+DIRECTIVE (EU) 2016/2284 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (Text with EEA relevance)
---+Article 1 Objectives and subject matter
------+Article 1 1.
------+Article 1 2.
---+Article 2 Scope
------+Article 2 1.
------+Article 2 2.
---+Article 3 Definitions
---+Article 4 National emission reduction commitments
------+Article 4 1.
------+Article 4 2.
------+Article 4 3.
---+Article 5 Flexibilities
------+Article 5 1.
------+Article 5 2.
------+Article 5 3.
------+Article 5 4.
------+Article 5 5.
------+Article 5 6.
------+Article 5 7.
------+Article 5 8.
---+Article 6 National air pollution control programmes
------+Article 6 1.
------+Article 6 2.
------+Article 6 3.
------+Article 6 4.
------+Article 6 5.
------+Article 6 6.
------+Article 6 7.
------+Article 6 8.
------+Article 6 9.
------+Article 6 10.
---+Article 7 Financial support
---+Article 8 National emission inventories and projections, and informative inventory reports
------+Article 8 1.
------+Article 8 2.
------+Article 8 3.
------+Article 8 4.
------+Article 8 5.
------+Article 8 6.
------+Article 8 7.
---+Article 9 Monitoring air pollution impacts
------+Article 9 1.
------+Article 9 2.
------+Article 9 3.
---+Article 10 Reporting by Member States
------+Article 10 1.
------+Article 10 2.
------+Article 10 3.
------+Article 10 4.
---+Article 11 Reports by the Commission
------+Article 11 1.
------+Article 11 2.
---+Article 12 European Clean Air Forum
---+Article 13 Review
------+Article 13 1.
------+Article 13 2.
------+Article 13 3.
---+Article 14 Access to information
------+Article 14 1.
------+Article 14 2.
------+Article 14 3.
---+Article 15 Cooperation with third countries and coordination within international organisations
---+Article 16 Exercise of the delegation
------+Article 16 1.
------+Article 16 2.
------+Article 16 3.
------+Article 16 4.
------+Article 16 5.
------+Article 16 6.
---+Article 17 Committee procedure
------+Article 17 1.
------+Article 17 2.
---+Article 18 Penalties
---+Article 19 Amendment to Directive 2003/35/EC
---+Article 20 Transposition
------+Article 20 1.
------+Article 20 2.
---+Article 21 Repeal and transitional provisions
------+Article 21 1.
------+Article 21 2.
---+Article 22 Entry into force
---+Article 23 Addressees
---+ANNEX I
---+ANNEX II
---+ANNEX III
---+ANNEX IV
---+ANNEX V
---+ANNEX VI
---+Declaration by the Commission on the Review of Methane Emissions
English - European Union - Environment -

DIRECTIVE (EU) 2016/2284 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (Text with EEA relevance)

DIRECTIVE (EU) 2016/2284 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 14 December 2016

on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC

(Text with EEA relevance)

1. Panoramica

,
Titolo Regolamentazione
Article 1 Objectives and subject matter
Article 2 Scope
Article 3 Definitions

Article 3

Definitions

For the purposes of this Directive, the following definitions apply:

(1) 

‘emission’ means the release of a substance from a point or diffuse source into the atmosphere;

(2) 

‘anthropogenic emissions’ means atmospheric emissions of pollutants associated with human activities;

(3) 

‘ozone precursors’ means nitrogen oxides, non-methane volatile organic compounds, methane, and carbon monoxide;

(4) 

‘air quality objectives’ means the limit values, target values and exposure concentration obligations for air quality set out in Directive 2008/50/EC and Directive 2004/107/EC of the European Parliament and of the Council ( 1 );

(5) 

‘sulphur dioxide’ or ‘SO2’ means all sulphur compounds expressed as sulphur dioxide, including sulphur trioxide (SO3), sulphuric acid (H2SO4), and reduced sulphur compounds such as hydrogen sulphide (H2S), mercaptans and dimethyl sulphides;

(6) 

‘nitrogen oxides’ or ‘NOx’ means nitric oxide and nitrogen dioxide, expressed as nitrogen dioxide;

(7) 

‘non-methane volatile organic compounds’ or ‘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;

(8) 

‘fine particulate matter’ or ‘PM2,5’ means particles with an aerodynamic diameter equal to or less than 2,5 micrometres (μm);

(9) 

‘black carbon’ or ‘BC’ means carbonaceous particulate matter that absorbs light;

(10) 

‘national emission reduction commitment’ means the Member States' obligation in the reduction of emissions of a substance; it specifies the emission reduction that as a minimum has to be delivered in the target calendar year, as a percentage of the total of emissions released during the base year (2005);

(11) 

‘landing and take-off cycle’ means the cycle that includes taxi in and out, take-off, climb out, approach, landing and all other aircraft activities that take place below the altitude of 3 000 feet;

(12) 

‘international maritime traffic’ means journeys at sea and in coastal waters by water-borne vessels of all flags, except fishing vessels, that depart from the territory of one country and arrive in the territory of another country;

(13) 

‘pollution control zone’ means a sea area not exceeding 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, established by a Member State for the prevention, reduction and control of pollution from vessels in accordance with applicable international rules and standards;

(14) 

‘Union source-based air pollution control legislation’ means Union legislation which aims at reducing the emissions of air pollutants covered by this Directive by undertaking mitigation measures at the source.

Article 4 National emission reduction commitments
Article 5 Flexibilities
Article 6 National air pollution control programmes
Article 7 Financial support

Article 7

Financial support

The Commission shall endeavour to facilitate access to existing Union funds, in accordance with the legal provisions governing those funds, in order to support the measures to be taken with a view to complying with the objectives of this Directive.

Those Union funds include present and future available funding under, inter alia:

(a) 

the Framework Programme for Research and Innovation;

(b) 

the European Structural and Investment Funds, including relevant funding under the common agricultural policy;

(c) 

instruments for the funding of environment and climate action such as the LIFE programme.

The Commission shall evaluate the possibility of creating a one-stop shop, where any interested party can easily check the availability of Union funds, and the related access procedures, for projects which address air pollution concerns.

Article 8 National emission inventories and projections, and informative inventory reports
Article 9 Monitoring air pollution impacts
Article 10 Reporting by Member States
Article 11 Reports by the Commission
Article 12 European Clean Air Forum

Article 12

European Clean Air Forum

The Commission shall set up a European Clean Air Forum to provide input for guidance and facilitate the coordinated implementation of Union legislation and policies related to improving air quality, bringing together all stakeholders including competent authorities of the Member States at all relevant levels, the Commission, industry, civil society, and the scientific community at regular intervals. The European Clean Air Forum shall exchange experience and good practices, including on emission reductions from domestic heating and road transport, that can inform and enhance the national air pollution control programmes and their implementation.

Article 13 Review
Article 14 Access to information
Article 15 Cooperation with third countries and coordination within international organisations

Article 15

Cooperation with third countries and coordination within international organisations

The Union and the Member States, as appropriate, shall pursue, without prejudice to Article 218 TFEU, bilateral and multilateral cooperation with third countries and coordination within relevant international organisations such as the United Nations Environment Programme (UNEP), UNECE, the Food and Agriculture Organization of the United Nations (FAO), the International Maritime Organization (IMO) and the International Civil Aviation Organization (ICAO), including through the exchange of information, concerning technical and scientific research and development, with the aim of improving the basis for the facilitation of emission reductions.

Article 16 Exercise of the delegation
Article 17 Committee procedure
Article 18 Penalties

Article 18

Penalties

Member States shall lay down the rules on penalties applicable to infringements of 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.

Article 19 Amendment to Directive 2003/35/EC

Article 19

Amendment to Directive 2003/35/EC

In Annex I of Directive 2003/35/EC, the following point is added:

‘(g) Article 6(1) of Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC ( *1 ).

Article 20 Transposition
Article 21 Repeal and transitional provisions
Article 22 Entry into force

Article 22

Entry into force

This Directive shall enter into force on 31 December 2016.

Article 23 Addressees

Article 23

Addressees

This Directive is addressed to the Member States.

ANNEX I




ANNEX I

MONITORING AND REPORTING OF ATMOSPHERIC EMISSIONS



Table A

Annual emission reporting requirements as referred to in the first subparagraph of Article 8(1)

Element

Pollutants

Time series

Reporting dates

Total national emissions by NFR (1) source category (2)

— SO2, NOx, NMVOC, NH3, CO

— heavy metals (Cd, Hg, Pb) (3)

— POPs (4) (total PAHs (5), benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, indeno(1,2,3-cd)pyrene, dioxins/furans, PCBs (6), HCB (7))

Annual, from 1990 to reporting year minus 2 (X-2)

15 February (9)

Total national emissions by NFR source category (2)

—  PM2,5, PM10 (8) and, if available, BC

Annual, from 2000 to reporting year minus 2 (X-2)

15 February (9)

(1)   

Nomenclature for reporting (NFR) as provided by the LRTAP Convention.

(2)   

natural emissions shall be reported in accordance with the methodologies laid down in 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.

(3)   

Cd (cadmium), Hg (mercury), Pb (lead).

(4)   

POPs (persistent organic pollutants).

(5)   

PAHs (Polycyclic aromatic hydrocarbons).

(6)   

PCBs (Polychlorinated biphenyls).

(7)   

HCB (hexachlorobenzene).

(8)   

‘PM10’ means particles with an aerodynamic diameter equal to or less than 10 micrometres (μm).

(9)   

re-submissions due to errors shall be provided within four weeks at the latest and include a clear explanation of the changes made.



Table B

Annual emission reporting requirements as referred to in the second subparagraph of Article 8(1)

Element

Pollutants

Time series

Reporting date

Total national emissions by NFR source category (1)

— heavy metals (As, Cr, Cu, Ni, Se and Zn and their compounds) (2)

— TSP (3)

Annual, from 1990 (2000 for TSP,) to reporting year minus 2 (X-2)

15 February

(1)   

natural emissions shall be reported in accordance with the methodologies laid down in 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.

(2)   

As (arsenic), Cr (chromium), Cu (copper), Ni (nickel), Se (selenium), Zn (zinc).

(3)   

TSP (total suspended particles).

▼M1



Table C

Reporting requirements for emissions and projections as referred to in Article 8(2)

Element

Pollutants

Time series/target years

Reporting dates

National gridded data of emissions 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)

Every four years for reporting year minus 2 (X-2)

as from 2017

1 May (1)

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)

Every four years for reporting year minus 2 (X-2)

as from 2017

1 May (1)

Projected emissions by NFR source category

— SO2, NOx, NH3, NMVOC, PM2,5 and, if available, BC

Biennial, covering projection years 2020, 2025, 2030 and, where available, 2040 and 2050

as from 2017

15 March

(1)   

Re-submissions due to errors shall be provided within four weeks and include a clear explanation of the changes made.

▼B



Table D

Annual reporting requirements on informative inventory report referred to in Article 8(3)

Element

Pollutants

Time series/target years

Reporting dates

Informative Inventory Report

— SO2, NOx, NMVOC, NH3, CO, PM2,5, PM10

— heavy metals (Cd, Hg, Pb) and BC

— POPs (total PAHs, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, indeno(1,2,3-cd)pyrene, dioxins/furans, PCBs, HCB)

— If available, heavy metals (As, Cr, Cu, Ni, Se and Zn and their compounds) and TSP

All years

(as indicated in tables A-B-C)

15 March

ANNEX II




ANNEX II

NATIONAL EMISSION REDUCTION COMMITMENTS



Table A

Member State

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

Belgium

43 %

 

66 %

41 %

 

59 %

21 %

 

35 %

Bulgaria

78 %

 

88 %

41 %

 

58 %

21 %

 

42 %

Czech Republic

45 %

 

66 %

35 %

 

64 %

18 %

 

50 %

Denmark

35 %

 

59 %

56 %

 

68 %

35 %

 

37 %

Germany

21 %

 

58 %

39 %

 

65 %

13 %

 

28 %

Estonia

32 %

 

68 %

18 %

 

30 %

10 %

 

28 %

Greece

74 %

 

88 %

31 %

 

55 %

54 %

 

62 %

Spain

67 %

 

88 %

41 %

 

62 %

22 %

 

39 %

France

55 %

 

77 %

50 %

 

69 %

43 %

 

52 %

Croatia

55 %

 

83 %

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 %

 

50 %

43 %

 

83 %

29 %

 

42 %

Hungary

46 %

 

73 %

34 %

 

66 %

30 %

 

58 %

Malta

77 %

 

95 %

42 %

 

79 %

23 %

 

27 %

Netherlands

28 %

 

53 %

45 %

 

61 %

8 %

 

15 %

Austria

26 %

 

41 %

37 %

 

69 %

21 %

 

36 %

Poland

59 %

 

70 %

30 %

 

39 %

25 %

 

26 %

Portugal

63 %

 

83 %

36 %

 

63 %

18 %

 

38 %

Romania

77 %

 

88 %

45 %

 

60 %

25 %

 

45 %

Slovenia

63 %

 

92 %

39 %

 

65 %

23 %

 

53 %

Slovakia

57 %

 

82 %

36 %

 

50 %

18 %

 

32 %

Finland

30 %

 

34 %

35 %

 

47 %

35 %

 

48 %

Sweden

22 %

 

22 %

36 %

 

66 %

25 %

 

36 %

United Kingdom

59 %

 

88 %

55 %

 

73 %

32 %

 

39 %

EU 28

59 %

 

79 %

42 %

 

63 %

28 %

 

40 %

(*1)   

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 that option in order to ensure coherence between international and Union law.



Table B

Member State

NH3 reduction compared with 2005

PM2,5 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

Belgium

2 %

 

13 %

20 %

 

39 %

Bulgaria

3 %

 

12 %

20 %

 

41 %

Czech Republic

7 %

 

22 %

17 %

 

60 %

Denmark

24 %

 

24 %

33 %

 

55 %

Germany

5 %

 

29 %

26 %

 

43 %

Estonia

1 %

 

1 %

15 %

 

41 %

Greece

7 %

 

10 %

35 %

 

50 %

Spain

3 %

 

16 %

15 %

 

50 %

France

4 %

 

13 %

27 %

 

57 %

Croatia

1 %

 

25 %

18 %

 

55 %

Ireland

1 %

 

5 %

18 %

 

41 %

Italy

5 %

 

16 %

10 %

 

40 %

Cyprus

10 %

 

20 %

46 %

 

70 %

Latvia

1 %

 

1 %

16 %

 

43 %

Lithuania

10 %

 

10 %

20 %

 

36 %

Luxembourg

1 %

 

22 %

15 %

 

40 %

Hungary

10 %

 

32 %

13 %

 

55 %

Malta

4 %

 

24 %

25 %

 

50 %

Netherlands

13 %

 

21 %

37 %

 

45 %

Austria

1 %

 

12 %

20 %

 

46 %

Poland

1 %

 

17 %

16 %

 

58 %

Portugal

7 %

 

15 %

15 %

 

53 %

Romania

13 %

 

25 %

28 %

 

58 %

Slovenia

1 %

 

15 %

25 %

 

60 %

Slovakia

15 %

 

30 %

36 %

 

49 %

Finland

20 %

 

20 %

30 %

 

34 %

Sweden

15 %

 

17 %

19 %

 

19 %

United Kingdom

8 %

 

16 %

30 %

 

46 %

EU 28

6 %

 

19 %

22 %

 

49 %

(*1)   

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 that option in order to ensure coherence between international and Union law.

ANNEX III




ANNEX III

CONTENT OF NATIONAL AIR POLLUTION CONTROL PROGRAMMES REFERRED TO IN ARTICLES 6 AND 10

PART 1

Minimum content of national air pollution control programmes

1. The initial national air pollution control programmes referred to in Articles 6 and 10 shall at least cover the following content:

(a) 

the national air quality and pollution policy framework in which context the programme has been developed, including:

(i) 

the policy priorities and their relationship to priorities set in other relevant policy areas, including climate change and, when appropriate, agriculture, industry and transport;

(ii) 

the responsibilities attributed to national, regional and local authorities;

(iii) 

the progress made by current policies and measures in reducing emissions and improving air quality, and the degree of compliance with national and Union obligations;

(iv) 

the projected further evolution assuming no change to already adopted policies and measures;

(b) 

the policy options considered to comply with the emission reduction commitments for the period between 2020 and 2029 and for 2030 onwards and the intermediate emission levels determined for 2025 and to contribute to further improve the air quality, and their analysis, including the method of analysis; where available, the individual or combined impacts of the policies and measures on emission reductions, air quality and the environment and the associated uncertainties;

(c) 

the measures and policies selected for adoption, including a timetable for their adoption, implementation and review and the competent authorities responsible;

(d) 

where relevant, an explanation of the reasons why the indicative emission levels for 2025 cannot be met without measures entailing disproportionate costs;

(e) 

where relevant, an account of the use of the flexibilities set out in Article 5 and any environmental consequences arising from such use;

(f) 

an assessment of how selected policies and measures ensure coherence with plans and programmes set up in other relevant policy areas.

2. The national air pollution control programme updates referred to in Articles 6 and 10 shall at least include:

(a) 

an assessment of the progress made with implementation of the programme, the reduction of emissions and the reduction of concentrations;

(b) 

any significant changes in the policy context, assessments, the programme or the implementation timetable thereof.

PART 2

Emission reduction measures referred to in the second subparagraph of Article 6(2)

Member States shall take into account the relevant Ammonia Guidance Document, and shall make use of best available techniques in accordance with Directive 2010/75/EU.

A.   Measures to control ammonia emissions

1. Member States shall establish a national advisory code of good agricultural practice to control ammonia emissions, taking into account the UNECE Framework Code for Good Agricultural Practice for Reducing Ammonia Emissions of 2014, covering at least the following items:

(a) 

nitrogen management, taking into account the whole nitrogen cycle;

(b) 

livestock feeding strategies;

(c) 

low-emission manure spreading techniques;

(d) 

low-emission manure storage systems;

(e) 

low-emission animal housing systems;

(f) 

possibilities for limiting ammonia emissions from the use of mineral fertilisers.

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 ( 9 ).

3. Member States shall prohibit the use of ammonium carbonate fertilisers and may reduce ammonia emissions from inorganic fertilisers by using the following approaches:

(a) 

replacing urea-based fertilisers by ammonium nitrate-based fertilisers;

(b) 

where urea-based fertilisers 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;

(c) 

promoting the replacement of inorganic fertilisers by organic fertilisers and, where inorganic fertilisers continue to be applied, spreading them in line with the foreseeable requirements of the receiving crop or grassland with respect to nitrogen and phosphorus, also taking into account the existing nutrient content in the soil and nutrients from other fertilisers.

4. Member States may reduce ammonia emissions from livestock manure by using the following approaches:

(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 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 fertilisers;

(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 1 January 2022, using low emission storage systems or techniques which have been shown to reduce ammonia 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) 

ensuring farms have sufficient manure storage capacity to spread manure only during periods that are suitable for crop growth:

(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) 

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.

B.   Emission reduction measures to control emissions of fine particulate matter and black carbon

1. Without prejudice to Annex II on cross-compliance of Regulation (EU) No 1306/2013 of the European Parliament and of the Council ( 10 ), Member States may ban open field burning of agricultural harvest residue and waste and forest residue.

Member States shall monitor and enforce the implementation of any ban implemented in accordance with the first subparagraph. Any exemptions to such a ban shall be limited to preventive programmes to avoid uncontrolled wildfires, to control pest or to protect biodiversity.

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:

(a) 

improvement of soil structure through incorporation of harvest residue;

(b) 

improved techniques for incorporation of harvest residue;

(c) 

alternative use of harvest residue;

(d) 

improvement of the nutrient status and soil structure through incorporation of manure as required for optimal plant growth, thereby avoiding burning of manure (farmyard manure, deep-straw bedding).

C.   Preventing impacts on small farms

In taking the measures outlined in Sections A and B, Member States shall ensure that impacts on small and micro farms are fully taken into account.

Member States may, for instance, exempt small and micro farms from those measures where possible and appropriate in view of the applicable reduction commitments.

ANNEX IV




ANNEX IV

METHODOLOGIES FOR THE PREPARATION AND UPDATING OF NATIONAL EMISSION INVENTORIES AND PROJECTIONS, INFORMATIVE INVENTORY REPORTS AND ADJUSTED NATIONAL EMISSION INVENTORIES REFERRED TO IN ARTICLES 5 AND 8

For the pollutants referred to in Annex I, Member States shall prepare national emission inventories, adjusted national emission inventories where relevant, national emission projections, spatially disaggregated national emission inventories, large point source inventories 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 air pollutant emission inventory Guidebook (EMEP/EEA Guidebook) referred to therein. In addition, supplementary information, in particular the activity data, needed for the assessment of the national emission inventories and projections shall be prepared in accordance with the same guidelines.

Reliance upon the EMEP Reporting Guidelines is without prejudice to the additional arrangements specified in this Annex and to the requirements on reporting nomenclature, time series and reporting dates specified in Annex I.

PART 1

National annual emission inventories

1. National emission inventories shall be transparent, consistent, comparable, complete and accurate.

2. Emissions from identified key categories shall be calculated in accordance with the methodologies defined in the EMEP/EEA Guidebook and with the aim of using a Tier 2 or higher (detailed) methodology.

Member States may use other scientifically based and compatible methodologies for establishing national emission inventories where those methodologies produce more accurate estimates than the default methodologies set out in the EMEP/EEA Guidebook.

3. For emissions from transport, Member States shall calculate and report emissions consistent with national energy balances reported to Eurostat.

4. Emissions from road transport shall be calculated and reported on the basis of the fuels sold ( 11 ) in the Member State concerned. In addition, Member States may also report emissions from road transport based on fuels used or kilometres driven in the Member State.

5. Member States shall report their annual national emissions expressed in the applicable unit specified in the NFR reporting template of the LRTAP Convention.

PART 2

National emission projections

1. National emission projections shall be transparent, consistent, comparable, complete and accurate and reported information shall include at least the following:

(a) 

clear identification of the adopted and planned policies and measures included in the projections;

(b) 

where appropriate, the results of sensitivity analysis performed for the projections;

(c) 

a description of methodologies, models, underlying assumptions and key input and output parameters.

▼M1

2. Projections of emissions shall be estimated and reported by NFR source category. Where not possible due to lack of sufficiently detailed data, a justification for reporting at a more aggregated level shall be included in the Informative Inventory Report. Member States shall provide a ‘with measures’ (adopted measures) projection and, where relevant, a ‘with additional measures’ (planned measures) projection for each pollutant in accordance with the guidance established in the EMEP/EEA Guidebook.

▼B

3. National emission projections shall be consistent with the national annual emission inventory for the year x-3 and with projections reported under Regulation (EU) No 525/2013 of the European Parliament and of the Council ( 12 ).

PART 3

Informative inventory report

The informative inventory reports shall be prepared in accordance with the EMEP Reporting Guidelines and reported using the template for inventory reports as specified therein. The inventory report shall include, as a minimum, the following information:

(a) 

descriptions, references and sources of information of the specific methodologies, assumptions, emission factors and activity data, as well as the rationale for their selection;

(b) 

a description of the national key categories of emission sources;

(c) 

information on uncertainties, quality assurance and verification;

(d) 

a description of the institutional arrangements for inventory preparation;

(e) 

recalculations and planned improvements;

(f) 

if relevant, information on the use of the flexibilities provided for under Article 5(1), (2), (3) and (4);

(g) 

if relevant, information on the reasons for deviating from the reduction trajectory determined in accordance with Article 4(2), as well as the measures to converge back on the trajectory;

(h) 

an executive summary.

PART 4

Adjustment of national emission inventories

1. A Member State that proposes an adjustment to its national emission inventory in accordance with Article 5(1) shall include in its proposal to the Commission, at least, the following supporting documentation:

(a) 

evidence that the concerned national emission reduction commitment/s is/are exceeded;

(b) 

evidence of the extent to which the adjustment to the emission inventory reduces the exceedance and contributes to compliance with the concerned national emission reduction commitment/s;

(c) 

an estimation of whether and when the concerned national emission reduction commitment/s is/are expected to be attained based on national emission projections without the adjustment;

(d) 

evidence that the adjustment is consistent with one or several of the following three circumstances. Reference can be made, as appropriate, to relevant previous adjustments:

(i) 

in the case of new emission source categories:

— 
evidence that the new emission source category is acknowledged in scientific literature and/or the EMEP/EEA Guidebook;
— 
evidence that this source category was not included in the relevant historic national emission inventory at the time when the emission reduction commitment was set;
— 
evidence that emissions from a new source category contribute to a Member State being unable to meet its emission reduction commitments, supported by a detailed description of the methodology, data and emission factors used to arrive at that conclusion;
(ii) 

in the case of significantly different emission factors used for determining emissions from specific source categories:

— 
a description of the original emission factors, including a detailed description of the scientific basis upon which the emission factor was derived;
— 
evidence that the original emission factors were used for determining the emission reductions at the time when they were set;
— 
a description of the updated emission factors, including detailed information on the scientific basis upon which the emission factor was derived;
— 
a comparison of emission estimates made using the original and the updated emission factors, demonstrating that the change in emission factors contributes to a Member State being unable to meet its reduction commitments;
— 
the rationale for deciding whether the changes in emission factors are significant;
(iii) 

in the case of significantly different methodologies used for determining emissions from specific source categories:

— 
a description of the original methodology used, including detailed information on the scientific basis upon which the emission factor was derived;
— 
evidence that the original methodology was used for determining the emission reductions at the time when they were set;
— 
a description of the updated methodology used, including a detailed description of the scientific basis or reference upon which it has been derived;
— 
a comparison of emission estimates made using the original and updated methodologies demonstrating that the change in methodology contributes to a Member State being unable to meet its reduction commitment;
— 
the rationale for deciding whether the change in methodology is significant.

2. Member States may submit the same supporting information for adjustment procedures based on similar preconditions, provided that each Member State submits the required individual country-specific information as set out in paragraph 1.

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 is/are applied.

ANNEX V




ANNEX V

OPTIONAL INDICATORS FOR MONITORING AIR POLLUTION IMPACTS REFERRED TO IN ARTICLE 9

(a) 

for freshwater ecosystems: establishing the extent of biological damage, including sensitive receptors (microphytes, 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).
(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:

frequency of sampling: every 10 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):

frequency of sampling: every year;

(iii) 

the key indicator carbon-nitrogen ratio (C/N) and the supporting indicator of total nitrogen in soil (Ntot):

frequency of sampling: every 10 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:

(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 exceedance of flux-based critical levels:

frequency of sampling: every year during the growing season.

ANNEX VI




ANNEX VI

CORRELATION TABLE



Directive 2001/81/EC

This Directive

Article 1

Article 1

Article 2, 1st subparagraph, and 2nd subparagraph, points (c), (d) and (e)

Article 2

Article 3, point (e)

Article 3, point (1)

—

Article 3, points (2), (3), (4), (5), (8), (9), (12) and (13)

Article 3, point (i)

Article 3, point (6)

Article 3, point (k)

Article 3, point (7)

Article 3, point (h)

Article 3, point (10)

Article 3, point (g)

Article 3, point (11)

Article 4

Article 4(1) and (2)

Article 2, 2nd subparagraph, points (a) and (b)

Article 4(3)

—

Article 5

Article 6(1)

Article 6(1)

Article 6(2)

Article 6(2), (5) to(10)

Article 6(3)

Article 6(3) and (4)

—

Article 7

Article 7(1)

Article 8(1), first subparagraph

—

Article 8(1), second subparagraph, (2) to (4)

Article 7(2)

Article 8(5)

Article 7(3)

Article 8(6)

Article 7(4)

Article 8(7)

—

Article 9

Article 8(2)

Article 10(1)

Article 8(1)

Article 10(2)

—

Article 10(3) and (4)

Article 9

Article 11

—

Article 12

Article 10

Article 13

Article 6(4)

Article 14(1)

Article 7(3) and Article 8(3)

Article 14(2) and (3)

Article 11

Article 15

Article 13(3)

Article 16

Article 13(1) and (2)

Article 17

Article 14

Article 18

—

Article 19

Article 15

Article 20

—

Article 21

Article 16

Article 22

Article 17

Article 23

Article 8(1) and Annex III

Annex I

Annex I

Annex II

—

Annexes III, V and VI

Annex III

Annex IV

Declaration by the Commission on the Review of Methane Emissions


Declaration by the Commission on the Review of Methane Emissions

The Commission considers that there is a strong air quality case for keeping the development of methane emissions in the Member States under review in order to reduce ozone concentrations in the EU and to promote methane reductions internationally.

The Commission confirms that on the basis of the reported national emissions, it intends to further assess the impact of methane emissions on achieving the objectives set out in Art. 1 paragraph 2 of the NEC Directive and will consider measures for reducing those emissions, and where appropriate, submit a legislative proposal to that purpose. In its assessment, the Commission will take into account a number of ongoing studies in this field, due to be finalised in 2017, as well as further international developments in this area.

1.1 Riferimenti

1.2 Requisiti identificati

1.3 Standard correlati

2. Requisiti identificati

Requisiti
Fonte Requisito

3. Standard correlati

Standard
Fonte Requisito

Ticket collegati