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Update on the state of play of the implementation of the new air quality
directive 2008/50/EC
Béatrice Zaremba
Legal AdviserIndustrial Emissions UnitDG Environment
European Commission
Outline of the presentation
� The new air quality team
� The air quality legislation
� Compliance with the pollutant standards
� Time extensions
� Enforcement of the limit values
� Upcoming work
DG Environment, New Unit C3
Air Quality Team
� Deputy Head of Unit
� Thomas Verheye
� Thematic Strategy on Air Pollution
� Duncan Johnstone (co-ordination)
� Hans Meijer (Sulphur Content of Fuels, Shipping)
� Ambient Air Quality
� Andrej Kobe (co-ordination)
� Andrea Weber (Art 22 TE, reporting, …)
� Emile de Saeger (Art 22 TE, research, …), seconded from JRC
� NEC-Directive
� Andre Zuber (incl. UNECE CLRTAP)
� Legal Advisor
� Beatrice Zaremba
� Office Support
� Paulina Baran and Blaga Taseva
The air quality legislationObjectives and impacts
� Long term objective is to achieve levels of air pol lution with no significant risk for health and the environment (6th Environmental Action Programme of 2002)
� Request from co-legislators to develop a Thematic Strategy to deliver this objective
� Impacts (mainly from studies underpinning the Thema tic Strategy)� 350 000 premature mortalities due to fine particles (PM2.5)
� 20,000 cases of premature death from ozone� 22 Member States in non-compliance with AQ limits for PM10 in 2008
(similar position for nitrogen dioxide likely)� 300,000 km2 of ecosystems at risk from acidification
� 700,000 km2 of ecosystem at risk from eutrophication (excess nutrient nitrogen - loss of biodiversity)
� 800,000 km2 of forest at risk from elevated ozone levels
The air quality legislationThe thematic strategy: COM(2005)446
� 6th EAP objective unachievable in the medium term b ut the Strategy on air Pollution proposed interim objectiv es for improvement of health and the environment for 2020.
� Ca. 50% improvement in life years lost from fine particles� Ca. 10% improvement in acute mortality from ozone
� Other improvements in ecosystems exposed to acidification, eutrophication and ozone
� Measures to address emissions at source (vehicles, ships, petroldistribution, residential biomass combustion, indus trial emissions)
� Complemented by new Air Quality Directive 2008/50/E C� Responds to health concerns over PM2.5 with a new limit value and
exposure reduction targets� Responds to air quality compliance problems by allowing extra time for
compliance with PM10 and NO2 and benzene AQ limit values
The air quality legislationThe new air quality directive 2008/50/EC
� Most existing AQ legislation simplified by merging into a single directive (except for the fourth daughter directive on metals & PAHs)
� New air quality objectives for PM2.5 (fine particles)� A target value concentration of 25µg/m3 (annual): attained as far as possible by 1 January 2010;� A limit value concentration of 25µg/m3 (annual) to be attained everywhere by 1 January 2015. � A variable and non-binding national exposure reduction target to reduce the average of
measurements in a given calendar year by between 0% and 20% according to the size of the AEI in 2010 and is to be achieved by 2020
� The "exposure concentration " should not exceed 20µg/m3 by the end of 2015. This is calculated as the average concentration over a calendar year based upon measurements
� Possibility for time extensions for compliance (see later slide)� PM10: from 1 January 2005 to 11 June 2011� NO2, benzene:1 January 2010 to 1 January 2015
� Possibility to discount natural sources of pollution and resuspension attributable to winter sanding-salting of roads when assessing compliance against limit va lues
� Confirmation limit and target values apply througho ut the territory� Places where attainment is not to be assessed listed in Annex III (A.2)
The air quality legislationThe new air quality directive 2008/50/EC – How doesit work?
� Assessment (measurement or modelling) throughout th e territory relative to the air quality standards in the legislation
� Minimum requirements (N°of stations, siting of stat ions...)
� Inform public and Commission on Air Quality� Develop air quality plan to meet the limit value be fore it enters into force or
if deadline has passed asap afterwards� good planning requires an understanding of exceedence situation, future
evolution of air quality and a knowledge of the impact of abatement measures
� Timeliness is important: Measures may take years to have their full benefit
� Database of information from AQ plans submitted under time extension notifications available at http://circa.europa.eu/Members/irc/env/ambient/library?l=/management_database&vm=detailed&sb=Title
� Legal sanctions after limits enter into force
Compliance with the pollutant standardsair quality standards (limits and targets)
n/aTarget value by 01.01.20121 year5 ng/m³Cadmium (Cd)
n/aTarget value by 01.01.20121 year20 ng/m³Nickel (Ni)
n/aTarget value by 01.01.20121 year6 ng/m³Arsenic (As)
n/aTarget value by 01.01.20121 year1 ng/m³(expressed as concentration of Benzo(a)pyrene)
Polycyclic Aromatic Hydrocarbons
25 days averaged over 3 years
Target value by 01.01.2010Max daily 8 hour mean
120 µg/m3Ozone
n/aLimit value by 01.01.20101 year5 µg/m3Benzene
n/aLimit value by 01.01.2005Max daily 8-hr mean10 mg/m3Carbon monoxide
n/aLimit value by 01.01.20051 year0.5 µg/m3Lead (Pb)
n/aLimit value by 01.01.20051 year40 µg/m3
35Limit value by 01.01.200524 hours50 µg/m3PM10
n/aLimit value by 01.01.20101 year40 µg/m3
18Limit value by 01.01.20101 hour200 µg/m3Nitrogen dioxide
3Limit value by 01.01.200524 hours125 µg/m3
24Limit value by 01.01.20051 hour350 µg/m3Sulphur dioxide
n/aTarget value by 01.01.2010Limit value by 01.01.2015
1 year25 µg/m3***Fine particles (PM 2.5)
Permitted exceedenceseach year
Legal nature and deadlineAveraging periodConcentrationPollutant
Compliance with the pollutant standardsCurrent challenges: exceedances for NO2 and PM10 in 2008
Nitrogen dioxide NO2* Particulate matter PM10
Annual limit value of 40µg/m3
Hourly limit value of 200µg/m3
(18 permitted exceedences)
Annual limit value of 40µg/m3
Daily Limit value 50µg/m3
(35 permitted exceedences)
Zones in exceedence
179 18 96 288
Total N° zones
793 793 792 791
% exceedence
22.5% 2% 12% 36%
* Limit values for NO2 only enter into force on 1 January 2010
and so the exceedence is of LV+10% Margin of Tolerance
Time extension notifications(Art.22 of Dir. 2008/50/EC)
� Postponement of attainment deadline
� From 1.1.2005 to 11.6.2011: PM10
� From 1.1.2010 to 1.1.2015 (latest) for NO2 and Benzene
� Conditions for postponement
� All appropriate measures have been taken to achieve compliance by the initial attainment date, i.e. 2005 or 2010
� Compliance will be achieved with the limit values by the new deadline
� All notifications must be accompanied by an Air Quality Plan
� For PM10: exceedances should be due to one or more of : Site specific dispersion characteristics, Adverse climatic conditions, Transboundary air pollution
� “Safety Net”
� Limit value plus margin of tolerance not to be exceeded during the time extension period
Time extension notifications(Art.22 of Dir. 2008/50/EC)
� PM10 time extensions
� 31 Notifications from 20 Member States
� 22 decisions on daily and annual limit values covering 312 air quality zones� Time extension granted: 54 zones� Objections raised on one or more conditions: 218 zones� Objections raised due to reported compliance: 115 zones
� Re-notifications of 38 zones from six Member States
� Currently under assessment AT, DE (2), FR (2), MT, PL, SK, UK, RO
� NO2 time extensions
� 4 Notifications from 4 Member States (CZ, NL, PL, SK) covering 14 zones
� 3 decisions covering 11 air quality zones� Time extension granted for nine zones (NL)� Remaining 2 failed on at least one condition
� Re-Notification of 1 zone (PL)
� Decision on 4 zones (PL, SK) still under assessment
� Benzene time extensions
� One notifications from PL
� No decision adopted yet, assessment ongoing
Time extension notifications(Art.22 of Dir. 2008/50/EC)
� For up to date information on notifications and decis ions:
� http://ec.europa.eu/environment/air/quality/legislation/time_extensions.htm
� Remember
� Re-notifications for genuinely new information only
� Maximum time extension period 11 June 2011 (re: timing)
� During exemption period limit value plus margin of tolerance applies
� Exemption confined to territory of time extension (i.e. no adaptation to potential change in zoning)
� Effective compliance asap remains utmost objective
� Best-practice examples in the management database on Circa
Time extension notifications(Art.22 of Dir. 2008/50/EC)
State of play on the enforcement of limit values
� Failure to comply with PM 10 limit values
� 20 open cases
� 1 case closed due to compliance in 2009 and further 2 cases to be closed for reasons of compliance
� 2 Member States referred to the Court
� Failure to comply with SO 2 limit values
� 5 open cases
� 2 cases closed due to compliance
1st Court referral
(Art.258 TFUE)
2nd Court referral
(Art.260 TFUE, MS does not comply with the judgement of Court)
Pre-litigation phase:
� Pre-258 letter/EU pilot
� Letter of formal notice� Reasoned opinion
Litigation phase:
� Court referral
� Judgement (+ penalty payment/lump sum for cases of non-communication)
� Compliance and closure
Pre-litigation phase:
� Letter of formal notice
Litigation phase:
� Court referral
� Judgement
� Penalty payment and/or lump sum
http://ec.europa.eu/community_law/infringements/infringements_en.htm
State of play on the enforcement of limit values
Ongoing work of air quality team
� Assessment of time extension notifications
� PM10 notifications and re-notifications
� NO2 notifications
� Draft New implementing measures on reporting and exch ange of information
� Monitoring the implementation of the TSAP (integrati on)
� Etc.
Implementing Measures – Scope
� Replaces ALL reporting obligations under AQ directives
� Including supporting Decisions 2004/224/EC,2004/461/EC
� Determines ALL reporting obligations under 2008/50/EC and 2004/107/EC
� Replaces Exchange of Information Decision 97/101/EC and defines frame for voluntary exchange of air quality information at EU level
� Determines What, When, and partly How (controlled proc ess)
� Details on how will be further defined in guidance, schema
� New solutions to support effective implementation
� Access to Near-Real-Time data to facilitate EU services such as GMES-Atmosphere, as well the regional/local management, local modelling, natural contributions assessment etc.
� Extended platforms to exchange air quality information on assessment and management
http://ec.europa.eu/environment/air/index_en.htm
(Being Updated)
For further information…