IRELAND ISSUE2.106/11/2017

Reviewofthe new adjustments applicationofIreland submitted in 2017:TERT report for the EC

Version Control

Issue1 (08/09/2017): This version was issued as a “draft for comment”.

Issue2 (18/10/2017): Ireland sent formal comments on Issue1, and provided further information regarding adjustment applications and decisions for 2H2 Food and drink and 2G4 Other product use, tobacco. This resulted in changes to the recommendations to accept/reject these specific adjustment applications. These changes are captured in this version of the report.

Issue2.1 (06/11/2017): Includes minor text amendments following comments received from the European Commission.

Table1Summary Information on the Submitted Adjustment Application, Ireland2017

Reasons for adjustment application (Directive 2016/2284, Article 5.1 and Annex IV, Part 4; see also: EBDecision 2012/3, para 6 as amended by EB Decision 2014/1, Annex, para 3) / Stationary combustion: Revised EFs
Mobile combustion 1A3bi-iv, 1A3c, 1A3dii and 1A4ciii: Revised EFs
Fugitive emissions from oil refining/storage 1B2aiv: New source
Industrial processes and product use 2H2 and 2G: New sources
Agriculture, 3B, 3D: New sources
Pollutant/sector for which adjustment is applied for / NOx, NMVOC
Year(s) for which inventory adjustment is applied / 2010 - 2015
Date of notification of adjustment to the EEA via the EIONET Central Data Repository (CDR) / 15thFebruary 2015
Date of submission of supporting documentation / 15thMarch2017, resubmission 23rdMay 2017, additional supporting information submitted through September and October 2017.

1.1Introduction

  1. Article 5.8 of the NECD text (Directive (EU) 2016/2284) explains that “The Commission, when exercising its powers under paragraphs 6 and 7 (reviewing the use of flexibilities), shall take into account the relevant guidance documents developed under the LRTAP Convention.” Article 8.4 and Part 4 of Annex IV of the NECD text further specify that MS that opt for the adjustment flexibility must include supporting information in the Informative Inventory Report, including a demonstration that the use of the adjustment procedure fulfils the relevant conditions set out in Article 5.1 and Part 4 of Annex IV. The minimum supporting information required is highlighted in Part 4.1 of Annex IV (which is based on Part 1, paragraph 2 of the Annex to LRTAP Executive Body Decision 2012/12). In the chapeau of Annex IV it is further specified that adjusted emission inventories should be prepared using the EMEP reporting guidelines (which in its turn contains references to the relevant EB decisions 2012/3 and 2012/12, as amended in 2014/1), while also adding that reliance upon these EMEP reporting guidelines is without prejudice to the additional arrangements specified in Part 4 of Annex IV.Consequently, the review of Adjustment applications under the NECD will in principle follow the process for reviewing Adjustment applications made under the CLRTAP (as presented in relevant EB decisions), however (formally) without prejudice to the additional arrangements specified in Part 4 of Annex IV of the new NECD.[1] It allows inter alia the submission of additional information during the review, necessary for a proper and full assessment of the adjustment application.
  2. Member States may apply to adjust their inventory data or emission reduction commitments if they are in non-compliance with their emission ceilings established in NEC Directive 2001/81/EC (in accordance with article 21(2) of new NECD). If a MS applies for more than one adjustment and not all these adjustments are required to bring that MS into compliance, that MS should be informed that in accordance with the intent of the adjustment procedure, recommendation for approvalwill be limited to adjustments necessary to bring compliance and be invited to withdraw one or more of its adjustments.In making an adjustment application, MS must demonstrate that extraordinary circumstances have given rise to revisions to their emissions estimates. These extraordinary circumstances fall into three broad categories:

a)Emission source categories are identified that were not accounted for at the time when the emission reduction commitments were set; or

b)For a particular source, the emission factors used to estimate emissions for the year in which emissions reduction commitments are to be attained are significantly different to those used when the emission reduction commitments were set; or

c)The methodologies used for determining emissions from specific source categories have undergone significant changes between the time when emission reduction commitments were set and the year they are to be attained.

Technical corrections and revised estimates may change the national emission totals making a specific adjustment no longer necessary or make a specific adjustment incompatible/invalid when applied to the same category for which a technical correction or revised estimate was approved. Adjustment applications that are affected by technical corrections or revised estimates should also be reviewed in these cases, but any recommendation on the review of concerned adjustment applications should be subject to the outcome of the work on technical corrections and revised estimates. The review of an adjustment application can recommend acceptance or rejection. In the case of a rejection, the recommendation may be accompanied by information explaining that the principle of the adjustment is considered appropriate but that the quantification has not been determined correctly, or it has not been possible to adequately assess the quantification in the time available for the review. Consequently, it may appropriate for Member States to consider resubmitting selected rejected applications at a future date.

  1. Any MS submitting an application for an adjustment to its inventory is required to notify the European Commission by 15 February at the latest. As explained above the supporting information must be included in the Informative Inventory Report (by 15 March of the same year) including a demonstration that the use of the adjustment procedure fulfils the relevant conditions set out in Article 5.1 and Part 4 of Annex IV. The minimum supporting information required is specified in Part 4.1 of Annex IV.
  2. As mandated by the European Union’s National Emissions Ceilings Directive (Directive (EU) 2016/2284) applications for adjustments that are submitted by Ireland are subject to an expert review.
  3. The reviewers undertake a detailed technical review of the adjustment application in cooperation with EEA and make a recommendation to the European Commission on the acceptance or rejection of the application. The European Commissionthen takes its decision on any adjustment application based on the outcome of the technical assessment completed by the reviewers considering also the effect of technical corrections and revised estimates.
  4. Review of Submitted Adjustments

Table2Expert Review Team

Role / Sectors / Name / Country
Adjustment lead reviewer / All / Ole-Kenneth Nielsen / Denmark
Primary expert reviewer / Energy Stationary 1A4 ai + 1A4bi / Laetitia Serveau / France
Secondary expert reviewer / Energy Stationary 1A4 ai + 1A4bi / Rianne Dröge / The Netherlands
Primary expert reviewer / Mobile combustion: Road transport 1A3b, Railways 1A3c, National navigation 1A3dii and fishing 1A4ciii / Michael Kotzulla / Germany
Secondary expert reviewer / Mobile combustion: Road transport 1A3b, Railways 1A3c, National navigation 1A3dii and fishing 1A4ciii / Tim Murrells / United Kingdom
Primary expert reviewer / Fugitive emissions from fuels, refining/storage of oil, 1B2aiv / Alicia Gonzalez / Spain
Secondary expert reviewer / Fugitive emissions from fuels, refining/storage of oil, 1B2aiv / Jeroen Kuenen / The Netherlands
Primary expert reviewer / Industrial processes and product use, 2G4, 2H / Ardi Link / Estonia
Secondary expert reviewer / Industrial processes and product use, 2G4, 2H / Patrik Fauser / Denmark
Primary expert reviewer / Agriculture 3B, 3D / Beatriz Sanchez / Spain
Secondary expert reviewer / Agriculture 3B, 3D / J Webb / United Kingdom
Basic checks (Step 1 and 2) / N/A / Katarina Mareckova, Melanie Tista / Project team

1.2.1Assessment of Formal Criteria

  1. Ireland notified the European Commissionthrough the EIONET Central Data Repository(CDR) partnership network of the EEA of its intention to apply for adjustments on 15 February 2017. All supporting information requested by Directive 2016/2284, Article 5.1, Article 8.4 and Annex IV, Part 4 was providedas part of the Informative Inventory Reportby the legal deadline of the 15 March of the same year, however Irelandresubmitted their IIR on the 23rd May 2017.Additional documentation was provided during the review in response to requests from the TERT.Section1.10lists the documentation provided by Ireland.
  2. Ireland submitted an application for emissions adjustments to 2010-2015 for the pollutants and sectors indicated below:
  3. NOx – Stationary combustion in commercial, institutional and residential plants, 1A4ai & 1A4bi
  4. NOx – Mobile combustion: Road transport 1A3bi-iv, railways 1A3c, national navigation (1A3dii)and fishing 1A4ciii
  5. NOx – Fugitive emissions from fuels, refining/storage of oil, 1B2aiv
  6. NMVOC – Food and drink, 2H2
  7. NMVOC – Otherproduct use, 2G
  8. NMVOC – Agriculture, 3B and 3D
  9. Irelandprovided information on exceedance of emission ceilings (Directive 2001/81/EC) for NOx and NMVOC from 2010.
  10. Ireland providedinformation on the impact of the adjustment to its emission inventory, and the extent to which it would reduce the current exceedance and possibly bring Ireland in compliance with emission reduction commitments.
  11. Irelandincluded information on when it will meet its emission ceilings for NOx and NMVOC without the adjustment in the supporting documentation.
  12. The adjustment application requires the provision of specific supporting information to demonstrate compliance with specific criteria (Directive 2016/2284, Annex IV, Part 4.1(d), and EB Decision 2012/3, para 6a-c as amended by EB Decision 2014/1, Annex, para 3).Ireland providedsupporting documentation and the reviewers have reviewed this information (see section 1.10) with regard to these criteria. The reviewers considered the supporting information provided by Ireland to be complete.
  13. Stationary combustion, 1A4ai and 1A4bi (NOx)
  14. Assessment of Consistency with Requirements of the NECD (2016/2284) and Methodologies adopted by Parties to the LRTAP Convention, EBDecision 2012/3 as amended by EB Decision 2014/1
  15. Irelandmade an application based on criteria: “Significantly different emission factors”.
  16. The reviewersstudied the documentation that was provided to support the application (listed in section 1.10).
  17. The supporting information provided by Ireland before and during the review clearly presented the adjustment totals, and the method of calculation was transparent.
  18. Assessment of the Quantification of the Impact of the Revision
  19. The adjustment application process requires that Ireland submits a quantification of the impact of the adjustment for which an application has been submitted.Table 3 provides an overview of the NOxadjustment applications of Ireland in the stationary combustion sector.

Table 3 Ireland’s NOx Adjustment Applications for stationary combustion, 2010-2015

Reference number / Pollutant / NFR14 / unit / 2010 / 2011 / 2012 / 2013 / 2014 / 2015
IE-adjustment7 / NOx / 1A4ai / kt / -1.272 / -1.186 / -1.174 / -1.069 / -0.959 / -0.921
IE-adjustment8 / NOx / 1A4bi / kt / -0.474 / -0.458 / -0.453 / -0.514 / -0.411 / -0.375
NOx / Total / kt / -1.746 / -1.644 / -1.627 / -1.583 / -1.37 / -1.296
  1. In its application for an adjustment Ireland indicated that its national totals of NOx emissions would be below their ceilings in accordance with the NECDfor 2011 onwards, if the proposed adjustments are accepted(this includes also the adjustment applications for NOx from mobile combustion (1A3b, 1A3c, 1A3dii and 1A4ciii) and fugitive emissions (1B2aiv), see section 1.4 and 1.5).
  2. The TERT concluded that increased emissions are caused by significantly different emission factors currently used by Ireland in the current inventory. The reviewers are therefore of the opinion that this is a valid case for an adjustment.
  3. Mobile combustion, 1A3bi-iv (road transport), 1A3c (railways), 1A3dii (national navigation) and1A4ciii (fishing) (NOx)
  4. Assessment of Consistency with Requirements of the NECD (2016/2284) and Methodologies adopted by Parties to the LRTAP Convention, EBDecision 2012/3 as amended by EB Decision 2014/1
  5. Irelandmade an application based on criteria: “Significantly different emission factors”.
  6. The reviewersstudied the documentation that was provided to support the application (listed in section 1.10).
  7. The supporting information provided by Ireland before and during the review clearly presented the adjustment totals, and the method of calculation was transparent.
  8. Assessment of the Quantification of the Impact of the Revision
  9. The adjustment application process requires that Ireland submits a quantification of the impact of the adjustment for which an application has been submitted.Table 4 provides an overview of the NOx adjustment applications of Ireland in the mobile combustion sector.

Table 4 Ireland’s NOxadjustment Applications for mobile combustion, 2010-2015

Reference number / Pollutant / NFR14 / unit / 2010 / 2011 / 2012 / 2013 / 2014 / 2015
IE-adjustment1 / NOx / 1A3bi / kt / -4.804 / -5.125 / -5.957 / -6.812 / -6.973 / -6.840
IE-adjustment2 / NOx / 1A3bii / kt / -1.020 / -0.785 / -0.508 / -0.356 / 0.306 / 0.841
IE-adjustment3 / NOx / 1A3biii / kt / -2.460 / -2.427 / -2.126 / -2.573 / -2.363 / -0.436
IE-adjustment4 / NOx / 1A3biv / kt / -0.006 / -0.004 / -0.003 / -0.003 / -0.002 / -0.002
IE-adjustment5 / NOx / 1A3c / kt / -0.665 / -0.673 / -0.644 / -0.641 / -0.588 / -0.600
IE-adjustment6 / NOx / 1A3dii / kt / -2.249 / -1.953 / -2.064 / -2.019 / -2.527 / -2.492
IE-adjustment9 / NOx / 1A4ciii / kt / -1.813 / -1.502 / -1.662 / -1.850 / -1.762 / -1.549
NOx / Total / kt / -13.018 / -12.469 / -12.965 / -14.253 / -13.910 / -11.078
  1. In its application for an adjustment Ireland indicated that its national totals of NOx emissions would be below their ceilings in accordance with the NECDfor 2011 onwards, if the proposed adjustments are accepted (this includes also the adjustment applications for NOx from stationary combustion (1A4ai and 1A4bi) and fugitive emissions (1B2aiv), see section 1.3 and 1.5).
  2. The TERT concluded that increased emissions are caused by significantly different emission factors currently used by Ireland in the current inventory. The reviewers are therefore of the opinion that this is a valid case for an adjustment.
  3. Fugitive emissions from oil refining/storage, 1B2aiv (NOx)
  4. Assessment of Consistency with Requirements of the NECD (2016/2284) and Methodologies adopted by Parties to the LRTAP Convention, EBDecision 2012/3 as amended by EB Decision 2014/1
  5. Irelandmade an application based on criteria: “a new source”.
  6. The reviewersstudied the documentation that was provided to support the application (listed in section 1.10).However, during the technical review of the emissions inventory, the TERT concluded that there was a double-counting of emissions between combustion (1A1b) and processes (1B2aiv). Ireland provided the TERT with a revised estimate, changing the emission to zero (or included elsewhere). The made the adjustment application no longer valid, and consequently Ireland opted to withdraw the adjustment application.
  7. Food and Drink, 2H2 (NMVOC)
  8. Assessment of Consistency with Requirements of the NECD (2016/2284) and Methodologies adopted by Parties to the LRTAP Convention, EBDecision 2012/3 as amended by EB Decision 2014/1
  9. Irelandmade an application based on criteria: “a new source”.
  10. In the application, Ireland states that: “NMVOC emissions from the food and beverage industry were not included in Ireland’s national emissions inventory in 1999, when the ceilings were set”.

Table 5 Ireland’s NOx adjustment Applications for mobile combustion, 2010-2015

Reference Number / Pollutant / NFR14 / NFR14 Name / Unit / 2010 / 2011 / 2012 / 2013 / 2014 / 2015
IE-adjustment12.1 / NMVOC / 2H2 / Bread / kt / -2.54 / -1.69 / -1.57 / -1.81 / -1.68 / -1.65
IE-adjustment12.2 / NMVOC / 2H2 / Baking Products (Bread) / kt / -0.04 / -0.02 / -0.02 / -0.03 / -0.04 / -0.04
IE-adjustment12.3 / NMVOC / 2H2 / Beer / kt / -0.27 / -0.27 / -0.29 / -0.28 / -0.26 / -0.28
IE-adjustment12.4 / NMVOC / 2H2 / Spirits / kt / -6.91 / -7.4 / -7.88 / -8.37 / -9.52 / -10.78
IE-adjustment12.5 / NMVOC / 2H2 / Meat, frying / kt / -0.11 / -0.11 / -0.11 / -0.12 / -0.12 / -0.12
IE-adjustment12.6 / NMVOC / 2H2 / Meat, rendering / kt / -0.32 / -0.32 / -0.3 / -0.31 / -0.34 / -0.34
IE-adjustment12.7 / NMVOC / 2H2 / Coffee roasting / kt / 0 / 0 / 0 / 0 / 0 / 0
IE-adjustment12.8 / NMVOC / 2H2 / Feedstock / kt / -2.49 / -2.47 / -3.43 / -3.66 / -3.06 / -3.23
NMVOC / Total / -12.68 / -12.27 / -13.61 / -14.57 / -15.02 / -16.44
  1. During the review week, the TERT noted that methodologies for the estimation of NMVOC emissions from the food and drink industry were included in the EMEP/CORINAR Inventory Guidebook 1999.
  2. The reviewersstudied the documentation that was provided to support the application (listed in section 1.10).
  3. While Part 4 of Annex IV to the NECD states as a requirement that in cases of new sources “evidence that this source category was not included in the relevant historic national emission inventory at the time when the emission reduction commitment was set” should be provided. However, Annex IV also makes reference to the methodologies and guidance adopted under the Convention on Long-Range Transboundary Air Pollution: “For the pollutants referred to in Annex I, Member States shall prepare … adjusted national emission inventories where relevant … using the methodologies adopted by Parties to the LRTAP Convention …”
  4. Decision 2014/1 of the Executive Body clarifies that “an emission source category for a specific pollutant will only qualify as a new emission source category if emission estimates for that source category were introduced to the national emission inventory after the emission reduction commitment for that pollutant was set and where no methodology was provided in the EMEP/EEA air pollutant emission inventory guidebook for determining emissions from that source category at the time that the emission reduction commitment was set” (Paragraph 3 of the Annex to Decision 2014/1).
  5. The TERT concluded that the increased emissions reported by Ireland did not comply with the requirements for a new emission source as defined in Decision 2014/1.However, following the issue of the draft findings, Ireland provided further information. In particular they referred to paragraph 2 bis (a) (i) of Decision 2012/12 (as amended by ECE.EB.AIR/127/Add.1 (2014/1)), that indicates that a new source is eligible for an adjustment for a new source if a methodology existed in the relevant version of the EMEP/EEA Guidebook, but the “Party can demonstrate that it was unable to apply this methodology due to a lack of relevant national statistical data...”. They also included information that showed that the national data for spirit manufacture was confidential and was therefore not available when the ceilings were set. The TERT checked this, and confirmed that the relevant data in the 1998 PRODCOM dataset was reported as “Confidential”. Ireland confirmed that they did not intend to provide information relating to other subsectors of 2H2 for the 2017 adjustments review.
  6. The reviewers are therefore of the opinion that IE-Adjustment12.4 for 2H2 Spirits manufacture is a valid case for an adjustment, but that the application for all other subsectors of 2H2 (Baking Products (Bread), Beer, Meat frying, Meat rendering, Coffee roasting) are not a valid case for an adjustment.
  7. Other ProductUse, 2G (NMVOC)
  8. Assessment of Consistency with Requirements of the NECD (2016/2284) and Methodologies adopted by Parties to the LRTAP Convention, EBDecision 2012/3 as amended by EB Decision 2014/1
  9. Irelandmade an application based on criteria: “a new source”.
  10. The application was made for two activities within the 2G Other Product Use category, namely seed oil extraction and tobacco use.
  11. The TERT noted that no methodology for the estimation of NMVOC emissions from tobacco use was included in the EMEP/CORINAR Inventory Guidebook 1999. The TERT concludes that the provided supporting evidence does comply with the criteria presented in Decision 2012/3 and Decision 2014/1, and that the circumstances on which the adjustment is based could not have been reasonably foreseen by Ireland, when the emission ceilings were established for 2010.
  12. The TERT further noted that the EMEP/CORINAR Inventory Guidebook 1999 did contain a methodology and default emission factors for seed oil extraction. The TERT concludes that the provided supporting evidence does not comply with the criteria presented in Decision 2012/3 and further elaborated by Decision 2014/1.
  13. The reviewersstudied the documentation that was provided to support the application (listed in section 1.10).
  14. The supporting information provided by Ireland clearly presented the adjustment totals, and the method of calculation was transparent.
  15. Assessment of the Quantification of the Impact of the Revision
  16. The adjustment application process requires that Ireland submits a quantification of the impact of the adjustment for which an application has been submitted.Table 5provides an overview of the NMVOC adjustment applications of Ireland in theOther product use sector.

Table 5 Ireland’s NMVOC Adjustment Applications for Other product use, 2010-2015