The legal case for low emission zones
An introduction to ClientEarth
“The United Kingdom is in breach of its obligations to comply with the nitrogen dioxide limits provided for in Article 13 of Directive 2008/50/EC”
“... the way is open to immediate enforcement at national or European level.”
16 zones and agglomerations
London
Manchester
Liverpool
Teeside
Hull
Southampton
Glasgow
Belfast
Eastern England
South East England
East Midlands
The Potteries
Yorkshire & Humberside
West Midlands
North East England
West Midlands
The Dirty Dozen
Tyneside
Liverpool
Sheffield
Bristol
Brighton
Birkenhead*
Preston*
Swansea*
Belfast
South West England
North East Scotland
South Wales
4 Questions referred to the ECJ
1. Are member states obliged to apply for a time extension?
2. If so, when are they excused?
3. What does “as short as possible mean?”
4. What remedies must national courts provide?
The Commission’s case
• UK first to face NO2 infringement
• Press release
Janez Potocnik
An introduction to ClientEarthECJ Hearing Autumn 2014?
2nd UKSChearing
2015
Court of Justice of the European Union, Luxembourg
“...the air quality plans shall set out appropriate measures, so that the exceedance period can be kept as short as possible.”
Directive 2008/50/EC, Article 23
Defra’s case
• Could not apply for a time extension
• 2025 = “shortest time possible”
• Failure of Euro standards
• Breaches in other Member States
“Investigate the feasibility of a national framework for low emission zones”
“Use the European Commission review of air quality legislation, expected in 2013, to seek amendments to the Air Quality Directive which reduce the infraction risk faced by most Member States, especially in relation to nitrogen dioxide provisions.”
ClientEarth’s case
• As short as possible = as short as physically possible
• Limit values v target values
• Mandatory order
Case C-56/90 Commission v UK (1993)
•Legal duty to achieve limit values by deadlines is absolute•UK failed to demonstrate impossibility•More than just “best efforts”
“It is irrelevant whether the failure to fulfil obligations is the result of intention or negligence by the member state…or of technical difficulties encountered by it”
Case C-68/11 Commission v Italy (2012)
Irrelevant factors:
•Financial•Political•Legal•Technical
• Weather• Crime• RiotsCrimeSocial unrest
C-237/07 JanecekThe right to clean air
An introduction to ClientEarthFederal administrative Court, Leipzig Hess and Bavaria
ordered to improve NO2 plans
Crystall ball gazing
Early 2015: Supreme Court order for new plan to tackle
NO2 ASAP
A National Network of
S
The Berlin LEZ
19% reductions in NOx emissions
40% reductions in black carbonemissions
70 +LEZs
The need for a national framework
• Ensure effectiveness• Uniform standards • Create a level playing field • Avoids pollution displacement• Economies of scale
LEZs and localism
• Compliance impossible before 2025
• Failure of Euro standards
• Other Member States are in breach
National framework Local authority
Set standard (Euro VI+) Opt out
Certification scheme for retrofit equipment
Designate boundaries of LEZ
Vehicle registration/stickers Which vehicles it applies to*
Test cycle Hours of operation*
Inspection regime and fines Complementary local measures
Enforcement
Publicity and consultation
• Legal necessity
• Moral imperative
• Economic opportunity
Thank you
Alan Andrews+ 32 2808 3467aandrews@clientearth.orgwww.clientearth.orgwww.facebook.co.uk/ClientEarth@ClientEarth
Top Related