EC Sends Final Warnings Over Fine Particulate Air Pollution
October 30, 2009 // Published as a news service by IHS
On Oct. 29, the European Commission (EC) sent a final written warning to Estonia, Slovenia and Sweden over breaches of European Union (EU) air quality standards for a dangerous airborne pollutant, fine particulate matter PM10.
The applicable EU standards entered into force in 2005, and none of these three EU member states requested a time extension to meet them.
"Airborne particles are dangerous to human health and it is essential that member states comply with the EU standards as quickly as possible," said EC Environment Commissioner Stavros Dimas.
"Where a Member State is in breach of the standards and has not requested a time extension, the Commission has no choice but to take Court action unless they remedy the situation quickly."
Health Impacts
Airborne particles are emitted mainly in pollutant emissions from industry, traffic and domestic heating. They can cause asthma, cardiovascular problems, lung cancer and even premature death.
Air Quality Legislation
The two binding air quality limit values for PM10 particulate matter, based on daily and annual average concentrations, entered into force on Jan. 1, 2005.
Directive 2008/50/EC, the 2008 directive on ambient air quality and cleaner air for Europe, allows member states, under strict conditions, to notify a time extension enabling them to extend the deadline for compliance with the PM10 standards until June 10, 2011.
Infringement Action
In January 2009, the EC launched infringement proceedings against 10 EU member states that had not submitted notifications or notified all air quality zones exceeding the limit values for PM10 (see IP/09/174).
Since then, all the member states concerned have submitted a time extension notification except for Estonia, Slovenia and Sweden. At the same time, these three member states recently submitted their air quality data for 2008, showing that the limit values for PM10 continue to be exceeded in certain air quality zones.
The EC therefore sent all three member states a final written warning indicating that they risk being taken to the European Court of Justice unless they comply with the requirements of the legislation.
Legal Procedure
Article 226 of the treaty by which the EU was formed gives the EC powers to take legal action against a member state that is not respecting its obligations.
If the EC considers that there may be a violation of EU law that warrants the opening of an infringement procedure, it addresses a Letter of Formal Notice (first written warning) to the member state concerned, requesting it to submit its observations by a specified date, usually two months.
In the light of the reply or absence of a reply from the member state concerned, the EC may decide to address a Reasoned Opinion (final written warning) to the member state. This clearly and definitively sets out the reasons why it considers there to have been an infringement of EU law, and calls upon the member state to comply within a specified period, usually two months.
If the member state fails to comply with the Reasoned Opinion, the EC may decide to bring the case before the European Court of Justice. If that court finds that the treaty has been infringed, the offending member state is required to take the measures necessary to conform.
Article 228 of the treaty gives the EC power to act against a member state that does not comply with a previous judgment of the Court of Justice of the European Communities. The article also allows the EC to ask the court to impose a financial penalty on the member state concerned.
Source: European Commission (EC).