Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants

By the year 2010 at the latest, Member States shall limit their annual national emissions of the pollutants sulphur dioxide (SO2), nitrogen oxides (NOx), volatile organic compounds (VOC) and ammonia (NH3) to amounts not greater than the emission ceilings laid down in Annex I, taking into account any modifications made by Community measures adopted following the reports referred to in Article 9.

Member States shall ensure that the emission ceilings laid down in Annex I are not exceeded in any year after 2010.

Member States shall, by 1 October 2002 at the latest, draw up programmes for the progressive reduction of national emissions of the pollutants referred to in Article 4 with the aim of complying at least with the national emission ceilings laid down in Annex I by 2010 at the latest.

The national programmes shall include information on adopted and envisaged policies and measures and quantified estimates of the effect of these policies and measures on emissions of the pollutants in 2010. Anticipated significant changes in the geographical distribution of national emissions shall be indicated.

Member States shall update and revise the national programmes as necessary by 1 October 2006.

Member States shall make available to the public and to appropriate organisations such as environmental organisations the programmes drawn up in accordance with paragraphs 1, 2 and 3. Information made available to the public and to organisations under this paragraph shall be clear, comprehensible and easily accessible.

In 2004 and 2008 the Commission shall report to the European Parliament and the Council on progress on the implementation of the national emission ceilings laid down in Annex I and on the extent to which the interim environmental objectives set out in Article 5 are likely to be met by 2010 and on the extent to which the long-term objectives set out in Article 1 could be met by 2020. The reports shall include an economic assessment, including cost-effectiveness, benefits, an assessment of marginal costs and benefits and the socioeconomic impact of the implementation of the national emission ceilings on particular Member States and sectors. They shall also include a review of the limitations of the scope of this Directive as defined in Article 2 and an evaluation of the extent to which further emission reductions might be necessary in order to meet the interim environmental objectives set out in Article 5. They shall take into account the reports made by Member States pursuant to Article 8(1) and (2), as well as, inter alia:

1. any new Community legislation which may have been adopted setting emission limits and product standards for relevant sources of emissions;

2. developments of best available techniques in the framework of the exchange of information under Article 16 of Directive 96/61/EC;

3. emission reduction objectives for 2008 for emissions of sulphur dioxide and nitrogen oxides from existing large combustion plants, reported by Member States pursuant to Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants⁽¹⁾;

4. emission reductions and reduction commitments by third countries, with particular focus on measures to be taken in the accession candidate countries, and the possibility for further emission reductions in regions in the vicinity of the Community;

5. any new Community legislation and any international regulations concerning ship and aircraft emissions;

6. the development of transport and any further action to control transport emissions;

7. developments in the field of agriculture, new livestock projections and improvements in emission reduction methods in the agricultural sector;

8. any major changes in the energy supply market within a Member State and new forecasts reflecting the actions taken by Member States to comply with their international obligations in relation to climate change;

9. assessment of the current and projected exceedances of critical loads and the WHO's guideline values for ground-level ozone;

10. the possibility of identification of a proposed interim objective for reducing soil eutrophication;

11. new technical and scientific data including an assessment of the uncertainties in:

    1. national emission inventories;

    2. input reference data;

    3. knowledge of the transboundary transport and deposition of pollutants;

    4. critical loads and levels;

    5. the model used;

    and an assessment of the resulting uncertainty in the national emission ceilings required to meet the interim environmental objectives mentioned in Article 5.

12. whether there is a need to avoid excessive costs for any individual Member State;

13. a comparison of model calculations with observations of acidification, eutrophication and ground-level ozone with a view to improving models;

14. the possible use, where appropriate, of relevant economic instruments.

In 2012 the Commission shall report to the European Parliament and the Council on compliance with the ceilings in Annex I and on progress in relation to the interim environmental objectives in Article 5 and the long-term objectives set out in Article 1. Its report shall take account of the reports made by Member States pursuant to Article 8(1) and (2) as well as the matters listed in points (a) to (n) of paragraph 1.