Béatrice Zaremba - (Informació sobre la situació de la implementació de la nova directiva sobre la qualitat de l’aire)
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  • 1. Update on the state of play of the implementation of the new air quality directive 2008/50/EC Béatrice Zaremba Legal Adviser Industrial Emissions Unit DG Environment European Commission
  • 2. Outline of the presentation The new air quality team The air quality legislation Compliance with the pollutant standards Time extensions Enforcement of the limit values Upcoming work
  • 3. DG Environment, New Unit C3
  • 4. Air Quality Team Deputy Head of Unit Thomas Verheye Thematic Strategy on Air Pollution Duncan Johnstone (co-ordination) Hans Meijer (Sulphur Content of Fuels, Shipping) Ambient Air Quality Andrej Kobe (co-ordination) Andrea Weber (Art 22 TE, reporting, …) Emile de Saeger (Art 22 TE, research, …), seconded from JRC NEC-Directive Andre Zuber (incl. UNECE CLRTAP) Legal Advisor Beatrice Zaremba Office Support Paulina Baran and Blaga Taseva
  • 5. The air quality legislation Objectives and impacts Long term objective is to achieve levels of air pollution with no significant risk for health and the environment (6th Environmental Action Programme of 2002) Request from co-legislators to develop a Thematic Strategy to deliver this objective Impacts (mainly from studies underpinning the Thematic Strategy) 350 000 premature mortalities due to fine particles (PM2.5) 20,000 cases of premature death from ozone 22 Member States in non-compliance with AQ limits for PM10 in 2008 (similar position for nitrogen dioxide likely) 300,000 km2 of ecosystems at risk from acidification 700,000 km2 of ecosystem at risk from eutrophication (excess nutrient nitrogen - loss of biodiversity) 800,000 km2 of forest at risk from elevated ozone levels
  • 6. The air quality legislation The thematic strategy: COM(2005)446 6th EAP objective unachievable in the medium term but the Strategy on air Pollution proposed interim objectives for improvement of health and the environment for 2020. Ca. 50% improvement in life years lost from fine particles Ca. 10% improvement in acute mortality from ozone Other improvements in ecosystems exposed to acidification, eutrophication and ozone Measures to address emissions at source (vehicles, ships, petrol distribution, residential biomass combustion, industrial emissions) Complemented by new Air Quality Directive 2008/50/EC Responds to health concerns over PM2.5 with a new limit value and exposure reduction targets Responds to air quality compliance problems by allowing extra time for compliance with PM10 and NO2 and benzene AQ limit values
  • 7. The air quality legislation The new air quality directive 2008/50/EC Most existing AQ legislation simplified by merging into a single directive (except for the fourth daughter directive on metals & PAHs) New air quality objectives for PM2.5 (fine particles) A target value concentration of 25µg/m3 (annual): attained as far as possible by 1 January 2010; A limit value concentration of 25µg/m3 (annual) to be attained everywhere by 1 January 2015. A variable and non-binding national exposure reduction target to reduce the average of measurements in a given calendar year by between 0% and 20% according to the size of the AEI in 2010 and is to be achieved by 2020 The "exposure concentration" should not exceed 20µg/m3 by the end of 2015. This is calculated as the average concentration over a calendar year based upon measurements Possibility for time extensions for compliance (see later slide) PM10: from 1 January 2005 to 11 June 2011 NO2, benzene:1 January 2010 to 1 January 2015 Possibility to discount natural sources of pollution and resuspension attributable to winter sanding-salting of roads when assessing compliance against limit values Confirmation limit and target values apply throughout the territory Places where attainment is not to be assessed listed in Annex III (A.2)
  • 8. The air quality legislation The new air quality directive 2008/50/EC – How does it work? Assessment (measurement or modelling) throughout the territory relative to the air quality standards in the legislation Minimum requirements (N°of stations, siting of stat ions...) Inform public and Commission on Air Quality Develop air quality plan to meet the limit value before it enters into force or if deadline has passed asap afterwards good planning requires an understanding of exceedence situation, future evolution of air quality and a knowledge of the impact of abatement measures Timeliness is important: Measures may take years to have their full benefit Database of information from AQ plans submitted under time extension notifications available at http://circa.europa.eu/Members/irc/env/ambient/library?l=/management_database&v m=detailed&sb=Title Legal sanctions after limits enter into force
  • 9. Compliance with the pollutant standards air quality standards (limits and targets) Permitted exceedences Pollutant Concentration Averaging period Legal nature and deadline each year Fine particles (PM2.5) 25 µg/m3*** 1 year Target value by 01.01.2010 n/a Limit value by 01.01.2015 Sulphur dioxide 350 µg/m3 1 hour Limit value by 01.01.2005 24 125 µg/m3 24 hours Limit value by 01.01.2005 3 Nitrogen dioxide 200 µg/m3 1 hour Limit value by 01.01.2010 18 40 µg/m3 1 year Limit value by 01.01.2010 n/a PM10 50 µg/m3 24 hours Limit value by 01.01.2005 35 40 µg/m3 1 year Limit value by 01.01.2005 n/a Lead (Pb) 0.5 µg/m3 1 year Limit value by 01.01.2005 n/a Carbon monoxide 10 mg/m3 Max daily 8-hr mean Limit value by 01.01.2005 n/a Benzene 5 µg/m3 1 year Limit value by 01.01.2010 n/a Ozone 120 µg/m3 Max daily 8 hour Target value by 01.01.2010 25 days averaged over 3 mean years Arsenic (As) 6 ng/m³ 1 year Target value by 01.01.2012 n/a Cadmium (Cd) 5 ng/m³ 1 year Target value by 01.01.2012 n/a Nickel (Ni) 20 ng/m³ 1 year Target value by 01.01.2012 n/a Polycyclic Aromatic 1 ng/m³ 1 year Target value by 01.01.2012 n/a Hydrocarbons (expressed as concentration of Benzo(a)pyrene)
  • 10. Compliance with the pollutant standards Current challenges: exceedances for NO2 and PM10 in 2008 Nitrogen dioxide NO2* Particulate matter PM10 Annual limit Hourly limit Annual limit Daily Limit value of value of value of value 50µg/m3 40µg/m3 200µg/m3 40µg/m3 (35 permitted (18 permitted exceedences) exceedences) Zones in 179 18 96 288 exceedence Total N° 793 793 792 791 zones % 22.5% 2% 12% 36% exceedence * Limit values for NO2 only enter into force on 1 January 2010 and so the exceedence is of LV+10% Margin of Tolerance
  • 11. Time extension notifications (Art.22 of Dir. 2008/50/EC) Postponement of attainment deadline From 1.1.2005 to 11.6.2011: PM10 From 1.1.2010 to 1.1.2015 (latest) for NO2 and Benzene Conditions for postponement All appropriate measures have been taken to achieve compliance by the initial attainment date, i.e. 2005 or 2010 Compliance will be achieved with the limit values by the new deadline All notifications must be accompanied by an Air Quality Plan For PM10: exceedances should be due to one or more of : Site specific dispersion characteristics, Adverse climatic conditions, Transboundary air pollution “Safety Net” Limit value plus margin of tolerance not to be exceeded during the time extension period
  • 12. Time extension notifications (Art.22 of Dir. 2008/50/EC) PM10 time extensions 31 Notifications from 20 Member States 22 decisions on daily and annual limit values covering 312 air quality zones Time extension granted: 54 zones Objections raised on one or more conditions: 218 zones Objections raised due to reported compliance: 115 zones Re-notifications of 38 zones from six Member States Currently under assessment AT, DE (2), FR (2), MT, PL, SK, UK, RO
  • 13. Time extension notifications (Art.22 of Dir. 2008/50/EC) NO2 time extensions 4 Notifications from 4 Member States (CZ, NL, PL, SK) covering 14 zones 3 decisions covering 11 air quality zones Time extension granted for nine zones (NL) Remaining 2 failed on at least one condition Re-Notification of 1 zone (PL) Decision on 4 zones (PL, SK) still under assessment Benzene time extensions One notifications from PL No decision adopted yet, assessment ongoing
  • 14. Time extension notifications (Art.22 of Dir. 2008/50/EC) For up to date information on notifications and decisions: http://ec.europa.eu/environment/air/quality/legislation/time_extensions.htm Remember Re-notifications for genuinely new information only Maximum time extension period 11 June 2011 (re: timing) During exemption period limit value plus margin of tolerance applies Exemption confined to territory of time extension (i.e. no adaptation to potential change in zoning) Effective compliance asap remains utmost objective Best-practice examples in the management database on Circa
  • 15. State of play on the enforcement of limit values Failure to comply with PM10 limit values 20 open cases 1 case closed due to compliance in 2009 and further 2 cases to be closed for reasons of compliance 2 Member States referred to the Court Failure to comply with SO2 limit values 5 open cases 2 cases closed due to compliance
  • 16. State of play on the enforcement of limit values 1st Court referral 2nd Court referral (Art.258 TFUE) (Art.260 TFUE, MS does not comply with the judgement of Court) Pre-litigation phase: Pre-litigation phase: Pre-258 letter/EU pilot Letter of formal notice Letter of formal notice Litigation phase: Reasoned opinion Court referral Litigation phase: Judgement Court referral Penalty payment and/or lump Judgement (+ penalty sum payment/lump sum for cases of non-communication) Compliance and closure http://ec.europa.eu/community_law/infringements/infringements_en.htm
  • 17. Ongoing work of air quality team Assessment of time extension notifications PM10 notifications and re-notifications NO2 notifications Draft New implementing measures on reporting and exchange of information Monitoring the implementation of the TSAP (integration) Etc.
  • 18. Implementing Measures – Scope Replaces ALL reporting obligations under AQ directives Including supporting Decisions 2004/224/EC,2004/461/EC Determines ALL reporting obligations under 2008/50/EC and 2004/107/EC Replaces Exchange of Information Decision 97/101/EC and defines frame for voluntary exchange of air quality information at EU level Determines What, When, and partly How (controlled process) Details on how will be further defined in guidance, schema New solutions to support effective implementation Access to Near-Real-Time data to facilitate EU services such as GMES-Atmosphere, as well the regional/local management, local modelling, natural contributions assessment etc. Extended platforms to exchange air quality information on assessment and management
  • 19. For further information… http://ec.europa.eu/environment/air/index_en.htm (Being Updated)