on the position to be taken on behalf of the European Union at the 39th session of the Executive Body under the Convention on Long-Range Transboundary Air Pollution

EXPLANATORY MEMORANDUM

1.Subject matter of the proposal

This proposal concerns the decision establishing the position to be taken on the Union’s behalf in the Executive Body of the Convention on Long-Range Transboundary Air Pollution (the Air Convention) in connection with the decision on proposed amendments of Article 3bis and Annex VII to the Air Convention Protocol to Abate Acidification, Eutrophication and Ground-level Ozone (as amended 2012).

2.Context of the proposal

2.1.The Air Convention and its Protocol to Abate Acidification, Eutrophication and Ground-level Ozone (as amended 2012)

The UNECE Convention on Long-Range Transboundary Air Pollution (the ‘Air Convention’), adopted in 1979, is the most advanced regional environmental agreement addressing clean air policy.

Under the Air Convention, the Protocol to Abate Acidification, Eutrophication and Ground-level Ozone (the ‘Gothenburg Protocol’) was agreed in November 1999. It forms the basis for Directive (EC) 2016/2284 on the reduction of national emissions of certain atmospheric pollutants that repealed Directive 2001/81/EC on national emission ceilings. The Gothenburg Protocol was amended in 2012. The amended version entered into force on 7 October 2019.

The European Union is a Party to the Air Convention and to the Gothenburg Protocol as amended in 2012. All Member States are Parties to the Air Convention; 21 Member States are Parties to the Gothenburg Protocol and 15 Member States have so far accepted the 2012 amendment to the Gothenburg Protocol.

2.2.The Executive Body

The Executive Body is the governing body of the Air Convention and is composed of representatives of Parties to the Convention. Pursuant to Article 10 of the Air Convention, the Executive Body shall review the implementation and development of the Air Convention and its Protocols.

The Executive Body aims to reach its decisions by consensus.

Amendments to the Gothenburg Protocol shall be adopted by consensus of the Parties present at a session of the Executive Body.

2.3.The envisaged decision of the Executive Body

On 9-13 December 2019, during its 39th session, the Executive Body will discuss and potentially adopt amendments proposed by the USA to Article 3bis and Annex VII of the amended Gothenburg Protocol (‘the envisaged act’).

The purpose of the envisaged act is to extend the possibility for countries in the Eastern European, Caucasus and Central Asian (EECCA) region to apply a flexible timescale for meeting certain obligations, to facilitate their ratification of the Gothenburg Protocol.

The envisaged act will become binding for the Parties:

- in accordance with Article 13bis of the Gothenburg Protocol, which provides that amendments to the Protocol shall enter into force for the Parties, which have accepted them on the ninetieth day after the date on which two thirds of those that were Parties at the time of the adoption have deposited their acceptance instruments.

- For those Parties having accepted it, a different procedure is foreseen in respect of amendments to annexes IV to XI of the Gothenburg Protocol: such amendments shall become effective one year from the date of communication of the decision to all Parties, except for those Parties that notify the depositary that they are unable to approve the amendment. In the case of 16 or more Parties submitting such a notification, the amendment shall not enter into force.

In practice, the proposed amendments will not affect the obligations for Member States since the obligations in question are already part of the EU acquis and applied by Member States. The proposed amendments would however provide a possibility for non-EU Parties, notably in the EECCA region, to continue to use the flexibility already negotiated and agreed as part of the 2012 amendment of the Gothenburg Protocol, for a prolonged period.