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Ilona Jancarova
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A/ Regulation of sources of pollution ELV
B/ Regulation of air quality AQLV
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Air quality plans
*Directive 2001/81/EC on national emission ceilings
for certain atmospheric pollutants
repealed by
Directive 2016/2284/EU on the reduction of
national emissions of certain atmospheric pollutants
*Directive 2008/50/EC on ambient air quality and
cleaner air for Europe
*Directive 2004/107/EC relating to arsenic,
cadmium, mercury, nickel and polycyclic aromatic
hydrocarbons in ambient air
*
Member States are obligated:
*to establish zones and agglomerations in their territory
*to ensure a good quality of the ambient air (e.g. not to
exceed limit values) throughout all zones and
agglomerations
*to establish air quality plans for zones and
agglomerations where the levels of pollutants in ambient
air exceed the limit value plus relevant margin of
tolerance (AQPs)
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*Air quality plans are regarded to SO2, NO2, benzene,
carbon monoxide, lead, PM10,(limit values) and PM2,5
(target value).
*Consistency with other plans must be ensured.
*Information to be included in AQPs are delimited in
section A of the Annex XV of the Directive.
*Air quality plans must set out appropriate measures,
so that the exceedance period can be kept as short
as possible.
*How to implement the Art. 23.1?
*What measures are „appropriate“ ?
*What time period is “as short as possible”?
*What are the criteria to assess planned measures?
*What is the relation of AQPs to other regulatory
instruments?
*What is the relation of Art. 23.1 to Art. 13.1?
*C- 28/09 Commission v. Austria
*C- 488/15 Commission v. Bulgaria
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*AIR QUALITY PLAN (Prague Agglomeration)
*Measures to reduce the impact of the traffic on the
air quality discrepancy with projected activity
*
*Air Protection Authorities(APAs) are bound by the limit
values for the concentration of main pollutants (SO2,
NOx, CO, benzene, PM10, PM2,5 and lead) in the
ambient air in their decision-making.
*APAs are entitled to depart from this rule only if
adequate compensatory measures are proposed in the
project.
*APAs must not permit the operation of the source of
pollution prior to realization of projected compensatory
measures.
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*Regional emission ceilings must be incorporated into
the AQPs; APAs have to respect emission ceilings set
for the given region/agglomeration in their decision-
making.
*APAs are entitled to set conditions in the permit to
carry out the activity.
*Air Protection Authorities (APAs) are obligated to
come out of Air Quality Plans (AQPs) and of
concentrations of polluting substances in ambient
air
*
*APAs are bound by the AQ limit values
*To „come out of AQP“ AQP measures are
binding
*The building with the parking lot may be permitted
on condition that compensatory measures will be
carried out to minimize the pollution.
*no increments to existing pollution,
*reduction of pollution - gradual (AQP are taken
into account) - consideration of other interests.
*
*In exercising discretion the Member States should, in
addition to the aim of minimizing the exceedance, also
take into account the balance which must be
maintained between that objective and the various
opposing public and private interests (C-237/07 (46))
*The air quality plans under Article 23(1) of Directive
2008/50 can also be adopted only on the basis of a
balance of interests. (Commission v. Bulgaria, Juliane
Kokott, 2016)
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The Municipal Court in Prague, Case 11A 84/2016:
*2 NGOs and Mr. B. took the MOE of the CR to the Court
*AQP for Ostrava-Karviná agglomeration does not include
air pollution reduction measures capable to achieve EU
AQLV so that the exceedance period can be kept as short
as possible.
*declared that AQP is a conception document which was
subject to SEA,
*denied to review expert findings,
*dismissed the case.
COURT
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*The AQP must demonstrate how conformity with
the limit values will be achieved.
*The duty not to exceed limit values is based on
Art. 13.1.
*To verify the effectiveness of AQPs, Commission
relies on air monitoring data
*AQPs are part of the whole system of legal tools;
their significance should not be exaggerated!
*The interpretation of Art. 23.1 is difficult.
*
*The latest Amendment to the Air Protection Act
granted APAs the right to enter private homes to
check small stationary sources of pollution.
*This was considered as the breach of constitutional
right ensuring „untouchable inhabitation“ by many.
*Constitutional Court denied the proposal for
derogation of that part of the Air Protection Act in
July 2017
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Ilona.Jancarova@law.muni.cz
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