Adobe Systems
EU Air Protection
Jiri Vodicka, Ph.D. 15. 11. 2023

Adobe Systems
Structure
̶Introduction
̶Pillars of EU Air Protection
̶National emissions
̶Sources of pollution
̶Air quality
̶
̶CJEU Case Law
̶
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Introduction
̶The EU's general objective is to achieve pollution levels that do not have a significant impact on
human health and the environment
̶
̶Air quality declines or stagnates (still outside WHO limits)
̶
̶Direct and indirect effects on human health
̶
300 000 x 23 394

https://www.who.int/news-room/fact-sheets/detail/ambient-(outdoor)-air-quality-and-health

Introduction
̶Economic aspects of air pollution?
̶Health Care
̶Agriculture
̶Forestry and ecosystem functions
̶
̶
̶Which substances/activities to regulate and how?
̶
̶
̶Are you satisfied with air quality in your city?
̶https://aqicn.org/map/world/
̶https://airindex.eea.europa.eu/Map/AQI/Viewer/
̶
̶
Main air pollutants

https://www.statista.com/chart/20804/costs-of-air-pollution-from-fossil-fuels/
https://www.eea.europa.eu/highlights/industrial-air-pollution-in-europe




https://www.youtube.com/watch?v=FkjtCKZx06E



Pillars of EU Air Protection



EU Air protection
International cooperation on ambient air quality

https://www.consilium.europa.eu/en/policies/air-quality/




Ambient air quality standards
Historical overview:
̶1980 Directive on air quality limit values and guide values for sulphur dioxide and suspended
particulates (80/779/EEC)
̶
̶1982 Directive on a limit value for lead in the air (82/884/EEC)
̶
̶1985 Directive on air quality standards for nitrogen dioxide (85/203/EEC)
̶
̶1992 Directive on air pollution by ozone (92/72/EEC)

Ambient air quality standards
Directive on ambient air quality assessment and management (96/62/EC):
̶Unified measurement system (technology and location)
̶
̶Results regularly transmitted to the Commission
̶
̶Air quality information made available to the public
̶
̶Plans and programmes for zones or agglomerations with exceedances
The first framework
directive

Ambient air quality standards
̶The First Framework Directive does not contain limit values!
̶
̶Directive relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen,
particulate matter and lead in ambient air (1999/30/EC)
̶Directive relating to limit values for benzene and carbon monoxide in ambient air (2000/69/EC)
̶Directive relating to ozone in ambient air (2002/3/EC)
̶Directive relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in
ambient air (2004/107/EC)
̶

Ambient air quality standards
(Second) Framework Directive on ambient air quality and cleaner air for Europe (2008/50/ES)
̶Existing objectives remain the same
̶New target for PM2.5
̶Merges previous directives (except one)
̶Possibility to deduct natural sources
̶Introduced threshold and limit values for individual substances + possible extension of exemptions
x anthropogenic
sources

Air Quality Directive (2008/50)
̶Types of air quality standards:
̶Limit values: to be attained within a given period and not to be exceeded once attained
̶
̶Target values: to be attained where possible over a given period
̶
̶Critical levels: direct adverse effects may occur on ecosystems
̶
̶Alert thresholds: risk to human health from brief exposure for the population as a whole +
immediate steps are to be taken
̶
̶Information thresholds: risk to human health from brief exposure for particularly sensitive
sections of the population + immediate and appropriate information necessary
̶
̶Long-term objectives (LTO), National Exposure Reduction Target (NERT), Exposure Concentration
Obligation (ECO)
̶
Muž se souvislou výplní Muž se souvislou výplní Žába se souvislou výplní




Air Quality Directive (2008/50)
̶MS are to:
̶establish zones and agglomerations in their territory
̶
̶ensure a good quality of the ambient air (e.g. not to exceed limit values) throughout all zones
and agglomerations
̶
̶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)

Art. 13 and 23

Air Quality Directive (2008/50)
̶Air quality plans
̶SO2, NO2, benzene, carbon monoxide, lead, PM10,(limit values) and PM2,5 (target value)
̶Air quality plans must set out appropriate measures, so that the exceedance period can be kept as
short as possible
̶
̶Requirements for AQP
̶Identification of possible measures to improve air quality
̶Detailed description of measures adopted in the plan
̶Timetable for implementation of each measure
̶Assessment of the estimated impact of each measure and of the whole plan including the
identification of the expected compliance date
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)

National Emission Ceilings
̶Transposition of international commitments
̶Convention on Long-Range Transboundary Air Pollution (1979)
̶Götenburg Protocol (1999, amended 2012)
̶
̶Reducing national emissions of atmospheric pollutants (2030 target)
̶5 pollutants (SO2, NOx, NMVOC, NH3, PM2,5)
̶
̶Directive on the reduction of national emissions of certain atmospheric pollutants (2016/2284/EU)

National Emission Ceilings
Directive 2016/2284
̶Art. 2(1):
̶This Directive shall apply to emissions of the pollutants referred to in Annex I from all sources
occurring in the territory of the Member States, their exclusive economic zones and pollution
control zones
̶National air pollution control programmes – art. 6
̶
̶Reduction targets in Annex II

Emission standards for other sources
̶Transport
̶
̶Agriculture
̶
̶Electricity production and industry
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Directive 2015/2193
medium sized
Directive 2010/75
on industrial emissions (IED)
e.g. Regulation 2018/858 +
Regulation No. 715/2007
Directive 2010/75
on industrial emissions (IED)

Enforcement of Air quality



Infringement procedure
Art. 258 TFEU
̶118 cases on air quality (24 active)
̶
̶The most recent and frequent ambient air quality cases at the Commission:
̶
̶Exceeding limits for specific substances:
NO2
SO2
PM10
̶
̶Missing transposition
Noise (directive 2021/1226)
Noise (directive 2020/367)
̶

CJEU Case law
̶Huge number of Court cases
̶Directly concerned: 1. framework directive (16) + 2. framework directive (25)
̶
Two types
̶Air quality legislation
̶Interpretation of various provisions in AQD
̶
̶Access to justice
̶Legal standing
̶Access to courts
̶

CJEU Case law
̶C-237/07 – Janecek
̶Legal standing + Action plans requirements
„Thus, the Court has held that, whenever the failure to observe the measures required by the
directives which relate to air quality and drinking water, and which are designed to protect public
health, could endanger human health, the persons concerned must be in a position to rely on the
mandatory rules included in those directives (see Case C‑361/88 Commission v Germany; Case C‑59/89
Commission v Germany; and Case C‑58/89 Commission v Germany) “
„It follows from the foregoing that the natural or legal persons directly concerned by a risk that
the limit values or alert thresholds may be exceeded must be in a position to require the competent
authorities to draw up an action plan where such a risk exists, if necessary by bringing an action
before the competent courts.“

CJEU Case law
̶C-404/13 – ClientEarth
̶Legal standing + AQP requirements + role of national courts
̶
„the natural or legal persons directly concerned by the limit values being exceeded ... must be in
a position to require the competent authorities, if necessary by bringing an action before the
courts having jurisdiction, to establish an air quality plan which complies with the second
subparagraph of Art. 23(1) of Directive 2008/50“
„As regards the content of the plan, it follows from the second subparagraph of Article 23(1) of
Directive 2008/50 that, while Member States have a degree of discretion in deciding which measures
to adopt, those measures must, in any event, ensure that the period during which the limit values
are exceeded is as short as possible.“

CJEU Case law
̶C-404/13 – ClientEarth
„where a Member State has failed to comply with the requirements of the second subparagraph of
Article 13(1) of Directive 2008/50 […], it is for the national court having jurisdiction, should a
case be brought before it, to take, with regard to the national authority, any necessary measure,
such as an order in the appropriate terms, so that the authority establishes the plan required by
the directive in accordance with the conditions laid down by the latter“

CJEU Case law
̶C-723/17 – Craeynest
̶Location of sampling points & compliance with limit values
̶
„…put into concrete terms the EU’s obligations concerning environmental protection and the
protection of public health, which stem, inter alia, from Article 3(3) TEU and Article 191(1) and
(2) TFEU, according to which Union policy on the environment is to aim at a high level of
protection […] and is to be based, inter alia, on the precautionary principle and on the principle
that preventive action should be taken“

CJEU Case law
̶C-723/17 – Craeynest
̶
(rules on on the use and location of sampling points) „contain clear, precise and unconditional
obligations, which means that they can be invoked by individuals against the State“
̶
„it is for a national court, hearing an application submitted for that purpose by individuals
directly affected by the exceedance of the limit values referred to in Article 13(1) of that
directive, to verify whether the sampling points located in a particular zone have been established
in accordance with the criteria laid down in paragraph 1(a) of Section B of Annex III to the
directive and, if they were not, to take all necessary measures in respect of the competent
national authority, such as, if provided for by national law, an order, with a view to ensuring
that those sampling points are sited in accordance with those criteria“

CJEU Case law
̶C-723/17 – Craeynest
̶
That interpretation of Article 13(1) and Article 23(1) of Directive 2008/50 is confirmed by the
purpose of the directive. As is apparent from recital 2 and Article 1 thereof, that directive aims
to protect human health and, to this end, provides for measures to combat emissions of pollutants
at source. In accordance with that objective, it is necessary to determine the actual air pollution
to which the population or part of it is exposed and to ensure that appropriate measures are taken
to combat the sources of such pollution. Consequently, the fact that a limit value has been
exceeded at a single sampling point is sufficient to trigger the obligation to draw up an air
quality plan, in accordance with Article 23(1) of Directive 2008/50.

CJEU Case law
̶C-177/19 P – Ville de Paris and Others
̶Legal standing of municipalities and:
„legalisation“ of illegal vehicles (= non-complying)

CJEU Case law
̶C-61/21 – Ministre de la Transition écologique and Premier ministre
̶State‘s liability
̶
It is true that it follows that Article 13(1) and Article 23(1) of Directive 2008/50 […] lay down
fairly clear and precise obligations as to the result to be achieved by Member States.
However, those obligations pursue, as is apparent from Article 1 of the directives mentioned in the
previous paragraph, as well as, in particular, recital 2 of Directive 2008/50, a general objective
of protecting human health and the environment as a whole.

CJEU Case law
C-61/21
Thus, besides the fact that the provisions concerned of Directive 2008/50 and the directives which
preceded it do not contain any express conferral of rights on individuals in that respect, it
cannot be inferred from the obligations laid down in those provisions, with the general objective
referred to above, that individuals or categories of individuals are, in the present case,
implicitly granted, by reason of those obligations, rights the breach of which would be capable of
giving rise to a Member State’s liability for loss and damage caused to individuals.
It should be added that the conclusion set out in paragraph 57 above does not mean that a Member
State cannot incur liability under less strict conditions on the basis of national law […] nor does
it prevent, where appropriate, a failure to fulfil the obligations resulting from Article 13(1) and
Article 23(1) of Directive 2008/50 or the other provisions of EU law referred to in paragraph 42
above from being taken into account in that regard as a factor which may be relevant for the
purposes of establishing the liability of public authorities on a basis other than EU law.
Failed Frankovich
Liability test

Air Quality and Green Deal



Green Deal and Air Quality
Zero pollution action plan: Towards zero pollution for air, water and soil (2050).
The zero pollution vision for 2050 is for air, water and soil pollution to
be reduced to levels no longer considered harmful to health and natural
ecosystems, that respect the boundaries with which our planet can
cope, thereby creating a toxic-free environment.

Green Deal and Air Quality
Zero pollution action plan: Towards zero pollution for air, water and soil.
̶2030 targets:
̶Improving air quality to reduce the number of premature deaths caused by air pollution by 55%
̶
̶Improving water quality by reducing waste, plastic litter at sea (by 50%) and microplastics
released into the environment (by 30%)
̶
̶Improving soil quality by reducing nutrient losses and chemical pesticides’ use by 50%
̶
̶Reducing by 25% the EU ecosystems where air pollution threatens biodiversity;
̶
̶Reducing the share of people chronically disturbed by transport noise by 30%,
̶
̶Significantly reducing waste generation and by 50% residual municipal waste
̶

Final remarks
̶We need to use all available instruments to protect air quality
̶Emission standards, AQPs, low-emission zones etc.
̶
̶MS should make bigger and better effort
̶
̶Proposal for a new AQD „in pipelines“

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2022:542:FIN

Adobe Systems
Questions?


Adobe Systems
Thank you for your attention!
Jiri.Vodicka@law.muni.cz

Adobe Systems
Sources
̶Jakir, V. Introduction to EU Clean Air Policy, ERA, 2022
̶Jakir, V. Limit and Target Values, ERA, 2022
̶Jancarova, I. EU Air protection effort: Significance of air quality plans in EU MS, MU, 2022.
̶
̶European Commission (https://ec.europa.eu/environment/air/index_en.htm)
̶
̶ERA: EU Air Quality Law and the Right to Clean Air – Focus on Access to Justice