COMMISSION STAFF WORKING DOCUMENT Implementation Plan Accompanying the document Proposal for a Directive of the European Parliament and of the Council on the reduction of national emissions of certain atmospheric pollutants and amending Directive 2003/35/EC
Date: 2013-12-18
Institutions: European Commission
Subjects: EU Member State, access to information, atmospheric pollutant, disclosure of information, environmental impact, reduction of gas emissions













EUR-Lex - 52013SC0537 - EN











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52013SC0537

COMMISSION STAFF WORKING DOCUMENT Implementation Plan Accompanying the document Proposal for a Directive of the European Parliament and of the Council on the reduction of national emissions of certain atmospheric pollutants and amending Directive 2003/35/EC /* SWD/2013/0537 final */









Implementation
Plan[1]
1.
Title of the document for the proposed act 
Implementation Plan
accompanying the proposal for a Directive of the European Parliament and of the
Council on the reduction of national emissions of certain atmospheric
pollutants and amending Directive 2003/35/EC.
2.
Contact point:  
David Grimeaud (DG. ENV.C3) 
Telephone: +32
229-64044
Email: david.grimeaud@ec.europa.eu 
3. Deliverables
and implementation challenges
3.1.
Transposition of the proposed Directive 
To ensure the
effective implementation of the proposed Directive across the Union, Member
States must transpose the proposed act into national law in a complete, correct
and timely manner. 
Given that
the proposed Directive will repeal Directive 2001/81/EC on National
Emission Ceilings for certain atmospheric pollutants ("NEC
Directive"),[2]
Member States may choose to amend and complement the existing provisions enacted
in national law transposing the NEC  Directive or  to enact new national legislation
. 
 
In any case, and
without prejudice to the legislative approach chosen by the Member State in the light of the characteristics of their national legal system, the
Member States' challenge is to ensure that the transposition occurs in time
(eighteen months after its entry into force) and to guarantee its full
application in a sufficiently clear and precise manner.
3.2.
Implementation of the proposed Directive  
A number of provisions in the proposed
Directive may raise potential implementation challenges for the Member States.
Those provisions are and challenges are listed below. 
3.2.1.   
To achieve national emission reduction commitments     
The proposed Directive lays
down national emission reduction commitments ("NERCs") for 2020, 2025
and 2030 for each Member State expressed as a percentage reduction of annual
emissions of sulphur
dioxide (SO2), nitrogen oxides (NOx), ammonia (NH3),
volatile organic compounds other than methane (NMVOC), fine particulate matter
(PM2,5) and methane (CH4) as compared to the total of
emissions of each of those pollutants discharged by each Member State in 2005. 
The 2020 NERCs are based
upon the emission reduction commitments as agreed under the 1999 Protocol to
the 1979 Convention on Long Range Transboundary Air Pollution to abate
acidification, eutrophication and ground-level ozone, as amended in 2012 and
will be largely attained through compliance with current relevant Union and
national legislation. 
The potential implementation
and compliance challenges may thus concern the NERCs set for 2025 and for 2030.
a)         National emission
reduction commitments set for 2025
In comparison to the NERCs
applicable for the period 2020-2024, Member States must reduce their emissions
substantially further from 2025 according to the percentages specified in the
proposed Directive.[3] In this context, Member
States will have to undertake the following: 
-   to
adequately and sufficiently early identify and plan the policies and measures needed
to achieve the NERCs, while respecting the conditions set out in the proposed
Directive on  the content of national air pollution
control programme ("NAPCP") including those  specified below;
 
-   to identify the key sectors and sources contributing to
the national emissions for the respective pollutants (e.g. energy production, domestic
heating, industry, agriculture, transport) and to decide on the distribution of
the required emission reductions across them to comply with the 2025 NERCs in a
cost-effective manner; 
-   without
prejudice to the implementation of existing Union legislation on specific
emission sources (e.g. Directive 2010/75/EC on Industrial Emissions)[4]: to
define the types of regulatory instruments and incentives needed to implement those
measures and to achieve the 2025 NERCs in time, while taking into account the acquis
communautaire and the specific conditions that may prevail in the Member
States (e.g. energy and transport infrastructure and inter-linkages with
national and EU policies).        
b)         National emission
reduction commitments set for 2030
Whilst the NERCs set for
2030 entail a further reduction over those for 2025 onwards, the proposed
Directive specifies that the 2030 NERCs shall only have to be achieved if
measures not entailing disproportionate costs are available. Accordingly,
and in addition to the implementation challenges referred above, Member States
shall also identify potential additional effective measures that would lead to
meeting the 2030 NERCs. Where Member States would consider that certain measures
needed to achieve the shortfall would de facto entail disproportionate
costs, they must document these finding using adequate criteria on the basis of
which the proportionality of the costs compared to the benefits will be
evaluated. 
3.2.2.   
To draw-up and adopt national air pollution control programmes
Whereas the NEC Directive called
for Member States to draw-up a national programme in 2002 and to update it, if
necessary, in 2006, to ensure the achievement of the national emission ceilings
("NECs") by 2010[5], it remains silent regarding its
minimum content and the parameters that should be considered when being
developed. As a result, national programmes of heterogeneous quality and
precision have been developed leading in several cases to insufficient planning
and implementation of measures and hence non-compliance with one or more NECs.        
Consequently, the proposed
Directive fine tunes the provisions and requires each Member State to draw-up,
adopt and to regularly update a national air pollution control programme
("NAPCP") taking into account the wider air quality challenges of the
Member State with a view to ensuring that the 2020, 2025 and potentially also
the 2030 NERCs are met in time and without significantly impacting air quality
in neighbouring Member States.  
a)         The content of the NAPCPs
Member States shall make
sure that their NAPCPs contain, as a minimum, the information listed in Annex
III of the proposed Directive. Furthermore, they must  (i) give
priority, when defining what measures to undertake to curb PM2,5 emissions,
to those that lead to a reduction in emissions of black carbon (a powerful
climate forcer and contributor to particulate matter pollution) and that (ii)
include, when necessary, the measures set out in the proposed Directive aimed
at reducing NH3 and PM2,5 emissions from the agriculture
sector or equivalent measures. 
Member States will therefore have to define,
assess and describe in their NAPCPs the following: 
-   the national air quality and pollution policy framework in which context
the  programmes are developed (e.g. identification of policy priorities and
evaluation of the progress made by current policies and measures on air quality
and pollution); 
-   the emission reduction policies and measures envisaged and selected
for adoption and implementation to meet the NERCs set for 2020 and 2025,
including information on the extent to which the policies and measures selected
(i) give priority to the reduction of emissions of black carbon and (ii) are
based upon the measures regarding emissions from agriculture as listed in the
proposed Directive.
Regarding the NERCs established for 2030, in case where compliance
is not assured due to a lack of proportionate measures, the NAPCPs shall
provide information on the extent of the shortfall. 
In addition Member State must update their NAPCPs under the following conditions:
-     to update every two years the background information contained in
NAPCPs (e.g. information on the above-mentioned national air quality and
pollution policy framework and an assessment of the implementation progress
achieved); 
-     to update the list of emission reduction policies and
measures selected for implementation each time emission inventories or
projections show that compliance with one or more NERCs is not guaranteed. 
b)         The conditions affecting
the content of NAPCPs
The minimum content of the NAPCPs,
including the background information and the policies and measures selected for
implementation shall not only be determined on the basis of the evaluation of
the extent of the emission reductions to be achieved, but also on the
obligation to prevent or reduce the transboundary impacts of air pollution, to
contribute to the meeting of Union air quality objectives and to ensure
coherence with any other relevant national plans or programmes. Member States
shall therefore have to make sure of the following: 
-   to
take due account of the transboundary nature of air pollution as emissions
discharged in one Member State may significantly affect air quality in another
Member State;
-   to coordinate action between the different administrative
levels in the Member States and fully consider the need to reduce air pollutant
concentrations in zones and agglomerations where air quality objectives
established e.g. in the 2008/50/EC Ambient Air Quality Directive
("AAQD")[6] are not met;
-   to
guarantee a high degree of complementarity between NAPCPs and other plans and
programmes that may concern directly or indirectly SO2,
NOx, NMVOC, NH3, PM2,5 and CH4 emissions (e.g. the transitional
national plans developed under Directive 2010/75/EC on Industrial Emissions).  
c)         The timing applicable to
the NAPCPs
Member States shall have to make sure
that their NAPCPs are drawn-up and adopted on the day where the proposed
Directive shall have to be transposed at the latest (18 months after its entry
into force.   
Member States shall therefore need to
start collecting and processing relevant information as soon as possible after
the entry into force as high quality NAPCPs are essential to ensure a
successful implementation of the proposed Directive.       
3.2.3.   
To establish emission inventories and to report them  
The current NEC Directive requires
Member States to make use of the methodologies agreed upon by the Convention on
Long-range Transboundary Air Pollution ("LRTAP") and of the guidebook
developed by EMEP to prepare and establish their emission inventories. 
As to the timing for
reporting emissions inventories, the existing NEC Directive provides that
Member States submit by 31 December each year to the Commission their final
emission inventories for the previous year but one (X-2) and their provisional
emission inventories for the previous year (X-1). 
In addition, the current
LRTAP monitoring and reporting guidelines provide also (i) for national gridded
data of emissions by source category and for Large Point Sources by source
category to be reported by Parties to the Secretariat General of the UNECE that
hosts the Convention every 5 years and (ii) for the voluntary reporting by
these Parties of an annual Informative Inventory Report alongside national
emission inventories.        
The emission monitoring and
reporting requirements are extended under the  proposed Directive with a view to
aligning Union legislation with the LRTAP monitoring and reporting requirements
and guidelines, that currently are being revised. In particular, as compared to
the relevant provisions of the existing NEC Directive and to the current LRTAP
guidelines, Member States will have to address the following implementation
challenges:       
-   to
provide the Commission with their final emission inventories for the previous year but one (X-2), by 15 February each year.
Member States will therefore have to ensure to make the necessary adjustments
regarding the collection and processing of all relevant data sufficiently in
advance so as to timely report them; 
-   to
provide the Commission with their preliminary emission inventories for the previous year (X-1), by 30 September each year. Member
States will therefore have to ensure to make the necessary adjustments
regarding the collection and processing of all relevant data sufficiently in
advance so as report them as early as September 30 i.e. 3 ½ months
earlier than under current rules;
- to provide the Commission on 15 March each year with
a mandatory Informative Inventory Report providing details on national
emission inventories and projections. Hence, whereas this requirement was only
optional under current Union and international rules, the proposed Directive
makes it compulsory in view of the revision and updating of the LRTAP reporting
guidelines.
4.
 Support Actions:
4.1
Possible Commission Actions:
4.1.1    To
promote complete, correct and timely transposition of the proposed Directive  
Upon the entry into force of
the proposed Directive: 
·                   
To provide Member States with a transposition checklist to ensure
a common understanding (i) of the meaning of the provisions of the proposed
Directive and of their interaction and (ii) of the links between those
provisions and relevant provisions contained in other Union legal instruments
(e.g. provisions of the AAQD).
·                   
To organise a transposition workshop with Member States to address
key transposition issues, including on the timing of the obligations contained
in the proposed Directive. The Commission may also decide to make use of the
Ambient Air Quality Committee established under the AAQD to discuss
transposition issues with Member States and provide responses to questions they
may raise.   
·                   
To appoint a "transposition" contact point at DG ENV to
liaise informally with competent national authorities in charge of the
transposition of the proposed Directive to address specific transposition
questions and issues those authorities may raise. 
Between the entry into force
and the transposition deadline of the proposed Directive: 
·                   
To address administrative reminder letters to Member States, which
will be identified as being at risk of running late in transposing the proposed
Directive (identification based upon Member States' notifications to the
Commission of their transposing measures).
·                   
To establish on the Europa website a transposition scoreboard
indicating whether Member States have transposed the proposed Directive or not.
This scoreboard will be operational six months prior to the transposition
deadline. 
Upon expiry of the
transposition deadline of the proposed Directive: 
·                   
To launch conformity-checking studies to assess the completeness
and correctness of the notified transposing national measures. 
·                   
To promote an informal exchange of view between the
above-mentioned DG ENV contact point and national competent authorities in
charge of the transposition of the proposed Directive. 
·                   
Should the informal dialogue fail to correct transposition
shortcomings, the Commission may launch EU PILOT cases to ask clarifications from
the concerned Member States on these identified shortcomings and whether and
what measures would they intend to take to correct them together with a timetable.

·                   
Should an EU PILOT file fail to lead to a complete and correct
transposition, the Commission may contemplate the option consisting in
launching infringement procedures.
4.1.2    To
promote complete, correct and timely implementation of the proposed Directive  
To establish as soon as possible and even before the entry into
force of the proposed Directive, strengthened platforms to enable dedicated and
inter-active dialogues on the implementing provisions contained in the
Directive amongst all relevant actors, including the Member States' competent
authorities at all relevant levels, the Commission, industry, civil society,
and the scientific community (see envisaged non-regulatory actions set out in the
Commission new air strategy "A Clean Air Programme for Europe"[7]).
·                   
To address specific implementation issues and provide guidance to
Member States throughout the Ambient Air Quality Committee established under
the AAQD. 
·                   
To appoint an "implementation" contact point at DG ENV
to liaise informally with competent national authorities in charge of the
implementation of the proposed Directive to address specific implementation
questions and issues these authorities may raise. 
·                   
To establish on the Europa website a Frequently Asked Questions
section to be updated on a regular basis.  
·                   
To issue Commission Implementing Acts specifying (i) the detailed
rules for the use of the flexibilities (international maritime emission
off-setting, joint implementation, adjustments of national emission
inventories) provided for in the proposed Directive and (ii) the format and the
necessary information concerning the NAPCPs
·                   
To issue Guidance on the elaboration and implementation of the
NAPCPs and on other issues, should the need arise.  
·                   
To facilitate the elaboration and implementation of NAPCPs through
an exchange of good practice, including via a website containing good examples
Possible
  Member State Actions:
·                   
To establish national stakeholder expert groups and consultation
platforms.
·                   
To prepare 'explanatory documents' on transposition and will be
provided with the possibility to consult the Commission on draft transposition
measures (mandatory).
·                   
To appoint one or more contact points to address issues to DG ENV
on the transposition and implementation of the proposed Directive
(recommended).
·                   
To keep the Commission informed on any potential problems related
to the implementation of the proposed Directive.
·                   
To set up dedicated and publicly accessible web-pages in the
national language in which e.g. the NAPCPs, the national emission inventories,
projections and informative inventory reports will be uploaded and will be
encouraged to add in the web-pages Frequently Asked Questions and information
on e.g. best practices.
[1]  This
Implementation Plan is provided for information purposes only. It does not
legally bind the Commission on whether the identified actions will be pursued
or on the form in which they will be pursued.
[2] Directive 2001/81/EC
of the European Parliament and of the Council of 23 October 2001 on national
emission ceilings for certain atmospheric pollutants (OJ L 309, 27.11.2001, p.
22).
[3] No national emission
reduction commitments shall apply to methane (CH4) for the year
2020.  
[4]
Directive 2010/75/EU of the European Parliament and of the Council of 24 November
2010 on industrial emissions (OJ L 334, 17.12.2010, p. 17).
[5] The 2010 NECs shall
apply until 31 December 2019 in accordance with the proposed Directive. 
[6] Directive
2008/50/EC of the European Parliament and of the Council of 21 May 2008 on
ambient air quality and cleaner air for Europe (OJ L152, 11.6.2008, p. 1). 
[7] Communication from
the Commission to the European Parliament and the Council "A Clean Air
programme for Europe", COM[xxxx]