Proposal for a COUNCIL DECISION amending Decision 93/389/EEC for a monitoring mechanism of Community CO2 and other greenhouse gas emissions
Date: 1996-09-04
Institutions: European Commission
Subjects: Protocol (EU), air quality, climate change, environmental monitoring, greenhouse gas

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  04.09.1996 
COM(96) 369  final 

96/0192 (SYN) 

Proposal for a 
COUNCIL DECISION 
amending Decision 93/389/EEC for a monitoring mechanism of Community  C02 
and other greenhouse gas emissions 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

1.  On 24 June  1993 the Council  of Environment  Ministers  adopted Decision  93/389/EEC 
establishing  a monitoring mechanism  for  the Community  anthropogenic  C02  and other 
greenhouse gas emissions not controlled by the Montreal Protocol, as part of the overall 
strategy  to limit  C02  emissions  and improve energy  efficiency. 

2.  The  monitoring  mechanism  serves  the  double  purpose  of,  on  the  one  hand,  the 
monitoring of progress towards the stabilization  of C02  emissions at  1990 levels by the 
year  2000  in the Community  as a whole,  and,  on the other  hand,  the fulfilment  of the 
Community's  joint  commitments  in  the  Framework  Convention  on  Climate  Change 
(FCCC) to which it and  all the Member  States are Parties and which entered  into  force 
on 21 March  1994. 

3.  Current Commission assessments based on scenarios of the present  energy situation and 
the expected  economic growth  for  the rest  of the decade indicate that  Community  C02 
emissions  are likely  to increase by  some  5% over  1990 levels by  2000. Moreover,  the 
results of a recent review of the existing Community  and national  measures undertaken 
under  the  Decision  todate,  demonstrate  the  uncertainty  involved  in  reaching  the 
stabilization  commitment by 2000 which, in any case, represents but  a first step in the 
struggle to reduce global  warming. 

4.  The  processes  under  both  the  Convention  on  Climate  Change  and  the  monitoring 
mechanism recognize the immediate need for  coherent global  strategies, specific  targets 
and  careful  monitoring  to  limit  not  only  the  C02  emissions  but  also  the  "other 
greenhouse  gasM  emissions.  If  no  effort  is  exerted  to  limit  these  other  greenhouse  gas 
emissions, their rise will  continue unchecked  thus negating the positive efforts  made in 
reducing  C02  emissions: 

5.  At  their  meeting  on  15  and  16 December  1994,  the  Council,  drawing  on  analysis  of 
required  policies and measures, stressed the need to review the commitments  contained 
in  Article  4(2)(a)  and  b)  of  the  FCCC  and  affirmed  that  for  the  period  after  the  year 
2000 it  is necessary to work  in a protocol  on further  steps to limit and  reduce C02 and 
other greenhouse gas emissions,  such as CH4, N20, PFCs and HFCs, under the terms of 
the  said  Convention.  The  Council  also  called  on  all  Member  States  to  consider  what 
measures  or  objectives  they  could  envisaged  setting  for  themselves  with  a view to the 
years 2005 and 2010. 

6.  At  their  meeting  on  9  March  1995,  the  Council,  drawing  upon  its  conclusions  of 
15/16 December  1994, and in view of the First  Session of the Conference  of the Parties 
to  the  UN  Framework  Convention  on  Climate  Change,  reiterated  its  view  that 
commitments to reduce greenhouse gas emissions to their. 1990 level  by the year  2000 
are  insufficient  to  achieve  the  ultimate  objective  laid  down  on  Article  2  of  the 
said  Convention. 

Consequently, the Council concluded that negotiations on a Protocol covering reductions 
of all greenhouse gas emissions, their  sources  and  sinks and all  relevant  sectors should 
focus  on  a combined  approach  including both  policies  and measures  as well  as targets 
and timetables  such as 2005 and 2010. 

7.  The first Conference  of the Parties to the  Framework  Convention  on  Climate Change, 
held  in  Berlin  on  28  March  - 7  April  1995,  recognized  the  need  to  strengthen  the 
commitments  of  the  Parties  included  in  Annex  I  to  the  Convention  (that  is  the 
"developed"  countries)  and  decided  to  start  a  process  to  enable  it  to  tuke  appropriate 
action in terms of policies and measures as well  as quantified  limitations and reduction 
objectives  within  specified  time-frames,  such  as 2005, 2010 and 2020. 

8.  Further,  in  its  conclusions  of  22/23  June  1995,  on  the  Community  Climats  Change 
strategy,  the  Council  reaffirms  the  determination  of the European  Community  to meet 
its  commitments  under  the  Convention  and,  on  considering  a  post-2000  perspective, 
invites  the  Commission  to  draw  up  a  proposal  to  amend  the  Council  Decision  of 
24 June  1993 so that  emissions can be assessed  after  the year 2000. 

9. 

In this context and given that the Decision is the principal means for assessing  progress 
in the implementation  of climate change policies and measures at Community level,  the 
Commission is proposing the necessary amendments to the text of the Decision to allow 
for the updating of the process and in particular the post-2000 monitoring of greenhouse 
gas emissions limitations  and reductions. 

10.  In  addition,  the  Commission  is  proposing  that  the  provisions  of  the  monitoring 
mechanism  established  under  the  Decision  are  equally  applied  to  anthropogenic 
emissions by  sources and  removals by  sinks of all  greenhouse  gasses not controlled by 
the Montreal  Protocol. 

To  this  end,  the  Commission  is  proposing  that,  at  a  minimum,  national  programmes 
include  annual  inventories, policies and measures as well as trajectories  find assessment 
of  effects  of  measures  of  the  three  main  greenhouse  gas  emissions,  carbon  dioxide 
(CO^  methane  (CH,)  and  nitrous  oxide  flÊ^Qi;  and*  that  relevant  information  is 
progressively  provided  in  line  with  the  reporting  requirements  under  the  framework 
Convention on Climate Change for the other greenhouse gases (Ozon precursors: carbon 
monoxide (CO), nitrogen oxides (NOx) and volatile organic compounds (VOCs) as well 
as  the  other  greenhouse  gases,  including,  inter  aliay  perfluorocarbons  (PFCs), 
hydrofluorocarbons  (HFCs)  and  sulphur hexafluoride  (SF6)). 

11.  In  more  detail,  the  Commission  is  proposing  the  following  changes  to  the  text  of 

the Decision: 

-  All  references  to  "C02  emissions"  change to  "all  anthropogenic  greenhouse  gas 
emissions  not  controlled foy foe Montreal  Protocol"  except  in  the  first  tiret  of 
Article  2(1) which  refers  to  the  C02  stabilization  target.  Also,  Article  7 on  other 
greenhouse gases is deleted, as foe above point 7.2  is incorporated into Article 2(2) 
of the modified  Decision. 

Article  2(1),  second  tiret,  after  the  reference  to  the  Framework  Convention  on 
Climate Change reads "and any protocol to that Convention". 

In Article 2(2) the text for the reporting of the national  policies and measures as 
well  as of the trajectories for national  greenhouse gas emissions (third and fourth 
incorporate  the  detailed  reporting  requirements  which 
tiret),  changes  to 
Member States have already agreed to under the Convention. This includes, among 
others, reporting on the type of policy insturment used by measure, the interactions 
between  measures,  the  status  of  implementation  of  measures,  estimates  of  the 
effects  of  measures  and  incorporation  of  these  in  greenhouse  gas  emissions 
projections, as well  as "milestones" of progress for policies and measures. 

A  new  provision  is  inserted  in  Article  2(2)(b),  that  is  the  last  intent,  requiring 
Member  States to  supply  their best estimates  for  emissions  projections  for other 
than the C02. CH, and N2Q greenhouse gases at regular intervals in the future and 
as being agreed upon by the monitoring committee provided for in Article 8 of the 
Decision,  including  quantitative  information  on  the  key  assumptions  and  the 
methodology  used for the provision of the estimates. 

Taking into consideration that the Monitoring  Committee under the Decision has 
recognized  that  the  31  July  deadline  for  reporting  inventories  in  Article  3(2) 
is impossible  to  meet  for  all  Member  States,  the  text  has  been  modified  to 
read ...  "as soon as possible and not later than 30  September ..." 

Article  5 on the first evaluation  of  national  programmes  has been  deleted  along 
with the reference to it in Article 6. 

Proposal  for a 
COUNCIL DECISION 
amending Decision  93/389/EEC for a monitoring mechanism  of Community  C02 
and other greenhouse gas emissions 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  130s(l)  thereof, 

Having regard to the proposal  of the Commission(1), 

Acting  in  accordance  with  the  procedure  referred  to  in  Article  189c  of  the  Treaty  in 
cooperation with the European Parliament^, 

Having regard to the opinion of the Economic and Social Committee(3), 

the  Community  are 

the 
Whereas  all  Member  States  and 
United Nations Framework  Convention  on  Climate  Change  which  has  been  approved  by 
Council Decision 94/69/EC(4) and which, from its entry into force on 21 March 1994, commits 
all Parties to develop, periodically update, publish and report to the Conference of the Parties 
national  inventories  of  anthropogenic  emissions  by  sources  and  removals  by  sinks  of  all 
greenhouse gases not controlled by the Montreal Protocol, using comparable methodologies 
agreed upon by the Conference  of the Parties; 

signatories 

to 

Whereas  that  same  Convention  commits  all  Parties  to  formulate,  implement,  publish  and 
regularly update national,  and where appropriate, regional  programmes containing measures 
to mitigate climate change by addressing anthropogenic emissions by  sources and removals 
by  sinks of all greenhouse gases not controlled by the Montreal Protocol; 

Whereas,  at  its  meeting  on  9  March  1995,  the  Council,  drawing  upon  its  conclusions  of 
15/16 December  1994  and  in  view  of  the  First  Conference  of  the  Parties  to  the 
UN  Framework Convention on Climate Change (Berlin, 28 March - 7 April  1995), reiterated 
its view that commitments to reduce emissions of greenhouse gases to their 1990 level by the 
year  2000  are  insufficient  to  achieve  the  ultimate  objective  laid  down  in  Article  2  of  the 
said Convention; and that negotiations on a Protocol  covering reductions of  all  greenhouse 
gas emissions, their sources and enhancement  of  sinks and all relevant sectors should  focus 
on  a  combined  approach  including  both  policies  and  measures  as  well  as  targets  and 
timetables  such as 2005  and 2010; 

(1) 
(2) 
<*> 
(4) 

OJ No 
OJ No 
OJ No 
OJNoL33,  7.2.1994,  p. 11. 

Whereas,  the  First  Conference  of  the  Parties  to  the  Framework  Convention  on 
Climate Change recognized the need to strengthen the commitments of the Parties set out in 
Annex  I  to  the  Convention,  and  decided  to  start  a  process  that  will  enable  it  to  take 
appropriate  action  in  terms  of  policies  and measures  as  well  as  quantified  limitations and 
reductions  of  greenhouse  gas  emissions  within  specified time-frames, such  as  2005,  2010 
and 2020; 

Whereas,  the  same  Conference  of  the  Parties  decided  that  Annex  I  Parties  to  the  said 
Convention  submit  to  the  secretariat  national  inventory  data  on  emissions  by  sources and 
removals  by  sinks  on  an  annual  basis  and  that  the  Guidelines  for  National  Greenhouse 
Gas  Inventories  and  Technical  Guidelines  for  Assessing  Climate  Change  Impacts  and 
Adaptations  adopted by the Intergovernmental  Panel  on Climate  Change should be used in 
preparing their reports pursuant to the Convention; 

of 

the  provisions 

Whereas 
established  under 
Council  Decision  93/389/EEC(5) need equally apply to anthropogenic emissions by sources and 
removals by sinks of all greenhouse gasses not controlled by the Montreal Protocol  and that 
such  monitoring  will  allow  for  the  updating  of  the  process  in  particular  the  post-2000 
monitoring of greenhouse gas emissions limitations and reductions; 

the  monitoring  mechanism 

Whereas it has recognized that the 31 July deadline for reporting inventories provided for by 
Decision  93/389/EEC is impossible to meet for all Member States; 

Whereas, at its meeting of 22/23  June  1995 the Council  reaffirmed  the determination of the 
Community to meet its commitments under the Convention and confirmed its conclusions of 
29 October  1990 and 9 May  1995; 

Whereas  Decision  93/389/EEC  should  be  amended  accordingly  so  that  greenhouse  gas 
emissions can be monitored after the year 2000, 

HAS ADOPTED THIS DECISION: 

Article I 

Decision  93/389/EEC is amended as follows: 

1.  Article  1 is replaced by the following: 

"Article 1 

A  monitoring  mechanism  is  hereby  established  for  all  anthropogenic  greenhouse  gas 
emissions not controlled by the Montreal Protocol  in the Member States." 

(5) 

OJNoL  167, 9.7.1993,  p. 31. 

Article 2 is amended as follows: 

(a)  paragraph  1 is amended as follows: 

(i)  the introductory text is replaced by the following: 

"1.  Member States shall devise, publish and implement national programmes 
for  limiting  their  anthropogenic  emissions  by  sources  and  enhancing 
removals  by  sinks  of  all  greenhouse  gases  not  controlled  by  the 
Montreal Protocol  in order to contribute to:" 

(ii)  the second indent is replaced by the following: 

"- 

the  fulfilment  of  the  commitment  relating  to  the  limitation  of  all 
greenhouse gas emissions not controlled by the Montreal Protocol  in the 
UN Framework Convention  on Climate Change by the Community and 
its Member States, within their respective competence,  and any Protocol 
to that Convention." 

(b)  paragraph 2 is replaced by the following: 

"2.  Each Member  State  shall,  at the latest  from the first updating,  include in its 

national programme: 

(a)  at a minimum of the three main greenhouse gases, carbon dioxide (C02), 

methane (CH4) and nitrous oxide (N20): 

its 1990 base year anthropogenic emissions determined 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 significantly  to its efforts to 
reduce emissions and enhance sinks of greenhouse gases, organized 
by gas and by sector and including the objective of the measure, the 
instrument  used  by  measure,  the  status  of 
type  of  policy 
implementation  of  the  policy  or  measure  as  well  as  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  effects  of  policies  and  measures  on  emissions  and 
removals  and  incorporation  of  these  in  greenhouse  gas  emissions' 
projections  between  the  base  year  and  2000;  and  after  this  date, 
between the base year  and regular intervals as being  agreed  upon in 
accordance  with  the  procedure  set  out  in  Article  8,  including 
information  for  a quantitative understanding  of the key  assumptions 
used  to  develop  the  said  projections  and  the  methodology  used  for 
the provision  of the estimates, 

an  assessment  of the economic impact  of the above measures; 

(b) 

information  on the ozone precursors, i.e. carbon monoxide (CO), nitrogen 
oxides  (NOx)  and  volatile  organic  compounds  (VOCs),  as  well  as  on 
other  greenhouse  gas  emissions,  including,  inter alia,  perfluorocarbons 
(PFCs), hydrofluorocarbons (HFCs) and sulphur hexafluoride (SF6) in line 
with the reporting requirements under the UN Framework Convention on 
Climate  Change,  including 

data on  emissions, 

a  description  of policies and  measures being taken  or envisaged  for 
the limitation  of the emissions  of these gases, 

best  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,  including  information  for  a  quantitative 
understanding of the key assumptions and the methodology  used  for 
the provision  of the estimates." 

3.  Article  3 is amended as  follows: 

(a)  the first subparagraph  of paragraph  1 is replaced  by the  following: 

" 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  with  the  best 
available methodology  to be decided in accordance with the procedure set out 
in  Article  8.  Such  a methodology  shall be either that being developed  by the 
Intergovernemental  Panel  on  Climate Change or compatible with  it." 

(b)  paragraph  2 is amended  as  follows: 

(i)  The date of 31 July  is replaced  by the date of 30  September. 

(ii)  The following  sentence  is added: 

Member  States  shall  also  report  national  inventory  data  on  emissions  by 
sources  and  removals  by  sinks  of  the  other  greenhouse  gases  referred  to  in 
Article  2(2) on  an annual  basis. 

4.  Article 5 is deleted. 

5.  Article 6 is replaced by the following: 

"Article 6 

The  Commission  shall  assess  annually  in  consultation  with  Member  States  whether 
progress in the Community as a whole is sufficient  to ensure that the Community is on 
course  to  fulfil  the  commitments  referred  to  in  Article  2(1)  and  report  to  the 
European Parliament  and  the  Council,  on  the  basis  of  information  received  under 
Articles 2 and 3, including where appropriate the updated national programmes." 

6.  Article 7 is deleted. 

This Decision is addressed to the Member States. 

Done at Brussels, 

For the Council 
The President 

ISSN0254-1475 

COM(96) 369  final 

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