“Clean air for all” is a priority, recalls Commission while referring Bulgaria and Spain to Court

The European Commission decided on Thursday 25 July to refer Bulgaria and Spain to the Court of Justice of the European Union for persistent breach of EU law concerning air pollution, specifically sulphur dioxide (SO₂) for Bulgaria and nitrogen dioxide (NO₂) for Spain.

These two referrals to the Court are part of the new approach adopted by the Commission in May 2018 to ensure, through a combination of coercive measures, collaboration and dialogue, that Member States guarantee clean air for all citizens (see EUROPE 12022/8, 12213/11).

Recalling that the Commission has spared no effort in its dialogue with the Member States, European Environment Commissioner Karmenu Vella told the press that there is “no excuse”. He stressed that “air pollution remains the leading environment-related health problem in the EU. It is responsible for some 400,000 premature deaths each year in the EU and causes serious diseases such as asthma, cardiovascular problems and lung cancer.”

In the case of Bulgaria, the most recent data provided by the country on SO₂ shows that the relevant hourly and/or daily limits continue to be exceeded in the southeastern area, where the country's four largest thermal power plants are located. Since 2005, EU rules have set limits for the concentration of SO₂ in ambient air. These provisions have been applicable to Bulgaria since 1 January 2007, the date of its accession to the EU.

For Spain, the most recent data confirms incessant overruns of the legal limits for NO₂ in three urban areas: Madrid, Barcelona and Vallès-Baix Llobregat. According to the European Environment Agency, Spain records nearly 9,000 premature deaths from NO₂ each year.  

However, Directive 2008/50/EC on ambient air quality provides that, in the event of an overrun, Member States are required to adopt air quality plans and to ensure that these plans include appropriate measures so that the duration of the overrun period is as short as possible.

The new European Parliament just held a debate on improving urban air quality and is expected to adopt a resolution in the autumn (see EUROPE 12299/24). (Original version in French by Aminata Niang)