Reporting requirements for compliance checking under the NEC directive
Stefan Jacobi; European Commission, DG Environment
Background
Directive 2001/81/EC on national emission ceilings for certain atmospheric pollutants (the so-called NEC directive) requires Member States to establish and report emission inventories and projections (up to 2010) for the four pollutants covered (sulphur dioxide (SO2), nitrogen oxides (NOx), volatile organic compounds (VOC) and ammonia (NH3)) and to report this data yearly to EC and the EEA. Additionally MS’s are obliged to draw up “national programs” (by October 2002 at the latest) to show how they are going to meet the national emission ceiling by 2010 at the latest. The EC shall be informed about these national programs latest by 31 December 2002.
The NEC directive is closely related to the Göteborg Protocol, adopted under the UN/ECE Convention on Long-range Transboundary Air Pollution in 1999.
The first deadline for reporting emission inventories and projections under NECD was 31.12.2002. MS’s must report final emission inventories for the previous but one year, provisional data for the previous year and projections for 2010. Up to the same date the national programs had to be reported. An update of the national programs shall be drawn up until 2006 (31 October).
State of play
Only a small number of MS’s met the reporting deadline 31 December 2002.
By mid march still most of the national programs (9 out of 15) but only a limited number of reports on emissions and projections (3 out of 15) were missing. The EC started an infringement procedure on bad application of the NEC directive and sent out letters of formal notice in June to remaining seven MS’s that did not comply with the reporting obligations. By the end of June all reports an emissions inventories and projections were finally delivered whereas until now (mid September 2003) the national programs from three MS’s are still pending.
Why is this important?
The emission data to be reported under NEC and LRTAP are required in the context of the CAFE program. In particular in the context of developing the CAFE baseline scenario and the integrated assessment modelling, availability of this data in due time is indispensable in order to keep the scheduled timeframe of the program. The baseline and IAM infrastructure will serve as a cornerstone for the assessment of policy options and measures to be considered in the context of the thematic strategy. A delay in obtaining the data will entail a corresponding delay in coming forward with the thematic strategy.
Clarification on emission-sectors to be covered under the NEC directive
According to Article 7(3) of the NEC directive referring to Annex III, MS’s shall establish emission inventories and projections using methodologies agreed upon by the Convention on Long-Range Transboundary Air Pollution and are requested to use the joint EMEP/CORINAIR guidebook in preparing these inventories and projections.
This link led to some confusion because of inconsistencies between the requirements of the NEC directive (e.g. concerning the sectors of emissions covered) and the EMEP/CORINAIR guidebook, in combination with the UNECE/CLRTAP Guidelines for estimating and reporting emission data (e.g. concerning emissions from international inland shipping).
It is important to point out that emissions of the pollutants specified from all sources that are not excluded explicitly have to be reported under the NEC directive. Article 2 of the Directive specifies the only exceptions of sources not covered to be:
(a) emissions from international maritime traffic
and
(b) aircraft emissions beyond landing and take-off cycle
Article 2 cannot be derogated by Annex III, because a change in methodologies can never alter the scope of a Directive (the methodologies are supposed to serve the aim of the Directive, rather than the opposite).