CELEX: 51998PC0108
Language: en
Date: 1998-03-02
Title: Amended proposal for a Council Decision amending Decision 93/389/EEC for a monitoring mechanism of Community CO2 and other greenhouse gas emissions

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                Brussels, 02.03.1998
                                                COM(1998) 108 final
                                                96/0192(SYN)
                             Amended proposal for a
                             COUNCIL DECISION
amending Decision 93/389/EEC for a monitoring mechanism of Community CQ2
                     and other greenhouse gas emissicms
           (presented by the Commission pursuant to Article 189 a (2)
                               of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                        EXPLANATORY MEMORANDUM
Pursuant to Article 189A, paragraph 2, the Commission submits an amended proposal for
a Council Decision amending Decision 93/389/EEC for a monitoring mechanism of
Community C02 and other greenhouse gas emissions. The amended proposal takes
account of a number of amendments from the European Parliament, adopted at its
September 1997 session.
Amendments accepted hy the Commission
The Commission can accept wholly, in part or in principle a total of 11 amendments.
Amendment 1 (new recital 8a) has been accepted: it re-emphasises the purpose of the
Decision.
Amendment 2 (new recital 8b) has been accepted: it stresses that the monitoring
mechanism is essential to the assessment of the implementation of policies and measures
in respect of climate change.
Amendment 3 (Article 1 (2)(b)) proposes to remove the words "at the latest from the first
updating" from the requirement for the inclusion of information in the Member States'
national programmes. The amendment has been accepted because the Commission
believes that the omission of these words makes no practical difference to the effect of the
provision concerned.
Amendment 4 (Article l(2)(b)) proposes to replace the requirement for estimates of the
effect of policies and measures between the base year and "regular intervals" with their
effect between the base year and 2005 , the base year and 2010 and then at regular
intervals. It also proposes that the estimates of the effects of policies and measures and
their incorporation into greenhouse gas emission predictions is to be on the basis of
standard procedural guidelines. This has been accepted because both the years mentioned
are recognised as relevant reference dates at both international and Community level and
because the Commission is already working towards such guidelines at Community and
international level.
Amendment 11 (Article l(2)(b)) proposes to replace "ozone precursors" with "pollutants
which affect the tropospheric ozone". This is accepted as a more precise alternative.
Amendment 12 (Article l(2)(b)) proposes that the best estimates for emission projections
are to be on the basis of standard procedural guidelines. This is accepted because the
Commission is already working towards such guidelines with others at Community and
international level.
 ---pagebreak--- Amendment 6 (Article l(3)(b)(ii)(b) proposes thaf. the Commission. be requi.ed to i ike
further steps to ensure the compatibility and transparency of naiional nieasurcoicnt and
compilation and to take into consideration the need fbr a ciear framework in presenting
modeling guidelines. It has been accepted because the Comrnission is already acting
according t.o t.hese principles.
Amendment 7 (Article 1(4)) provides for submission of Member States' national
programmes within 3 months following the adoption of the Cornmission proposal by
Council and a subsequent evaluation within 6 months. It is accepted in principle, but
additional wording should also be included. On each occasion where they appear, the
words "national programmes" should be followed by the words "or updates of
programmes already forwarded". The reason is that Member States who have already
submitted their programmes prior to the adoption of the proposal might reasonabiy object
to having to resubmit them within three months of the adoption.
Amendment 8 (Article 1(5)) proposes to clarify that the Commission should report
annually to the Council and the Parliament even if Member States' data is incomplete and,
if it is, the report is to refer to the absence of data. This is accepted because it should
encourage the timely provision of data.
Amendment 9 (Article 1 (6)(a)(new)) proposes to change the role of the committee under
the monitoring Decision from regulatory (Procedure Illa) to advisory (Procedure I). This
 is accepted because the existing committee is an advisory one.
 Amendment not accepted by the Commission
 Amendment 5 (Article l(3)(b)(i)(a)) proposes an additional requirement on Member
 States to "report each year on cumulative emissions of each greenhouse gas (. . .) and
"(. . .) to report on their projected cumulative emissions (. . .) over the periods up to 2005,
 2010 and 2020". The Commission cannot accept this amendment because it is not clear
 how these cumulative figures would help the annual assessment of progress and there is a
 danger of duplication of effort. Under the Commission proposal, Member States would
 already be required to report both on inventories and on the effects of measures for each
 of the gases and this would be an efficient analytical tool to assess progress towards the
 targets.
 ---pagebreak--- Amentled Proposal for a Council Decision amcnding Decision 93/389/EEC for a monitoring
mechanism of Communiry C 0 2 and other grcenhouse gas emissions - 96/0192(SYN)
                          ORIG1NA1.TEXT1                                AMENDEDTEXT
                                                      Recital 8a
                                                         Whereas it is vital to be able to assess
                                                         accurately and regularly the extent of
                                                         progress being made towards the goal of
                                                         meeting Community commitments to
                                                         substantially     reduce   greenhouse    gas
                                                         emissions in the coming decades:
                                                     Recital 8(b)
                                                          Whereas the Community considers the
                                                          monitoring mechanism to be an essential
                                                          instrument in the assessment of this
                                                          progress:
                                                   ARTICLE l(2)(b)
                 2.        Each Member State shall, at    2.        Each Member State shall include in
                 the latest from the first updating,      its national programme :
                 include in its national programme :
                                                   ARTICLE l(2)(b)
                          estimates of the effects of     - estimates of the effects of policies and
                policies and measures on emissions       measures on emissions and removals and
                and removals and incorporation of         incorporation of these in greenhouse gas
                these in greenhouse gas emissions'       cmissions' projections between the base year
                projections between the base year and    and 2000; and after this date, between the
                2000; and after this date, between the   base vear and 2005. and between the base
                base year and regular intervals as       year and 2010: thereafter. between the base
                being agreed upon in accordance with     year and regular intervals as being agreed
                the procedure set out in Article 8,      upon in accordance with the procedure set
                including       information     for   a  out in Article 8, on the basis of standartj
                quantitative understanding of the key    procedurai guidelines, including information
                assumptions used to develop the said     for a quantitative understanding of the key
                projections and the methodology used     assumptions used to develop the said
                for the provision of the estimates,      projections and the methodology used for
                                                         the provision of the estimates,
                                                  ARTICLE l(2)(b)
                (b)       information on the ozone       (b)        information on pollutants which
                precursors. i.e. carbon monoxide         affect the tropospheric ozone. i.e. carbon
                (CO), nitrogen oxides (NOx) and          monoxide (CO), nitrogen oxides (Mox) and
                volatile organic compounds (VOCs),       voiatile organic compounds (VOCs), as well
                as well as on other greenhouse gas       as on olher greenhouse gas cmissions,
                emissions, including, inter alia,         including, inter alia, perfluorocarbons
                perfluorocarbons                 (PFCs), (PFCs), hydrofiuorocarbons (HFCs) and
                hydrofiuorocarbons        (HFCs)    and   sulphur hexafluoride (SF6) in line with the
                sulphur hexafluoride (SF6) in line        reporting requirements under the UN
                 with the reporting requirements under    Framework Convention on Climate Change,
                 the UN Framework Convention on           incSuding
                 Climate Change, including
      OJ C 314, 24.10.1996, p. 11
 ---pagebreak---                                   ARTICLE l(2)(b)
         best estimates for emissions        -          best estimates for        emissions
projections at regular intervals in the      projections at regular intervais in the future
future and as being agreed upon in           and as being agreed upon in accordance with
accordance with the procedure set out        the procedure set out in Article 8, on the
in Article 8, including information for      basis of standard procedural guidelines.
a quantitative understanding of the          including information for a quantitative
key       assumptions        and      the    understanding of the key assumptions and
methodology used for the provision           the methodology used for the provision of
of the estimates.                            the estimates.
                            A R T I C L E l(3)(b)(iib) (new)
                                                   (iib)      The follQwing subparagraph
                                                   is added ;
                                                   "The Commission shall take further
                                                   steps to ensure the comparability and
                                                   transparencv of national measurement
                                                   and compilation methods: it shall take
                                                   into consideration the need for a clear
                                                   framework         presenting    common
                                                   modelling guidelines for current qnd
                                                   fiiture Member States,"
                                     A R T I C L E 1(4)
 4.        Article 5 is deleted.                   4.         Article 5 is replaced bv the
                                                   follovying ;
                                                                    "Article 5
                                                   Evaluation of national programmes
                                                   and of the state of emissions in the
                                                   Communitv
                                                   L          Member States shall forward
                                                   to the Commission their existing
                                                    national programmes or updates of
                                                    programmes alreadv forwarded within
                                                    three months of receiving notification
                                                    of this Decjsion,
                                                    2*        Ihfi     Commission      shall
                                                    forward to the other Member States the
                                                    national programmes received within
                                                    two months of their reception.
                                                     2*       Ihfi      Commission     shall
                                                     evaluate the national programmes. in
                                                     order to assess whether progress in the
                                                     Communitv as a whole is suffîcient to
                                                     ensure fulfilment of the cornmitments
                                                     referred to in Article 2(1Y
                                                     éu        The Commission shall report
                                                     to the European Parliament and the
                                                     Council the results of its evaluation
                                                     within six months of the reception of
                                                     the national programmes."
                                               5
 ---pagebreak---                                     ARTICLE 1(5)
The Commission shall assess annually in           The Commission shall assess annually
consultation with Member States whether           in consultation with Member States
progress in the Community as a whole is           whether progress in the Community as
sufficient to ensure that the Community is        a whole is sufficient to ensure that the
on course to fulfil the commitments               Community is on course to fulfil the
referred to in Article 2( 1 ) and report to the     commitments referred to in Article
European Parliament and the Council, on           2(1) and report to the European
the basis of information received under           Parliament and the Council, on the
Articles 2 and 3, including where                 basis of information received under
appropriate     the     updated      national     Articles 2 and 3, including the updated
programmes.                                       national          programmes.          The
                                                  Commission's report shall be made
                                                  available to the European Parliament
                                                  and the Council even in the case of
                                                  incomplete data being received from
                                                  Member States: where this is the case.
                                                  reference shall be made to this absence
                                                  pfdatain the report.
                                ARTICLE l(6a) (new)
                                                  ÙSL         Article 8(1) is replaced by the
                                                   following ;
                                                  Î1L         The Commissiop shall be
                                                  assisted bv a committee of an advisory
                                                   nature composed of representatives of
                                                  the Member States and chaired by a
                                                   representative of the Commission."
                                                   2.       The representative of the
                                                   Çpmmissjpn shall submit to the
                                                   committee a draft of the measures to be
                                                   taken. The committee shall deliver its
                                                   opinion on the draft. within a time-
                                                   limit which the chairman mav lay
                                                   down according to the urgencv of the
                                                   matter. if necessarv bv taking a vote.
                                                ^ 3 . The opinion shall be recorded in the
                                                   minutes: in addition. each Member
                                                    State shall have the right to ask to have
                                                    its position recorded in the minutes.
                                                    4.    The Commission shall take the
                                                    utmpst aççpunt of the opinion
                                                    delivered by the committee, I,t shall
                                                    inform the committee of the manner in
                                                    whiçh its .opinion has peen taken into
                                                    account.
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(98) 108 final
                                             DOCUMENTS
EN                                                            14 12 07 15
                                    Catalogue number : CB-CO-98-106-EN-C
                                                             ISBN 92-78-31317-3
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