| |
|
|
EU
legislation
on air pollution and acidification
Factsheet from the Swedish NGO Secretariat on
Acid Rain. June 2002.
Also available in pdf format: 65 kB
This factsheet gives an overview
of the EU legislation on acidification and air pollution,
including a commented list of all relevant directives. You will
also find an introduction to the EU legislative process.
Introduction
Up to the early nineties, EU policy in regard to air pollution
had tended to be fragmented. Such directives as existed were
either those setting air-quality standards for a few selected air
pollutants such as sulphur dioxide and nitrogen oxides, or others
to control emissions from certain defined sources such as large
power plants and road vehicles.
Some first steps towards a more clearly aimed and
strategic policy could be seen in the fifth environmental action
program, which was presented in 1992 and contained proposals for
long-term environmental objectives both for air quality and
acidification. As regards the former it stated that "all
people should be effectively protected against recognized health
risks from air pollution," and that "permitted
concentration levels of air pollutants should take into account
the protection of the environment." For the acidifying,
ozone-forming, and eutrophying pollutants - sulphur dioxide,
nitrogen oxides, volatile organic compounds, and ammonia - the aim
was that there should be "no exceeding ever of critical loads
and levels." Also dating from 1992 was the auto-oil program,
aimed at setting new environmental requirements for road vehicles
(cars, trucks, and buses) and motor fuels. The requirements were
to match certain defined aims for air quality and accord with the
World Health Organization guidelines. They were to be
cost-effectively attained by 2010. That program, which was
concluded in 1996, resulted in several new directives being
adopted in 1998 and 1999.
The mid-nineties also saw the emergence of a framework
directive on air quality as well as a completely new directive for
the integrated prevention and control of the pollution of air,
water, and land (IPPC). The framework directive on air quality
provided the springboard for various daughter directives setting
limits to the concentrations of several separate air pollutants.
Back to top
Strategy for
combating acidification
In the wake of the fifth environmental action program and
under the influence of the Convention on Long-Range Transboundary
Air Pollution, the Commission presented in March 1997 a strategy
for combating acidification within the Community which included an
all-sector-embracing analysis to enable some clearly defined
environmental targets to be attained as cost-effectively as
possible by 2010. Presented as interim targets, these were to be
regarded as first steps towards achievement of the long-term
objectives of the fifth environmental action program.
The acidification strategy was later rounded out by a similar
one to cut down the concentrations of ground-level ozone. The two
laid the foundation for a Commistion to limit emissions - a
directive setting binding national ceilings for the emissions of
four acidifying and ozone-forming air pollutants, which was
formally adopted last year (2001). The EU acidification strategy
came to involve a revision and tightening up of two important
directives: the one for controlling the sulphur content of liquid
fuels and the other on emissions of SO2, NOx, and
particles from large combustion plants.
Back to top
Clean air for Europe
The more strategically oriented work on air quality that was
set going in the nineties will now be followed up by a new program
under the name of CAFE, Clean Air For Europe, which was presented
by the Commission in 2001. The need for this new program derives
from the fact that several directives of importance for emission
levels and air quality are due for revision around 2004, and for
proper results it will, in the view of the Commission, be
necessary to gather them into a single program. The idea is that
CAFE shall evolve into an on-going, cyclical program, for which
2004 will only be the first milestone. It will also be the first
of the so-called thematic strategies announced in the Commission's
proposal for a sixth environmental action program.
The CAFE program will deal mainly with particles and
ground-level ozone, both because of their serious effects on
health, and the fact that much will have to be done if
concentrations are to be brought down to acceptable levels.
Problems in respect of acidification and eutrophication that will
still remain will however also come in for attention, and a watch
will be kept on developments in regard to pollutants that are as
yet unregulated, as well as on what is happening in "hot
spot" areas with exceptionally extensive pollution.
One advantage of this more strategic and resolute action at EU
level, as envisaged in the CAFE program, is that it should be able
to bring about a more rapid and pronounced reduction in member
states' emissions of pollutants. A further consideration is that
such action by the EU will make it possible to put greater
pressure on other European countries, outside the EU, to reduce
their emissions by taking a more active stance in the context of
the Convention on Long-range Transboundary Air Pollution. Here
follows a list of EU legislative measures directly affecting
emissions and concentrations of air pollutants. Over and above
these are however a number of directives and other moves at EU level which can have indirect effect - such as those aimed at
reducing the emissions of greenhouse gases and others capable of
influencing developments in the energy, transportation, and
agricultural sectors.
Back to top
The directives
EU directives affecting emissions and concentrations of air
pollutants: NECs, directive on national emission
ceilings for acidifying and ozone-forming air pollutants
(2001/81/EC):
Sets binding ceilings to be attained by each member state by
2010. Covers four air pollutants: sulphur dioxide, nitrogen
oxides, volatile organic compounds, and ammonia. The member
countries' aggregate emissions of these four pollutants are to be
reduced by 77, 51, 54, and 14 per cent respectively between 1990
and 2010. Scheduled for review and revision in 2004, when it is
expected that proposals will be made to extend it to small
particles and to set new ceilings. Control of emissions from large
combustion plants (2001/80/EC):
Covers plants with a rated thermal capacity of at least
50 mw and replaces the existing directive of 1988 (88/609/EC).
Contains emission limits for sulphur dioxide, nitrogen oxides, and
dust, varying according to the age and capacity of the plants, as
well as the type of fuel burned. Not only tightens up the
requirements for new plants, but also introduces for the first
time emission limits for existing ones. Review and possible
revision foreseen at latest by 2004. Sulphur content of certain liquid fuels
(99/32/EC):
Sets the maximum permitted concentration for sulphur in
heavy fuel oil used in the EU at 1 per cent as from 2003, and for
gas oils at 0.2 per cent, to be reduced to 0.1 per cent from 2008.
Discussions are proceeding on a possible revision in order to
include bunker fuel (heavy fuel oil used in ships). Quality of petrol and diesel fuels (
98/70/EC):
Prescribes among other things 350 and 150 ppm as maximum
sulphur content for diesel and petrol respectively. As from 2005
the figure will be lowered to in both cases 50 ppm (0.005 per
cent). A proposal to lower it even further, to 10 ppm by 2010,
which was presented in May 2001 is being discussed by Council and
Parliament. Emissions of air pollutants from road
vehicles
Three directives addressing mainly the emissions of nitrogen
oxides, non-methane volatile organic compounds, and small
particles. That for passenger cars and light
commercial vehicles (98/69/EC) specifies emission standards
to be introduced in two steps - the first put in place in 2000 and
the second coming into force in 2005. Directive
99/96/EC takes a similar stepwise approach for heavy
vehicles, but with the inclusion of a third step (for 2008). Directive
97/24/EC sets emission standards for two and three-wheeled
vehicles, mopeds and motorcycles. A proposal for an
amendment, with stricter standards for motorcycles, which was
presented in 2000, was agreed - after conciliation negotiations -
in March 2002. Framework directive on ambient air
quality assessment and management (96/62/EC):
Provides the means for setting limit values to the
concentrations of pollutants in the air through daughter
directives. The first (99/30/EC) sets standards for sulphur
dioxide, nitrogen dioxide, particulates (pm10), and lead. The
second (00/69/EC) covers carbon monoxide and benzene, while the
third deals with ground-level ozone (2002/3/EC). A proposal for a
fourth daughter directive, covering polyaromatic hydrocarbons
(PAH) and three heavy metals (nickel, cadmium, and arsenic), is
expected to be presented by the Commission later this year. Review
and revision of the first daughter directive is foreseen to take
place in 2003. Integrated pollution prevention and
control (96/61/EC):
Aims at preventing or reducing pollution of air, water
and land through a comprehensive system of permits. It applies to
a significant number of activities, mainly industrial. Since the
end of 1999 new installations are required to have a permit issued
in compliance with the directive, which means they are expected to
employ best available techniques (BAT). The same applies to
existing plants, which however have until 2007 to comply. Guidance
as to what is regarded as BAT for various sectors of industry is
given in reference documents (BREFs). That for large combustion
plants is expected to be adopted in 2002. (Altogether 30 to 35
brefs will be published and regularly updated.) Plants for incineration of waste
(2000/76/EC):
Directive aiming to prevent or limit pollution from
emissions to air, soil, surface and groundwater, from the
incineration and co-incineration of waste - to be met by means of
technical requirements, primarily in the form of binding
emission-limit values. Review and revision foreseen to take place
in 2008. Emissions of VOCs from storage and
distribution of petrol (94/63/EC):
Covers the whole chain from terminal to service station, but
not the evaporative emissions that take place when cars are
refuelling. Use of solvents in industry (99/13/EC):
Intended to cut down the emissions of volatile organic
compounds arising from the use of organic solvents in some twenty
industrial processes. There is yet no EU legislation concerning
the VOC content of products such as decorative paints and
varnishes. Studies made by the Commission have shown however that
the emissions from such products, as well as from operations such
as vehicle refinishing, could be cost-effectively reduced. The
Commission has indicated its intention to come forward with a
proposal for a directive, probably by the summer of 2002. Emissions from engines for non-road
machinery (97/68/EC):
Applies only to compression (diesel) engines with power
outputs of 18 to 560 kilowatts. In December 2000 the Commission
presented a proposal to widen the scope of this directive so as to
cover small spark-ignition (petrol) engines such as are used in
lawn movers, chain saws, etc. Since most of these smaller engines
are of the two-stroke type, the biggest reduction in emissions
will be for VOCs. The new directive is expected to be adopted in
2002. Emissions from tractors used for instance in agriculture and
forestry are regulated by directive 00/25/EC.
Back to top
Coming directives
A proposal for a directive regulating the emissions of
pollutants as well as noise from pleasure boats was put forward in
October 2000. Its main effect as regards air pollutants will be to
reduce emissions of VOCs from new two-stroke marine engines sold
after 2005. An amendment of directive 94/25/EC, it is expected to
be adopted in 2002. In January the Commission announced that it is
preparing a Community Strategy on Air Pollution from Sea-going
Ships, to be presented by summer 2002. It is expected to include a
proposal for modifying directive 99/32/EC on the sulphur content
on liquid fuels so as to extend its scope to include heavy bunker
fuel oils, as well as proposals for the introduction of economic
incentives.
Back to top
Further information
More information can be found at the website of the Commission's
DG Environment.
Back to top
EU emissions of sulphur dioxide
(thousands of tons) 1980-1999 and projection for 2010 according to
the NEC directive. Source:EMEP.
EU emissions of nitrogen oxides (thousands of tons) 1980-1999 and projection
for 2010 according to the NEC directive. Source: EMEP.
EU emissions of ammonia (thousands
of tons) 1980-1999 and projection for 2010 according to the NEC
directive. Source: EMEP.
EU emissions of volatile organic compounds (thousands of tons) 1980-1999 and projection for 2010 according to the NEC directive. Source: EMEP.
Back to top
The EU legislative process
The four institutions playing the chief parts in the EU legislative process are the European Commission, the Council of Ministers, the European Parliament, and the European Court of Justice. Of these only the Commission is entitled to put forward proposals for new laws. Its twenty members are appointed by agreement among the EU countries. While proposals for environmental law are usually elaborated within the Commission's General Directorate for Environment (DG ENV), for some matters they may come from other DGs, such as DG Enterprise, DG Transport & Energy, or DG Agriculture.
Present in the Council meetings are the ministers from each member state's government that are responsible for the matters on hand. Thus in the Environment Council it is the environment ministers who are representative. Two formal sessions are held in each six-month period. The Presidency is taken by each country in turn, also for a six-month period. From January to June 2002 it is being held by Spain, after which Denmark will take over (from July to December), followed by Greece from January to June 2003. And so on.
The European Parliament consists of 626 members elected for a five year period by universal suffrage in each member state. As a result of the Maastricht and Amsterdam treaties, its political role has become significantly strengthened, especially through extension of the co-decision procedure (see below) to practically all environmental legislation. There are several standing committees that draw up reports - usually with proposals for amendments - on draft laws. Environmental issues are usually handled by the Committee on Environment, Public Health and Consumer Policy.
Depending on the nature of the proposed legislation, various decision making processes can be applied. In the case of environmental issues, that most commonly used is the co-decision procedure, operating principally as follows:
1. Commission presents a proposal
2. Parliament adopts an opinion (at first reading), usually including proposals for amendments
3. On the basis of the Commission's proposal, the Parliament's opinion, and the views of member states, the Council adopts a Common Position (CP).
4. Commission presents its view on the CP.
5. The second reading in Parliament must take place within three months. Then a) Parliament approves the CP and the legislation is eventually adopted by the Council. b) Parliament proposes amendments to CP and Council has to react
6. Council has to reject or approve within three months. Then a) Council approves; legislation will - after consultation with the Commission - be adopted by the Council. b) Council does not approve of (all) amendments. Conciliation procedure starts.
7. A Conciliation Committee is formed, involving in practice representatives of the Council, the Parliament, and the Commission, with the aim to agreeing on a compromise text within six weeks. Then there will either be a) Agreement on a joint text and after approval by Parliament and the Council legislation will be adopted. Or b) No agreement - no legislation.
The European Court of Justice is not directly involved in the preparation and approval of legislation, but is responsible for interpreting EU law and issuing judgement in cases of dispute.
|
Back to top
|
|
|
