[X1Commission Implementing Decision (EU) 2018/1522

of 11 October 2018

laying down a common format for national air pollution control programmes under Directive (EU) 2016/2284 of the European Parliament and of the Council on the reduction of national emissions of certain atmospheric pollutants]

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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), and in particular Article 6(10) thereof,

Whereas:

(1) The national air pollution control programme is the principal governance tool under Directive (EU) 2016/2284 supporting Member States to plan their national policies and measures with a view to complying with the national emission reduction commitments laid down in that Directive for 2020 and 2030, thereby enhancing predictability for stakeholders while also supporting a shift of investments to clean and efficient technologies. It contributes to achieving the air quality objectives pursuant to Article 1(2) of that Directive, as well as to ensuring coherence with plans and programmes set in other relevant policy areas, including climate, energy, agriculture, industry and transport.

(2) Pursuant to Article 6(5) of Directive (EU) 2016/2284 the public, in accordance with Article 2(2) of Directive 2003/35/EC of the European Parliament and of the Council(2), and the competent authorities with responsibilities in the field of air pollution, quality and management are to be consulted on the draft national air pollution control programmes and on any significant updates prior to their finalisation.

(3) The national air pollution control programmes should also contribute to the successful implementation of air quality plans established under Article 23 of Directive 2008/50/EC of the European Parliament and of the Council.(3) To that effect, Member States should take account of the need to reduce emissions, in particular of nitrogen oxides and fine particulate matter, in zones and agglomerations affected by excessive air pollutant concentrations and/or in those zones and agglomerations that contribute significantly to air pollution in other zones and agglomerations, including in neighbouring countries.

(4) As pointed out in the Commission's ‘Second Report on the State of the Energy Union’(4), Member States should develop their national energy and climate plans, whenever possible, in parallel with their national air pollution control programmes to ensure synergies and reduce implementation costs, since these plans rely to a large extent on similar measures and actions.

(5) To increase consistency with the reporting of policies and measures under Union climate and energy policies, the common format for the national air pollution control programme should be aligned where there are commonalities with reporting obligations under Regulation (EU) No 525/2013 of the European Parliament and of the Council(5) and Commission Implementing Regulation No (EU) 749/2014(6).

(6) In order to achieve the ammonia reduction commitments provided for in Directive (EU) 2016/2284 additional national policies and measures should be set out. Therefore national air pollution control programmes should also include proportionate measures applicable to the agricultural sector.

(7) Laying down a common format for the national air pollution programme should facilitate the examination of the programmes that the Commission should carry out according to the third subparagraph of Article 10(1) of Directive (EU) 2016/2284, and should provide for better comparability of the programmes among Member States.

(8) Member States may provide, in their national air pollution control programme, beyond the mandatory content, additional relevant information on their envisaged policies and measures aimed at addressing the most harmful pollutants with respect to sensitive human population groups. They may also, in accordance with Article 1(2) of Directive (EU) 2016/2284 provide for measures aimed at further reducing emissions in order to achieve levels of air quality in line with the air quality guidelines published by the World Health Organization and the Union's biodiversity and ecosystem objectives.

(9) Although, pursuant to Article 4(3) of Directive (EU) 2016/2284, emissions from international maritime traffic or aircraft emissions beyond the landing and take-off cycle are not taken into account for the purpose of complying with the emission reduction commitments, Member States may also outline in their national air pollution control programmes envisaged policies and measures aimed at reducing emissions of those sources.

(10) Member States discussed and commented on a draft common format in the meetings of the Ambient Air Quality Expert Group on 4 April 2017, on 28 November 2017 and on 9 April 2018(7).

(11) The measures provided for in this Decision are in accordance with the opinion of the Ambient Air Quality Committee established by Article 29 of Directive 2008/50/EC,

HAS ADOPTED THIS DECISION:

(2)

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 L 156, 26.6.2003, p. 17).

(3)

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 (OJ L 152, 11.6.2008, p. 1).

(4)

COM(2017)53 final of 1 February 2017, p. 14

(5)

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).

(6)

Commission Implementing Regulation (EU) No 749/2014 of 30 June 2014 on structure, format, submission processes and review of information reported by Member States pursuant to Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 203, 11.7.2014, p. 23).

(7)

See the Register of Commission expert groups (group E02790), http://ec.europa.eu/transparency/regexpert/index.cfm