to encourage the uptake of low emitting heating appliances;

 

- banning of solid-fuel burning in residential areas and other sensitive areas to protect the health of vulnerable groups including children;

 

- ensure emissions from construction are minimised by introducing and enforcing policies to reduce and monitor construction dust, and set emissions limits for Non Road Mobile Machinery (NRMM)

 

- revision of vehicle taxation rates in recognition of the higher real-world emissions from diesel cars and gasoline direct injection vehicles to encourage sales of less polluting vehicles;

 

- public procurement and fiscal incentives to encourage early uptake of ultra-low emission vehicles;

 

- support for retrofit of UNECE REC Class IV particulate filters on diesel machines, trucks, buses and taxis;

 

- regulate emissions from construction machines and other non-road mobile machinery operating in densely populated areas (including through the retrofit);

 

- awareness raising campaigns and alerts.

Amendment    109

Proposal for a directive

Annex III – part 1 – section C a (new)

Text proposed by the Commission

Amendment

 

Ca. Emission reduction measures to restrict hydrocarbon emissions

 

Member States shall reduce emissions of non-methane volatile organic compounds (NMVOC) by promoting the use of modern emission-free tube technologies that are used in various sectors.

Justification

Traditional filling station hoses are not completely airtight. This can allow hydrocarbons to escape and create ground-level ozone. Extrapolation has shown that the volume of hydrocarbon emissions at filling stations in Europe can be estimated at around 45 million litres per year. A modern emission-free tanking system could counter hydrocarbon emissions.

Amendment    110

Proposal for a directive

Annex III – part 2 – point 1 – point a – point i

Text proposed by the Commission

Amendment

(i) the policy priorities and their relationship to priorities set in other relevant policy areas, including climate change;

(i) the policy priorities and their relationship to priorities set in other relevant policy areas, including agriculture, rural economic, industrial, mobility and transport, conservation of nature and climate change;

Justification

Overlap and synergies with more policy areas than mere climate change policy exist in this matter: agricultural, industry, rural economic and conservation of nature are to be included therefore as well.

Amendment    111

Proposal for a directive

Annex III – part 2 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the policy options considered to meet the emission reduction commitments for 2020 and 2030 onwards and the intermediate emission levels determined for 2025 and to contribute to further improve the air quality, and their analysis, including the method of analysis; the individual or combined impacts of the polices and measures on emission reductions, air quality and the environment; and the associated uncertainties;

(b) the policy options considered to meet the emission reduction commitments for 2020, 2025 and 2030 to contribute to further improve the air quality, and their analysis, including the method of analysis; the individual or combined impacts of the policies and measures on emission reductions, air quality and the environment; and the associated uncertainties;

Amendment    112

Proposal for a regulation

Annex III – part 2 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) where relevant, an explanation of the reasons why the intermediate emission levels for 2025 cannot be met without measures entailing disproportionate costs;

(d) an explanation of the measures taken to achieve national emission reduction commitments;

Amendment    113

Proposal for a directive

Annex III – part – point 1 – point d a (new)

Text proposed by the Commission

Amendment

 

(da) an explanation of the methodology used to ensure that measures to achieve national reduction commitments for PM2.5 prioritise reduction of black carbon emissions.

Amendment    114

Proposal for a directive

Annex III – part 2 – point 1 – point e

Text proposed by the Commission

Amendment

(e) an assessment of how selected policies and measures ensure coherence with plans and programmes set up in other relevant policy areas.

(e) an assessment of how selected policies and measures ensure coherence with plans and programmes set up in other relevant policy areas in particular, but not limited to, air quality plans under Directive 2008/50/EC, transitional national plans and inspection plans under Directive 2010/75/EC, national energy efficiency action plans under Directive 2012/27/EU, national renewable energy action plans under Directive 2009/28/EC, and relevant plans or programmes subject to the requirements of Directive 2001/42/EC or equivalent provisions in successor legislation.

Amendment    115

Proposal for a directive

Annex III – part 2 – point 2 – point a

Text proposed by the Commission

Amendment

(a) an assessment of the progress made with implementation of the programme, the reduction of emissions and the reduction of concentrations;

(a) an assessment of the progress made with implementation of the programme, the reduction of emissions, the reduction of concentrations and associated environmental, public health and socio-economic benefits;

Justification

More information on the impacts of air pollution will help to improve levels of public engagement with air pollution policy and in particular with the formulation and implementation of NAPCPs.

Amendment    116

Proposal for a directive

Annex III – part 2 – point 2 – point b

Text proposed by the Commission

Amendment

(b) any significant changes in the policy context, assessments, the programme or the implementation time table.

(b) any significant changes in the policy context, assessments (including the results of the inspections and market surveillance carried out in accordance with Article 6(2b), the programme or the implementation time table.

Amendment    117

Proposal for a directive

Annex 3 – part 2 – point 2 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) an assessment of the progress made towards the achievement of the Union's long-term health and environmental objectives, in light of any necessary update of those objectives, including any new air quality guidelines set by the World Health Organisation;

Amendment    118

Proposal for a directive

Annex 3 – part 2 – point 2 – point b b (new)

Text proposed by the Commission

Amendment

 

(bb) Where a national air pollution control programme is updated in accordance with Article 6(4), it must include information on all additional air pollution abatement measures that have been considered at appropriate local, regional or national level for implementation in connection with the attainment of emission reduction commitments and air quality objectives, including those outlined in Annex III of this Directive and paragraph 3 of Annex XV (B) to Directive 2008/50/EC.

(1)

OJ C 451, 16.12.2014, p. 134.

(2)

OJ C 415, 20.11.2014, p. 23.


EXPLANATORY STATEMENT

Evidence-based policy-making must be the cornerstone of EU legislation. Laws should be founded on robust, comprehensive impact assessments that explain why legislation both addresses the key questions of whether a proposal is necessary and proportionate, and assesses whether action is best sought at the EU level. In the case of air quality, the answer is clear: this is a significant trans-boundary human health and environmental issue that profoundly affects all EU citizens and requires immediate action.

After years of political neglect, air pollution has risen up the political agenda as a major public health concern. Poor air quality contributes to premature death, to sickness absences from work, significant healthcare costs, productivity loss, crop yield loss and damage to buildings. In Europe, the total external health-related costs to society from air pollution are estimated to be in the range of €330-940 billion per year. Moreover, there is a growing body of evidence available to show that atmospheric nitrogen deposition is leading to changes in the natural environment such as reduced diversity of ground vegetation, reduced plant growth, and unbalanced nutritional status due to eutrophication and acidification.

While work has been done to reduce air pollution across the Union, many Member States are falling short of agreed standards. Moreover, the EU remains far from its long-term objective; to adhere to the recommended pollutant limits in the WHO's 2005 air quality guidelines. On 18 December 2013, the Commission published its long-awaited Clean Air Package, backed by a substantial impact assessment. The package outlines measures to ensure that existing targets are met in the short-term and sets new air quality objectives for the period up to 2030. It consists of four elements: a Clean Air Programme for Europe; a proposal for a Decision to ratify the 2012 amendment to the Gothenburg Protocol to the UNECE Convention on Long Range Trans-boundary Air Pollution on behalf of the EU; a proposal for a new Directive to reduce pollution from medium-sized combustion installations, such as energy plants for large buildings, and small industry installations; and lastly, the legislative proposal upon which this report is based, revising the 2001 National Emission Ceilings (NEC) Directive.

The Commission’s proposal repeals and replaces the existing NEC Directive, setting new ceilings on emissions for sulphur dioxide, nitrogen oxides, ammonia, and non-methane volatile organic compounds for 2020 and 2030. It would also extend the Directive to cover particulate matter (PM2,5) from 2020 and – in order to introduce an important synergy with climate legislation – methane from 2030. The targets for 2020 reflect the limits that have been signed up to internationally under the Gothenburg Protocol.

The proposal’s new targets for 2030 are the most complicated element with different limits for each Member State and each pollutant. It is based on delivering 70% of the maximum technically feasible reductions in health impacts as defined by the WHO; the Commission has then established the limits for individual Member States based on where it has assessed the most cost-effective measures can be taken. The Commission’s text also requires Member States to adopt national air pollution control programmes, which must be updated every two years.

Although the original proposal for a revised NEC Directive was published almost 16 months ago, first reading by the co-legislators has been delayed as a result of new mandates beginning within the European Parliament and Commission, and protracted discussions between Member States and the Commission regarding the proposal’s original baseline scenarios used for establishing the 2030 reduction targets. Utilizing this additional time at the start of the legislative term, the European Parliament’s Committee on Environment, Public Health and Food Safety commissioned a complementary impact assessment, published in October 2014, to investigate the interactions between EU air quality policy and the 2030 climate and energy policy put forward by the Commission in early 2014.

There has also been uncertainty surrounding the future prospects of the proposal after its inclusion in Annex II (list of withdrawals or modifications of pending proposals) of the Commission's 2015 Work Programme. Responding to Member State concerns over the cumulative costs and impacts of the new legislation, the Commission had considered withdrawing the proposal; a suggestion strongly dismissed by your rapporteur and the European Parliament, as well as numerous Member States and affected stakeholders. Given the clear benefits to human health and the environment, the Commission has opted to maintain the proposal, albeit with the unspecific caveat that it will be modified as part of the legislative follow-up to the 2030 climate and energy package. First reading can now begin in earnest.

It is important to note that the rapporteur is supportive of the new Commission's commitment to introduce smarter, more streamlined regulation and reduce administrative burdens on both businesses and Member States. The NEC Directive should be no exception to this approach. Whilst the ceilings for the target dates set out in the report must incentivise emission reductions, they should also be fixed at a level that is realistic, proportionate, deliverable, evidence-based, and does not disproportionately impact any one sector.

Your rapporteur has approached this report guided by the principle that better regulation and environmental protection are not mutually exclusive. As such, this Directive should be coherent with other pillars of EU policy and aligned with related draft legislation, where possible. Sound data, better exchange of information, and specific attention to monitoring and reporting both for National Emission Ceilings and for all source legislation will be crucial to the long-term success of this Directive, and it is imperative that it delivers on these objectives.

In the context of the 2030 framework for climate and energy policy, it is likely that, at a future point, adjustments to the NEC Directive will have to be made based on the legislative outcomes that underpin the 2030 framework. Indeed, the EU has spent much of its focus over the last decade addressing climate change, to the detriment of air quality. This has incentivised divergent and inconsistent policies. For example, climate policies have fostered large increases in the fleet share of diesel cars, a major source of nitrogen oxides and particulate matter, as they have approximately 15% lower tailpipe CO2 emissions than petrol vehicles.

There are important interactions between climate and air quality policies. With this in mind, your rapporteur has chosen to maintain methane within the scope of this Directive. Methane emissions are already regulated directly under existing EU legislation, for example under the Landfill of Waste Directive, and indirectly through the Effort Sharing Decision, as it is a powerful greenhouse gas. However, methane is also a significant ozone precursor and it is therefore important to tackle it specifically in this legislation.

To ensure progress towards the 2030 limits, your rapporteur has added fully binding 2025 targets for all pollutants, with the exception of ammonia. The Commission’s ammonia target for 2030 will be difficult to achieve in some Member States, particularly those with large agricultural sectors, and a degree of flexibility is critically important, as ammonia levels are difficult to mitigate quickly and effectively. For this reason, and the fact that there is no flexibility for this pollutant in the Commission proposal, I have only opted for a 2030 limit.

Your rapporteur has also chosen to remove the flexibility allowing offsets from reductions in emissions of nitrogen oxides, sulphur dioxides and particulate matter from international shipping. A provision to reduce maritime emissions instead of terrestrial emissions would be extremely difficult to apply and monitor in practice. Also, the flexibility would not apply evenly to all Member States, as landlocked countries would be excluded.

Member States must be fully informed of how they are performing in meeting their specific emission reduction commitments. When Member States are at risk of not meeting their obligations, there should be measures in place for early identification of the problem – this will enable countries to take corrective action. It is crucial that the Commission fulfils a comprehensive surveillance and early-warning role in this respect, whether in assisting Member States with key components of their national programme or, in the most severe cases, enabling them to take the required action. Where infringement proceedings are necessary, the Commission should take action, but this must not be considered merely as punitive; it should be deemed a last resort.

I recognise that some of the targets might be challenging for Member States, and in some circumstances the EU must provide assistance in return for improved transposition. Your rapporteur considers air quality to be a public good; as such Member States must have the possibility to benefit from EU funding. It is therefore necessary to look at new and innovative ways to finance emissions reductions.

For example, the Common Agricultural Policy (CAP) is a significant financial resource and the recent inter-institutional agreement to reform the CAP in 2013 included an increased focus on introducing greener, more environmentally friendly measures within European agriculture. It is the rapporteur's view that air quality should be part of this discourse in the same way as other public goods, given that the agricultural sector is a significant source of ammonia and methane emissions.

Lastly, it is important to properly acknowledge that the NEC Directive is Europe’s overarching framework piece of legislation for air quality, and without effective and implementable source legislation, Member States will never meet their emission reduction targets. In other words, a further tightening of air quality standards will be redundant unless we see a clear reduction in pollution from the main sources.

The automobile sector is a key example: it is vital that the Commission brings forward its long-delayed Euro 6c Emission Regulation to implement Real Driving Emissions (RDE) in the type approval requirements for new vehicles. In your rapporteur’s view, punitive action for non-compliance with nitrogen oxides limits is extremely difficult to justify if the testing standards are not fit for purpose and significantly underestimate on-road emissions.

In recognising this, the rapporteur also believes it is imperative to empower competent authorities to ensure they can take the required action to comply with all legislation relevant to meeting the 2030 limits. A prime example of such action would be the introduction of Low Emission Zones (LEZs), a traffic pollution charge scheme intended to reduce diesel car emissions in urban areas worst affected by emissions of nitrogen oxides and particulate matter.


OPINION of the Committee on Industry, Research and Energy (22.4.2015)

for the Committee on the Environment, Public Health and Food Safety

on the proposal for a directive of the European Parliament and of the Council on the reduction of national emissions of certain atmospheric pollutants and amending Directive 2003/35/EC

(COM(2013)0920 – C7-0004/2014 – 2013/0443(COD))

Rapporteur: Adam Gierek

SHORT JUSTIFICATION

Anthropogenic emissions of gases and particulates are largely caused by the incomplete combustion of fuels in heating, energy generation and transport, by industrial chemical processes and by abrasion caused by wheeled means of transport. Their intensity may have a seasonal character relating, inter alia, to low-level emissions.

The objective of the proposed directive of the European Parliament and of the Council is the establishment of new national emission limits for the most significant varieties of atmospheric pollutants. The proposed directive is intended to replace the current Directive 2001/81/EC on national emission ceilings for certain atmospheric pollutants to 2010 and to adapt EU law to its international commitments arising from the 1999 Gothenburg Protocol. The aim of the proposal is to reduce potential threats to human health, the environment and the climate. The proposal is the outcome of a review of EU atmospheric protection policy and forms part of a package of new EU rules.

Besides adapting EU law to the amended provisions of this Protocol, the proposed directive provides for a modification – i.e. a gradual stepping up of reduction commitments from 2020 to 2030 and later – in respect of four types of gas pollutants set out in the current directive (sulphur dioxide, nitrogen oxides, volatile organic compounds other than methane, and ammonia), in respect of particulate matter with a diameter no smaller than 2.5 micrometres (in accordance with the amended Protocol), and in respect of methane emissions. Within the scope of these ambitious plans to reduce pollutants, the proposed directive provides for medium-term emission ceilings for 2025.

The Member States’ commitments to reducing emissions are expressed as a percentage of emissions reductions between the total amount of a particular type of pollutant for the reference year (2005) and the total amount of emissions of that pollutant released into the atmosphere in the target calendar year. The directive obliges the Member States to draw up national programmes for the reduction of emissions and to update them regularly (every two years). The programmes should contain a description of activities that make it possible for the Member States to assess the financial consequences of attaining the reduction targets. The Member States should, moreover, be obliged to monitor emissions of air pollutants and to draw up national balance sheets and emission projections. Both the national programmes and the emission balance sheets shall be submitted to the Commission.

The proposed directive also introduces a minor change to Directive 2003/35/EC concerning public participation in drawing up some plans and programmes dealing with the environment. This change consists of a reference to a provision concerning national programmes for the reduction of emissions.

It became necessary to amend Directive 2003/35/EC of the European Parliament and of the Council due, inter alia, to soil acidification, water eutrophication and progressive climate change. It has thus become necessary to develop a new legal act to consolidate the provisions that had already been implemented.

The most important are the amendments concerning legal provisions relating to public participation in the drawing up of plans and programmes dealing with the environment. A reference to national provisions governing the monitoring of air pollution has therefore been introduced to Annex I to the aforementioned Directive.

Position of the rapporteur

The rapporteur welcomes the proposal for a new directive of the European Parliament and of the Council. However, it must be stated that its basic elements were developed a quarter of a century ago, and the proposal fails to make reference to the need for better regulation and monitoring of these emissions, particularly at local level, through improving measurement methods.

Specific comments

1) The proposal did not take into account emissions of all particles, including emissions of particulate matter with a diameter of less than 2.5 micrometres, and particularly the most dangerous particulates for human health and the climate with diameters in the nanometre range.

2) It did not take into account chlorinated aromatic hydrocarbons, i.e. dioxins.

3) An important and pertinent issue is the seasonal character of emissions, in particular, the increased emissions in the heating period, including so-called low-level emissions.

4) Given that emissions spread irrespective of borders, maritime countries, aviation and maritime transport should not be exempted from the obligation of reducing their emissions. Countries should not be able to assess their emissions on a ‘flexible’ basis.

5) One hazardous gas released anthropogenically, although not produced anthropogenically in large amounts, is hydrogen sulphide (H2S).Bacterial methods for refining high-sulphur crude oil during maritime transport which emit significant amounts of this toxic gas (H2S) into the atmosphere are known.

6) From a formal perspective, however, and particularly as regards references to various annexes of Commission proposals, there is a general lack of transparency in the Commission’s draft directive. The legal act in question should – in the opinion of the rapporteur for the opinion – have its own annexes, and should at least indicate more precisely to which specific documents the annexes refer.

AMENDMENTS

The Committee on Industry, Research and Energy calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to take into account the following amendments:

Amendment    1

Proposal for a directive

Recital 4 a (new)

Text proposed by the Commission

Amendment

 

(4a) Member States and the Union have committed to reducing their emissions of mercury as part of the implementation of the Minamata Convention on Mercury.

Justification

This Directive should contribute to the reduction of mercury emissions in the EU as required by the 2005 Community Strategy on Mercury and the Minamata Convention on Mercury to which Member States and the Union are parties.

Amendment    2

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(6) The national emission ceiling regime established by Directive 2001/81/EC should therefore be revised in order to align it with the international commitments of the Union and the Member States.

(6) The national emission ceiling regime established by Directive 2001/81/EC should therefore be revised in order to ensure compliance with the international commitments of the Union and the Member States.

Amendment    3

Proposal for a directive

Recital 8 a (new)

Text proposed by the Commission

Amendment

 

(8a) This Directive should contribute to the reduction of mercury emissions in the Union as required by the 2005 Community Strategy on Mercury and the Minamata Convention on Mercury to which Member States and the Union are parties.

Justification

This Directive should contribute to the reduction of mercury emissions in the EU as required by the 2005 Community Strategy on Mercury and the Minamata Convention on Mercury to which Member States and the Union are parties.

Amendment    4

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(9) Member States should comply with the emission reduction commitments set out in this Directive for 2020 and 2030. So as to ensure demonstrable progress towards the 2030 commitments, Member States should meet intermediate emission levels in 2025, set on the basis of a linear trajectory between their emission levels for 2020 and those defined by the emission reduction commitments for 2030, unless this would entail disproportionate costs. Where the 2025 emissions cannot be so limited, Member States should explain the reasons in their reports under this Directive.

(9) Member States should comply with the emission reduction commitments set out in this Directive for 2020, 2025 and 2030.

Justification

National emission reduction commitments should be binding also for 2025 to achieve the "levels of air quality that do not give rise to significant negative impacts on, and risks to human health and environment".

Amendment    5

Proposal for a directive

Recital 9 a (new)

Text proposed by the Commission

Amendment

 

(9a) In determining emission reduction commitments, account should be taken of past efforts by Member States.

Amendment    6

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(11) In order to promote cost-effective achievement of the national emission reduction commitments and of the intermediate emission levels, Member States should be entitled to account for emission reductions from international maritime traffic if emissions from that sector are lower than the levels of emissions that would result from compliance with Union law standards, including the sulphur limits for fuels set in Directive 1999/32/EC of the Council.21 Member States should also have the possibility to jointly meet their commitments and intermediate emission levels regarding methane (CH4) and of making use of Decision n°406/2009/EC of the European Parliament and of the Council for so doing.22 For the purpose of checking compliance with their national emission ceilings, emission reduction commitments and intermediate emission levels, Member States could adjust their national emission inventories in view of improved scientific understanding and methodologies regarding emissions. The Commission could object to the use of any of these flexibilities by a Member State, should the conditions set out in this Directive not be met.

(11) In order to promote cost-effective achievement of the national emission reduction commitments, Member States should be entitled to account for emission reductions from international maritime traffic if emissions from that sector are lower than the levels of emissions that would result from compliance with Union law standards, including the sulphur limits for fuels set in Directive 1999/32/EC of the Council.21 For the purpose of checking compliance with their national emission ceilings, emission reduction commitments and intermediate emission levels, Member States could adjust their national emission inventories in view of improved scientific understanding and methodologies regarding emissions. The Commission could object to the use of any of these flexibilities by a Member State, should the conditions set out in this Directive not be met.

__________________

__________________

21 Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC (OJ L 121, 11.5.1999, p. 13).

21 Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC (OJ L 121, 11.5.1999, p. 13).

22 Decision n°406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p. 136).

 

Justification

Follows the amendment to delete methane reduction commitments in the directive. Without the commitments there is no need for methods of jointly meeting commitments.

Amendment    7

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(12) Member States should adopt and implement a national air pollution control programme with a view to meeting their emission reduction requirements and intermediate emission levels, and to contributing effectively to the achievement of the Union air quality objectives. To this effect, Member States should take account of the need to reduce emissions in zones and agglomerations affected by excessive air pollutant concentrations and/or in those that contribute significantly to air pollution in other zones and agglomerations, including in neighbouring countries. National air pollution control programmes should, to that end, contribute to the successful implementation of air quality plans enacted under Article 23 of Directive 2008/50/EC of the European Parliament and of the Council.23

(12) Member States should adopt and implement a national air pollution control programme with a view to meeting their emission reduction requirements, and to contributing effectively to the achievement of the Union air quality objectives. To this effect, Member States should take account of the need to reduce emissions in zones and agglomerations affected by excessive air pollutant concentrations and/or in those that contribute significantly to air pollution in other zones and agglomerations, including in neighbouring countries. National air pollution control programmes should, to that end, contribute to the successful implementation of air quality plans enacted under Article 23 of Directive 2008/50/EC of the European Parliament and of the Council.23

__________________

__________________

23 Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air in Europe (OJ L 152, 11.6.2008, p. 1).

23 Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air in Europe (OJ L 152, 11.6.2008, p. 1).

Amendment    8

Proposal for a directive

Recital 26 a (new)

Text proposed by the Commission

Amendment

 

(26a) The candidate and the potential candidate countries should align, as much as possible, their national regulations with this Directive. 

Amendment    9

Proposal for a directive

Article 2 – paragraph 1

Text proposed by the Commission

Amendment

This Directive shall apply to emissions of the pollutants referred to in Annex I from all sources occurring in the territory of the Member States, their exclusive economic zones and pollution control zones.

This Directive shall apply to emissions of the pollutants referred to in Annex I from all anthropogenic sources occurring in the territory of the Member States, their exclusive economic zones and pollution control zones.

Justification

The scope must be accurate and consistent with other articles such as article 4.

Amendment    10

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall, as a minimum, limit their annual anthropogenic emissions of sulphur dioxide (SO2), nitrogen oxides (NOx), volatile organic compounds other than methane (NMVOC), ammonia (NH3), particulate matter (PM2,5) and methane (CH4) in accordance with the national emission reduction commitments applicable from 2020 and 2030, as laid down in Annex II.

1. Member States shall, as a minimum, limit their annual anthropogenic emissions of sulphur dioxide (SO2), nitrogen oxides (NOx), volatile organic compounds other than methane (NMVOC), ammonia (NH3), particulate matter (PM2,5) and mercury (Hg). Containment of non-methane volatile organic compounds (NMVOC) and methane (CH4) shall be placed in the wider context of greenhouse gas emission reduction.

Justification

Annex II has to be changed accordingly. Mercury and its compounds are highly toxic to humans, especially to the developing nervous system. As vapour it is rapidly absorbed into the blood stream when inhaled. Microbial metabolism of deposited mercury can create methylmercury, a well-documented neurotoxin, which has the capacity to collect in organisms and to concentrate up food chains.

Amendment    11

Proposal for a directive

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. Without prejudice to paragraph 1, Member States shall take all the necessary measures not entailing disproportionate costs to limit their 2025 anthropogenic emissions of SO2, NOx, NMVOC, NH3, PM2,5 and CH4. The levels of those emissions shall be determined on the basis of fuels sold, by a linear reduction trajectory established between their emission levels for 2020 and the emission levels defined by the emission reduction commitments for 2030.

deleted

Where the emissions for 2025 cannot be limited in accordance with the determined trajectory, the Member States shall explain the reasons in their reports submitted to the Commission in accordance with Article 9.

 

Justification

Consequence of the amended art 4- par 1. i.e. national emission reduction commitments should be binding also for 2025.

Amendment    12

Proposal for a directive

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3. The following emissions are not accounted for the purpose of complying with paragraphs 1 and 2:

deleted

a) aircraft emissions beyond the landing and take-off cycle;

 

b) emissions in the Canary Islands, the French overseas departments, Madeira, and the Azores;

 

c) emissions from national maritime traffic to and from the territories referred to in point (b);

 

d) emissions from international maritime traffic, without prejudice to Article 5(1).

 

Justification

We must not close our eyes to all of these emissions, which – just like CO2 – remain for long periods in the atmosphere and contribute towards climate change.

Amendment    13

Proposal for a directive

Article 4 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a. Anthropogenic emission levels shall be determined by subtracting the amount of natural emissions from total emissions.

Justification

This concerns natural emissions – such as from land under cultivation – of nitrogen oxides and particulate matter, for instance.

Amendment    14

Proposal for a directive

Article 5 – paragraph 1

 

Text proposed by the Commission

Amendment

1. In order to comply with the intermediate emission levels determined for 2025 in accordance with Article 4, paragraph 2, and the national emission reduction commitments set out in Annex II applicable from 2030 onwards for NOx, SO2 and PM2,5, Member States may offset NOx, SO2 and PM2,5 emission reductions achieved by international maritime traffic against NOx, SO2 and PM2,5 emissions released by other sources in the same year, provided that they meet the following conditions:

deleted

a) the emission reductions occur in the sea areas that fall within the Member States’ territorial seas, exclusive economic zones or in pollution control zones if such zones have been established;

 

b) they have adopted and implemented effective monitoring and inspection measures to ensure a proper operation of this flexibility;

 

c) they have implemented measures to achieve lower NOx, SO2 and PM2,5 emissions from international maritime traffic than the emissions levels that would be achieved by compliance with the Union standards applicable to emissions of NOx, SO2 and PM2,5 and have demonstrated an adequate quantification of the additional emission reductions resulting from these measures;

 

d) they have not offset more than 20% of the NOx, SO2 and PM2,5 emission reductions calculated in accordance with point (c), provided that the offset does not result in non-compliance with the national emission reduction commitments for 2020 set out in Annex II.

 

Amendment    15

Proposal for a directive

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States may jointly implement their methane emission reduction commitments and intermediate emission levels referred to in Annex II, provided that they meet the following conditions:

deleted

(a) they comply with all applicable requirements and modalities enacted under Union legislation, including under Decision n°406/2009/EC of the European Parliament and of the Council.

 

(b) they have adopted and implemented effective provisions in order to ensure a proper operation of joint implementation.

 

Justification

This paragraph should be deleted if efforts to avoid duplication in this directive with regard to methane are successful. Methane is covered by both effort sharing under the climate change programme and the ETS. Adding methane in this revision of the NEC Directive would be a duplication that should be avoided, bearing in mind efforts towards ‘Better Regulation’ and the ‘Regulatory Fitness of SMEs’ (REFIT).

Amendment    16

Proposal for a directive

Article 5 – paragraph 3 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

Member States may depart from the national emission reduction commitments applicable from 2030 onwards in accordance with Annex II to the extent that changes have occurred in the technical and economic factors which provided the basis for the original calculation of these targets.

Justification

Lessons should be learned from the mistakes of the past, when targets were set on the basis of scenarios that did not come about. It must be possible to adjust the targets per pollutant and Member State if emission projections, emission factors and economic or technical circumstances change significantly. Such a possibility is proposed in this amendment (in combination with the amendment to Article 5(1) on the flexibility mechanism in relation to hotspots), without affecting the achievement of the targets in Europe as a whole.

Amendment    17

Proposal for a directive

Article 5 – paragraph 3 – subparagraph 1 b (new)

Text proposed by the Commission

Amendment

 

Member States shall notify the reasons for departing from these targets to the Commission and shall apply for a transfer of credits. The Commission shall be empowered to adopt delegated acts in accordance with Article 13 concerning the development of methods and criteria and the decision on the transfer of emission credits.

Justification

Lessons should be learned from the mistakes of the past, when targets were set on the basis of scenarios that did not come about. It must be possible to adjust the targets per pollutant and Member State if emission projections, emission factors and economic or technical circumstances change significantly. Such a possibility is proposed in this amendment (in combination with the amendment to Article 5(1) on the flexibility mechanism in relation to hotspots), without affecting the achievement of the targets in Europe as a whole.

Amendment    18

Proposal for a directive

Article 5 – paragraph 5 – subparagraph 2

 

Text proposed by the Commission

Amendment

Where the Commission has raised no objections within nine months from the date of receipt of the relevant report referred to in Article 7, paragraphs 4, 5 and 6, the Member State concerned shall consider the use of the flexibility applied to be accepted and valid for that year. Where the Commission considers the use of a flexibility not to be in accordance with the applicable requirements and criteria, it shall adopt a Decision and inform the Member State that it cannot be accepted.

Where the Commission has raised no objections within nine months from the date of receipt of the relevant report referred to in Article 7, paragraphs 4, 5 and 6, the Member State concerned shall consider the use of the flexibility applied to be accepted and valid for that year.

Justification

There is clearly a problem with the use of flexibility, namely the lack of clear criteria in determining it. This is why the Commission proposal contains provision for the Commission itself to act as ultimate arbiter in this matter.

Amendment    19

Proposal for a directive

Article 5 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

 

6a. If, in a given year, a Member State finds that it cannot comply with the emission reduction commitments laid down in Annex II, it may fulfil those commitments by averaging its national annual emissions for the year in question and the one or two years preceding that year, provided that this average does not exceed its commitment.

Justification

On a specific year certain emissions can be affected significantly by external conditions, like e.g. cold weather conditions during winter time or dry weather during summer time. These conditions will e.g. result in variations in the electricity and heat demand and possibilities to utilize emission free production. The possibility to use an average evens out these yearly fluctuations.

Amendment    20

Proposal for a directive

Article 6 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

Member States shall, to the extent necessary, include the emission reduction measures laid down in Part 1 of Annex III or measures having equivalent environmental effect, with a view to meeting the relevant national emission reduction commitments.

Member States may include the emission reduction measures laid down in Part 1 of Annex III or measures having equivalent environmental effect, with a view to meeting the relevant national emission reduction commitments.

Justification

Part 1 of Annex III sets out measures which may be included in National Air Pollution Control Programmes. It is intended to only be guidance and to leave the flexibility for Member States to choose the measures to deliver the required emissions reductions. The text in the Article needs to be consistent.

Amendment    21

Proposal for a directive

Article 6 – paragraph 3

Text proposed by the Commission

Amendment

3. The national air pollution control programme shall be updated every two years.

3. The national air pollution control programme shall be updated every four years.

Justification

The proposal requires programmes to be updated every two years. This time interval between revisions is too short and would prove both ineffective and costly, both for competent authorities and stakeholders. Furthermore, the update of the programmes should not be a systematic overhaul but only apply to the pollutant(s) for which the emission reduction commitments may not be met.

Amendment    22

Proposal for a directive

Article 6 – paragraph 4 – introductory part

Text proposed by the Commission

Amendment

4. Without prejudice to paragraph 3, the emission reduction policies and measures contained in the national air pollution control programme shall be updated within 12 months in either of the following cases:

4. Without prejudice to paragraph 3, the emission reduction policies and measures contained in the national air pollution control programme shall be updated within 24 months when:

Justification

Given the time needed to update a plan, there should be 2 years for updating a plan where the Directive is not complied with.

Amendment    23

Proposal for a directive

Article 6 – paragraph 4 – point b

Text proposed by the Commission

Amendment

(b) Member States decide to make use of any of the flexibilities set out in Article 5.

deleted

Justification

As a consequence of Art.5 (flexibility measures) deletion.

Amendment    24

Proposal for a directive

Article 7 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Member States should 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.

Member States shall 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.

Amendment    25

Proposal for a directive

Article 7 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States that apply the flexibility under Article 5(1) shall include the following information in the informative inventory report of the year concerned:

deleted

(a) the quantity of emissions of NOx, SO2 and PM2,5 that would have occurred in the absence of an emission control area;

 

(b) the level of emission reductions attained in the Member State's part of the emission control area in accordance with Article 5(1)(c);

 

(c) the extent to which they apply this flexibility;

 

(d) any additional data Member States may deem appropriate to allow the Commission, assisted by the European Environment Agency, to carry out a complete assessment of the conditions under which the flexibility has been implemented.

 

Justification

As a consequence of Art.5 (flexibility measures) deletion.

Amendment    26

Proposal for a directive

Article 7 – paragraph 5

Text proposed by the Commission

Amendment

5. Member States that opt for the flexibility under Article 5(2) shall provide a separate report allowing the Commission to review and assess whether the requirements of that provision are met.

deleted

Justification

As a consequence of Art.5 (flexibility measures) deletion.

Amendment    27

Proposal for a directive

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure, if practicable, the monitoring of adverse impacts of air pollution upon ecosystems in accordance with the requirements laid down in Annex V.

1. Member States shall ensure the monitoring of adverse impacts of air pollution upon ecosystems in accordance with the requirements laid down in Annex V.

Amendment    28

Proposal for a directive

Article 9 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall provide their national air pollution control programme to the Commission [within three months of the date referred to in Article 17, date to be inserted by OPOCE] and updates every two years thereafter.

Member States shall provide their national air pollution control programme to the Commission [within three months of the date referred to in Article 17, date to be inserted by OPOCE] and updates every four years thereafter.

Justification

Given the level of complexity of national air pollution control programmes it is important that member states have enough time to make updates.

Amendment    29

Proposal for a directive

Article 9 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall report their national emissions and projections for CH4 in accordance with Regulation (EU) No 525/2013 of the European Parliament and of the Council.31

deleted

__________________

 

31 Regulation (EU) No 525/2013 of the European Parliament and of the Council of 21 May 2013 on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision No 280/2004/EC (OJ L 165, 18.6.2013, p. 13).

 

Justification

Follows the deletion of methane reduction commitments in the directive. Without the commitments there is no need for reporting methane emissions and projections for methane in the context of the NEC directive.

Amendment    30

Proposal for a directive

Article 10 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

The Commission shall in any case report as above for the year 2025, and shall also include information on the achievement of the intermediate emission levels referred to in Article 4 paragraph 2 and the reasons for any non-achievement. It shall identify the need for further action also considering the sectorial impacts of implementation.

deleted

Justification

To make national emission reduction for 2025 binding.

Amendment    31

Proposal for a directive

Article 10 – paragraph 2

Text proposed by the Commission

Amendment

2. The reports referred to in paragraph 1 may include an evaluation of the environmental and socioeconomic impacts of this Directive.

2. The reports referred to in paragraph 1 shall include an evaluation of the environmental and socioeconomic impacts of this Directive.

Justification

It is important to guarantee that environmental and socioeconomic impacts of this directive are thoroughly examined.

Amendment    32

Proposal for a directive

Article 12

 

Text proposed by the Commission

Amendment

The Union and the Member States, as appropriate, shall pursue bilateral and multilateral cooperation with third countries and coordination within relevant international organisations such as the United Nations Environment Programme (UNEP), United Nations Economic Commission for Europe (UNECE), the International Maritime Organization (IMO) and the International Civil Aviation Organization (ICAO), including through the exchange of information, concerning technical and scientific research and development, with the aim of improving the basis for emission reductions.

The Union and the Member States, as appropriate, shall pursue bilateral and multilateral cooperation with third countries and coordination within relevant international organisations such as the United Nations Environment Programme (UNEP), United Nations Economic Commission for Europe (UNECE), the International Maritime Organization (IMO) and the International Civil Aviation Organization (ICAO), including through the exchange of information, concerning technical and scientific research and development, with the aim of improving the basis for emission reductions. Member States shall conduct cross-border consultations on mutual threats posed by emissions from adjacent industrial regions in those countries and the Member States concerned shall develop joint plans to eliminate or reduce those emissions.

Justification

Neighbouring Member States should conduct consultations and develop joint plans to eliminate or reduce emissions, particularly in cases where they have industrial regions that are adjacent to one another.

Amendment    33

Proposal for a directive

Article 13 – paragraph 2

Text proposed by the Commission

Amendment

2. The delegation of power referred to in Articles 6(7), 7(9) and 8(3) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Directive.

2. The delegation of power referred to in Articles 5(3), 6(7), 7(9) and 8(3) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Directive.

Justification

Technical addition following on from the amendment to Article 5(1) and (3) on the two proposed additional flexibility mechanisms.

Amendment    34

Proposal for a directive

Article 17 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive [eighteen months after the entry into force - date to be inserted by OPOCE] at the latest.

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive [twenty four months after the entry into force - date to be inserted by OPOCE] at the latest.

Justification

It is important to guarantee that Member States have enough time to fully transpose the directive into their national law systems.

Amendment    35

Proposal for a directive

Article 18 – paragraph 1 – subparagraph 2 – point a

Text proposed by the Commission

Amendment

(a) Article 1 and Annex I until 31 December 2019;

deleted

Amendment    36

Proposal for a directive

Annex I – Section A – row 4

Text proposed by the Commission

Amendment

Total national emissions by source category

deleted

- CH4

 

Annual, from 2005 to reporting year minus 2 (X-2)

 

15/02****

 

Justification

Proposal to include methane in the Directive from 2030 would go beyond the existing international climate legislation, causing additional regulatory burden for industry and Member States without a corresponding benefit for the environment.

Amendment    37

Proposal for a directive

Annex I – Section C – row 5

Text proposed by the Commission

Amendment

Projected emissions by aggregated source category

deleted

- CH4

 

15/03

 

Justification

Proposal to include methane in the Directive from 2030 would go beyond the existing international climate legislation, causing additional regulatory burden for industry and Member States without a corresponding benefit for the environment.

Amendment    38

Proposal for a directive

Annex II – Table a

 

Text proposed by the Commission

Table (a): Emission reduction commitments for sulphur dioxide (SO2), nitrogen oxides (NOx) and non-methane volatile organic compounds (NMVOC). Fuels sold, base year 2005.

Member State

SO2 reduction compared with 2005

NOx reduction compared with 2005

NMVOC reduction compared with 2005

For any year from 2020 to 2029

 

For any year from 2030

For any year from 2020 to 2029

 

For any year from 2030

For any year from 2020 to 2029

 

For any year from 2030

Belgium

43%

 

68%

41%

 

63%

21%

 

44%

Bulgaria

78%

 

94%

41%

 

65%

21%

 

62%

Czech Republic

45%

 

72%

35%

 

66%

18%

 

57%

Denmark

35%

 

58%

56%

 

69%

35%

 

59%

Germany

21%

 

53%

39%

 

69%

13%

 

43%

Estonia

32%

 

71%

18%

 

61%

10%

 

37%

Greece

74%

 

92%

31%

 

72%

54%

 

67%

Spain

67%

 

89%

41%

 

75%

22%

 

48%

France

55%

 

78%

50%

 

70%

43%

 

50%

Croatia

55%

 

87%

31%

 

66%

34%

 

48%

Ireland

65%

 

83%

49%

 

75%

25%

 

32%

Italy

35%

 

75%

40%

 

69%

35%

 

54%

Cyprus

83%

 

95%

44%

 

70%

45%

 

54%

Latvia

8%

 

46%

32%

 

44%

27%

 

49%

Lithuania

55%

 

72%

48%

 

55%

32%

 

57%

Luxemburg

34%

 

44%

43%

 

79%

29%

 

58%

Hungary

46%

 

88%

34%

 

69%

30%

 

59%

Malta

77%

 

98%

42%

 

89%

23%

 

31%

Netherlands

28%

 

59%

45%

 

68%

8%

 

34%

Austria

26%

 

50%

37%

 

72%

21%

 

48%

Poland

59%

 

78%

30%

 

55%

25%

 

56%

Portugal

63%

 

77%

36%

 

71%

18%

 

46%

Romania

77%

 

93%

45%

 

67%

25%

 

64%

Slovenia

63%

 

89%

39%

 

71%

23%

 

63%

Slovakia

57%

 

79%

36%

 

59%

18%

 

40%

Finland

30%

 

30%

35%

 

51%

35%

 

46%

Sweden

22%

 

22%

36%

 

65%

25%

 

38%

United Kingdom

59%

 

84%

55%

 

73%

32%

 

49%

EU 28

59%

 

81%

42%

 

69%

28%

 

50%

Amendment

Table (a): Emission reduction commitments for sulphur dioxide (SO2), nitrogen oxides (NOx) and non-methane volatile organic compounds (NMVOC). Fuels sold, base year 2005.

Member State

SO2 reduction compared with 2005

NOx reduction compared with 2005

NMVOC reduction compared with 2005

For any year from 2020 to 2024

For any year from 2025 to 2029

For any year from 2030

For any year from 2020 to 2024

For any year from 2025 to 2029

For any year from 2030

For any year from 2020 to 2024

For any year from 2025 to 2029

For any year from 2030

Belgium

43%

67%

68%

41%

58%

63%

21%

44%

44%

Bulgaria

78%

91%

94%

41%

62%

65%

21%

61%

62%

Czech Republic

45%

68%

72%

35%

61%

66%

18%

55%

57%

Denmark

35%

56%

58%

56%

65%

69%

35%

59%

59%

Germany

21%

46%

53%

39%

63%

69%

13%

42%

43%

Estonia

32%

70%

71%

18%

55%

61%

10%

31%

37%

Greece

74%

90%

92%

31%

68%

72%

54%

68%

67%

Spain

67%

89%

89%

41%

72%

75%

22%

48%

48%

France

55%

77%

78%

50%

66%

70%

43%

49%

50%

Croatia

55%

86%

87%

31%

64%

66%

34%

52%

48%

Ireland

65%

81%

83%

49%

64%

75%

25%

33%

32%

Italy

35%

76%

75%

40%

66%

69%

35%

54%

54%

Cyprus

83%

97%

95%

44%

68%

70%

45%

53%

54%

Latvia

8%

47%

46%

32%

39%

44%

27%

57%

49%

Lithuania

55%

74%

72%

48%

54%

55%

32%

59%

57%

Luxemburg

34%

44%

44%

43%

73%

79%

29%

58%

58%