Proposal for a Directive of the European Parliament and of the Council on national emission ceilings for certain atmospheric pollutants
Date: 1999-06-09
Institutions: European Commission
Subjects: EC Directive, atmospheric pollutant, environmental protection, ozone, public health

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Proposal for a Directive of the European Parliament and of the Council on national emission
ceilings for certain atmospheric pollutants

(2000/C 56 E/10)

(Text with EEA relevance)

COM(1999) 125 final (cid:151) 1999/0067(COD)

(Submitted by the Commission on 14 July 1999)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

relation to exposure to acidifying, eutrophying and photo-
chemical air pollutants, are not exceeded.

Having regard to the Treaty establishing the European
Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

the

the Governments of

(1) On the basis of principles enshrined in Article 174 of the
Fifth Environmental Action Programme
Treaty,
the Council and the
approved by the Resolution of
Representatives of
the Member
States meeting within the Council of 1 February 1993
on a Community programme of policy and action in
relation to the
and sustainable devel-
opment (1) sets the objective of no exceedance of critical
loads and levels for acidification in the Community. That
programme requires that all people should be effectively
protected against health risks from air pollution and that
permitted levels of pollution should take account of the
protection of the environment. The programme requires
that guideline values from the World Health Organisation
(WHO) should become mandatory at Community level.

environment

(3) Council Directive 92/72/EEC of 21 September 1992 on air
pollution by ozone (3) requires the Commission to submit
to the Council a report on the evaluation of photo-
chemical pollution in the Community, accompanied by
any proposals the Commission deems appropriate on
the control of air pollution by ozone and, if necessary,
for reducing emissions of ozone precursors.

(4) Acidification, soil eutrophication and ozone formation are
caused in particular by transboundary pollution,
the
abatement of which requires coordinated Community
action.

(5) Significant areas of

the Community are exposed to
depositions of acidifying and eutrophying substances at
levels which have adverse effects on the environment.
The WHO guideline values for the protection of human
health and vegetation from photochemical pollution are
substantially exceeded in all Member States. Those
exceedances of critical
loads and guideline levels hould
therefore be eliminated.

(6) It is currently not technically feasible to eliminate the
adverse effects of acidification or to reduce exposure to
ozone of man and the environment
to the guideline
values established by the WHO. It is therefore necessary
to base measures to reduce pollution on interim environ-
mental objectives for acidification and ozone pollution.

them should take account of

(7) Interim environmental objectives and the measures to
meet
feasibility
and the associated costs and benefits. Such measures
should ensure that any action taken is cost-effective for
the Community as a whole.

technical

(2) Decision No 2179/98/EC of the European Parliament and
of the Council of 24 September 1998 on the review of the
European Community programme of policy and action in
relation to the environment and sustainable development
(cid:145)Towards sustainability(cid:146) (2) confirmed the commitment to
the general approach and strategy of the Fifth Environ-
mental Action Programme and specified that particular
attention should be given to developing and implementing
a strategy with the goal of ensuring that critical loads, in

(8) It is most cost-effective to address jointly the pollutants
causing acidification and exposure to ozone. Addressing
those pollutants will also reduce soil eutrophication.

(9) A set of national ceilings for each Member State for
emissions of SO2, NOx, VOC and NH3 is a cost-effective
way of meeting the interim environmental objectives.
Such emission ceilings will allow the Community and
the Member States flexibility in determining how to
comply with them.

(1) OJ C 138, 17.5.1993, p. 1.
(2) OJ L 275, 10.10.1998, p. 1.

(3) OJ L 297, 13.10.1992, p. 1.

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(10) The Commission should continue to examine further
appropriate Community measures which may be cost-ef-
fective means of attaining the environmental objectives.

(11) Member States should be responsible for implementing
measures to comply with national emission ceilings.
It
will be necessary to evaluate progress towards compliance
with the emission ceilings. National programmes for the
reduction of emissions must therefore be drawn up and
must be reported on to the Commission in a compre-
hensive
and transparent manner. Such programmes
should include information on the measure adopted or
envisaged to comply with the emission ceilings.

(12) The provisions of

to the Community

this Directive should apply without
prejudice
legislation regulating
emissions of those pollutants from specific sources and
to the Member States’ obligation to ensure the use of
best available techniques in accordance with Council
Directive 96/61/EC of 24 September 1996 concerning
integrated pollution prevention and control (1).

(13) Emission inventories are necessary to monitor progress
towards compliance with the emission ceilings and must
be calculated in accordance with internationally agreed
methodology
the
Commission and the European Environment Agency
(EEA).

regularly

reported

and

on

to

(14) A timely review is

the progress

in the
required of
Community towards the emission ceilings for 2010, as
well as of scientific and technical progress, developments
in Community legislation and emission reductions outside
the Community. In that review, the Commission should
undertake a further examination of the costs and benefits
of the emission ceilings, including their cost-effectiveness,
marginal costs and benefits and socio-economic impact.
The review should also consider the limitations on the
scope of this Directive. The Commission should for this
purpose prepare a report to the European Parliament and
the Council
appropriate
and if necessary propose
amendments to this Directive. An interim objective for
soil eutrophication should be established in the review
of the Directive in 2004.

(17) The

for

format

reporting

and methods

national
programmes and emission inventories will require more
detailed technical
specifications. Those methods and
formats should be updated as necessary. The Committee
set up by Council Directive 96/62/EC of 27 September
1996 on ambient air quality assessment and manage-
ment (2) should assist the Commission in setting out the
specifications for such formats and methods.

(18) In accordance with the principles of subsidiarity and
proportionality as set out in Article 5 of the Treaty, the
objective of the proposed measure, limitation of emissions
of acidifying and eutrophying pollutants and ozone
achieved by the
precursors,
Member States because of the transboundary nature of
the pollution and can therefore be better achieved by
the Community;
to the
minimum required in order to achieve that objective
that
and does not go beyond what
purpose.

this Directive confines

is necessary for

cannot be

sufficiently

itself

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objective

The aim of this Directive is to limit emissions of acidifying and
eutrophying pollutants and ozone precursors
to
improve the protection of
the environment and human
health against risks of adverse effects from acidification, soil
eutrophication and tropospheric ozone towards the long-term
objective of no exceedance of critical levels and loads and the
effective protection of all people against recognised health risks
from air pollution.

in order

Article 2

Scope

This Directive covers emissions in the territory of the Member
States and their Exclusive Economic Zones from all anthro-
pogenic sources of the pollutants referred to in Article 4.

It does not cover:

(15) The Community should cooperate internationally with a
view to achieving the objectives of this Directive and to
promote the necessary technical and scientific research
and development. For
the Commission
should pursue the necessary bilateral and multilateral
cooperation.

this purpose,

(a) emissions from the international maritime traffic;

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

(c) for Spain, emissions in the Canary Islands.

(16) Member States

should lay down rules on penalties
this
applicable to infringements of
Directive and ensure that they are implemented. Those
penalties must be effective, proportionate and dissuasive.

the provisions of

(d) for France, emissions in the overseas department (DOMs);

(e) for Portugal, emissions in Madeira and the Azores.

(1) OJ L 257, 10.10.1996, p. 26.

(2) OJ L 296, 21.11.1996, p. 55.

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Article 3

Definitions

For the purposes of this Directive:

1.

(cid:145)critical load(cid:146) means a quantitative estimate of an exposure
to one or more pollutants below which significant adverse
effects on specified sensitive elements of the environment do
not occur, according to present knowledge;

2. (cid:145)critical level(cid:146) means the concentration of pollutants in the
atmosphere above which direct adverse effects on receptors,
such as human beings, plants, ecosystems or materials, may
occur, according to present knowledge;

3. (cid:145)emission(cid:146) means the discharge of substances into the atmos-

phere;

4. (cid:145)exceedance(cid:146) means the difference between a critical load or
level and the observed or estimated deposition or concen-
tration;

5. (cid:145)landing and take-off cycle(cid:146) means a cycle represented by the
following time in each operating mode: approach 4,0
minutes;
take-off 0,7
minutes; climb 2,2 minutes;

taxi/ground idle 26,0 minutes,

6. (cid:145)national emission ceiling(cid:146) means the maximum amount of a
substance expressed in kilotonnes which may be emitted
from a Member State in a calendar year;

7.

(cid:145)volatile organic compounds(cid:146)
(VOC) means all organic
compounds of anthropogenic nature, other than methane,
that are capable of producing photochemical oxidants by
reactions with nitrogen oxides in the presence of sunlight.

Article 4

National emission ceilings

By the year 2010 at the latest, Member States shall limit
sulphur
the pollutants
volatile
organic
to amounts not

1.
their annual national emissions of
(NOx),
dioxide
(VOC) and ammonia (NH3)
compounds
greater than the emission ceilings laid down in Annex I.

(SO2), nitrogen oxides

2. Member States shall ensure that the emission ceilings laid
down in Annex I are not exceeded in any year after 2010.

Article 5

Interim environmental objectives

The interim environmental objectives of
those set out in Annex II.

this Directive are

with the aim of complying at least with the national emission
ceilings laid down in Annex I by 2010 at the latest.

The national programmes shall

2.
include information on
adopted and envisaged policies and measures and quantified
the effect of
estimates of
these policies and measures on
emissions of
the pollutants in 2010. Anticipated significant
changes in the geographical distribution of national emissions
shall be indicated.

3. Member States
programmes as necessary by 1 October 2006.

shall update and revise the national

4. Member States shall make available to the public and to
appropriate organisations such as environmental organisations
the programmes drawn up in accordance with paragraphs 1, 2
and 3. Information made available to the public and to organi-
sations under this paragraph shall be clear, comprehensible and
accessible.

Article 7

Emission inventories and projections

1. Member States shall prepare and regularly update national
emission inventories and emission projections for 2010 for the
pollutants referred to in Article 4.

2. Member States shall establish their emission inventories
and projections using the methodologies specified in Annex III.

3.
The Commission, assisted by the European Environment
Agency, shall, in cooperation with the Member States and on
the basis of the information provided by them, establish inven-
tories and projections of the pollutants referred to in Article 4.
shall be made publicly
The inventories and projections
available.

The requirements set out in Annex III may be changed in

4.
accordance with the procedure set out in Article 11.

Article 8

Reports by the Member States

1. Member States shall each year, by 31 December at the
latest, report
their national emission inventories and their
emission projections for 2010 established in accordance with
to the Commission and the European
Article 7(1) and (2)
Environment Agency.

They shall report
the
previous year but one and their provisional emission inven-
tories for the previous year.

final emission inventories for

their

Article 6

National programmes

Emission projections shall
include information for a quanti-
tative understanding of the key socio-economic assumptions
used in their preparation.

1. Member States shall, by 1 October 2002 at the latest,
draw up programmes for the progressive reduction of annual
national emissions of the pollutants referred to in Article 4

2. Member States shall, by 31 December 2002 at the latest,
inform the Commission of
the programmes drawn up in
accordance with Article 6(1) and (2).

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the latest,
Member States shall, by 31 December 2006 at
inform the Commission of the updated programmes drawn
up in accordance with Article 6(3).

mental objectives in Annex II. Its report shall take account of
the reports made by Member States pursuant to Article 8(1)
and (2) as well as the matters listed in points (a) to (e) of
paragraph 1 of this Article.

The Commission shall forward the national programmes
3.
received to the other Member States within one month of their
reception.

The Commission shall establish provisions to ensure
4.
consistent and transparent reporting of national programmes
in accordance with the procedure set out in Article 11.

Article 9

Reports by the Commission to the European Parliament
and the Council

1.
In 2004 and 2008 the Commission shall report to the
European Parliament and the Council on progress in the
implementation of the national emission ceilings laid down
in Annex I and in relation to the interim environmental
objectives set out in Annex II. The reports shall
include an
economic assessment, including cost-effectiveness, benefits, an
assessment of marginal costs and benefits and the socio-
economic impact of
the national
emission ceilings on particular Member States and sectors.
They shall also include a review of
the
scope of this Directive as defined in Article 2 and take into
account in reports made by Member States pursuant to Article
8(1) and (2), as well as:

the implementation of

the limitations of

(a) emission reductions and reduction commitments by third

countries;

(b) the enlargement process;

(c) new Community legislation and any international regu-

lations concerning ship emissions;

(d) new technical and scientific data;

(e) assessment of current and projected exceedance of critical
loads and the WHO’s guideline values for tropospheric
ozone;

(f)

the identification of an interim objective for reducing soil
eutrophication;

3.
The reports referred to in paragraphs 1 and 2 shall take
into account the factors listed in paragraph 1 and if appro-
priate, be accompanied by proposals for modifications of the
ceilings in Annex I, for measures to ensure compliance with
the ceilings, and for possible further emission reductions.

Article 10

Cooperation with third countries

To promote the achievement of the objective set out in Article
1, the Commission shall pursue bilateral and multilateral coop-
eration with third countries and relevant international organi-
sations such as the UN/ECE and IMO concerning technical and
scientific research and development and the facilitation of
emission reductions.

Article 11

Committee

The Commission shall be assisted by the committee set up by
Article 12 of Directive 96/62/EC.

to be

a draft of

the measures

the Commission shall submit

to the
The representative of
committee
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 shall be delivered by
the majority laid down in Article 205(2) of the Treaty in the
case of decisions which the Council is required to adopt on a
proposal from the Commission. The votes of the represen-
tatives of the Member States within the committee shall be
weighted in the manner set out in that Article. The chairman
shall not vote.

The Commission shall adopt the measures envisaged if they are
in accordance with the opinion of the committee.

the measures envisaged are not

If
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 qualified majority.

(g) new livestock projections reflecting developments in the

Common Agricultural Policy;

If on the expiry of three months from the date of referral to it
the Council has not acted, the proposed measures shall be
adopted by the Commission.

(h) new energy forecasts reflecting the actions taken by the
Member States to comply with their international obli-
gations in relation to climate change.

Article 12

Penalties

2.
In 2012 the Commission shall report to the European
Parliament and the Council on compliance with the ceilings
in Annex I and on progress in relation to the interim environ-

Member States shall lay down the rules on penalities applicalbe
to infringements of the national provisons adopted pursuant to
this Directive and shall take all measures necessary to ensure

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that they are implemented. The penalties provided for must be
effective, proportionate and dissuasive.

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 13

Transposition

Article 14

Entry into force

1. Member States shall progressively bring into force the
laws, regulations and and administrative provisions necessary
to comply with Article 4 not later than 31 December 2009
They shall forthwith inform the Commission thereof.

This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

When Member States adopt 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.

Article 15

Adressees

This Directive is addressed to the Member States.

National emission ceilings for SO2, NOx, VOC and NH3 (thousand tonnes), to be atteined by 2010

ANNEX I

Country

SO2
Kilotonnes

NOx
Kilotonnes

VOC
Kilotonnes

NH3
Kilotonnes

Austria

Belgium

Denmark

Finland

France

Germany

Greece

Ireland

Italy

Luxembourg

Netherlands

Portugal

Spain

Sweden

United Kingdom

EC 15

40

76

77

116

218

463

546

28

566

3

50

141

746

67

497

3 634

91

127

127

152

679

1 051

264

59

869

8

238

144

781

152

1 181

5 923

129

102

85

110

932

924

173

55

962

6

156

102

662

219

964

67

57

71

31

718

413

74

123

430

7

104

67

353

48

264

5 581

2 827

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ANNEX II

Interim environmental objectives (1)

The national emission ceilings aim at broad achievement of the following interim environmental objectives by 2010:

Acidification

(cid:151) A reduction of ares with exceedance of critical

loads for acidity by at least 50 per cent (in each grid cell (2))

compared with the 1990 situation.

Health-related ozone exposure

(cid:151) The ozone load above the health-related criterion (AOT60 (3) = 0) is to reduced by two-thirds in all grid cells
compared with the 1990 situation. In addition, the ozone load is not to exceed an absolute limit of 2.9 ppm.h
in any grid cell.

Vegetation-related ozone exposure

(cid:151) The ozone load above the critical

level for crops and semi-natural vegetation (AOT40 (4) = 3 ppm.h) is to be
reduced by one-third in all grid cells compared with the 1990 situation. In addition, the ozone load is not to
exceed an absolute limit of 10 ppm.h, expressed as an excess of the critical level of 3 ppm.h in any grid cell.

(1) Improvements with regard to soil eutrophication: As a result of the national emission ceilings, the Community area with depositions
of nutrient nitrogen in excess of the critical loads will be reduced by about 30 per cent compared with the situation in 1990.
(2) A grid cell is 150 km (cid:215) 150 km, which is the resolution used when mapping critical loads on a European scale, and also when
monitoring emissions and depositions of air pollutants by the Co-operative Programme for Monitoring and Evaluation of the
Long-range Transmission of Air Pollutants in Europe (EMEP).

(3) Measure of excess ozone accumulated over a threshold of 60 ppb.
(4) Measure of excess ozone accumulated over a threshold of 40 ppb.

ANNEX III

Methodologies for emission inventories and projections

Member States shall establish emission inventories and projections using the methodologies agreed upon by the
Convention on Long-range Transboundary Air Pollution and are requested to use the joint EMEP/CORINAIR (1)
guidebook in preparing these inventories and projections.

(1) Air emissions inventory of the European Environment Agency