# EUR-Lex - 52013PC0920 - EN

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# 52013PC0920

**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 final - 2013/0443 (COD) */**

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EXPLANATORY MEMORANDUM

1.         CONTEXT OF THE PROPOSAL

General context – Grounds for and
objectives of the proposal

Directive 2001/81/EC of the European
Parliament and of the Council[1]
set annual national emission ceilings for each Member State to be attained by
2010, covering emissions of sulphur dioxide (SO2), nitrogen oxides
(NOx), non-methane volatile organic compounds (NMVOC) and ammonia (NH3).
These were aimed at reducing air pollution and its adverse impacts upon public
health and the environment across the Union, and also at compliance with the
Gothenburg Protocol.[2]

There is a need to review and update these
requirements to address the highly significant remaining health risks and
environmental impacts posed by air pollution in the Union, and to align Union
law with new international commitments following a revision of the Gothenburg
Protocol in 2012.

The required impact reductions are set out
in the revised Thematic Strategy on Air Pollution,[3] which updates the
pathway towards the Union's long-term objective of reaching air quality levels
that do not cause significant impacts on and risks to human health and the
environment. This proposal is one of the main legislative pillars to achieve
these reductions.

As well as setting out the further emission
cuts needed, this proposal addresses some of the shortcomings in the
implementation of the Union air policy framework and the need for enhanced
co-ordination between emission reductions and air quality as well as climate
change and biodiversity protection.

Given the nature and extent of the
necessary modifications to Directive 2001/81/EC and the need to enhance
consistency and legal clarity, the review of Directive 2001/81/EC calls for its
repeal and the adoption of a new Directive (this Directive).

Consistency with other policies and
objectives of the Union

The
objectives of this initiative are consistent with and reinforce the Europe 2020
objectives on smart, inclusive, and sustainable growth. They should stimulate
innovation that will help support green growth and maintain the competitiveness
of the European economy whilst assisting the transition to a low carbon
economy, protecting Europe's natural capital and capitalising on Europe's leadership in developing new green technologies.[4]
Simplification and clarification
of existing policy to enable better implementation is pursued where possible in
the spirit of smarter regulation.[5]
Where measures are introduced, care is taken to safeguard the interests of SMEs
along the "think small first" principle.[6] Coherence has been
ensured with the closely-related areas of transport, industrial, agriculture
and climate change, and resource efficiency.

2.         RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

Consultation with interested parties

The review process drew on expertise built up
over several decades of air quality assessments, management and review
activities in the Union and internationally. Consulted parties included Member State authorities responsible for the implementation of the current policy framework
at all administrative levels. Five stakeholder meetings were held between June
2011 and April 2013 to ensure transparency and offer opportunities for
stakeholder comments and inputs. All meetings were web-streamed to enable the
broadest possible participation. In parallel, two public consultations were
organised: a first at the end of 2011 focused on review of the strengths and
weaknesses of the existing air quality policy framework; the second on-line
public consultation of all stakeholders on the main policy options available to
address the remaining air quality problems in early 2013.[7] A Eurobarometer survey
seeking the view of the general public on air pollution issues was conducted
and reported in 2012.[8]
The Commission and the European Environment Agency (EEA) also conducted an Air
Implementation Pilot project, bringing together 12 cities from across the Union to assess local experience with implementing the air policy framework.[9]

Result of the impact assessment

Full compliance with
air quality legislation can be achieved in the short to medium term by focusing
on the implementation of existing policy plus Member State action. While
Directive 2001/81/EC should be revised to incorporate the Union's international
commitments for 2020 under the Gothenburg Protocol, more stringent reductions
are not appropriate for 2020.

However, the period
to 2030 is a different case. To address the outstanding health and
environmental impacts requires substantially tighter emission reduction
commitments. For 2030 the preferred option is 70% of the maximum feasible
reduction of health impacts in 2030, further optimised for additional
reductions in eutrophication and ozone. These emission reduction commitments
provide a continuing trajectory towards the Union's long-term objective.

Implementation of
the Gothenburg reduction commitments for 2020 entails no additional Union
expenditure over the baseline. The new reduction commitments for 2030 are
designed to implement the reduction of air quality impacts by 2030 established
in the Communication on a Clean Air Programme for Europe. The impact assessment
modelled the optimal delivery of the desired reduction, and this optimisation
yielded national emission reduction commitments for the six most relevant pollutants.
These reduction commitments will reduce total external costs of air pollution
by €40bn (on the most conservative valuation) compared to the €212bn in the
baseline, including direct economic benefits amounting to more than €2.8
billion: €1,85bn from reduced labour productivity losses, reduced health care
costs of €600m, reduced crop value losses of €230m, and reduced damage to the
built environment of €120m. This compares with annual compliance costs of €3,3bn,
or about one twelfth of the external cost savings. The
baseline shall deliver in 2030 a reduction of health burden by 40% as compared
to 2005. This proposal delivers an extra 12%, which makes a 52% reduction in
total regarding health burden as compared to 2005. For eutrophication, it
delivers an extra 50% on top of the baseline.

Methane ceilings under the NEC regime of the Union could bring down
emissions cost-effectively although the policy would need to be consistent with
Decision 406/2009/EC of the European Parliament and of the Council.[10] Provisions to improve
governance and align monitoring and reporting with international obligations
could be included at very modest administrative cost (around €8m initial cost
and €3.5m annual cost Union-wide).

3.         LEGAL ELEMENTS OF THE
PROPOSAL

Summary of the proposed action

The proposal repeals and replaces the
current Union regime on the annual capping of national emissions of air
pollutants, as defined in Directive 2001/81/EC. By doing so, it ensures that
the national emission ceilings (NECs) set in Directive 2001/81/EC for 2010
onwards for SO2, NOx, NMVOC and NH3 shall apply until 2020
and establishes new national emission reduction commitments ("reduction
commitments") applicable from 2020 and 2030 for SO2, NOx,
NMVOC, NH3, fine particulate matter (PM2,5) and methane
(CH4) as well as intermediate emission levels for the year 2025
applicable to the same pollutants.

Specific
information on the main Articles and Annexes is provided below.

Articles 1, 2 and 3 specify the subject-matter and the scope of this proposal and
provide definitions of key terms used therein.

In accordance with Article 4 read in
combination with Annex II, Member States must limit their annual
emissions of SO2, NOx, NMVOC, NH3, PM2,5 and
CH4, to meet their reduction commitments applicable from 2020 and 2030.
Furthemore, Member States must limit in 2025 their annual emissions of those
pollutants to the levels defined on the basis of a linear reduction trajectory,
unless this would require measures entailing disproportionate costs. Article 4
indicates what emission sources should not be accounted for.

Article 5
entitles Member States to use certain flexibilities, provided that the
Commission does not object: to account for a share of NOx, SO2, and PM2,5
emission reductions achieved by international maritime traffic under certain
conditions; to implement jointly their reduction commitments for CH4;
and to propose adjusted emission inventories when non-compliance with a
reduction commitment (save for CH4) results from improved inventory
methodology.

Article 6
requires Members States to adopt, implement and regularly update their national
air pollution control programmes (NAPCPs) describing how their reduction
commitments shall be met. NAPCPs should, at least, contain the information set
out in Annex III (part 2) and on the reduction of black carbon emissions
and may prescribe specific measures, as listed in Annex III (part 1), to
curb PM2,5 and NH3 emissions from the agricultural
sector. NAPCPs shall be developed in the context of the overall air quality
policy framework and shall include information on the analysis underpinning the
selection of measures. Member States shall subject their NAPCPs to public
consultation before their finalisation. To this end, Article 16 amends Directive
2003/35/EC of the European Parliament and of the Council[11] to ensure that it
covers NAPCPs.

Article 7 read
in combination with Annex I requires Member States to monitor air
pollutant emissions and, in so doing, prepare and update, in line with the
obligations and guidelines enacted under the LRTAP Convention referred to and
further specified in Annex IV, national emission inventories and
projections to be accompanied by an informative inventory report (IIR). Member
States that apply the flexibilities under Article 5 must include relevant
information in the IIR or in a separate report.

Under Article 8, Member States shall
monitor, where practicable, the adverse impacts of air pollution upon water and
terrestrial ecosystems, based on the modalities specified in Annex V.
Member States are entitled to make use of monitoring systems established under
other Union instruments.

Article 9
requires Member States to communicate to the Commission, at the dates specified
in Annex I, their NAPCP and any updates and all monitoring information established
in accordance with Articles 7 and 8. The Commission, assisted by the European
Environment Agency and Member States, shall regularly verify the accuracy and
completeness of reported national emission inventory data.

Article 10
provides that the Commission shall report every five years on the
implementation of this Directive, including on the application of Article 4,
paragraph 2 related to intermediate emission levels set for 2025.

Article 11
promotes the systematic, active and electronic dissemination of the information
collected and processed under this proposal and refers, in that context, to the
requirements established in Union law, including in Directive 2003/4/EC of the European
Parliament and of the Council.[12]

Article 12
promotes cooperation between the Commission and Member States with third
countries and relevant international organisations to further and better
address air pollutant emissions at a global level.

Article 13
lays down the modalities of the procedure applicable under Articles 6(7), 7(9)
and 8(3) to the adaptation of Annexes I, III (part 1), IV and V to scientific
and technical progress through delegated acts.

Article 14
refers to the Committee examination procedure that the Commission shall use to
enact implementing acts under Articles 5(6) and 6(9) and specifies that the
existing Committee established under Article 29 of Directive 2008/50/EC shall
be used.

Articles 15, 17 and 19 lay down the provisions on penalties applicable to breaches of the
national provisions enacted pursuant to the proposal, on the entry into force
and the transposition of the proposal into Member States’ legislation.

Article 18 is
concerned with the repeal of Directive 2001/81/EC while
specifying that the NECs it sets shall remain applicable until 31 December
2019.

Annex VI
contains the correlation table.

Legal basis

As the primary objective of the proposal is
the protection of the environment, in accordance with Article 191 TFUE, it is
based on Article 192(1) TFUE.

Subsidiarity and proportionality
principles and choice of instrument

The subsidiarity principle applies insofar
as the proposal does not fall under the exclusive competence of the Union.

The objectives of the proposal cannot be
sufficiently achieved by the Member States. To address the significant remaining
air quality impacts in the Union, each Member State must reduce its pollutant
emissions, and the cost-effective combination of reductions across Europe can only be co-ordinated at Union level. The reduction commitments identified take
account not only of the domestic impacts of national emissions, but also of
their transboundary impacts.

Action by the Union will better achieve the
objective of the proposal. Directive 2001/81/EC sets reduction targets and
minimum requirements for their implementation, while leaving Member States to
determine the optimum combination of measures to achieve those reductions. That
principle is maintained in this proposal, which further harmonises the
requirements on national programmes and on the monitoring and reporting of
emissions of air pollutants with a view to correcting shortcomings of Directive
2001/81/EC, and to complying with international commitments undertaken under
the LRTAP Convention and its protocols. Although the
proposal requires control of emissions at source in the agriculture sector,
Member States are entitled not to implement them if they are not necessary to
achieve the relevant reduction commitment.

This proposal therefore respects the
subsidiarity principle.

The chosen legal instrument is a Directive
as the proposal lays down objectives and obligations, while leaving sufficient
flexibility to the Member States as regards the choice of measures for
compliance and their detailed implementation. The proposal therefore complies
with the proportionality principle.

4.         BUDGETARY IMPLICATION

The Directive will be implemented using the
existing budget and will not impact on the multi-annual financial framework.

5.         OPTIONAL ELEMENTS

Explanatory
documents

The Commission
considers that explanatory documents are necessary in order to improve the
quality of information on the transposition of the directive for the following
reasons.

The complete and correct transposition of
the Directive is essential to guarantee that its objectives (i.e. protecting
human health and the environment) are achieved. Given
that certain Member States already regulate emissions of air pollutants,
the transposition of this directive would probably
not consist of one piece of legislation, but rather, various amendments or new
proposals in relevant fields. In addition, the implementation of the
Directive is often highly decentralised, as the regional and local authorities
are responsible for its application and, in some Member States, even for its
transposition.

The above factors are likely to increase
the risks of incorrect transposition and implementation of the Directive, and
complicate the Commission’s task of monitoring the application of Union law.
Clear information with respect to the transposition of the Directive is
instrumental in ensuring the conformity of national legislation with its
provisions.

The requirement
to provide explanatory documents may create an additional administrative burden
on those Member States which do not work on this basis in any case. However,
the possible additional administrative burden is proportionate to the aim
pursued, namely to ensure effective transposition and fully achieve the
objectives of the Directive.

In view of the
above it is appropriate to ask Member States to accompany the notification of
their transposition measures with one or more documents explaining the
relationship between the provisions of the Directive and the corresponding
parts of national transposition instruments.

2013/0443 (COD)

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

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning
of the European Union, and in particular Article 192(1) thereof,

Having regard to the proposal from the
European Commission,

After transmission of the draft legislative
act to the national Parliaments,

Having regard to the opinion of the
European Economic and Social Committee[13],

Having regard to the opinion of the
Committee of the Regions[14],

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(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 Council[16]
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.

(2)       The seventh Environment
Action Programme[18]
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.

(3)       The revised TSAP sets out
new strategic objectives for the period up to 2030 with a view to moving
further towards the Union's long-term objective.

(4)       Member States and the Union
are parties to the 1979 United Nations Economic Commission for Europe
Convention on Long-Range Transboundary Air Pollution ("LRTAP
Convention")[19]
and to several of its Protocols, including the 1999 Gothenburg Protocol to
Abate Acidification, Eutrophication and Ground-level Ozone.

(5)       As regards the year 2020
and thereafter, the revised Gothenburg Protocol accepted by the Council in
Decision [xxxx/xxxx/EU][20]
sets out new emission reduction commitments, taking the year 2005 as a base
year, for each party regarding SO2, NOx, NH3,
NMVOC and fine particulate matter (PM2,5), promotes emission
reductions of black carbon and calls for the collection and keeping of
information on the adverse effects of air pollutant concentrations and
depositions on human health and the environment and participation in the
effects-oriented programmes under the LRTAP Convention.

(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.

(7)       Member States should
implement this Directive in a way that contributes effectively to the meeting
of the Union's long-term objective on air quality as supported by the
guidelines of the World Health Organisation and of the Union's biodiversity and
ecosystem protection objectives by reducing the levels and deposition of
acidifying, eutrophifying and ozone air pollution below critical loads
and levels as set out by the LRTAP Convention.

(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.

(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.

(10)     Some Member States opted
under the LRTAP Convention for setting emission ceilings based on fuel used
regarding the transport sector. This has resulted in a lack of coherence with
their overall energy consumption and statistics as well as those of the Union as a whole. Accordingly, in order to guarantee a common and coherent basis for all
Member States and the Union as a whole, this Directive sets out reporting
requirements and emission reduction commitments based on national energy
consumption and fuel sold, which ensures further coherence with Union climate
change and energy legislation.

(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.

(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]

(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.

(14)     The national air pollution
control programme, including the analysis supporting the identification of
policies and measures, should be regularly updated.

(15)     In order to draw up well
informed national air pollution control programmes and any significant updates,
Member States should make those programmes and updates subject to consultation
by the public and competent authorities at all levels when all options
regarding policies and measures remain open. Member States should engage in
transboundary consultations in case where the implementation of their programme
could affect air quality in another country, in accordance with the
requirements set out in Union and international legislation, including the
Convention on Environmental Impact Assessment in a Transboundary Context
(Espoo, 1991) and its Protocol on Strategic Environmental Assessment (Kyiv,
2003), as approved by the Council.[24]

(16)     Member States should
establish and report emission inventories, projections and informative
inventory reports for all air pollutants covered by this Directive, which
should then enable the Union to meet its reporting duties under the LRTAP
Convention and its Protocols.

(17)     In order to preserve
overall consistency for the Union as a whole, Member States should ensure that
their reporting to the Commission of their national emission inventories,
projections and informative inventory are fully consistent with their reporting
under the LRTAP Convention.

(18)     In order to assess the
effectiveness of the national emission reduction commitments laid down in this
Directive, Member States should also monitor, where practicable, the effects of
such reductions in terrestrial and aquatic ecosystems, in accordance with
internationally established guidelines and report these effects.

(19)     In line with Directive
2003/4/EC of the European Parliament and of the Council[25], Member States should
ensure active and systematic dissemination of information by electronic means.

(20)     It is necessary to amend
Directive 2003/35/EC of the European Parliament and of the Council[26] with a view to
ensuring consistency of this Directive with the 1998 Aarhus Convention on
Access to Information, Public Participation in Decision-Making and Access to
Justice in Environmental Matters.

(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.

(22)     In order to ensure uniform
conditions for the implementation of this Directive, implementing powers should
be conferred on the Commission. Those powers should be exercised in accordance
with Regulation (EU) No 182/2011 of the European Parliament and of the Council.[27]

(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.

(24)     With a view to the nature
and extent of the modifications which should be made to Directive 2001/81/EC,
that Directive should be replaced to enhance legal certainty, clarity,
transparency and legislative simplification. In order to ensure continuity in
improving air quality, Member States should comply with the national emission
ceilings set out in Directive 2001/81/EC until the new national emission
reduction commitments laid down in this Directive become applicable in 2020.

(25)     Since the objective of this
Directive, namely to ensure a high level of protection of human health and the
environment, cannot be sufficiently achieved by Member States, but can rather,
by reason of the transboundary nature of air pollution, be better achieved at
Union level, the Union may adopt measures in accordance with the principle of
subsidiarity as set out in Article 5 of the Treaty on European Union. In
accordance with the principle of proportionality, as set out in that Article,
this Directive does not go beyond what is necessary in order to achieve that
objective.

(26)     In accordance with the
Joint Political Declaration of Member States and the Commission of 28 September
2011 on explanatory documents,[28]
Member States have undertaken to accompany, in justified cases, the
notification of their transposition measures with one or more documents
explaining the relationship between the components of a directive and the
corresponding parts of national transposition instruments. With regard to this
Directive, the legislator considers the transmission of such documents to be
justified.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject matter

This Directive establishes the limits for
the Member States' atmospheric emissions of acidifying and eutrophying
pollutants, ozone precursors, primary particulate matter and precursors of
secondary particulate matter and other air pollutants and requires that
national air pollution control programmes be drawn up, adopted and implemented and
pollutant emissions and their impacts be monitored and reported.

Article 2

Scope

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.

Article 3

Definitions

For the purposes of this Directive, the
following definitions shall apply:

1.           "emission"
means the release of a substance from a point or diffuse source into the
atmosphere;

2.           "ozone
precursors" mean nitrogen oxides, non-methane volatile organic compounds,
methane, and carbon monoxide;

3.           “air
quality objectives” means the limit values, target values and exposure concentration
obligations for air quality set out in Directive 2008/50/EC and Directive 2004/107/EC
of the European Parliament and of the Council;[29]

4.           "nitrogen
oxides" (NOx) mean nitric oxide and nitrogen dioxide, expressed as
nitrogen dioxide;

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;

6.           "PM2,5"
means particulate matter which passes through a size-selective inlet as defined
in the reference method for the sampling and measurement of PM2,5,
EN 14907, with a 50 % efficiency cut-off at 2,5 μm
aerodynamic diameter;

7.           "national emission
reduction commitment" means the reduction in emissions of a substance
expressed as a percentage of emission reduction between the total of emissions
released during the base year (2005) and the total of emissions released during
a target calendar year that Member States must not exceed;

8.           "landing
and take-off cycle" means the cycle that includes taxi in and out,
take-off, climb out, approach, landing and all other aircraft activities that
take place below the altitude of 3000 feet;

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;

10.         "emission
control area" means a special sea area established in accordance with
Annex VI of the International Convention for the Prevention of Pollution from
Ships (MARPOL);

11.         "pollution control
zone" means a sea area not exceeding 200 nautical miles from the baselines
from which the breath of the territorial sea is measured established by a
Member State for the prevention, reduction and control of pollution from
vessels in accordance with applicable international rules and standards;

12.         "black
carbon” (BC) means carbonaceous particulate matter that absorbs light.

Article 4

National emission reduction commitments

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.

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.

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.

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

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

(b)
emissions 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).

Article 5

Flexibilities

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:

(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.

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:

(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.

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.

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

5.           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.

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.

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.

Article 6

National
air pollution control programmes

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.

2.           When drawing up, adopting
and implementing the programme referred to in paragraph 1, Member States shall:

(a)
assess to what extent national emission sources
are likely to impact air quality in their territories and neighbouring Member
States using data and methodologies developed by the European Monitoring and
Evaluation Programme (EMEP), where appropriate;

(b)
take account of the need to reduce air pollutant
emissions for the purpose of reaching compliance with air quality objectives in
their territories and, where appropriate in neighbouring Member States;

(c)
prioritize emission reduction measures for black
carbon when taking measures to achieve their national reduction commitments for
PM2,5;

(d)
ensure coherence with other relevant plans and
programmes established by virtue of requirements set in national or Union legislation.

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.

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

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:

(a)
the obligations set out in Article 4 are not
complied with or there is risk of non-compliance;

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

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.

6.           The Commission shall
facilitate the elaboration and implementation of the programmes, where
appropriate, through an exchange of good practice.

7.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 13 in order to
adapt Part 1 of Annex III to technical progress.

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

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.

Article 7

Emission inventories and projections

1.           Member States shall
prepare and annually update national emission inventories for the pollutants set
out in table A of Annex I, in accordance with the requirements set out therein.

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.

2.           Member States shall
prepare and update every two years spatially disaggregated emission
inventories, large point source inventories and emission projections for the
pollutants set out in table C of Annex I, in accordance with the requirements
set out therein.

3.           The emission inventories
and projections referred to in paragraphs 1 and 2 shall be accompanied by an
informative inventory report, in accordance with the requirements set out in
table D of Annex I.

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:

(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.

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.

6.           Member States that opt for
the flexibility under Article 5(3) shall include the information set out in
Part 4 of Annex IV in the informative inventory report of the year concerned allowing
the Commission to review and assess whether the requirements of that provision
are met.

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

8.           The Commission, assisted
by the European Environment Agency, shall annually establish and update Union-wide
emission inventories, projections, and an informative inventory report for all
the pollutants referred to in Annex I, on the basis of the information referred
to in paragraphs 1, 2 and 3.

9.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 13 in order to
adapt Annex I in relation to reporting deadlines and Annex IV to technical and
scientific progress.

Article 8

Monitoring air pollution impacts

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.

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]

3.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 13 in order to
adapt Annex V to technical and scientific progress.

Article 9

Reporting by Member States

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.

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.

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.

This communication shall be consistent with the
reporting to the Secretariat of the LRTAP Convention.

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]

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:

(a)
checks to verify the transparency, accuracy,
consistency, comparability and completeness of information submitted;

(b)
 checks to identify cases where inventory data
is prepared in a manner which is inconsistent with the requirements set under
international law, in particular under the LRTAP Convention;

(c)
 where appropriate, calculation of the resulting
technical corrections necessary, in consultation with the Member States.

5.           Member
States shall report the following information referred to in Article 8 to the
Commission and the European Environment Agency:

(a)
[By the date referred to in Article 17 - date to
be inserted by OPOCE] and every four years thereafter, the location of the monitoring sites and the associated monitored
indicators, and

(b)
Within [one year of the date referred to in
Article 17 - date to be inserted by OPOCE] and every
four years thereafter, the measured values of the
mandatory indicators.

Article 10

Reports by the Commission

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.

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.

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

Article 11

Access to information

1.           Member States shall, in
compliance with Directive 2003/4/EC, ensure the active and systematic
dissemination to the public of the following information by publishing it on a
publicly accessible Internet site:

(a)
the national air pollution control programmes
and any updates.

(b)
the national emission inventories, including
when occurring, the adjusted emission inventories, the national emission
projections and the informative inventory reports and additional reports and
information communicated to the Commission in accordance with Article 9.

2.           The Commission shall, in
compliance with Regulation n° 1367/2006 of the European Parliament and of the
Council,[32]
ensure the active and systematic dissemination to the public by publishing Union-wide
emission inventories, projections and informative
inventory reports on a publicly accessible Internet
site.

Article 12

Cooperation with third countries and coordination within international
organisations

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.

Article 13

Exercise of the delegation

1.           The power to adopt
delegated acts is conferred on the Commission subject to the conditions laid
down in this Article.

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.

3.           The delegation of power
referred to in Articles 6(7), 7(9) and 8(3) may be revoked at any time by the
European Parliament or by the Council. A decision of revocation shall put an
end to the delegation of the power specified in that decision. It shall take
effect the day following the publication of the decision in the Official
Journal of the European Union or at a later date specified therein. It shall not
affect the validity of any delegated acts already in force.

4.           As soon as it adopts a
delegated act, the Commission shall notify it simultaneously to the European
Parliament and to the Council.

5.           A delegated act adopted
pursuant to Articles 6(7), 7(9) and 8(3) shall enter into force only if no
objection has been expressed either by the European Parliament or the Council
within a period of two months of notification of that act to the European
Parliament and the Council or if, before the expiry of that period, the
European Parliament and the Council have both informed the Commission that they
will not object. That period shall be extended by two months at the initiative
of the European Parliament or the Council.

Article 14

Committee procedure

1.           The Commission shall be
assisted by the Ambient Air Quality Committee established by Article 29 of
Directive 2008/50/EC. That committee shall be a committee within the meaning of
Regulation (EU) No 182/2011.

2.           Where reference is made to
this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 15

Penalties

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.

Article 16

Amendment to Directive 2003/35/EC

In Annex I of Directive 2003/35/EC, the
following letter (g) shall be added:

"(g) Article 6(1) of Directive
XXXX/XX/EU of the European Parliament and of the Council on the reduction of national
emission for certain atmospheric pollutants and amending Directive 2003/35/EC *

- OJ L XX of XX.XX.XXXX, p. X)"

Article 17

Transposition

1.           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.

They shall forthwith communicate to the
Commission the text of those provisions.

When Member States adopt those provisions, they
shall contain a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member States shall
determine how such reference is to be made.

2.           Member
States shall communicate to the Commission the text of the main provisions of
national law which they adopt in the field covered by this Directive.

Article 18

Repeal and transitional provisions

1.           Directive 2001/81/EC of
the European Parliament and of the Council is repealed with effect from [by the
date referred to in Article 17 of this Directive - date to be inserted by
OPOCE].

However, the following provisions of the
repealed Directive shall continue to apply:

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

(b)
 Article 7(1) and (2) and Article 8(1) until [the
date referred to in Article 17 of this Directive - date to be inserted by
OPOCE].

References to the repealed Directive shall be
construed as references to this Directive and shall be read in accordance with
the correlation table set out in Annex VI.

2.           Until
31 December 2019, Member States may apply Article 5(3) of this Directive in
relation to the ceilings under Article 4 and Annex I of Directive 2001/81/EC.

Article 19

Entry into force

This Directive shall enter into force twentieth
day after that of its publication in the Official Journal of the European
Union.

Article 20

Addressees

This Directive is
addressed to the Member States.

Done at Brussels,

For the European Parliament                        For
the Council

The President                                                 The
President

[1]               Directive 2001/81/EC of the European Parliament and
of the Council of 23 October 2001 on national emission ceilings (OJ L 309,
27.11.2001, p. 22).

[2]               Protocol to the United Nations Economic Commission
for Europe (UNECE) Convention on Long-Range Transboundary Air Pollution to
abate acidification, eutrophication and ground-level ozone (1999).

[3]               Communication from the Commission to the Council and
the European Parliament "A Clean Air Programme for Europe ",
COM(2013) [xxx]

[4]               Communication from the Commission “EUROPE 2020 -A strategy for smart, sustainable and inclusive
growth”, COM(2010) 2020 final, 3.3.2010.

[5]               Communication from the
Commission “Smart Regulation in the European Union”, COM(2010) 543 final,
08.10.2010.

[6]               Communication from the
Commission ““Think Small First” - A “Small Business Act” for Europe” COM(2008)
394 final, 25.6.2008.

[7]               The consultation used two questionnaires: a total of
1934 individuals responded to a shorter questionnaire for the general public;
for the longer questionnaire for experts and stakeholders, 371 responses were
received. See http://ec.europa.eu/environment/consultations/air_pollution_en.htm

[8]               Results are available in Eurobarometer 2013.

[9]               For full results, see Report 7/2013 of the EEA..

[10]             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).

[11]             Directive 2003/35/EC of the European Parliament and of
the Council of 26 May 2003 providing for public participation in respect of the
drawing up of certain plans and programmes relating to the environment and
amending with regard to public participation and access to justice Council
Directives 85/337/EEC and 96/61/EC (OJ L156, 25.6.2003, p. 17).

[12]             Directive 2003/4/EC of the European Parliament and of
the Council of 28 January 2003 on public access to environmental information
and repealing Council Directive (OJ L 41, 14.2.2003, p. 26).

[13]             OJ C , , p. .

[14]             OJ C , , p. .

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

[16]             Directive 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).

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

[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.

[19]             Council Decision 2003/507/EC of 13
June 2003 on the accession of the European Community, to the Protocol to the 1979
Convention on Long-Range Transboundary Air Pollution to Abate Acidification,
Eutrophication and Ground-Level Ozone (OJ L179, 17.7.2003, p. 1).

[20]             Council Decision 2013/xxxx/EU on the acceptance of the
Amendment to the 1999 Protocol to the 1979 Convention on Long-Range
Transboundary Air Pollution to Abate Acidification, Eutrophication and
Ground-Level Ozone (OJ L.. p,).

[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).

[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).

[24]             Council Decision 2008/871/EC of 20 October 2008 on the
approval, on behalf of the European Community, of the Protocol on Strategic
Environmental Assessment to the 1991 UN/ECE Espoo Convention on Environmental
Impact Assessment in a Transboundary Context (OJ L 308, 19.11.2008, p. 33).

[25]             Directive 2003/4/EC of the
European Parliament and of the Council of 28 January 2003 on public access to
environmental information (OJ L 41, 14.2.2003, p. 26).

[26]             Directive 2003/35/EC of the European Parliament and of
the Council of 26 May 2003 providing for public participation in respect of the
drawing up of certain plans and programmes relating to the environment and
amending with regard to public participation and access to justice Council
Directives 85/337/EEC and 96/61/EC (OJ L156, 25.6.2003, p. 17).

[27]             Regulation (EU) No 182/2011
of the European Parliament and of the Council of 16 February 2011 laying down
the rules and general principles concerning mechanisms for control by the
Member States of the Commission’s exercise of implementing powers (OJ L 55,
28.2.2011, p. 13)

[28]             OJ C 369, 17.12.2011, p. 14.

[29]             Directive 2004/107/EC
of the European Parliament and of the Council of 15 December 2004 relating to
arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in
ambient air (OJ L 23, 26.1.2005, p. 3–16).

[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)

[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).

[32]             Regulation n° 1367/2006 of the European Parliament and
of the Council of 6 September 2006 on the application of the
provisions of the Aarhus Convention on Access to Information, Public
Participation in Decision-making and Access to Justice in Environmental Matters
to Community institutions and bodies (OJ L 264, 25.09.2006, p. 13).