On the evening of Tuesday 20 February, negotiators from the Council of the European Union and the European Parliament reached a provisional political agreement on the revision of directives on ambient air quality, with the aim of moving closer to the limit values per atmospheric pollutant defined by WHO recommendations (see EUROPE 13335/15, 13051/1) and overcoming the scourge of air pollution, which causes 300,000 premature deaths a year in the EU.
Specifically, the interinstitutional agreement provides for a reduction in the limit values for a number of pollutants by 2030, including fine particles and particulate matter (PM2.5 and PM10), nitrogen dioxide (NO2), sulphur dioxide (SO2), benzo(a)pyrene, arsenic, lead and nickel. For example, by 2030, the limit values for PM2.5 will have to be reduced from 25 to 10 micrograms/m³ (µg/m³), and those for NO2 will have to be no more than 20 µg/m³, compared with 40 µg/m³ at present.
On the other hand, the text, which is supposed to put the EU27 on the road to eliminating air pollution by 2050, does give Member States some flexibility, since they will have an arsenal of exemptions at their disposal and will be able to request, before 31 January 2029, a postponement of the deadline for reaching these thresholds.
This postponement could be for 10 years - pushing back the deadline to 2040 - for areas where such targets could not be achieved in time due to particular climatic or orographic conditions, or if the reductions in pollutant values can only be achieved by replacing a considerable proportion of existing domestic heating systems.
In addition, Member States could request a five-year postponement - until 2035 - if the projections simply show that the limit values cannot be reached in time.
On the other hand, Member States will be required, at Parliament’s request, to include air quality projections proving that instances of exceeded target values will be as brief as possible in air quality roadmaps. These will have to be drawn up by December 2028 at the latest and updated year by year during the deferral period, in order to take stock of the implementation of the revised directives.
Where there is an established risk of overruns, the roadmaps should be drawn up as quickly as possible. In addition to air quality plans for areas where pollutants exceed limits, short-term action plans providing for emergency measures, such as restrictions on vehicle traffic or the suspension of construction work, should be proposed.
Re-examination of values at least every 5 years
Limit values should be reviewed by 31 December 2030, and every 5 years thereafter. This review could be more frequent, depending on the revision of WHO guidelines or scientific discoveries in this area. The Commission should also take this opportunity to reassess other aspects of the directive, in particular the deadlines for completion and cross-border pollution. It would then be up to the Commission to present proposals including other pollutants or to propose new measures at EU level.
To achieve the targets set for 2030, Parliament and Council negotiators also agreed to increase the number of air quality sampling points in towns and cities.
“We have focused on improving air quality monitoring near the main sources of pollution, strengthening safeguards for sensitive and vulnerable populations, and ensuring that local authorities receive the support they need to effectively enforce these crucial standards”, said Javi López (S&D, Spanish), Parliament’s rapporteur on the dossier.
“The effects of air pollution are most severe among working-class Europeans, who cannot easily move to the suburbs or afford air filters. It is our shared responsibility to make our air safe for everyone, from our children to our elderly”, added S&D MEP Tiemo Wölken (German).
Possible compensation for citizens in the event of damage to their health
The agreement reached by Parliament and the Council of the EU also includes provisions to ensure that citizens have the right to seek and obtain compensation where damage to their health has occurred as a result of a breach - “intentional or negligent” - of national rules transposing certain provisions of the directive.
“This agreement is a step towards reducing air pollution in Europe by 2030. Thanks to our efforts, the directive will introduce the right for cancer sufferers to claim compensation if their authorities fail to comply with the new pollution limits”, commented the shadow rapporteur for the Greens/EFA, Nicolae Ștefănuță (Romanian).
NGOs active in the field of public health or the environment could also challenge the implementation of the text through legal action that is “fair”, “rapid” and “not prohibitively expensive”. Practical information on this procedure should also be made available to the public.
Member States could issue penalties for breaches of the measures adopted to implement the directive. Several criteria would then be taken into account, such as the seriousness and duration of the offence, and whether it is repeated.
Not enough for the Greens/EFA
While the agreement was generally well received, the Greens/EFA group regretted that the text, as amended by the European co-legislators, “does not reach the limits recommended by the World Health Organization”.
“It is a disgrace that every year hundreds of thousands of people die prematurely because of air pollution in Europe. [...] The current reactionary attack on the Green Deal and environmental protection measures is undermining efforts to combat pollution. People’s health and the environment cannot continue to be stifled by lax laws and poor enforcement of the rules”, said Mr Ștefănuță.
However, the Belgian Presidency of the Council of the EU has sought to mitigate these comments, saying through Alain Maron, the Brussels-Capital Region’s Minister for the Environment, that this “crucial agreement” demonstrates that “the health of its citizens is a priority” for the EU.
The text will now have to be voted on by MEPs in Parliament’s Environment Committee, and then in plenary session. It will also have to be approved by the permanent representatives of the Member States (Coreper), before being ratified by the EU27. (Original version in French by Thomas Mangin)