European Union (National Emission Ceilings) Regulations 2018

• Jurisdiction: Ireland
• Citation: IR SI 232/2018
• Year: 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th July, 2018.

I, DENIS NAUGHTEN, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by Section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 20161 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC2 and repealing Directive 2001/81/EC3 hereby make the following Regulations:

Citation

1. These Regulations may be cited as the European Union (National Emission Ceilings) Regulations 2018.

Entry into Force

2. These Regulations shall come into operation on 29 June 2018.

Definitions

3. (1) In these Regulations, save where the context otherwise requires:

“the Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Act, 1992 (No. 7 of 1992);

“the Directive” means 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;

“`Minister” means the Minister for Communications, Climate Action and Environment;

“emission” means the release of a substance from a point or diffuse source into the atmosphere;

“anthropogenic emissions” means atmospheric emissions of pollutants associated with human activities;

“air quality objectives” means the limit values, target values and exposure concentration obligations for air quality set out in Directive 2008/50/EC and Directive 2004/107/EC of the European Parliament and of the Council;

“sulphur dioxide” or “SO2” means all sulphur compounds expressed as sulphur dioxide, including sulphur trioxide (SO3), sulphuric acid (H2SO4), and reduced sulphur compounds such as hydrogen sulphide (H2S), mercaptans and dimethyl sulphides;

“nitrogen oxides” or “NOx” means nitric oxide and nitrogen dioxide, expressed as nitrogen dioxide;

“non-methane volatile organic compounds” or “NMVOC” means all organic compounds other than methane, that are capable of producing photochemical oxidants by reaction with nitrogen oxides in the presence of sunlight;

“fine particulate matter” or “PM2.5” means particles with an aerodynamic diameter equal to or less than 2.5 micrometres (μm);

“black carbon” or “BC” means carbonaceous particulate matter that absorbs light;

“national emission reduction commitment” means the Member States obligation in the reduction of emissions of a substance; it specifies the emission reduction that as a minimum has to be delivered in the target calendar year, as a percentage of the total of emissions released during the base year (2005);

“landing and take-off cycle” means the cycle that includes taxi in and out, take-off, climb out, approach, landing and all other aircraft activities that take place below the altitude of 3,000 feet;

“international maritime traffic” means journeys at sea and in coastal waters by water-borne vessels of all flags, except fishing vessels, that depart from the territory of one country and arrive in the territory of another country;

“pollution control zone” means a sea area not exceeding 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, established by a Member State for the prevention, reduction and control of pollution from vessels in accordance with applicable international rules and standards;

“Union source-based air pollution control legislation” means Union legislation which aims at reducing the emissions of air pollutants covered by this Directive by undertaking mitigation measures at the source;

“LRTAP Convention” means the 1979 UNECE Convention on Long Range Transboundary Air Pollution, including its protocols, annexes and appendices;

“TSAP 16” means the reports, “Adjusted historic emission data, projections, and optimized emission reduction targets for 2030 — A comparison with COM data 2013”, published in January 2015 by the International Institute for Applied Systems Analysis in support of the European Commission’s Thematic Strategy on Air Pollution, which aims to set out cost effective emission reduction potential for each of the relevant pollutants;

“Directive 2008/50/EC” means Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe;

“Directive 2000/60/EC” means Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy;

“Council Directive 92/43/EEC” means Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora;

“Regulation (EU) No 1306/2013 of the European Parliament and of the Council” means Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008;

“Directive 2010/75/EU” means Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control);

“Ammonia Guidance Document” means document ECE/EB.AIR/129, the UNECE Framework Advisory Code of Good Agricultural Practice for Reducing Ammonia Emissions, including its annexes and such updates as may be made from time to time;

“UNECE Guidance Document on Nitrogen Budgets” means document ECE/EB.AIR/119, the UNECE Guidance Document on National Nitrogen Budgets, including its annexes and such updates as may be made from time to time.

(2) In these Regulations—

(a) a reference to a paragraph or sub-paragraph which is not otherwise identified is a reference to a paragraph or sub-paragraph of these Regulations;

(b) a reference to a Schedule which is not otherwise identified is a reference to a Schedule to these Regulations;

(c) a letter, word, phrase or symbol which has been assigned a meaning by the Directive, or is used in the Directive, has that meaning where the context requires except where otherwise indicated.

National Emission Ceilings

4. (1) The Minister shall ensure that annual anthropogenic emissions of sulphur dioxide (SO2), nitrogen oxides (NOx), non-methane volatile organic compounds (NMVOC), ammonia (NH3), and fine particulate matter (PM2.5) are limited in accordance with the emission reduction commitments specified for each pollutant in tables A and B of Schedule 2, in accordance with the timeframe specified in those tables.

(2)(a) Without prejudice to paragraph (1), the Minister shall ensure that the 2025 anthropogenic emissions of sulphur dioxide (SO2), nitrogen oxides (NOx), non-methane volatile organic compounds (NMVOC), ammonia (NH3), and fine particulate matter (PM2.5), are consistent with a linear reduction trajectory established between the pollutants’ emission levels defined by the emission reduction commitments for 2020-2029 in Schedule 2 and the emission levels defined by the emission reduction commitments for 2030 in Schedule 2.

(b)(i) Notwithstanding the provisions of subparagraph (a), a non-linear reduction trajectory may be followed if this is more economically or technically efficient, provided that as from 2025 it converges progressively on the linear reduction trajectory and that it does not affect any emission reduction commitment for 2030.

(ii) Where a non-linear trajectory is being followed under clause (i), it and the reasons for following it shall be set out in the National Air pollution Control Programme established by the Minister in accordance with Regulation 6(1).

(c) Where the emissions for 2025 cannot be limited in accordance with the determined reduction trajectory, the reason for the deviation from the trajectory, as well as the measures required to return to the trajectory, shall be explained in the subsequent informative inventory reports provided to the European Commission in accordance with Regulation 9(2).

(d) for the purposes of paragraph (c) above, the Minister, following consultation with such other Minister of the Government as he or she considers appropriate, shall provide the Agency with the reasons for deviation from the trajectory and the measures required to return to the trajectory.

(3) The following emissions shall not be accounted for the purpose of complying with paragraphs 1 and 2:

(a) aircraft emissions beyond the landing and take-off cycle;

(b) emissions from international maritime traffic;

(c) emissions of nitrogen oxides and non-methane volatile organic compounds from activities falling under the 2014 Nomenclature for Reporting (NFR) as provided by the LRTAP Convention categories 3B (manure management) and 3D (agricultural soils).

Flexibilities

5. (1)(a) The Agency may establish, in accordance with Part 4 of Schedule 4, adjusted annual national emission inventories for sulphur dioxide, nitrogen oxides, non-methane volatile organic compounds, ammonia and fine particulate matter where non-compliance with the national emission reduction commitments in Schedule 2 would result from applying improved emission inventory methods updated in accordance with scientific knowledge.

(b) For the purpose of determining whether the relevant conditions set out in Part 4 of Schedule 4 are fulfilled, the emission reduction commitments for the years 2020 to 2029 shall be considered as having been set on 4 May 2012.

(c) As from 2025 the following additional conditions shall apply to adjustments in case of there being significantly different emission factors or methodologies used for determining...