Documents considered by the Committee on 29 January 2014 - European Scrutiny Committee Contents


13 Clean Air Programme

(35690)

18155/13

+ ADDs 1-5

COM(13) 918

Commission Communication : A Clean Air Programme for Europe
Legal base
Document originated 18 December 2013
Deposited in Parliament 31 December 2013
Department Environment, Food and Rural Affairs
Basis of consideration EM of 14 January 2014
Previous Committee Report None, but see footnotes
Discussion in Council No date set
Committee's assessment Politically important
Committee's decision Cleared

Background

13.1 The need for cleaner air has been recognised for many years in order to address a range of environmental and human health issues, with action having been taken at both national and EU levels, as well as through active participation in international agreements, notably the Convention on Long-range Transboundary Air Pollution (CLRTAP). In particular, the EU has focused on establishing minimum quality standards for ambient air and tackling the problems of acid rain, eutrophication and ground level ozone, but it has also sought to reduce emissions from large combustion plant and mobile sources; to improve fuel quality; and to integrate environmental protection requirements into the transport and energy sectors.

13.2 However, despite significant improvements having been made, serious air pollution continued to be a problem, and the Sixth Environmental Action Programme (EAP) called for the development of a thematic strategy on air pollution, in order to avoid significant risks to human health and the environment. Having examined whether the existing legislation was sufficient to achieve these objectives by 2020, and concluded that substantial problems would persist even with effective implementation of that legislation, the Commission put forward in September 2005 a thematic strategy[58] on air pollution, establishing interim objectives and proposing appropriate measures for achieving them.

13.3 In particular, it suggested setting health and environmental objectives and emission ceilings for the main pollutants from 2010 onwards, involving significant reductions in emissions of sulphur dioxide, nitrogen oxides, non-methane volatile organic compounds, ammonia, and primary particulate matter compared with 2000 (although it also pointed out that a large part of these reductions could be delivered by measures already implemented by the Member States). The strategy also proposed that the Air Quality Framework Directive[59] should be combined with the three "daughter" directives[60] adopted under it, with special arrangements for zones suffering from exceptional problems; that exposure to particulate matter should be controlled, with a cap of 25 µg/m3 on the more hazardous fine particles below 2.5µg in diameter, with all Member States having to achieve a uniform interim reduction target of 20% between 2010 and 2020; and that a review should be carried out of the National Emissions Ceilings Directive (2001/81/EC).

13.4 The Commission saw the proposed Strategy as consistent with climate change policies, as helping to halt the loss of biodiversity, and as supporting the EU Health & Environment Action Plan. In addition, it noted that the targets in it would require air quality concerns to be integrated into other policy areas, including energy, transport and agriculture, as well as emissions from small combustion plants.

The current document

13.5 The Commission says that, whilst the EU's air quality standards still lag behind those of other developed nations, compliance with some of them has been challenging, and it has therefore put forward — as part of a wider Clean Air package — this new strategy, which builds upon the measures proposed in 2005. More specifically, it seeks to tackle the reasons for non-compliance, proposes legislation to reduce harmful emissions by 2030, and promotes measures which also mitigate climate change on a timescale which the Commission says is consistent with meeting the EU's commitments in that area.

SHORT TERM MEASURES TO DELIVER AIR QUALITY

13.6 The Commission notes that over one-third of the EU's Air Quality Management Zones exceed limit values for particulate matter (PM10), with 17 Member States currently being subject to infringement proceedings, and that a quarter of Zones exceed limit values for nitrogen dioxide. It then identifies the part to be played in the short to medium term by effective implementation of legislation on emissions from light-duty vehicles, particularly of nitrogen oxides (NOx), where those from cars type-approved since 2009 are about five times the limit value, and where it says that, following the CARS 2020 Communication[61] in 2010, robust emission limits based on real-world driving conditions will applied for type approval no later than 2017.

13.7 In addition, the Commission says that Member States will be able to reinforce the development and implementation of air pollution control programmes by drawing on finance under the 2014-2020 European Structural and Investment Funds (ESIF) and the new LIFE instrument, whilst the scope for local action will be enhanced by Sustainable Urban Mobility Plans and Urban Vehicle Access Regulations. However, it says that the policy review has concluded that the Ambient Air Quality Directive should not be revised at present, with the focus being on achieving compliance with existing standards by 2020 at the latest, and using a revised National Emission Ceilings Directive (see below) to bring down pollution in the period to 2030.

LONGER TERM MEASURES TO REDUCE AIR POLLUTION

13.8 The Commission says that a combination of legislation and targets has delivered real benefits for human health and the environment in areas such as acidification and reducing emissions of particulate matter, and in stimulating innovation in abatement, but that considerable health and environmental impacts remain, with air pollution being the main environmental cause of premature deaths (resulting in over 400,000 such deaths in 2010) and 62% of EU ecosystem areas exceeding critical loads for eutrophication. It goes on to comment that, even if existing legislation is observed in full, these problems will still persist, with premature mortality in 2025 being reduced by little more than one-third compared with 2005, and only minor further improvements expected for eutrophication. It therefore proposes new air pollution policy objectives for the period up to 2030, which it suggests would deliver an additional health improvement of about one-third and an additional reduction in eutrophication of about one-half[62] compared with existing legislation, producing benefits which would greatly outweigh the compliance costs involved.

13.9 The Commission says that, in order to deliver these targets, a combination of regulatory and non-regulatory measures will be needed, with the EU and Member States working together. It suggests that this will involve:

Revising the National Emission Ceilings Directive

This is the subject of a separate proposal,[63] but the Commission says that the aim is to extend the policy horizon to 2030, and to strengthen coherence with the assessment and management of the standards contained in the Ambient Air Quality Directive and with climate change mitigation. For 2030, the proposal includes cost-effective national emission reduction obligations for the four original air pollutants (sulphur dioxide, nitrogen oxides, non-methane volatile organic compounds, and ammonia) and two new ones (fine particulate matter (PM2.5) and methane). In addition, there would be two interim milestones — one in 2020 for transposition of the EU's new international obligations agreed under a recently adopted amendment to the Gothenburg Protocol (see below), and the other in 2025, which will aim to maintain the trajectory between 2020 and 2030.

Industrial emissions, eco-design and non-road mobile machinery

The Commission says that, whilst the National Emission Ceilings Directive gives Member States maximum flexibility to identify appropriate measures, support is also needed through targeted EU source controls, which — with the exception of ammonia (see below) — continue to make a significant contribution to reducing emissions. These include the Ecodesign Directive (which tackles emissions from domestic combustion sources); the Industrial Emissions Directive (which covers the main industrial sources, including in particular combustion plants over 50MW); and the Non-Road Mobile Machinery Directive (which will be revised to extend the capacity range and machinery types covered, and to align controls with limits for heavy-duty vehicles).

Directive on medium combustion plants

The Commission notes that the main gap in EU source legislation (other than agriculture) concerns emissions from installations of a thermal capacity between one and 50 MW, and it has therefore put forward a draft Directive[64] to limit the emission of certain pollutants (notably nitrogen oxides, sulphur dioxide and particulate matter) from medium combustion plants through appropriate limit values, coupled with a registration scheme.

Emissions of ammonia from agriculture

The Commission notes that the proposed National Emission Ceilings Directive requires a reduction in emissions of ammonia by 2030, and provides for a set of source measures for Member States when developing national programmes. However, it observes that the latter would in this instance deliver only about one-quarter of the required reduction, and says that options for further source controls will be examined, including a general requirement for a nutrient balance in the application of fertiliser, specific controls on manure management, and labelling and other provisions for inorganic fertilisers.

Emissions from shipping

The Commission says that a revision in 2012 of the Directive on the Sulphur Content of Liquid Fuels (2012/33/EU) has put in place additional measures, with previous analysis having shown that emissions from shipping will continue to affect air quality on land, and that reductions from that sector would be cost-effective. It will therefore seek to encourage action in this area by enabling reductions from shipping to be offset against the corresponding obligations for land-based sources in 2025 and 2030. However, it also points out that the international character of shipping and Europe's dependence on it means that preference must always be given to policy development through the International Maritime Organisation.

Non-regulatory measures

The Commission suggests that a number of such measures should be taken, including active engagement with the farming sector through the establishment on an agricultural platform as part of the European Clean Air Forum (see below); mobilisation of international action by encouraging ratification of the 2012 amendment to the Gothenburg Protocol (including, where appropriate, the provision of financial assistance through EU development cooperation); and promoting an integrated approach to research and innovation under the Horizon 2020 programme.

GROWTH AND COMPETITIVENESS

13.10 The Commission says that the new air policy, and the enhanced focus on Horizon 2020 will provide a stimulus to the economy through enhanced labour productivity and markets for environmental technology and services, and it also notes that the market for this technology is increasingly international and highly competitive.

MONITORING, EVALUATION AND REVIEW

13.11 The Commission says that it will set up a Clean Air Forum to facilitate implementation of the strategy, and that progress will be reviewed every five years, with the first review by 2020, when progress towards the new policy targets for 2020 will be assessed using relevant indicators.

13.12 The Commission has carried out a highly detailed impact assessment of the whole package, and suggests that seeking to achieve 70% of the maximum technically feasible reduction of health impacts by 2030 would reduce the total external costs of around €212 billion by about €40 billion, including direct economic benefits (such as labour productivity, health care costs, and reduced crop losses) amounting to more than €2.8 billion, whilst annual compliance costs across the EU would be €3.3 billion However, it does not detail the likely impact on the UK, and the Government says that it will be seeking further information from the Commission, and will be undertaking its own analysis of the likely risks, costs and benefits of the proposals, including those on business, human health and environmental issues (such as biodiversity).

Gothenburg Protocol

13.13 The most relevant international arrangement in this area is the Gothenburg Protocol to the CLRTAP, which aims to abate acidification, eutrophication and ground-level ozone, and the package includes a proposal[65] to ratify, on behalf of the EU, an amendment to the Protocol agreed in 2012, which sets out new national emission reduction commitments, to be met by 2020 and beyond. The EU is a Party to the Protocol, which sets limits for the Union as well as for individual Member States. and the amended Protocol would become part of EU law upon ratification, its alignment with the amended Protocol being achieved through several legal instruments, including the revised National Emission Ceilings Directive and the proposed Directive on medium-sized combustion plants.

The Government's view

13.14 In his Explanatory Memorandum of 14 January 2014, the Parliamentary Under Secretary of State at the Department for Environment, Food and Rural Affairs (Dan Rogerson) says the Government is committed to improving air quality in the UK, and welcomes the Commission's proposals in principle. He has also commented on individual aspects of the package — such as the proposed amendment to the National Emissions Directive, and the proposal to regulate emissions from medium-sized combustion plants — on which we are reporting separately. He adds that the package will now be considered by the Council and European Parliament, and that the process of negotiating and agreeing the different elements may well take up to three years. In the meantime, the Government will provide further information once it has made a preliminary assessment of the likely risks, costs and benefits, its expectation being that it will be able to provide the first such indication by Easter 2014.

Conclusion

13.15 This is a wide-ranging and important document, which sets out a range of measures which need to be taken, both in the short term and in the medium to longer term, to reduce further the adverse effects of atmospheric pollution on human health and the environment, and for that reason, we are drawing it to the attention of the House. However, it seems to us that the main focus will switch to the two measures — dealing with national emissions limits and emissions from medium combustion plants — which have been the subject of specific proposals, and which we are also drawing to the attention of the House (and holding under scrutiny). In view of this, we do not think it likely that this over-arching Communication will require further consideration, and we are therefore clearing it.


58   See (26900) 12735/05: HC 34-x (2005-06), chapter 8 (16 November 2005) and HC 34-xvi (2005-06), chapter 7 (25 January 2006). Back

59   Directive 96/62/EC OJ No. L 296, 21.11.96, p.55. Back

60   Covering respectively sulphur dioxide, nitrogen dioxide, oxides of nitrogen, particulate matter and lead, benzene and carbon monoxide, and ozone. Back

61   See (34409) 15962/12: HC 86-xxiii (2012-13), chapter 6 (12 December 2012). Back

62   Thus, as compared with 2005, premature mortality in 2030 would fall by 52%, rather than 40% under current legislation, whilst the ecosystem areas exceeding euthrophication limits would fall by 35% rather than 22%. Back

63   (35693) 18167/13: see chapter 4 of this Report. Back

64   (35694) 18170/13: see chapter 5 of this Report. Back

65   (35692) 18165/13. Back


 
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Prepared 7 February 2014