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Europe Daily Bulletin No. 11586
Contents Publication in full By article 20 / 30
SECTORAL POLICIES / (ae) environment

Provisional agreement on NEC directive review disappoints NGOs

Brussels, 04/07/2016 (Agence Europe) - The agreement reached between the European Parliament and the Council in the evening of 30 June on revision of the directive on national ceilings for emissions of certain air pollutants (Directive 2003/35/EC, known as the NERC directive) is a victory for the pragmatism of the Dutch Presidency of the Council of the EU which had made reducing the air pollution that is the cause of 400,000 premature deaths every year in the EU a priority (see EUROPE 11584).

It was welcomed by negotiators and by European Environment Commissioner Karmenu Vella. Environmental and public health NGOs, on the other hand, say that this compromise does not provide the protection that it should for people's health.

The agreement has still to be approved by both the Parliament and the Council. Parliament is expected to put it to the vote in the autumn. The text will then be submitted to the Council for final approval at first reading.

Reducing premature deaths by close to a half. The Commission's initial proposal aimed to cut annual premature deaths by 52% by 2030. The Council's general approach set a target of a 48% reduction (see EUROPE 11455). The text of the formally agreed compromise aims to reduce premature deaths by 49.6%.

Under the terms of the agreement, Annex II of the revised NEC directive sets new national emissions reduction targets for each of the member states for five pollutants: sulphur dioxide (SO2), nitrogen oxides (NOx), non-methane volatile organic compounds (NMVOC), ammonia (NH3), and fine particulates (less than 2.5 micrometers in diameter).

Methane excluded. Methane, as the member states wanted (see EUROPE 11455), will not be included within the scope of the directive. The European Commission said, however, that it could trigger a review on this point. Between 2020 and 2029, limit values will be the same as those to which the member states signed up in the revised Gothenburg Protocol. Tougher limit values will be introduced from 2030.

Flexibility has been built in for member states which are finding difficulty in meeting their targets, in certain exceptional circumstances, such as, for example, a particularly harsh winter or an exceptionally dry summer. In such cases, the member states will be able to average out their emissions in that particular year with those of the previous or subsequent year.

As sought by MEPs, the agreed text reiterates the EU commitment to identify and respond to source control legislation that is failing to work, as demonstrated by the discrepancy between real world emissions and NOx test emissions from EURO 6 diesel cars.

Achievable goals. The targets for 2025 will, ultimately, only be indicative and member states will not be required to follow a straight-line trajectory towards achieving the 2030 targets (see EUROPE 11570). If member states deviate from the planned trajectory, they will have to provide reasons and indicate the action they intend to take to get back on track.

A recent report from the European Environment Agency showed frequent infringement of the current NEC directive by the member states which are already finding it difficult to comply with the national ceilings in force at present (see EUROPE 11570).

Parliament's chief negotiator Julie Girling (ECR, UK) is happy. “Ensuring member states are on track to reach their targets is key and I am confident this first reading agreement will contribute to better air quality for citizens across the EU”, she said. “We, in the Parliament, decided that our level of ambition on NEC should be as high as possible in order to save lives, but we also believe that these measures should remain cost-effective and realistic, and be based on robust scientific evidence”, stated Giovanni La Via (EPP, Italy) who chairs the Parliament's environment committee.

Commissioner Vella also hailed the spirit of compromise that allowed the “difficult and complex negotiations” to be brought to a conclusion. He said the revised directive would also bring direct savings for the economy by reducing both the number of working days lost and healthcare costs and would encourage investment in new technologies and green growth.

HEAL critical of the member states. The Health and Environment Alliance (HEAL) has expressed its disappointment at “the missed opportunity to significantly improve people's lives”. Even though, in October 2015, the European Parliament improved the Commission proposal, the agreed text includes new flexibilities and weakens the overall level of ambition on cutting emissions because of the EU member states' refusal to increase commitment for cleaner air, HEAL regrets. “The EU member states are entirely to blame. Instead of putting the health of their citizens first, EU member states have successfully pushed through a short-sighted agenda focusing on as much flexibility for continuing to pollute our air.” In so doing, “they ignored the warning from the World Health Organisation that air pollution is now the top environmental health threat facing Europe. At a time of crisis …, a more ambitious outcome would have been a much needed sign to citizens of the benefits of the European Union”, HEAL argues.

It points out health costs from air pollution in the EU are estimated at €330-940 billion per year and that, according to the latest Eurobarometer survey on air quality (No 360, 2013), 56% of all Europeans said they thought air quality had deteriorated over the previous 10 years and 51% thought EU air quality standards should be strengthened. (Original version in French by Aminata Niang)

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