Council of the
European Union
Brussels, 23 November 2015
(OR. en, fr)
13919/15
ADD 2
Interinstitutional File:
2013/0443 (COD)
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ENV 684
ENER 382
IND 177
TRANS 357
ENT 239
SAN 370
PARLNAT 129
CODEC 1495
NOTE
From:
To:
General Secretariat of the Council
Delegations
No. prev. doc.:
13649/15 ENV 668 ENER 375 IND 169 TRANS 351 ENT 234 SAN 359
PARLNAT 124 CODEC 1455
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
Comments from delegations
Delegations will find in the Annex comments received from France and Finland on the Presidency
compromise text (document 13649/15) concerning the abovementioned proposal.
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Article 5
New article 5.2 bis
For those cases where the reduction commitment in Annex II is set at a more stringent level than the
cost-effective reduction identified in the TSAP16 report, and where an assessment shows that in a
particular year the relevant emission reduction commitment cannot be achieved with cost efficient
measures, the Member State may choose to compensate the excess emissions of the pollutant in
question by additional scientifically validated emission reductions of another pollutant. This
compensation can be applied providing that following conditions are met:
a)
b)
emissions used for compensation shall be below the agreed emission ceiling and
the overall PMeq reduction for the MS concerned, as determined by the reduction
commitments in Annex II, is not exceeded.
Detailed rules for the compensation can be specified in implementing act according to article 5.6.
4.
Member States that intend to apply paragraphs 1a, 2a and 2bis shall inform the Commission
by 15 February of the reporting year concerned. The information shall include the pollutants
and sectors concerned and, where available, the magnitude of impacts upon national
inventories.
Justification
As a principle, the national emission reduction commitments proposed for 2030 have been derived
from a cost-effectiveness analysis of potential emission reduction possibilities. In case the emission
reduction commitment proposed in the NECD is higher than what the cost-effectiveness analysis
indicates, the Member State concerned should be given a possibility for domestic emission
swapping to compensate for higher emissions of a pollutant by additional reductions of another
pollutant, based on agreed formula of equivalence. The use of this measure should not undermine
the overall health and environment impacts of the directive. The detailed rules, including the extent
to which such a compensation could be used, will be specified in an implementing act.
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