Council of the
European Union
Brussels, 22 December 2015
(OR. en)
15532/15
Interinstitutional File:
2013/0443 (COD)
LIMITE
ENV 811
ENER 439
IND 213
TRANS 422
ENT 274
SAN 448
PARLNAT 154
CODEC 1769
NOTE
From:
To:
General Secretariat of the Council
Delegations
No. prev. doc.:
15401/15 ENV 799 ENER 434 IND 210 TRANS 412 ENT 268 SAN 443
PARLNAT 151 CODEC 1756
18167/13 ENV 1235 ENER 600 IND 388 TRANS 693 ENT 356 SAN 555
PARLNAT 325 CODEC 3086 - COM(2013) 920 final
No. Cion doc.:
Subject:
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
Examination of EP amendments
Delegations will find attached a 4-column table with a view to the Working Party on Environment
meeting on 12 January 2016.
15532/15
CM/mb/mv
DGE 1A
LIMITE
1
EN
ANNEX
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
Commission proposal
(1) Significant progress has been
achieved in the past 20 years in the
Union in the field of anthropogenic
air emissions and air quality by a
dedicated Union policy, including
the 2005 Communication from the
Commission "Thematic Strategy on
Air Pollution” (“TSAP”)15.
Directive 2001/81/EC of the
European Parliament and of the
Council16 has been instrumental in
this progress by setting caps on
Member States' total annual
emissions for 2010 onwards of
sulphur dioxide (SO2), nitrogen
oxides (NOx), ammonia (NH3) and
volatile organic compounds other
than methane (NMVOC). As a
result, SO2 emissions were reduced
by 82%, NOx emissions by 47%,
NMVOC emissions by 56% and
NH3 emissions by 28% between
1990 and 2010. However, as
indicated in the "Clean Air
15532/15
ANNEX
EP amendments
Council general approach
Comments
Recital 1
(1) Significant progress has been
achieved in the past 20 years in the
Union in the field of anthropogenic
air emissions and air quality […] in
particular through a dedicated
Union policy, including the 2005
Communication from the
Commission "Thematic Strategy on
Air Pollution” (“TSAP”) 15.
Directive 2001/81/EC of the
European Parliament and of the
Council 16 has been instrumental in
this progress by setting caps on
Member States' total annual
emissions for 2010 onwards of
sulphur dioxide (SO2), nitrogen
oxides (NOx), ammonia (NH3) and
volatile organic compounds other
than methane (NMVOC). As a
result, SO2 emissions were reduced
by 82%, NOx emissions by 47%,
NMVOC emissions by 56% and
NH3 emissions by 28% between
1990 and 2010. However, as
CM/mb/mv
DGE 1A
LIMITE
2
EN
Commission proposal
Programme for Europe" ("revised
TSAP"),17 significant adverse
impacts and risks remain on the
environment and human health.
______________
15
Communication of 21
September 2005 from the
Commission to the Council and the
European Parliament "Thematic
Strategy on Air Pollution",
COM(2005) 446 final.
16
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).
17
Communication from the
Commission to the Council and the
European Parliament "A Clean Air
Programme for Europe",
COM(2013) [xxx] .
(2) The seventh Environment
Action Programme18 confirms the
Union’s long-term objective for air
policy, to achieve levels of air
quality that do not give rise to
significant negative impacts on and
15532/15
ANNEX
EP amendments
Council general approach
indicated in the "Clean Air
Programme for Europe" ("revised
TSAP") 17, significant adverse
impacts and risks remain on the
environment and human health.
_______________
15
Communication of 21
September 2005 from the
Commission to the Council and the
European Parliament "Thematic
Strategy on Air Pollution",
COM(2005) 446 final.
16
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).
17
Communication from the
Commission to the Council and the
European Parliament "A Clean Air
Programme for Europe",
COM(2013) [xxx].
Amendment 2
Recital 2
(2) The seventh Environment
The seventh Environment Action
Action Programme18 confirms the
Programme 18 confirms the Union's
Union’s long-term objective for air long-term objective for air policy,
policy, to achieve levels of air
to achieve levels of air quality that
quality that do not give rise to
do not give rise to significant
significant negative impacts on and negative impacts on and risks to
Comments
CM/mb/mv
DGE 1A
LIMITE
3
EN
Commission proposal
risks to human health and the
environment, and calls, to that end,
for full compliance with the current
air quality legislation of the Union,
post-2020 strategic targets and
actions, enhanced efforts in areas
where the population and
ecosystems are exposed to high
levels of air pollutants, and
reinforced synergies between air
quality legislation and Union’s
policy objectives set for climate
change and biodiversity in
particular.
__________________
18 Proposal for a Decision of the
European Parliament and of the
Council on a General Union
Environment Action Programme to
2020 ‘Living well, within the limits
of our planet’, COM (2012) 710,
29.11.2012.
15532/15
ANNEX
EP amendments
risks to human health and the
environment, and calls, to that end,
for full compliance with the current
air quality legislation of the Union,
post-2020 strategic targets and
actions, enhanced efforts in areas
where the population and
ecosystems are exposed to high
levels of air pollutants, and
reinforced synergies between air
quality legislation and Union’s
policy objectives set for climate
change and biodiversity in
particular. The Common
Agricultural Policy for the 20142020 period offers the possibility
for Member States to contribute to
air quality with specific measures.
Future evaluation will provide a
better understanding of the effects
of these measures.
__________________
18 Proposal for a Decision of the
European Parliament and of the
Council on a General Union
Environment Action Programme to
2020 ‘Living well, within the limits
of our planet’, COM (2012) 710,
29.11.2012.
Council general approach
human health and the environment,
and calls, to that end, for full
compliance with the current air
quality legislation of the Union,
post-2020 strategic targets and
actions, enhanced efforts in areas
where the population and
ecosystems are exposed to high
levels of air pollutants, and
reinforced synergies between air
quality legislation and Union's
policy objectives set for climate
change and biodiversity in
particular.
Comments
_________________
18 […] Decision No 1386/2013/EU
of the European Parliament and of
the Council of 20 November 2013
on a General Union Environment
Action Programme to 2020 "Living
well, within the limits of our
planet" […] (OJ …)
CM/mb/mv
DGE 1A
LIMITE
4
EN
Commission proposal
(5) As regards the year 2020 and
thereafter, the revised Gothenburg
Protocol accepted by the Council in
Decision [xxxx/xxxx/EU]20 sets out
new emission reduction
commitments, taking the year 2005
as a base year, for each party
regarding SO2, NOx, NH3, NMVOC
and fine particulate matter (PM2,5),
promotes emission reductions of
15532/15
ANNEX
EP amendments
Council general approach
Amendment 3
Recital 4 a (new)
(4a) Member States and the Union
are parties to the 2013 Minamata
Convention on Mercury, which
seeks to improve human health
and environmental protection
through the reduction of mercury
emissions from existing and new
sources. This Directive should
contribute to the reduction of
mercury emissions in the Union as
required by the Communication
from the Commission to the
Council and the European
Parliament of 28 January 2005 on
a Community Strategy on Mercury
and the Minamata Convention on
Mercury.
Comments
Recital 5
(5) As regards the year 2020 and
thereafter, the revised Gothenburg
Protocol […] sets out new emission
reduction commitments, taking the
year 2005 as a base year, for each
party regarding SO2, NOx, NH3,
NMVOC and fine particulate matter
(PM2,5), promotes emission
reductions of black carbon and calls
for the collection and keeping of
CM/mb/mv
DGE 1A
LIMITE
5
EN
Commission proposal
black carbon and calls for the
collection and keeping of
information on the adverse effects
of air pollutant concentrations and
depositions on human health and
the environment and participation
in the effects-oriented programmes
under the LRTAP Convention.
________________
20 Council Decision 2013/xxxx/EU
on the acceptance of the
Amendment to the 1999 Protocol to
the 1979 Convention on LongRange Transboundary Air Pollution
to Abate Acidification,
Eutrophication and Ground-Level
Ozone (OJ L.. p,).
(6) The national emission ceiling
regime established by Directive
2001/81/EC should therefore be
revised in order to align it with the
international commitments of the
Union and the Member States.
15532/15
ANNEX
EP amendments
Council general approach
information on the adverse effects
of air pollutant concentrations and
depositions on human health and
the environment and participation
in the effects-oriented programmes
under the LRTAP Convention.
Comments
Amendment 4
Recital 6
(6) The national emission ceiling
(6)The national emission ceiling
regime established by Directive
regime established by Directive
2001/81/EC should therefore be
2001/81/EC should therefore be
revised in order to ensure
revised in order to align it with the
compliance with the international
international commitments of the
commitments of the Union and the Union and the Member States. To
Member States.
that effect, the national emission
reduction commitments for any
year from 2020 to 2029 in this
Directive are identical to those set
in the revised Gothenburg Protocol.
CM/mb/mv
DGE 1A
LIMITE
6
EN
Commission proposal
(8) This Directive should also
contribute to the achievement of the
air quality objectives set in Union
legislation and to the mitigation of
climate change impacts by reducing
emissions of short-lived climate
pollutants as well as to the
improvement of air quality
globally.
15532/15
ANNEX
EP amendments
Council general approach
Amendment 5
Recital 8
(8) This Directive should also
(8) This Directive should also
contribute to the achievement, in a contribute to the achievement of the
cost-effective manner, of the air
air quality objectives set in Union
quality objectives set in Union
legislation and to the mitigation of
legislation and to the mitigation of
climate change impacts […] as well
climate change impacts by reducing as to the improvement of air quality
emissions of short-lived climate
globally.
pollutants in addition to the
improvement of air quality globally
and by improving synergies with
Union climate and energy policy
and ensuring non-duplication of
existing Union legislation. In
particular, this Directive should be
aligned with evolving Union and
international climate change
action, including, but not limited
to, the 2030 policy framework for
climate and energy and a
comprehensive, binding global
climate change agreement.
Comments
CM/mb/mv
DGE 1A
LIMITE
7
EN
Commission proposal
15532/15
ANNEX
EP amendments
Council general approach
Amendment 6
Recital 8 a (new)
(8a) This Directive should also
contribute to the reduction of the
health-related costs of air pollution
in the Union by improving EU
citizens’ quality of life as well as to
favour the transition to a green
economy.
Amendment 7
Recital 8 b (new)
(8b) In order to reduce emissions
from maritime transport, it is
necessary to ensure a full and
timely implementation of the limits
laid down by the International
Maritime Organization (IMO) and
a strict enforcement of Directive
2012/33/EU of the European
Parliament and of the Council1a.
Further action to control shipping
emissions is also needed. It is
appropriate that the Union and
Member States consider defining
new emission control areas and
continue to work within the IMO
to further reduce the emissions.
______________
1a Directive 2012/33/EU of the
European Parliament and of the
Council of 21 November 2012
Comments
CM/mb/mv
DGE 1A
LIMITE
8
EN
Commission proposal
9) Member States should comply
with the emission reduction
commitments set out in this
Directive for 2020 and 2030. So as
to ensure demonstrable progress
towards the 2030 commitments,
Member States should meet
intermediate emission levels in
2025, set on the basis of a linear
trajectory between their emission
levels for 2020 and those defined
by the emission reduction
commitments for 2030, unless this
would entail disproportionate
costs. Where the 2025 emissions
cannot be so limited, Member
States should explain the reasons
in their reports under this
Directive.
15532/15
ANNEX
EP amendments
Council general approach
amending Council Directive
1999/32/EC as regards the sulphur
content of marine fuels (OJ L 327,
27.11.2012, p. 1).
Amendment 8
Recital 9
(9) In order to limit the
(9) Member States should comply
with the emission reduction
atmospheric emissions of air
commitments set out in this
pollutants and to effectively
Directive from […] 2020 and from
contribute to the Union objective
2030. So as to ensure demonstrable
of achieving air quality that does
not give rise to significant negative progress towards the 2030
impacts on and risks to health, and commitments, Member States
should identify indicative […]
to reducing the levels and
emission levels in 2025 which
deposition of acidifying and
would be technically feasible and
eutrophying pollutants below
not entail disproportionate costs,
critical loads and levels, binding
national emission reduction
and endeavour to comply with
commitments are set in this
such levels […]. Where the 2025
Directive for 2020, 2025 and 2030. emissions cannot be […] limited in
accordance with the determined
trajectory, Member States should
explain the reasons in their reports
under this Directive.
Comments
CM/mb/mv
DGE 1A
LIMITE
9
EN
Commission proposal
EP amendments
Council general approach
Comments
Recital 9 a (new)
(9a) The national emission
reduction commitments set out in
this Directive for 2030 onwards are
based on the estimated reduction
potential of each Member State
contained in the TSAP Report n°16
of January 2015 (TSAP 16), on
technical examination of the
differences between national
estimates and those in TSAP 16,
and on the political objective to
maintain the overall health impact
reduction by 2030 (compared with
2005) as close as possible to that of
the original Commission proposal.
To enhance transparency, the
Commission should publish the
underlying assumptions contained
in TSAP 16.
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
10
EN
Commission proposal
EP amendments
Council general approach
Comments
Recital 9 b (new)
(9b) Compliance with national
emission reduction commitments
should refer to the specific
methodological status at the time
the commitment was set.
(10) Some Member States opted
under the LRTAP Convention for
setting emission ceilings based on
fuel used regarding the transport
sector. This has resulted in a lack of
coherence with their overall energy
consumption and statistics as well
as those of the Union as a whole.
Accordingly, in order to guarantee a
common and coherent basis for all
Member States and the Union as a
whole, this Directive sets out
reporting requirements and
emission reduction commitments
based on national energy
consumption and fuel sold, which
ensures further coherence with
Union climate change and energy
legislation.
15532/15
ANNEX
Recital 10
(10) Reporting requirements and
emission reduction commitments
should be based on national energy
consumption and fuel sold.
However, some Member States
may opt […] under the LRTAP
Convention to use the national
emission total calculated on the
basis of fuels used regarding the
road transport sector as a basis for
compliance. This option should be
kept in order to ensure coherence
between International and
European legislation […].
CM/mb/mv
DGE 1A
LIMITE
11
EN
Commission proposal
Council general approach
Amendment 9
Recital 11
(11) In order to promote cost(11) In order to promote cost(11) In order to […] address some
effective achievement of the
effective achievement of the
of the uncertainties inherent in
national emission reduction
national emission reduction
setting national emission reduction
commitments and of the
commitments, Member States
commitments, the Gothenburg
intermediate emission levels,
should have the possibility to
Protocol includes flexibilities which
Member States should be entitled to jointly meet their commitments
should be incorporated into this
regarding methane (CH4) and of
Directive for 2020 and 2030. In
account for emission reductions
particular, the Protocol establishes a
from international maritime traffic making use of Decision
n°406/2009/EC of the European
mechanism to adjust national
if emissions from that sector are
Parliament and of the Council for
emission inventories and to average
lower than the levels of emissions
22
national annual emissions for a
that would result from compliance so doing. For the purpose of
checking compliance with their
maximum of three years where
with Union law standards,
national emission ceilings, emission certain conditions are met, and in
including the sulphur limits for
reduction commitments and
case where this Directive imposes a
fuels set in Directive 1999/32/EC
21
emission
levels,
Member
States
reduction commitment, in order to
of the Council. Member States
should also have the possibility to
could adjust their national emission comply with the Gothenburg
jointly meet their commitments and inventories in view of improved
Protocol, which exceeds the costscientific understanding and
effective reduction identified in
intermediate emission levels
regarding methane (CH4) and of
methodologies regarding emissions. TSAP 16. In addition, there should
making use of Decision
The Commission could object to
be a flexibility in this Directive to
n°406/2009/EC of the European
the use of these flexibilities by a
assist Member States in case of
Parliament and of the Council for
Member State, should the
sudden and exceptional events
so doing.22 For the purpose of
conditions set out in this Directive
related to energy generation or
checking compliance with their
not be met.
supply provided that specific
national emission ceilings, emission
conditions are met. The use of these
reduction commitments and
flexibilities should be monitored by
intermediate emission levels,
the Commission taking into account
Member States could adjust their
guidance developed under the
national emission inventories in
LRTAP Convention. For the
15532/15
ANNEX
EP amendments
Comments
CM/mb/mv
DGE 1A
LIMITE
12
EN
Commission proposal
view of improved scientific
understanding and methodologies
regarding emissions. The
Commission could object to the use
of any of these flexibilities by a
Member State, should the
conditions set out in this Directive
not be met.
______________
21 Council Directive 1999/32/EC
of 26 April 1999 relating to a
reduction in the sulphur content
of certain liquid fuels and
amending Directive 93/12/EEC
(OJ L 121, 11.5.1999, p. 13).
22
Decision n°406/2009/EC of the
European Parliament and of the
Council of 23 April 2009 on the
effort of Member States to reduce
their greenhouse gas emissions to
meet the Community’s greenhouse
gas emission reduction
commitments up to 2020 (OJ L
140, 5.6.2009, p. 136).
15532/15
ANNEX
EP amendments
Council general approach
purposes of assessing applications
for adjustments, the reduction
commitments for 2020 should be
considered to have been set on 4
May 2012, the date the Gothenburg
Protocol was amended.
Comments
______________
22
Decision n°406/2009/EC of the
European Parliament and of the
Council of 23 April 2009 on the
effort of Member States to reduce
their greenhouse gas emissions to
meet the Community’s greenhouse
gas emission reduction
commitments up to 2020 (OJ L
140, 5.6.2009, p. 136).
CM/mb/mv
DGE 1A
LIMITE
13
EN
Commission proposal
Council general approach
Amendment 10
Recital 12
(12) Member States should adopt
(12) Member States should adopt
Member States should adopt and
and implement a national air
and implement a national air
implement a national air pollution
pollution control programme with a pollution control programme with a control programme with a view to
view to meeting their emission
view to meeting their emission
meeting their emission reduction
reduction requirements and
reduction requirements and to
requirements […], and to
contributing effectively to the
contributing effectively to the
intermediate emission levels, and
to contributing effectively to the
achievement of the Union air
achievement of the Union air
achievement of the Union air
quality objectives. To this effect,
quality objectives. To this effect,
quality objectives. To this effect,
Member States should take account Member States should take account
Member States should take account of the need to reduce emissions in
of the need to reduce emissions in
of the need to reduce emissions in
zones and agglomerations affected
zones and agglomerations affected
zones and agglomerations affected
by excessive air pollutant
by excessive air pollutant
by excessive air pollutant
concentrations and/or in those that
concentrations and/or in those that
concentrations and/or in those that
contribute significantly to air
contribute significantly to air
contribute significantly to air
pollution in other zones and
pollution in other zones and
pollution in other zones and
agglomerations, including in
agglomerations, including in
agglomerations, including in
neighbouring countries. National air neighbouring countries. National air
neighbouring countries. National air pollution control programmes
pollution control programmes
pollution control programmes
should, to that end, contribute to the should, to that end, contribute to the
should, to that end, contribute to the successful implementation of air
successful implementation of air
successful implementation of air
quality plans enacted under Article quality plans enacted under Article
quality plans enacted under Article 23 of Directive 2008/50/EC of the
23 of Directive 2008/50/EC of the
23 of Directive 2008/50/EC of the
European Parliament and of the
European Parliament and of the
23
European Parliament and of the
Council.
Council 23.
Council.23
______________
______________
______________
23
23
23
Directive 2008/50/EC of the
Directive 2008/50/EC of the
Directive 2008/50/EC of the
European Parliament and of the
European Parliament and of the
European Parliament and of the
Council of 21 May 2008 on
Council of 21 May 2008 on
Council of 21 May 2008 on
15532/15
ANNEX
EP amendments
Comments
CM/mb/mv
DGE 1A
LIMITE
14
EN
Commission proposal
ambient air quality and cleaner air
in Europe (OJ L 152, 11.6.2008,
p. 1).
EP amendments
Council general approach
ambient air quality and cleaner air
ambient air quality and cleaner air
in Europe (OJ L 152, 11.6.2008,
in Europe (OJ L 152, 11.6.2008,
p. 1).
p. 1).
Amendment 11
Recital 13
(13) In order to reduce atmospheric (13) In order to reduce atmospheric (13) Agriculture makes an
NH3 and PM2,5 emissions from the NH3, CH4 and PM2.5 emissions
important contribution to […]
main contributors, national air
from the main contributors, national atmospheric NH3 and PM2,5
pollution control programmes
air pollution control programmes
emissions. In order to reduce these
should include measures applicable should include measures applicable emissions […], national air
to the agricultural sector. Member
to the agricultural sector. These
pollution control programmes
States should be entitled to
should include measures applicable
measures should be cost-effective
implement measures other than
and based on specific information to the agricultural sector. […]
those set out in this Directive with
However, Member States should be
and data, taking account of
an equivalent level of
entitled to decide on the measures
scientific progress and previous
environmental performance owning measures undertaken by Member
to adopt to meet the emission
to specific national circumstances.
reduction commitments in the
States. The development of
Directive.
guidelines on good agricultural
practice for using NH3, to be
exchanged at Union level, would
also be desirable in an attempt to
reduce these emissions. Member
States should be entitled to
implement measures other than
those set out in this Directive with
an equivalent level of
environmental performance owning
to specific national circumstances.
15532/15
ANNEX
Comments
CM/mb/mv
DGE 1A
LIMITE
15
EN
Commission proposal
15532/15
ANNEX
EP amendments
Council general approach
Amendment 12
Recital 13 a (new)
(13a) In order to reduce emissions
from the main contributors,
national air pollution control
programmes should include
measures applicable to all relevant
sectors, including agriculture,
industry, road transport, non-road
mobile machinery, inland and
domestic shipping, domestic
heating and solvents. Member
States should be entitled to
implement measures other than
those set out in this Directive with
an equivalent level of
environmental performance taking
into account specific national
circumstances.
Comments
CM/mb/mv
DGE 1A
LIMITE
16
EN
Commission proposal
15532/15
ANNEX
EP amendments
Council general approach
Amendment 13
Recital 13 b (new)
(13b) In taking measures to be
included in national air control
programmes which are applicable
to the agricultural sector, Member
States should ensure that impacts
on small to medium-sized farms
are fully taken into account and
these impacts do not entail
significant additional costs that
cannot be borne by such farms.
Improvements in air quality should
be achieved through proportionate
measures that safeguard the future
of agricultural holdings. The
national air pollution control
programmes should provide a
balance between animal
husbandry and pollution control.
Comments
CM/mb/mv
DGE 1A
LIMITE
17
EN
Commission proposal
15532/15
ANNEX
EP amendments
Council general approach
Amendment 14
Recital 13 c (new)
(13c) The measures taken under
national air pollution control
programmes to prevent NH3, CH4
and PM2.5 emissions in the
agricultural sector should be
eligible for financial support
under, inter alia, the Rural
Development Funds, in particular
measures by small and mediumsized farms requiring significant
changes of practices or significant
investments such as extensive
grazing, agroecology, anaerobic
digestion for biogas production
using farm waste, and low
emission housing systems.
Amendment 15
Recital 14 a (new)
(14a) In order to improve air
quality, particularly in urban
areas, national air pollution
control programmes should
include measures to reduce
emissions of nitrogen oxides and
particulate matter in those areas.
Comments
CM/mb/mv
DGE 1A
LIMITE
18
EN
Commission proposal
15532/15
ANNEX
EP amendments
Council general approach
Amendment 16
Recital 15 a (new)
(15a) In accordance with the
Aarhus Convention on access to
information, public participation
in decision-making and access to
justice in environmental matters
and with the case law of the Court
of Justice, the public should be
given wide access to justice in
order to ensure the effective
implementation and enforcement
of this Directive and to contribute
to the protection of the right to live
in an environment which is
adequate for personal health and
well-being.
Amendment 17
Recital 15 b (new)
(15b) Environmental inspections
and market surveillance are
needed in order to ensure the
effectiveness of this Directive and
of measures adopted pursuant to
the achievement of its objectives.
Comments
CM/mb/mv
DGE 1A
LIMITE
19
EN
Commission proposal
(18) In order to assess the
effectiveness of the national
emission reduction commitments
laid down in this Directive,
Member States should also monitor,
where practicable, the effects of
such reductions in terrestrial and
aquatic ecosystems, in accordance
with internationally established
guidelines and report these effects.
15532/15
ANNEX
EP amendments
Council general approach
Amendment 18
Recital 15 c (new)
(15c) When assessing the synergies
between EU air quality policy and
climate and energy policy the
Commission should take account
of the European Parliamentary
Research Service's study "Air
Quality - Complementary Impact
Assessment on interactions
between EU air quality policy and
climate and energy policy".
Comments
Recital 18
(18) In order to assess the
effectiveness of the national
emission reduction commitments
laid down in this Directive,
Member States should also monitor
[…] the impacts of air pollution on
terrestrial and aquatic ecosystems,
[…] and report these effects. To
ensure a cost-effective approach
Member States should have the
flexibility to decide on monitoring
indicators and should coordinate
with monitoring programmes under
related Directives and, if
appropriate, the LRTAP
Convention.
CM/mb/mv
DGE 1A
LIMITE
20
EN
Commission proposal
(20) It is necessary to amend
Directive 2003/35/EC of the
European Parliament and of the
Council26 with a view to ensuring
consistency of this Directive with
the 1998 Aarhus Convention on
Access to Information, Public
Participation in Decision-Making
and Access to Justice in
Environmental Matters.
______________
26
Directive 2003/35/EC of the
European Parliament and of the
Council of 26 May 2003 providing
for public participation in respect of
the drawing up of certain plans and
programmes relating to the
environment and amending with
regard to public participation and
access to justice Council Directives
85/337/EEC and 96/61/EC (OJ
L156, 25.6.2003, p. 17).
15532/15
ANNEX
EP amendments
Council general approach
Amendment 123
Recital 20
(20) It is necessary to amend
Directive 2003/35/EC of the
European Parliament and of the
Council26 with a view to ensuring
consistency of this Directive and
Directive 2008/50/EC with the
1998 Aarhus Convention on Access
to Information, Public Participation
in Decision-Making and Access to
Justice in Environmental Matters.
______________
26
Directive 2003/35/EC of the
European Parliament and of the
Council of 26 May 2003 providing
for public participation in respect of
the drawing up of certain plans and
programmes relating to the
environment and amending with
regard to public participation and
access to justice Council Directives
85/337/EEC and 96/61/EC (OJ
L156, 25.6.2003, p. 17).
Comments
CM/mb/mv
DGE 1A
LIMITE
21
EN
Commission proposal
Council general approach
Amendment 19
Recital 21
(21) In order to take into account
(21) In order to take into account
(21) In order to take into account
technical developments, the power
technical developments, the power
technical and international
to adopt acts in accordance with
to adopt acts in accordance with
developments, the power to adopt
Article 290 of the Treaty on the
Article 290 of the Treaty on the
acts in accordance with Article 290
Functioning of the European Union Functioning of the European Union of the Treaty on the Functioning of
should be delegated to the
should be delegated to the
the European Union should be
Commission in respect of amending Commission for a determinate
delegated to the Commission in
the reporting guidelines set out in
period in respect of amending the
respect of amending […] Annex I,
Annex I, as well as Part 1 of Annex reporting guidelines set out in
as well as Part […]2 of Annex III
III and Annexes IV and V to adapt
Annex I, as well as Part 1 of Annex and Annex IV to adapt them to
them to technical progress. It is of
III and Annexes IV and V to adapt
developments within the framework
particular importance that the
them to technical progress. It is of
of the LRTAP Convention and
Commission carry out appropriate
particular importance that the
amending Annex V to adapt […] it
consultations during its preparatory Commission carry out appropriate
to technical progress and to
work, including at expert level. The consultations during its preparatory developments within the framework
Commission, when preparing and
work, including at expert level. The of the LRTAP Convention. It is of
drawing up delegated acts, should
Commission, when preparing and
particular importance that the
ensure a simultaneous, timely and
drawing up delegated acts, should
Commission carry out appropriate
appropriate transmission of relevant ensure a simultaneous, timely and
consultations during its preparatory
documents to the European
appropriate transmission of relevant work, including at expert level. The
Parliament and to the Council.
documents to the European
Commission, when preparing and
Parliament and to the Council.
drawing up delegated acts, should
ensure a simultaneous, timely and
appropriate transmission of relevant
documents to the European
Parliament and to the Council.
15532/15
ANNEX
EP amendments
Comments
CM/mb/mv
DGE 1A
LIMITE
22
EN
Commission proposal
In order to ensure uniform
conditions for the implementation
of this Directive, implementing
powers should be conferred on the
Commission. Those powers should
be exercised in accordance with
Regulation (EU) No 182/2011 of
the European Parliament and of the
Council.27
______________
27
Regulation (EU) No 182/2011 of
the European Parliament and of the
Council of 16 February 2011 laying
down the rules and general
principles concerning mechanisms
for control by the Member States of
the Commission’s exercise of
implementing powers (OJ L 55,
28.2.2011, p. 13)
15532/15
ANNEX
EP amendments
Council general approach
Comments
Recital 22
(22) In order to ensure uniform
conditions for the implementation
of Articles 5, 6 and 9(4) of this
Directive, implementing powers
should be conferred on the
Commission. Those powers should
be exercised in accordance with
Regulation (EU) No 182/2011 of
the European Parliament and of the
Council 27.
______________
27
Regulation (EU) No 182/2011 of
the European Parliament and of the
Council of 16 February 2011 laying
down the rules and general
principles concerning mechanisms
for control by the Member States of
the Commission’s exercise of
implementing powers (OJ L 55,
28.2.2011, p. 13).
Amendment 21
Recital 26 a (new)
(26a) The candidate and potential
candidate countries should align,
as far as possible, their national
laws with this Directive.
CM/mb/mv
DGE 1A
LIMITE
23
EN
Commission proposal
HAVE ADOPTED THIS DIRECTIVE:
EP amendments
Council general approach
Comments
Article 1
Article 1
Subject matter
Article 1
Objectives and subject matter
This Directive establishes the limits
for the Member States' atmospheric
emissions of acidifying and
eutrophying pollutants, ozone
precursors, primary particulate
matter and precursors of secondary
particulate matter and other air
pollutants and requires that national
air pollution control programmes be
drawn up, adopted and
implemented and pollutant
emissions and their impacts be
monitored and reported.
In order to […] move towards
achieving levels of air quality that
do not give rise to significant
negative impacts on and risks to
human health and the environment,
this Directive establishes the […]
emission reduction commitments
for the Member States'
anthropogenic atmospheric
emissions of sulphur dioxide (SO2),
nitrogen oxides (NOx), volatile
organic compounds other than
methane (NMVOC), ammonia
(NH3) and fine particulate matter
(PM2,5) […] and requires that
national air pollution control
programmes be drawn up, adopted
and implemented and […] that
emissions for these and other
pollutants and their impacts be
monitored and reported.
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
24
EN
Commission proposal
EP amendments
Council general approach
Amendment 22
Article 1 – paragraph 1 a (new)
This Directive aims at limiting
atmospheric emissions of
acidifying and eutrophying
pollutants, ozone precursors,
primary particulate matter and
precursors of secondary
particulate matter and other air
pollutants, thereby contributing to:
Comments
(a) the Union's long-term objective
of achieving levels of air quality
that do not give rise to significant
negative impacts on and risks to
human health and the
environment, in line with the air
quality guidelines published by the
World Health Organisation;
(b) the achievement of Union
biodiversity and ecosystem
objectives by reducing the levels
and deposition of acidifying and
eutrophying pollutants, and other
pollutants, including ground-level
ozone, below critical loads and
levels;
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
25
EN
Commission proposal
EP amendments
(c) the achievement of the air
quality objectives set out in
legislative acts of the Union;
Council general approach
Comments
(d) the mitigation of climate
change impacts by reducing
emissions of short-lived climate
pollutants and by improving
synergies with Union climate and
energy policy.
This Directive shall apply to
emissions of the pollutants referred
to in Annex I from all sources
occurring in the territory of the
Member States, their exclusive
economic zones and pollution
control zones.
This Directive shall in particular,
be aligned with evolving Union
and international climate change
action, including, but not limited
to, the 2030 policy framework for
climate and energy and a
comprehensive, binding global
climate change agreement.
Article 2
Scope
1. This Directive shall apply to
emissions of the pollutants referred
to in Annex I from all sources
occurring in the territory of the
Member States, their exclusive
economic zones and pollution
control zones.
2. It does not cover emissions in
the Canary Islands, the French
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
26
EN
Commission proposal
2. "ozone precursors" mean
nitrogen oxides, non-methane
volatile organic compounds,
methane, and carbon monoxide;
15532/15
ANNEX
EP amendments
Council general approach
overseas departments, Madeira, and
the Azores.
Article 3
Definitions
Comments
Article 3 point 1 a (new)
1a. "anthropogenic emissions"
means atmospheric emissions of
pollutants associated with human
activities;
Amendment 131
Article 3 - point 2
2. ‘ozone precursors’ mean nitrogen
oxides, non-methane volatile
organic compounds and carbon
monoxide;
Amendment 23
Article 3 – point 3 a (new)
3a "sulphur dioxide" (SO2) means
3a. "critical load" means a
all sulphur compounds expressed as
quantitative estimate of an
exposure to one or more pollutants sulphur dioxide (SO2), including
below which, according to present sulphur trioxide (SO3), sulphuric
acid (H2SO4), and reduced sulphur
knowledge, significant adverse
compounds such as hydrogen
effects on specified sensitive
sulphide (H2S), mercaptans and
elements of the environment do
dimethyl sulphides;
not occur;
CM/mb/mv
DGE 1A
LIMITE
27
EN
Commission proposal
15532/15
ANNEX
EP amendments
Council general approach
Amendment 24
Article 3 – point 3 b (new)
3b. "critical level" means the
concentration of pollutants in the
atmosphere or fluxes to receptors
above which, according to present
knowledge, direct adverse effects
on receptors, such as human
beings, plants, ecosystems or
materials, may occur;
Amendment 25
Article 3 – point 4 a (new)
4a. "ground-level ozone" means
ozone in the lowermost part of the
troposphere;
Amendment 26
Article 3 – point 4 b (new)
4b. "volatile organic compounds"
(VOC) mean all organic
compounds arising from human
activities, other than methane,
which are capable of producing
photochemical oxidants by
reactions with nitrogen oxides in
the presence of sunlight;
Comments
CM/mb/mv
DGE 1A
LIMITE
28
EN
Commission proposal
5. "non-methane volatile organic
compounds" (NMVOC) means all
organic compounds of an
anthropogenic nature, other than
methane, that are capable of
producing photochemical oxidants
by reaction with nitrogen oxides in
the presence of sunlight;
6. "PM2,5" means particulate matter
which passes through a sizeselective inlet as defined in the
reference method for the sampling
and measurement of PM2,5, EN
14907, with a 50 % efficiency cutoff at 2,5 μm aerodynamic
diameter;
EP amendments
Council general approach
Comments
Article 3 - point 5
5. "non-methane volatile organic
compounds" (NMVOC) means all
organic compounds […] other than
methane, that are capable of
producing photochemical oxidants
by reaction with nitrogen oxides in
the presence of sunlight;
Article 3 - point 6
6. "fine particulate matter (PM2,5)"
means […] particles with an
aerodynamic diameter equal to or
less than 2,5 micrometers (μm);
Amendment 28
Article 3 – point 6 a (new)
6a. "national emission ceiling"
means the maximum amount of a
substance expressed in kilotonnes,
which may be emitted in a Member
State in a calendar year;
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
29
EN
Commission proposal
9. ‘international maritime traffic'
means journeys at sea and in
coastal waters by water-borne
vessels of all flags, save fishing
vessels, that depart from the
territory of one country and arrive
in the territory of another country;
10. "emission control area" means a
special sea area established in
accordance with Annex VI of the
International Convention for the
Prevention of Pollution from Ships
(MARPOL);
15532/15
ANNEX
EP amendments
deleted
Council general approach
Amendment 29
Article 3 – point 9
9. "international maritime traffic"
means journeys at sea and in coastal
waters by water-borne vessels of all
flags, save fishing vessels, that
depart from the territory of one
country and arrive in the territory of
another country;
Comments
Article 3 - point 10
10. […]
CM/mb/mv
DGE 1A
LIMITE
30
EN
Commission proposal
15532/15
ANNEX
EP amendments
Council general approach
Amendment 30
Article 3 – point 12 a (new)
12a. "EU source-based air
pollution policies" means
Regulations or Directives which,
irrespective of the obligations laid
down in those Regulations or
Directives, have as a goal, whether
partially or not, to reduce the
emissions of sulphur dioxide
(SO2), nitrogen oxides (NOx), nonmethane volatile organic
compounds (NMVOC), ammonia
(NH3), particulate matter (PM2,5)
and methane (CH4), by
undertaking mitigation measures
at the source, including at least,
but not exclusively, the reductions
of emissions accomplished by:
Comments
CM/mb/mv
DGE 1A
LIMITE
31
EN
Commission proposal
15532/15
ANNEX
EP amendments
- Directive 94/63/EC1a,
- Directive 97/68/EC1b,
- Directive 98/70/EC1c;
- Directive 1999/32/EC1d,
- Directive 2009/126/EC1e,
- Directive 2004/42/EC1f,
- Directive 2007/46/EC1g,
including Regulation (EC) No
715/20071h,
Regulation (EC) No 79/20091i,
Regulation (EC) No 595/2009 1j
and Regulation (EC) No
661/20091k,
- Directive 2010/75/EU1l,
- Regulation (EU) No 167/20131m,
- Regulation (EU) No 168/20131n,
- Directive 2014/94/EU1o.
_______________________
1a European Parliament and
Council Directive 94/63/EC of 20
December 1994 on the control of
volatile organic compound (VOC)
emissions resulting from the
storage of petrol and its
distribution from terminals to
service stations (OJ L 365,
31.12.1994, p. 24).
1b Directive 97/68/EC of the
European Parliament and of the
Council of 16 December 1997 on
the approximation of the laws of
Council general approach
Comments
CM/mb/mv
DGE 1A
LIMITE
32
EN
Commission proposal
15532/15
ANNEX
EP amendments
the Member States relating to
measures against the emission of
gaseous and particulate pollutants
from internal combustion engines
to be installed in non-road mobile
machinery (OJ L 59, 27.2.1998,
p. 1).
1c Directive 98/70/EC of the
European Parliament and of the
Council of 13 October 1998
relating to the quality of petrol and
diesel fuels and amending Council
Directive 93/12/EEC (OJ L 350,
28.12.1998, p. 58).
1d Council Directive 1999/32/EC of
26 April 1999 relating to a
reduction in the sulphur content of
certain liquid fuels and amending
Directive 93/12/EEC (OJ L 121,
11.5.1999, p. 13).
1e Directive 2009/126/EC of the
European Parliament and of the
Council of 21 October 2009 on
Stage II petrol vapour recovery
during refuelling of motor vehicles
at service stations (OJ L 285,
31.10.2009, p. 36).
1f Directive 2004/42/CE of the
European Parliament and of the
Council of 21 April 2004 on the
limitation of emissions of volatile
Council general approach
Comments
CM/mb/mv
DGE 1A
LIMITE
33
EN
Commission proposal
15532/15
ANNEX
EP amendments
organic compounds due to the use
of organic solvents in certain
paints and varnishes and vehicle
refinishing products and
amending Directive 1999/13/EC
(OJ L 143, 30.4.2004, p. 87).
1g Directive 2007/46/EC of the
European Parliament and of the
Council of 5 September 2007
establishing a framework for the
approval of motor vehicles and
their trailers, and of systems,
components and separate technical
units intended for such vehicles
(Framework Directive) (OJ L 263,
9.10.2007, p. 1).
1h Regulation (EC) No 715/2007 of
the European Parliament and of
the Council of 20 June 2007 on
type approval of motor vehicles
with respect to emissions from
light passenger and commercial
vehicles (Euro 5 and Euro 6) and
on access to vehicle repair and
maintenance information (OJ L
171, 29.6.2007, p. 1).
1i Regulation (EC) No 79/2009 of
the European Parliament and of
the Council of 14 January 2009 on
type-approval of hydrogenpowered motor vehicles, and
Council general approach
Comments
CM/mb/mv
DGE 1A
LIMITE
34
EN
Commission proposal
15532/15
ANNEX
EP amendments
amending Directive 2007/46/EC
(OJ L 35, 4.2.2009, p. 32).
1j Regulation (EC) No 595/2009 of
the European Parliament and of
the Council of 18 June 2009 on
type-approval of motor vehicles
and engines with respect to
emissions from heavy duty vehicles
(Euro VI) and on access to vehicle
repair and maintenance
information and amending
Regulation (EC) No 715/2007 and
Directive 2007/46/EC and
repealing Directives 80/1269/EEC,
2005/55/EC and 2005/78/EC (OJ L
188, 18.7.2009, p. 1).
1k Regulation (EC) No 661/2009 of
the European Parliament and of
the Council of 13 July 2009
concerning type-approval
requirements for the general safety
of motor vehicles, their trailers and
systems, components and separate
technical units intended therefor
(OJ L 200, 31.7.2009, p. 1).
1l Directive 2010/75/EU of the
European Parliament and of the
Council of 24 November 2010 on
industrial emissions (integrated
pollution prevention and control)
(OJ L 334, 17.12.2010, p. 17).
Council general approach
Comments
CM/mb/mv
DGE 1A
LIMITE
35
EN
Commission proposal
EP amendments
Regulation (EU) No 167/2013
of the European Parliament and of
the Council of 5 February 2013 on
the approval and market
surveillance of agricultural and
forestry vehicles (OJ L 60,
2.3.2013, p. 1).
1n Regulation (EU) No 168/2013 of
the European Parliament and of
the Council of 15 January 2013 on
the approval and market
surveillance of two- or three-wheel
vehicles and quadricycles (OJ L
60, 2.3.2013, p. 52).
1o Directive 2014/94/EU of the
European Parliament and of the
Council of 22 October 2014 on the
deployment of alternative fuels
infrastructure (OJ L 307,
28.10.2014, p. 1).
Council general approach
Comments
1m
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
36
EN
Commission proposal
15532/15
ANNEX
EP amendments
Council general approach
Amendment 31
Article 3 – point 12 b (new)
12b. "the public concerned"
means the public affected or likely
to be affected by, or having an
interest in emissions of air
pollution into the atmosphere; for
the purposes of this definition,
non-governmental organisations
promoting environmental
protection, consumer
organisations, organisations
representing the interests of
vulnerable populations and other
relevant health-care bodies
meeting requirements under
national law shall be deemed to
have an interest.
Comments
CM/mb/mv
DGE 1A
LIMITE
37
EN
Commission proposal
1. Member States shall, as a
minimum, limit their annual
anthropogenic emissions of sulphur
dioxide (SO2), nitrogen oxides
(NOx), volatile organic compounds
other than methane (NMVOC),
ammonia (NH3), particulate matter
(PM2,5) and methane (CH4) in
accordance with the national
emission reduction commitments
applicable from 2020 and 2030, as
laid down in Annex II.
15532/15
ANNEX
EP amendments
Council general approach
Article 4
National emission reduction commitments
Amendment 32
Article 4 – paragraph 1
1. Member States shall, as a
1. Member States shall, as a
minimum, limit their annual
minimum, limit their annual
anthropogenic emissions of sulphur anthropogenic emissions of sulphur
dioxide (SO2), nitrogen oxides
dioxide (SO2), nitrogen oxides
(NOx), non-methane volatile
(NOx), volatile organic compounds
organic compounds (NMVOC),
other than methane (NMVOC),
ammonia (NH3), particulate matter ammonia (NH3) and particulate
(PM2,5), in accordance with the
matter (PM2,5) […] in accordance
national emission reduction
with the national emission
commitments applicable from 2020, reduction commitments applicable
2025 and 2030, as laid down in
from 2020 to 2029 and from 2030
Annex II.
onwards, as laid down in Annex II.
Amendment 33
Article 4 – paragraph 1 a (new)
1a. Member States shall, as a
minimum, limit their annual
anthropogenic emissions of
methane (CH4) except emissions
of enteric methane produced by
ruminant livestock in accordance
with the national emission
reduction commitments applicable
from 2030, as laid down in
Annex II.
Comments
CM/mb/mv
DGE 1A
LIMITE
38
EN
Commission proposal
Without prejudice to paragraph 1,
Member States shall take all the
necessary measures not entailing
disproportionate costs to limit their
2025 anthropogenic emissions of
SO2, NOx, NMVOC, NH3, PM2,5
and CH4. The levels of those
emissions shall be determined on
the basis of fuels sold, by a linear
reduction trajectory established
between their emission levels for
2020 and the emission levels
defined by the emission reduction
commitments for 2030.
15532/15
ANNEX
EP amendments
Council general approach
Amendment 34
Article 4 – paragraph 2 – subparagraph 1
Member States shall provide, in
Without prejudice to paragraph 1,
Member States shall endeavour […]
their reports submitted to the
to limit their 2025 anthropogenic
Commission in accordance with
Article 9, updates on their progress emissions of SO2, NOx, NMVOC,
NH3 and PM2,5 […]. The indicative
towards achieving their national
emission reduction commitments.
levels of those emissions shall be
determined […] by a linear
reduction trajectory established
between their emission levels
defined by the emission reduction
commitments for 2020 and the
emission levels defined by the
emission reduction commitments
for 2030.
Comments
CM/mb/mv
DGE 1A
LIMITE
39
EN
Commission proposal
EP amendments
Council general approach
Comments
Article 4 – paragraph 2 – subparagraph 2
Member States may follow a nonlinear reduction trajectory if this is
economically or technically more
efficient, and shall set out the
trajectory and the reasons for
following it in the national air
pollution control programmes to be
submitted to the Commission in
accordance with Article 9 (1).
Where the emissions for 2025
cannot be limited in accordance
with the determined trajectory, the
Member States shall explain the
reasons in their reports submitted to
the Commission in accordance with
Article 9.
3. The following emissions are not
accounted for the purpose of
complying with paragraphs 1 and
2:
15532/15
ANNEX
Where the emissions for 2025 […]
could not be limited in accordance
with the determined trajectory, the
Member States shall explain the
reasons for that in […] the
subsequent informative inventory
reports submitted to the
Commission in accordance with
Article 9.
Amendment 35
Article 4 – paragraph 3 – introductory part
3. The following emissions are not
taken into account for the purpose
of complying with paragraph 1:
CM/mb/mv
DGE 1A
LIMITE
40
EN
Commission proposal
(b) emissions in the Canary Islands,
the French overseas departments,
Madeira, and the Azores;
(c) emissions from national
maritime traffic to and from the
territories referred to in point (b);
(d) emissions from international
maritime traffic, without prejudice
to Article 5(1).
EP amendments
Council general approach
Comments
Article 4 – paragraph 3 – points b and c
(b) […]
(c) emissions from national
maritime traffic to and from the
territories referred to in […]
Article 2(2);
Amendment 36
Article 4 – paragraph 3 – point d
(d) emissions from international
(d) emissions from international
maritime traffic.
maritime traffic […];
Article 4 – paragraph 3 – point d (new)
(da) NOx and NMVOC emissions
from activities falling under the
Nomenclature for Reporting as
provided by the LRTAP
Convention (NFR) (2014)
categories 3B (manure
management) and 3D (agricultural
soils).
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
41
EN
Commission proposal
1. In order to comply with the
deleted
intermediate emission levels
determined for 2025 in accordance
with Article 4, paragraph 2, and
the national emission reduction
commitments set out in Annex II
applicable from 2030 onwards for
NOx, SO2 and PM2,5, Member
States may offset NOx, SO2 and
PM2,5 emission reductions
achieved by international maritime
traffic against NOx, SO2 and PM2,5
emissions released by other
sources in the same year, provided
that they meet the following
conditions:
15532/15
ANNEX
EP amendments
Council general approach
Article 5
Flexibilities
Amendment 37
Article 5 – paragraph 1
1. […] Member States may
establish, in accordance with Annex
IV part 4, adjusted annual national
emission inventories for SO2, NOx,
NH3, NMVOC and PM2,5 where
non-compliance with their national
emission reduction commitments
would result from applying
improved emission inventory
methods updated in accordance
with scientific knowledge.
Comments
For the purpose of determining
whether the relevant requirements
set out in Annex IV part 4 are
fulfilled, the emission reduction
commitments for the years 2020 to
2029 shall be considered as having
been set on 4 May 2012.
CM/mb/mv
DGE 1A
LIMITE
42
EN
Commission proposal
(a) the emission reductions occur
in the sea areas that fall within the
Member States' territorial seas,
exclusive economic zones or in
pollution control zones if such
zones have been established;
EP amendments
Council general approach
Comments
(b) they have adopted and
implemented effective monitoring
and inspection measures to ensure
a proper operation of this
flexibility;
(c) they have implemented
measures to achieve lower NOx,
SO2 and PM2,5 emissions from
international maritime traffic than
the emissions levels that would be
achieved by compliance with the
Union standards applicable to
emissions of NOx, SO2 and PM2,5
and have demonstrated an
adequate quantification of the
additional emission reductions
resulting from these measures;
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
43
EN
Commission proposal
(d) they have not offset more than
20% of the NOx, SO2 and PM2,5
emission reductions calculated in
accordance with point (c),
provided that the offset does not
result in non-compliance with the
national emission reduction
commitments for 2020 set out in
Annex II.
EP amendments
Council general approach
Comments
Article 5 – paragraph 1 a (new)
(1a) If in a given year a Member
State finds that, due to a
particularly cold winter, a
particularly dry summer, or
unforeseen variations in economic
activities, it cannot comply with its
emission reduction commitments, it
may fulfil those commitments by
averaging its national annual
emissions for the year in question,
the year preceding that year and the
year following it, provided that this
average does not exceed the
Member State's commitment.
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
44
EN
Commission proposal
2. Member States may jointly
implement their methane emission
reduction commitments and
intermediate emission levels
referred to in Annex II, provided
that they meet the following
conditions:
15532/15
ANNEX
EP amendments
Council general approach
Comments
Article 5 – paragraph 1 b (new)
(1b) If in a given year a Member
State, for which one or more
reduction commitments in Annex II
are set at a more stringent level than
the cost-effective reduction
identified in TSAP 16, finds that it
cannot comply with the relevant
emission reduction commitment
after having implemented all costeffective measures, it shall be
deemed to comply with the relevant
commitment for no more than five
years, provided that in the interim it
compensates the non-compliance
by an equivalent emission reduction
of another pollutant in Annex II.
Amendment 38
Article 5 – paragraph 2 – introductory part
2. Member States may jointly
2. […]
implement their methane emission
reduction commitments referred to
in Annex II, provided that they
meet the following conditions:
CM/mb/mv
DGE 1A
LIMITE
45
EN
Commission proposal
EP amendments
Council general approach
Comments
Article 5 – paragraph 2 a (new)
A Member State shall be deemed to
comply with its obligations under
Article 4 for a maximum of three
years, where non compliance with
its emission reduction commitments
for the relevant pollutants results
from a sudden and exceptional
interruption or loss of capacity in
the power and/or heat supply or
production system, which could not
reasonably have been foreseen, and
provided that the following
conditions are met:
(a) it has been demonstrated that all
reasonable efforts, including the
introduction of new measures and
policies, have been made to ensure
compliance, and will continue to be
made to keep the period of noncompliance as short as possible, and
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
46
EN
Commission proposal
Council general approach
(b) it has been demonstrated that
the introduction of measures and
policies additional to those referred
to in point (a) would lead to
disproportionate costs, substantially
jeopardise national energy security
or pose a substantial risk of energy
poverty to a significant part of the
population.
Amendment 39
Article 5 – paragraph 3
3. Member States may establish
3. Member States may establish
3. […]
adjusted annual national emission
adjusted annual national emission
inventories for SO2, NOx, NH3,
inventories for SO2, NOx, NH3,
NMVOC and PM2,5 in accordance
NMVOC and PM2,5 in accordance
with Annex IV where nonwith Annex IV where noncompliance with their national
compliance with their national
emission reduction commitments or emission reduction commitments
would result from applying
their intermediate emission levels
would result from applying
improved emission inventory
improved emission inventory
methods updated in accordance
methods updated in accordance
with scientific knowledge.
with scientific knowledge.
Amendment 40
Article 5 – paragraph 4
4. Members States that intend to
4. Members States that intend to
4. Members States that intend to
apply paragraphs 1, 2 and 3 shall
apply the flexibilities under this
apply paragraphs 1, 1a, 1b and 2a
inform the Commission by 30
Directive shall inform the
[…] shall inform the Commission
September of the year preceding
Commission by 31 December of
thereof by 15 February of the […]
the reporting year concerned. That
the year preceding the reporting
reporting year concerned. That
information shall include the
year concerned. That information
information shall include the
15532/15
ANNEX
EP amendments
Comments
CM/mb/mv
DGE 1A
LIMITE
47
EN
Commission proposal
pollutants and sectors concerned
and, where available, the magnitude
of the impacts upon national
emission inventories.
EP amendments
Council general approach
shall include the pollutants and
pollutants and sectors concerned
sectors concerned and, where
and, where available, the magnitude
available, the magnitude of the
of the impacts upon national
impacts upon national emission
emission inventories.
inventories.
Amendment 41
Article 5 – paragraph 5 – subparagraph 1
The Commission, assisted by the
The Commission, assisted by the
The Commission, assisted by the
European Environment Agency,
European Environment Agency,
European Environment Agency,
shall review and assess whether the shall review and assess whether the shall review and assess whether the
use of any of the flexibilities for a
use of a flexibility or adjustment
use of any of the flexibilities for a
particular year fulfils the relevant
for a particular year fulfils the
particular year fulfils the relevant
requirements and criteria.
relevant requirements and criteria.
requirements […] set out in Annex
IV part 4, or in paragraphs 1a, 1b or
2a of this Article, where applicable.
Amendment 42
Article 5 – paragraph 5 – subparagraph 2
Where the Commission has raised
Where the Commission has raised
[…] Where the Commission
no objections within nine months
no objections within six months
considers the use of a flexibility not
from the date of receipt of the
from the date of receipt of the
to be in accordance with the […]
relevant report referred to in
relevant report referred to in
relevant requirements […], it shall
Article 7, paragraphs 4, 5 and 6, the Article 7, paragraphs 5 and 6, the
adopt a Decision within nine
Member State concerned shall
Member State concerned shall
months from the date of receipt of
consider the use of the flexibility
consider the use of the flexibility
the relevant report referred to in
applied to be accepted and valid for applied to be accepted and valid for Article 7, paragraph 6, […],
that year. Where the Commission
that year. Where the Commission
informing the Member State that
considers the use of a flexibility not considers the use of a flexibility not […] the use of that flexibility
to be in accordance with the
to be in accordance with the
cannot be accepted and stating
applicable requirements and
applicable requirements and
[…]the reasons for that refusal.
criteria, it shall adopt a Decision
criteria, it shall, within nine
Where the Commission has raised
and inform the Member State that it months from the date of receipt of no objections within nine months
15532/15
ANNEX
Comments
CM/mb/mv
DGE 1A
LIMITE
48
EN
Commission proposal
cannot be accepted.
6. The Commission may adopt
implementing acts specifying the
detailed rules for the use of the
flexibilities as referred to in
paragraphs 1, 2 and 3, in
accordance with the examination
procedure referred to in Article 14.
1. Member States shall draw up and
adopt a national air pollution
control programme in accordance
15532/15
ANNEX
EP amendments
the relevant report, adopt a
Decision and inform the Member
State that it cannot be accepted.
The decision shall be accompanied
by a justification.
Council general approach
from the date of receipt of the
relevant report referred to in Article
7, paragraph […] 6, the Member
State concerned shall consider the
use of the flexibility applied to be
accepted and valid for that year.
Amendment 43
Article 5 – paragraph 6
6. The Commission may adopt
6. The Commission may adopt
implementing acts specifying the
implementing acts specifying the
detailed rules for the use of a
detailed rules for the use of the
flexibility as referred to in
flexibilities […] referred to in
paragraphs 2 and 3, in accordance paragraphs 1, 1a,1b and 2a of this
with the examination procedure
Article […], in accordance with the
referred to in Article 14.
examination procedure referred to
in Article 14.
Comments
Article 5 – paragraph 6 a (new)
6a. The Commission, when
exercising its powers under
paragraphs 5 and 6, shall take into
account the relevant guidance
documents developed under the
LRTAP Convention.
Article 6
National air pollution control programmes
Amendment 44
Article 6 – paragraph 1
1. Member States shall draw up and 1. Member States shall draw up and
adopt a national air pollution
adopt a national air pollution
control programme in accordance
control programme in accordance
CM/mb/mv
DGE 1A
LIMITE
49
EN
Commission proposal
with Part 2 of Annex III in order to
limit their annual anthropogenic
emissions in accordance with
Article 4.
EP amendments
with Part 2 of Annex III in order to
limit their annual emissions in
accordance with Article 4, and to
achieve the objectives of this
Directive pursuant to Article 1.
Council general approach
with Part 1 […] of Annex III in
order to limit their annual
anthropogenic emissions in
accordance with Article 4.
Comments
Article 6 – paragraph 2 – subparagraph 1 – point a
(a) assess to what extent national
(a) assess to what extent national
emission sources are likely to
emission sources are likely to
impact air quality in their territories
impact air quality in their territories
and neighbouring Member States
and neighbouring Member States
using data and methodologies
using, where appropriate, data and
developed by the European
methodologies developed by the
Monitoring and Evaluation
European Monitoring and
Programme (EMEP), where
Evaluation Programme (EMEP)
appropriate;
[…];
Amendment 45
Article 6 – paragraph 2 – subparagraph 1 – point a a (new)
(aa) consider the cost-effectiveness
of emission reduction measures
and take into account emission
reductions that have been achieved
or, if the Member State prioritises
its emission reduction measures,
can be achieved by applying
existing Union legislation;
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
50
EN
Commission proposal
(b) take account of the need to
reduce air pollutant emissions for
the purpose of reaching compliance
with air quality objectives in their
territories and, where appropriate in
neighbouring Member States;
15532/15
ANNEX
EP amendments
Council general approach
Amendment 46
Article 6 – paragraph 2 – subparagraph 1 - point a b (new)
(ab) prioritise specific policy
measures which aim at reducing
risks to the health of vulnerable
groups of people and to ensure
compliance with the exposure
reduction target established in
accordance with Section B of
Annex XIV to Directive
2008/50/EC;
Amendment 47
Article 6 – paragraph 2 – subparagraph 1 – point b
(b) reduce air pollutant emissions
(b) take account of the need to
for the purpose of reaching
reduce air pollutant emissions for
compliance with air quality
the purpose of reaching compliance
objectives in their territories, in
with air quality objectives in their
territories and, where appropriate,
particular the limit values under
Directive 2008/50/EC, and, where
in neighbouring Member States;
appropriate in neighbouring
Member States;
Amendment 48
Article 6 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) quantify the additional
emission reductions needed in
order to meet by 2030 ambient air
quality levels equal to or below the
levels as recommended by the
World Health Organisation;
Comments
CM/mb/mv
DGE 1A
LIMITE
51
EN
Commission proposal
15532/15
ANNEX
EP amendments
Council general approach
Amendment 49
Article 6 – paragraph 2 – subparagraph 1 – points b b (new)
(bb) quantify the additional
emission reductions needed in
order to reach the critical loads
and levels for the protection of the
environment by 2030;
Amendment 50
Article 6 – paragraph 2 – subparagraph 1 – points b c (new)
(bc) identify relevant measures to
meet the objectives referred to in
(ba) and (bb);
Amendment 51
Article 6 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) support the shift of
investments towards clean and
efficient technologies
and sustainable production with
the help of fiscal incentives;
Amendment 52
Article 6 – paragraph 2 – subparagraph 1 – point c b (new)
(cb) assess the extent to which
different national geographic
regions have distinct needs and
difficulties in tackling air
pollution;
Comments
CM/mb/mv
DGE 1A
LIMITE
52
EN
Commission proposal
(d) ensure coherence with other
relevant plans and programmes
established by virtue of
requirements set in national or
Union legislation.
Member States shall, to the extent
necessary, include the emission
reduction measures laid down in
Part 1 of Annex III or measures
having equivalent environmental
effect, with a view to meeting the
relevant national emission
reduction commitments.
15532/15
ANNEX
EP amendments
Council general approach
Comments
Article 6 – paragraph 2 – subparagraph 1 – point d
(d) ensure coherence with other
relevant plans and programmes
established by virtue of
requirements set out in national or
Union legislation.
Amendment 53
Article 6 – paragraph 2 – subparagraph 1 – point d a (new)
(da) ensure that the relevant
competent authorities monitor the
effectiveness of measures brought
into force by Member States in
order to comply with this Directive
and, if necessary, are empowered
to take action.
Article 6 - paragraph 2 - subparagraph 2
With a view to meeting the relevant
national emission reduction
commitments Member States shall
[…] include the emission reduction
measures laid down as obligatory in
Part 2 […] of Annex III and may
include the emission reduction
measures laid down as optional in
Part 2 of Annex III or measures
having equivalent […] mitigation
effect.
CM/mb/mv
DGE 1A
LIMITE
53
EN
Commission proposal
EP amendments
Council general approach
Amendment 124
Article 6 – paragraph 2 a (new)
2a. The Commission shall ensure
that all EU source-based air
pollution policies are fit for
purpose and contribute towards
reaching the EU's air quality
objectives.
Comments
To that end, the Commission and
the Member States shall
immediately agree on the new Real
Driving Emissions (RDE)
regulation proposal currently
under consideration.
The new type approval test method
shall apply no later than 2017 and
ensure that pollutants such as
NOx, and particulate matter
(PM2.5 and PM10) are effectively
limited under conformity factors
necessary to represent real driving
conditions. The new tests shall be
independent and transparent.
These conformity factors shall be
strict and quantified to only
represent the uncertainty of the
RDE test procedure.
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
54
EN
Commission proposal
3. The national air pollution control
programme shall be updated every
two years.
15532/15
ANNEX
EP amendments
Council general approach
Amendment 55
Article 6 – paragraph 2 b (new)
2b. Member States shall establish a
system of routine and non-routine
environmental inspections and
market surveillance and public
reporting of mobile and stationary
sources to ensure that policies and
measures are effective in
delivering emission reductions
under real operating conditions.
By ... * the Commission shall
present a legislative proposal for a
Union-wide system of in-use
surveillance testing and public
reporting of emission standards for
light duty vehicles, administered by
the relevant competent authority,
in order to verify that vehicles and
engines are Euro 6 compliant
throughout their full useful life.
______________
*OJ: Please insert the date two
years from the date of
transposition of this Directive.
Comments
Article 6 – paragraph 3
3. Member States shall update the
national air pollution control
programme […] at least every four
[…] years.
CM/mb/mv
DGE 1A
LIMITE
55
EN
Commission proposal
4. Without prejudice to
paragraph 3, the emission reduction
policies and measures contained in
the national air pollution control
programme shall be updated within
12 months in either of the
following cases:
EP amendments
Council general approach
Amendment 56
Article 6 – paragraph 3 a (new)
3a. Member States may support the
gradual elimination of the sources
of low-level emissions by
encouraging the replacement, in
the transport and fuel supply
sector, of porous hoses by
emission-free hose technologies.
Comments
Article 6 – paragraph 4
4. Without prejudice to
paragraph 3, the emission reduction
policies and measures contained in
the national air pollution control
programme shall be updated within
24 […]months […] after the
submission of the latest national
emission inventory or emission
projections if according to
submitted data the obligations set
out in Article 4 are not complied
with or there is risk of noncompliance.
[…]
(a) the obligations set out in
Article 4 are not complied with or
there is risk of non-compliance;
(b) Member States decide to make
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
56
EN
Commission proposal
use of any of the flexibilities set out
in Article 5.
EP amendments
Council general approach
Comments
Amendment 57
Article 6 – paragraph 4 – point b
(b) Member States decide to make
(b) Member States decide to make
use of any of the flexibilities set out use of a flexibility set out in
in Article 5.
Article 5.
Amendment 58
Article 6 – paragraph 4 – subparagraph 1 a (new)
National air pollution control
programmes shall indicate
whether Member States intend to
make use of a flexibility set out in
Article 5.
Amendment 59
Article 6 – paragraph 5
5. Member States shall consult, in
5. Member States shall consult, in
5. Member States shall consult, in
accordance with relevant Union
accordance with relevant Union
accordance with […] Directive
legislation, the public and
legislation, competent authorities,
2003/35/EC 15, the public and
competent authorities, which, by
competent authorities, which, by
which, by reason of their specific
reason of their specific
reason of their specific
environmental responsibilities in
environmental responsibilities in
environmental responsibilities in
the field of air pollution, quality
the field of air pollution, quality
the field of air pollution, quality
and management at all levels, are
and management at all levels, are
and management at all levels, are
likely to be concerned by the
likely to be concerned by the
likely to be concerned by the
implementation of the national air
implementation of the national air
implementation of the national air
pollution control programmes, on
pollution control programmes, on
pollution control programmes, on
their draft national air pollution
their draft national air pollution
control programme and all updates their draft national air pollution
control programme and any
control programme and any
prior to their finalisation. These
significant updates prior to their
significant updates prior to their
consultations shall include the
finalisation.
finalisation. Where appropriate,
relevant local or regional
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
57
EN
Commission proposal
transboundary consultations shall
be ensured in accordance with
relevant Union legislation.
15532/15
ANNEX
EP amendments
authorities responsible for
implementing emission abatement
policies in specified zones and/or
agglomerations, and shall not
exclude zones and/or
agglomerations which are located
in at least two Member States.
Council general approach
5a. Where appropriate,
transboundary consultations shall
be conducted […].
______________
15
Directive 2003/35/EC of the
European Parliament and of the
Council of 26 May 2003 providing
for public participation in respect of
the drawing up of certain plans and
programmes relating to the
environment and amending with
regard to public participation and
access to justice Council Directives
85/337/EEC and 96/61/EC (OJ
L156, 25.6.2003, p.17).
Amendment 60
Article 6 – paragraph 5 – subparagraph 1 a (new)
Member States shall ensure, in
accordance with relevant Union
law, that members of the public
concerned are consulted at an
early stage in the drawing up and
review of draft national air
pollution control programmes and
in any updates of those
programmes prior to their
finalisation. Where appropriate,
transboundary consultations shall
be ensured in accordance with
relevant Union law, including
Article 25 of Directive 2008/50/EC.
Comments
CM/mb/mv
DGE 1A
LIMITE
58
EN
Commission proposal
15532/15
ANNEX
EP amendments
Council general approach
Amendment 61
Article 6 – paragraph 5 a (new)
5a. Member States shall appoint
their own independent expert body
to conduct a review of draft
national air pollution programmes
to assess the accuracy of the
information and the adequacy of
the policies and measures set out
in those programmes. The results
of that review shall be made
publicly available prior to the
publication of the draft national
air pollution control programme in
order to facilitate meaningful
public participation.
Amendment 62
Article 6 – paragraph 6 – subparagraph 1 a (new)
The Commission shall provide
guidance for emission reduction
measures not included in Part 1 of
Annex III, including domestic
heating and road transport, which
Member States may include in the
national air pollution control
programme.
Comments
CM/mb/mv
DGE 1A
LIMITE
59
EN
Commission proposal
EP amendments
Council general approach
Comments
Article 6 – paragraph 7
7. The Commission shall be
empowered to adopt delegated acts
in accordance with Article 13 in
order to adapt Part 2 […] of Annex
III to developments within the
framework of the LRTAP
Convention […].
Amendment 63
Article 6 – paragraph 8
8. The Commission may establish
8. The Commission shall establish
8. The Commission may establish
guidance on the elaboration and
guidance on the elaboration and
guidance on the elaboration and
implementation of national air
implementation of national air
implementation of national air
pollution control programmes.
pollution control programmes.
pollution control programmes.
Amendment 64
Article 6 – paragraph 9
9. The Commission may also
9. The Commission shall also
9. The Commission may also
specify the format and the
specify the format and the
specify by means of implementing
necessary information concerning
necessary information concerning
acts, the format […] of the national
Member States' national air
Member States' national air
air pollution control programmes
pollution control programmes in the pollution control programmes in the […]. Those implementing acts shall
form of implementing acts. These
form of implementing acts. These
be adopted in accordance with the
implementing acts shall be adopted implementing acts shall be adopted examination procedure referred to
in accordance with the examination in accordance with the examination in Article 14.
procedure referred to in Article 14. procedure referred to in Article 14.
7. The Commission shall be
empowered to adopt delegated acts
in accordance with Article 13 in
order to adapt Part 1 of Annex III to
technical progress.
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
60
EN
Commission proposal
1.
EP amendments
Council general approach
Amendment 65
Article 6 a (new)
Comments
Article 6a
Clean Air Fund
The Commission shall facilitate
access to financial support to help
ensure that appropriate measures
can be taken to comply with the
objectives of this Directive.
This shall include available
funding under, inter alia:
(a) agricultural funding, including
that available under the Common
Agricultural Policy 2014-2020, as
amended in the 2017 mid-term
review to include Air Quality as a
public good with particular
reference to ammonia or methane,
or both, so as to offer Member
States and relevant regional and
local authorities the opportunity to
contribute to emission reductions
with specific measures, and for
assistance to do so;
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
61
EN
Commission proposal
EP amendments
(b) future work programmes of the
Horizon 2020 - the Framework
Programme for Research and
Innovation;
Council general approach
Comments
(c) European Structural and
Investment Funds;
(d) Funding instruments for the
environment and climate action
such as LIFE;
(e) any combination of the above.
The Commission shall ensure that
funding procedures are simple,
transparent and accessible to
different levels of government.
The Commission shall evaluate the
possibility of creating a one-stop
shop, where entities can easily find
the availability of funds and the
procedures related to access
projects which address air
pollution concerns.
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
62
EN
Commission proposal
1. Member States shall prepare and
annually update national emission
inventories for the pollutants set
out in table A of Annex I, in
accordance with the requirements
set out therein.
EP amendments
Council general approach
Article 7
Emission inventories and projections
Article 7 – paragraphs 1 and 2
1. Member States shall prepare and
annually update national emission
inventories for the pollutants set out
in table A of Annex I, in
accordance with the requirements
set out therein.
Member States should prepare and
annually update national emission
inventories for the pollutants set out
in table B of Annex I, in accordance
with the requirements set out
therein.
Member States may […] prepare
and annually update national
emission inventories for the
pollutants set out in table B of
Annex I, in accordance with the
requirements set out therein.
2. Member States shall prepare and
update every two years spatially
disaggregated emission inventories,
large point source inventories and
emission projections for the
pollutants set out in table C of
Annex I, in accordance with the
requirements set out therein.
2. Member States shall prepare and
update every […] four years
spatially disaggregated emission
inventories, large point source
inventories and emission
projections for the pollutants set out
in table C of Annex I, in
accordance with the requirements
set out therein.
15532/15
ANNEX
Comments
CM/mb/mv
DGE 1A
LIMITE
63
EN
Commission proposal
4. Member States that apply the
flexibility under Article 5(1) shall
include the following information
in the informative inventory report
of the year concerned:
EP amendments
deleted
Council general approach
Amendment 67
Article 7 – paragraph 4
4. […]
Comments
(a) the quantity of emissions of
NOx, SO2 and PM2,5 that would
have occurred in the absence of an
emission control area;
(b) the level of emission reductions
attained in the Member State's
part of the emission control area in
accordance with Article 5(1)(c);
(c) the extent to which they apply
this flexibility;
(d) any additional data Member
States may deem appropriate to
allow the Commission, assisted by
the European Environment
Agency, to carry out a complete
assessment of the conditions under
which the flexibility has been
implemented.
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
64
EN
Commission proposal
5. Member States that opt for the
flexibility under Article 5(2) shall
provide a separate report allowing
the Commission to review and
assess whether the requirements of
that provision are met.
6. Member States that opt for the
flexibility under Article 5(3) shall
include the information set out in
Part 4 of Annex IV in the
informative inventory report of the
year concerned allowing the
Commission to review and assess
whether the requirements of that
provision are met.
15532/15
ANNEX
EP amendments
Council general approach
Comments
Article 7 – paragraph 5
5. […]
Article 7 – paragraph 6
6. Member States that opt for the
flexibility under Article 5(1[…])
shall include the information set out
in Part 4 of Annex IV in the
informative inventory report of the
year concerned allowing the
Commission to review and assess
whether the requirements of that
provision are met.
CM/mb/mv
DGE 1A
LIMITE
65
EN
Commission proposal
7. Member States shall establish the
emission inventories, including
adjusted emission inventories,
emission projections and the
informative inventory report in
accordance with Annex IV.
8. The Commission, assisted by the
European Environment Agency,
shall annually establish and update
Union-wide emission inventories,
projections, and an informative
inventory report for all the
pollutants referred to in Annex I, on
the basis of the information referred
to in paragraphs 1, 2 and 3.
9. The Commission shall be
empowered to adopt delegated acts
in accordance with Article 13 in
order to adapt Annex I in relation to
reporting deadlines and Annex IV
to technical and scientific progress.
15532/15
ANNEX
EP amendments
Council general approach
Amendment 68
Article 7 – paragraph 7
7. Member States shall establish the 7. Member States shall […] prepare
emission inventories, including if
and update the national emission
appropriate adjusted emission
inventories, including adjusted
inventories, emission projections
emission inventories where
and the informative inventory
relevant, emission projections and
report in accordance with
the informative inventory report in
Annex IV.
accordance with Annex IV.
Comments
Article 7 - paragraphs 8 and 9
8. The Commission, assisted by the
European Environment Agency,
shall annually […] prepare and
update Union-wide emission
inventories, projections, and an
informative inventory report for all
the pollutants referred to in Annex
I, on the basis of the information
referred to in paragraphs 1, 2 and 3
of this Article.
9. The Commission shall be
empowered to adopt delegated acts
in accordance with Article 13 in
order to adapt Annex I […] and
Annex IV to developments within
the framework of the LRTAP
Convention […]..
CM/mb/mv
DGE 1A
LIMITE
66
EN
Commission proposal
1. Member States shall ensure, if
practicable, the monitoring of
adverse impacts of air pollution
upon ecosystems in accordance
with the requirements laid down in
Annex V.
EP amendments
Council general approach
Article 8
Monitoring air pollution impacts
Amedment 69
Article 8 – paragraph 1
1. Member States shall monitor the 1. Member States shall ensure […]
adverse impacts of air pollution
the […] monitoring of adverse
upon ecosystems in accordance
impacts of air pollution […] upon
with the requirements laid down in ecosystems […] based on a network
Annex V.
of monitoring sites that is
representative of their freshwater,
natural and seminatural habitats and
forest ecosystem types, taking a
cost-effective and risk-based
approach.
Comments
To this end Member States shall
coordinate with and, where
appropriate, make use of data
collected under other monitoring
programmes established pursuant to
Union legislation including
Directive 2008/50/EC, Directive
2000/60/EC and Directive
92/43/EEC 16 and, if appropriate,
the LRTAP Convention.
To meet the requirements of this
Article, Member States may use the
optional indicators listed in Annex
V.
______________
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
67
EN
Commission proposal
EP amendments
Council general approach
Directive 2008/50/EC of the
European Parliament and of the
Council of 21 May 2008 on
ambient air quality and cleaner air
in Europe (OJ L 152, 11.6.2008,
p.1).
Directive 2000/60/EC of the
European Parliament and of the
Council of 23 October 2000
establishing a framework for
Community action in the field of
water policy (OJ L 327,
22.12.2000, p. 1).
Directive 92/43/EEC of 21 May
1992 on the conservation of natural
habitats and wild fauna and flora.
Comments
16
Article 8 – paragraph 1 a (new)
1a. The methodologies on the
Convention on Long-Range
Transboundary Air Pollution and its
Manuals for the International
Cooperative Programmes may be
used when collecting and reporting
the information covered by
Annex V.
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
68
EN
Commission proposal
2. Member States shall, where
appropriate, coordinate the
monitoring of air pollution impacts
with other monitoring programmes
established by virtue of Union
legislation, including Directive
2008/50/EC and Directive
2000/60/EC of the European
Parliament and of the Council.30
__________________
30
Directive 2000/60/EC of the
European Parliament and of the
Council of 23 October 2000
establishing a framework for
Community action in the field of
water policy (OJ L 327,
22.12.2000, p. 1)
3. The Commission shall be
empowered to adopt delegated acts
in accordance with Article 13 in
order to adapt Annex V to technical
and scientific progress.
15532/15
ANNEX
EP amendments
Council general approach
Amendment 70
Article 8 – paragraph 2
2. Member States shall coordinate
2. […]
the monitoring of air pollution
impacts with other monitoring
programmes established by virtue
of Union legislation, including
Directive 2008/50/EC and Directive
2000/60/EC of the European
Parliament and of the Council.30
Comments
__________________
30
Directive 2000/60/EC of the
European Parliament and of the
Council of 23 October 2000
establishing a framework for
Community action in the field of
water policy (OJ L 327,
22.12.2000, p. 1)
Article 8 - paragraph 3
3. The Commission shall be
empowered to adopt delegated acts
in accordance with Article 13 in
order to adapt Annex V to technical
and scientific progress and to
developments within the framework
of the LRTAP Convention.
CM/mb/mv
DGE 1A
LIMITE
69
EN
Commission proposal
1. Member States shall provide
their national air pollution control
programme to the Commission
[within three months of the date
referred to in Article 17, date to be
inserted by OPOCE] and updates
every two years thereafter.
Where a national air pollution
control programme is updated
under Article 6(4), the Member
State concerned shall inform the
Commission thereof within two
months.
2. Member States shall from 2017
communicate their national
emission inventories, emission
projections, spatially disaggregated
emission inventories, large point
source inventories and reports
15532/15
ANNEX
EP amendments
Council general approach
Article 9
Reporting by Member States
Amendment 71
Article 9 – paragraph 1 – subparagraph 1
1. Member States shall provide
1. Member States shall provide
their national air pollution control
their first national air pollution
programme to the Commission by
control programme to the
...* and updates every two years
Commission [within […] nine
thereafter.
months of the date referred to in the
first subparagraph of Article 17,
date to be inserted by OPOCE]
__________________
[…].
* OJ: Please insert the date six
months after entry into force of
this Directive.
Amendment 72
Article 9 – paragraph 1 – subparagraph 2
Where a national air pollution
control programme is updated
under Article 6(4), the Member
State concerned shall communicate
the updated programme to the
Commission within two months.
Amendment 73
Article 9 – paragraph 2 – subparagraph 1
2. Member States shall from 2017
2. Member States shall […]
communicate their national
communicate their national
emission inventories, emission
emission inventories, emission
projections, spatially disaggregated projections, spatially disaggregated
emission inventories, large point
emission inventories, large point
source inventories and reports
source inventories and reports
Comments
CM/mb/mv
DGE 1A
LIMITE
70
EN
Commission proposal
referred to in Article 7(1), (2) and
(3) and, where relevant, Article
7(4), (5) and (6), to the Commission
and to the European Environmental
Agency in accordance with the
reporting dates set out in Annex I.
3. Member States shall report their
national emissions and projections
for CH4 in accordance with
Regulation (EU) No 525/2013 of
the European Parliament and of
the Council.31
__________________
31 Regulation (EU) No 525/2013 of
the European Parliament and of
the Council of 21 May 2013 on a
mechanism for monitoring and
reporting greenhouse gas
emissions and for reporting other
information at national and Union
level relevant to climate change
and repealing Decision No
280/2004/EC (OJ L 165,
18.6.2013, p. 13).
4. The Commission, assisted by the
European Environment Agency and
the Member States shall regularly
15532/15
ANNEX
EP amendments
Council general approach
referred to in Article 7(1), (2) and
referred to in Article 7(1), (2) and
(3) and, where relevant, Article 7
(3) and, where relevant, Article 7
(5) and (6), to the Commission and […] (6), to the Commission and to
to the European Environmental
the European Environment Agency
Agency in accordance with the
in accordance with the reporting
reporting dates set out in Annex I.
dates set out in Annex I.
Amendment 134
Article 9 - paragraph 3
3. […]
deleted
Comments
Amendment 74
Article 9 – paragraph 4 – introductory part
4. The Commission, assisted by the 4. The Commission, assisted by the
European Environment Agency and European Environment Agency and
the Member States shall regularly
in consultation with the Member
CM/mb/mv
DGE 1A
LIMITE
71
EN
Commission proposal
review the national emission
inventory data. This review shall
involve the following:
(c) where appropriate, calculation
of the resulting technical
corrections necessary, in
consultation with the Member
States.
15532/15
ANNEX
EP amendments
review the national emission
inventory data and national air
pollution control programmes.
This review shall involve the
following:
Council general approach
States, shall […] review the
national emission inventory data in
the first year of reporting and
regularly thereafter. This review
shall involve the following:
Comments
Article 9 – paragraph 4 – point c
(c) where appropriate, calculation
of the resulting technical
corrections necessary, […] in
consultation with the Member State
concerned.
Amendment 75
Article 9 – paragraph 4 – point c a (new)
(ca) checks to verify that national
air pollution control programmes
satisfy the requirements under
Article 6.
Amendment 76
Article 9 – paragraph 4 – subparagraph 1 a (new)
Where the Member State concerned
The results of the Commission
and the Commission are unable to
review shall be made publicly
reach agreement on the necessity or
available, in accordance with
content of technical corrections
Article 11.
pursuant to point (c) of the first
subparagraph, the Commission
shall adopt a Decision laying down
the technical corrections to be
applied by the Member State
concerned.
CM/mb/mv
DGE 1A
LIMITE
72
EN
Commission proposal
5. Member States shall report the
following information referred to in
Article 8 to the Commission and the
European Environment Agency:
EP amendments
Council general approach
Article 9 paragraph 5
5. Member States shall report the
following information referred to in
Article 8 to the Commission and the
European Environment Agency:
(a) [By the date referred to in
Article 17 - date to be inserted by
OPOCE] and every four years
thereafter, the location of the
monitoring sites and the associated
monitored indicators, and
(a) By [the date referred to in the
first subparagraph of Article 17 date to be inserted by OPOCE] and
every four years thereafter, the
location of the monitoring sites and
the associated […] indicators used
for monitoring air pollution
impacts, and
(b) Within [one year of the date
referred to in Article 17 - date to be
inserted by OPOCE] and every four
years thereafter, the measured
values of the mandatory indicators.
(b) By[…] [one year of the date
referred to in the first subparagraph
of Article 17 - date to be inserted by
OPOCE] and every four years
thereafter, the monitoring data
referred to in Article 8 […].
15532/15
ANNEX
Comments
CM/mb/mv
DGE 1A
LIMITE
73
EN
Commission proposal
EP amendments
Council general approach
Article 10
Reports by the Commission
Amendment 77
Article 10 – paragraph 1 – subparagraph 1
1. The Commission shall, every five 1. The Commission shall, every 30 1. The Commission shall, every
years at least, report to the
months starting from ...* present a five years at least, report to the
European Parliament and the
report to the European Parliament
European Parliament and the
Council on the progress on
and the Council on the
Council on the progress made in the
implementing this Directive,
implementation of this Directive.
[…] implementation of this
including an assessment of its
In doing so, the Commission shall Directive, including an assessment
of its contribution to the
contribution to the achievement of assess:
achievement of the objectives of
the objectives of this Directive.
this Directive.
(a) its contribution and Members
States’ efforts, to achieving the
objectives of this Directive;
Comments
(b) the progress in the reduction of
air pollutants’ emissions up to
2025 and 2030;
(c) the progress towards achieving
the long term objectives of air
quality aims established in the
seventh Environment Action
Programme;
(d) whether the critical loads and
levels and World Health
Organisation air pollution guide
values are exceeded; and
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
74
EN
Commission proposal
EP amendments
Council general approach
(e) Member States' uptake of
available EU funding, where such
funding has been used to target air
pollution reduction.
______________
* OJ: Please insert the date of
entry into force of this Directive.
Amendment 78
Article 10 – paragraph 1 – subparagraph 1 a (new)
When reporting on Member
States’ emission reductions for the
year 2020, 2025 and 2030, the
Commission shall include the
reasons for non-achievement,
where applicable.
Amendment 79
Article 10 – paragraph 1 – subparagraph 1 b (new)
Where the report indicates that
Member States are unable to
comply with Union law and the air
quality limit values laid down in
Directive 2008/50/EC, the
Commission shall:
Comments
(a) assess whether the nonachievement is the result of
ineffective EU source-based air
pollution policy, including its
implementation at Member State
level,
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
75
EN
Commission proposal
The Commission shall in any case
report as above for the year 2025,
and shall also include information
on the achievement of the
intermediate emission levels
referred to in Article 4 paragraph
2 and the reasons for any nonachievement. It shall identify the
need for further action also
considering the sectorial impacts of
implementation.
15532/15
ANNEX
EP amendments
Council general approach
(b) consult with the Committee
referred to in Article 14 and
identify where there is a need for
new source legislation and, where
appropriate, present legislative
proposals so to ensure compliance
with the targets of this Directive.
Any such proposal shall be
supported by a robust impact
assessment and reflect the latest
scientific data.
Amendment 80
Article 10 – paragraph 1 – subparagraph 2
Notwithstanding the first
On the basis of these reports, the
subparagraph, the Commission
Commission shall, together with
shall […] report to the European
Member States, identify the need
Parliament and the Council as
for further action to be taken,
including at national level, also
above for the year 2025, and shall
considering the sectorial impacts of also include information on the
implementation.
achievement of the […] indicative
emission levels referred to in
Article 4 paragraph 2 and the
reasons for any non-achievement.
Where the report indicates that nonachievement is the result of
ineffective Union policy, the
Commission […] shall identify the
need for further action also
considering the sectorial impacts of
implementation. Where appropriate,
the Commission shall present
Comments
CM/mb/mv
DGE 1A
LIMITE
76
EN
Commission proposal
Council general approach
legislative proposals, including new
source legislation, so to ensure
compliance with the targets of this
Directive.
Amendment 81
Article 10 – paragraph 2
2. The reports referred to in
2. The reports referred to in
paragraph 1 may include an
paragraph 1 shall include an
evaluation of the environmental and evaluation of the health,
socioeconomic impacts of this
environmental, and socioeconomic
Directive.
impacts of this Directive, including
the impact on Member State health
systems and the cost of nonimplementation. The Commission
shall make those reports publicly
available.
Amendment 152
Article 10 – paragraph 3 (new)
3. The Commission shall also
carry out an impact assessment on
Mercury (Hg) before a national
emission reduction commitment is
determined and, if necessary,
submit a new legislative proposal.
15532/15
ANNEX
EP amendments
Comments
CM/mb/mv
DGE 1A
LIMITE
77
EN
Commission proposal
EP amendments
Council general approach
Amendment 82
Article 10 a (new)
Comments
Article 10 a
European Clean Air Forum
The Commission shall set up a
European Clean Air Forum to
facilitate the coordinated
implementation of the Clean Air
Programme and bring together all
relevant actors including the
Member States’ competent
authorities at all relevant levels,
the Commission, industry, civil
society, and the scientific
community every two years. The
Clean Air Forum shall oversee the
establishment of guidance on the
elaboration and implementation of
national air pollution control
programmes, the evolution of the
emissions reduction paths,
including the assessment of the
reporting requirements.
Article 11
Access to information
Amendment 83
Article 11 – paragraph 1 – point b a (new)
(ba) progress by Member States in
achieving the country's specific
2025 and 2030 binding air
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
78
EN
Commission proposal
EP amendments
pollution targets for each
pollutant.
Council general approach
Comments
Amendment 84
Article 11 – paragraph 1 – point b b (new)
(bb) the results of the review
referred to in Article 9(4).
Amendment 85
Article 11 – paragraph 2 a (new)
2a. The Commission shall publish
2a. Member States shall ensure
on its website the underlying
that the public concerned have
access to administrative or judicial assumptions considered for each
Member State for the definition of
procedures to challenge acts and
omissions by competent authorities their national emission reduction
potential used to prepare the TSAP
or private persons which do not
Report 16 of January 2015.
comply with this Directive.
Such procedures shall provide
adequate and effective remedies,
including interim relief as
appropriate, and be fair, equitable,
timely and not prohibitively
expensive.
Member States shall ensure that
information on how to access such
procedures is made publicly
available and shall consider the
establishment of appropriate
assistance mechanisms to remove
or reduce financial and other
barriers to access to justice.
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
79
EN
Commission proposal
EP amendments
Council general approach
Amendment 127
Article 11 – paragraph 2 b (new)
2b. Based on the reports referred
to in Article 10(1), the Commission
shall, as regards NH3, assess
existing legally binding national
emission reduction commitments
on the basis of the latest scientific
evidence, taking into account
Member States' achievements
under Directive 2001/81/EC and
the Protocol to the 1979
Convention on Long-Range
Transboundary Air Pollution to
Abate Acidification,
Eutrophication and Ground-level
Ozone.
Comments
By 2022, the Commission shall
assess progress towards the
commitments under this Directive,
taking into account, inter alia:
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
80
EN
Commission proposal
EP amendments
(a) UNECE Guidance Document
for Preventing and Abating
Ammonia Emissions, the UNECE
Framework Code for Good
Agricultural Practice for Reducing
Ammonia Emissions, as revised in
2014, and the Best Available
Techniques (BAT) as defined in
Article 3(10) in Directive
2010/75/EU of the European
Parliament and of the Council;
Council general approach
Comments
(b) agri-environment measures
under the Common Agricultural
Policy;
(c) revisions of all relevant air
quality legislation including, inter
alia, those referred to under
Article 3 (12a) of this Directive.
If appropriate, the Commission
shall present legislative proposals
for targets for the period after
2030 for improving air quality
standards.
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
81
EN
Commission proposal
EP amendments
Council general approach
Amendment 86
Article 11 a (new)
Comments
Article 11 a
Based on the reports referred to in
Article 10(1), the Commission
shall review this Directive no later
than 2025 with a view to
safeguarding progress towards
achieving the World Health
Organisation's recommended air
quality levels and the long term
vision as set out in the seventh
Environment Action Programme.
In particular, the Commission
shall, if appropriate, and taking
into account scientific and
technological progress, propose
changes to the national emissions
reduction commitments in Annex
II;
On the basis of the regular reports
referred to in to in Article 10(1)
the Commission shall consider
measures for reducing emissions
from international shipping
particularly in Member States'
territorial waters and exclusive
economic zones, and, if
appropriate, submit a legislative
proposal.
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
82
EN
Commission proposal
Council general approach
Article 12
Cooperation with third countries and coordination within international organisations
Amendment 87
Article 12
The Union and the Member States, The Union and the Member States, The Union and the Member States,
as appropriate, shall pursue bilateral as appropriate, shall pursue bilateral as appropriate, shall pursue, without
and multilateral cooperation with
and multilateral cooperation with
prejudice to Article 218 of the
third countries and coordination
third countries and coordination
Treaty, bilateral and multilateral
within relevant international
within relevant international
cooperation with third countries and
organisations such as the United
organisations such as the United
coordination within relevant
Nations Environment Programme
Nations Environment Programme
international organisations such as
(UNEP), United Nations Economic (UNEP), United Nations Economic the United Nations Environment
Commission for Europe (UNECE), Commission for Europe (UNECE), Programme (UNEP), United
the International Maritime
Nations Economic Commission for
the Food and Agriculture
Organization (IMO) and the
Europe (UNECE), the International
Organization of the United
International Civil Aviation
Nations (FAO), the International
Maritime Organization (IMO) and
Organization (ICAO), including
Maritime Organization (IMO) and
the International Civil Aviation
through the exchange of
the International Civil Aviation
Organization (ICAO), including
information, concerning technical
Organization (ICAO), including
through the exchange of
and scientific research and
through the exchange of
information, concerning technical
development, with the aim of
information, concerning technical
and scientific research and
improving the basis for emission
and scientific research and
development, with the aim of
reductions.
development, with the aim of
improving the basis for the
improving the basis for emission
facilitation of emission reductions.
reductions. Member States shall
conduct cross-border consultations
on mutual threats posed by
emissions from adjacent industrial
regions in those countries and the
Member States concerned shall
develop joint plans to eliminate or
15532/15
ANNEX
EP amendments
Comments
CM/mb/mv
DGE 1A
LIMITE
83
EN
Commission proposal
2. The delegation of power referred
to in Articles 6(7), 7(9) and 8(3)
shall be conferred on the
Commission for an indeterminate
period of time from the date of
entry into force of this Directive.
3. The delegation of power referred
to in Articles 6(7), 7(9) and 8(3)
may be revoked at any time by the
European Parliament or by the
Council. A decision of revocation
15532/15
ANNEX
EP amendments
reduce those emissions.
Council general approach
Comments
Article 13
Exercise of the delegation
Amendment 88
Article 13 – paragraph 2
2. The power to adopt delegated
2. The […] power to adopt
acts referred to in Articles 6(7),
delegated acts referred to in
7(9) and 8(3) shall be conferred on Articles 6(7), 7(9) and 8(3) shall be
the Commission for a period of 5
conferred on the Commission for a
[…] period of five years […]
years from ...*. The Commission
shall draw up a report in respect of from 18. The Commission shall
draw up a report in respect of the
the delegation of power not later
than nine months before the end of delegation of power not later than
five-year period. The delegation of nine months before the end of the
power shall be tacitly extended for five year period. The delegation of
power shall be tacitly extended for
periods of identical duration,
unless the European Parliament or periods of an identical duration,
unless the European Parliament or
the Council opposes such
the Council opposes such extension
extension not later than three
not later than three months before
months before the end of each
the end of each period.
period.
_______________
_______________
18
* OJ: Please insert the date of
OJ: please insert date of entry
entry into force of this Directive.
into force of the Directive.
Article 13 – paragraph 3
3. The delegation of power referred
to in Articles 6(7), 7(9) and 8(3)
may be revoked at any time by the
European Parliament or by the
Council. A decision […] to revoke
CM/mb/mv
DGE 1A
LIMITE
84
EN
Commission proposal
shall put an end to the delegation of
the power specified in that decision.
It shall take effect the day following
the publication of the decision in
the Official Journal of the European
Union or at a later date specified
therein. It shall not affect the
validity of any delegated acts
already in force.
1. The Commission shall be
assisted by the Ambient Air
Quality Committee established by
Article 29 of Directive
2008/50/EC. That committee shall
be a committee within the meaning
of Regulation (EU) No 182/2011.
2. Where reference is made to this
paragraph, Article 5 of Regulation
(EU) No 182/2011 shall apply.
EP amendments
Council general approach
shall put an end to the delegation of
the power specified in that decision.
It shall take effect the day following
the publication of the decision in
the Official Journal of the European
Union or at a later date specified
therein. It shall not affect the
validity of any delegated acts
already in force.
Article 14
Committee procedure
Comments
Article 14
1. The Commission shall be
assisted by the Ambient Air Quality
Committee established by Article
29 of Directive 2008/50/EC. That
committee shall be a committee
within the meaning of Regulation
(EU) No 182/2011.
2. Where reference is made to this
paragraph, Article 5 of Regulation
(EU) No 182/2011 shall apply.
Where the Committee delivers no
opinion, the Commission shall not
adopt the draft implementing act
and the third subparagraph of
Article 5(4) of Regulation 182/2011
shall apply.
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
85
EN
Commission proposal
Member States shall lay down the
rules on the penalties applicable to
infringements of the national
provisions adopted pursuant to this
Directive and shall take all
measures necessary to ensure that
they are implemented. The
penalties provided for must be
effective, proportionate and
dissuasive.
15532/15
ANNEX
EP amendments
Council general approach
Article 15
Penalties
Amendment 89
Article 15
Member States shall lay down the
rules on the penalties applicable to
infringements of the national
provisions adopted pursuant to this
Directive and shall take all
measures necessary to ensure that
they are implemented. The
penalties provided for shall be
effective, proportionate and
dissuasive. Member States shall
notify the Commission of those
measures no later than ...* and
shall notify it without delay of any
subsequent amendment thereto.
_________________
*
OJ: Please insert the date of
entry into force of this Directive.
Amendment 90
Article 15 – paragraph 1 a (new)
Without prejudice to paragraph 1,
Member States shall not pass on
the burden of compliance to
authorities which do not have the
strategic powers to comply with the
requirements of the Directive.
Comments
CM/mb/mv
DGE 1A
LIMITE
86
EN
Commission proposal
Council general approach
Article 16
Amendment to Directive 2003/35/EC
Amendment 125
Article 16 – introductory part
In Annex I of Directive
In Annex I of Directive
2003/35/EC, the following letter (g) 2003/35/EC, the following letters
shall be added:
(g) and (h) shall be added:
Amendment 126
Article 16 – point 1 a (new)
"(h) Article 23 of 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."
Article 17
Transposition
1. Member States shall bring into
force the laws, regulations and
administrative provisions necessary
to comply with this Directive
[eighteen months after the entry
into force - date to be inserted by
OPOCE] at the latest.
EP amendments
Comments
Article 17
1. Member States shall bring into
force the laws, regulations and
administrative provisions necessary
to comply with this Directive by
[eighteen months after the entry
into force - date to be inserted by
OPOCE] at the latest.
Notwithstanding the first
subparagraph, Member States shall
bring into force the laws,
regulations and administrative
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
87
EN
Commission proposal
EP amendments
Council general approach
provisions necessary to comply
with Article 9(2) by
15 February 2017.
They shall forthwith communicate
to the Commission the text of those
provisions.
They shall forthwith communicate
to the Commission the text of those
provisions.
When Member States adopt those
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.
When Member States adopt those
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.
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.
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.
15532/15
ANNEX
Comments
CM/mb/mv
DGE 1A
LIMITE
88
EN
Commission proposal
EP amendments
Council general approach
Article 18
Repeal and transitional provisions
Comments
Article 18
Article 18
Repeal and transitional
provisions
Article 18
Repeal and transitional provisions
1. Directive 2001/81/EC of the
European Parliament and of the
Council is repealed with effect from
[by the date referred to in Article 17
of this Directive - date to be
inserted by OPOCE].
1. Directive 2001/81/EC of the
European Parliament and of the
Council is repealed with effect from
[the date referred to in the first
subparagraph of Article 17 of this
Directive - date to be inserted by
OPOCE].
However, […] Article 1, Article 4
and Annex I of the repealed
Directive shall continue to apply
[…] until 31 December 2019.
However, the following provisions
of the repealed Directive shall
continue to apply:
(a) Article 1 and Annex I until 31
December 2019;
[…]
(b). Article 7(1) and (2) and
Article 8(1) until [the date referred
to in Article 17 of this Directive date to be inserted by OPOCE].
15532/15
ANNEX
CM/mb/mv
DGE 1A
LIMITE
89
EN
Commission proposal
References to the repealed
Directive shall be construed as
references to this Directive and
shall be read in accordance with the
correlation table set out in
Annex VI.
2. Until 31 December 2019,
Member States may apply
Article 5(3) of this Directive in
relation to the ceilings under
Article 4 and Annex I of
Directive 2001/81/EC.
This Directive shall enter into force
twentieth day after that of its
publication in the Official Journal
of the European Union.
15532/15
ANNEX
EP amendments
Council general approach
References to the repealed
Directive shall be construed as
references to this Directive and
shall be read in accordance with the
correlation table set out in
Annex VI.
Comments
2. Until 31 December 2019,
Member States may apply
Article 5([…] 1) of this Directive in
relation to the ceilings under
Article 4 and Annex I of
Directive 2001/81/EC.
Article 19
Entry into force
Article 19
This Directive shall enter into force
on the twentieth day following […]
that of its publication in the Official
Journal of the European Union.
CM/mb/mv
DGE 1A
LIMITE
90
EN
Annex to the ANNEX
Commission proposal
ANNEX I
Monitoring and reporting of atmospheric emissions
A.
Annual emission reporting requirements as referred to in article 7(1), first
subparagraph
Element
Pollutants
Total national
emissions by NFR(1)
source category,
including memo-items
- SO2, NOX, NMVOC, NH3,
CO
Time series
Reporting dates
Annual, from 1990 to
reporting year minus 2
(X-2)
15/02****
- heavy metals (Cd, Hg, Pb)*
- POPs** (total PAHs and
benzo(a)pyrene,
benzo(b)fluoranthene,
benzo(k)fluoranthene,
indeno(1,2,3-cd)pyrene,
dioxins/furans, PCBs,
HCB)
Total national
emissions by NFR
source category
- PM2,5, PM10*** and BC.
Annual, from 2000 to
reporting year minus 2
(X-2)
15/02****
Total national
emissions by source
category
- CH4
Annual, from 2005 to
reporting year minus 2
(X-2)
15/02****
Preliminary national
emissions by
aggregated NFR(2)
- SO2, NOX, NH3, NMVOC,
PM2,5
Annual, for reporting
year minus 1 (X-1)
30/09
(1)
Nomenclature for reporting as provided by the LRTAP Convention
(2)
As aggregated in sectors as defined in Annex IV of the guidelines for reporting of the LRTAP
*
Cd (cadmium), Hg (mercury), Pb (lead)
**
POPs (persistent organic pollutants)
Convention
*** PM10 means particulate matter which passes through a size-selective inlet as defined in the reference method for
the sampling and measurement of PM10, EN 12341, with a 50 % efficiency cut-off at 10 μm aerodynamic diameter.
**** Re-submissions due to errors shall be provided within four weeks at the latest and include a clear explanation
of the changes made.
15532/15
Annex to the ANNEX
CM/mb/mv
DGE 1A
LIMITE
91
EN
B.
Annual emission reporting requirements as referred to in article 7(1), second
subparagraph
Element
Total national
emissions by NFR
source category
Pollutants
- heavy metals (As, Cr, Cu,
Ni, Se and Zn and their
compounds)*
- TSP**
Time series
Reporting date
Annual, from 1990
(2000 for TSP) to
reporting year minus 2
(X-2)
15/2
*
As (arsenic), Cr (chromium), Cu (copper), Ni (nickel), Se (selenium), Zn (zinc)
**
TSP (total suspended particles)
C.
Biennial as from 2017 reporting requirements on emissions and projections as
referred to in article 7(2)
Element
National gridded data
of emissions by source
category (GNFR)
Pollutants
Time series / target
years
- SO2, NOX, NMVOC, CO,
NH3, PM10, PM2,5
- heavy metals (Cd, Hg, Pb),
Reporting dates
Biennial for reporting
year minus 2 (X-2)
01/05 *
Biennial for reporting
year minus 2 (X-2)
01/05 *
- POPs (total PAHs, HCB,
PCBs, dioxins/furans)
- BC (if available)
Large Point Sources
(LPS) by source
category (GNFR)
- SO2, NOX, NMVOC, CO,
NH3, PM10, PM2,5,
- heavy metals (Cd, Hg, Pb),
- POPs (total PAHs, HCB,
PCBs, dioxins/furans)
- BC (if available)
Projected emissions by
aggregated NFR
- SO2, NOX, NH3, NMVOC,
PM2,5 and BC
15/03
Biennial reporting,
covering every year
from year X up to
2030 and, where
available, 2040 and
15532/15
Annex to the ANNEX
CM/mb/mv
DGE 1A
LIMITE
92
EN
Projected emissions by
aggregated source
category
2050
- CH4
15/03
*
Re-submissions due to errors shall be provided within four weeks and include a clear explanation of
changes made
D.
the
Annual reporting of informative inventory report referred to in article 7(3)
Element
Informative Inventory
Report (IIR)
Pollutants
Time series / target
years
Reporting dates
- SO2, NOX, NMVOC, NH3,
CO, TSP, PM2,5, PM10 and
BC
- heavy metals (Cd, Hg, Pb,
As, Cr, Cu, Ni, Se, Zn)
- POPs (total PAHs and
benzo(a)pyrene,
benzo(b)fluoranthene,
benzo(k)fluoranthene,
indeno(1,2,3-cd)pyrene,
dioxins/furans, PCBs,
HCB)
15532/15
Annex to the ANNEX
All years
(as indicated in tables
A-B-C)
15/03
CM/mb/mv
DGE 1A
LIMITE
93
EN
EP amendments
Amendment 135
Annex I - table A - row 4
Text proposed by the Commission
Total national
- CH4
emissions by source
category
Annual, from 2005
to reporting year
minus 2 (X-2)
15/02****
Amendment
deleted
Amendment 91
Annex I – table A – row 5
Text proposed by the Commission

Preliminary 
- SO2, NOX,
national emissions by NH3, NMVOC, PM2,5
aggregated NFR(2)
Amendment

Preliminary
national emissions by
aggregated NFR(2)

- SO2, NOX,
NH3, NMVOC, PM2,5

Annual,
for reporting year
minus 1 (X-1)

every two
years, for reporting
year minus 1 (X-1)


30/09
31/12
Amendment 136
Annex I - table C - row 5
Text proposed by the Commission
Projected emissions - CH4
by aggregated
source category
Biennial reporting,
covering every year
from year X up to
2030 and, where
available, 2040 and
2050
15/03
Amendment
deleted
15532/15
Annex to the ANNEX
CM/mb/mv
DGE 1A
LIMITE
94
EN
Council general approach
ANNEX I
Monitoring and reporting of atmospheric emissions
A.
Annual emission reporting requirements as referred to in article 7(1), first subparagraph
Element
Total national
emissions by NFR 1
source category *
[…]
Pollutants
Reporting dates
Annual, from 1990
to reporting year
minus 2 (X-2)
15/02****
Annual, from 2000
to reporting year
minus 2 (X-2)
15/02*****
- SO2, NOX, NMVOC,
NH3, CO
- heavy metals (Cd, Hg,
Pb)**
- POPs*** (total PAHs
and benzo(a)pyrene,
benzo(b)fluoranthene,
benzo(k)fluoranthene,
indeno(1,2,3-cd)pyrene,
dioxins/furans, PCBs,
HCB)
Total national
emissions by NFR
source category*
Time series
- PM2,5, PM10****and, if
available, BC.
[…]
[…]
[…]
[…]
[…]
- […]
[…]
[…]
1
Nomenclature for reporting as provided by the LRTAP Convention.
*
natural emissions shall be reported according to the methodologies on the LRTAP convention
and the EMEP/EEA air pollutant emission inventory guidebook. They shall not be included in
national totals and shall be reported separately.
**
Cd (cadmium), Hg (mercury), Pb (lead).
*** POPs (persistent organic pollutants).
**** "PM10" means particles with an aerodynamic diameter equal to or less than 10 micrometers
(μm). […]
***** Re-submissions due to errors shall be provided within four weeks at the latest and include a
clear explanation of the changes made.
15532/15
Annex to the ANNEX
CM/mb/mv
DGE 1A
LIMITE
95
EN
B.
Annual emission reporting requirements as referred to in article 7(1), second subparagraph
Element
Total national
emissions by NFR
source category*
Pollutants
- heavy metals (As, Cr,
Cu, Ni, Se and Zn and
their compounds)* *
- TSP***
Time series
Reporting date
Annual, from 1990
(2000 for TSP,) to
reporting year minus
2 (X-2)
15/2
*
natural emissions shall be reported according to the methodologies on the LRTAP convention
and the EMEP/EEA air pollutant emission inventory guidebook. They shall not be included in
national totals and shall be reported separately.
**
As (arsenic), Cr (chromium), Cu (copper), Ni (nickel), Se (selenium), Zn (zinc).
*** TSP (total suspended particles).
15532/15
Annex to the ANNEX
CM/mb/mv
DGE 1A
LIMITE
96
EN
C.
[…] Reporting requirements on emissions and projections as referred to in article 7(2)
Element
National gridded
data of emissions by
source category
(GNFR)
Pollutants
Time series / target
years
- SO2, NOX, NMVOC,
CO, NH3, PM10, PM2,5
- heavy metals (Cd, Hg,
Pb),
Reporting dates
Every four years
[…] for reporting
year minus 2 (X-2)
- POPs (total PAHs, HCB,
PCBs, dioxins/furans)
01/05 *
as from 2017
- BC (if available)
Large Point Sources
(LPS) by source
category (GNFR)
- SO2, NOX, NMVOC,
CO, NH3, PM10, PM2,5,
- heavy metals (Cd, Hg,
Pb),
Every four years
[…] for reporting
year minus 2 (X-2)
- POPs (total PAHs, HCB,
PCBs, dioxins/furans)
01/05 *
as from 2017
- BC (if available)
Projected emissions
by aggregated NFR
SO2, NOX, NH3,
NMVOC, PM2,5 and, if
available, BC
Every four years,
[…] covering
projection years
2020, 2025, 2030
and, where available,
2040 and 2050
15/03
as from 2017
[…]
*
[…]
[…]
Re-submissions due to errors shall be provided within four weeks and include a clear
explanation of the changes made.
15532/15
Annex to the ANNEX
CM/mb/mv
DGE 1A
LIMITE
97
EN
D.
Annual reporting of informative inventory report referred to in article 7(3)
Element
Pollutants
Time series / target
years
Informative Inventory
Report (IIR)
- SO2, NOX, NMVOC,
NH3, CO, , PM2,5, PM10;
Reporting dates
- heavy metals (Cd, Hg,
Pb) and BC;
- POPs (total PAHs and
benzo(a)pyrene,
benzo(b)fluoranthene,
benzo(k)fluoranthene,
indeno(1,2,3-cd)pyrene,
dioxins/furans, PCBs,
HCB);
All years
(as indicated in
tables A-B-C)
15/03
- If available, heavy
metals (As, Cr, Cu, Ni,
Se and Zn and their
compounds) and TSP
15532/15
Annex to the ANNEX
CM/mb/mv
DGE 1A
LIMITE
98
EN
Commission proposal
ANNEX II
National emission reduction commitments
Table (a): Emission reduction commitments for sulphur dioxide (SO2), nitrogen oxides
(NOx) and non-methane volatile organic compounds (NMVOC). Fuels sold, base year
2005.
Member
State
Belgium
Bulgaria
Czech
Republic
Denmark
Germany
Estonia
Greece
Spain
France
Croatia
Ireland
Italy
Cyprus
Latvia
Lithuania
Luxemburg
Hungary
Malta
Netherlands
Austria
Poland
Portugal
Romania
Slovenia
Slovakia
Finland
Sweden
United
Kingdom
EU 28
SO2 reduction compared
with 2005
NOx reduction compared
with 2005
NMVOC reduction
compared with 2005
For any
year
from
2020 to
2029
For any
year
from
2030
For any
year
from
2020 to
2029
For any
year
from
2030
For any
year
from
2020 to
2029
For any
year
from
2030
43%
78%
68%
94%
72%
41%
41%
63%
65%
66%
21%
21%
44%
62%
57%
45%
35%
21%
32%
74%
67%
55%
55%
65%
35%
83%
8%
55%
34%
46%
77%
28%
26%
59%
63%
77%
63%
57%
30%
22%
59%
59%
15532/15
Annex to the ANNEX
58%
53%
71%
92%
89%
78%
87%
83%
75%
95%
46%
72%
44%
88%
98%
59%
50%
78%
77%
93%
89%
79%
30%
22%
84%
81%
35%
56%
39%
18%
31%
41%
50%
31%
49%
40%
44%
32%
48%
43%
34%
42%
45%
37%
30%
36%
45%
39%
36%
35%
36%
55%
42%
69%
69%
61%
72%
75%
70%
66%
75%
69%
70%
44%
55%
79%
69%
89%
68%
72%
55%
71%
67%
71%
59%
51%
65%
73%
69%
18%
35%
13%
10%
54%
22%
43%
34%
25%
35%
45%
27%
32%
29%
30%
23%
8%
21%
25%
18%
25%
23%
18%
35%
25%
32%
28%
CM/mb/mv
DGE 1A
LIMITE
59%
43%
37%
67%
48%
50%
48%
32%
54%
54%
49%
57%
58%
59%
31%
34%
48%
56%
46%
64%
63%
40%
46%
38%
49%
50%
99
EN
Table (b): Emission reduction commitments for ammonia (NH3), fine particulate matter
(PM2,5) and methane (CH4). Fuels sold, base year 2005.
Member
State
Belgium
Bulgaria
Czech
Republic
Denmark
Germany
Estonia
Greece
Spain
France
Croatia
Ireland
Italy
Cyprus
Latvia
Lithuania
Luxemburg
Hungary
Malta
Netherlands
Austria
Poland
Portugal
Romania
Slovenia
Slovakia
Finland
Sweden
United
Kingdom
EU 28
NH3 reduction compared
with 2005
For any
For any
year
year
from
from
2020 to
2030
2029
2%
3%
7%
24%
5%
1%
7%
3%
4%
1%
1%
5%
10%
1%
10%
1%
10%
4%
13%
1%
1%
7%
13%
1%
15%
20%
15%
8%
6%
15532/15
Annex to the ANNEX
16%
10%
35%
37%
39%
8%
26%
29%
29%
24%
7%
26%
18%
1%
10%
24%
34%
24%
25%
19%
26%
16%
24%
24%
37%
20%
17%
21%
27%
PM2,5 reduction compared
with 2005
For any
For any
year
year
from
from
2020 to
2030
2029
20%
20%
17%
33%
26%
15%
35%
15%
27%
18%
18%
10%
46%
16%
20%
15%
13%
25%
37%
20%
16%
15%
28%
25%
36%
30%
19%
30%
22%
CH4 reduction compared
with 2005
For any
year from
2030
47%
64%
51%
26%
53%
31%
64%
43%
52%
72%
61%
48%
66%
35%
45%
72%
45%
54%
48%
63%
80%
38%
55%
40%
70%
65%
70%
64%
39%
30%
47%
24%
39%
23%
40%
34%
25%
31%
7%
40%
18%
37%
42%
27%
55%
32%
33%
20%
34%
29%
26%
28%
41%
15%
18%
41%
51%
33%
CM/mb/mv
DGE 1A
LIMITE
100
EN
Council general approach
ANNEX II
National emission reduction commitments
Table (a): Emission reduction commitments for sulphur dioxide (SO2), nitrogen oxides (NOx) and
non-methane volatile organic compounds (NMVOC). Fuels sold *, base year 2005.
SO2 reduction
NOx reduction compared
NMVOC reduction
Member
compared with 2005
with 2005
compared with 2005
State
For any
For any For any
For any
For any
For any
year
year
year
year
year from
year from
from
from
from
from
2030
2030
2020 to
2030
2020 to
2020 to
2029
2029
2029
Belgium
43%
66%
41%
59%
21%
35%
Bulgaria
78%
88%
41%
58%
21%
42%
Czech
45%
66%
35%
64%
18%
50%
Republic
Denmark
35%
52%
56%
58%
35%
37%
Germany
21%
58%
39%
64%
13%
24%
Estonia
32%
68%
18%
30%
10%
28%
Greece
74%
88%
31%
50%
54%
62%
Spain
67%
87%
41%
62%
22%
39%
France
55%
75%
50%
69%
43%
52%
Croatia
55%
82%
31%
57%
34%
48%
Ireland
65%
85%
49%
69%
25%
32%
Italy
35%
71%
40%
65%
35%
46%
Cyprus
83%
93%
44%
55%
45%
50%
Latvia
8%
46%
32%
34%
27%
38%
Lithuania
55%
60%
48%
51%
32%
47%
Luxembourg
34%
45%
43%
82%
29%
41%
Hungary
46%
73%
34%
66%
30%
58%
15532/15
Annex to the ANNEX
CM/mb/mv
DGE 1A
LIMITE
101
EN
Member
State
Malta
Netherlands
Austria
Poland
Portugal
Romania
Slovenia
Slovakia
Finland
Sweden
United
Kingdom
EU 28
*
SO2 reduction
compared with 2005
For any
For any
year
year
from
from
2020 to
2030
2029
77%
95%
28%
58%
26%
41%
59%
69%
63%
83%
77%
85%
63%
91%
57%
82%
30%
34%
22%
22%
NOx reduction compared
with 2005
For any
For any
year
year from
from
2030
2020 to
2029
42%
79%
45%
61%
37%
71%
30%
39%
36%
61%
45%
57%
39%
65%
36%
48%
35%
47%
36%
66%
NMVOC reduction
compared with 2005
For any
For any
year
year from
from
2030
2020 to
2029
23%
27%
8%
15%
21%
36%
25%
26%
18%
38%
25%
43%
23%
53%
18%
32%
35%
48%
25%
36%
59%
87%
55%
72%
32%
39%
59%
78%
42%
62%
28%
39%
Member States having the choice to use the national emission total calculated on the basis of
fuels used as a basis for compliance under the LRTAP Convention may keep this option in
order to ensure coherence between international and EU law.
15532/15
Annex to the ANNEX
CM/mb/mv
DGE 1A
LIMITE
102
EN
Table (b): Emission reduction commitments for ammonia (NH3) and fine particulate matter (PM2,5)
[…]. Fuels sold *, base year 2005.
NH3 reduction compared
PM2,5 reduction compared
Member
with 2005
with 2005
State
For any
For any For any
For any
year
year
year
year
from
from
from
from
2020 to
2030
2020 to
2030
2029
2029
Belgium
2%
13%
20%
38%
Bulgaria
3%
9%
20%
41%
Czech
7%
22%
17%
60%
Republic
Denmark
24%
24%
33%
41%
Germany
5%
29%
26%
42%
Estonia
1%
1%
15%
41%
Greece
7%
10%
35%
45%
Spain
3%
16%
15%
50%
France
4%
13%
27%
56%
Croatia
1%
23%
18%
55%
Ireland
1%
5%
18%
41%
Italy
5%
14%
10%
40%
Cyprus
10%
20%
46%
70%
Latvia
1%
1%
16%
43%
Lithuania
10%
10%
20%
35%
Luxembourg
1%
22%
15%
40%
Hungary
10%
25%
13%
48%
Malta
4%
24%
25%
50%
Netherlands
13%
21%
37%
40%
Austria
1%
18%
20%
46%
Poland
1%
22%
16%
46%
Portugal
7%
14%
15%
51%
15532/15
Annex to the ANNEX
CM/mb/mv
DGE 1A
LIMITE
103
EN
Member
State
Romania
Slovenia
Slovakia
Finland
Sweden
United
Kingdom
EU 28
*
NH3 reduction compared
with 2005
For any
For any
year
year
from
from
2020 to
2030
2029
13%
22%
1%
15%
15%
30%
20%
20%
15%
17%
PM2,5 reduction compared
with 2005
For any
For any
year
year
from
from
2020 to
2030
2029
28%
39%
25%
58%
36%
40%
30%
34%
19%
19%
8%
11%
30%
45%
6%
18%
22%
45%
Member States having the choice to use the national emission total calculated on the basis of
fuels used as a basis for compliance under the LRTAP Convention may keep this option in
order to ensure coherence between international and EU law.
15532/15
Annex to the ANNEX
CM/mb/mv
DGE 1A
LIMITE
104
EN
Commission proposal
MEASURES WHICH MAY BE
INCLUDED IN THE NATIONAL
AIR POLLUTION CONTROL
PROGRAMME
Where relevant, Member States
shall make use of the UNECE
Guidance Document for Preventing
and Abating Ammonia Emissions
(Ammonia Guidance Document),1
and best available techniques set
out in Directive 2010/75/EU of the
European Parliament and of the
Council2 when implementing the
measures set out in Part 1.
______________
1 Decision 2012/11,
ECE/EB/AIR/113/Add. 1
2 Directive 2010/75/EU of the
European Parliament and of the
Council of 24 November 2010 on
industrial emissions (integrated
pollution prevention and control)
(OJ L 334, 17.12.2010, p. 17).
15532/15
Annex to the ANNEX
EP amendments
Council general approach
Comments
Annex III – part 1
Annex III – part 2
MEASURES REFERRED TO IN
ARTICLE 6.2 […]
Annex III – part 1 – introductory part
Annex III – part 2 – introductory
part
[…] Member States shall […] take
into account the relevant UNECE
Guidance Document for Preventing
and Abating Ammonia Emissions
(Ammonia Guidance Document) 1,
and shall make use of best available
techniques […] in accordance with
Directive 2010/75/EU of the
European Parliament and of the
Council 2 […].
______________
1 Decision 2012/11,
ECE/EB/AIR/113/Add. 1
2 Directive 2010/75/EU of the
European Parliament and of the
Council of 24 November 2010 on
industrial emissions (integrated
pollution prevention and control)
(OJ L 334, 17.12.2010, p. 17).
CM/mb/mv
DGE 1A
LIMITE
105
EN
Commission proposal
1. Member States shall establish a
national advisory code of good
agriculural practice for reducing
ammonia emissions, based on the
2001 UNECE Framework Code for
Good Agricultural Practice for
Reducing Ammonia Emissions,3
covering at least the following
items:
______________
3 Decision ECE/EB.AIR/75,
paragraph 28a
(a) nitrogen management, taking
into account the full nitrogen cycle;
(c) low-emission manure spreading
approaches;
15532/15
Annex to the ANNEX
EP amendments
Council general approach
Annex III – part 1 – section A – point 1
Annex III – part 2 – section A –
point 1
1. Member States shall establish a
national advisory code of good
agricultural practice to control […]
ammonia emissions, […] taking
into account the 2014 […]UNECE
Framework Code for Good
Agricultural Practice for Reducing
Ammonia Emissions 3, covering at
least the following items:
______________
3 Decision ECE/EB.AIR/75,
paragraph 28a.
Amendment 95
Annex III – part 1 – section A – point 1 – point a
Annex III – part 2 – section A –
point 1 – point a
(a) nitrogen management, taking
(a) nitrogen management, taking
into account the full nitrogen cycle, into account the whole […]nitrogen
cycle;
and consideration of the
establishment of soil and nutrient
management plans;
Amendment 96
Annex III – part 1 – section A – point 1 – point c
Annex III – part 2 – section A –
point 1 – point c
(c) low-emission manure spreading (c) low-emission manure spreading
techniques […];
approaches and techniques
including separation into liquids
Comments
CM/mb/mv
DGE 1A
LIMITE
106
EN
Commission proposal
(e) low-emission manure
processing and composting
systems;
(f) low-emission animal housing
systems;
(g) low-emission approaches for
mineral fertilizer application.
15532/15
Annex to the ANNEX
EP amendments
and solids;
Council general approach
Comments
Amendment 97
Annex III – part 1 – section A – point 1 – point e
(e) low-emission manure
processing and composting systems
including separation into liquids
and solids;
Annex III – part 1 – section A – point 1 – points f and g
Annex III – part 2 – section A –
point 1 – point f
(f) possibilities for limiting
ammonia emissions from the use of
mineral fertilisers […].
(g) […]
Amendment 98
Annex III – part 1 – section A – point 1 – point g a (new)
(ga) promotion of grazing and
extensive farming and enhancing
the pasture biodiversity in plant
with high level of amino
acids such as clover, alfalfa and
cereals;
Amendment 99
Annex III – part 1 – section A – point 1 – point g b (new)
(gb) promotion of crop rotation
that includes nitrogen fixing
crops;
CM/mb/mv
DGE 1A
LIMITE
107
EN
Commission proposal
EP amendments
Council general approach
Amendment 100
Annex III – part 1 – section A – point 1 – point g c (new)
(gc) promotion of agroecological
farming that leads to agricultural
systems with high biodiversity,
resource efficiency and reduced or
ideally no dependency on chemical
inputs.
2. Member States shall establish a
national nitrogen budget to monitor
the changes in overall losses of
reactive nitrogen from agriculture,
including ammonia, nitrous oxide,
ammonium, nitrates and nitrites,
based on the principles set out in
the UNECE Guidance Document
on Nitrogen Budgets4.
_______________
4 Decision 2012/10,
ECE/EB.AIR/113/Add.1
Annex III – part 1 – section A – point 2
Annex III – part 2 – section A –
point 2
2. Member States may […]
establish a national nitrogen budget
to monitor the changes in overall
losses of reactive nitrogen from
agriculture, including ammonia,
nitrous oxide, ammonium, nitrates
and nitrites, based on the principles
set out in the UNECE Guidance
Document on Nitrogen Budgets 4.
________________
4 Decision 2012/10,
ECE/EB.AIR/113/Add.1.
3. Member States shall reduce
ammonia emissions from inorganic
fertilizers by using the following
Annex III – part 1 – section A – point 3
Annex III – part 2 – section A –
point 3
3. Member States shall prohibit the
use of ammonium carbonate
fertilizers and may […] reduce
15532/15
Annex to the ANNEX
Comments
CM/mb/mv
DGE 1A
LIMITE
108
EN
Commission proposal
approaches:
(a) use of ammonium carbonate
fertilizers shall be prohibited;
EP amendments
Council general approach
ammonia emissions from inorganic
fertilizers by using the following
approaches:
Annex III – part 1 – section A – point 3 – point a
Annex III – part 2 – section A –
point 3 – point a
(a) […]
(b) urea-based fertilizers shall as far
as possible be replaced by
ammonium nitrate-based fertilizers;
Annex III – part 1 – section A – point 3 – point b
Annex III – part 2 – section A –
point 3 – point b
(b) replacing urea-based fertilizers
by ammonium nitrate-based
fertilizers;
(c) where urea-based fertilizers
continue to be applied, methods
shall be used that have been shown
to reduce ammonia emissions by at
least 30% compared with the use of
the reference method, as specified
in the Ammonia Guidance
Document;
Annex III – part 1 – section A – point 3 – point c
Annex III – part 2 – section A –
point 3 – point c
(c) where urea-based fertilizers
continue to be applied, using
methods[…] that have been shown
to reduce ammonia emissions by at
least 30% compared with the use of
the reference method, as specified
in the Ammonia Guidance
Document;
15532/15
Annex to the ANNEX
Comments
CM/mb/mv
DGE 1A
LIMITE
109
EN
Commission proposal
EP amendments
Council general approach
Amendment 101
Annex III – part 1 – section A – point 3 – point d
Annex III – part 2 – section A –
point 3 – point d
(d) inorganic fertilisers shall be
(d) inorganic fertilisers shall as far (d) spreading inorganic fertilisers
spread in line with the foreseeable
as possible be replaced by organic […] in line with the foreseeable
requirements of the receiving crop
requirements of the receiving crop
fertilisers. Where inorganic
or grassland with respect to
or grassland with respect to
fertilisers continue to be applied,
nitrogen and phosphorus, also
they shall be spread in line with the nitrogen and phosphorus, also
taking into account the existing
foreseeable requirements of the
taking into account the existing
nutrient content in the soil and the
receiving crop or grassland with
nutrient content in the soil and the
nutrients from other fertilizers.
respect to nitrogen and phosphorus, nutrients from other fertilizers.
also taking into account the existing
nutrient content in the soil and the
nutrients from other fertilizers.
Amendment 101
Annex III – part 1 – section A – point 4
Annex III – part 2 – section A –
point 4
4. Member States shall by 1
4. Member States may […] reduce
January 2022 reduce ammonia
ammonia emissions from livestock
emissions from livestock manure by
manure by using the following
using the following approaches:
approaches:
(a) reduce emissions from slurry
and solid manure application to
arable land and grassland, by using
methods that reduce emissions by at
least 30 % compared with the
reference method described in the
Ammonia Guidance Document and
15532/15
Annex to the ANNEX
Comments
(a) reducing emissions from slurry
and solid manure application to
arable land and grassland, by using
methods that reduce emissions by at
least 30 % compared with the
reference method described in the
Ammonia Guidance Document and
CM/mb/mv
DGE 1A
LIMITE
110
EN
Commission proposal
on the following conditions:
(i) manures and slurries shall only
be spread in line with the
foreseeable nutrient requirement of
the receiving crop or grassland with
respect to nitrogen and
phosphorous, also taking into
account the existing nutrient
content in the soil and the nutrients
from other fertilizers;
(ii) manures and slurries shall not be
spread when the receiving land is
water saturated, flooded, frozen or
snow covered;
(iii) slurries spread to grassland
shall be applied using a trailing
hose, trailing shoe or through
shallow or deep injection;
(iv) Manures and slurries spread to
arable land shall be incorporated
within the soil within four hours of
spreading.
EP amendments
Council general approach
on the following conditions:
(i) only spreading manures and
slurries […] in line with the
foreseeable nutrient requirement of
the receiving crop or grassland with
respect to nitrogen and
phosphorous, also taking into
account the existing nutrient
content in the soil and the nutrients
from other fertilizers;
(ii)not spreading manures and
slurries […] when the receiving
land is water saturated, flooded,
frozen or snow covered;
(iii) applying slurries spread to
grassland […] using a trailing hose,
trailing shoe or through shallow or
deep injection;
(iv) incorporating manures and
slurries spread to arable land […]
within the soil within four hours of
spreading.
(b) reducing emissions from manure
storage outside of animal houses,
by using the following approaches:
(i) for slurry stores constructed after
1st January 2022, using low
emission storage systems or
techniques […] which have been
shown to reduce ammonia
(b) reduce emissions from manure
storage outside of animal houses,
by using the following approaches:
i) for slurry stores constructed
after 1st January 2022, low emission
storage systems or techniques shall
be used which have been shown to
reduce ammonia emissions by at
15532/15
Annex to the ANNEX
Comments
CM/mb/mv
DGE 1A
LIMITE
111
EN
Commission proposal
least 60% compared with the
reference method described in the
Ammonia Guidance Document, and
for existing slurry stores at least
40%;
(ii) for stores for solid manure, the
stores shall be covered;
(iii) farms shall have sufficient
manure storage capacity to spread
manure only during periods that are
suitable for crop growth.
EP amendments
Council general approach
emissions by at least 60%
compared with the reference
method described in the Ammonia
Guidance Document, and for
existing slurry stores at least 40%;
(ii) covering stores for solid
manure […];
(iii) ensure farms […] have
sufficient manure storage capacity
to spread manure only during
periods that are suitable for crop
growth.
(c) reduce emissions from animal
housing, by using systems which
have been shown to reduce
ammonia emissions by at least 20%
compared with the reference
method described in the Ammonia
Guidance Document.
(c) reducing emissions from animal
housing, by using systems which
have been shown to reduce
ammonia emissions by at least 20%
compared with the reference
method described in the Ammonia
Guidance Document.
(d) Reduce emissions from manure,
by using low protein feeding
strategies which have been shown
to reduce ammonia emissions by at
least 10% compared with the
reference method described in the
Ammonia Guidance Document.
(d) reducing emissions from
manure, by using low protein
feeding strategies which have been
shown to reduce ammonia
emissions by at least 10%
compared with the reference
method described in the Ammonia
Guidance Document.
15532/15
Annex to the ANNEX
Comments
CM/mb/mv
DGE 1A
LIMITE
112
EN
Commission proposal
15532/15
Annex to the ANNEX
EP amendments
Council general approach
Amendment 108
Annex III – part 1 – section A a (new)
Aa. Measures to control emissions
of nitrogen oxides and particulate
matter in urban areas
In consultation with local and
regional authorities, Member
States shall consider the following
measures:
- sustainable urban mobility plans
including measures such as low
emission zones, congestion
pricing, parking controls, speed
limits, car sharing schemes and
roll-out of alternative charging
infrastructure;
- promotion of modal shift to
increase the use of cycling,
walking and public transport;
- sustainable urban freight plans
such as the introduction of
consolidation centres plus
measures to encourage a shift of
regional freight from road to
electric rail and water;
- using the planning system to
address emissions from new
development and boiler systems;
retrofit energy efficiency
measures to existing buildings;
- retrofitting schemes to promote
Comments
CM/mb/mv
DGE 1A
LIMITE
113
EN
Commission proposal
15532/15
Annex to the ANNEX
EP amendments
the replacement of old domestic
combustion installations with
better home insulation, heat
pumps, light fuel oil, new wood
pellet installations, district
heating or gas;
- economic and fiscal incentives
to encourage the uptake of low
emitting heating appliances;
- banning of solid-fuel burning in
residential areas and other
sensitive areas to protect the
health of vulnerable groups
including children;
- ensure emissions from
construction are minimised by
introducing and enforcing
policies to reduce and monitor
construction dust, and set
emissions limits for Non Road
Mobile Machinery (NRMM)
- revision of vehicle taxation rates
in recognition of the higher realworld emissions from diesel cars
and gasoline direct injection
vehicles to encourage sales of less
polluting vehicles;
- public procurement and fiscal
incentives to encourage early
uptake of ultra-low emission
vehicles;
Council general approach
Comments
CM/mb/mv
DGE 1A
LIMITE
114
EN
Commission proposal
1. Member States shall shall ban
open field burning of agricultural
harvest residue and waste and forest
residue, and shall monitor and
enforce its implementation. Any
exemptions to such a ban shall be
limited to preventive programs to
avoid uncontrolled wildfires, to
control pest or to protect
biodiversity.
15532/15
Annex to the ANNEX
EP amendments
- support for retrofit of UNECE
REC Class IV particulate filters
on diesel machines, trucks, buses
and taxis;
- regulate emissions from
construction machines and other
non-road mobile machinery
operating in densely populated
areas (including through the
retrofit);
- awareness raising campaigns
and alerts.
Council general approach
Comments
Annex III – part 1 – section B – point 1
Annex III – part 2 – section B –
point 1
1. Without prejudice to Regulation
1306/2013 (Annex II) 1 Member
States may, […] ban open field
burning of agricultural harvest
residue and waste and forest
residue, and shall monitor and
enforce its implementation. Any
exemptions to such a ban shall be
limited to preventive programs to
avoid uncontrolled wildfires, to
control pest or to protect
biodiversity.
_______________
1 Annex II on "cross compliance"
of Regulation (EU) No 1306/2013
CM/mb/mv
DGE 1A
LIMITE
115
EN
Commission proposal
2. Member States shall establish a
national advisory code of good
agricultural practices for the proper
management of harvest residue, on
the basis of the following
approaches:
1. In taking the measures outlined
in sections A and B above, Member
States should ensure that impacts
on small and micro farms are fully
taken into account. Member States
may, for instance, exempt them
from those measures where possible
15532/15
Annex to the ANNEX
EP amendments
Council general approach
of the European Parliament and of
the Council of 17 December 2013
on the financing, management and
monitoring of the common
agricultural policy and repealing
Council Regulations (EEC)
No 352/78, (EC) No 165/94, (EC)
No 2799/98, (EC) No 814/2000,
(EC) No 1290/2005 and (EC) No
485/2008; OJ L 347, 20.12.2013, p.
549–607.
Comments
Annex III – part 1 – section B – point 2
Annex III – part 2 – section B –
point 2 (chapeau)
2. Member States may […]
establish a national advisory code
of good agricultural practices for
the proper management of harvest
residue, on the basis of the
following approaches:
Annex III - part 1 – section C
Annex III - part 2 – section C
In taking the measures outlined in
sections A and B above, Member
States […] shall ensure that impacts
on small and micro farms are fully
taken into account. Member States
may, for instance, exempt them
from those measures where possible
CM/mb/mv
DGE 1A
LIMITE
116
EN
Commission proposal
and appropriate in view of the
applicable reduction commitments.
(i) the policy priorities and their
relationship to priorities set in other
relevant policy areas, including
climate change;
(b) the policy options considered to
meet the emission reduction
commitments for 2020 and 2030
onwards and the intermediate
emission levels determined for
2025 and to contribute to further
15532/15
Annex to the ANNEX
EP amendments
Council general approach
and appropriate in view of the
applicable reduction commitments.
Amendment 109
Annex III – part 1 – section C a (new)
Ca. Emission reduction measures to
restrict hydrocarbon emissions
Member States shall reduce emissions
of non-methane volatile organic
compounds (NMVOC) by promoting
the use of modern emission-free tube
technologies that are used in various
sectors.
Amendment 110
Annex III – part 2 – point 1 – point a – point i
(i) the policy priorities and their
relationship to priorities set in other
relevant policy areas, including
agriculture, rural economic,
industrial, mobility and
transport, conservation of
nature and climate change;
Amendment 111
Annex III – part 2 – point 1 – point b
Annex III – part 1 – point 1 –
point b
(b) the policy options considered to (b) the policy options considered
meet the emission reduction
to meet the emission reduction
commitments for 2020, 2025 and
commitments for 2020 and 2030
2030 to contribute to further
onwards and the intermediate
improve the air quality, and their
emission levels determined for
analysis, including the method of
2025 and to contribute to further
Comments
CM/mb/mv
DGE 1A
LIMITE
117
EN
Commission proposal
improve the air quality, and their
analysis, including the method of
analysis; the individual or
combined impacts of the polices
and measures on emission
reductions, air quality and the
environment; and the associated
uncertainties;
(d) where relevant, an explanation
of the reasons why the
intermediate emission levels for
2025 cannot be met without
measures entailing
disproportionate costs;
EP amendments
analysis; the individual or
combined impacts of the policies
and measures on emission
reductions, air quality and the
environment; and the associated
uncertainties;
Council general approach
improve the air quality, and their
analysis, including the method of
analysis; where available, the
individual or combined impacts of
the polices and measures on
emission reductions, air quality and
the environment[…] and the
associated uncertainties;
Amendment 112
Annex III – part 2 – point 1 – point d
Annex III – part 1 – point 1 –
point d
(d) an explanation of the measures
(d) where relevant, an explanation
taken to achieve national emission of the reasons why the […]
reduction commitments;
indicative emission levels for 2025
cannot be met without measures
entailing disproportionate costs;
Comments
Amendment 113
Annex III – part 2 – point 1 – point d a (new)
Annex III – part 1 – point 1 –
point d a (new)
(da) where relevant, an account of
(da) an explanation of the
the use of flexibilities set out in
methodology used to ensure that
Article 5 and any environmental
measures to achieve national
reduction commitments for PM2.5 consequences;
prioritise reduction of black
carbon emissions;
15532/15
Annex to the ANNEX
CM/mb/mv
DGE 1A
LIMITE
118
EN
Commission proposal
(e) an assessment of how selected
policies and measures ensure
coherence with plans and
programmes set up in other relevant
policy areas.
(a) an assessment of the progress
made with implementation of the
programme, the reduction of
emissions and the reduction of
concentrations;
15532/15
Annex to the ANNEX
EP amendments
Council general approach
Amendment 114
Annex III – part 2 – point 1 – point e
(e) an assessment of how selected
policies and measures ensure
coherence with plans and
programmes set up in other relevant
policy areas in particular, but not
limited to, air quality plans under
Directive 2008/50/EC, transitional
national plans and inspection
plans under Directive 2010/75/EC,
national energy efficiency action
plans under Directive 2012/27/EU,
national renewable energy action
plans under Directive 2009/28/EC,
and relevant plans or programmes
subject to the requirements of
Directive 2001/42/EC or
equivalent provisions in successor
legislation.
Amendment 115
Annex III – part 2 – point 2 – point a
(a) an assessment of the progress
made with implementation of the
programme, the reduction of
emissions, the reduction of
concentrations and associated
environmental, public health and
socio-economic benefits;
Comments
CM/mb/mv
DGE 1A
LIMITE
119
EN
Commission proposal
(b) any significant changes in the
policy context, assessments, the
programme or the implementation
time table.
15532/15
Annex to the ANNEX
EP amendments
Council general approach
Amendment 116
Annex III – part 2 – point 2 – point b
(b) any significant changes in the
policy context, assessments
(including the results of the
inspections and market
surveillance carried out in
accordance with Article 6(2b), the
programme or the implementation
time table.
Amendment 117
Annex III – part 2 – point 2 – point b a (new)
(ba) an assessment of the progress
made towards the achievement of
the Union's long-term health and
environmental objectives, in light
of any necessary update of those
objectives, including any new air
quality guidelines set by the World
Health Organisation;
Amendment 118
Annex III – part 2 – point 2 – point b b (new)
(bb) Where a national air pollution
control programme is updated in
accordance with Article 6(4), it
must include information on all
additional air pollution abatement
measures that have been
considered at appropriate local,
regional or national level for
implementation in connection with
Comments
CM/mb/mv
DGE 1A
LIMITE
120
EN
Commission proposal
EP amendments
the attainment of emission
reduction commitments and air
quality objectives, including those
outlined in Annex III of this
Directive and paragraph 3 of
Annex XV (B) to Directive
2008/50/EC.
Council general approach
For the pollutants referred to in
Annex I, other than CH4, Member
States shall establish emission
inventories, adjusted emission
inventories, projections and
informative inventory reports using
the methodologies adopted by
Parties to the LRTAP Convention
(EMEP Reporting Guidelines) and
are requested to use the
EMEP/EEA Guidebook referred to
therein. In addition, supplementary
information, in particular the
activity data, needed for the
assessment of the inventories and
projections shall be prepared in
accordance with the same
guidelines.
Annex IV – introductory part
For the pollutants referred to in
Annex I, […] Member States shall
[…] prepare emission inventories,
adjusted emission inventories
where relevant, projections and
informative inventory reports using
the methodologies adopted by
Parties to the LRTAP Convention
(EMEP Reporting Guidelines) and
are requested to use the
EMEP/EEA Guidebook referred to
therein. In addition, supplementary
information, in particular the
activity data, needed for the
assessment of the inventories and
projections shall be prepared in
accordance with the same
guidelines.
Reliance upon the EMEP Reporting
Guidelines is without prejudice to
the additional modalities specified
Reliance upon the EMEP Reporting
Guidelines is without prejudice to
the additional modalities specified
15532/15
Annex to the ANNEX
Comments
CM/mb/mv
DGE 1A
LIMITE
121
EN
Commission proposal
in this Annex and to the
requirements on reporting
nomenclature, time series and
reporting dates specified in
Annex I.
4. Emissions from road vehicle
transport shall be calculated and
reported on the basis of the fuel
sold in the Member State
concerned. In addition, Member
States may also report emissions
from road vehicles based on fuel
used or kilometres driven in the
Member State.
(b) the results of sensitivity
analysis performed for the
projections;
15532/15
Annex to the ANNEX
EP amendments
Council general approach
in this Annex and to the
requirements on reporting
nomenclature, time series and
reporting dates specified in
Annex I.
Comments
Annex IV – part 1 – point 4 (new footnote)
4. Emissions from road vehicle
transport shall be calculated and
reported on the basis of the fuel
sold 24 in the Member State
concerned. In addition, Member
States may also report emissions
from road vehicles based on fuel
used or kilometres driven in the
Member State.
________________
24
Member States having the
choice to use the national emission
total calculated on the basis of fuels
used as a basis for compliance
under the LRTAP Convention may
keep this option in order to ensure
coherence between international
and EU law.
Annex IV – part 2 – point 1 – point b
(b) where appropriate, the results
of sensitivity analysis performed for
the projections;
CM/mb/mv
DGE 1A
LIMITE
122
EN
Commission proposal
EP amendments
Council general approach
3. Projections shall be consistent
with the latest national annual
emission inventory and with
projections reported under
Regulation No 525/2013.
Annex IV –part 2 – point 3
3. Projections shall be consistent
with the […] national annual
emission inventory for the
year x-3 and with projections
reported under Regulation No
525/2013.
(f) if relevant, information on the
use of the flexibilities provided for
under Article 5(1) and (3);
Annex IV –part 3 – point f
(f) if relevant, information on the
use of the flexibilities provided for
under Article 5(1) (1a), 1(b) and
(2a)[…];
1. A Member State that proposes
an adjustment to its national
emission inventory in accordance
with the provision of article 5(3)
shall include in its proposal to the
Commission, at least, the following
supporting documentation:
Annex IV – part 4 – point 1
1. A Member State that proposes
an adjustment to its national
emission inventory in accordance
with the provision of article 5 ([…]
1) shall include in its proposal to
the Commission, at least, the
following supporting
documentation:
As from 2025, emission factors
significantly different than expected
from the implementation of a given
norm or standard shall not be
considered for the adjustment.
15532/15
Annex to the ANNEX
Comments
Annex IV – part 4 – point ii – last indent
[…]
CM/mb/mv
DGE 1A
LIMITE
123
EN
Commission proposal
3. Member States shall recalculate
adjusted emissions to ensure
consistency of the time series for
every year that the adjustment(s)
are applied.
Monitoring of effects of pollutants
in the environment
1. Member States shall ensure that
their network of monitoring sites is
representative of their fresh water,
natural and semi-natural as well as
forest ecosystems types.
2. Member States shall ensure that
the monitoring is based upon the
following mandatory indicators at
all sites of the network defined in
paragraph 1:
(a) for freshwater ecosystems:
establishing the extent of biological
damage, including sensitive
15532/15
Annex to the ANNEX
EP amendments
Council general approach
Comments
Annex IV – part 4 – point 3
3. Member States shall recalculate
adjusted emissions to ensure
consistency, to the extent possible,
of the time series for every year that
the adjustment(s) are applied.
Annex V – title
Optional indicators for monitoring
[…] air pollution impacts referred
to in Article 8.
Annex V – point 1
1. […]
Annex V – point 2 – chapeau
2. […]
Annex V – point 2 –point a
(a) for freshwater ecosystems:
establishing the extent of biological
damage, including sensitive
CM/mb/mv
DGE 1A
LIMITE
124
EN
Commission proposal
receptors (micro- and macrophytes
and diatoms), and loss of fish stock
or invertebrates:
the key indicator acid neutralising
capacity (ANC) and the supporting
indicators acidity (pH), dissolved
sulphate (SO4), nitrate (NO3) and
dissolved organic carbon with a
minimum frequency of sampling
from yearly (in lake autumn
turnover) to monthly (streams).
(b) for terrestrial ecosystems:
assessing the soil acidity, soil
nutrients loss, nitrogen status and
balance as well as biodiversity loss:
EP amendments
Council general approach
receptors (micro- and macrophytes
and diatoms), and loss of fish stock
or invertebrates:
the key indicator acid neutralising
capacity (ANC) and the supporting
indicators acidity (pH), dissolved
sulphate (SO4), nitrate (NO3) and
dissolved organic carbon […]
frequency of sampling : from
yearly (in lake autumn turnover) to
monthly (streams).
Annex V – point 2 – point b
(b) for terrestrial ecosystems:
assessing the soil acidity, soil
nutrients loss, nitrogen status and
balance as well as biodiversity loss:
(i) the key indicator soil acidity:
exchangeable fractions of base
cations (base saturation) and
exchangeable aluminium in soils
every ten years and the supporting
indicators, pH, sulphate, nitrate,
base cations, aluminium
concentrations in soil solution
every year (where relevant);
(i) the key indicator soil acidity:
exchangeable fractions of base
cations (base saturation) and
exchangeable aluminium in soils
frequency of sampling: every ten
years; […] supporting indicators :
pH, sulphate, nitrate, base cations,
aluminium concentrations in soil
solution frequency of sampling:
every year (where relevant);
(ii) the key indicator soil nitrate
leaching (NO3,leach) every year;
(ii)the key indicator soil nitrate
leaching (NO3,leach) frequency of
15532/15
Annex to the ANNEX
Comments
CM/mb/mv
DGE 1A
LIMITE
125
EN
Commission proposal
EP amendments
Council general approach
sampling: every year;
(iii) the key indicator carbonnitrogen ratio (C/N) and the
supporting indicator of total
nitrogen in soil (Ntot), every ten
years;
(iii) the key indicator carbonnitrogen ratio (C/N) and the
supporting indicator of total
nitrogen in soil (Ntot), frequency of
sampling: every ten years;
(iv) the key indicator nutrient
balance in foliage (N/P,N/K,
N/Mg) every four years.
(iv) the key indicator nutrient
balance in foliage (N/P,N/K, N/Mg)
frequency of sampling: every four
years.
(c) for terrestrial ecosystems:
assessing ozone damage to
vegetation growth and biodiversity:
Annex V – point c
(c) for terrestrial ecosystems:
assessing ozone damage to
vegetation growth and biodiversity:
(i) the key indicator vegetation
growth and foliar damage and the
supporting indicator carbon flux
(Cflux) every year;
(i) the key indicator vegetation
growth and foliar damage and the
supporting indicator carbon flux
(Cflux) frequency of sampling: every
year;
(ii) the key indicator exceedence
of flux-based critical levels every
year during the growing season;
(ii)the key indicator exceedence of
flux-based critical levels
frequency of sampling: every year
during the growing season
15532/15
Annex to the ANNEX
Comments
CM/mb/mv
DGE 1A
LIMITE
126
EN
Commission proposal
3. Member States shall use the
methodologies on the Convention
on Long-Range Transboundary Air
Pollution and its Manuals for the
International Cooperative
Programmes when collecting and
reporting1 the information covered
by paragraph 2.
______________
1 Decision 2008/1,
ECE/EB.AIR/wg.1/2008/16
EP amendments
Council general approach
Comments
Annex V – point 3
3. […]
PM: ANNEX VI - Correlation Table
15532/15
Annex to the ANNEX
CM/mb/mv
DGE 1A
LIMITE
127
EN