Outdoor air quality: Commission asks nine Member States to reduce pollution

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1 IP/04/872 Brussels, 8 July 2004 Outdoor air quality: Commission asks nine Member States to reduce pollution The European Commission has sent first written warnings to Austria, France, Germany, Ireland, Italy, Luxembourg, Portugal, Spain and the United Kingdom, urging them to do more to tackle air pollution in many of their urban areas. The air pollutants considered in this case - nitrogen dioxide and particulate matter are harmful to human health, in particular to sensitive groups of the population such as children. Especially particulate matter aggravates respiratory diseases, and may even lead to premature death. Under EU environmental legislation, the nine Member States should have drawn up pollution-reduction plans for areas with high concentrations of nitrogen dioxide and particulate matter by the end of December These plans have to outline the measures that the Member States intend to take to reduce the pollution. The choice of measures is up to the Member States, but they could, for example, include traffic restrictions and the relocation of polluting installations. The Commission s action will help achieve cleaner air in European cities to the benefit of citizens. Commenting on the Commission s action, Environment Commissioner Margot Wallström said: The air in many of our cities and towns is still polluted, which has negative effects on the health of city-dwellers. Particularly children are at risk because they are highly vulnerable to air pollution. It is the duty of authorities to make sure that the air in cities is as clean as possible. Implementation of EU air quality laws will certainly help them reach this goal." Plans for reducing concentrations of air pollutants In 1996, the EU adopted a framework Directive for assessing and managing ambient air quality 1, which was followed in 1999 by a "daughter Directive" 2 setting limit values for the pollutants nitrogen dioxide, nitrogen oxides, particulate matter (PM10) as well as sulphur dioxide and lead. The limit values are to be met by certain dates and not to be exceeded thereafter. For example, the deadline for PM10 is 2005, whereas the limit value for nitrogen dioxide (NO 2 ) must be complied with from 2010 on. Until these dates, Member States must make efforts to meet the targets at the set dates. Each year, Member States must send to the Commission a list of "zones and agglomerations" where the limit values for NO 2 and PM10 have been exceeded. They must also send pollution-reduction plans or programmes to reduce the pollution in these areas and achieve the limit values at the set dates. For the first time, these plans were due by 31 December Directive 96/62 of 27 September 1996 on ambient air quality and management Directive 1999/30 of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air

2 The nine Member States that have failed to send these plans have received first warnings from the Commission. See annex for details by Member State. Nitrogen dioxide and PM10 Nitrogen dioxide (NO 2 ) develops in the atmosphere from nitrogen oxide (NO), which is primarily produced by the combustion of fossil fuels, for example by motor traffic. NO and NO 2 typically increase in cities and towns during rush hours. According to the World Health Organisation (WHO), NO 2 has adverse health effects: long-term exposure may decrease lung function and increase risks of respiratory symptoms. PM10 are small airborne particles (with a diameter of 10 micrometer and less). In urban environments, particles are mainly generated by the combustion of petrol and diesel in motor vehicles (diesel soot). Additional sources include other combustion installations, for example fossil-fuel based power plants but also small boilers, industrial processes generating various forms of "dust" and agriculture. According to the WHO, long-term exposure to current PM concentrations in outdoor air may lead to a marked reduction of life expectancy. This is primarily due to increased cardio-pulmonary and lung cancer mortality. A recent WHO study on environmental diseases in children has found that up to 13,000 deaths per year among children aged 0-4 in the 52 WHO European countries 3 are attributable to PM outdoor pollution. It states that if PM pollution levels in these countries could be decreased to the EU limit value for PM that needs to be reached by 2005, more than 5,000 of these lives could be saved. High PM concentrations in the air also lead to decreased visibility and dirt on buildings and monuments. Legal Process Article 226 of the Treaty gives the Commission powers to take legal action against a Member State that is not respecting its obligations. If the Commission considers that there may be an infringement of EU law that warrants the opening of an infringement procedure, it addresses a "Letter of Formal Notice" (first written warning) to the Member State concerned, requesting it to submit its observations by a specified date, usually two months. In the light of the reply or absence of a reply from the Member State concerned, the Commission may decide to address a "Reasoned Opinion" (final written warning) to the Member State. This clearly and definitively sets out the reasons why it considers there to have been an infringement of EU law and calls upon the Member State to comply within a specified period, normally two months. If the Member State fails to comply with the Reasoned Opinion, the Commission may decide to bring the case before the European Court of Justice. Where the Court of Justice finds that the Treaty has been infringed, the offending Member State is required to take the measures necessary to conform. 3 For WHO European members see link: The WHO report can be found at : 2

3 Article 228 of the Treaty gives the Commission power to act against a Member State that does not comply with a previous judgement of the European Court of Justice. The article also allows the Commission to ask the Court to impose a financial penalty on the Member State concerned. For current statistics on infringements in general, please visit the following web-site: 3

4 Annex Situation in the Individual Member States 4 Austria: Its annual report for 2001 identified concentrations of PM10 exceeding the limit value plus the agreed margin of tolerance in Graz. No pollution-reduction plan or programme has been notified to the Commission so far. France: Its annual report for 2001 pointed out concentrations of nitrogen dioxide higher than the limit value plus the margin of tolerance in Agglomération de Marseille, Agglomération de Paris, Grenoble, Lyon, Haute-Normandie, Honfleur et Trouville. No pollution-reduction plan or programme has been notified to the Commission. Germany: Its annual report for 2001 identified concentrations of nitrogen dioxide higher than the limit value plus the margin of tolerance in the agglomerations Berlin, Stuttgart, Karlsruhe, Mannheim/Heidelberg, Freiburg, München and remaining area Bavaria 1, Bremen-Oldenburg and Rhein/Main, as well as in Göppingen, Heilbronn, Pforzheim, Enzkreis, Reutlingen, Tübingen and Bremerhaven. Concentrations of PM10 exceeded the limit value plus the margin of tolerance in Brandenburg, agglomeration Augsburg, remaining area Bavaria 1, Harz and the area Thüringen 1. No pollution-reduction plan or programme has been notified to the Commission. Ireland: Its annual report for 2001 identified concentrations of nitrogen dioxide higher than the limit value plus the margin of tolerance in Dublin. No pollution-reduction plan or programme has been notified to the Commission. Italy: Its annual report for 2001 identified concentrations of nitrogen dioxide higher than the limit value plus the margin of tolerance in 26 zones (Torino 01, Torino agglomeration, Vercelli 01, Novara 01, Cuneo 01, Alessandria, Aosta urban area, Milano, Como, Brescia, Veneto all urban areas, Comune di Genova, Sanremo, Marche zone 2, Perugia, Firenze, Empoli, Roma, Frosinone, Lazio Zone 2, Pescara 4, Chieti, Napoli, Taranto, Campidano, Sarroch). Concentrations of PM10 exceeded the limit value plus the margin of tolerance in 37 zones (Piacenza, Parma, Modena, Fiorano Modenese, Bologna, Imola, Ravenna, Faenza, Forlì/Cesena, Reggio Emilia, Ferrara, Rimini, Milano, Sempione, Como, Lombardia Zone A, Veneto all urban areas, Roma, Frosinone, Marche zone 4, Prato, Poggibonsi, Genova, Torino 01, Torino agglomeration, Vercelli 01, Novara 01, Cuneo 01, Asti 01, Alessandria, Verbania, Aosta urban area, Pescara 2 e 5, Napoli, Bari, Taranto). No pollutionreduction plan or programme has been notified to the Commission. Luxembourg: Its annual report for 2001 identified concentrations of PM10 exceeding the limit value plus the margin of tolerance in City of Luxembourg, its periurban area (canton Luxembourg) and the basin of Luxembourg (canton Esch/Alzette). No pollution-reduction plan or programme has been notified to the Commission. 4 The following list is only indicative. Please note that not all Member States have provided complete and detailed reports. If only a few areas are mentioned for a country, this does not necessarily mean that there are no air pollution problems in its other cities and regions. 4

5 Portugal: Its annual report for 2001 identified concentrations of PM10 exceeding the limit value plus the margin of tolerance in Porto Litoral, Área Metropolitana de Lisboa Norte, and Área Metropolitana de Lisboa Sul. No pollution-reduction plan or programme has been notified to the Commission. Spain: Its annual report for 2001 pointed out concentrations of nitrogen dioxide higher than the limit value plus the margin of tolerance in Zaragoza, Área de Barcelonaand Madrid. Concentrations of PM10 exceeded the limit value plus the margin of tolerance in a number of areas including Barcelona. No pollution-reduction plan or programme has been notified to the Commission. United Kingdom: Its annual report for 2001 identified concentrations of nitrogen dioxide higher than the limit value plus the margin of tolerance in 21 zones. Pollutionreduction plans or programmes have been established for most of them, including for instance the Greater London Urban Area (the only zone in which also concentrations of PM10 exceeding the limit value plus the margin of tolerance were identified) and Manchester. However, the plans or programmes are still missing for the following seven zones: Tyneside, Liverpool Urban Area, Nottingham Urban Area, Kingston Upon Hull, Southampton Urban Area and Glasgow Urban Area. 5