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…