EM 18155/13
COM (2013) 918 final
EM 18165/13
COM (2013) 917 final
EM 18167/13
COM (2013) 920 final
EM 18170/13
COM (2013) 919 final
COM (2013) 917 final ANNEX
COM (2013) 920 final ANNEX
COM (2013) 919 final ANNEX
SWD (2013) 531 final PART 1/4
SWD (2013) 531 final PART 2/4
SWD (2013) 531 final PART 3/4
SWD (2013) 531 final PART 4/4
SWD (2013) 532 final
SWD (2013) 536 final
SWD (2013) 537 final
EXPLANATORY MEMORANDUM ON EUROPEAN UNION LEGISLATION
AND DOCUMENT
Document 18155/13 of 23 December concerning a 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
1
Draft Instrument 18165/13 of 23 December concerning a Proposal for a
Council Decision on the acceptance of the Amendment to the 1999
Protocol to the 1979 Convention on Long-Range Transboundary Air
Pollution to Abate Acidification, Eutrophication and Ground-level Ozone
Draft Instrument 18167/13 of 23 December concerning a 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
Draft Instrument 18170/13 of 23 December concerning a Proposal for a
Directive of the European Parliament and of the Council on the limitation
of emissions of certain pollutants into the air from medium combustion
plants
Draft Instrument COM (2013) 917 final ANNEX of 23 December
concerning a Attachment to the Proposal for a Council Decision for the
acceptance of the Amendment to the 1999 Protocol to the 1979
Convention on Long-Range Transboundary Air Pollution to Abate
Acidification, Eutrophication and Ground-level Ozone
Draft Instrument COM (2013) 920 final ANNEX of 23 December
concerning ANNEXES to 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
Draft Instrument COM (2013) 919 final ANNEX of 23 December
concerning ANNEXES to the Proposal for a Directive of the European
Parliament and of the Council on the limitation of emissions of certain
pollutants into the air from medium combustion plants
Document SWD (2013) 531 final PART 1/4 of 23 December concerning a
Commission
Staff
Working
Document:
Impact
Assessment
Accompanying the documents Communication from the Commission to
2
the Council, the European Parliament, the European Economic and
Social Committee and the Committee of the Regions a Clean Air
Programme for Europe, Proposal for a Directive of the European
Parliament and of the Council on the limitation of emissions of certain
pollutants into the air from medium combustion plants, 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, Proposal for a Council Decision on the
acceptance of the Amendment to the 1999 Protocol to the 1979
Convention on Long-Range Transboundary Air Pollution to Abate
Acidification, Eutrophication and Ground-level Ozone
Document SWD (2013) 531 final PART 2/4 of 23 December concerning a
Commission
Staff
Working
Document:
Impact
Assessment
Accompanying the documents Communication from the Commission to
the Council, the European Parliament, the European Economic and
Social Committee and he Committee of the Regions a Clean Air
Programme for Europe, Proposal for a Directive of the European
Parliament and of the Council on the limitation of emissions of certain
pollutants into the air from medium combustion plants, 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, Proposal for a Council Decision on the
acceptance of the Amendment to the 1999 Protocol to the 1979
Convention on Long-Range Transboundary Air Pollution to Abate
Acidification, Eutrophication and Ground-level Ozone
Document SWD (2013) 531 final PART 3/4 of 23 December concerning a
Commission
Staff
Working
Document:
Impact
Assessment
Accompanying the documents Communication from the Commission to
the Council, the European Parliament, the European Economic and
Social Committee and he Committee of the Regions a Clean Air
Programme for Europe, Proposal for a Directive of the European
Parliament and of the Council on the limitation of emissions of certain
3
pollutants into the air from medium combustion plants, 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, Proposal for a Council Decision on the
acceptance of the Amendment to the 1999 Protocol to the 1979
Convention on Long-Range Transboundary Air Pollution to Abate
Acidification, Eutrophication and Ground-level Ozone
Document SWD (2013) 531 final PART 4/4 of 23 December concerning a
Commission
Staff
Working
Document:
Impact
Assessment
Accompanying the documents Communication from the Commission to
the Council, the European Parliament, the European Economic and
Social Committee and he Committee of the Regions a Clean Air
Programme for Europe, Proposal for a Directive of the European
Parliament and of the Council on the limitation of emissions of certain
pollutants into the air from medium combustion plants, 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, Proposal for a Council Decision on the
acceptance of the Amendment to the 1999 Protocol to the 1979
Convention on Long-Range Transboundary Air Pollution to Abate
Acidification, Eutrophication and Ground-level Ozone
Document SWD (2013) 532 final of 23 December concerning a
Commission Staff Working Document: Executive Summary of the Impact
Assessment Accompanying the documents Communication from the
Commission to the Council, the European Parliament, the European
Economic and Social Committee and the Committee of the Regions a
Clean Air Programme for Europe, Proposal for a Directive of the
European Parliament and of the Council on the limitation of emissions
of certain pollutants into the air from medium combustion plants,
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, Proposal for a Council Decision on
4
the acceptance of the Amendment to the 1999 Protocol to the 1979
Convention on Long-Range Transboundary Air Pollution to Abate
Acidification, Eutrophication and Ground-level Ozone
Document SWD (2013) 536 final of 23 December concerning a
Commission
Staff
Working
Document:
Implementation
Plan
Accompanying the document Proposal for a Directive of the European
Parliament and of the Council on the limitation of emissions of certain
pollutants into the air from medium combustion plants
Document SWD (2013) 537 final of 23 December concerning a
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
Submitted by the Department for Environment, Food and Rural Affairs
January 2014
SUBJECT MATTER
1.
This Explanatory Memorandum covers the Clean Air Policy Package
adopted by the Commission on 18 December 2013. The package was
developed following a review of air quality policy by the Commission
which began in 2011. The package seeks to update existing legislation
and further reduce harmful emissions from industry, traffic, energy
plants and agriculture, with a view to reducing their significant impact
on health and the environment.
2.
The package has a number of components and includes a new Clean
Air Programme for Europe; a proposal for a revised National Emission
Ceiling Directive; a proposal for a new Directive to regulate emissions
from medium-sized combustion plants; and a proposal to accept the
recent amendments to the Protocol to the United Nations Economic
5
Commission for Europe Convention on Long-Range Transboundary Air
Pollution to abate acidification, eutrophication and ground-level ozone
(the Gothenburg Protocol) on behalf of the EU.
3.
The new Clean Air Programme for Europe replaces the 2005 Thematic
Strategy on Air Pollution. It both identifies ways to facilitate compliance
with existing air quality targets in the short term and sets new air quality
objectives for the period up to 2030.
4.
The proposal for a revised National Emission Ceiling Directive would
repeal and replace the current National Emission Ceilings Directive and
set stricter ceilings for emissions of key air pollutants for 2020 and
2030.
5.
The proposal on medium-sized combustion plants is for a new
Directive which would regulate emissions from combustion plants with
a rated thermal input of between 1 and 50MW. This would cover
energy plants for large buildings and small industrial installations.
6.
The package also includes a proposal to ratify, on behalf of the EU, the
amendment to the Gothenburg Protocol which sets out new national
emission reduction commitments, including for the EU, to be met by
2020 and beyond.
7.
Parliamentary scrutiny history relevant to these proposals is attached in
the Annex
MINISTERIAL RESPONSIBILITY
8.
Responsibility lies with the Secretary of State for Environment, Food
and Rural Affairs, Scottish Ministers, Welsh Ministers and Northern
Ireland Executive Ministers. Gibraltar is responsible for its territory. The
Devolved Administrations and the Government of Gibraltar have been
consulted in the preparation of this Explanatory Memorandum.
6
LEGISLATIVE PROCEDURES
9.
(i) Legal Basis
The proposal for a revised National Emission Ceilings Directive and the
proposal to regulate medium-sized combustion plants are based on
article 192(1) TFEU. The proposed Decision to ratify the amendment to
the Gothenburg Protocol is based on Article 192 in conjunction with
Article 218(6)(a).
(ii) Legislative Procedure
The proposal for a revised National Emission Ceilings Directive and the
proposal to regulate medium-sized combustion plants will be adopted
via Ordinary Legislative Procedure
(formerly co-decision). The
proposed Decision to ratify the amendment to the Gothenburg Protocol
will be adopted by Special Legislative Procedure (by the Council acting
with the consent of the European Parliament).
(iii) Voting Procedure
Qualified Majority Voting in the Council; simple majority in the
European Parliament.
(iv) Impact on UK Law
On entry into force, the proposed Directives will need to be transposed
into UK law. The Council Decision ratifying the amendment to the
Gothenburg Protocol will not require a change to UK legislation.
(v) Application to Gibraltar
These proposals are applicable to Gibraltar.
(vi) Fundamental Rights Analysis
No fundamental rights arise from these proposals.
7
EUROPEAN ECONOMIC AREA
10.
The proposal for a revised National Emission Ceilings Directive and the
proposal to regulate medium-sized combustion plants have relevance
under the EEA Agreement. Aside from the need to negotiate ceilings
on emissions to apply to EEA countries, the Government is not aware
of any important issues likely to arise during the negotiations.
SUBSIDIARITY
11.
The Government believes that these proposals are justified in
accordance with the principle of subsidiarity, as set out in Article 5 of
the Treaty on European Union. Air pollution is a transboundary issue
and the objectives of the proposals cannot be sufficiently achieved by
Member States operating individually. To address the remaining
significant air quality impacts in the Union, each Member State must
reduce its pollutant emissions, and the cost-effective combination of
reductions across Europe can only be co-ordinated at Union level. The
reduction commitments identified take account not only of the domestic
impacts of national emissions, but also of their transboundary impacts.
EU regulation of emissions from medium-sized combustion plants is
necessary to ensure a level playing field.
POLICY IMPLICATIONS
12.
The UK Government is committed to improving air quality in the UK
and welcomes the Commission’s proposals in principle because they
will improve air quality and reduce its impacts on human health and the
natural environment.
13.
The proposed Clean Air for Europe Programme sets out the objectives
for EU air quality policy until 2030. The Programme provides the
justification for the legislative proposals to revise the National Emission
Ceilings Directive and on regulating emissions from medium-sized
8
combustion plants. The Government welcomes the decision not to
amend the Ambient Air Quality Directive (Directive 2008/50/EC) at this
stage but rather to focus on providing the tools to help Member States
meet existing targets. However, there is a need to ensure that the
tools are realistic and deliverable and that they do not lead to
disproportionate increases in administrative burden.
14.
The proposal for a Directive on the reduction of national emissions of
certain atmospheric pollutants would repeal and replace the current
National Emission Ceilings Directive (Directive 2001/81/EC) which set
emission ceilings for 2010 onwards for emissions of sulphur dioxide,
nitrogen
oxides,
ammonia,
and
non-methane
volatile
organic
compounds. The new proposal would set new ceilings to apply from
2020 and 2030 for those pollutants and fine particulate matter (PM2.5)
and would set a ceiling for 2030 for methane. The Directive would
require Member States to limit their annual emissions of those
pollutants in 2025 to the levels defined on the basis of a linear
reduction trajectory, unless this would require measures entailing
disproportionate costs.
15.
The proposed ceilings for 2020 reflect the reduction commitments
which the UK has agreed to as part of the amendment to the
Gothenburg Protocol and therefore can be supported. However, the
Government is concerned to ensure that the ceilings for 2030 are
realistic and deliverable at reasonable costs. The Government will
therefore carefully scrutinise the ambition level and the limits in the
proposal and consider their implications for different economic sectors
including industry, transport, energy and agriculture as well as their
potential to deliver benefits for the natural environment and human
health and to assist in meeting commitments on biodiversity. The
Government also has concerns about the inclusion of methane in the
proposed Directive as methane is currently regulated as a greenhouse
gas under the Climate Change Act 2008 and international legislation.
9
16.
The proposed Directive also seeks to address some of the perceived
shortcomings in the implementation of the current National Emission
Ceilings Directive by providing for Member States to adopt, implement
and regularly update national air pollution control programmes
describing how their ceilings will be met and seeks to provide for
enhanced co-ordination between emission reductions and air quality as
well as climate change and biodiversity protection. The Government
supports greater co-ordination but will scrutinise the proposals closely
to ensure they genuinely will enhance implementation of the ceilings
and do not create a significant new administrative burden for Member
States or increase complexity of the Directive.
17.
The proposal for a Directive on the limitation of emissions of certain
pollutants into the air from medium combustion plants provides
legislation to control emissions of three air pollutants (sulphur dioxide,
nitrogen oxides and particulate matter) from combustion plants with a
rated thermal input between 1 and 50 Mega Watts. Medium
combustion plants have a wide range of uses (including electricity
generation, domestic/residential heating and cooling and providing
heat/steam for industrial processes, etc.) In aggregate, their emissions
are significant.
18.
The Medium-sized Combustion Plants proposal is for new legislation
which seeks to bridge the gap between the regulation of small
combustion plants and appliances under the provisions implementing
Directive 2009/125/EC (the Eco-design Directive) and the regulation of
large combustion plants under Directive 2010/75/EU (the Industrial
Emissions Directive). The proposal would require combustion plants to
be registered and to monitor and report their emissions of sulphur
dioxide, nitrogen oxides and particulate matter. It would apply from 1
January 2025 to existing plant with a rated thermal input greater than
5MW and from 1 January 2030 to existing plant with a rated thermal
input of between 1 and 5MW. In both cases, “existing plant” would be
those already in operation up to one year before the date of the
10
transposition of the Directive (which could be 2018/19). Plants put into
operation after that date would immediately be subject to the proposed
Directive.
19.
Whilst supportive of EU measures to achieve emission reductions
commitments, the Government seeks to ensure that the proposed
regulation of medium combustion plants is proportionate and does not
result in excessive administrative burdens for operators (many of which
will be SMEs) and enforcement authorities. The UK currently regulates
combustion plants with a rated thermal input of 20MW and above and
controls emissions from smaller plants under the Clean Air Act 1993.
Therefore there is a need to consider how the Commission’s proposals
would impact on the current national regime.
20.
The package also includes a proposal to ratify, on behalf of the EU, the
amendment to the Gothenburg Protocol agreed in 2012. The amended
Protocol sets out new national emission reduction commitments, to be
met by 2020 and beyond. The EU is a Party to the Protocol and the
Protocol sets limits for the EU as well as for individual Member States.
The amended Protocol will become part of EU law upon ratification. EU
law will be aligned with the amended Protocol through several legal
instruments including the revised National Emission Ceilings Directive
and the proposed Directive on medium-sized combustion plants as well
as existing emission source control legislation including Directive
2010/75/EU on industrial emissions. The UK has not yet ratified the
amendment to the Protocol.
IMPACT ASSESSMENT
21.
The Commission has published an Impact Assessment for its
proposals (SWD(2013) 531), for which a summary has been provided
(SWD(2013) 532 final). The Government will be undertaking its own
analysis of the likely risks, costs and benefits of the proposals,
including the impacts on business, human health and environmental
issues
such
as
biodiversity.
The
Government
will
provide
11
supplementary Explanatory Memoranda as this work progresses, with
the first likely to be Easter 2014.
22.
The proposed targets seek to achieve 70% of the maximum technically
feasible reduction of health impacts in 2030. According to Commission
analysis, the proposals will reduce the total external costs of air
pollution by €40bn (£33.3bn) across the EU, compared to the costs of
€212bn (£176.6) in the baseline. This includes direct economic benefits
(such as labour productivity, health care costs and reduced crop value
losses) amounting to more than €2.8 billion (£2.3bn). With no further
action, emissions in 2030 will reduce health burdens by 40% compared
to 2005. The proposal will reduce this by a further 12% compared to
2005.
23.
The Commission’s Impact Assessment does not detail the likely
impacts of their proposed level of ambition on the UK. We will pursue
further information and disclosure from the Commission, particularly a
breakdown of the estimated costs and benefits of the proposal by
Member State.
FINANCIAL IMPLICATIONS
24.
The Commission estimates annual compliance costs across the EU-28
to be €3.3bn (£2.7bn). Costs for the UK have not been provided.
Government analysis will develop estimates of this cost, and a
breakdown of the Commission results by Member State will also be
requested.
CONSULTATION
25.
The Commission carried out a very broad consultation process
involving a range of stakeholder expert groups in 2011 and 2012 during
the development of the proposals and the Government has not carried
out a separate consultation. The consultation involved a wide range of
12
participants from Member States, industry NGOs and international
stakeholders. The Government is currently considering the need for
and timing of any formal consultation process and we will continue to
keep Parliament updated.
TIMETABLE
26.
The package will now be considered by the Council and the European
Parliament, with a view to negotiating and agreeing the different
elements; this process may take one to three years. Discussions in the
Council Working Group will begin on 14 January 2014. We will write
again to the Committee once the UK Government has made a
preliminary assessment of the likely risks, costs and benefits of the
proposal and after having sought further information from the
Commission. We expect to be in a position to update the Commission
by Easter 2014.
RT HON DAN ROGERSON MP
PARLIAMENTARY UNDER SECRETARY OF STATE
DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS
13
ANNEX
PARLIAMENTARY SCRUTINY HISTORY RELEVANT TO A:
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
EM NO /TITLE: 5466/09 DRAFT TITLE DECISION AUTHORISING THE
DECISION TO PARTICIPATE ON BEHALF OF THE EUROPENA
COMMUNITY IN NEGOTIATIONS ON AMENDMENTS TO THE
PROTOCOL ON PERSISTENCE ORGANIC POLUTTANT UNDER THE
UN ECE CONVENTION ON LONG RANGE TRANSBOUNDARY AIR
POLLUTION-RENEWAL
DATE EM SIGNED: 10/02/09
SCRUTINY COMMITTEES’ RECOMMENDATIONS:
COMMONS
CLEARED AS NIC ON 25/02/09.
REPORT NO 09-08/09.
LORDS
REFERRED TO SUB COMMITTEE D
ON 24/02/09 AND CLEARED ON
26/02/09
EM NO /TITLE: 12735/05 COMMUNICATION FROM THE COMMISSION TO
THE COUNCIL AND THE EUROPEAN PARLIAMENT THEMATIC
STRATEGY ON AIR POLLUTION
DATE EM SIGNED: 28/10/05, followed by supplementary EM on
16/12/05
SCRUTINY COMMITTEES’ RECOMMENDATIONS:
COMMONS
CONSIDERED IT ON 25/01/06,
REPORT NO 16-05/06. CLEARED
AS PIC
LORDS
SIFTED ON 17/1/06 AND CLEARED
ON 15/06/06
14