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Council Decision (EU) 2017/1757 of 17 July 2017 on the acceptance on behalf of the European Union of an Amendment to the 1999 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution to Abate Acidification, Eutrophication and Ground-Level Ozone

EU Decision 2017/1757 · Adopted 17 July 2017 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Council Decision (EU) 2017/1757

of 17 July 2017

on the acceptance on behalf of the European Union of an Amendment to the 1999 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution to Abate Acidification, Eutrophication and Ground-Level Ozone

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1), in conjunction with Article 218(6)(a) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliamentf1,

Whereas:

(1)

The Union is a party to the 1979 Convention on Long-Range Transboundary Air Pollution (‘the Convention’) following the approval thereof by the European Economic Community pursuant to Council Decision 81/462/EECf2.

(2)

The Union is a party to the 1999 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution to Abate Acidification, Eutrophication and Ground-Level Ozone (‘the Gothenburg Protocol’) following the accession thereto by the European Community pursuant to Council Decision 2003/507/ECf3.

(3)

The parties to the Gothenburg Protocol opened negotiations in 2007 with a view to improving further the protection of human health and the environment, including through the establishment of new emission reduction obligations for selected air pollutants to be achieved by the year 2020 and the updating of emission limit values addressing emissions of air pollutants at source.

(4)

The parties present at the 30th session of the Executive Body of the Convention adopted by consensus Decisions 2012/1/EC and 2012/2/EC amending the Gothenburg Protocol.

(5)

The Amendments set out in Decision 2012/1/EC entered into force and became effective on the basis of the expedited procedure provided for in Article 13(4) of the Gothenburg Protocol.

(6)

The Amendment set out in Decision 2012/2/EC (‘the Amendment’) requires acceptance by the Parties to the Gothenburg Protocol in accordance with Article 13(3) thereof.

(7)

The Union has already adopted instruments on matters covered by the Amendment, including Directives 2001/81/ECf4, (EU) 2016/2284f5, 2010/75/EUf6 and (EU) 2015/2193f7 of the European Parliament and of the Council and Regulations (EC) No 595/2009f8 and (EC) No 715/2007f9 of the European Parliament and of the Council.

(8)

The Amendment should therefore be approved on behalf of the Union,

HAS ADOPTED THIS DECISION:

Annotations to the whole text

Footnotes

f1

Consent of 5 July 2017 (not yet published in the Official Journal).

f2

Council Decision 81/462/EEC of 11 June 1981 on the conclusion of the Convention on long-range transboundary air pollution (OJ L 171, 27.6.1981, p. 11).

f3

Council Decision 2003/507/EC of 13 June 2003 on the accession of the European Community, to the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution to Abate Acidification, Eutrophication and Ground-Level Ozone (OJ L 179, 17.7.2003, p. 1).

f4

Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants (OJ L 309, 27.11.2001, p. 22).

f5

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 (OJ L 344, 17.12.2016, p. 1).

f6

Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).

f7

Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p. 1).

f8

Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (OJ L 188, 18.7.2009, p. 1).

f9

Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1).

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. Signature
  5. Annex: Amendment of the text of and Annexes II to IX to the 1999 Protocol to Abate Acidification, Eutrophication and Ground-level Ozone and the addition of new Annexes X and XI
  6. Preamble
  7. 1Division 1
  8. 2Division 2
  9. 3Division 3
  10. 4The following preambular paragraph is added between the fourth and fifth preambular paragraphs:
  11. 5For the sixth preambular paragraph there is substituted:
  12. 6For the seventh preambular paragraph there is substituted:
  13. 7The ninth and tenth preambular paragraphs are replaced by the following preambular paragraphs:
  14. 8Division 8
  15. 9Division 9
  16. 10Division 10
  17. 11In the twenty-second preambular paragraph:
  18. 12Division 12
  19. Article 1
  20. 1The following paragraph is added after paragraph 1:
  21. 2Division 2
  22. 3The following paragraphs are added after paragraph 11:
  23. 4Division 4
  24. 5Division 5
  25. 6For paragraph 16 there is substituted:
  26. Article 2
  27. 1In the chapeau:
  28. 2Division 2
  29. 3Division 3
  30. 4Division 4
  31. 5New subparagraphs (d), (e) and (f) are added after subparagraph (c) as follows:
  32. 6A new paragraph 2 is added at the end of article 2 as follows:
  33. Article 3
  34. 1In paragraph 1:
  35. 2Division 2
  36. 3Division 3
  37. 4New paragraphs 2 bis and 2 ter are inserted as follows:
  38. 5Division 5
  39. 6For paragraph 6 there is substituted:
  40. 7For paragraph 7 there is substituted:
  41. 8In paragraph 8 (b):
  42. 9Division 9
  43. 10Division 10
  44. 11For paragraph 11 there is substituted the following:
  45. 12New paragraphs are added after paragraph 11 as follows:
  46. Article 3 bis
  47. 1A new article 3 bis is added as follows:
  48. Article 4
  49. 1Division 1
  50. 2Division 2
  51. Article 5
  52. 1In paragraph 1 (a):
  53. 2For paragraph 1 (c) is substituted:
  54. 3Division 3
  55. 4A new paragraph 1 (e) is added as follows:
  56. 5In paragraph 2 (e):
  57. Article 6
  58. 1Division 1
  59. 2Division 2
  60. 3Division 3
  61. 4Division 4
  62. 5For paragraph 2 is substituted:
  63. 6A new paragraph 2 bis is inserted as follows:
  64. Article 7
  65. 1Division 1
  66. 2For the chapeau of paragraph 1 (b) is substituted:
  67. 3Division 3
  68. 4In paragraph 1 (b) (ii):
  69. 5Division 5
  70. 6For paragraph 1 (b) (iv) is substituted:
  71. 7A new paragraph 1 (b bis) is added as follows:
  72. 8For paragraph 1 (c), there is substituted:
  73. 9A new subparagraph (d) is added after subparagraph 1 (c) as follows:
  74. 10For the chapeau to paragraph 3, there is substituted:
  75. 11Division 11
  76. 12Division 12
  77. 13New subparagraphs (c) and (d) are inserted after subparagraph 3 (b) as follows:
  78. 14Division 14
  79. 15Division 15
  80. 16Division 16
  81. 17A new paragraph 6 is added as follows:
  82. Article 8
  83. 1Division 1
  84. 2Division 2
  85. 3After paragraph (d), a new paragraph (d bis) is added as follows:
  86. 4Division 4
  87. 5Division 5
  88. 6In paragraph (g):
  89. 7In paragraph (k):
  90. Article 10
  91. 1Division 1
  92. 2In paragraph 2 (b):
  93. 3New paragraphs 3 and 4 are added as follows:
  94. LArticle 13
  95. MArticle 15
  96. NNew Article 18 bis
  97. OAnnex II
  98. Annex III
  99. 1Division 1
  100. 2A new subheading and paragraph are added before the entry for the Russian Federation PEMA as follows:
  101. 3For the paragraph underneath the subheading ‘Russian Federation PEMA’ there is substituted:
  102. Annex IV
  103. 1For annex IV the following text is substituted:
  104. RAnnex V
  105. SAnnex VI
  106. TAnnex VII
  107. UAnnex VIII
  108. Annex IX
  109. 1Division 1
  110. 2Division 2
  111. 3Division 3
  112. Annex X
  113. 1A new annex X is added as follows:
  114. XAnnex XI