53 Amendments of Peter JAHR related to 2013/0443(COD)
Amendment 36 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Permanent and temporary grasslands throughout the European Union - which are maintained by the efforts of the farming community and their grazing livestock - play an important role in the mitigation of climate change, given the fact that grasslands are major factors of carbon sequestration.1 a __________________ 1a Cf. Conant, R.T. (2010). Challenges and opportunities for carbon sequestration in grassland systems. A technical report on grassland management and climate change mitigation. Integrated Crop Management, 10, 20ff. (A technical report prepared for the Plant Production and Protection Division of the Food and Agriculture Organization of the United Nations (FAO).)
Amendment 38 #
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) European farmers and farmlands contribute to the achievement of environmental and air quality objectives to a large extent. Farmers should be remunerated accordingly within the CAP for both their current as well as their future efforts in this regard.
Amendment 45 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) NH3 emissions in the Union were reduced by 27.9 % between 1990 and 2010.1a Hence the determination of emission ceilings for NH3 must entail the acknowledgement of previous efforts made by both individual Member States as well by the agricultural sector in the Union in general, whilst taking into account trade-offs with animal welfare. __________________ 1a Cf. Eurostat (2013). Agriculture, forestry and fishery statistics. 2013 edition. Luxembourg: Publications Office of the European Union, 119.
Amendment 57 #
Proposal for a directive
Recital 13
Recital 13
(13) In order to reduce atmospheric NH3 and PM2,5 emissions from the main contributors, national air pollution control programmes should include measures applicable to the agricultural sector. These measures should be cost-effective and should be based on scientifically obtained data and scientific conclusions whilst taking into account previous measures already implemented by Member States. Member States should be entitled to implement measures other than those set out in this Directive with an equivalent level of environmental performance owning to specific national circumstances.
Amendment 61 #
Proposal for a directive
Recital 16
Recital 16
(16) Member States should establish and report emission inventories, projections and informative inventory reports for all air pollutants covered by this Directive, which should thenmust subsequently enable the Union to meet its reporting duties under the LRTAP Convention and its Protocols.
Amendment 67 #
Proposal for a directive
Article 1
Article 1
This Directive establishes the limits for the Member States' atmospheric emissions of acidifying and eutrophying pollutants, certain ozone precursors, primary particulate matter and precursors of secondary particulate matter and other air pollutants and requires that national air pollution control programmes be drawn up, adopted and implemented and pollutant emissions and their impacts be monitored and reported.
Amendment 72 #
Proposal for a directive
Article 3 – point 2
Article 3 – point 2
2. ‘ozone precursors’ mean nitrogen oxides, and non-methane volatile organic compounds, methane, and carbon monoxide;
Amendment 73 #
Proposal for a directive
Recital 9
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.
Amendment 78 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Between 1990 and 2010, NH3 emissions in the Union were reduced by 27.9% 1 a. When setting new emission commitments, measures taken previously by the Member States should be duly recognised. NH3 emissions of agricultural origin are subject to biological processes and can therefore only be minimised, but not completely eliminated. __________________ 1a See Eurostat (2013). Agriculture, forestry and fishery statistics. Luxembourg: Publications Office of the European Union, p. 119.
Amendment 81 #
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) In order to ensure the same market conditions in the EU, reductions in atmospheric NH3 emissions as a result of various measures should be taken into account in the national clean air programmes. These include Directives 91/676 / EEC1 a , and a 92/438 / EEC1 b. __________________ 1a Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991) 1b Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 59, 8.3.1996)
Amendment 87 #
Proposal for a directive
Recital 11
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 Council21. 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 Council22 for so doing. 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. __________________ 22Decision 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).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. __________________ n°406/2009/EC of the 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).
Amendment 92 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) In order to monitor compliance with their national emission ceilings and their emission reduction commitments, Member States may amend their national emissions inventories by using improved, emission-related scientific findings and methods. If Member States fail to achieve their reduction targets in a given year due to unforeseen conditions, they should have the option instead to specify a three- year average of the respective year and the previous two years, where this average does not exceed their reduction target.
Amendment 94 #
Proposal for a directive
Recital 12
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 Council23. __________________ 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).
Amendment 109 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Regulatory duplication through Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources must be avoided in the national transposition of this Directive. Directive 91/676 / EC already includes very comprehensive and detailed rules on increasing fertilizer efficiency, on the storage and application of fertilisers and thus avoiding nitrogen losses that have indirect positive effects on air quality.
Amendment 111 #
Proposal for a directive
Recital 13 b (new)
Recital 13 b (new)
(13b) The air pollution control programmes should not provide for any measures for the industrial sector that go beyond the best available techniques (BAT) set by Directive 2010/75 / EU of the European Parliament and of the Council1 a. __________________ 1a Directive 2010/75 / EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334/17, 17.12.2010)
Amendment 114 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to draw up well informed and scientifically based national air pollution control programmes and any significant updates, Member States should make those programmes and updates subject to consultation by the public and competent authorities at all levels when all options regarding policies and measures remain open. Member States should engage in transboundary consultations in case where the implementation of their programme could affect air quality in another country, in accordance with the requirements set out in Union and international legislation, including the Convention on Environmental Impact Assessment in a Transboundary Context (Espoo, 1991) and its Protocol on Strategic Environmental Assessment (Kyiv, 2003)24, as approved by the Council. __________________ 24 Council Decision 2008/871/EC of 20 October 2008 on the approval, on behalf of the European Community, of the Protocol on Strategic Environmental Assessment to the 1991 UN/ECE Espoo Convention on Environmental Impact Assessment in a Transboundary Context (OJ L 308, 19.11.2008, p. 33).
Amendment 123 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) Under the provisions of this Directive, Member States should meet the emission reduction commitments laid down in Annex II of this Directive. However, Member States should be able to decide how they meet these commitments in the most cost-effective manner. The measures set out in Annex III of this Directive should therefore be regarded as guidelines.
Amendment 130 #
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
2. "ozone precursors" means nitrogen oxides, and non-methane volatile organic compounds, methane, and carbon monoxide;
Amendment 142 #
Proposal for a directive
Article 4 – paragraph 1
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), ammonia (NH3), and 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.
Amendment 157 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. In order to reduce ammonia emissions in the European Union by 2030 by a total of 20%, the Commission shall, by 31 December 2016, submit a proposal for burden-sharing between Member States with revised national reduction commitments for ammonia for 2030 that meets the criteria of proportionality, cost- effectiveness and balance.
Amendment 157 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The reports referred to in paragraph 1 may include an evaluation of the environmental andimpact and shall include an exhaustive evaluation of the socioeconomic impacts of this Directive.
Amendment 158 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The Commission shall, by 31 December 2016, submit a new proposal with revised reduction commitments for NH3 for 2030. With its proposal, the Commission shall ensure that: a) the same market conditions apply in the Union, b) a further harmonisation of reduction levels is achieved within the Union.
Amendment 161 #
Proposal for a directive
Article 12
Article 12
The Union and the Member States, as appropriate, shall pursue bilateral and multilateral cooperation with third countries and coordination within relevant international organisations such as the United Nations Environment Programme (UNEP), United Nations Economic Commission for Europe (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 emission reductions.
Amendment 162 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
Amendment 176 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Amendment 186 #
Proposal for a directive
Annex III – part 1 – paragraph 1
Annex III – part 1 – paragraph 1
Where relevant, Member States shallould make use of the UNECE Guidance Document for Preventing and Abating Ammonia Emissions (Ammonia Guidance Document),1 and best available techniques set out in Directive 2010/75/EU of the European Parliament and of the Council2 as far as possible when implementing the measures set out in Part 1. __________________ 1 Decision 2012/11, ECE/EB/AIR/113/Add. 1 2 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).
Amendment 189 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 199 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 214 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States may establish adjusted annual national emission inventories for SO2, NOx, NH3, NMVOC and PM2,5 in accordance with Annex IV where non- compliance with their national emission reduction commitments or their intermediate emission levels would result from applying improved emission inventory methods updated in accordance with scientific knowledge.
Amendment 216 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States may depart from the national emission reduction commitments applicable from 2030 onwards in accordance with Annex II to take account of the extent of the changes that have occurred in the technical and economic factors which provided the basis for the original calculation of these targets. Member States shall notify the reasons for departing from these targets to the Commission and apply for a transfer of credits. The Commission shall be empowered to adopt delegated acts in accordance with Article 13 concerning the development of methods and criteria and the decision on the transfer of emission credits.
Amendment 217 #
Proposal for a directive
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
3b. If in a given year a Member State cannot meet its emissions reduction commitments as laid down in Annex II, it may instead state the average of its annual national emissions from the year in question and one or two preceding years, provided that this average value is broadly consistent with its reduction commitment.
Amendment 231 #
Proposal for a directive
Annex III – part 2 – point 1 – point a – point i
Annex III – part 2 – point 1 – point a – point i
(i) the policy priorities and their relationship to priorities set in other relevant policy areas, including agriculture, rural economic, industrial, mobility & transport, natural conservation and climate change;
Amendment 254 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1 – point d a (new)
Article 6 – paragraph 2 – subparagraph 1 – point d a (new)
(da) take account of measures pursuant to Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources.
Amendment 260 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Member States shallmay, to the extent necessary, include the emission reduction measures laid down in Part 1 of Annex III or measures having equivalent environmental effect, with a view to meeting the relevant national emission reduction commitments.
Amendment 272 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The national air pollution control programme shall be updated every twofour years.
Amendment 275 #
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. Member States may support the gradual elimination of the sources of low- level emissions by encouraging the replacement, in the transport and fuel supply sector, of porous hoses by emission-free hose technologies.
Amendment 277 #
Proposal for a directive
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. Without prejudice to paragraph 3, the emission reduction policies and measures contained in the national air pollution control programme shall be updated within 124 months in either of the following cases:
Amendment 300 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The emission inventories and projections referred to in paragraphs 1 and 2 shall draw as far as possible on data compiled under existing environmental legislation and shall be accompanied by an informative inventory report, in accordance with the requirements set out in table D of Annex I.
Amendment 305 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 310 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensuremonitor, if practicable, the monitoring of adverse impacts of air pollution upon ecosystems in accordance with the requirements laid down in Annex V.
Amendment 314 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Member States shall, where appropriate, coordinate the monitoring of air pollution impacts with other monitoring programmes established by virtue of Union legislation, including Directive 2008/50/EC and Directive 2000/60/EC of the European Parliament and of the Council30. __________________ 30 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).
Amendment 325 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 335 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The Commission shall, every fivthree years at least, report to the European Parliament and the Council on the progress on implementing this Directive, including an assessment of its contribution to the achievement of the objectives of this Directive and the reasons for non- achievement, where applicable.
Amendment 340 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 2
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 2emission reduction targets as from 2030 and the reasons for any non-achievement. It shall identify the need for further action also considering the sectorial impacts of implementation.
Amendment 341 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 2 a (new)
Article 10 – paragraph 1 – subparagraph 2 a (new)
If the report referred to paragraph 1 reveals that Member States are unable to achieve their emission reduction targets and that this non-achievement can be ascribed to the ineffectiveness of EU policies, the Commission shall consult the Ambient Air Quality Committee as referred to in Article 14 and submit new legislative proposals to revise the emission reduction targets laid down in Annex II. These legislative proposals must be based on an impact assessment and the latest scientific data.
Amendment 365 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive [eighteentwenty four months after the entry into force - date to be inserted by OPOCE] at the latest.
Amendment 391 #
Proposal for a directive
Annex II – table b – heading
Annex II – table b – heading
(b): Emission reduction commitments for ammonia (NH3), fine particulate matter (PM2,5) and methane (CH4). Fuels sold, base year 2005. An EU-wide target of 20% shall apply from 2030 for NH3 reduction compared with 2005.
Amendment 416 #
Proposal for a directive
Annex III – section 1 – paragraph 1
Annex III – section 1 – paragraph 1
Where relevant, Member States shallmay make use of the UNECE Guidance Document for Preventing and Abating Ammonia Emissions (Ammonia Guidance Document),33 and best available techniques set out in Directive 2010/75/EU of the European Parliament and of the Council34 when implementing the measures set out in Part 1. __________________ 33 Decision 2012/11, ECE/EB/AIR/113/Add. 1 34 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).
Amendment 442 #
Proposal for a directive
Annex III – section 1 – part A – point 3 – point b
Annex III – section 1 – part A – point 3 – point b
Amendment 446 #
Proposal for a directive
Annex III – section 1 – part A – point 3 – point c
Annex III – section 1 – part A – point 3 – point c
Amendment 491 #
Proposal for a directive
Annex III – section 2 – point 1 – point b
Annex III – section 2 – point 1 – point b
(b) the policy options considered to meet the emission reduction commitments for 2020 and 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; the individual or combined impacts of the polices and measures on emission reductions, air quality and the environment; and the associated uncertainties;
Amendment 498 #
Proposal for a directive
Annex III – section 2 – point 1 – point d
Annex III – section 2 – point 1 – point d
(d) where relevant, an explanation of the reasons why the intermediate emission levels for 2025rom 2030 onwards cannot be met without measures entailing disproportionate costs;
Amendment 517 #
Proposal for a directive
Annex IV – section 4 – point 1 – point d – point ii – subparagraph 1
Annex IV – section 4 – point 1 – point d – point ii – subparagraph 1