REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive (EU) No 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending directive 2003/35/EC and repealing Directive 2001/81/EC
Date: 2021-08-04
Institutions: Directorate-General for Environment, European Commission
Subjects: EU Member State, EU emission allowance, European Commission, air quality, atmospheric pollutant, delegated legislation, pollution control measures, powers of the institutions (EU), reduction of gas emissions

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   EUROPEAN COMMISSION  Brussels, 4.8.2021  COM(2021) 451 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL  on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive (EU) No 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending directive 2003/35/EC and repealing Directive 2001/81/EC    
 
 
1.  Introduction 

Directive  (EU)  2016/2284  on  the  reduction  of  national  emissions  of  certain  atmospheric 
pollutants is the main legislative instrument  to achieve the 2030 objectives of the Clean Air 
Programme1.  This  Directive  sets  national  emission  reduction  commitments  for  each  EU 
Member State for the period 2020 to 2029 and more ambitious ones as of 2030, targeting five 
air  pollutants  responsible  for  significant  negative  impacts  on  human  health  and  the 
environment:  sulphur  dioxide  (SO2),  nitrogen  oxides  (NOx),  non-methane  volatile  organic 
compounds (NMVOC), ammonia (NH3) and fine particulate matter (PM2.5).   

The  Directive  furthermore  establishes  monitoring  and  reporting  requirements  for  national 
emissions  of the above  mentioned pollutants as  well as of other pollutants, to  be monitored 
and  reported  on  also  under  the  respective  protocols  to  the  UNECE  Convention  on  Long-
Range  Transboundary  Air  Pollution  (LRTAP  Convention)  to  which  the  EU  Member  States 
are  parties.  These  emissions  are  to  be  reported  in  accordance  with  the  methodologies  laid 
down in the LRTAP Convention. 

Directive (EU) 2016/2284 requires Member States to adopt a National Air Pollution Control 
Programme (NAPCP), which constitutes a central governance instrument that allows them to 
coordinate  and  agree  policies  and  measures  to  ensure  national  emission  reduction 
commitments are met. 

Directive  (EU)  2016/2284  requires  Member  States  to  monitor  negative  impacts  of  air 
pollution upon ecosystems.  

Directive  (EU)  2016/2284  empowers  the  Commission  to  adopt  delegated  acts  to  amend  the 
Directive to adapt Annexes I, III, IV and V to technical or scientific progress or developments 
under the LRTAP Convention. 

Article 6(8) of the Directive lays down that the Commission is empowered to adapt Part 2 of 
Annex III to developments, including technical progress, within the framework of the LRTAP 
Convention.  Annex  III  sets  out  emission  reduction  measures,  including  references  to  the 
UNECE Framework Code for Good Agricultural Practice for Reducing Ammonia Emissions 
of  2014  and  UNECE  guidance  on  Nitrogen  Budgets,  to  be  considered  for  inclusion  in  the 
National Air Pollution Control Programmes. 

Article 8(7) of the Directive lays down that the Commission is empowered to adapt Annex I 
and  Annex  IV  to  developments,  including  technical  and  scientific  progress,  within  the 
framework  of  the  LRTAP  Convention.  Annex  I  sets  out  the  pollutant  emissions  to  be 
monitored  by  Member  States  and  their  reporting  requirements  largely  aligned  with  the 

1 Communication from the Commission to the European Parliament, the Council, the European Economic and 
Social Committee and the Committee of the Regions, A Clean Air Programme for Europe, COM (2013)918, 
18.12.2013 

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requirements  under  the  LRTAP  Convention.  Annex  IV  sets  out  the  methodologies  for  the 
preparation  of  national  emission  inventories  and  projections,  informative  inventory  reports 
and adjusted national emission inventories.  

Article 9(3) of the Directive lays down that the Commission is empowered to adapt Annex V 
on  optional  indicators  for  monitoring  air  pollution  impacts  on  ecosystems,  to  technical  and 
scientific progress and to developments within the framework of the LRTAP Convention.  

2.  Legal Basis 

Article 16(2) of Directive (EU) 2016/2284 requires the Commission to report on the exercise 
of the power to adopt delegated acts referred to Articles 6(8), 8(7) and 9(3). 

Pursuant to this provision, the power to adopt delegated acts is conferred on the Commission 
for a period of five years from 31 December 2016, and is automatically extended for a period 
of  an  identical  duration,  unless  the  European  Parliament  or  the  Council  opposes  such 
extension not later than three months before the end of that period. 

3.  Exercise of the delegation 

The empowerment was deemed necessary for complementing or adapting provisions set out 
in Annexes I, III, IV and V to the Directive to take account of technical and scientific progress 
or developments in the framework of the LRTAP Convention. 

The Commission reports that it has not yet adopted relevant delegated acts. 

The reasons for this relate to: 

a)  the absence of developments in the framework of the LRTAP Convention that would 

have required an adaptation of the respective Annexes to be considered; 

b)  the  absence  of  technical  or  scientific  progress  that  is  sufficiently  stable  and  would 

warrant an adaptation of the respective annexes.  

4.  Conclusion 

The Commission has not exercised the delegated powers conferred to it under Directive (EU) 
2016/2284 since its entry into force on 31 December 2016. 

The Commission considers that all delegations of power should be retained, as adaptations of 
Annexes  I,  III,  IV  and  V  to  technical  and  scientific  progress  or  developments  in  the 
framework of the LRTAP Convention may be needed in the future. 

The Commission invites the European Parliament and the Council to take note of this report. 

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