1993D0389 — EN — 01.05.1999 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DECISION
of 24 June 1993
for a monitoring mechanism of Community CO2and other greenhouse gas emissions
(93/389/EEC)
(OJ L 167, 9.7.1993, p. 31)
Amended by:
Official Journal
No page date
►M1 Council Decision 1999/296/EC of 26 April 1999 L 117 35 5.5.1999
1993D0389 — EN — 01.05.1999 — 001.001 — 2
▼B
COUNCIL DECISION
of 24 June 1993
for a monitoring mechanism of Community CO 2and other green-
house gas emissions
(93/389/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 130s thereof,
Having regard to the proposal of the Commission,Having regard to the opinion of the European Parliament (
1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the 1973 (3), 1977 (4), and 1983 (5) Community action
programmes on the environment stress the importance of the reductionand prevention of atmospheric pollution; whereas, in addition, the1987 (
6) action programme emphasizes the importance for Community
action to concentrate as a priority on the reduction at source of suchpollution; whereas the 1993 Community programme of policy and
action in relation to the environment and sustainable development has
as one of its principal themes climate change and outlines the need foraction in the relevant economic sectors so that CO
2and other green-
house gas emissions are controlled;
Whereas the Council resolution of 16 September 1986 concerning new
Community energy policy objectives for 1995 and convergence of the
policies of the Member States (7) calls for a search for balanced solu-
tions as regards energy and the environment;
Whereas, at its meeting in Dublin in June 1990, the European Council
urged the adoption as soon as possible of targets and strategies forlimiting emissions of greenhouse gases;
Whereas, at their meeting on 29 October 1990, the Council (Environ-
ment and Energy Ministers) agreed that the Community and MemberStates, assuming that other leading countries undertook similar commit-ments, and acknowledging the targets identified by a number ofMember States for stabilizing or reducing emissions by different dates,
were willing to take actions aimed at reaching stabilization of the total
CO
2emissions by 2000 at the 1990 level in the Community as a whole,
and also that Member States which start from relatively low levels ofenergy consumption and therefore low emissions measured on a percapita or other appropriate basis are entitled to have CO
2targets and/or
strategies corresponding to their economic and social development,
while improving the energy efficiency of their economic activities;
Whereas, at their meeting on 13 December 1991, the Council (Energy
and Environment Ministers) invited the Commission to proposeconcrete measures arising from the Community strategy and requiredthat such measures should take into account the concept of equitable
burden sharing, according to the conclusions of the Council meeting of
29 October 1990;
Whereas the Commission has underlined, in the framework of a
Community strategy to limit CO
2emissions and to improve energy effi-
ciency, the need to set up a mechanism of monitoring and evaluation;
(1) OJ No C 115, 26. 4. 1993.
(2) OJ No C 73, 15. 3. 1993, p. 73.
(3) OJ No C 112, 20. 12. 1973, p. 1.
(4) OJ No C 139, 13. 6. 1977, p. 1.
(5) OJ No C 46, 17. 2. 1983, p. 1.
(6) OJ No C 328, 7. 12. 1987, p. 1.
(7) OJ No C 241, 25. 9. 1986, p. 1.
1993D0389 — EN — 01.05.1999 — 001.001 — 3
▼B
Whereas such monitoring and evaluation should be integrated as closely
as possible into the existing reviews of energy programmes of MemberStates, as mentioned in the abovementioned Council resolution of 16October 1986;
Whereas all Member States and the Community are signatories to the
United Nations framework convention on climate change, which, whenratified, will commit the developed countries and other Parties listed inAnnex I to the Convention to take measures to limit anthropogenicemissions of CO
2and other greenhouse gases not controlled by the
Montreal Protocol with the aim of returning individually or jointly to
the 1990 levels these anthropogenic emissions by the end of the presentdecade: whereas, in this perspective, it is desirable to ensure consistencywith the monitoring mechanism to be established under the Convention;whereas this is particularly relevant as regards methodologies forcompiling inventories and reporting requirements;
Whereas on the occasion of the signing of the said Convention the
Community and its Member States reaffirmed the objective of stabiliza-tion of CO
2emissions by 2000 at 1990 levels in the Community as a
whole, as set out in the Council conclusions of 29 October 1990, 13
December 1991, 5 May and 26 May 1992,
HAS ADOPTED THIS DECISION:
▼M1
Article 1
This Decision establishes a mechanism for:
— monitoring all anthropogenic greenhouse gas emissions not
controlled by the Montreal Protocol in the Member States; and
— evaluating progress towards meeting commitments in respect of
these emissions.
Article 2
National programmes
1. The Member States shall devise, publish and implement national
programmes for limiting and/or reducing their anthropogenic emissionsby sources and enhancing removals by sinks of all greenhouse gases notcontrolled by the Montreal Protocol in order to contribute to:
— the stabilisation of CO
2emissions by 2000 at 1990 levels in the
Community as a whole, assuming that other leading countriesundertake commitments along similar lines, and on the under-
standing that Member States which start from relatively low levels
of energy consumption and therefore low emissions measured on aper capita or other appropriate basis are entitled to have CO
2targets
and/or strategies corresponding to their economic and social devel-opment, while improving the energy efficiency of their economic
activities, as agreed at the Council meetings of 29 October 1990, 13
December 1991 and 15 and 16 December 1994,
— the fulfilment of the Community's commitments relating to the
limitation and/or reduction of all greenhouse gas emissions not
controlled by the Montreal Protocol under the UN FrameworkConvention on Climate Change and under the Kyoto Protocol,
— transparent and accurate monitoring of the actual and projected
progress of Member States, including the contribution made byCommunity measures, in meeting any agreed national contributionsto the Community's commitments under the UN Framework
Convention on Climate Change and the Kyoto Protocol.
These programmes shall be periodically updated.2. Each Member State shall include in its national programme:
(a) estimates of the effect of policies and measures on emissions and
removals and incorporation of these in projections for CO
2and
other greenhouse gases not controlled by the Montreal Protocol
1993D0389 — EN — 01.05.1999 — 001.001 — 4
▼M1
between the base year and 2000, in line with the reporting require-
ments under the UN Framework Convention on Climate Change;
(b) as a minimum for the six greenhouse gases listed in Annex A to the
Kyoto Protocol (carbon dioxide (CO 2), methane (CH 4), nitrous
oxide (N 2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs)
and sulphur hexafluoride (SF 6)),
— its 1990 base year anthropogenic emissions of carbon dioxide,
methane and nitrous oxide in accordance with Article 3(1),
— its 1990 and/or 1995 base year anthropogenic emissions of
hydrofluorocarbons, perfluorocarbons and sulphur hexafluoridedetermined in accordance with Article 3(1),
— inventories of its anthropogenic emissions by sources and
removal by sinks, determined in accordance with Article 3(1),
— details of national policies and measures implemented or
committed to since the base year which contribute significantlyto its efforts to reduce emissions and enhance sinks of green-house gases, organised by gas and by sector and including theobjective of the measure, the type of policy instrument used bymeasure, the status of implementation of the policy or measure
as well as, where possible, intermediate indicators of progress
for policies and measures,
— measures being taken or envisaged for the implementation of
relevant Community legislation and policies,
— estimates of the effect of policies and measures on emissions
and removals and incorporation of these in projections:
(i) for the greenhouse gases listed in Annex A to the Kyoto
Protocol between the base year and the period 2008 to2012; and
(ii) to the extent possible, for the greenhouse gases listed in
Annex A to the Kyoto Protocol between the base year and
2005,
in accordance with the procedure set out in Article 8, on the
basis of standard procedural guidelines, including information
for a quantitative understanding of the key assumptions used to
develop the said projections and the methodology used for theprovision of the estimates,
— an assessment of the economic impact of the above measures,
to the extent possible;
(c) information on the following gases: carbon monoxide (CO),
nitrogen oxides (NOx), non methane volatile organic compounds(NMVOCs) and sulphur oxides, in line with the reporting require-
ments under the UNFCCC, including:
— data on emissions,
— a description of policies and measures being taken or envi-
saged for the limitation and/or reduction of the emissions ofthese gases,
— as far as possible, estimates for emissions projections at
regular intervals in the future and as being agreed upon in
accordance with the procedure set out in Article 8, on the basisof standard procedural guidelines, including information for aquantitative understanding of the key assumptions and themethodology used for the provision of the estimates.
Article 3
Inventories and data reporting
1. Member States shall determine their anthropogenic emissions by
sources and removals by sinks of all greenhouse gases not controlled by
the Montreal Protocol, as specified in Article 2(2), in accordance withthe methodologies accepted by the IPCC and agreed upon by theConference of the Parties. They shall be revised, in accordance with theprocedure under Article 8, as appropriate, to take fully into account anyrelevant future decisions by the Conference of the Parties.
1993D0389 — EN — 01.05.1999 — 001.001 — 5
▼M1
2. Member States shall each year, not later than 31 December, report
to the Commission their anthropogenic CO 2emissions and CO 2removal
by sinks for the previous calendar year.
Member States shall also report national inventory data on emissions by
sources and removals by sinks of the other greenhouse gases referred toin Article 2(2) on an annual basis. They shall report to the Commission
by 31 December their final data for the previous year but one, and
provisional data for the previous year.
Member States shall also report by 31 December on the most recent
projected emissions by sources and removals by sinks of the greenhousegases listed in Annex A to the Kyoto Protocol for the period 2008 to2012 and, as far as possible, for 2005.
The Commission shall take further steps to promote the comparability
and transparency of national inventories and reporting.
3. The Commission shall, in cooperation with the Member States,
establish, on the basis of the information provided by them, inventories
of anthropogenic greenhouse gas emissions and removal by sinks in the
Community. The Commission shall circulate to all Member States by 1March these inventories based on data received in accordance withparagraph 2.
Article 4
Procedures and methods for evaluation
In accordance with the procedure referred to in Article 8, the Commis-
sion shall establish procedures and methods for the evaluation ofnational programmes as referred to in Article 6 and the frequency ofupdating by the Member States.
Article 5
Evaluation of national programmes and of the state of emissions in
the Community
1. Member States shall forward to the Commission their existing
national programmes not already forwarded, or updates of programmesalready forwarded, within three months of receiving notification of this
Decision.
Future national programmes and their updates shall be forwarded to the
Commission within three months of their adoption.
2. The Commission shall forward to the other Member States the
national programmes received within one month of their reception.
3. The Commission shall evaluate the national programmes, in order
to assess whether progress in the Community as a whole is sufficient toensure fulfilment of the commitments referred to in Article 2(1).
4. The Commission shall report to the European Parliament and the
Council the results of its evaluation within six months of the receptionof the national programmes.
The European Environment Agency will assist in compiling this report
as appropriate, in accordance with its annual work programme.
Article 6
Evaluation of progress
The Commission shall assess annually in consultation with Member
States whether the actual and projected progress of Member States,including the contribution made by Community measures, towards
fulfilling the Community's commitments under the UNFCCC and the
Kyoto Protocol is sufficient to ensure that the Community and itsMember States are on course to fulfil their commitments and shallreport to the European Parliament and the Council, on the basis of infor-mation received under Articles 2, 3 and 5. The Commission's reportshall be made available to the European Parliament and the Council
1993D0389 — EN — 01.05.1999 — 001.001 — 6
▼M1
even in the case of incomplete data being received from Member States,
and the Commission may include in this case the best available data inthe report, in consultation with the Member State concerned.
Article 7
Other greenhouse gases
(deleted)
Article 8
Committee
1. The Commission shall be assisted by a committee composed of the
representatives of the Member States and chaired by the representativeof the Commission.
2. The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The committee shall
deliver its opinion on the draft within a time limit which the chairman
may lay down according to the urgency of the matter. The opinion shallbe delivered by the majority laid down in Article 148(2) of the Treatyin the case of decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of the
Member States within the committee shall be weighted in the manner
set out in that Article. The chairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged if they are
in accordance with the opinion of the committee.
(b) If the measures envisaged are not in accordance with the opinion
of the committee, or if no opinion is delivered, the Commission
shall, without delay, submit to the Council a proposal relating to
the measures to be taken. The Council shall act by a qualifiedmajority.
If, on the expiry of a period of three months from the date of
referral to the Council, the Council has not acted, the proposed
measures shall be adopted by the Commission.
▼
B
Article 9
This Decision is addressed to the Member States.