Opinion of the Committee of the Regions on:

- the 'Communication from the Commission to the Council and the European Parliament on a Community strategy to combat acidification`,

- the 'Proposal for a Council Directive relating to the sulphur content of certain liquid fuels`, and - the 'Proposal for a Council Decision on the conclusion by the European Community of the Protocol to the 1979 Convention on long-range trans-boundary air pollution on further reductions of sulphur emissions` (98/C 64/05)

THE COMMITTEE OF THE REGIONS,

having regard to the Communication to the Council and the European Parliament on a Community strategy to combat acidification (COM(97) 88 final);

having regard to the proposal for a Council Directive relating to a reduction of the sulphur content of certain liquid fuels and amending Directive 93/12/EEC ();

having regard to the proposal for a Council Decision on the conclusion by the European Community of the Protocol to the 1979 Convention on long-range transboundary air pollution on further reductions of sulphur emissions ();

having regard to the decision by the European Commission of 20 May 1997 to consult the Economic and Social Committee on this subject;

having regard to its decision on 11 June 1997, pursuant to the third paragraph of Article 198c of the Treaty establishing the European Community to issue an opinion and to direct Commission 5 - Land-use Planning, Environment and Energy, to undertake the preparatory work;

having regard to the draft opinion adopted by Commission 5 on 3 July 1997 (CdR 174/97 rev.) (rapporteur: Mr McKenna),

adopted the following opinion at its 20th plenary session on 19 and 20 November 1997 (meeting of 19 November).

1. Introduction

1.1. The deposition of atmospheric emissions of acidifying substances and their reaction products leads to changes in the chemical composition, or acidification of soil and surface water which have significant biological effects on both aquatic and terrestrial ecosystems, create human health risks and accelerate the deterioration of the materials used in buildings and monuments. The primary air pollutants contributing to acidification are:

- sulphur dioxide (SO2);

- nitrogen oxide (NOx);

- ammonia (NH3).

These pollutants can be carried by wind for thousands of kilometres before being deposited in the environment as sulphuric acid and nitric acid. Therefore, in order to reduce acidification in one country it is necessary to reduce emissions in many of the countries across the EU and beyond.

1.2. While progress is being achieved in reducing the emissions of these pollutants, the rate of achievement is considered to be too slow. The proposed strategy therefore, revises current and planned legislation in an attempt to achieve the long-term goals of not exceeding ever the critical loads and levels of acidifying substances, as set out in the fifth environmental action programme. The strategy thus aims to impose an interim target of 50 % gap closure by the year 2010 between the level of ecosystem protection in 1990 and the ultimate target of 100 % ecosystem protection. The strategy outlines the following measures:

- a proposal for national emission ceilings;

- ratification of the 1994 CLRTAP sulphur protocol;

- a proposal for the revision of the directive on the sulphur content of certain liquid fuels;

- action related to the LCP and IPPC directives: controlling emissions from stationary sources;

- action related to emissions from shipping;

- action related to countries in central and eastern Europe;

- action related to the CLRTAP;

- possible action to reduce emissions of ammonia;

- economic instruments;

- possible further action related to emissions from transport;

- actions to promote energy efficiency and energy conservation.

1.3. These proposed measures will lead to further emission reductions as compared to those expected to result from current legislation and commitments, which are estimated to reduce Community-wide emissions of SO2, NOx and NH3 by 66, 48 and 15 % respectively between 1990 and 2010.

1.4. The Commission considers that the interim environmental target of 50 % gap closure represents a good balance between ecosystem protection and a global least cost solution for the whole Community. It considers that this target should be achieved by 2010 and that a review process will be undertaken in the year 2004.

2. The role of the Committee of the Regions

2.1. While acidification is a transboundary phenomenon, requiring cohesive international and Community action, it is nonetheless appropriate that the Committee of the Regions comments on any proposal to combat acidification as it also requires coordinated action at national, regional and local levels. Already local and regional authorities are involved in environmental monitoring, imposing economic instruments to combat pollution and have the mandate to influence investment in order to achieve reductions in emissions. Local and regional authorities are often the competent authorities for developing local emission plans, imposing local fuel standards and providing fiscal incentives for low sulphur fuels.

The Committee of the Regions therefore welcomes the establishment of a strategy to combat acidification which will provide a context within which existing directives will apply, a clear framework for the development of future policy instruments and their implementation and enable a complementarity of actions taken by national, regional and local authorities.

2.2. In developing a strategy to combat tropospheric ozone pollution during the course of 1998 to complement the proposed strategy, the Committee of the Regions would welcome the opportunity to be consulted prior to its finalization so that its comments are taken into consideration rather than just noted. This is vital for the reasons given above and the consequences this strategy would have for the economic and social development of specific regions of the Community.

3. The strategy

3.1. The Committee of the Regions believes that the ultimate target of no exceedence of critical loads, as outlined in the Fifth Environmental Action Programme and endorsed by the European Council decision in December 1995, must still remain. The development of an acidification strategy to establish realistic and coherent targets which will focus preventative actions and maximize their impact is very desirable and one which the COR welcomes.

3.2. However, the COR also recognizes the improvements which have been achieved thus far in reducing the level of emissions of pollutants that contribute to acidification. While these do not match the targets set out, they must be viewed as a significant achievement on which to build future action.

3.3. The Committee of the Regions recognizes that the introduction of this strategy has multiple effects, not least in terms of the interlinkages between existing and proposed directives and the measures outlined in the strategy. With the proposed strategy establishing clear priorities the COR considers it vital that the current directives should be reviewed and up-dated in light of these priorities, to avoid overlap and/or a shortfall in the provision of directives addressing the contributing factors to the problem of acidification.

3.4. The Committee of the Regions considers that the target of a 50 % gap closure in the level of ecosystem protection to be a realistic objective, but one which will impose a significant imbalance in the cost-benefits for some regions. While the COR underlines that the primary objective of the strategy is to improve the protection of ecosystems against acidification, it would nevertheless endorse a flexible approach in implementing the strategy to enable some regions, where the emission targets are ambitious, to adjust more gradually.

3.5. Welcomes the commitment to review progress of the strategy in light of the fact that emissions from countries in central and eastern Europe and Russia will probably decrease over the life of the proposed strategy and the development of new technologies and tougher legislation in some Member States will facilitate the achievement of more ambitious, but realistic, targets in some regions.

3.6. The Committee of the Regions does however question the methodology and the underlying assumptions used in developing the strategy. This is based on a general cost-benefit analysis and does not sufficiently consider the implications for individual regions in implementing the strategy. The COR considers that the cost-effectiveness is not significant enough for the level of environmental protection achievable.

In order for the strategy to remain cost-effective, it is essential that the individual measures proposed are responsive to the regional patterns of ecosystem sensitivity, emissions and acid deposition but also on the ability of regions to meet the targets set out.

4. The proposed measures

4.1. General comments

4.1.1. The Committee of the Regions supports the broad range of measures which the Commission proposes in this strategy and underlines the complementary and mutually reinforcing nature of these measures in achieving the targets set out.

4.1.2. In particular the COR welcomes the inclusion of measures to combat the level of emissions of ammonia, something which is not addressed comprehensively in current EU legislation. However, the COR agrees with the Commission's proposal that measures relating to environmental objectives in the field of agriculture may best be achieved in a revised common agricultural policy and at a time when preventative measures are more fully developed.

4.1.3. The Committee of the Regions also considers it appropriate that a strategy such as this should outline new approaches and more proactive 'soft` measures to deal with the problem of acidification. Highlighting new approaches and best practices would help encourage Member States, at appropriate levels, to initiate a range of economic measures, such as the bubble principle and key indicators, information and consumer campaigns and voluntary agreements which would allow a broad approach as to how targets may be achieved.

However, while the measures proposed by the Commission relate directly to fuel quality standards and emission standards for vehicles and the strategy does make brief reference to possible further action in respect of transport, the Committee of the Regions is concerned that the Commission makes no mention of the means of dealing with traffic growth.

4.2. National emission ceilings

4.2.1. The Committee of the Regions supports the use of national emission ceilings as the basis for an acidification policy. This will allow a degree of flexibility as to how targets should be achieved in the most cost-effective manner. However, the underlying problem with the proposed ceilings is that they are based on ambitious medium-term objectives which will place additional burdens on regions already endeavouring to lower the level of emissions in line with current Community directives.

In addition, the calculation of national emissions will be particularly sensitive, given the high percentages of SO2 and NOx emissions from one country which are in fact deposited in other countries. Accordingly, it will be most important to have an effective means of Community-wide compliance.

4.2.2. The COR concurs with the procedure to set these national ceilings after the elaboration of the ozone strategy and a refinement of the scientific analysis used, as not to do so could undermine the measures which are currently being implemented in Member States to reduce the contributing pollutants to acidification.

4.2.3. The use of national emission ceilings also enables competent authorities (national, regional or local) to design economic instruments that will go beyond common minimum environmental requirements. The Committee of the Regions underlines the obligations under the Treaty to implement the polluter-pays principle and the prevention principle and the necessity of integrating environmental requirements into fiscal policy. Such instruments would have the value added benefit for meeting the national ceilings and lever further emission reductions through structural change in sectors such as energy use and agriculture.

4.3. Ratification of the 1994 CLRTAP Sulphur Protocol

4.3.1. The Committee of the Regions supports the proposal by the Commission that the Community should ratify the 1994 Sulphur Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution (CLRTAP). This would underline its commitment to reducing emissions.

At the same time, however, consideration must be given to the implications which action to reduce emissions must have for the coal-mining regions of the Member States.

4.3.2. The Committee of the Regions would also urge that all Member States would sign the 1994 Sulphur Protocol and ratify it to enable it to come into force. Ratification of this protocol would demonstrate the political will of Member States on this issue to non-EU countries that currently contribute to acid deposition within the EU.

However, it is unclear how non-EU countries might be further encouraged to ratify the protocol. It needs to be borne in mind that there may be a continuing issue for some central and eastern European states over industrial and domestic use of lignite or 'brown coal`. It therefore follows that it will be essential to have a realistic process and timetable for achieving the desired reduction in SO2 emissions.

4.3.3. The COR supports the consistent approach undertaken by the Commission in developing this acidification strategy in line with the research and methodologies used by the UN ECE/CLRTAP. This will ensure that the strategy supports action taken at an international level and avoids the danger of Community actions having a minimal impact.

In this regard it welcomes the formation of a steering group between the Commission and the UN ECE/CLRTAP to facilitate coordination and would encourage further consultation on this issue.

4.4. A revision of the directive on the sulphur content of certain liquid fuels

4.4.1. The Committee of the Regions considers it appropriate that measures to reduce the emissions of SO2 from the combustion of heavy fuel oils and gas oils should be an integral part of the strategy to combat acidification.

4.4.2. The COR recognizes the dependence of certain Member States on heavy fuel oil and the significant variations in the average sulphur content of fuels used at present in the Member States. It is for this reason that it welcomes the flexible approach which the Commission proposes in outlining a general limit value for heavy fuel oils of 1 % by weight and higher limits of up to 2,5 % by weight where environmental objectives are not compromised.

4.4.3. Similarly, for the use of gas oils the Committee of the Regions endorses the Commission's proposal not to impose a sulphur limit of 0,1 % across the Community, but instead to maintain the current standard of 0,2 % as a minimum standard. The COR would underline that this does not prevent Member States from imposing more stringent measures than those outlined in the strategy. It thus encourages Member States to do so, given that the motivation for these measures is an environmental one.

It is for the purposes of the need for flexibility that the COR welcomes the introduction of these actions in the form of a directive rather than a regulation, imposing a strict community-wide standard.

4.4.4. The COR welcomes the proposal that in revising the International Maritime Organization's Convention on Maritime Pollution (MARPOL) that ships in SOx sensitive areas such as the Baltic Sea and parts of the North Sea/English Channel be required to use bunker fuel with a sulphur content of 1,5 % or less. However, without unilateral provisions this may prove difficult to implement. It is vital that Member States have a clear and coherent approach to the revision of the MARPOL Convention, later in 1997.

5. Conclusion

5.1. The Commission's proposed strategy for the control of acidification is designed to make significant progress towards the achievement of the objective set down in the Fifth Environmental Action Programme, namely that the critical loads for acidification shall not be exceeded. The development of such a strategy is very welcome in that it will provide concrete targets for each Member State to reduce emissions. However, the Committee of the Regions is concerned that the targets set for the reduction of pollutants in comparison to current actions are ambitious and will impose a significant degree of costs for what is essentially a low level return in terms of the improvement in environmental standards. In addition to a uniformly high level of environmental protection, attention should also be given to abolishing competition distortions by establishing various environmental protection conditions.

5.2. Despite this the COR considers that the degree of flexibility built-in to many of the measures is also important in assisting regions which will have difficulty in reaching targets set. However, a revision of the implementation of the strategy should consider the gradual reduction in the level of flexibility inherent in many of the strategy's measures.

Brussels, 19 November 1997.

The Chairman of the Committee of the Regions

Pasqual MARAGALL i MIRA

() OJ C 190, 21.6.1997, p. 9.

() OJ C 190, 21.6.1997, p. 13.