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Summary reading week 5 Environmental Law (GEO2-2424)
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Summary of Jans/Vedder 2012, chapter 12 p. 419-428 Lee 2014, chapter 5 IE-Directive 2010/75/EU using bullet points.
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Readingvrijdag 10 december 2021
20:32
12 Legislation on Air Pollution (Jans/Vedder, 2012)
Possible distinctions European legislation concerning air pollution:
Sources of pollution (stationary vs mobile sources)
Air quality standards
Various layers of atmosphere (ozone layer in stratosphere vs (lower) troposphere)
Legislation partly to fulfil European obligations resulting from international treaties
concluded by it
12.1 ambient Air Quality Directives
History: 1980 three directives laying down minimum air quality standards -> 1992 directive
on ozone in ambient air -> 1996/62 framework directive on ambient air quality assessment
and management -> 2008/50/EC directive on ambient air quality and cleaner air for Europe
Aim framework directive 2008/50/EC:
Define and establish objectives for ambient air quality designed to avoid, prevent or
reduce harmful effects on human health and the environment as a whole
Assess the ambient air quality in Member States on the basis of common methods
and criteria
Obtain information on ambient air quality in order to help combat air pollution and
nuisance and to monitor long-term trends and improvements resulting from national
and EU measures
Ensuring that such information on ambient air quality is made available to the public
Maintain ambient air quality where it is goof and improve it in other cases, and
Promoting increased cooperation between the Member States in reducing air
pollution
Integration 'daughter directives' into current directive => directive now includes emissions
limit values
Not resulted in sign changes to the limit values contained therein
Set-up
1: general provisions
2: provisions on assessment regime Sulphur dioxide, nitrogen dioxide and oxides of
nitrogen, particulate matter, lead, benzene and carbon monoxide
Ambient air quality management, rules on actual air quality
o Standstill obligation not complete, allows for measures resulting in poorer air
quality up to the limit values
Alert values Limit values Critical levels
Relevant for effects on Relevant for effects on Relevant for effects of air pollution on
human health human health trees, plants and other ecosystems
Not on humans
For PM2.5 and ozone in ambient air target values and long-term objectives
, PM2.5 problematic, not sure which value is damaging to human health
Serious exceedance of limit values may qualify as exceedance of the alert or information
thresholds
Ozone, information threshold first exceeded -> results in duty to inform the public
(selection population at risk from brief exposure)
o No information threshold for Sulphur dioxide, nitrogen dioxide and ozone
Next threshold is alert, risk for population as a whole
Quite some leeway for member States
Provision on contribution from natural sources
o Allows Member States to claim that exceedances are caused by natural
sources
Article 21 includes a possibility to postpone the deadlines attached to reaching
certain limit values or to be exempted from applying certain limit values
Nitrogen dioxide & PM10
benzene
Deadlines mat Possibility to exempted from the limit values, where
extended for max 5 these cannot be attained as a result of site-specific
years, when an air dispersion characteristic, adverse climate conditions
quality plan is or transboundary contributions (when air quality plan
established is established)
Air quality plans
Member States required to inform Commission, Commission has 9 months to raise
objections
Triggered by exceedances of target values or limit values, including the margin for
tolerance
Contain appropriate measures to attain the relevant values
Possible solution to difficulties Member States face = balancing of slight reductions in air
quality in one area where the air quality is good with improvements of air quality in other
areas with poor air quality
12..2 Directives on Emissions into the Air
National Emissions Ceilings Directive 2001/81 - overarching emissions ceilings
Aim: to limit emissions of acidifying and eutrophying pollutants and ozone precursors
in order to protect human health and the environment in the EU
Covers all emissions resulting from human activity from the territory of the Member
States and their economic zones irrespective of the source
o Exception: international maritime traffic and aircraft emissions beyond
landing and take-off
Interim objectives 2010 through emissions ceilings
Directives covering emissions from various sources - emissions from industrial plants vs.
Emissions from mobile sources
Rules on emissions from industrial plants found in Directive 2001/80, 2000/76, 2008/1 and
2010/75
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