The legal case for low emission zones

An introduction to ClientEarth

“The United Kingdom is in breach of its obligations to comply with the nitrogen dioxide limits provided for in Article 13 of Directive 2008/50/EC”

“... the way is open to immediate enforcement at national or European level.”

16 zones and agglomerations London Manchester Liverpool Teeside Hull Southampton Glasgow Belfast Eastern England South East England East Midlands The Potteries Yorkshire & Humberside West Midlands North East England West Midlands

The Dirty Dozen Tyneside Liverpool Sheffield Bristol Brighton Birkenhead* Preston* Swansea* Belfast South West England North East Scotland South Wales

4 Questions referred to the ECJ 1.Are member states obliged to apply for a time extension? 2.If so, when are they excused? 3.What does “as short as possible mean?” 4.What remedies must national courts provide?

The Commission’s case UK first to face NO 2 infringement Press release Janez Potocnik

An introduction to ClientEarth ECJ Hearing Autumn 2014? 2 nd UKSC hearing 2015 Court of Justice of the European Union, Luxembourg

“...the air quality plans shall set out appropriate measures, so that the exceedance period can be kept as short as possible.” Directive 2008/50/EC, Article 23

Defra’s case Could not apply for a time extension 2025 = “shortest time possible” Failure of Euro standards Breaches in other Member States

“Investigate the feasibility of a national framework for low emission zones”

“Use the European Commission review of air quality legislation, expected in 2013, to seek amendments to the Air Quality Directive which reduce the infraction risk faced by most Member States, especially in relation to nitrogen dioxide provisions.”

ClientEarth’s case As short as possible = as short as physically possible Limit values v target values Mandatory order

Case C-56/90 Commission v UK (1993) Legal duty to achieve limit values by deadlines is absolute UK failed to demonstrate impossibility More than just “best efforts”

“It is irrelevant whether the failure to fulfil obligations is the result of intention or negligence by the member state…or of technical difficulties encountered by it” Case C-68/11 Commission v Italy (2012)

Irrelevant factors: Financial Political Legal Technical Weather Crime Riots Crime Social unrest

C-237/07 Janecek The right to clean air

An introduction to ClientEarth Federal administrative Court, Leipzig Hess and Bavaria ordered to improve NO 2 plans

Crystall ball gazing Early 2015: Supreme Court order for new plan to tackle NO 2 ASAP

A National Network of S

The Berlin LEZ 19% reductions in NOx emissions 40% reductions in black carbon emissions

70 + LEZs

The need for a national framework Ensure effectiveness Uniform standards Create a level playing field Avoids pollution displacement Economies of scale

LEZs and localism Compliance impossible before 2025 Failure of Euro standards Other Member States are in breach National frameworkLocal authority Set standard (Euro VI+)Opt out Certification scheme for retrofit equipment Designate boundaries of LEZ Vehicle registration/stickersWhich vehicles it applies to* Test cycleHours of operation* Inspection regime and finesComplementary local measures Enforcement Publicity and consultation

Legal necessity Moral imperative Economic opportunity

Thank you Alan Andrews