BETA

33 Amendments of Philippe LOISEAU related to 2013/0443(COD)

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Recital 2 a (new)

(2a) In light of the efforts made by farmers as part of the ‘greening’ of the CAP 2014-2020 and the positive role played by agricultural sector in protecting the soil and storing carbon, all emissions originating from farming activities should be excluded from the scope of the Directive.

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Recital 9

(9) Member States should comply with the emission reduction commitments set out in this Directive for 2020 and 2030. So as to ensure demonstrable progress towards the 2030 commitments, Member States should meet intermediate emission levels in 2025, set on the basis of a linear trajectory between their emission levels for 2020 and those defined by the emission reduction commitments for 2030, unless this would entail disproportionate costs. Where the 2025 emissions cannot be so limited, Member States should explain the reasons in their reports under this Directive. A reduction in ammonia and methane emissions in farming would have a disastrous impact on the livestock sector. These emissions should therefore not be covered by the Directive.

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Recital 9 a (new)

(9a) In light of the efforts made by the agricultural sector and its positive role in protecting the environment and the air, which has gone unrewarded, no emission ceilings for ammonia and methane should be imposed.

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Recital 11

(11) In order to promote cost-effective achievement of the national emission reduction commitments and of the intermediate emission levels, Member States should be entitled to account for emission reductions from international maritime traffic if emissions from that sector are lower than the levels of emissions that would result from compliance with Union law standards, including the sulphur limits for fuels set in Directive 1999/32/EC of the Council.21 Member States should also have the possibility to jointly meet their commitments and intermediate emission levels regarding methane (CH4) and of making use of Decision n°406/2009/EC of the European Parliament and of the Council for so doing.22 For the purpose of checking compliance with their national emission ceilings, emission reduction commitments and intermediate emission levels, Member States could adjust their national emission inventories in view of improved scientific understanding and methodologies regarding emissions. ~~The Commission could object to the use of any of these flexibilities by a Member State, should the conditions set out in this Directive not be met.~~ __________________ 21 Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC (OJ L 121, 11.5.1999, p. 13). 22 Decision n°406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p. 136).

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Recital 12

(12) Member States should adopt and implement a national air pollution control programme with a view to meeting their emission reduction requirements and intermediate emission levels, and to contributing effectively to the achievement of the Union air quality objectives. To this effect, Member States should take account of the need to reduce emissions in zones and agglomerations affected by excessive air pollutant concentrations ~~and/or in those that contribute significantly to air pollution in other zones and agglomerations, including in neighbouring countries~~. National air pollution control programmes should, to that end, contribute to the successful implementation of air quality plans enacted under Article 23 of Directive 2008/50/EC of the European Parliament and of the Council.23 __________________ 23 Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air in Europe (OJ L 152, 11.6.2008, p. 1).

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Recital 26 a (new)

(26a) Livestock farmers have no way of limiting the enteric methane emissions resulting from the digestive systems of cattle, unless they limit the amount of grass and hay that their animals eat, which would make it much more difficult for them to continue raising high-quality livestock, and would also have severe consequences not only on the welfare of the animals but also on the environment, as the farmers would be forced to abandon natural grassland; enteric methane should be differentiated from other sources of methane emissions and excluded from the scope of the Directive.

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 2

This Directive shall apply to emissions of the pollutants referred to in Annex I from all sources occurring in the territory of the Member States, their exclusive economic zones and pollution control zones, except for emissions originating from farming.

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall, as a minimum, limit their annual anthropogenic emissions of sulphur dioxide (SO2), nitrogen oxides (NOX), volatile organic compounds other than methane (NMVOC), a~~mmonia (NH3),~~nd particulate matter (PM2,5) ~~and methane (CH4)~~ in accordance with the national emission reduction commitments applicable from 2020 and 2030, as laid down in Annex II.

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1

2. Without prejudice to paragraph 1, Member States shall take all the necessary measures not entailing disproportionate costs to limit their 2025 anthropogenic emissions of SO2, NOX, NMVOC~~, NH3, PM2,5 and CH4~~ and PM2,5. The levels of those emissions shall be determined on the basis of fuels sold, by a linear reduction trajectory established between their emission levels for 2020 and the emission levels defined by the emission reduction commitments for 2030.

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2

Where the emissions for 2025 cannot be limited in accordance with the determined trajectory, the Member States shall explain the reasons in their reports submitted to the Commission in accordance with Article 9.deleted

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 4 – paragraph 3 – point d a (new)

(da) enteric methane produced by livestock.

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 4 – paragraph 3 – point d b (new)

(db) ammonia and methane emissions originating from the effluents of livestock.

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 5 – paragraph 2

2. Member States may jointly implement their methane emission reduction commitments and intermediate emission levels referred to in Annex II, provided that they meet the following conditions: (a) they comply with all applicable requirements and modalities enacted under Union legislation, including under Decision n°406/2009/EC of the European Parliament and of the Council. (b) they have adopted and implemented effective provisions in order to ensure a proper operation of joint implementationwill be able to limit their methane emissions in accordance with their national laws.

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 5 – paragraph 4

4. Members States that intend to apply paragraphs 1, 2 and 3 shall inform the Commission by 30 September of the year preceeding the reporting year concerned. That information shall include the pollutants and sectors concerned and, where available, the magnitude of the impacts upon national emission inventories.deleted

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 5 – paragraph 5

The Commission, assisted by the European Environment Agency, shall review and assess whether the use of any of the flexibilities for a particular year fulfils the relevant requirements and criteria. Where the Commission has raised no objections within nine months from the date of receipt of the relevant report referred to in Article 7, paragraphs 4, 5 and 6, the Member State concerned shall consider the use of the flexibility applied to be accepted and valid for that year. Where the Commission considers the use of a flexibility not to be in accordance with the applicable requirements and criteria, it shall adopt a Decision and inform the Member State that it cannot be accepted.deleted

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 5 – paragraph 6

6. The Commission may adopt implementing acts specifying the detailed rules for the use of the flexibilities as referred to in paragraphs 1, 2 and 3, in accordance with the examination procedure referred to in Article 14.deleted

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1 – point b

(b) take account of the need to reduce air pollutant emissions for the purpose of reaching compliance with air quality objectives in their territories ~~and, where appropriate in neighbouring Member States;~~.

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1 – point d

(d) ensure coherence with other relevant plans and programmes established by virtue of requirements set in national ~~or Union~~ legislation.

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 6 – paragraph 5

5. Member States shall consult~~, in accordance with relevant Union legislation,~~ the public and competent authorities, which, by reason of their specific environmental responsibilities in the field of air pollution, quality and management at all levels, are likely to be concerned by the implementation of the national air pollution control programmes, on their draft national air pollution control programme and any significant updates prior to their finalisation. ~~Where appropriate, transboundary consultations shall be ensured in accordance with relevant Union legislation.~~

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 6 – paragraph 6

~~6. The Commission shall facilitate the elaboration and implementation of the programmes, where appropriate, through an exchange of good practice.~~deleted

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 6 – paragraph 8

~~8. The Commission may establish guidance on the elaboration and implementation of national air pollution control programmes.~~deleted

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 6 – paragraph 9

9. The Commission may also specify the format and the necessary information concerning Member States' national air pollution control programmes in the form of implementing acts. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14.deleted

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1

~~1. Member States shall prepare and annually update national emission inventories for the pollutants set out in table A of Annex I, in accordance with the requirements set out therein.~~deleted

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 7 – paragraph 2

2. Member States shall prepare and update every two years spatially disaggregated emission inventories, large point source inventories and emission projections for the pollutants set out in table C of Annex I, in accordance with the requirements set out therein.deleted

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 7 – paragraph 9

~~9. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 13 in order to adapt Annex I in relation to reporting deadlines and Annex IV to technical and scientific progress.~~

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 8 – paragraph 3

~~3. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 13 in order to adapt Annex V to technical and scientific progress.~~

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1

1. Member States shall provide their national air pollution control programme to the Commission [within three months of the date referred to in Article 17, date to be inserted by OPOCE] and updates every two years thereafter.deleted

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 9 – paragraph 1 – subparagraph 2

Where a national air pollution control programme is updated under Article 6(4), the Member State concerned ~~shall~~may inform the Commission thereof ~~within two months~~.

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 9 – paragraph 3

3. Member States shall report their national emissions and projections for CH4 in accordance with Regulation (EU) No 525/2013 of the European Parliament and of the Council.31 __________________ 31Regulation (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).deleted

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 10 – paragraph 1 – subparagraph 2

The Commission shall in any case report as above for the year 2025, and shall also include information on the achievement of the intermediate emission levels referred to in Article 4 paragraph 2 and the reasons for any non-achievement. It shall identify the need for further action also considering the sectorial impacts of implementation.

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 13

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The delegation of power referred to in Articles 6(7), 7(9) and 8(3) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Directive. 3. The delegation of power referred to in Articles 6(7), 7(9) and 8(3) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Articles 6(7), 7(9) and 8(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.Article 13 deleted Exercise of the delegation

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 15

Member States shall lay down the rules on the penalties applicable to infringements of the national provisions ~~adopted pursuant to this Directive~~ and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.

2015/04/10
Committee: AGRI

Edouard FERRAND, Philippe LOISEAU

Proposal for a directive
Article 17 – paragraph 1 – subparagraph 2

They shall ~~forthwith~~, within a reasonable period of time, communicate to the Commission the text of those provisions.

2015/04/10
Committee: AGRI