PURPOSE: to establish stricter national limits for the emission of some of the most dangerous air pollutants in order to protect health and the environment.
LEGISLATIVE ACT: Directive (EU) 2016/2284 of the European Parliament and of the Council on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC.
CONTENT: this Directive establishes stricter national limits for the emission of some of the most dangerous air pollutants. The new rules cover five pollutants: sulphur dioxide (SO2), nitrogen oxides (NOx), non-methane volatile organic compounds (NMVOC), ammonia (NH3) and fine particulate matter (PM2,5).
National air pollution control programmes: the Directive requires national air pollution control programmes to be established and that emissions of those pollutants and the other pollutants, as well as their impacts, be monitored and reported. Member States shall update their national air pollution control programmes at least every four years and consider measures applicable to all relevant sectors, including agriculture, energy, industry, road transport, inland shipping, domestic heating and use of non-road mobile machinery and solvents.
National emission ceilings: 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 to Abate Acidification, Eutrophication and Ground-level Ozone. Further restrictions have been decided upon for 2030 onwards.
National emission reduction commitments: Member States shall take the necessary measures aimed at limiting their 2025 anthropogenic emissions of sulphur dioxide, nitrogen oxides, non-methane volatile organic compounds, ammonia and fine particulate matter. The indicative 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.
Where the emissions for 2025 cannot be limited in accordance with the determined reduction trajectory, Member States shall explain the reasons for that deviation as well as the measures that would bring the Member States back on their trajectory.
Flexibilities: the Directive incorporates flexibilities to assist Member States in case of sudden and exceptional events related to energy generation or supply provided that specific conditions are met.
If in a given year a Member State, due to an exceptionally cold winter or an exceptionally dry summer, cannot comply with its emission reduction commitments, it may comply with those commitments by averaging its national annual emissions for the year in question, the year preceding that year and the year following it.
European Clean Air Forum: the Commission shall set up a European Clean Air Forum to 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.
Review: the Commission shall review this Directive no later than 31 December 2025. If appropriate, it shall present legislative proposals for emission reduction commitments for the period after 2030.
ENTRY INTO FORCE: 13.12.2016.
APPLICATION: 1.7.2018.
DELEGATED ACTS: the Commission shall be empowered to adopt delegated acts to amend the Annexes to take account of international and technical developments. The power to adopt delegated acts shall be conferred on the Commission for a period of five years from 13 December 2016. The European Parliament or the Council shall have the right to object to a delegated act within a period of two months (extendable for two months) from the date of notification.