Emissions [EU]
EU rules on national emissions of certain atmospheric pollutants
Directive (EU) 2016/2284 on the reduction of national emissions of certain atmospheric pollutants
It aims to reduce the health risks and environmental impact of air pollution by establishing national emission reduction commitments.
The directive also aligns emission reduction commitments under EU law with international commitments (following the revision of the Gothenburg Protocol in 2012).
The legislation was proposed as part of the EU’s 2013 Clean Air Policy Package, which included a Clean Air Programme for Europe.
Scope
The directive covers 5 air pollutants:
sulphur dioxide;
nitrogen oxides;
non-methane volatile organic compounds;
ammonia;
fine particulate matter.
Emission reduction commitments
The directive sets emission reduction commitments per pollutant for each EU country to be attained by 2020 and 2030.
The emission reduction commitments for each pollutant that will apply each year from 2020 to 2029 are the same as those which the EU countries are already committed to under the revised Gothenburg protocol.
New stricter reductions have been agreed from 2030 onwards.
Emission reduction commitments
Indicative emission levels for 2025 will be identified for each EU country.
These will be calculated on the basis of a linear reduction trajectory, i.e. emissions reduced by a constant percentage each year, towards the emission reduction commitments for 2030.
EU countries can, however, follow a non-linear trajectory if this is more efficient.
If an EU country deviates from the trajectory planned, they must give their reasons and explain the actions they intend to take to get back on track.
Flexibility
The directive allows for some flexibility regarding compliance with the emission reduction commitments under certain circumstances, for example:
emission inventories may be adjusted according to certain conditions in order to take into account progress in scientific knowledge;
in case of an exceptionally cold winter or an exceptionally dry summer, the country concerned can comply with the directive by averaging out annual emissions with those of the preceding and subsequent years.
National programmes
The directive requires national air pollution control programmes to be established from 1 April 2019.
EU countries must update their programmes at least every 4 years, and consider measures applicable to all relevant sectors to limit emissions, including:
agriculture;
energy;
industry;
road transport;
inland shipping;
domestic heating;
use of non-road mobile machinery; and
solvents.
European Clean Air Forum
The directive requires the European Commission to set up a European Clean Air Forum to exchange experience and good practices, including on emission reductions from domestic heating and road transport, that can inform and enhance the national air pollution control programmes and their implementation.
Directive (EU) 2016/2284 has repealed Directive 2001/81/EC on national emission ceilings for certain atmospheric pollutants as from 1 July 2018. However, the ceilings set out in Directive 2001/81/EC will nonetheless continue to apply until the new reduction commitments established by Directive (EU) 2016/2284 become applicable as of 1 January 2020.
Application & Emissions
It has applied since 31 December 2016 and had to become law in the EU countries by 1 July 2018.
Reduction of National Emissions
(European Commission).
National emissions reduction commitments: EU countries’ obligations to reduce emissions of a substance; the commitments specify the minimum emission reductions that have to be achieved in the target calendar year, as a percentage of the total of emissions released during the base year (2005).
MAIN DOCUMENT
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 (OJ L 344, 17.12.2016, pp. 1-31)
RELATED DOCUMENT
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — A Clean Air Programme for Europe (COM(2013) 918 final, 18.12.2013)
EU registry of emissions trading system allowances
Regulation (EU) No 389/2013 establishing a Union Registry
It sets up an EU-wide Union Registry, an online database that holds accounts for stationary installations, for aircraft operators and for any person interested in trading emission allowances. The registry aims to guarantee accurate accounting for allowances issued under the EU emissions trading system (EU ETS), a system designed to reduce greenhouse gas emissions cost-effectively.
EU emissions trading system
The EU ETS is a cornerstone of the EU’s policy to combat climate change and its key tool for reducing greenhouse gas emissions cost-effectively. It is the world’s first major carbon market and remains the biggest. The EU ETS works on the ‘cap and trade’ principle. A cap is set on the total amount of certain greenhouse gases that can be emitted by installations covered by the system. The cap is reduced over time so that total emissions fall.
Within the cap, companies receive or buy emission allowances which they can trade with one another as needed. They can also buy limited amounts of international credits from emission-saving projects around the world. The limit on the total number of allowances available ensures that they have a value.
By the end of April each year, installations and aircraft operators covered by the EU ETS must surrender enough allowances to cover all their emissions in the previous year, or risk heavy fines. If a company reduces its emissions, it can keep its spare allowances to cover its future needs or sell them to another company that is short of allowances.
Union Registry
The regulation sets up, from 1 January 2013, an EU-wide Union Registry, an online database that holds accounts for stationary installations, aircraft operators (included in the EU ETS since January 2012) and for any person interested in trading emission allowances.
Auctioning is the default method for allocating allowances, rather than free allocation. Harmonised allocation rules apply to those allowances that are still freely allocated.
The registry records:
lists of installations and aircraft operators covered by the ETS Directive in each EU country and any free allocation to each of them;
accounts of companies or individuals holding emission allowances;
transfers of allowances (‘transactions’) carried out by account holders;
annual verified CO2 emissions from installations and aircraft operators;
annual reconciliation of allowances and verified emissions, where each company must have surrendered enough allowances to cover all its verified emissions.
Opening an account
To participate in the EU ETS, companies or individuals have to open an account in the Union Registry, sending a request to the national administrator, who collects and checks all supporting documentation.
EU Transaction Log
The EU Transaction Log (EUTL) automatically checks, records and authorises all transactions between accounts in the Union Registry, ensuring that all transfers comply with EU ETS rules.
The EUTL is the successor of the Community Independent Transaction Log, which had a similar role before the Union Registry was introduced.
Kyoto registries
The Union Registry also acts as a Kyoto Protocol (KP) registry to assist the EU and EU countries to meet their obligations as a party to the Kyoto Protocol.
Amendments
Amending Regulation (EU) 2015/1844 outlines the implications and new procedures for the Union Registry and the national KP registries following the Doha Amendment to the Kyoto Protocol, for consistent implementation of internationally agreed accounting requirements.
Regulations (EU) 2018/208 and 2019/401 introduced the possibility to protect the integrity of the EU ETS in the case of Brexit.
Regulation (EU) 2019/1122, which will replace this Regulation from 1 January 2021, sets out the possibility to link with the registries of other greenhouse gas emissions trading systems.
Application & Background
It has applied since 4 May 2013.
See also:
Kyoto 2nd commitment period (2013-20) (European Commission)
Paris Agreement (European Commission)
EU Emissions Trading System (EU ETS) (European Commission)
Union Registry (European Commission)
MAIN DOCUMENT
Commission Regulation (EU) No 389/2013 of 2 May 2013 establishing a Union Registry pursuant to Directive 2003/87/EC of the European Parliament and of the Council, Decisions No 280/2004/EC and No 406/2009/EC of the European Parliament and of the Council and repealing Commission Regulations (EU) No 920/2010 and No 1193/2011 (OJ L 122, 3.5.2013, pp. 1-59)
Successive amendments to Regulation (EU) No 389/2013 have been incorporated into the original document. This consolidated version is of documentary value only.
RELATED DOCUMENTS
Commission Delegated Regulation (EU) 2019/401 of 19 December 2018 amending Regulation (EU) No 389/2013 establishing a Union Registry (OJ L 72, 14.3.2019, pp. 4-5)
Commission Regulation (EU) 2018/208 of 12 February 2018 amending Regulation (EU) No 389/2013 establishing a Union Registry (OJ L 39, 13.2.2018, pp. 3-4)
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, pp. 13-40)
Decision No 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, pp. 136-148)
Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, pp. 32-46)