air pollution

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By Michael Green, Elisabetta Righini, Joern Kassow, Rosa Espin, Eun-Kyung Lee, and Cesare Milani.

On 15 February 2017, the European Commission (the Commission) sent final warnings (a Reasoned Opinion) to France, Germany, Italy, Spain and the United Kingdom for failing to comply with the air pollution limits for nitrogen dioxide (NO2). Under EU law, Directive 2008/50/EC on air quality and cleaner air for Europe (the Directive) sets air quality limits that cannot be exceeded anywhere in the EU and obliges Member States to limit the exposure of citizens to harmful air pollutants.

The Commission stated in its report, “… while it is up to the Member State authorities to choose the appropriate measures to address exceeding NO2 limits, much more effort is necessary at local, regional and national levels to meet the obligations of EU rules and safeguard public health”.  The Commission has therefore urged the five Member States to take action to ensure good air quality and safeguard public health. These “final warnings” may have serious consequences.  If the said Member States fail to comply with the Directive within two months, the Commission may decide to take the matter to the Court of Justice of the EU (the CJEU).

While the Commission’s Reasoned Opinion is focused on levels of NO2, it is widely acknowledged that air quality standards (which generally concern NO2 and particulate matter – especially PM10 – levels) in many parts of Europe are poor.  As air quality gains increasing media attention and demands for improvement, we have briefly summarised the position on air quality standards (whether NO2, particulate matter or more generally) in each of the countries that are the subject of the most recent Reasoned Opinion.

By Michael Green and Paul Davies

The UK will need to revisit its strategy to improve air quality following a recent court judgment determining that the Government’s existing plans are insufficient.  With air pollution reportedly responsible for 9,500 premature deaths in London each year, according to a study commissioned by the Greater London Transport Authority and Transport for London, the implications of this judgment are likely to have significant impact on the country’s transport infrastructure.

By Paul Davies and Andrew Westgate

In advance of the first ever G20 summit to be hosted in China this year, the Shanghai Environmental Protection Bureau issued a revised, short-term air quality plan to improve local air conditions ahead of the summit. China has undertaken similar efforts to achieve a temporary smog lift in advance of other high profile events such as the Olympics in 2008, the Shanghai World’s Fair in 2010 and the Asia-Pacific Economic Cooperation summit in 2014 – during which the rare blue skies experienced were referred to as “APEC blue.”

The G20 summit will be held September in Hangzhou, a city situated 150 miles south-west of Shanghai. As China’s largest city, and a city with significant construction, operational and residential emissions, Shanghai impacts upon the air quality of its neighbouring cities, including Hangzhou.